[Added 1-10-1989 by L.L. No. 1-1989]
The purpose of this article is to regulate existing
and proposed signs in order to:
A.
Protect property values.
B.
Create a more attractive economic and business climate.
C.
Enhance and protect Southold's physical appearance
and environment.
D.
Preserve the historic and architectural heritage of
the Town.
E.
Provide a more enjoyable and pleasing community.
F.
Reduce sign or advertising distraction and obstructions
that may contribute to traffic accidents.
G.
Reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way.
A.
The provisions of this article shall apply in all
districts.
B.
Except as otherwise provided in this chapter, signs
shall not hereafter be erected, structurally altered, enlarged or
moved or reconstructed within the Town unless a permit is obtained
from the Building Inspector and payment of a required fee per sign
in accordance with the Town of Southold fee as specified in Subsection
F below.[1]
[Amended 11-24-1992 by L.L. No. 21-1992; 11-29-1994 by L.L. No. 25-1994]
(1)
The following operations shall not be considered as
creating a new sign and, therefore, shall not require a new sign permit:
(a)
Replacing copy: the changing of the name, advertising
or message on an approved sign.
(b)
Maintenance: painting, cleaning and other normal
maintenance and repair of a sign or a sign structure, unless a structural
change in configuration is made.
(c)
Movement of a sign farther from the right-of-way,
provided that it meets all provisions of the Building Code and Town
Code and the Building Department is notified in advance.
(2)
The following signs shall be exempt from the permit
requirement, but are subject to the other requirements of this Code:
(a)
Contractor signs.
(b)
Real estate signs.
(c)
Holiday lights and signs which are incidental
and customary and commonly associated with any national, local or
religious holiday, not to be displayed for more than 60 days in one
year.
(d)
Informational/directional signs.
(e)
Nameplates.
(f)
Temporary interior signs.
(g)
Window signs covering 10% or less of the window
area.
(h)
Nonprofit organization directory signs.
C.
Application for a sign permit shall be made on a form
provided by the Building Inspector, which application shall include:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the sign
maker.
(3)
The location of the building, structure or land to
which or upon which the sign is to be erected.
(4)
A color photo of the building upon which the sign
is to be erected.
(5)
The size of the sign.
(6)
A description of the construction details of the sign,
showing the lettering and/or pictorial matter composing the sign,
position of lighting or other extraneous devices.
(7)
Sketches, drawn to scale, and supporting information
indicating the location of the sign, colors, size and types of lettering
or other graphic representation and materials to be used, electrical
or other mechanical equipment, details of its attachment and hanging.
Samples of materials should accompany the application where required
by the Building Inspector.
(8)
The written consent of the owner of the property upon
which such sign or signs is or are to be erected and maintained. In
addition, such sign application shall be accompanied by a fee as established
by the Town Board of the Town of Southold.
(9)
Such other pertinent information as the Building Inspector
may require to ensure compliance with this article.
D.
The Building Inspector shall review the proposed sign and can approve, deny or condition a permit based on the provisions of this Code. The Planning Board may approve signs which differ from the quantitative requirements set forth in this article in the site review process, provided that a finding is made that said sign or signs conform to the general design principles outlined in § 280-82 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in § 280-83 herein.
[Amended 11-29-1994 by L.L. No. 25-1994]
E.
If the sign does not comply with the provisions of
this Code, application for a variance may be made to the Zoning Board
of Appeals.
[Amended 11-29-1994 by L.L. No. 25-1994[2]]
[2]
Editor's Note: This local law also repealed
former Subsection F, regarding sign permit fees, which immediately
followed this subsection, and which was formerly repealed 7-13-1993
by L.L. No. 13-1993.
[Amended 11-29-1994 by L.L. No. 25-1994]
Decisions by sign applicants shall be guided
by the following general design principles:
A.
Signs should be a subordinate part of the streetscape.
B.
Signs should be as small as practicable.
