Southeast City Zoning Code
ARTICLE XII
Signs
§ 138-72 Purpose.
A.
The purpose of this article is to establish regulations for the design, construction, installation, maintenance and replacement of signs in the Town of Southeast in order to maintain and protect the attractive and harmonious visual image of the community; permit effective identification of businesses to encourage economic prosperity; protect the aesthetic environment from the unrestricted proliferation of signs and visual clutter; protect property values; and protect the public health, safety and welfare of the residents of the Town of Southeast.
B.
This article is intended to promote attractive signs that clearly present the visual message in a manner that is compatible with their surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
§ 138-72.1 Nonconforming signs.
A.
Intent. This section is to encourage the eventual elimination of signs which do not comply with this chapter. The elimination of nonconforming signs is important to the purpose stated herein.
B.
Grandfathering. In the event that a sign lawfully erected prior to the effective date of this article does not conform to the provisions and standards of this article, then such sign shall be permitted to continue, subject to the following regulations:
(1)
Upon transfer or sale of a property, change in tenancy, or change in business name, the sign shall be required to conform to the provisions and standards of this article. Where two or more businesses share a common zoning lot or parcel, upon the change in ownership or tenancy of one or more businesses on the common lot, the property owner shall be required to prepare a comprehensive sign program as defined in this chapter. The comprehensive sign program shall apply to any new or replacement signs on the property.
(2)
A nonconforming sign shall not be installed, reinstalled, enlarged, relocated, erected or altered except in conformity with the provisions of this article.
(3)
A nonconforming sign structure shall not be retrofitted with a new sign face or otherwise reused for a new business or new tenant.
(4)
Any maintenance, repair or alteration of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of alteration or repair. The depreciated value of a sign shall be determined by the estimation of the Building Inspector.
(5)
In the event of its total or partial destruction, a nonconforming sign shall not be rebuilt; nor may it be reestablished after damage or destruction if the Building Inspector determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost. Any replacement sign shall be required to conform to the provisions of this article.
(6)
A nonconforming sign may not be structurally altered so as to prolong the life of the sign.
(7)
Notwithstanding any provisions contained herein, the sign must be kept clean, free of mold, mildew, and peeling paint, be neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. In the event of a violation of any of the foregoing provisions, the Building Inspector or Town Code/Zoning Enforcement Officer shall give written notice specifying the violation to the named owner of the sign. If said sign is not in conformance within 14 days by the named owner, or the owner of the property upon which the sign is located, the Building Inspector or Town Code/Zoning Enforcement Officer shall issue a court appearance ticket for compliance with this Code. The Building Inspector or Town Code/Zoning Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed with notice.
(8)
Billboards, as defined herein, shall not be grandfathered or considered preexisting nonconforming and shall be removed.
§ 138-73 Sign definitions.
Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in § 138-4 of the Code of the Town of Southeast shall be given the meanings set forth in such section. All other words and phrases shall be given their common, dictionary meaning, unless the context clearly requires otherwise.
Any sign that advertises a business, lessor, owner, product, service or activity that is no longer in existence or located on the premises where the sign is displayed.
Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
A roof-like cover that projects from a building wall for the purpose of shielding a window or doorway from the elements.
Any form, graphic, illumination, symbol, or writing on an awning used to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
See "internal illumination."
An inflatable object filled with air, gas, helium, oxygen or other gaseous substance. This definition is not intended for, and does not include, hot air balloons.
Any cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes, attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of New York, and other states, counties, or municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
Any light with one or more beams capable of being directed in any direction or capable of being revolved automatically, fixed, flashing or otherwise.
A permanent off-premises outdoor advertising sign erected, maintained or used for the purpose of commercial or noncommercial messages.
An internally illuminated or nonilluminated box with a translucent face or solid face with stencil-cut open letters, numbers or symbols; or a sign that is illuminated by a light source that shines through the letters or logo from the back of the sign.
That building elevation that fronts on a public street, parking area, or courtyard where customer access to the building is available. See Sketch D at the end of this chapter.[1]
A shelter or covering made of fabric or other similar pliable or rigid material that projects over a public right-of-way or any public way, as defined in this chapter, for a distance of five feet or more and that is carried by frames attached to a building and/or by frames supported by the ground or pavement.
