The Town of Pine Plain's ability to attract economic development
activity is accomplished in part by the enforcement of regulations
that maintain an attractive community and streetscape, of which signs
are a contributing element. A multiplicity of signs clutters the overall
appearance of the Town, detracts from its visual quality, and shall
be discouraged.
[Amended 5-21-2015 by L.L. No. 2-2015]
No permitted sign shall be erected without a sign permit issued
by the Zoning Enforcement Officer. The ZEO shall approve all sign
applications, except for signs which are accessory to a use requiring
special use permit approval from the Planning Board, which signs shall
be approved by the Planning Board. For purposes of this article, the
Planning Board and ZEO shall be referred to as the "reviewing agency."
A.
Information
to be submitted to the reviewing agency as part of the sign permit
application shall include:
(1)
A scale drawing of the sign showing type of sign;
(2)
Dimensions, advertising content, materials, method and style of illumination;
(3)
Method of structural support;
(4)
Colors;
(5)
Location on the land or building in relation to buildings, roadways,
driveways and sidewalks; and
(6)
The name of the sign owner and person responsible for maintenance
of the sign.
B.
The reviewing agency may accept a hand-drawn illustration of the
sign to convey the above information if deemed sufficient to make
the required determinations for approval.
These requirements shall apply to all zoning districts in the
Town of Pine Plains.
A.
Exempt signs. The following signs are exempt from the requirements
of this section:
(1)
Memorial or historical signs, names of buildings, and dates of erections
when cut or cast into any masonry, bronze, stainless steel or similar
permanent material.
(2)
Traffic control signs required for traffic control purposes shown
on an approved site plan or posted pursuant to the order of traffic
control agencies and conforming to the Manual on Uniform Traffic Control
Devices of the New York State Department of Transportation.
(3)
Signs required by duly constituted governmental bodies and their
agencies, where such signs are established in the interest of the
safety, convenience or welfare of the general public. The number and
location of such signs shall be as directed by the governmental agency
having jurisdiction; signs required to be maintained or posted by
law or governmental order, rule or regulation, unless specifically
prohibited, limited or restricted.
(4)
A farm produce sign not exceeding six square feet.
(5)
Temporary nonilluminated signs on the premises for up to one year
for the following purposes:
(a)
Real estate "For Sale" or "For Rent" signs not exceeding six
square feet and located on the front wall of the building or, if freestanding,
not nearer than 10 feet to any roadway edge or property line.
(b)
Signs which announce anticipated occupancy of a site or building
or identify the contractors, architects, engineers, etc. on a building
or site under construction not exceeding 20 square feet in area. Such
sign shall be a minimum of 10 feet from a roadway edge on the subject
property.
(6)
Temporary, nonilluminated off-premises directorial signs for the
convenience of the general public not exceeding two square feet in
area.
(7)
Temporary signs pertaining to and displayed during campaigns, drives,
or events of civic, philanthropic, educational or religious institutions,
provided such signs are erected not more than 30 days prior to the
event and are removed not later than one week after the event.
(8)
Temporary signs for tag or garage sales not exceeding four square
feet in area, provided such signs contain the name of the seller and
date of the sale, are displayed only seven days prior to the sale,
and are removed the day after the sale.
(9)
"No trespassing" signs.
(10)
Flags of the national, state, county or Town government and
banners and emblems or name and meeting place signs of civic, philanthropic,
educational or religious organizations or institutions.
B.
Prohibited signs. The following signs are prohibited:
(1)
Signs including or consisting of pennants, ribbons, streamers, spinners
or other moving, fluttering or revolving devices, except the same
are permitted during holiday seasons and grand openings as long as
they are not installed for a time period exceeding thirty (30) days
and are limited to one such sign per property.
[Amended 5-17-2017 by L.L. No. 1-2017]
(2)
Signs containing flashing lights.
(3)
Revolving, moving or animated signs.
(4)
Permanent signs erected on utility poles, trees or other natural
features.
(5)
Advertising signs or billboards.
(6)
Temporary, movable signs, except for holiday seasons, grand openings, and other special events, exceeding 60 days, except those allowed in accordance with Subsection C(2)(b).
(7)
Vending machines placed on sidewalks, parking areas, or other locations
exterior to a structure.
(8)
Signs with neon, mercury vapor, low- or high-pressure sodium and
metal halide lighting, or plastic panel rear-lighted signs, or internally
lighted signs.
C.
Permitted signs.
