The purpose of this article is to assure that
all signs within the Village of Sagaponack are compatible with its
unique character as described in its Comprehensive Plan and as more
particularly set forth below:
A.
To promote the use of signs which are aesthetically
pleasing and of appropriate design and scale so as to be compatible
with surrounding buildings and landscape.
B.
To balance public and private objectives by allowing
adequate signage for preexisting business identification.
C.
To provide for a reasonable amortization period for
all legally preexisting but noncompliant signage, as recommended by
the Comprehensive Plan.
D.
To reduce impacts associated with light pollution
and glare emanating from permitted illuminated signage.
The following terms as used in this article
shall have the following meanings:
A sign announcing the activities conducted or to be conducted
at the public or semipublic building to which it refers.
Any retractable or fixed shade-producing device made of flexible
fabric or similar material covering a rigid skeleton structure attached
to a building.
A sign that is painted or displayed on a sheet composed of
fabric, pliable plastic, paper or other nonrigid material, fastened
to the exterior of a building or exterior structure other than a flagpole,
but excluding any flag representing any federal, state or other governmental
entity.
A sign relating, in whole or in part, to a business, commodity,
service, entertainment or attraction sold, offered or existing at
a location other than the location where such sign is displayed.
An architectural projection comprised of a rigid structure
over which a covering is attached that provides weather protection,
identity or decoration and is supported at one end by the building
to which it is attached and at the outer end by not less than one
stanchion.
A freestanding sign describing construction or development
activity or identifying the entity performing such activity at the
site to which it refers.
The triangular area on a corner lot formed by measuring 50
feet from the intersection of both street side property lines or,
on an interior lot, formed by measuring 20 feet from the intersection
of its street side property line and the adjacent private street or
driveway.[1]
Structural or decorative elements or enhancements of a sign
representing significant architectural features of the associated
building or development, but excluding any symbols, logos or lettering
thereon.
A sign detached from any supporting element of a building
and consisting of a double- or single-sided sign face attached to
a single- or double-pole structure embedded in the ground or mounted
on its own self-supporting permanent structure or base. Freestanding
signs include both monument signs and pole signs, which are separately
defined below.
A neon window sign in existence since before January 1, 1981,
and not inconsistent with the character of the Village.
A sign illuminated either internally, where the source of
illumination is inside the sign or from light bulbs or light tubes
affixed or incorporated into the structure thereof, or externally
where the source of illumination is separate from the sign and reflected
off the surface thereof.
A roof whose pitch has a twelve-inch or greater vertical
projection for each six-inch horizontal projection.
A specific set of design standards established for the purpose
of unifying a variety of signs associated with a multi-use building
or complex of buildings. The design standards may include, but are
not limited to, letter and logo sizes, letter style, colors, texture,
lighting methods, sign type and architectural features.
A freestanding sign where the aggregate width of its supports
is equal to or greater than 40% of the width of the sign itself.[2]
The highest point of the natural grade of the ground at the
base of a freestanding sign or, in the case of a mansard sign, at
the base of the building to which such sign is affixed.
An illuminated sign consisting, in part, of a glass tube
filled with neon, argon, mercury or other gases caused to emit light
by the passage of an electric current and commonly bent into various
forms, or equivalent lighting method or fixture which has the same
appearance or effect as traditional neon.
A sign that no longer directs, advertises or identifies a
legal use, product or activity on the premises where such sign is
displayed.
A freestanding sign wholly supported by a single vertical
pole, gate or fence or similar structure embedded in the ground.
A nonilluminated sign designed to influence voters or to
express a political opinion.
A sign that directs attention to a resident's home, a home
occupation, a home professional office or other permitted nonresidential
use within a residential zoning district and which bears only the
name and profession or occupation of the resident.
A sign attached perpendicularly to a building or structure
that projects from and is supported by a wall of such building or
structure.
A pedestrian walkway fronting a public street.
A sign advertising the sale, exchange, lease or rental of
the real property on which it is located.
A sign that directs attention to a residential subdivision
which bears only the name of subject development and which is located
on the property.