Any form, graphic, illumination, symbol, or writing on a canopy used to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
A certificate issued by the Building Department after the sign is erected in accordance with the design submitted for the permit.
A sign designed to allow copy containing or displaying letters, numbers, or graphics, which is designed to be readily and periodically changed or rearranged manually.
Three-dimensional, individually cut letters or figures, illuminated or unilluminated, affixed to a structure.
A comprehensive sign program required of two or more businesses that share a common zoning lot or parcel. The program is a sign system to create visual harmony among the signs within the program area and compatibility with surrounding establishments and structures. It shall include specifications for all signs within the program area, including but not limited to the following: sign type, lettering or graphic style, size, shape, scale, colors, lighting, materials, installation, and position on the site plan.
See "window sign."
See "two-sided sign."
A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.
To build, construct, attach, hang, place, suspend, or affix, which shall also include the painting of wall signs or other graphics.
A light from a source outside the sign and directed to shine on the sign.
The exterior surface of a building extending from the ground plane to the roofline, top of parapet, or cornice.
A sign that contains an intermittent or sequential flashing light source.
A sign supported by one or more uprights, posts, or bases permanently placed upon or affixed in the ground and not attached to any part of a building, structure or any other objects. Included are pole signs, pylon signs and masonry wall-type signs, but excluding billboards.
See "monument sign."
Any of the following:
A sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use.
A sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises.
A sign that is a danger to the public or is unsafe.
A temporary sign which remains in public view for more than 30 days.
Any sign illuminated by electricity, gas or other artificial light, and which includes reflective and phosphorescent light.
A light source that is concealed or contained within the sign or letter and becomes visible in darkness through a translucent surface.
A sign erected in conjunction with a use that incorporates a drive-through or drive-in and generally used to provide service and/or product options and pricing for patrons who remain in a vehicle.
Any detached sign on the same lot or parcel as the use it identifies which has its bottom portion attached to a proportionate base or plinth, integrated ground planter box, or structural frame.
An identifying structure or sign which was lawfully erected through the issuance of a sign permit and maintained prior to the adoption of this chapter, and which has subsequently come under the requirements of this chapter, but does not now completely comply.
Any sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located. See also "billboard."
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Individual letters cut from a material and mounted on a board or building through the use of pins on the back of the letter.
Any sign not permanently attached to the ground or other permanent structure, or a sign to be transported, including, but not limited to, signs designed to be transported by means of a person or wheels; signs affixed to a trailer or flatbed of a truck; signs converted to A-frames; and menu and sandwich board signs.
A sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall or a sign which is perpendicular to the face of such wall or structure.
The right-of-way of any area owned by the State of New York, the County of Putnam or the Town of Southeast, which is used for a highway, street, road, parking area, sidewalk, or other public use. For the purpose of this chapter, the public right-of-way shall not be less than 15 feet from the edge of a curb, paved or unpaved roadway, and/or the private property tax parcel lot line, whichever is less.
A privately owned area made available for public use, such as a sidewalk on private property along a strip mall.
A sign that incorporates a menu containing a list of products and prices offered by the business, but excluding menu board signs as defined herein.
A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of a building with a flat roof, the eave line of a building with gambrel, gable, or hip roof, or the deckline of a building with a mansard roof.
Any announcement, declaration, demonstration, billboard display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed where it may be viewed from the outside of any structure on the premises where placed. The display of merchandise and products inside a building and located at least two feet from a window shall not be considered a sign.
The area including the frame or edge of the sign; where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. When two identical sign faces are mounted back-to-back on the same sign structure and are either parallel or form an angle not exceeding 30°, only one of the sign faces shall be used to compute the sign area. If the angle of the sign faces exceeds 30°., then both faces shall be used to compute the sign area. See Sketch D at the end of this chapter.[2]
A rigid structure, generally enclosing a light source and/or electrical components, the face of which contains illuminated letters or serves as a background for mounting individual internally illuminated letters.