C.
Signs should be as close to the ground as possible,
consistent with required safety and legibility considerations.
D.
A sign should have an appropriate size relationship
to the building upon which it is placed.
E.
Whenever feasible, multiple signs should be combined
into one sign to avoid clutter.
F.
A sign should not impair the visual effectiveness
of neighboring signs.
G.
Garish colors and materials should be avoided.
H.
Signs which have dark background colors and light
letters are preferred in order to minimize the apparent size of signs
within the streetscape.
I.
Generally, signs on the same building should be within
the same horizontal band and be of a similar height.
J.
Except in carefully designed circumstances, signs
should be integrated with fences, walls or buildings and not be freestanding.
K.
Sign material should be durable, requiring little
maintenance; use of material such as corrugated plastic, natural aluminum,
bulbous plastic letters, nontextured plastic and glass tile should
be avoided.
[Amended 11-29-1994 by L.L. No. 25-1994]
A.
Unless otherwise provided herein, nonaccessory signs,
billboards, off-premises signs and mobile signs shall be prohibited
in all districts.
B.
Flashing signs, including any sign or attraction device
on which the artificial light is not maintained stationary and constant
in intensity and color at all times when in use, are prohibited.
C.
Signs which compete for attention with or may be mistaken
for a traffic signal are prohibited. No sign shall be erected in such
a manner as to obstruct free and clear vision for drivers; interfere
with, mislead or confuse traffic; or be located where, by reason of
its position, shape or color, such sign may interfere with, obstruct
the view of or be confused with any authorized traffic sign, signal
or device by making use of the words "stop," "look" or any other word,
phrase, symbol or character or red, green or amber illumination or
reflection.
D.
Balloons or other gas-filled figures shall be prohibited.
E.
Permanent exterior signs made out of cardboard, paper,
canvas or similar impermanent material are prohibited.
F.
Signs or attraction devices with visible moving, revolving
or rotating parts, such as flags, banners or pennants, are prohibited.
G.
Except for holiday seasons or a period of 15 days
from the date of a grand opening, no sign or part thereof shall consist
of pennants, ribbons, streamers, spinners or other similar moving,
fluttering or revolving devices.
H.
Signs noting that a property has been sold are prohibited.
I.
No portable or temporary sign shall be placed on the front face of any building or upon any lot, except as provided in § 280-85G herein.
J.
No signs other than signs placed by agencies of the
government shall be erected on any public property, unless consent
is first obtained from the Building Department. No sign shall be placed
on any private property without the consent of the owner thereof.
No sign shall be placed or painted on any tree or rock. No sign shall
be placed on any utility pole except for utility identification or
similar purposes.
[Amended 11-29-1994 by L.L. No. 25-1994]
Information displayed on signs shall be limited
to the name, address, logo and nature of the business and products
available or activity for which the building or premises is used.
[Amended 11-29-1994 by L.L. No. 25-1994]
A.
Business center directory signs.
(1)
The term "directory sign" shall mean any sign containing
a list of names of business establishments located within a business
center. A "business center" means a site containing multiple business
uses sharing a common driveway.
(2)
Each business center shall be allowed on the premises
one freestanding directory sign in lieu of all other freestanding
or ground signs, to be used for the purposes of identifying the business
center and the various business establishments located within the
business center where the sign is set back 15 feet from the street
line. No brand name advertising of any sort shall be allowed on such
sign. Said sign shall not exceed 15 feet in height, measured from
the top of said sign to the mean level of the ground surrounding the
support of said sign. Each business establishment name shall occupy
no more than three square feet in total area with an additional allowance
of 20% of the total for the name of the business center. Said sign
shall comply with all other applicable provisions of this chapter.
(3)
A permit issued by the Building Inspector shall be
required for each business center directory sign erected or maintained
pursuant to this subsection. The application for said permit must
contain an accurate drawing of said directory sign as well as a survey
indicating the dimensions of said sign, its location and setbacks.
