[Added 10-26-2004 by L.L. No. 35-2004]
[1]
Editor's Note: Former Article XXII, Quasi-Public
Service Use District (QPSUD), added 12-22-1992 by L.L. No. 54-1992,
as amended, was repealed 11-13-2001 by L.L. No. 49-2001.
This article has been adopted to assure that
all signs within the Town of Southampton are compatible with its unique
character, charm, environment, storied history and climate.
A.
Purpose. The purpose of this article is to promote
the public health, safety and welfare through a comprehensive system
of reasonable, effective, consistent, content-neutral, and nondiscriminatory
sign standards and requirements, as more particularly set forth below:
(1)
To preserve and protect the public health, safety
and welfare of the citizens of the Town of Southampton;
(2)
To promote the use of signs which are aesthetically
pleasing, of appropriate scale, and integrated with surrounding buildings
and landscape, in order to meet the community's expressed desire for
quality development;
(3)
To promote and accomplish the goals, policies and
objectives of the Southampton 1999 Comprehensive Plan Update (the
"Update"). The Update calls for the Town to adjust its sign ordinance
to reflect the different design issues posed by different business
areas. This article regulates standards for signage depending on the
zoning district in which they are located. Signage in hamlet and village
centers, whose businesses generally rely on foot traffic from shoppers
going from store to store, should reinforce the historic and pedestrian
character of these centers. Highway Business Districts generally require
signage that stands out and is readable for travelers driving by at
relatively fast speeds. The Update recommends that while signs should
be regulated with regard to size and lighting, the number of signs
should be curtailed and such curtailment strictly enforced so as to
avoid escalating clutter. Additionally, the Update recommends discrete
signage in the Hamlet Office and Hamlet Commercial Districts, as these
areas are intended to maintain a residential image;
(4)
To balance public and private objectives by allowing
adequate signage for business identification;
(5)
To promote the free flow of traffic and protect pedestrians
and motorists from injury and property damage resulting from cluttered,
distracting, and/or illegible signage. Studies have shown that outside
distractions may lead to traffic accidents. A recent study concluded
that outside persons, objects and events account for 29.4% of all
accidents, while eating, drinking and cell phone use only account
for a total of 3.2% of all accidents. Stutts, J., Renfort, D., Staplin,
L., Rodgman, E., The Role of Driver Distraction in Traffic
Crashes (2001);
(6)
To prevent property damage and personal injury from
signs which are improperly constructed or poorly maintained;
(7)
To protect property values, the local economy, and
the quality of life by preserving and enhancing the appearance of
the streetscape, which affects the image of the Town of Southampton;
(8)
To provide for a reasonable amortization period for
all legally preexisting but noncompliant signage, as recommended by
the Update;
(9)
To establish specific signage standards for scenic
corridors to ensure that the number, height, material, lighting, and
size of the signage is not detrimental to the visual quality of such
corridors, as also recommended by the Update. Because exterior neon
or similar gas-filled tubes may divert the attention of drivers and
create a safety hazard, especially along highway corridors in the
Town where signs are permitted to be larger, and because such signs
negatively affect aesthetic and quality of life issues and can dramatically
alter the character of neighborhoods, they would no longer be permitted.
However, certain interior neon signs and other types of illumination
could continue; and
(10)
To reduce impacts associated with light pollution
and glare emanating from permitted illuminated signage.
B.
Intent. It is the intent of this article to:
(1)
Provide functional flexibility, encourage variety,
and create an incentive to inculcate basic principles of good design
with respect to signage within the Town of Southampton;
(2)
Assure that public benefits derived from expenditures
of public funds for the improvement and beautification of streets,
and other public structures and spaces, are protected by exercising
reasonable controls over the character and design of sign structures;
(3)
Provide an improved visual environment for the citizens
of, and visitors to, the Town of Southampton, and protect prominent
view sheds within the community; and
(4)
Provide cost recovery measures supporting the administration
and enforcement of this article.
[Amended 1-10-2006 by L.L. No. 1-2006]
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, all as illustrated below.
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 at least January 1,
1981, and not inconsistent with the character of the community in
which it is located.
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, as
illustrated below.
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 gasses 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 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, including
a pedestrian walkway within a private shopping mall whose retail shops
are primarily served by said walkway.
