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HomeMy WebLinkAboutLL-1994 #25LOCAL LAW NO. 25 , 1994 A Local Law in Relation to Signs BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (ZonLng) of the Code of the Town of Southold is hereby amended as follows: INTENT - This ordinance is intended to organize and simplify the existing sign code to limit sign lighting and size, and to permit roof signs, directional signs, contractor signs and subdivision signs. This ordinance is adopted pursuant to the Town's police power. section 100-13 (Definitions) is hereby amended by adding thereto the following: OFF-PREMISE SIGN - A~y sign that identifies, advertises or calls attention to a business or activity taking place on property other than the premises on which the sign is located. 2. Section 100-13 (Definitions) is hereby amended to read as follows: SIGN AREA - Includes all faces of a sign, measured as follows: (i) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or out- line shall be included. (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area-- that encompasses all the letters and symbols of the sign, together with the area of any background of a color or material different from the general finish of the buildinq, whether painted or applied. Section 100-31A(2)(a)(2) is hereby deleted in its entirety. 4. Section 100-31C(2)(h) is hereby deleted in its entirety. 5. Sections · ~ ncc 100 __,_,~_) 100-31C(2)(i) and (j) are hereby re-lettered (h) and (i) Section 100-31C(9) is hereby deleted in its entirety. ticns herci.-_zfter -"et fcrth £.~..~_rtic!e 1 "~ .... ~ ferty-eight (48) "~ ~ feet, ~ .... -~f ',!,~ er more !ct_", zd':erti_"in~ the cz!e cr le~-se cf cn!y thc premire~ un r:kich it is maintzin~ nnd zat back net ( ) ~ ~ ar zpeciz! .... p Section 100-31C(10) is hereby renumbered 100-31C(9). Section 100-42(C)(1) is hereby amended to read as follows: (i) Accessory uses as set forth in and regulated by Section 100- 31C(1) through (7) and (10) (9) of the Agreicultural-Conserva- tion District, and subject to conditions set forth in Section 100-33 thereof. Section 100-42(C)(2) is hereby deleted in its entirety. _r dcub!c-f~ced, =~g~ rcgu!atien~ set forth in Article 10. Section 100-42(C)(3) is hereby renumbered 100-42(C)(2). 11. Section 100-61(C)(2) is hereby deleted in its entirety. 12. 13. Con~ervaticn District; ~nd, in the cz~e cf ~ hotel, mctel, line_ Sections 100-61C(3) and (4) are hereby renumbered (2) secutively. Section 100-71(C)(2) is hereby deleted in its entirety. and (4) con- 14. 15. 16. rich_~ _~ot forth in A~tic!c Section 100-71(C)(3) is hereby renu_mbered 100-71(0)(2). Section 100-81(C)(2) is herby deleted in its entirety. horizontal feet of such wall_ horizontal moaz'_'rement cf -~'~'ch ;.:all_ Section 100-91(C)(2) and (3) are hereby deleted in their entirety. 3 17. Section 100-101(C)(2) and (3) are hereby deleted in their entirety. 18. 19. 20. of the !imitcd ~usincuu Dirtrict. be ~et bmck not less thzn fifteen (15) f~et frcn m!l ctreet and _..ca.. cent cus ~rc~mrty in ............. ~ Section 100-101(C)(4) is hereby renumbered 100-101(C)(2). Section 100-IIi(C)(2) is hereby deleted in its entirety. (2) ~"" ~-s -'ot ~ in and rc~"-'!--tc~ by ~- ___ Section 100-121(C)(2) is hereby deleted in its entirety. the Limite~ B.lsiness Diutrict_ 21. Sections 100-131(C)(2) and (3) are hereby deleted in their entirety. 22. 23. (3) ...... ~ ig .... ~ ~ ~-~ by Freestan~-ing ~--- = ...... s ns = ....... forth .... ro~ul~-ted Sections 100-191(C)(4) through (11) hare hereby renumbered (2) through (9) consecutively. Sections 100-141(C)(2) and (3) are hereby deleted in their entirety. ............... %-; ....................... 24. Section 100-141(C)(4) is hereby renumbered 100-141(C)(2). 25. Article XX (Signs), Section 100-201(B) is hereby amended to read as follows: 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. (i) The following two (2) operations shall not be considered as creating a new sign and, therefore, shall not require a new sign permit: 26. 27. (a) Replacing copy: the changing of the name, advertis- ing or message on an approved sign. v:kick is ~ccifi- (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 siqn farther from the right of way, provided 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 re- quirement, but are subject to the other requirements of this code: (a) Contractor signs; (b) Real estate signs; (c) (d) (e) 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 sixty (60) days in one year. Informational/directional signs. Nameplates. Temporary interior signs Window signs covering 10% or less of the window area. (h) Non-profit organization directory signs. Section 100-201(D) is hereby amended to read as follows: The Building Inspector shall review the proposed sign and can approve, deny or condition a permit based on the provisions Planning Board may approve signs which differ from the quantitative requirements set forth in this Article in the site review ~rocess, provided that a finding is made that said sign or signs conform to the general design principles outlined in §100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in §100-203 herein. Sections 100-201 (E) and (F) are hereby deleted in their entirety and a new subsection (E) is hereby added to read as follows: 5 28. 29. 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. Section 100-202 General design principles) is hereby amended to ~ead as follows: Decisions ....... ~ rcvic%-~ ~ =~-=.._ 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. Whenever feasible, multiple signs should be combined into one (1) sign to avoid clutter. A sign should not .impair the visual effectiveness of neighboring signs. G. Garish colors and materials should be avoided. Signs which have dark background colors and light letters are preferred in order to minimize the apparent size of signs within the st~eetscape. Generally, signs on the same building should be within the same horizontal band and be of a similar height. Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings and not be freestanding. 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. Section 100-203 (Prohibitions and general restrictions) is hereby amended to read as follows: Unless otherwise provided herein, nonaccessory signs, billboards, off premise signs and mobile signs shall be prohibited in all districts. 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 6 30. 31. 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. ~. Balloons or other gas-filled figures shall be prohibited. E. Permanent exterior signs made out of cardboard, paper, ca~vas or similar impermanent material are prohibited.' Signs or attraction devices with visible moving, revolving or rotating parts, such as flags, banners orpennants, are prohibited. Except for holiday seasons or a period of fifteen (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. No portable or temporary sign shall be placed on the front face of any building or upon any lot, except as provided in §100--205G herein. 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. Section 100-204 (Limitation content or copy) is hereby amended to read as follows: 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. Section 100-205 (Specific regulations) is hereby deleted in its entirety and a new Section 100-205 (Specific Signs) is hereby adopt- ed to read as follows: Business center directory signs. (1) The term "directory sign" shall mean any sign containing list of names of business establishments Iocated within a business center. A business center means a site contain- 7 lng multiple business uses sharing a common driveway. (2) Each business center shall be allowed on the premises one (1) freestanding directory sign in lieu of all other free- standing 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 fifteen (15)feet from the street line. No brand name advertising of any sort shall be allowed on such sign. Said sign shall not exceed fifteen . (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 na~e shall occupy no more than 3 sq. ft.in total area with an additional allowance of twenty percent (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 ~ermit ~ssued by the Building Inspector shall be re quired for each business center directory sign erected or maintained pursuant to this subsection. The application for said permi~ must contain an accurate drawing of said directory sign as well as a survey indicating the dimensions of said sign, its location and setbacks. Contractor Signs. A contractor, tradesperson, ~rchitect or building supplier may erect one name si~n each on the site of construction during the period of work. The sign area may not exceed three (3) square feet and may be attached to a stake in the ground located at lesst fifteen (.15) feet from the street line. All contractor signs must be removed prior to issuance of a certificate of occupancy for the constr~ctlon. 