(1)
General standards. The reviewing agency shall consider the following
in issuing a sign permit:
[Amended 5-21-2015 by L.L. No. 2-2015]
(a)
Signs must be clearly accessory to the use or uses on the lot
on which they are located, and such signs and lighting must be shown
to be essential to the principal use upon the lot.
(b)
Signs shall be of such design and construction as to convey
information with clarity and without disruption to the visual character
of the community.
(c)
Signs should be a subordinate part of the streetscape. Signs
shall be architecturally compatible with the style, composition, colors,
materials, and details of the building and should reflect the visual
character of their surroundings.
(d)
The size and content of the sign shall be the minimum essential
for legibility and for the provision of information to patrons or
invitees seeking the particular use being identified. Signs should
convey a minimum of information in order to avoid clutter.
(e)
Whenever feasible, multiple signs should be combined into one
to avoid clutter.
(f)
No sign shall be located so as to project into the public right-of-way
or to be a hazard to traffic or pedestrians, to obstruct any door,
window, ventilating system or fire escape, or to cause any other hazard
to public safety.
(g)
No exterior sign shall be illuminated beyond two hours after
the close of business and in no event between the nighttime hours
of 12:00 midnight and 6:00 a.m. unless the premises on which it is
located is open for business.
(h)
A use located in a corner building is permitted to have one
sign for each lot frontage.
(i)
Businesses with service entrances may identify such entrances
with one sign that does not exceed four square feet.
(j)
The lowest point of any hanging sign in a pedestrian circulation
area shall be at least 7 1/2 feet above the ground.
(k)
Not more than two signs per use, including window signs, may
be displayed. Only one such sign shall be a freestanding sign.
(2)
Number of signs and type permitted.
(a)
In any zoning district, one freestanding sign, which may be
double-faced, shall be permitted along the lot frontage of a property
on a public street. Not more than one freestanding sign shall be permitted
for each principal building, regardless of the number of stores or
businesses located therein. Each business use located on a property
may have one additional building sign.
(b)
In addition to other allowed signs, one sandwich sign per business
use is allowed. The sandwich sign shall not exceed five square feet,
and shall consist of wood, chalkboard or finished metal, have handwritten
or painted letters, and must be located near the entrance to or in
front of the business it identifies. Such signs shall not interfere
with pedestrian circulation and must be removed at the close of business
each day.
(c)
H-MS and H-BUS Districts. Each principal building shall be permitted
one sign. Buildings that are over 5,000 square feet shall have a sign
no larger than 24 square feet. Buildings that are less than 5,000
square feet shall have signs no larger than 16 square feet. A principal
building with more than one tenant is permitted a multi-business directory
sign that is no larger than 24 square feet. Each individual business
in the multi-business building will be allowed one sign that is no
larger than four square feet to mark its individual entrance.
(d)
Special uses. Special uses may be regulated by additional sign requirements set forth in § 275-56 of this Zoning Law. Where the standards set forth in this Article X vary from the dimensional or locational standards for signs established in § 275-56, the provisions of § 275-56 shall govern. Signs for special uses shall comply with all other the regulations of this article.
(3)
Freestanding signs. Freestanding sign standards shall comply with
the following dimensional standards:
[Amended 5-21-2015 by L.L. No. 2-2015]
(a)
All signs shall be set back no less than 15 feet from the street
edge of pavement, except that this distance shall be increased to
ensure the sign is located outside any street right-of-way.
(b)
The maximum height for freestanding signs shall be 10 feet.
(c)
Signs shall be externally illuminated.
(d)
In the H-MS and H-BUS Zoning Districts, signs sized 16 square
feet shall have maximum six-inch main letters and signs sized 24 square
feet shall have maximum seven-inch main letters.
(e)
The Planning Board may require that a freestanding sign be placed
within a landscaped base.
(4)
Building signs. Building sign standards shall comply with the following
dimensional standards:
[Amended 5-21-2015 by L.L. No. 2-2015]
(a)
The maximum area shall be equal to the length of the building
front facade measured in feet multiplied by one foot, but in no case
shall the sign area exceed 10% of the building face area or 24 square
feet, whichever is smaller.
(b)
Signs shall not project above the highest point along the face
of the building.
(c)
Iconic signs, such as barber poles, eyeglasses, etc., which
are traditional in appearance and size should not extend more than
four feet from a building wall nor occupy a space of more than 15
square feet when viewed from any angle.
(d)
Signs shall not be mounted on roofs or extend above the roof
line unless they are mounted on the face parapet wall which extends
above the roof line, in which case they cannot extend above the top
of the parapet.