A sign advertising the sale, exchange, lease or rental of
the real property on which it is located.
A dual-pole freestanding sign that directs attention to a
residential subdivision or multiunit residential development, which
bears only the name of the subject development and which is located
on the property.
[Amended 10-10-2006 by L.L. No. 53-2006]
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:
A temporary business sign shall be limited to four square
feet in area, white nonreflective background with black block lettering,
stating the name of the business and/or telephone number only.
[Added 8-24-2010 by L.L. No. 25-2010]
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.
[Amended 1-10-2006 by L.L. No. 1-2006]
A.
New signs. No sign shall be installed or erected within the Town of Southampton on or after the effective date unless such sign and any subsequent modifications or alterations thereto comply with the provisions of this article, including the permit requirements set forth in § 330-208 hereof.
B.
Preexisting signs, amortization. No sign, whenever erected, existing within the Town of Southampton prior to the effective date, shall continue to exist after June 1, 2007 (the "amortization date"), unless it is brought into compliance with the requirements of this article prior thereto; provided, however, that the owner of any sign in compliance with the Southampton Town Code prior to the effective date shall have until January 1, 2021 (the "extended amortization date"), to remove any such sign if, prior to the amortization date, such owner submits an application to the Building Department requesting the extended amortization date, together with, for any such sign existing prior to May 22, 1972, a valid sign permit or a certificate of compliance or three affidavits evidencing such existence, all in accordance with procedures hereafter established by said Department. Any modifications or alterations to any such lawfully preexisting, nonconforming sign prior to the extended amortization date shall subject such sign to all the requirements of this article, except that any change in the business name on any such sign, provided that the business conducted at such existing property has not changed, need not conform to the provisions of this article so long as (i) the sign size or nonconformity is not increased, (ii) if the sign is illuminated, it is brought into compliance with all the requirements of § 330-207, and (iii) the applicant receives a permit for such changes pursuant to the provisions of § 330-208A. Signs that are not lawfully preexisting (i.e., signs erected or changed without the benefit of a valid permit, Planning Board approval or a variance) are not entitled to the benefits of such extended amortization and must be brought into compliance with all the provisions of this article prior to the amortization date. No such lawfully preexisting, nonconforming sign may be reestablished after it has been abandoned or discontinued for a period of 90 days or more.
[Amended 8-8-2006 by L.L. No. 45-2006; 8-9-2011 by L.L. No.
29-2011; 5-26-2015 by L.L. No. 18-2015; 3-28-2017 by L.L. No.
2-2017; 7-9-2019 by L.L. No. 18-2019]
[Amended 1-10-2006 by L.L. No. 1-2006]
A.
Exempt signs. The following signs, whether existing prior to the effective date or thereafter installed or erected, shall be exempt from the provisions of § 330-208A through C related to permits and fees; any other provisions of this article inconsistent with the respective area and height allowances set forth below; and the amortization requirements set forth in § 330-202B.
[Amended 10-24-2006 by L.L. No. 55-2006]
(1)
A residence nameplate or street number sign not exceeding
two square feet in area, up to two property management information
signs (e.g., security warnings, delivery information), each not exceeding
one square foot in area and a "beware" or "caution" sign not exceeding
four square feet in area, in each case accessory to a one- or two-family
residential building;
(2)
Nonilluminated "open," "closed," "vacancy," or "no
vacancy" signs not exceeding four square feet in area, and nonilluminated
"warning," "private drive," "posted," or "no trespassing" signs not
exceeding two square feet in area;
(3)
Flags of the United States;
(4)
Flags of any other political, civic, philanthropic,
educational or religious organization, provided no more than two such
flags are displayed from a single commercial location, that no such
flag there exceeds 60 square feet in area, and provided they are displayed
from no more than one flagpole at a single location. In no event shall
any flag exempted hereunder be located on or displayed from the top
or roof of any building or structure;
(5)
Historical Markers, memorial signs and plaques, names
of buildings and dates of erection, and emblems installed by governmental
agencies, so long as they not exceed six square feet in area;
(6)
On-premises directional signs for the convenience
of the general public identifying parking areas, fire zones, entrances
and exists and not exceeding four square feet in area and six feet
in height;
(7)
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;
(8)
At gasoline and service stations, integral graphics
or attached price signs, on gasoline pumps and auxiliary service signs
(e.g., air, water, restrooms, state inspections) not exceeding two
square feet and any other signs required to be posted pursuant to
federal or state law;
(9)
Political signs;
(10)
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;
(11)
Historic neon signs, provided no modifications
or alterations are made thereto after the effective date;
B.