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. Freestanding sige. 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 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 fifteen (15) feet from the pavement or five (5) feet from the sidewalk, whichever is greater. Under no circumstances shall the (6) sign be placed in the public right-of-way; The sign shall advertise only business conducted on the premises, which shall mean all contiguous property in 8 common ownership. (7) The sign shall be not more than twenty-four (24)' square feet, the upper edge of which may not extend more than fifteen (15) feet above the ground. Historic signs. A sign is an historic sign if it existed prior to 1970 and has not be significantly altered since then. When the historic nature of the sign has been estadslished to the satisfaction of the Building Inspector, he may allow the recon- struction, repair and maintenance of historic signs for so long as the sign maintains.the original size, appearance and loca- tion. 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 (3) s.ft. in size. Nameplates. Non-illuminated name plates containing only names or professional signs containing only name and professional designation may be allowed. Nonprofit Organization Directory Sign. One directory sign may be erected in each hamlet to identify nonprofit and civic orga- nizations within the hamlet, subject to the size and location requirements of the Business Directory sign. Real Estate Sign. 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 (6) square feet in size. The sign shall be located at least fifteen (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 J. Roof (1) may be allowed in amy zone. sign. 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 p'arapet other than the fascia shall be a roof sign and may not extend above the top of the parapet. The top of such signs shall not extend, at its closest point, more than 12" 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 one-half 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. Subdivision sign. 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 five hundred (500) feet or more. 9 The sign may be either single- or double-faced and not larger than twenty-four (24) square feet in size. The sign shall be located at least fifteen (15) feet from the street line. Said sign must be removed upon sale or lease of all properties with- in the subdivision. This sign may be allowed in any zone. L__. Tem~rary signs. The erection, installation or maintenance of temporary signs, as defined herein, is hereby prohibited, ex- cept as specified below: (1) A temporary sign announcing special events erected by a municipal, charitable or nonprofit organization, which does not exceed twenty-four (24) square feet in area, is permitted for a period not to exceed thirty (30) days. (2) Temporary interior signs announcing special sales or events shall be permitted in the Hamlet Business and Gen- (3) eral Business Districts. Such signs shall cover no more than twenty-five percent (25%) of the window area to which they are affixed, and shall be removed within twenty (20) 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 6 sq. ft in area and shall not project more than two (2) feet from the building and shall not obstruct pedestrian traffic. (4) If ~ 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 6 sq. ft. in area and shall be set back at least fifteen (15) feet from all property lines. The sign shall be removed at the end of each busi- ness day. (5) No more than one (1) 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 in- ternal arrangements to share the sign. (6) An external temporary sign may not be displayed for more than 90 days in a one (1) year period. Tourist Directional signs. Tourist related businesses (i.e., hotel, motel, marina, restaurant) which are located off Rte 48 or 25 may have a generic eight (8) inch by twenty-four (24) inch sign on one of those roads. 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 (1) foot from such wall; (2) (3) It advertises only the businsss conducted in such build- ing; It does not exceed one (1) square foot in total area for each horizontal foot of the business such wall facing a 10 street, if multi-story businesses are within the structure, they share one wall sign allotment and shall allocate it among themselves. (4) It does not exceed in width one hundred percent (100%) of the horizontal linear feet of such wall; (5) It does not exceed three (3) 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 (1) 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 fifteen (15) feet above the outside grade. (7) No wall sign shall cover, wholly or partly, any wall open- ing, including doors, fire escapes and windows nor project beyond the ends of the wall to which it is attached. Ail such signs must be safely and adequately attached to said building wall by means satisfactory to the Building In- spector. (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. Window signs. A permanent window sign means any sign which is painted on the window or is made of materials other than card- board, paper or canvas. A permanent window sign or combination 32. of signs shall not cover more than ten percent (10%) of the total glass area upon which, or in which, it is affixed, dis- played 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. Section 100-205.1. (Specific Sign Requirements) is hereby added to read as follows: 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: Not more than two (2) nameplates not to exceed two (2) square feet in area. One (1) sign identifying the' residential neighborhood not more than eighteen (18) square feet in area, located not less than 15 feet from the street. If the appropriate circumstances exist there may be a real estate, subdivision, contractor or yard sale sign. Such other signs as may be authorized as variance by the Zoning Board of Appeals. The following additional sign shall be allowed in the A-C zone: A farm, garden or nursery shall be allowed to have the eignage permitted in Business areas. 11 The following signs will be allowed in the Business areas of the Town, which shall include all areas zoned RR, RO, LB, HB, 33. 34. B, MI, MII, LIO and LI: Two (2) of the following alternatives: A freestanding sign; A business center directory sign; A window sign; A wall sign or a roof sign. temporary sign. If the appropriate circumstances exist there may be a real estate, subdivision or contractor sign. such other signs as may be authorized as a variance by the Zoning Board of Appeals. .Marinas may have a separate wall sign for the wall frontage facing the waterfront area they serve. Section 100-206 (Unsafe, abandoned and unlawful signs) is hereby de- leted in its entirety and a new Section 100-206. (Sign illumination) is hereby adopted to read as follows: Except as provided below, a sign may only be lit from an exter- nal 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. 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 in- ternally illuminated. An existing sign which is capable of in- ternal illumination may continue in use in other zones if the lights are not turned on. Farm, garden or nursery signs may only be illuminated durinG the hours of business operations. Wiring, raceways and appliances of a sign illuminated by electricity from outside shall conform with the regulations of the fire underwriters and shall bear the appropriate stamp signifying such conformity. Section 100-207 (Continuation of existing signs.) is hereby deleted in its entirety and a new Section 100-207 (Unsafe, abandoned and unlawful signs.) is hereby added to read as follows: The owner 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 con- dition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deteriora- tion in the physical appearance or safety of such sign. If the Building Inspector shall find that any sign regulatmd herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provi- sions of this chapter, he shall give written notice by certi- fied mail to the owner of the ~remises on which such sign is 12 located, as shown on the latest town assessment roll. Said sign and all appurtenances 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 may be found within thirty (30) days after written notification from the Building Inspector. Upon the failure to comply with such notice within the time specified therein, the Building Inspector is autho- rized to remove or cause the removal of such sign at the ex- pense of the person or persons named in such notice. Upon such removal, all costs and expenses incurred by the town for the removal and storage of such sign shall be assessed against the land on which such sign was located, and a statement of such expenses shall be presented to the owner of the land. If such statement is not paid within thirty (30) days after its pre- sentment, the Building Inspector may file 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 Asses- sore, 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 pen- alty as iS provided by law for the collection and enforcement of re~l property taxes in the. Town of Southold. -The owner of the sig~ removed by the Buildinq Inspector. as h~reinbefore provided.