(e)
One sign not exceeding four square feet in area may be hung
under a roof overhang perpendicular to each storefront in a multi-tenant
building.
D.
Optional design standards. A sign may be increased in size if the
sign meets certain additional design standards set forth herein. The
reviewing agency shall make the final determination as to which design
standards listed below have been met. The size of a permitted sign
may be increased by the following percentages, not to exceed 20% of
the permitted sign size:
[Amended 5-21-2015 by L.L. No. 2-2015]
(1)
For any sign made of wood or wood-simulated materials: 5%.
(2)
For any sign designed to contain only the identification of a business
use without advertising products sold on the premises: 10%.
(3)
For any sign where only one sign shall identify the business use:
15%.
(4)
If the sign is not illuminated: 15%.
(5)
For a monument-type freestanding sign: 15%.
(6)
For a building sign that is integrated with the building and that
enhances the architecture and character of the building: 15%. This
will require a detailed scale drawing or photosimulation showing the
proposed sign on the building with accurate color and detail. This
bonus is available only in the hamlet districts.
E.
Planning Board waiver of sign regulations. Where a sign application does not meet the standards and requirements set forth above, an applicant may appear before the Planning Board, which may, in its discretion, grant a waiver of these sign regulations where it finds that the literal application of this article would substantially impair the visibility of a sign resulting from site characteristics unique to the property, e.g., exceptional topographic conditions, not created by the owner or applicant, on which the sign is to be located, or where the Planning Board determines that the waiver would have a beneficial effect on the architectural or historic character of a property. No waiver shall be detrimental to property owners in the vicinity, shall result in undue concentration of signs, shall be detrimental to public health and safety, or shall have the effect of nullifying the intent and purpose of this article or the Zoning Law. In allowing any waiver, the Planning Board may attach such conditions as are, in its judgment, necessary to secure the objectives of the standards or requirements so modified. The Planning Board is not authorized to waive the requirements establishing prohibited signs set forth in Subsection B of this section. Upon the Planning Board's approval of any waiver, the ZEO shall issue the sign permit.
[Amended 5-21-2015 by L.L. No. 2-2015]
Any sign made nonconforming by these regulations may be permitted
to continue; however, any change of use shall require the removal
of the nonconforming sign and installation of a sign that conforms
to these regulations.
A.
Violations. The installation of a sign not conforming to an approved
plan shall be deemed a violation of this chapter. No sign shall hereafter
be approved or sign permit issued except pursuant to the requirements
of this chapter. No permit shall be issued for any sign which does
not conform to an approved sign plan, subdivision plan or site plan.
(1)
The Zoning Enforcement Officer shall notify a property owner by written
notice of a sign which has been installed in contravention of sign
approval and any conditions which have been attached thereto. Said
notice shall be sent by certified mail to the owner of the sign.
(2)
The sign owner shall remove the sign or obtain sign approval immediately
in accordance with the procedures contained in these regulations.
If the owner of the nonconforming sign has not met the requirements
of the notice, the Zoning Enforcement Officer shall be authorized
to issue a violation against said owner.
B.
Sign removal. Any sign not in use shall be removed within six months
after cessation of the use. Any sign, including structural supports
or frame, now or hereafter existing, which no longer identifies a
use on the subject premises, or which is not being maintained, shall
be taken down and removed by the owner, agent or person having the
beneficial use of the building or structure upon which such sign is
found within 10 days after written notification from the Zoning Enforcement
Officer. Upon failure to comply with such notice within the time specified
in such order, the Zoning Enforcement Officer shall issue a violation
to said owner.
C.
Unsafe signs. Should a sign be or become insecure or in danger of
falling or otherwise unsafe in the opinion of the Zoning Enforcement
Officer, the owner thereof or person maintaining the same shall, upon
receipt of written notice from the Zoning Enforcement Officer and
in any case within five days thereafter, secure the same in a manner
to be approved by the Zoning Enforcement Officer. If such order is
not complied with, the Zoning Enforcement Officer is hereby authorized
to cause removal of the unsafe sign, and any expense incident thereto
shall be paid by the owner of the building, structure or premises
on which such sign is located. When any sign is in such dangerous
condition as to be immediately dangerous to the safety of the public,
the Zoning Enforcement Officer is hereby authorized to take such action
as in his opinion shall be necessary to protect the public or property.
The cost of the removal shall be borne by the owner of the property
on which such sign was erected and shall become a lien upon such property
until paid.