Prohibited signs. The following signs shall not be
permitted within the Town of Southampton:
(1)
Roof signs;
(3)
Billboards or any other off-premises signs, including
off-premises, real estate or other directional signs;
(4)
Outside banners, pennants, ribbons, flags, except
those exempt under A(3) above, streamers, spinners, inflatables or
other similar devices, including those in the shape of produce or
other products offered for sale;
(5)
Sandwich boards;
(6)
Directional window signs or flag displays;
(7)
Balloons filled with gas, helium, air or other similar
matter;
(8)
Flashing or moving signs, except those providing only
time or temperature information;
(9)
Projecting or blade signs;
(10)
Except those exempt under § 330-203A(3) above, 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;
[Amended 3-8-2016 by L.L.
No. 5-2016]
(11)
Any of the signs referred to in Subsection A above which exceed the number, size or other limitations set forth therein;
(12)
Pole signs, except as permitted under § 330-205B(4) and § 330-205E; and
(13)
Blank signs.
For purposes of determining compliance with
the area and height requirements throughout this article, the following
shall apply:
A.
Area.
(1) .tif.SM.png)
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, as illustrated below.
.tif.png)
(2) .tif.SM.png)
The area of a sign having copy mounted as individual
letters or graphics against a wall or fascia of a building or surface
of another structure that has not been painted, textured, or otherwise
altered to provide a distinctive background for the sign copy shall
mean the sum of the areas of the smallest geometric shape(s) that
will enclose each word and each graphic in the total sign, as illustrated
below.
.tif.png)
(3) .tif.SM.png)
The area of a sign having two faces shall mean the
area of the largest face if the interior angle between them is 30°
or less, or the sum of the area of the two faces if such angle is
greater than 30°, as illustrated below.
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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, excluding any embellishments permitted in § 330-205B(1), as illustrated below.
[Amended 1-10-2006 by L.L. No. 1-2006]
The general provisions set forth below shall
apply to all signs within the Town of Southampton.
A.
Wall signs.
(1)
The total area of any one or more wall signs, including
any awning sign or canopy sign attached thereto, shall not exceed
1 1/2 square feet for each horizontal foot of the wall on which they
are mounted, and the total width of all such signs shall not exceed
75% of the width of such wall, provided that 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.
(3)
Where no walls of a building or structure facing a
public street frontage exist to reasonably accommodate a wall sign,
a sign painted on, incorporated into or affixed to a mansard roof
or parapet of such building shall be permitted, provided it complies
with the following:
(a)
The vertical midpoint of the sign shall be no
higher than the vertical midpoint of the mansard roof or parapet so
that the sign does not project above the roof peak or break the silhouette
of the building.
(b)
The top of the sign shall be no higher than
20 feet above the natural grade.
(c)
No part of such sign shall project from such
mansard roof or parapet a distance greater than 24 inches, and all
structural supports, including any angle irons, guy wires or braces,
shall appear to be an integral part of the roof or roof sign and enclosed
or otherwise hidden from view.
(d)
The area of any such sign shall not exceed 75%
of the width of such roof or parapet.
(e)
Combination canopy and wall signs are permitted
so long as the sign is for a single business and the canopy sign is
limited to the smallest geometric shape that will enclose both the
wall sign copy, background, and all canopy signage.
B.
Freestanding signs, including pole and monument signs.
(1) .tif.SM.png)
No freestanding sign, including pole and monument signs, shall be permitted in the Town of Southampton unless the entire building to which it relates is set back from its front line a distance of 40 feet or more. All such permitted signs shall be subject to the setback requirements in Subsection B(2) below and, with respect to dual-pole freestanding signs only, the height and area restriction of the zoning districts in which they are located as set forth in § 330-206, except for any embellishments up to a maximum of 6 inches on any side, as illustrated below. Further, all such signs shall have no less than two feet of clear space, except for any necessary supports, between the ground level or any planter thereunder and the bottom of the sign. Residential development identification signs shall be limited to the dual-pole freestanding type and shall be regulated by § 330-206G.