~shall not be permitted to redeem such sign until ell expenses of removal and storage have been paid. If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to De removed summarily and without notice.- The cost of such remOval shall be paid by the to~rn, and such amount shall be and become a lien upon the-premises! in question and shall be levied and collected in the same manner and under the same pen- 35. 36. alties as an assessment of a public improvement, Section 100-208 (Transition.) is hereby added to read as follows: For a period of six (6) months after adoption of this ordinance; 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 sisu% which confoz/us to the provisions of this code. Section 100-209. (Non-conforming Signs) is hereby added to read as follows: 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 non-conforming sign. A non-conforming sign may be contin- ued, without enlargement, reconstruction or relocation, until it loses its noncomforminq status through the occurrence of any of these events: The non-conforming use is damaged or deteriorated so that the cost of repair or replacement exceeds 50% of the original value of the sign; The b~siness which is served by the non-conformin~ sign changes to a new use or service (ag. retail to food). 13 The business which is served by the non-conforminq sign has been discontinued for a period of two (2) years or more. When a sicfn loses its nonconforming status, it shall be brought into compliance with this code and obtain a new permit, or it shall be removed. 37. Section 100-281(J)(1)(g) is hereby deleted in its entirety and a new section 100-281(J)(1)(g) is hereby added to read as follows: (g) The permit fee for all signs shall be fifty dollars ($50.) per permit. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) 14 NYS DEPARTHEHT OF STATE BUREAU QF STATE RECORDS 162 WashingtQn Avenue ,i: ALbany, NY 122~-00B1 '~ DATE: 1/17/95 Town of Southold 25I 1994[ ]2/05/94 Local Law Acknowledgment Jndith T. Terry, To~r~ Clerk ~ Tcx~a Hall, 53095 ~Xlain Road · ~ PO Box 1179 I~ Southold, NY 11971 -[ The above-referenced material was received and flied by this office as indicated. Additional local law filing forms will be forwarded upon request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. .calx or ..... _S_ ?_ _u_ t_ _h_ 9_ L _d_ ....................................................................... Town Local Law No ..... _2_.5_ ............................ of the 3'ear 19--9--/t-- A local law .... .......................................................................... ~, ~ ~,,oj.[.~e~*enac*e'~--'~e Town Board of the tg~t[ ~r Southold - Town ............................................................................................ as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT - This ordinance is intended to organize and simplify the existing sign code to limit sign lighting and size, and to permit roof.signs, directional signs, contractor signs and subdivision signs. This ordinance is adopted pursuant to the Town's police power. Section 100-13 (Definitions) is hereby amended by adding thereto the following: OFF-PREMISE SIGN - Any sign that identifies, advertises or calls attention to a business or activity taking place on property other than the premises on which the sign is located. 2. Section 100-13 (Definitions) is hereby amended to read as follows: SIGN AREA - Includes all faces of a sign, measured as follows: (i) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or out- line shall be included. (2) When such sign consists only of letters, designs or figures ehgraved, painted, pro]ected or in any manner affixed on a wall, the total area of such sign shall be deemed the area-- · ";+~;~ which all of the ~ of ~e inccribcd, that encompasses all the letters and symbols the sign, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied. (If additional space Is needed, attach pages the samo size as this sheet, and number each.) (R~. vm) (t) 3. Section 100-31A(2)(a)(2) is hereby deleted in its entirety. (2) All signs shall conform tc tho provizienc of Section 4. Section 100-31C(2)(h) is hereby deleted in its, entirety. 5o Sections 100-31C(2)(i) and (j) are hereby re-lettered (h) and (i) . Section 100-31C(9) is hereby deleted in its entirety. m~ ...... following ~;=..-, ............ ~j~ *~ *~ supplementary sign regu!a- tienc hereinafter set forth in Article Y24~ pla~e and/or ~ ~ sign .... ~ ex~k--~wo (2) pro ..... O .... ~ -- ~quaro feet in area~ ............... ~ ................ , ~rden ......... y products grown on thc premises er cf anim!!c raised cn the ~rcmizcc. ~ ~ mere ~, ........ zng .... -=~ ~ !ease cf cn!]~ tho premises on which it is maintained ~nd set back net acreage' ~ e zubdivizicn h!c z continuous front!ge ef fiv~ ~,.,~,,-~n,,~ ~o~ square foot in size ~' '~ ~ sign ~ Section 100-31C(10) is hereby renumbered 100-31C(9). Section 100-42(C)(1) is hereby amended to read as follows: (i) Accessory uses as se5 forth in and regulated by Section 100- 31C(1) through (7) and (!O) (9} of the Agreicultural-Conserva- tion District, and subject to conditions set forth in Section 100-33 thereof. 25-1 9. Section 100-42(C)(2) is hereby deleted in its entirety. 10. 11. 12. 13. 14. 15. .... ~-~ eighteen ~o~ square ~ in area, ~ ~ u~er cdg~ cf whkch shs!! not ~reject .mere than fSve (5} feet Rbeve the = ............... tachod tc ~ fence er wall. Such sign ~=~ ~ indicate cn!y ~ ...... ~ ~ '~ ~,,~ sign ~h~ ~ ~ ~ Section 100-42(C)(3} is hereby renumbered 100-42(C)(2). Section 100-61(C)(2) is hereby deleted in its entirety. Censeryation District;' =-nd, in the case of a hotel, mete!, ~ club, if thc building is ~ ba~k t;,:entv-five ,o~ ~ ~ ~ freestanding ~ greund-i!!uminated sign '-';~ a ~ .... line. Sections 100-61C(3) and (4) are hereby renumbered (2) and (4) con- secutively. Section 100-71[C)(2) is hereby deleted in its entirety. (2) m~ fc!!cwing s~g .... ~"~- +~ ~'~ ...... ~ .... + .... sign rogu!a- tiens set forth in Article XX: sign net mere than two (2) square fcct in area. (b) One (!) real est=-te sign, either single- er doub!e-fmced, the premises en which it is ~aintzined and cot back not ~ss than fifteen {!5} feet f~om any let !!ne; where acre- twenty-four ~o~ square ~+ in ~-~ (c) One {!) be!!etin beard cr ether announcement er idcntifi- (5) -~ ~ ~+ .... ~=~ eighteen ~ square ~Ereet er let line. Section 100-71(C)(3) is hereby renumbered t00-71(C)(2). Section 100-81(C)(2) is herby deleted in its entirety. (2) e~ subject +~ +~ ~ .... ~g requlrcmenns:- 25-2 16. 17. 18. 19. (a) Frcosta~qding or ground signs: whore tho building is set (1) ~"' single- ~ ~,,~-~e~ ~ ~" cightee:: to a wall or fence, an~ the upper edge of which shall not ~tend mcrc ~m=~ ~ ~ ~% ~ee~ ~ .... ~m~ ground, which en!y thc business conducted on thopre~ ~ ..... ~ in this ~b ..... e.., e~ ...... ~ "prcmic~c" cha!! mean all con {b) ~'~=~ ..... signs: eno {!) c_=~ ............. ~ e~ er incorporated Ln ..... sag ...... not: horisont~-! foot of such ~ ..... ~ ~ .... ;~ ~"~ ~"~ percent !OO%} ~_ .............................. ( ~ tho horizontal measurement of such wall. ~ ~ ..... ~ +~"~ (3) fcct in height. ~., Pro]cot moro than one (!) foot from such ;-;all. Section 100-91(C)(2) and (3) are hereby deleted in their entirety. {2) Signs, lc ~o~ forth in Section !00-91C(2} of the Limited Euei ~ess District. (3) n;~+~ or ~ .... ~=~ signs, ~+ ..... ~ ~ + .... (2) ~= ........ ~, which the o~g .......... Eo~rd find~ +~ ~ ........... +~ f ...... a_~ circulation throughout the district.