A sign erected upon or above a roof or parapet of a building
or structure.
A portable sign capable of standing without support or attachment.
Any material, device or structure displaying, or intending
to display, one or more messages visually and used for the purpose
of bringing such messages to the attention of the public, but excluding
any lawful display of merchandise. The term "sign" shall also mean
and include any display of one or more of the following:
Any sign mounted on, attached to or incorporated into the
wall, mansard roof or parapet of a building or structure.
Any sign painted on or affixed to a window or glass door
of a building or placed in the interior of such building within four
feet from the inside surface of such window or door and visible from
the exterior of such building.
A.
New signs. No sign shall be installed or erected within the Village on or after the effective date of this chapter unless such sign and any subsequent modifications or alterations thereto comply with the provisions of this article, including the permit requirements set forth in § 245-28 hereof, and are submitted for review and approval by the Architectural and Historic Review Board in accordance with Article X of this chapter.
B.
Preexisting signs. Nonconforming signs lawfully preexisting
as of August 13, 2007, may remain provided no lot, any provision in
this chapter to the contrary notwithstanding, shall be improved with
or shall maintain more than one freestanding sign after December 31,
2012, and further provided no such lawfully preexisting nonconforming
signs may be reestablished if any such sign has been abandoned or
discontinued for a period of 90 days or more.
[Amended 12-17-2012 by L.L. No. 8-2012]
A.
Exempt signs. The following signs shall be exempt from the provisions of § 245-28A relating to permits and fees and any other provisions of this article inconsistent with the respective area and height allowances set forth below:
(1)
A street number sign plus up to two additional signs
not exceeding four square feet in area in aggregate incorporated in
a single pole or monument sign;
(2)
A flag of the United States not exceeding 60 square
feet in area;
(3)
Historical markers, memorial signs and plaques, names
of buildings and dates of erection, and emblems installed by governmental
agencies, so long as they do not exceed six square feet in area;
(4)
On-premises directional signs for the convenience
of the general public identifying parking areas, fire zones, entrances
and exits and not exceeding four square feet in area and six feet
in height;
(5)
Temporary private homeowner garage sale, open house
and yard sale signs on the homeowner's property to which they relate
not exceeding four square feet in area and displayed for no more than
seven consecutive days;
(6)
Political signs not exceeding two per lot or four
square feet in size each;
(7)
Interior signs, whether illuminated or not, intended
solely for internal consumption and not visible in any way from the
exterior of the building within which they are displayed;
B.
Prohibited signs. The following signs shall not be
permitted within the Village of Sagaponack:
(1)
Roof signs;
(2)
Neon or neon-type signs,
(3)
Billboards or any other off-premises signs, including
off-premises, real estate or other directional signs;
(4)
Outside streamers, spinners, inflatables or other
similar devices, including those in the shape of produce or other
products offered for sale;
(5)
Directional window signs or flag displays;
(6)
Balloons filled with gas, helium, air or other similar
matter;
(7)
Flashing or moving signs;
(8)
Projecting or blade signs; and
(9)
Temporary or permanent signs resting on, attached
to or inside any vehicles, buildings, fences, telephone poles or any
other structures or means of support or otherwise displayed in any
manner designed to circumvent the restrictions in this article.
For purposes of determining compliance with
the area and height requirements throughout this article, the following
shall apply:
A.
Area.
(1)
The area of a sign having copy mounted, affixed, or
painted on a panel or area distinctively painted, textured, or constructed
as a background for the sign copy shall mean that area contained within
the smallest geometric shape that will enclose both the sign copy
and such background.
(2)
The area of a sign having two faces shall not exceed
four square feet on either side.
B.
Height. The height of a freestanding sign shall mean
the distance from the natural grade to the topmost portion of the
higher of the pole or sign.
The general provisions set forth below shall
apply to all signs within the Village of Sagaponack.
A.
Wall signs.
(1)
The total area of any wall sign shall not exceed 24
square feet. No more than one wall sign shall be permitted on any
wall facing a public street frontage for each business operating within
the building containing such wall.