[Amended 10-10-2006 by L.L. No. 53-2006]
.tif.png)
(2)
Each freestanding sign permitted hereunder shall be
set back at least 20 feet from all property lines unless the average
front yard setback of existing buildings located within 200 feet on
either side of such sign is less than 10 feet, in which case the setback
of such sign may be equal to the average setback of such adjacent
buildings, provided that, in no event, shall any such sign be allowed
within corner clearances.
(3)
Only one freestanding sign shall be allowed for each lot. In the case of multiple businesses or buildings on a lot, such sign may state the name of the business complex and/or the names of the individual businesses and, if such lot has five or more businesses located on it, such sign may exceed the area limitations in § 330-206, but in no event shall exceed 40 square feet.
[Amended 5-8-2007 by L.L. No. 22-2007]
(4) .tif.SM.png)
Notwithstanding anything to the contrary in this article, no pole sign shall be permitted in the Town of Southampton unless it is constructed of wood or metal and contains a horizontal decorative sign support and a suspended sign, as illustrated below, and does not exceed a maximum area of 16 square feet and a maximum height of eight feet to the top of its pole. The required setback for any such permitted pole sign, as set forth in Subsection B(2) above, shall be measured from the base of the pole.
.tif.png)
(5)
Monument signs may have an area of up to 32 square
feet but shall not exceed six feet in height, except that any embellishments
thereon extending up to 12 inches on any side shall not be considered
in determining compliance with such size limitations.
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)
Except as provided in Subsection C(5) below, the area of a window sign shall not exceed 25% of the area of the window to which it is affixed, or 10% of the glass coverage area of door to which it is painted or affixed. A sign exceeding these dimensions shall be considered a wall sign and shall comply with the standards for such signs in Subsection A above.
(4)
Window signs satisfying the above criteria are permitted in addition to any wall signs within the same building permitted under Subsection A above.
(5)
The area of a temporary promotional or announcement
signs placed on the interior of a window may exceed 25% but not more
than 50% of the area of such window, provided it remains 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 New York 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 in residential districts and eight square feet and a height of six feet above natural grade in area in nonresidential districts; shall not be placed in or interfere with any public or street right-of-way; and shall not be placed on any other property. Any real estate signs in shopping or related centers shall only be displayed within the tenant space window and/or in the tenant panel space of any freestanding sign described in Subsection B(3) above. 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. Further, one single-pole freestanding real estate sign shall be permitted on a residential property for sale so long as the sign has a maximum area of two square feet, is located completely within the parcel's property lines, and shall not be more than six feet above natural grade to the top of the pole.
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 Architectural Review Board or its successor, as required in § 330-208A(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.
H.
Awnings/canopies. Signs painted on or in the form of an awning or canopy shall be permitted for business use only, provided they are, in the case of awnings, not located above the first floor of the building to which they are attached or, in the case of canopies, at the street or parking lot entrance thereof and do not interfere with pedestrian traffic. Further, any identification and lettering on such awnings or canopies shall be limited to the edge of the awning or canopy bib and shall be no more than six inches in height. Lastly, the vertical clearance from the public right-of-way to the lowest part of the awning or canopy, including the valance, shall be a minimum of seven feet and shall be in conformance with Part 3202.2.3 of the Building Code of the State of New York, and the area of the awning or canopy sign shall be included in the total area allowed for a wall sign under § 330-205A.
I.
Temporary
business signs. No more than one temporary business sign may be located
on a parcel for each business entity and related business use legally
permitted and for which a certificate of commercial compliance, building
permit, and a sign permit have been applied for. A temporary business
sign shall be removed immediately upon the erection of a permanent
business sign permitted under an approved sign permit, or 90 days
from the date the temporary business sign was applied for, whichever
occurs first.
[Added 8-24-2010 by L.L. No. 25-2010]
(1)
Each
temporary business sign shall prominently display on the lower right-hand
corner on the face of such sign the sign permit application number,
which shall be 3/4 inch in height and shall be legible and clearly
visible.