The vertical distance, from the bottom to the uppermost points used in measuring the sign area, as herein defined. See Sketch D at the end of this chapter.[3] Architectural embellishments shall be excluded from the calculation of the sign height, provided that the only information displayed in such embellishments is the street address.
A permit issued by the Building Inspector of the Town of Southeast allowing the permittee to erect, construct, enlarge, paint, alter, relocate, reconstruct, display or maintain a sign.
The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate "sign structure."
The vertical distance from the uppermost point of the structure used to support the sign as measured to the average finished grade immediately below and adjoining the sign structure. See Sketch D at the end of this chapter.[4]
Any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.
A sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes.
An electronic message board or sign that displays a message.
A sign that is painted, stenciled, or attached magnetically on a vehicle.
A sign painted on or attached to an outside wall of a building and in the same plane as the wall.
Window area shall be computed by calculating each window pane or panel. Transom windows shall be included in the calculation for the window or door below them and shall not be considered separate windows. The area shall be separate for each building face and for each window. See Sketch D.[5]
A sign posted, painted, placed, or affixed in or on the interior surface of a window exposed to public view. An interior sign that faces a window exposed to public view that is located within two feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.
[1]
Editor's Note: Sketch D is included as an attachment to this chapter.
[2]
Editor's Note: Sketch D is included as an attachment to this chapter.
[3]
Editor's Note: Sketch D is included as an attachment to this chapter.
[4]
Editor's Note: Sketch D is included as an attachment to this chapter.
[5]
Editor's Note: Sketch D is included as an attachment to this chapter.
§ 138-74 General regulations.
A.
Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Building Inspector. No person shall erect any sign on public property, including within road rights-of-way. No permit shall be required for a sign to be repainted or repaired consistent with its original form, design, and dimensions. However, such actions do require that the Building Inspector be notified in writing, so the Building Inspector may determine whether the extent of the repairs constitutes a new sign requiring a permit.
B.
Application procedure. Applications shall be made in writing to the Building Inspector on forms prescribed and provided by the Town and shall contain the following information:
(2)
The location of the building, structure or land upon which the sign now exists or is to be erected, including the Tax Map identification number and the 911 address.
(3)
If a new sign is to be erected, elevation and plan drawings to scale. In addition, a full description of the placement and appearance of the proposed sign should be included and should cover the following:
(a)
The location on the premises, specifically, its position in relation to adjacent buildings, structures and property lines.
(b)
The method of illumination, if any, and the position of lighting or other extraneous devices and a copy of the electrical permit related to the electrical connections.
(c)
Graphic design, including symbols, letters, materials and colors.
(d)
The visual message, text, copy or content of the sign.
(4)
Written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
C.
Permit. Upon filing of a completed application for a sign permit and the payment of the required fee, the Building Inspector shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the application is complete with respect to the requirements of this article, the Building Inspector shall then, within 15 days, refer the application to the Planning Board. The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality.
D.
If the erection of the sign authorized under any such permit has not commenced within six months from the date of the issuance, the permit shall become null and void, but it may be renewed prior to the expiration, for good cause shown, for an additional six months, upon payment of 1/2 of the original fee.
E.
Every sign shall bear the permit number, permanently and visibly shown. Failure to do so shall constitute cause for revocation of the sign permit.
F.
Landscaping. The area beneath the sign shall be landscaped with plantings and groundcover in a manner that complements the site and integrate the sign with buildings, parking areas, surrounding vegetation and natural features of the landscape.
G.
Address. All freestanding signs shall include the 911 street address number that shall not be less than five inches and no more than 10 inches in height. Such numbering must be placed on the sign or sign frame in full unobstructed view of the motoring public.
H.
Removal of signs.
(1)
Abandoned sign. The Building Inspector or Town Code/Zoning Enforcement Officer may cause an abandoned sign to be removed upon written notification. Notification shall be given to the named owner of the land upon which it is located who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Building Inspector or Town Code/Zoning Enforcement Officer shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service.
(2)
The Building Inspector or Town Code/Zoning Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed or repaired immediately with notice.
I.
Following the installation of the sign, the Building Inspector or his/her designee shall inspect the sign for compliance with the sign permit and any approvals by the Town of Southeast Planning Board and/or Zoning Board of Appeals. Once the Building Inspector has verified the proper installation of the sign, the Building Department shall issue a certificate of compliance.