B.
Contractor signs. A contractor, tradesperson, architect
or building supplier may erect one name sign each on the site of construction
during the period of work. The sign area may not exceed three square
feet and may be attached to a stake in the ground located at least
15 feet from the street line. All contractor signs must be removed
prior to issuance of a certificate of occupancy for the construction.
C.
Farm, garden or nursery signs. Signs may be allowed
advertising only the sale of farm, garden, animal or nursery products
grown on Eastern Long Island and the name of the farm, garden or nursery.
D.
Freestanding signs. One freestanding sign is allowed
for each frontage, on a public street or way, subject to the following
requirements:
(1)
Freestanding signs are limited to either pole signs
with no guy wires or signs permanently affixed to a fence or other
wall separate from the principal building.
(2)
All freestanding signs shall be located within and
shall not overhang the property line.
(3)
The location and design of such signs shall not present
a hazard to pedestrian or vehicular traffic.
(4)
The sign may be single- or double-faced, and square
footage will be calculated based on one side.
(5)
The sign shall be set back not less than 15 feet from
the pavement or five feet from the sidewalk, whichever is greater.
Under no circumstances shall the sign be placed in the public right-of-way.
(6)
The sign shall advertise only business conducted on
the premises, which shall mean all contiguous property in common ownership.
(7)
The sign shall be not more than 24 square feet, the
upper edge of which may not extend more than 15 feet above the ground.
E.
Historic signs. A sign is an historic sign if it existed
prior to 1970 and has not been significantly altered since then. When
the historic nature of the sign has been established to the satisfaction
of the Building Inspector, he may allow the reconstruction, repair
and maintenance of historic signs for so long as the sign maintains
the original size, appearance and location.
F.
Informational/directional signs. Signs are allowed
which state open, closed, business hours, phone numbers and generic
directions to the facility, parking service and products. Informational/directional
signs shall be a maximum of three square feet in size.
G.
Nameplates. Nonilluminated nameplates containing only
names or professional signs containing only name and professional
designation may be allowed.
H.
Nonprofit organization directory signs. One directory
sign may be erected in each hamlet to identify nonprofit and civic
organizations within the hamlet, subject to the size and location
requirements of the business directory sign.
I.
Real estate signs. One sign shall be allowed to advertise
the sale or lease of real property. The sign may be either single-
or double-faced and not larger than six square feet in size. The sign
shall be located at least 15 feet from the public right-of-way. All
real estate signs must be removed immediately upon closing on the
lease or sale. This sign may be allowed in any zone.
J.
Roof signs.
(1)
Roof signs may be erected upon or against a roof of
a building but shall not extend above the ridge line of the roof.
A sign which is placed anywhere on a parapet other than the fascia
shall be a roof sign and may not extend above the top of the parapet.
(2)
The top of such sign shall not extend, at its closest
point, more than 12 inches from the surface of the roof. The vertical
center of the sign shall be mounted no higher than the midpoint of
the roof.
(3)
Such sign shall not exceed a size in square feet equivalent
to 1/2 times the length in feet of the structure.
(4)
A business may have either a roof sign or a wall sign,
but it may not have both a roof sign and a wall sign.
(5)
A roof sign may not be illuminated.
K.
Subdivision signs. A sign shall be allowed to advertise
the sale or lease of a subdivision of properties if the subdivision
has a public road frontage of 500 feet or more. The sign may be either
single- or double-faced and not larger than 24 square feet in size.
The sign shall be located at least 15 feet from the street line. Said
sign must be removed upon sale or lease of all properties within the
subdivision. This sign may be allowed in any zone.
L.
Temporary signs. The erection, installation or maintenance
of temporary signs, as defined herein, is hereby prohibited, except
as specified below:
(1)
A temporary sign announcing special events erected
by a municipal, charitable or nonprofit organization, which does not
exceed 24 square feet in area, is permitted for a period not to exceed
30 days.