(2)
The
temporary sign shall be no higher than four feet above grade unless
affixed to a legally existing sign. Temporary business signs shall
not be illuminated unless the sign is mounted to a legally existing
sign with illumination.
(3)
Temporary
business signs shall be set back 20 feet from the property line or
the legally permitted setback, whichever is less.
[Amended 1-10-2006 by L.L. No. 1-2006]
The following limitations shall apply to signs
in the zoning districts indicated below. As used below, freestanding
signs shall mean only dual-pole signs.
A.
Village Business: Freestanding signs shall not exceed 26 square feet in total area nor 10 feet in height; provided that if any such sign is set back less than the required 20 feet, as provided in § 330-205B(2), its maximum height shall not exceed eight feet. In all events, all such signs shall be made only of wood or wood-appearing material.
B.
Highway Business: Freestanding signs shall not exceed
32 square feet in area nor 12 feet in height, provided that any such
sign may exceed 12 feet in height by one foot for every five feet
it exceeds its setback requirement, but in no case shall such height
exceed 16 feet.
C.
Office: Freestanding signs shall not exceed 32 square feet in area nor 10 feet in height, or eight feet in height if such sign is set back less than the required 20 feet, as provided in § 330-205B(2).
D.
Hamlet Office and Hamlet Commercial: Freestanding
signs shall not exceed 20 square feet in area nor six feet in height.
Wall signs shall not exceed 0.5 square foot in area for each horizontal
foot of the wall on which it is mounted, nor exceed, in width, 30%
of the horizontal measurement of such wall. All such signs shall be
made only of wood or wood-appearing material.
E.
Shopping Center Business and Light Industrial: Freestanding
signs shall not exceed 32 square feet in area nor 12 feet in height.
F.
Motel and Resort Waterfront Business: Freestanding signs shall not exceed 32 square feet in area nor 10 feet in height. Such signs shall also comply with the setback requirements of Chapter 325, Wetlands, of the Southampton Town Code.
G.
Residential: Except for those exempt signs set forth in § 330-203A(1), and (3), those real estate signs permitted under § 330-205E and those signs displayed by legally existing businesses or industrial uses in residential districts, which shall be regulated hereunder as if such uses were located in a Hamlet Office or Hamlet Commercial District, only professional signs, residential development identification signs or announcement signs shall be permitted in a residential district, as follows:
[Amended 10-10-2006 by L.L. No. 53-2006; 10-24-2006 by L.L. No. 55-2006]
(1)
A residence may have no more than one professional
sign having a maximum area of two square feet and located either on
the wall of such residence, in which case it shall not be more than
six feet above natural grade, or in the front yard thereof, in which
case it shall not be more than three feet above natural grade, provided
that, in all cases, it is set back at least 10 feet from all property
lines.
(2)
A a) place of worship or b) school, club or other
public or semi-public building may have no more than one announcement
sign, having, with respect to a) above, no more than 18 square feet
in area or, with respect to b) above, no more than six square feet
in area on each public street frontage of its property, either located
on the building wall or in the front yard, 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. Each such entity may also have no more than one sign,
announcing a special event, having no more than 32 square feet in
area on each public street frontage of its property and located in
the front yard, for a period not to exceed 30 consecutive days, provided
it meets the above setback requirements. There shall be no permit
fee for any such temporary sign.
(3)
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.
[Amended 1-10-2006 by L.L. No. 1-2006]
Only those illuminated signs which are exempt under § 330-203A(9) (interior signs not visible from the street) or which meet the following conditions, limitations and restrictions and are not prohibited under § 330-203B (neon and neon-type signs) shall be permitted in the Town of Southampton.
A.
Exterior signs. Exterior signs (i.e., signs that are
either freestanding or attached to the exterior of any building or
structure, excluding window signs), if lit externally, 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 or create a nuisance to adjacent
properties ("approved light sources"). 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.
If lit internally, such exterior signs shall only be constructed with
an opaque background, translucent letters and symbols and white light
sources, and shall only be allowed in Highway Business Zoning Districts.
B.