§ 138-75 Specific sign regulations.
A.
Exempt signs. The following signs are exempt from the provisions of this article, and do not require a sign permit:
(1)
On-premises nonilluminated signs less than one square foot per face and less than four feet in sign structure height.
B.
Prohibitions. The following signs are not permitted in the Town of Southeast.
(1)
Off-premises signs.
(2)
Any illuminated signs that are animated, flashing, rotating, fluttering, or moving in any way.
(3)
Roof signs.
(4)
Billboards.
(5)
Balloons, banners, pennants, ribbons, streamers, spinners or similar moving, fluttering, floating, or revolving devices.
(6)
Beacon lights.
(7)
Vehicle signs.
(8)
Portable signs.
(9)
Electronic reader board or variable message signs greater than two square feet that change their display more than two times per day.
C.
Temporary signs.
[Amended 3-30-2023 by L.L. No. 4-2023]
(1)
Temporary signs shall only be allowed on private property with permission of the private property tax parcel owner.
(2)
Temporary signs shall not be placed in a public right-of-way. Placement of a temporary sign shall not be less than 10 feet from the edge of a paved or unpaved roadway, and/or the private property tax parcel lot line, whichever is less, in nonresidential zones. Placement of a temporary sign shall not be less than three feet from the edge of a paved or unpaved roadway and/or the private property tax parcel lot line, whichever is less, in residential zones.
(3)
Temporary signs in residential zoning districts shall not exceed five square feet.
(4)
Temporary signs in commercial zoning districts shall not exceed 16 square feet.
(5)
Temporary signs shall not be illuminated.
(6)
Temporary signs shall not be displayed for more than 30 days.
(7)
Temporary signs shall not be attached to fences, trees, utility poles, rocks or other parts of a natural landscape, nor shall they be placed in a position that will obstruct or impair in any manner, or create a hazard or disturbance to, the health, safety and welfare of the general public.
D.
Permanent signs. The following signage shall be permitted subject to a sign permit from the Building Inspector and approval by the Planning Board.
(1)
Within any residential zoning district, the following permanent signs may be erected:
(a)
One externally illuminated sign not exceeding 24 square feet or six feet in height may be erected at each driveway entrance. All such signs shall be constructed of wood or wood-like material, including plastic which is carved to look like wood.
(2)
Within any commercial zoning district, the following permanent signs may be erected, subject to the following sign provisions:
(a)
Wall signs subject to the following dimensional criteria in the HC, S22, and SR6 Zoning Districts:
Business/Tenant Gross Floor Area (square feet) | Maximum Height (feet) | Maximum Length (feet) | Maximum Square Footage (square feet) |
|---|---|---|---|
<5,000 | 3 | 8 | 24 |
5,001 to 10,000 | 4 | 10 | 40 |
10,001 to 20,000 | 4 | 16 | 64 |
20,001 to 40,000 | 4 | 20 | 80 |
>40,001 | 4 | 30 | 120 |
NOTES: | |
|---|---|
1. | One wall sign per business or tenant. |
2. | See supplementary regulations for drive-throughs, large retail establishments, and motor vehicle service stations. In the event of any conflict between the provisions of this section and the supplemental regulations, the supplemental regulations shall control. |
(b)
Wall signs subject to the following dimensional criteria in the GC, OP-1, OP-2, OP-3, ED, and RC Zoning Districts:
Business/Tenant Gross Floor Area (square feet) | Maximum Height (feet) | Maximum Length (feet) | Maximum Square Footage (square feet) |
|---|---|---|---|
<5,000 | 3 | 8 | 24 |
5,001 to 10,000 | 4 | 10 | 40 |
10,001 to 20,000 | 4 | 16 | 64 |
>20,000 | 4 | 20 | 80 |
NOTES: | |
|---|---|
1. | One wall sign per business or tenant. |
2. | See supplementary regulations for drive-throughs, large retail establishments, and motor vehicle service stations. In the event of any conflict between the provisions of this section and the supplemental regulations, the supplemental regulations shall control. |
(c)
Wall signs subject to the following dimensional criteria in the NB and RC-2 Zoning Districts:
Business/Tenant Gross Floor Area (square feet) | Maximum Height (feet) | Maximum Length (feet) | Maximum Square Footage (square feet) |
|---|---|---|---|
<5,000 | 3 | 8 | 24 |
>5,000 | 4 | 10 | 40 |
NOTES: | |
|---|---|
1. | One wall sign per business or tenant. |