(2)
Wall signs shall not project more than one foot from
the walls on which they are mounted nor extend in any manner above
the facade or roofline of the building or structure containing such
wall.
B.
Freestanding signs, including pole and monument signs.
(1)
No freestanding sign, including pole and monument
signs, shall be permitted in the Village unless the entire building
to which it relates is set back from its front lot line a distance
of 40 feet or more. All such permitted signs shall be subject to the
setback requirements and the height and area restrictions of this
chapter.
(2)
Each freestanding sign permitted hereunder shall be
set back at least 20 feet from all property lines.
(3)
Only one freestanding sign shall be allowed for each
business.
(4)
No pole sign in the Village shall exceed a maximum
area of 16 square feet and a maximum height of eight feet to the top
of its pole.
(5)
Monument signs may have an area of up to 24 square
feet but shall not exceed six feet in height.
C.
Window signs.
(1)
No more than one sign per window or door shall be
permitted, provided that if there are more than two windows and/or
doors on any wall, no more than two such signs shall be permitted
on any such wall.
(2)
Window signs shall not be illuminated.
(3)
Window signs satisfying the above criteria are permitted in addition to any wall signs within the same building permitted under Subsection A of this section.
(4)
Temporary promotional or announcement signs placed
on the interior of a window may remain thereon for no more than 30
consecutive days.
D.
Parking signs. Signs displaying parking-related information
shall not exceed two square feet in area, except to the extent required
by the State Department of Transportation regulations.
E.
Real estate signs. Any property owner may display
anywhere on his property no more than one real estate sign, provided
that such sign shall not be illuminated; shall not exceed four square
feet in area and a height of four feet above natural grade; shall
not be placed in or interfere with any public or street right-of-way;
and shall not be placed on any other property. All such signs shall
be removed within 15 days after the property to which they relate
is no longer for sale, lease, rent or exchange.
F.
Construction signs. No more than one construction
sign shall be displayed at any construction site. Such sign shall
not be illuminated, shall not have an area of more than eight square
feet and may only identify, in addition to the contractor or developer
of such site, no more than two contractors or subcontractors thereon.
Any such sign shall not interfere with any public right-of-way and
shall be removed no later than 15 days after completion of the project
to which it relates, the issuance of a certificate of occupancy or
compliance, or nine months from the date of its installation, whichever
occurs first.
G.
Subdivision and site plan signs.
(1)
No sign shall be placed upon any property that is the subject of a subdivision or site plan application unless it is approved, and complies with the conditions imposed by either the Planning Board or the AHRB or its successor, as required in § 245-28A(2). Any such approval shall indicate:
(2)
Any identification or other signs erected on any such
property following the completion of such activity shall be subject
to Planning Board approval.
Signs displayed by legally existing businesses
shall be permitted in the Village, as follows:
A.
A residence may have no more than one professional
sign having a maximum area of two square feet.
B.
A public or semipublic building may have no more than
one announcement sign, having no more than 24 square feet in area,
on each public street frontage of its property.
C.
No more than one residential development identification
sign shall be permitted having a maximum of 12 square feet in area,
provided that it is set back at least 20 feet from the front property
line and at least 25 feet from all other property lines and is not
more than six feet above natural grade, and provided that it is in
compliance with the corner clearance requirements set forth herein.
Only those illuminated signs which meet the
following conditions, limitations and restrictions shall be permitted
in the Village.
A.
Exterior signs. Exterior signs may only be lit externally
and shall only be illuminated with steady, stationary, shielded white
light sources directed solely down onto such signs, which light sources
shall not be visible from the street right-of-way nor cause glare
hazardous to pedestrians or vehicular traffic nor create a nuisance
to adjacent properties. When one light fixture is used to illuminate
such sign, the total maximum wattage shall not exceed 60 watts. When
two or more light fixtures are used to illuminate such signs, spacing
between such fixtures shall not be less than four feet and the total
maximum wattage per fixture shall not exceed 60 watts.
B.