Interior signs. Interior signs (i.e., signs inside
any building or structure and visible from the street, including window
signs), if lit externally, shall only be illuminated with approved
light sources. If lit internally, such interior signs shall only be
allowed in Highway Business Zoning Districts, shall not exceed 10
square feet in area per business establishment and shall only be illuminated
with shielded white light sources attached thereto, or, in only this
limited instance, neon, and having an intensity not exceeding 60 watts
or its equivalent; provided that if any such interior signs are window
signs, only one such window sign for each public street or parking
lot having an area of no more than four square feet shall be permitted
per business establishment, which sign shall not be considered in
determining compliance with the above ten-square-foot-area limitation.
C.
Display times. All permitted illuminated signs, whether
exterior or interior, shall be extinguished by 11:00 p.m. or when
the commercial use or activity to which they relate closes, whichever
is later.
D.
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 during the winter holiday season.
E.
National Electrical Code. Notwithstanding anything
within this article to the contrary, all illuminated signs permitted
hereunder shall conform to the requirements of the National Electrical
Code, as defined by the Uniform Fire Prevention and Building Code
of the State of New York.
[Amended 1-10-2006 by L.L. No. 1-2006]
A.
General permits.
(1)
Except for exempt signs under § 330-203 and those signs being amortized pursuant to the provisions of § 330-202B and not thereafter modified or altered, permits shall be required for all signs in the Town of Southampton. Applications for sign permits shall be made to, and upon forms provided by, the Building Department and shall include plans, specifications, drawings and such other information as such Department 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 Town of Southampton before authorizing issuance of a sign permit. Each permit issued shall be assigned a permit number that shall be prominently and permanently displayed on the lower right-hand corner on the face of such sign. Each such permit number shall be 3/4 inch in height and shall be legible and clearly visible and preceded by "Permit #." Any sign which does not have a permit or a permit number displayed on its face, or which has had its permit revoked, shall be in violation of this article. No sign or structure hereafter erected, enlarged, extended or altered or upon which work has been performed which required the issuance of a sign permit shall continue to be used for more than 30 days after the completion of the alteration or work unless a certificate of compliance shall have been issued by the Building Inspector, in addition to any which may be required under any further applicable zoning provisions.
(2)
In addition to a permit from the Building Department issued under Subsection A(1) above, and notwithstanding anything to the contrary set forth in § 330-170B, approval shall be required from either:
(a)
The Planning Board with respect to all signage
relating to a project that requires Planning Board approval pursuant
to the Town Code and for which a certificate of occupancy has not
been issued;
(b)
The Architectural Review Board, or its successors,
for any such project that has received a certificate of occupancy;
or
(c)
The Planning Board with respect to all signage
relating to a project where a master sign plan has been approved by
the Planning Board.
(3)
With respect to Subsection A(2)(a) above, upon receipt of the application, the Planning Board shall request an advisory report from the Architectural Review Board, or its successors, and, thereafter, take no action on the application until it has received such report or until 45 days from the date of its request, whichever first occurs. The attached Schedule A located at the end of this article[1] sets forth the design guidelines to be used by the Planning
Board and the Architectural Review Board, or its successors, in their
review of signs.
B.
Administrative permits.
(1)
To encourage appropriate and compatible signage throughout the Town of Southampton, any sign meeting the provisions set forth in § 330-207, the applicable zoning requirements, and all of the following design criteria, in the opinion of the Building Department, shall receive a permit from said Department within 15 days of its 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, as those
terms are defined in Schedule A, Subsection (3), attached.[2]
[2]
Editor's Note: See § 330-210.1C.
(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 handcarved, 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.
(2)
Signs that are subject to Planning Board review pursuant to § 330-208A(2) are not eligible for administrative permits.
C.
Fees. The Town Board of the Town of Southampton 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 extended amortization date referred to in § 330-202B.
D.
Violations.
(1)
Any violation of this article or of any condition
or requirement of the Building Department 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
Southampton Town Code. Furthermore, the remedies of the Town 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 Zoning
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 Town under the applicable provisions of the
Zoning Code and/or Building Code.
(2)
In nonemergency matters, the Building Inspector, Fire
Marshal, Code Enforcement Officers or Ordinance Inspectors, as appropriate,
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 30
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.
[Amended 1-10-2006 by L.L. No. 1-2006]
A.