2. | See supplementary regulations for drive-throughs, large retail establishments, and motor vehicle service stations. In the event of any conflict between the provisions of this section and the supplemental regulations, the supplemental regulations shall control. |
(d)
Freestanding signs subject to the following dimensional criteria:
Zoning District* | HC SR22 SR6 GC | OP-1 OP-2 OP-3 ED RC | NB |
|---|---|---|---|
Maximum height | 15 feet | 10 feet | 10 feet |
Building setback >50 feet | |||
Number of signs | Either 1 wall sign or 1 freestanding sign | Either 1 wall sign or 1 freestanding sign | Either 1 wall sign or 1 freestanding sign |
Maximum freestanding sign size | 32 square feet | 32 square feet | 32 square feet |
Building setback > 50 feet | |||
Number of signs | 1 freestanding sign | 1 freestanding sign | 1 freestanding sign |
Maximum square feet | 32 square feet | 32 square feet | 32 square feet |
Building setback > 100 feet | |||
Number of signs | 1 freestanding sign | 1 freestanding sign | 1 freestanding sign |
Maximum square feet | 60 square feet | 40 square feet | 32 square feet |
NOTES: | |
|---|---|
* | See supplementary regulations for drive-throughs, large retail establishments, motor vehicle service stations. In the event of any conflict between the provisions of this section and the supplemental regulations, the supplemental regulations shall control. |
** | The percentage-based dimensional requirements may be exceeded to achieve the minimum square footage allowances. |
(e)
Notwithstanding the above, businesses which have frontage on more than one street (e.g., corner lot) are permitted one wall sign per street frontage.
(f)
The above signs may be internally or externally illuminated.
(g)
All parcels with two or more commercial businesses are required to prepare a Comprehensive Sign Program to govern all site signage. The Comprehensive Sign Program shall provide a coordinated approach to sign material, shape, lettering, color, lighting, and other decorative elements.
(3)
Specific regulations to sign types. The following additional conditions shall apply to all signs, unless otherwise specified herein:
(a)
Wall signs.
[1]
Wall signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building.
[2]
Wall signs shall not extend more than nine inches from the face of the building to which attached, except that changeable-copy signs may extend 15 inches.
[3]
Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of eight feet.
(b)
Projecting and representational signs.
[1]
Projecting signs shall not have more than two faces.
[2]
The exterior edge of a projecting or representational sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk, whichever is less.
[3]
No part of a projecting or representational sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of seven feet six inches.
[4]
Projecting or representational signs shall not extend above the level of the second floor of the building to which attached or in any case be higher than 12 feet.
[5]
No projecting or representational sign shall be permitted within 15 feet of a street intersection.
(c)
Freestanding signs.
[1]
No freestanding sign shall be located less than 15 feet from the front property line nor less than five feet from the side property line. No freestanding sign may be located less than 50 feet from any other freestanding sign.
[2]
If for any reason the property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform to the minimum setback requirements.
[3]
No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang the property lines.
[4]
Freestanding signs shall not be located within, or project into or over, any pedestrian walkway or driveway if the sign could interfere with safe vertical or horizontal clearance to pedestrians or vehicles.
[5]
Freestanding signs under which a pedestrian walkway or driveway passes must have a ten-foot vertical clearance.
[6]
At the base of all ground signs, landscaping of live ground cover shall be planted and maintained at the base of the supporting structure equal to twice the area of one face of the sign, shielding all utility boxes and structures.
(4)
Illumination of signs.
(a)
External light sources shall be directed and shielded to prevent direct illumination of any object other than the sign.
(b)
Electrical raceways and conduits shall be placed so that they are not within public view to the greatest extent practicable. Any visible conduit shall be painted to match the surface on which it rests.