- Section 100-101(C)(2) and (3) are hereby deleted in their entirety. ~-2 ) Wal 1 ' ~ ~ of thc !imitcd Business District. Freestanding cr ground signs. Whore tho building is sot b ack t:.;enty-fivc ~o~} ~:~+ or mere ~t ~_~v~ the "~ .... the upper edge of which shall not extend moro than more fiftcc~ ~--, ................ ~ above +~ ground -~=~] ~ permitted, which sign shall ~t m=~k ~+ loss +~=- ~+=~n (~} ................................. s ..... and es" ~ha!! .... a!l ~ ......... Section iO0-101(C)(4) is hereby renumbered iO0-101(C)(2). Section iO0-111(C)(2) is hereby deleted in its entirety, (2) ~gn~, ~c son forth in and ........ ~g'*~ by Section _00-~" n~_~_, of tho Limited Eucino~ District.- 25-3 20. Section 100-121(C) (2) is hereby deleted in its entirety. (2) c;~ as cot forth ;~ ~ ~.,~ ~v e~;~ ~n~_~ the Limitod ~ucincss Dictrict. 21. Sections t00-131(C)(2) and (3) are hereby deleted in their entirety. and rogu!atod by c~+~ ~nn- squaro foot in are~ 22. Sections 100-191(C)(4) through (11) hare hereby renumbered (2) through (9) consecutively. 23. Sections 100-141(C)(2) and (3) are hereby deleted in their entirety. 24. 25. Wall signs ac set forth mhd as ro~u!atod by Socticn !O0 ......... ..... ~ thirty ~n~,~, square f~ot in aroa. ,-, ........... = ...... clgnc ........... in and ac ro~u!atcd by Section !00-!0!C{3) cf the Cener~! Eucinecs District. Section 100-141[C)(4) is hereby renumbered 100-141(C)(2). Article XX (Signs), Section 100-201(B) is hereby amended to read as follows: Except as otherwzse 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) The following two (2) operations shall not be considered as creating a new sign and, therefore, shall not require a new szgn permit: (a) Replacing copy: the changing of the name, advertis- ing or message on an approved sign. wb.~i~ cpccifi ca!!y design~ for tho uc~ of r~p!ace~b!c copy. (b) Maintenance: painting, cleaning and other normal maintenance and repai~ of a sign or a sign structure, unless a structural change in configuration is made. (c) Movement of a siqn farther from the right of way, provided it meets all provisions of the building code and Town Code and the Building Department is notified in advance. 25-4 (2) The followin9 signs shall be exempt from the permit re- quirement, but are subject to the other requirements of this code: (a) Contractor siqns; Real estate signs; 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 sixty (60) days in one year. Informational/directional signs. (e) Nameplates. (f) Temporary interior sions Window signs covering 10% or less of the window area. (h) Non-profit organization directory signs. 26. Section 100-201(D) is hereby amended to read as follows: 27. 28. Do The Building Inspecnor shall review the proposed sign and can approve, deny or condition a permit based on the provisions of this code. with rcspect tc ~!! ~antitativo factcr~. 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 §100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in ~100-203 herein. Sections 100-201 (E) and (F) are hereby deleted in their entirety and a new subsection (E) is hereby added to read as follows: E. Aftcr ~pprova! or ~p~rcv~! with cendition~ by tho P!!nnin~ ~card, the Rui!ding Inspector ch!!! ic~uc a ~ .... .......... ;~ ~ lcccrd!nco with alt ap~!ic!b!c rc~uiromentc. F. (Rocorvod) Eo If the sign does not comply with the provisions of this code, application for a variance may be made to the Zoninq Board of Appeals. Section i00-202 (General design principles) is hereby amended to read as follows: Deczsions on r~vicw of signs by sign applicants shall be guided by the ~ollowing general design principles: 25-5 29. A. Signs should be a subordinate part of the streetscape. B. Signs should be as small as practicable. Co Signs should be as close to the ground as possible, consistent with required safety and legibility considerations. A sign should have an appropriate size relationship to the building upon which it is placed. Whenever feasible, multiple signs should be combined into one (1) sign to avoid clutter. A sign should not impair the visual effectiveness of neighboring signs. Garish colors and materials should be avoided. Ho Signs which have dark background colors and light letters are preferred in order to minimize the apparent size of signs within the streetscape. Generally, signs on the same building should be within the same horizontal band and be of a similar height. Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings and not be freestanding. 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. Section 100-203 (Prohibitions and general restrictions) is hereby amended to read as follows: no Unless otherwise provided herein, nonaccessory signs, billboards, off premise signs and mobile signs shall be prohibited-in all districts. Flashing signs, including any sign or attraction device on which the artificial light is not maintained stationary and constant an intensity and color at all times when in use, are prohibited. Co $iqns which compese 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. 25-6 30. 31. Balloons or other gas-filled figures shall be prohibited. Permanent exterior signs made out of cardboard, paper, canvas o~ similar impermanent material are prohibited. p~rmitt~d on ~r~und sight, %~a!! ci~ns, !nd hangin~ ri~n~; Signs or attraction devices with visible moving, revolving or rotating parts, such as flags, banners orpennants, are prohibited. Except for holiday seasons or a period of fifteen (15) days from the date o{ a grand opening, no sign or part thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Signs noting that a property has been sold are prohibited. No portable or temporary sign shall be placed on the front face of any building or upon any lot, except as provided in ~100-205G herein. 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. Section 100-204 (Limitation content or copy) is hereby amended to read as follows: 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. Section 100-205 (Specific regulations) is hereby deleted in its entirety and a new Section 100-205 (Specific Signs) is hereby adopt- ed to read as follows: A. Business cen~er directory signs. 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 contain- multiple business uses sharing a common driveway. 25-7 (3) Each business center shall be allowed on the premises on~ (1) freestanding directory sign in lieu of all other free- standing or ground signs, to be used for the purposes of identifyin~ the business center and the various business establishments located within the business center where the sign is set back fifteen (15)feet from the street line. No brand name advertising of any sort shall be allowed on such sign. Said sign shall not exceed fifteen (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 buslness ~estabtishment name shall occupy no more than 3 sq. ft.in total area with an additional allowance of twenty percent (20%~ of the total for the name of the business center. Said sign shall comply With all other applicable provisio~ns of this chapter. A permit issued by the Building Inspector shall be re quired 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. bui constr~, exceed three the line. All of a A contractor, tradesperson, ~rchitect or ma erect on the sit~ of sign area may not be attached to a stake in street be removed prior to issuanc~ the construction. Farm, garden or nursery signs. Signs may be allowed advertising only the sate of farm, garden, animal or nursery products grown on Eastern Long ~Island, and the name of the farm, garden or nursery. Do Freestanding sigs. One freestanding sign is allowed for each frontage, on a public street or way subject to the following requirements: (t) Freestanding signs are limited to either pole signs witk 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 not overhanq the property line. The location and design of such signs shall not present hazard to pedestrian or vehicular traffic. The sig~ may be single- or double-faced and square footaq~ will be calculated based on'one side; The sign shall be set back not.less than fifteen (15) feet from the pavement or five {5) feet from the sidewalk, whichever is greater. Under no circums=ances shall th~ sign be placed in the public right-of-way; The sign shall advertise only business conducted on th~ premises, which shall mean all contiguous proper~y in common ownershipn 25-8 (7) The sign shall be not more than twenty~four (24) s~uare .feet, the upper edge of which may not extend more than fifteen (15)i feet above the ground. Historic signs. A sign is an historic sign if it existed prior to 1970 and has not be 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 recon- struction, repair and maintenance of historic signs for so long as the sign maintains the original size, appearance and loca- tion. 