Maintenance. All signs within the Town of Southampton
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 Town of Southampton, 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 § 330-208D.
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.
[Amended 1-10-2006 by L.L. No. 1-2006]
A.
Rights-of-way. No sign other than a sign erected by a governmental agency or permitted under § 330-205H shall be erected or placed within the right-of-way lines of a public street, and the Town 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 (as listed in § 330-321) from public view.
D.
Wind loads. All signs shall meet the standards of
§ 1609 of the Building Code of the State of New York, entitled
"Wind Loads."
E.
Variances. All requests for variances from the requirements
of this article shall be made to the Zoning Board of Appeals.
F.
Schedule of Permitted Signs. Schedule B located at
the end of this article summarizes the number, size and setback requirements
of certain permitted signs according to zoning district. In the event
of any conflict between Schedule B and this article, the provisions
of this article shall control.[1]
[1]
Editor's Note: See the Schedule of Permitted
Signs included at the end of this chapter.
G.
Town signs. Nothing contained in this article shall
be construed to prohibit, limit or restrict the Town of Southampton
from erecting and maintaining any signs deemed by it to be in the
public interest.
H.
Obsolete signs. Obsolete signs and their supporting
structures shall be removed within 14 days after the use or activity
they identify has ceased or the property on which they are located
has become vacant.
[Amended 4-27-2021 by L.L. No. 17-2021]
[Amended 1-10-2006 by L.L. No. 1-2006]
The following design guidelines shall be used
by the Planning Board and the Architectural Review Board in their
review of signs:
A.
Sign types: The choice of sign type depends upon the
surroundings and the attention one desires to attract. For example,
freestanding signs are best used in situations where there is a large
setback from the street, where the attention of people in fast-moving
vehicles is being sought, or where there are several uses in one building
or complex. Wall signs are best used where the attention of people
in slow-moving cars or pedestrians is desired.
B.
Simplicity:
(1)
Whatever sign type is used, simplicity is the
key factor to good design and readability. An effectively designed
sign utilizing bold, easily recognized symbols and clear, crisp lettering
will identify a business or activity efficiently and attractively,
enhance the area in which it is located, and complement the general
appearance of the street and town.
(2)
The most common problems in business districts
are an overabundance of signs that are often excessively large, all
of which contributes to "sign overload." This creates a visually chaotic
situation in which no one gains the advantage, since the competing
signs tend to cancel each other out in an unsuccessful bid to catch
the buyer's eye.
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 (unless they are inappropriate to
the type of business being identified). The use of neon or day-glow-type
colors are prohibited, and 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 are strongly encouraged.
D.
Message: In deciding how to best convey sign messages,
the cardinal rule is to "keep it simple" for rapid comprehension by
the public.
E.
Size: Legibility depends more upon the color and type
of lettering than the actual size of the sign. In fact, a very large
sign may be unreasonable for pedestrians in a downtown business district,
while a small window sign (especially one located just above the windowsill)
will quickly catch one's eye. Therefore, the size of the words, and
ultimately the size of the sign, should always be kept in scale with
the viewer's location and speed. The sign should also be in scale
with the building, never covering architectural details (such as arches,
transom windows, moldings, columns, capitals, sills, cornices, etc.).
F.
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 much more appropriate
than glossy plastic. Internally lit plastic signs, neon signs and
other similarly lighted signs are inconsistent and are generally out
of context with the period and style of buildings located in the Town
of Southampton.
G.
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.
H.
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 our Town is direct illumination from a shielded
low-intensity light source. Neon, plastic and internally lit "box"
signs are not appropriate in or adjacent to residential areas and
buildings of historic significance or architecture.
(1)
However, in commercial districts internally
illuminated signs may be appropriate when they are composed of:
(a)
Individual letters with translucent faces, containing
soft lighting elements inside each letter; or
(b)
Metal-faced box signs with cut-out letters and
soft-glow fluorescent tubes (in which the sign background is dark
and opaque).
(c)
Plastic when the body of the sign is a dark
opaque earth tone color; and
(d)
A matte finish with translucent lettering and
low-intensity soft-glow fluorescent tubes.
(2)
Neon interior window signs may be permitted
in Highway Business Zoning Districts only. These signs shall be no
more than four square feet in area.