(c)
No outdoor sign shall be illuminated by a light source directed at the sign from the interior of any building or store.
(d)
No sign shall contain flashing, intermittent, rotating, or moving lights.
(5)
Sign material. The permitted materials used for the construction of signs vary by zoning district.
§ 138-75.1 Supplementary sign regulations.
A.
Drive-through menu board signs.
(1)
Drive-through menu board sign. A menu board sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. The design, materials, and finish of the menu board sign shall match those of the building(s) on the same lot. One menu board sign is permitted per drive-through use on a lot. The maximum area of a menu board sign is 60 square feet. The maximum sign structure height of a menu board sign is seven feet.
(2)
Drive-through pre-order sign. A drive-through pre-order sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. The design, materials, and finish of a drive-through pre-order sign shall match those of the building(s) on the same lot. One drive-through pre-order sign is permitted at the entrance of the drive-through lane on a lot. The maximum area of a drive-through pre-order sign is 24 square feet in area. The maximum sign structure height of a drive-through pre-order sign is seven feet.
(3)
Drive-in menu board sign. A drive-in menu board sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. If the drive-in stalls are covered by a canopy, the drive-in menu board signage may be attached directly to the canopy support columns. The design, materials, and finish of a drive-in menu board sign shall match those of the building(s) on the same lot. One drive-in menu board sign is permitted per ordering station. The maximum area of a drive-in menu board sign is nine square feet in area. The maximum sign structure height of a drive-in menu board sign is seven feet.
B.
Large retail establishment. No sign shall be erected in a large retail establishment except in accordance with the following standards and specifications:
(1)
Wall signs attached to the face or side of a building conforming to the following specifications:
(a)
Each business located in a large retail establishment shall be allowed a maximum of one wall-mounted sign for every 100 linear feet of building frontage associated with the premises occupied by that business. Notwithstanding the above, where a business occupies a corner tenant space, freestanding building within a parking lot, or otherwise has more than one facade that meets the definition of "building frontage" contained herein, a minimum of one wall-mounted sign may be placed on each building frontage.
(b)
Tenant wall signs shall not exceed the following dimensions:
Tenant Gross Floor Area (square feet) | Maximum Height (feet) | Maximum Length (feet) | Maximum Square Footage (square feet) |
|---|---|---|---|
< 5,000 | 3 | 8 | 24 |
5,001 to 10,000 | 4 | 16 | 64 |
10,001 to 20,000 | 5 | 20 | 100 |
20,001 to 40,000 | 5 | 30 | 180 |
> 40,001 | 6 | 70 | 420 |
(2)
Freestanding or monument signs identifying the large retail establishment conforming to the following specifications:
(a)
One two-sided freestanding sign identifying the large retail establishment may be erected at each entrance driveway.
(b)
The maximum sign structure height is 20 feet. The sign face shall not exceed 16 feet in height. The total maximum area of the sign face shall not exceed 200 square feet per sign.
(3)
Awnings or canopies conforming to the following specifications are permitted:
(a)
Awnings and canopies shall not fully shield a window.
(b)
Awnings and canopies shall be maintained. Ripped or torn awnings or canopies are prohibited.
(c)
The fabric and graphics shall not be fluorescent in color.
(d)
Awnings and canopies shall complement the architectural style and color of the building on which they are located.
(e)
Any graphics or type on an awning or canopy shall not cover more than 10% of the visible surface area of the awning or canopy.
(4)
Internally illuminated light box signs are prohibited. Signage that utilizes reverse illumination or illuminated channel lettering is permitted.
(5)
All large retail establishments shall be required to prepare a comprehensive sign program.
C.
Motor vehicle service stations. It is recognized, in addition to conventional business signage, automotive fuel stations require additional federal, state and local government and safety signage. The following regulations regarding automotive fuel stations shall also apply:
(1)
Fuel dispensing and pricing signs shall be in accordance with New York State law.
(2)
The maximum face area of a freestanding/monument sign shall be inclusive of any fuel service station price sign.
(3)
Fuel service station canopy signs:
(a)
Gas stations with a canopy shall be permitted one canopy sign for each side of the canopy that has a visible exposure to a public road or street.