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 (3) s.ft. in size. Nameplates. Non-illuminaTed name plates containing only names or professional signs containing only name and professional designation may be allowed. Ho Nonprofit Organization Directory Sign. One directory sign may be erected in each hamlet to identify nonprofit and civzc orga- nizations within the hamlet, subject to the size and location rec~irements of the Business Directory sign. Real Estate SiGn. 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 (6) s~uare feet ih size. The sign shall be located at least fifteen (15) feet from the public right-of-way. A~l real estate signs must be removed immediately upon closing on the lease or sale. This sign may be allowed in any zone. J. Roof sign. 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 to~ of the parapet. {2) The top of such signs shall not extend, at its closest point, more than 12" from the surface of the roof. The vertical center of the sign shall be mounted no higher than the midpoint of the roof. Such szgn shall not exceed a size in square feet equivalent to one-half 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 szgn and a wall sign. (5) A roof sign may not be illuminated. Subdivision sign. 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 five hundred (500) feet or more. 25-9 The s~gn may be either single- or double-faced and not larger than t~enty-four (24) square feet in size. The sign shall be l?cated at least fifteen~ (15) feet from the street line. Said s~gn must be remQved upon sale or lease of all properties with- ~n the subdivision. This sign may be allowed in any zone. L-- Temporary signs. The erection, installation or maintenance of temporary signs, as defined herein, Ks hereby prohibited, ex- cept. as specified below: (2) (3) No (4) (5) (6) A temporary signrannouncing special events erected by a municipal, charitable or nonprcfit organization, which does nos exceed twenty--four (24) sc~uare feet in area, is permitted for a period not to exceed thirty (30) days. Temporary interior signs announcing special sales or events shall be permitted in the Hamlet Business and Gen- eral Business Districts. Such signs shall cover no more than twenty-five percent (25%) of the window area to which they are affixed, and shall be removed within twenty (20) days. 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 siQn. The temporary sign shall not exceed 6 sq. ft in are~ and shall not project more than two (2) feet from the building and shall not obstruct ~edestrian traffic. 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 6 sq.ft, in area and shall be set back at least f~fteen (15) feet from all property lines. The sign shall be removed at the end of each busi- ness day. No more than one (1) 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 in- ternal arrangements to share the sign. An external temporary sign may not be displayed for more than 90 days in a one (1) year period. Tourist Directional signs. Tourist related businesses (i.e., hotel, motel, marina, restaurant) which are located off Rte 48 or 25 may have a generic eight (8) inch by twenty-four (24) inch sign on one of those roads. Wall signs. A wall sign or signs are allowed on the building wall, sub3ect to all of the following requirements (3) It is attached to or incorporated in the wall and does not project more than one (1) foot from such wall; It advertises only the business conducted in such build- - ing; It does not exceed one (1) square foot in total area for each horizontal foot of the business such wall facing a 25-10 (4) street. If multi-story businesses are within the structure, they share one wall sign allotment and shall allocate it among themselves. It does not exceed in width one hundred percent (100%) of the horizontal linear feet of such wall; It does not exceed three {3) feet in height. The sign shall not extend higher than the parapet in the case of one story buildings. In the case of buildings taller than one (1) 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 fifteen (15) feet above the outside grade. No wall sign shall cover, wholly or partly, any wall open- ing, 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 buildinq wall by means satisfactory to the Building In- spector. A sign may be placed on a business canopy or awnzng 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 card- 32. board, paper or canvas. A permanent window sign or combination of signs shall not cover more than ten percent (10%} of the total glass area upon which, or in which, it is affixed, dis- played 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 szze restrictions contained therein. Section 100-205.1. (Specific Sign Requirements) is hereby added to read as foIlows: ao 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: Not more than two (2) nameplates not to exceed two square feet in area. 2o One (1) sign identifying the residential neighborhood not more than eighteen (18) square feet in area, located not less than 15 feet from the street. the appropriate circumstances exist there may be a real estatet subdivision, contractor or yard sale sign. Such other signs as may be authorized as variance 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. 25-11 33. 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: Two (2} of the following alternatives: ao A freestanding sign; A business center directory sign; A window sign; A wall sign or a roof sign. temporary sign. If the appropriate circumstances exist there may be a real estate, subdivision or contractor sign. Such other signs as may be authorized as a variance by the Zoning Board of Appeals. Marinas may have a separate wall sign for the wall frontage facing the waterfront area they serve. Section 100-206 (Unsafe, abandoned and unlawful signs) is hereby de- leted in its entirety and a new Section 100-206. (Sign illumination) is hereby adopted to read as follows: ao Except as provided below, a sign may only be lit from an exter- nal source. The sign mus= be shielded so that the source of 34. light is not visible from adjacent streets or properties and so that the illumination is concen=rated on the sign. Both neon and internally illuminated signs are prohibited, except that freestanding, business center and wall signs in shopping cen=ers or in areas zoned Hamlet Business may be in- ternally illuminated. An existing sign which is capable of in- ternal illumination may continue in use in other zones if the lights are not turned on. Farm, garden or nursery signs may only be illuminated during the hours of business operations. Wiring, raceways and appliances oi a sign illuminated by electricity from outside shall conform with the regulations of the fire underwriters and shall bear the appropriate stamp signifying such conformity. Section 100-207 (Continuation of existing signs.) is hereby deleted in its entirety and a new Section 100-207 (Unsafe, abandoned and unlawful signs.) is hereby added to read as follows: The owner 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 con- dition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deteriora- tion in the physical appearance or safety of such sign. If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provi- sions of this chapter, he shall give written notice by certi- fied mail to the owner of the premises on which such sign is 25-12 located, as shown on the latest town assessment roll. Said sign and all appurtenances 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 may be found within thirty (30) days after written notification from the Buildinq Inspector. Upon the failure to comply with such notice within the time specified therein, the BUilding Inspector is autho- rized to remove or cause the removal of such sign at the ex- pense of the person or persons named in such notice. Upon such removal, all costs and expenses incurred by the town for the removal and storage of such sign shall be assessed against the land on which such sign was located, and a statement of such' expenses shall be presented to the owner of the land. If such statement 'is not paid within thirty (30} days after its pre- sentment, the BU~l~ing Inspector may fil~ a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on th~ latest assessment roll of the town. The Asses- sors, in the preparation Of the next assessment roll, shall assess such amount upon such pro?erty. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collecEed and enforced in the same manner, by the same p~oceeding~, at the same time and under the same pen- alty as i~ provfded by law for the collection and enforcement of real property taxes in the Town of Southcld. The owner of the sign ~emoved by the Building Inspector as hereinbefore provided shstl ~ot be permitted to rede~ such sign until all expenses of~ removal and storage have been paid. C. If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be removed Summarily and without notice. ~he cost of such removal shall be paid b~ the toWn, and such amount shall be and become ~ i~ien upon the ?remises in question and shall be levied asd ~olleCted in the same manner and under the same pen- alties as an assessment of a public improvement. 35. Section 100-208 (Transition.) is hereby added to read as follows: 36. For a period of six (6) months after adoption of this ordinance, a person may obtain a sign permit for~ a sign existing prior to the date of adoption, whic~ Sign conforms to %he provisions of the newly adopted code or the p~or repealed code. Thereafter, a sign permit may only be issued f~r a sign which conforms to the provisions of this code. Section 100-209. (Non-conforming Signs) is hereby added to read as follows: Any sign which holds a permit under the ~rior repealed code but which does not conform to the provisions of this chapter, shall be deemed a non-conforming sign. A non-conforming sign may be contin- ued, without enlargement, reconstruction or relocation, until it loses its noncomforminq status through the occurrence of any of these events: The non-conforming use is damaged or deteriorated so that the cost of r~pair or replacement exceeds 50% of the original value of the sign; The business which is served by the non-conforminq sign changes to a new use or service {eg. retail to food). 25-13 3. The business which ~s served by the non-conforming sign has been discontinued for a period of two (2)years or more. When a si~n loses its nonconforming status, it shall be brought into compliance with this code and obtain a new permit, or it shall be removed. 37. Section 100-281(J)(1)(g) is hereby deleted in its entirety and a new section lO0-281(J)(1)(g) is hereby added to read as follows: fcct cf sign area, :-:itk ~ minimum fac cf twcnty-fivc dc!!~rc (g) The permit fee for all signs shall be fifty dollars ($50.) per permit. II. This Local Law shall take effect upon its filing with the Secretary of Sta~e. * Overstrike represents deletion(s) ** Underscore represents addition(s) 25-14 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable.) 1. (Final adoption by local legislative body only,) hereby certify that the local law annexed he~reto: ,des. ignated as local law No ........ _2.5_ ......................... of 19-9-~--- of ih6 ~,-~u~,rx~'~Town~(:~Zl4l~ra3 of ~outhold _ ........................... was duly passed by the -~o~vnr~.B.¢..~r._d_.'~_. ~ ....... ~_~__..'..~.f_~.. o~'~!~.~fi.~'-~'~_~_~'i'~'~c;rdance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval 1~3~ the Elective Chief Executive Officer*.) ofl hereby certify that the local law annexedof hereto, designated ................................................ as local law No .................................... of 19 t%u ~.,-~, /~ ~ j~ - ~r¼^unty~rCity~rTown~rXfiqage~ ................ ~ was duly passed by the on .................. 19 --- and was (approved)(not approved)(repassed after (Name! of Leglxlaxive Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , (Elective Chlef Executlve Off~¢r*) in accordance with the applicable provisions of law. 3. ~Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the .... ~ .............. i .............. ~- ................ on .................. 19 ...., and was (approved)(not approved)(repassed after (?4aTe of Leg[MaUve Body) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chlef Execative Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majo. fity of th~ .qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19----, m accordance with the applicable provisions of law. 4, (Subject to permissive referendum and final adoption because no valid petition was filed requesting r~ferendum.) I l~ereby certify that the local law annexed hereto, designated as local law No .................................... ,.~, ~ ~h°f 19 ...... of the (County)(City)(Town)(Village) of ........................................................... 5 .....was d.~.y, passed ../y ;?e 19 and was (aovroved')(not apvrovea)[repassea aner (Name of Leglslative Body) disanr~rovaB bv the .................................................. on .................. 19 .... Such local law was subject to [Elective Chief Executive Officer* l permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in accordance with the applicable provisions of law. *--'~tive Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or. if there be non% the chairperson of the county legislative body~ the mayor of a city or village, or the su ervls~r of a town where such officer is vested with the power to approve or veto local laws or ordinances. P :x. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the City of ......... ~ ................................... having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of ibc qualified electors of such city voting thereon at the (special)(general) election held on ................... 19 .... , became operative. 6. (County local law concerning adoption of Charter.) [ hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... Of ~he County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the MUnicipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the.cit~ ie~'ef said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voti~ng at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I ~rther certify that I have compared the preceding local law with the original on file in this office and that the same is a.:correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- die'ted in paragraph ............ , above. Judith T. Terry, Town Clerk (SeaO Date: December 1, 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) K COUNTY OF I, the undersigned, hereby certify that the foregoing lo{iai law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local la[w annexed hereto. Signature ~.~_~ Laury L.Dowd, Town Attorney Title C.~¢x of Southold Town December 1, 1994 Date: (3) PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 15, 199~ 8:05 P.M IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO SIGNS". Present: Supervisor Thomas H. Wlckham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussle Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WlCKHAM: This is a public hearing on a proposed sign ordinance, that the Town Board has labored over for some amount of time. "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of September, 1994, a Local .Law entitled, "A Local Law in Relation to Signs". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York on the 15th day of November. 199/~. at 8:05 P.M.,at which time all interested persons will be heard.This proposed "Local Law in Relation to Signs" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I~F~ENT - This ordinance is intended to organize and simplify the existing sign code to limit sign lighting and size, and to permit roof signs, directional signs, contractor signs and subdivision signs. This ordi- nance is adopted pursuant to the Town's police power. Section 100 13 (Definitions) Ls hereby amended by adding thereto the following: OFF-PREMISE SIGN - Any sign that identifies, advertises or calls attention to a business or activity taking place on property other than the premises on which the sign is located. 2. Section 100-13 (Definitions) is hereby amended to read as follows: SIGN APd~A - Includes all faces of a sign, measured as follows: (i) When such sign is on a plate or framed or outlined, ail of the area of such plate or the area enclosed by such frame or out- line shall be included. Pg.2 - PH LL .,,.., (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area-- bc inscribed_ that encompasses all the letter and s~mbols of the siqn, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied. Section 100-31A(2)(a)(2) is hereby deleted in its entirety. (2) All signs -"ka!l conform Section 100-31c(2)(h) is hereby deleted in its entirety. Sections 100-31c(2)(i) and (j) are hereby re-lettered (h) and (i) Section 100-31C(9) is hereby deleted in its entirety. (9) Thc fc!!cwin~~=i~-..s, ~ubjcct to ~ ...... ...... ~ .... ~ .... z ~-ign __=__-~=- (~) the promire-" cn ~-3hick it is mlint~incd and cot back not 7. Section 100-31C(10) is hereby renumbered 100 31C(9). Pg.3 - PHLL f~.