Display times. All permitted illuminated signs, whether
exterior or interior, shall be extinguished by 11:59 p.m. or when
the commercial use or activity to which they relate closes, whichever
is earlier.
C.
Building illumination. Although not an illuminated sign, the outlining by direct or indirect illumination of all or part of a building, such as a gable, roof, window, wall, side or corner, shall, consistent with the purposes and intent of this article, be prohibited, except lighting consistent with the Chapter 119, Lighting, of the Village Code.
A.
General permits.
(1)
Except for exempt signs and those signs being amortized
pursuant to this chapter, applications for sign permits shall be made
to, and upon forms provided by, the Building Inspector and shall include
plans, specifications, drawings and such other information as such
the Building Inspector may require (the "application"). The Building
Inspector shall determine whether such proposed sign complies with
all requirements of this article and all other applicable laws and
regulations of the Village before authorizing issuance of a sign permit.
Each permit issued shall be assigned a permit number that shall be
prominently, legibly and permanently displayed on the lower right-hand
corner on the face of such sign.
B.
Administrative permits.
(1)
To encourage appropriate and compatible signage throughout
the Village, any sign meeting all other provisions of the Village
Code and all of the following design criteria, in the opinion of the
Building Inspector, shall receive a permit from said Building Inspector
within 15 days of his receipt of a complete application seeking such
expedited relief:
(a)
Color: maximum of three colors, one for background,
a contrasting color for lettering, and a third color for borders,
motifs, or letter shading to give the sign a three-dimensional look.
Colors shall be muted and earthtone with a matte finish.
(b)
Message: content shall be limited to the name
and type of business, street number or address, and telephone number.
(c)
Scale: in scale with the building to which it
relates and not covering any architectural details, such as arches,
transom windows, moldings, columns, capitals, sills, cornices and
the like.
(d)
Materials: wood that is either hand carved,
sandblasted, flat painted, or any combination thereof.
(e)
Illumination: only external direct illumination
from a shielded, low-intensity, white light source, not to exceed
60 watts per fixture. When two or more light fixtures are used to
illuminate a sign, spacing between such fixtures shall not be less
than four feet.
C.
Fees. The Village Board of Trustees shall from time to time, by resolution, determine the schedule of fees for sign permits, provided that if an applicant is seeking to replace a nonconforming sign with a conforming sign and proceeds diligently to do so, such fee shall be waived. Additionally, no fee shall be required with respect to the application requesting an amortization date referred to in § 245-22B.
D.
Violations.
(1)
Any violation of this article or of any condition
or requirement of the Building Inspector established pursuant hereto
may be restrained, corrected or abated, as the case may be, by injunction
or other appropriate proceedings pursuant to state law and/or the
Village Code. Furthermore, the remedies of the Village shall include,
but not be limited to:
(a)
Issuing a stop-work order for any and all work
on any sign;
(b)
Seeking an injunction or other order of restraint
or abatement requiring the removal of the sign or the correction or
repair of the nonconformity or hazard;
(c)
Imposing any penalties available under the Village
Code;
(d)
Seeking, in court, the imposition of any penalties
that may be imposed under the Zoning Code; and
(e)
In the case of a sign that poses an immediate
danger to the public health or safety, taking such immediate measures
as are available to the Village under the applicable provisions of
the Village Code and/or Building Code.
(2)
In nonemergency matters, the Building Inspector shall
cause a notice of such violation to be served on the owner of the
building, structure, or lot where said sign is located or the lessee
or tenant thereof, requiring such owner, lessee or tenant to remove
such illegal sign or take other appropriate action within 20 days
of receipt of such notice. Such notice may be served personally or
by certified mail, return receipt requested, to either the property
address where the sign is located or a known address of any such individual.
A.
Maintenance. All signs within the Village shall be
properly maintained. Such maintenance shall include periodic cleaning,
replacement of flickering, burned out or broken light bulbs or fixtures,
repair or replacement of any faded, peeled, cracked, or otherwise
damaged or broken parts, and any other activity needed to conform
a sign to the provisions of this article and to the provisions of
any permit relating thereto. Likewise, the areas surrounding all freestanding
signs shall be properly maintained, including the removal of all rubbish,
debris and graffiti, and, if landscaped, free of weeds and otherwise
properly maintained.