(2)
Temporary interior signs announcing special sales
or events shall be permitted in the Hamlet Business and General Business
Districts. Such signs shall cover no more than 25% of the window area
to which they are affixed and shall be removed within 20 days.
(3)
If a business has a permitted freestanding or ground
sign, a temporary sign may be hung from the exterior of the building
or from the approved sign. The temporary sign shall not exceed six
square feet in area and shall not project more than two feet from
the building and shall not obstruct pedestrian traffic.
(4)
If a business does not have a permitted freestanding,
ground or businesses center sign, a business may erect a temporary
sandwich board or A-frame sign on the business premises if it does
not hinder public access, traffic or vision. The sign may not exceed
six square feet in area and shall be set back at least 15 feet from
all property lines. The sign shall be removed at the end of each business
day.
(5)
No more than one exterior temporary sign at a time
shall be allowed on a parcel of property. If there are multiple businesses
on the property, they shall make internal arrangements to share the
sign.
(6)
An external temporary sign may not be displayed for
more than 90 days in a one-year period.
M.
Tourist directional signs. Tourist-related businesses
(i.e., hotel, motel, marina, restaurant) which are located off Route
48 or 25 may have a generic eight-by-twenty-four-inch sign on one
of those roads.
N.
Wall signs. A wall sign or signs are allowed on the
building wall, subject to all of the following requirements:
(1)
It is attached to or incorporated in the wall and
does not project more than one foot from such wall.
(2)
It advertises only the business conducted in such
building.
(3)
It does not exceed one square foot in total area for
each horizontal foot of the business wall facing a street. If multistory
businesses are within the structure, they share one wall sign allotment
and shall allocate it among themselves.
(4)
It does not exceed in width 100% of the horizontal
linear feet of such wall.
(5)
It does not exceed three feet in height.
(6)
The sign shall not extend higher than the parapet
in the case of one-story buildings. In the case of buildings taller
than one story, such signs shall not extend above the bottom of the
sill of the windows of the second story nor extend or be placed more
than 15 feet above the outside grade.
(7)
No wall sign shall cover, wholly or partly, any wall
opening, including doors, fire escapes and windows, nor project beyond
the ends of the wall to which it is attached. All such signs must
be safely and adequately attached to said building wall by means satisfactory
to the Building Inspector.
(8)
A sign may be placed on a business canopy or awning
and shall be treated as a wall sign and is subject to the size restrictions
contained therein.
O.
Window signs. A "permanent window sign" means any
sign which is painted on the window or is made of materials other
than cardboard, paper or canvas. A permanent window sign or combination
of signs shall not cover more than 10% of the total glass area upon
which, or in which, it is affixed, displayed or painted. If the window
sign exceeds 10% of the window space, it shall be treated as a wall
sign and is subject to the size restrictions contained therein.
[Added 11-29-1994 by L.L. No. 25-1994]
A.
The following signs will be allowed in the residential
areas of the Town, which shall include all areas zoned A-C, R-40,
R-80, R-120, R-200, R-400, HD and AHD:
(1)
Not more than two nameplates not to exceed two square
feet in area.
(2)
One sign identifying the residential neighborhood
not more than 18 square feet in area, located not less than 15 feet
from the street.
(3)
If the appropriate circumstances exist, there may
be a real estate, subdivision, contractor or yard sale sign.
(4)
Such other signs as may be authorized as variances
by the Zoning Board of Appeals.
B.
The following additional sign shall be allowed in
the A-C zone: a farm, garden or nursery shall be allowed to have the
signage permitted in business areas.
C.
The following signs will be allowed in the business
areas of the Town, which shall include all areas zoned RR, RO, LB,
HB, B, MI, MII, LIO and LI:
D.
Marinas may have a separate wall sign for the wall
frontage facing the waterfront area they serve.