~- "'-~. 8. Section 100-42(C) (1) is hereby amended to read as follows: Accessory uses as set forth in and regulated by Section 100- 31C(1) through (7) and ~10) (9) of the Agreicultural-Conserva- tion District, and subject to conditions set forth in Section 100-33 thereof. 9. Section 100-42(C) (2) is hereby d~leted in its entirety. 10. 11. 12. 13. (2) Section 100-42(C)(3) is hereby renumbered 100-42(C)(2). Section 100-61(c)(2) is hereby deleted in its entirety. Sections 100-61C(3) and .(4) are hereby renumbered (2) and (4) con- secutively. Section 100-71(C)(2) is hereby deleted in its .entirety. ti~nc cct fcrtk in Ar~_~c!e One (!) bu!!ctin bo~r~ cr ctkcr announcc~cnt cr i~entifi £trcct or:let line. 14. Section 100-71(C)(3) is hereby renumbered 100-71(C)(2). Pg-~ - PH LL 15. Section 100-81(C) ('2) is herby deleted in its entirety. 16. ............. = ......... =u----c .......... a--v^_r-- - C -r.= .... horizontal foot of such wall_ Section 100-91(C)(2) and (3) are hereby deleted in their entirety. fmci!itate circu!~ticn throughout the district_ 17. Section iO0-101(C) (2) and (3) are hereby deleted in their entirety. of tho limited ~umin~ma Digtrich_ 18. Section 100 iOi(C) (4) is hereby renumbered 100-101(C)(2). Pg.5 -' PH LL 19. Section 100-111(C)(2) is hereby deleted in its entirety. 20. thc Limited Eusiness District. Section 100-121(C) (2) is hereby deleted .in its entirety. thc Limited £usiness District_ 21. Sections 100-131(C)(2) and (3) are hereby deleted in their entirety. 22. 23. 24. 25. ',3) Freest~-ndin~ cr ...... ~ si n_ a = ...... g .... ~ ~+~ ~ -~ regulated by Sections 100-191(C)(4) through (11) hare hereby renumbered (2) through (9) consecutively. Sections 100-141(C](2) and (3) are hereby deleted in their entirety. (2) regulated (3) Freestanding cr ...... = .......... ~ zignu az cot forth in =-~ as rcgu!~-ted Section 100-141(C)(4) is hereby renumbered 100-141(C)(2). Article XX (Signs), Section iO0-201(B) is hereby amended to read as follows: 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. The following two (2) operations shall not be considered as creating a new sign and, therefore, shall not require a new sign permit: (a) (b) (c) Replacing copy: the changing of the name, advertis- ing or message on an approved sign. %;hic.h is specifi- Maintenance: painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change in configuration is made. Movement of a siqn farther from the right of way, provided it meets all provisions of the buiid~nq code and Town Code and the Building Department is notified in advance. Pg.6 - PH LL 26. 27. 28. (2) The following signs shall be exempt from the permit re- quirement, but are subject to the other requirements of this code: (a) Contractor signs; (b) Real estate signs; Holiday lights and siqns which are incidental and customary and co--only associated with any national, local or religious holiday,not to be displayed for more than sixty (60) days in one year. Informational/directional signs. (e) Nameplates. (f) Temporary interior signs Window siqns coverinq 10% or less of the window area. (h) Non-profit organization directory signs. Section 100-201(D) is hereby amended to read as follows: The Building Inspector shall review the proposed sign and can approve, deny or condition a permit based on the provisions of this code. ,.,~ ......... ...... = ........ ~ ~ ~ ~antit~tivc f~cters. 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 ~100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in §100-203 herein. Sections 100-201 (E) and (F) are hereby deleted in their entirety and a new subsection (E) is hereby added to read as follows: If the siqn does not comply with the ~rovisions of this code, application for a variance may be made to the Zoning Board of Appeals. Section 100-202 (General design principles) is hereby amended to read as follows: Decisions ' ' by sign applicants shall be guided by the following general design principles: A. Signs should be a subordinate part of the streetscape. Signs should be as small as practicable. Signs should be as close to the ground as possible, consistent with required safety and legibility considerations. Pg.? - PH LL 29. A sign should have an appropriate size relationship to the building upon which it is placed. Whenever feasible, multiple signs should be co~Joined into one (1) sign to avoid clutter. A sign should not impair the Visual effectiveness of neighboring signs. G. Garish colors and materials should be avoided. Signs which have dark background colors and light letters are preferred in order to minimize the apparent size of signs within the streetscape. Generally, signs on the same building should be within the same horizontal band and be of a similar height. Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings and not be freestanding. 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. Section 100-203 (Prohibitions and general restrictions) is hereby amended to read as follows: Unless otherwise provided herein, nonaccessory signs, billboards, off ~remise signs and mobile signs shall be prohibited in all districts. 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. 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, syulbol 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. ed, hewer , th=_t ~h i!!umin~-ti~n eh=_!! be concentrated Pg.8 - PH LL .30. 31. Signs or attraction devices with visible moving, revolving or rotating parts, such as flags, banners or ~ennan~s, are prohibited. Except for holiday seasons or a period of fifteen (15) days from the date of a grand opening, no sign or part thereof shall consis~ of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Signs noting that a property has been sold are prohibited. No portable or temporary sign shall be placed on the front face of any building or upon any lot, except as provided in ~100-205G~herein. No signs other than signs plaged by agencies .of the goverrunent shall be erected on any public property, unless consent is first obtained from the Building Department. No sig~ 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. Section 100-204 (Limitation content or copy) is hereby amended to read as follows: 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. Section 100-205 (Specific regulations) is hereby deleted in its entirety and a new Section 100-205 (Specific Signs) is hereby adopt- ed to read as follows: A. Business center directory (1) The term "directory sign" shall mean any si~n containing a list of names of business establishments located within a business center. A business center means a site contain- in~ multiple business use~ sharing a common driveway. (2) Each business center shall be allowed on the premises one (1) freestanding directory sign in lieu of all other free- standin~ 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 fifteen (15)feet from the street line. No brand name advertising of any sort shall be allowed on such sign. Said si~n shall not exceed fifteen (15) feet in height, measured from the top of said sign to the mean level of the ground surrounding the support of said si~n. Each business establishment nam~ shall occupy no more than 3 sq. ft.in total area with an additional allowance of twenty percent (20%) of the total for the name of the business center. Said sign shall comply with all other a~plicable provisions of this chapter. A permit issued by the Building Inspector'shall be re quired for each business center directory si~n 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. Pg.9 - PH LL 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 (3) square feet and may be attached to a stake in the ground located at least fifteen (15) feet from the street line. All contractor signs must be removed prior to issuance of a certificate of occupancy for the construction. Far~, garden or nursery signs. Signs may be allowed advertising only the sale of farm, garden or nursery products grown on Eastern Long Island or of animals raised on the pre- mises and the name of the farm, garden or nursery. Freestanding signs.' One freestanding sign is allowed for each frontage, on a public street or way subject to the following requirements: Freestanding signs are limited to.either pole signs with noI guy wires or signs permanently affixed to a fence or other