(b)
A canopy sign shall not exceed 16 square feet in area.
(c)
The canopy sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below or from any side of the vertical face of the canopy. A business logo shall be considered part of a canopy sign.
(d)
The canopy sign may be illuminated by internal and nonintermittent light sources.
(e)
Striping is permitted, may not be illuminated and is not calculated as part of the allowable sign area.
§ 138-76 Construction standards.
A.
General.
(1)
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (U.L. 48) of Underwriters' Laboratories, Inc., and bear the seal of Underwriters' Laboratories, Inc.
(2)
If such sign does not bear the Underwriters' Laboratories label, the sign shall be inspected and certified by the New York Board of Fire Underwriters. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
(3)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(4)
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
(5)
All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring and loose supports, braces, guys and anchors.
(6)
All projecting, freestanding or wall signs shall employ acceptable safety material.
(7)
All signs shall be painted and/or fabricated in accordance with generally accepted standards.
§ 138-77 Design guidelines.
A.
The following design guidelines apply to all nonexempt signs within the Town of Southeast. These guidelines are intended to assist applicants, design professionals and the Town of Southeast Planning Board in the review and approval process.
(1)
The sign should serve to define or enhance architectural elements of the building, not obscure or obliterate them. Each building has a character based on its age and the quality of the original design. Signs should be made of the appropriate materials and complement the design.
(2)
Sign size and dimensions shall be proportionate to the size and dimensions of the building, site and setting. This chapter sets maximum allowances.
(3)
Sign design should reflect consistency, simplicity, neatness, and minimum wording.
(4)
The business name should be the largest lettering. Any subsidiary message, if used, should be smaller than the business name.
(5)
Sign colors should be limited in number and should be compatible with the facade. In most circumstances, dark backgrounds for signs are preferred over light backgrounds.
(6)
Creative use of high-quality materials should be encouraged.
(7)
If multiple signs are to be placed on a site, all signs should follow a coordinated theme.
(8)
No more than two typefaces should be used on any one sign.
(9)
No Day Glo, luminous or sparkling colors shall be used.
§ 138-78 Appeals.
A.
Any person aggrieved by a decision of the Building Inspector or Town Code/Zoning Enforcement Officer relative to the provisions of this article may appeal such decision, in writing, to the Zoning Board of Appeals, provided that such appeal is filed within 60 days of such denial, and shall comply with all procedural requirements prescribed by such Board.
B.
In granting any variance from the provisions of this chapter, the Zoning Board of Appeals must find that the variance is necessary for the reasonable use of the land or buildings, that granting the variance is in harmony with the general purposes and intent of this article, that such will not be injurious to the neighborhood character or otherwise detrimental to the public welfare, and that denial of the variance would result in practical difficulty or unnecessary hardship to the applicant.
§ 138-79 Penalties for offenses.
A.
Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit or who in any other way violates any provision of this article shall be guilty of an offense and receive punishment as established in the Penal Code. Each week's continuous violation shall constitute a separate additional violation.
B.
If it shall be found, upon inspection by the Building Inspector or Town Code/Zoning Enforcement Officer, that persons or organizations are displaying temporary signs in violation of this article, including exempt signs regulated by § 138-75A by virtue of location and/or length of time posted, the responsible person, firm or corporation, as the case may be, shall be liable to a fine of not more than $250 per sign.
C.
In case of a violation of this article, the municipality and its officers may, in addition to any other remedies specifically conferred by law or ordinance, institute any appropriate proceedings to prevent unlawful erection, construction, reconstruction, alteration or use of any sign not in compliance with this article.
§ 138-79.1 Immunity from liability.
A.
No official, employee or agency, whether public or private, shall be subject to any civil or criminal liability for damages in connection with the implementation or enforcement of this article, unless it is shown that such official, employee or agency acted with gross negligence or in bad faith.
B.
Nothing in this section shall be deemed to impose any civil or criminal liability upon or to give rise to a cause or action against any official, employee or agency, whether public or private, for failing to implement or enforce the provisions of this article, unless it is shown that such official, employee or agency acted with gross negligence or in bad faith.
§ 138-79.2 Severability.
If any clause, sentence, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.