B.
Inspections. Every sign existing within the Village, including those signs for which a sign permit has been issued, may be inspected for compliance with the provisions of this article, proper maintenance, freedom from any hazardous conditions and structural soundness. If any such sign is found to be noncompliant, inadequately maintained, hazardous or unsafe, the Building Inspector shall revoke the sign permit until such time as corrective action has been taken and/or may proceed pursuant to the provisions of § 245-28D.
C.
Restoration. Upon replacement or removal of any sign
and structure, the area of the sign, structure and all adjoining areas
shall be restored to match the existing surrounding conditions.
A.
Rights-of-way. No sign other than a sign erected by
a governmental agency shall be erected or placed within the right-of-way
lines of a public street, and the Village may remove any such sign
without notice to the owner.
B.
Sign supports. No lettering shall be permitted on
any sign supports.
C.
Historical buildings. Notwithstanding anything within
this article to the contrary, no sign shall be located so as to detract
from or obstruct historical buildings from public view.
D.
Wind loads. All signs shall meet the standards of
§ 1609 of the Building Code of the state, titled "Wind Loads."
E.
Variances. All requests for variances from the requirements
of this article shall be made to the ZBA.
F.
Village signs. Nothing contained in this article shall
be construed to prohibit, limit or restrict the Village of Sagaponack
from erecting and maintaining any signs deemed by it to be in the
public interest.
G.
Obsolete signs. Obsolete signs and their supporting
structures shall be removed within 60 days after the use or activity
they identify has ceased or the property on which they are located
has become vacant.
The following design guidelines shall be used
by the Planning Board and the AHRB in their review of signs:
A.
Sign types. The choice of sign type shall depend upon
the surroundings and attention desired. Freestanding signs are to
be used in situations where there is a large setback from the street
or where there are several uses in one building or complex. Wall signs
are to be used where the attention of people in slow-moving cars or
pedestrians is desired.
B.
Simplicity. Signs are to be simple, utilizing bold,
easily recognized symbols and clear, crisp lettering which will identify
a business or activity efficiently and attractively and complement
the general appearance of the street and Village.
[Amended 1-14-2008 by L.L. No. 2-2008]
C.
Color. Restraint should be exercised when selecting
colors. On most signs, no more than three colors should be used: one
for background, a contrasting color for the lettering, and a third
color perhaps for emphasis (such as for borders, motifs, or shading
lettering to give it a three-dimensional look). In selecting the principal
colors for a sign, colors which are in harmony with the general tone
of the building should be chosen. The use of neon or day-glow-type
colors is prohibited. The use of colors that are muted (i.e., saturated
with white and/or gray to soften the color) and earth tone (i.e.,
beige, tan, brown, gray, forest green or burgundy) with a matte finish
is strongly encouraged.
D.
Size. The size of the sign should be kept in scale
with the viewer's location and speed and with the building, never
covering architectural details (such as arches, transom windows, moldings,
columns, capitals, sills, cornices, etc.).
E.
Materials. Sign materials should be consistent with
and complement the original construction materials and architectural
style of the building on which they are to be displayed. For this
reason, materials such as wood and metal are preferred to glossy plastic.
Internally lit plastic signs, neon signs and other similarly lighted
signs are prohibited.
F.
Lettering. Lettering styles should complement the
style and period of the building on which they appear. Traditional
block and curvilinear styles, which are easy to read, are preferred.
No more than two different types of style should be used on the same
sign, to avoid a cluttered appearance.
G.
Illumination. To conserve energy and reduce light
pollution, signs shall not be illuminated unless the premises is open
for business. The type of lighting that is most appropriate to the
historical character of the Village is direct illumination from a
shielded, low-intensity light source. Neon, plastic and internally
lit "box" signs are not appropriate in the Village.