[Amended 11-29-1994 by L.L. No. 25-1994]
A.
Except as provided below, a sign may only be lit from
an external source. The sign must be shielded so that the source of
light is not visible from adjacent streets or properties and so that
the illumination is concentrated on the sign.
B.
Both neon and internally illuminated signs are prohibited,
except that freestanding, business center and wall signs in shopping
centers or in areas zoned Hamlet Business may be internally illuminated.
An existing sign which is capable of internal illumination may continue
in use in other zones if the lights are not turned on.
C.
Farm, garden or nursery signs may only be illuminated
during the hours of business operations.
D.
Wiring, raceways and appliances of a sign illuminated
by electricity from outside shall conform to the regulations of the
fire underwriters and shall bear the appropriate stamp signifying
such conformity.
[Amended 11-29-1994 by L.L. No. 25-1994; 7-31-2007 by L.L. No. 18-2007]
A.
The beneficiary of a sign and the owner of the premises
on which such sign is located shall be jointly liable to maintain
such sign, including its illumination sources, in a neat and orderly
condition and good working order at all times and to prevent the development
of any rust, corrosion, rotting or other deterioration in the physical
appearance or safety of such sign.
B.
If the Building Inspector determines that any sign
regulated herein is unsafe, damaged, deteriorated, is an immediate
peril to person or property, has been erected on property other than
private property or is in violation of the provisions of this chapter,
such sign may be removed and disposed of by the Town without prior
notice. Upon such removal, all costs and expenses incurred by the
Town for the removal of such sign shall be the responsibility of the
owner or beneficiary of such sign. The Town may pursue any and all
remedies available at law to recover any unpaid costs associated with
removal of any sign, including filing a statement with the Town Assessors
identifying the property in connection with which such expenses were
incurred and the owner thereof as shown on the latest assessment roll
of the Town. The Assessors, in the preparation of the next assessment
roll, shall assess such amount upon such property. Such amount shall
be included in the levy against such property, shall constitute a
lien and shall be collected and enforced in the same manner, by the
same proceedings, at the same time and under the same penalty as is
provided by law for the collection and enforcement of real property
taxes in the Town of Southold.
C.
At the discretion of the Building Inspector, a sign
may be stored by the Town and notice given by certified mail or personal
service to the owner and/or beneficiary of the sign. Such sign may
be redeemed by the owner or beneficiary upon payment of the removal
and storage costs. Any sign stored by the Town and not redeemed within
30 days of the date of mailing may be disposed of without additional
notice.
D.
The owner of property upon which a sign is located
or any person that erects, installs or maintains a sign in violation
of the provisions of this chapter shall be guilty of an offense punishable
by a fine not to exceed $500 per sign or imprisonment not to exceed
15 days, or both such fine and imprisonment.
[Added 11-29-1994 by L.L. No. 25-1994]
For a period of six months after adoption of
this article, a person may obtain a sign permit for a sign existing
prior to the date of adoption, which sign conforms to the provisions
of the newly adopted Code or the prior repealed Code. Thereafter,
a sign permit may only be issued for a sign which conforms to the
provisions of this Code.
[Added 11-29-1994 by L.L. No. 25-1994]
A.
Any sign which holds a permit under the prior repealed
Code but which does not conform to the provisions of this chapter
shall be deemed a nonconforming sign. A nonconforming sign may be
continued, without enlargement, reconstruction or relocation, until
it loses its nonconforming status through the occurrence of any of
these events:
(1)
The nonconforming use is damaged or deteriorated so
that the cost of repair or replacement exceeds 50% of the original
value of the sign.
(2)
The business which is served by the nonconforming
sign changes to a new use or service (e.g., retail to food).
(3)
The business which is served by the nonconforming
sign has been discontinued for a period of two years or more.
B.
When a sign loses its nonconforming status, it shall
be brought into compliance with this Code and obtain a new permit,
or it shall be removed.