wall separate from the principal building. (2} All freestamding signs shall be located within and 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 fifteen (15) feet from the pavement or five (5) feet from the sidewalk,: whichever is greater. Under no circumstances shall the si~n 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 co--on ownership. (7) The sign shall be not more than twenty-four (24) square feet, the upper edge of which may not extend more than fifteen (15) feet above the ground. Historic signs. A sign is an historic sign if it existed prior to 1970 and has not be significantly altered since then. When the historic nature of the sign has been establ- ished to the satisfaction of the Building Inspector, he may allow the reconstruction, repair and maintenance of historic signs for so lon9 as the sign maintains the original size, appearance and location. G~ Informational/Directional Signs. Signs are allowed which state open, closed, business hours, phone numbers and generic directions to the facility, parking service and products. Inforrn~tional/d~rectional signs shall be a maximum of three (3) s.ft. in size. Nameplates. Non-illuminated name plates containing only names or professional signs containing only name and professional designation may be allowed. Pg.lO - PHLL Nonprofit Organization Directory Sign. One directory sign may be erected in each hamlet to identify nonprofit and civic orga- nizations within the hamlet, subject to the size and location requirements of the Business Directory sign. Real Estate Si~n. 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"(6) square feet in size. The sign shall be located at least fifteen (15) feet from the public right-of-way. All real estate signs must be removed immediately u~on closing on the lease or sale. This sign may be allowed in any zone. J. Roof si~n. (1) (2) Roof sig~s 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. The top of such signs shall not extend, at its closest point, more than 12" from the surface of the roof. The vertical center of the sign shall be mounted no higher than the midpoint of the roof. such sign shall not exceed a size in s~uare feet equivalent to one-half 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. roof sign may not be illuminated. Subdivision si~n. 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 five hundred (500) feet or more. The sign may be either single- or double-faced and not larger than twenty-four (24) square feet in size. The sign shall be located at least fifteen (15) feet from the street line. Said sign must be removed upon sale or lease of all properties with- in the subdivision. This sign may be allowed in any zone. L__. Temporary signs. The erectionr installation or m&i~tenance of temporary signs, as defined herein, is hereby prohibited, ex- cept as specified below: (1) A temporary sign announcing special events erected ~y a municipal, charitable or nonprofit organization, which does not exceed twenty-four (24). square feet in area, is per- mitted for a period not to exceed thirty (30) days. Temporary interior signs announcing special sales or events shall be permitted in the Hamlet Business and Gen- eral Business Districts. Such signs shall cover no,ore than twenty-five percent (25%} of the window area to which they are affixed, and shall be removed within twenty (20) days. Pg.11 - PH LL inch (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 6 sq. ft in area and shall not project more than two (2) 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 6 sq. ft. in area and shall be set back at least fifteen (15) feet from all ~ro~erty lines. The sign shall be removed at the end of each business day. (5) No more than one (1} 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 in- ternal arrangements to share the sig~. (6) An external temporary sign may not be displayed for more than 90 days in a one (1) year ~eriod. Tourist Directional signs. Tourist related businesses (i.e., hotel, motel, marina, restaurant) which are located off Rte 48 or 25 may have a generic eight (8) inch by twenty-four (24) sign on one of those roads. Wall signs. A wall ~ign or signs are allowed on the building' wall, subject to all of the following requirements (1) It is attached to or incor~rated in the wall and does not ~roject more than one (1) foot from such wall; (2) It advertises only the business conducted in such build- ing; (3) It does not exceed one (1) square foot in total area for each horizontal foot of the business such wall facing a street. If multi-story businesses are within the structure, they share one wall sign allotment and shall allocate it among themselves. (4) It does not exceed in width one hundred ~ercent (100%) of the horizontal linear feet of such wall; (5) (6) It does not exceed three (3) feet in height. The sign shall not extend higher than the parapet in the case of one story buildings. In the case of buildings taller than one (1) 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 fifteen (15) feet above the outside grade. (~) No wall sign shall cover, wholly or partly, any wail open- ing, including doors, fire escapes and windows nor pro~ect beyond the ends of the wall to which it is attached. Ail such signs must be safely and adequately attached to said buildlnq wall by means satisfactory to the Buildlng In- spector. Pg.12 - PH EL 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. Window signs. · A permanent window sign means a~y sign which is painted on the window or is made of materials other than c~rd- 32. board, paper or canvas. A pe~manent'.window sign or combination of signs shall not cover more than ten percent (10%) of the total glass area upon which, or in which, it is affixed, di~- played 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. SectLon 100-205.1. (Specific Sign Requirements) is hereby added to read as follows: The following signs will be allowed in the Residential a~eas of the Town, which shall include all areas zoned A-C, R-40, R-80, R-120, R-200, R-400, HD and AHD: Not more than two (2) nameplates not to exceed two (2) s~uare feet in area. One (1) sign identifying the residential neighborhood not more than eighteen (18) square feet in area, located not less than 15 feet from the street. ~. If the appropriate circumstances exist there may be a real estate, subdivision, contractor or yard sale sign. Such other signs as may be authorized as variance by the Zoning Board of Appeals. 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. The following signs will be allowed in the Business areas of the Town, which shall include all areas zoned P~R, RO, LB, HB, B, MI, MII, LIO and LI: Two (2) of the following alternatives: A freestanding sign; A business center directory sign; A window sign; A wall sign or a roof sign. A temporary sign. If the appropriate circumstances exist there may be a real estate, subdivision or contractor sign. Such other signs as may be authorized as a variance by the Zonin~ ~oard of Appeals. Marinas may have m separate wall sign for facing the waterfront area they serve. the wall frontage Pg.13 - PH LL 33. 34. Section 100-206 (Unsafe, abandoned and unlawful signs) is hereby de- leted in its entirety and a new Section 100-206. (sign illumination) is hereby adopted to read as follows: Except as provided below, a sign may only be lit from an exter- nal source. The source may be abov~ or below the si~n but must be shielded so that the light filament is not visible from adjacent streets or properties and so that the illumination is concentrated on the sign. Only freestanding, business center and wall signs in a shopping center or in areas zoned Hamlet Business may be internally illuminated. An existinq sign which is capable of illumination may. continue in use in other zones if the lights are not turned on. Both neon and internally illuminated ~iqne are otherwise prohibited. Farm, garden.or nursery signs may only be illuminated during the hours of business operations. Wiring, raceways and appliances of a sign illuminated by electricity from outside shall conform with the regulations of the fire underwriters and shall bear the appropriate stamp signifying such conformity. Section 100-207 (Continuation of existing signs.) is hereby deleted in its entirety and a new Section 100-207 (Unsafe, abandoned and unlawful signs.) is hereby added to read as follows: The owner of a sign and the o%q]er of the premises on which such sign is located shall be jointly liable to maintain such sign, includinq its illumination sources, in a neat and orderly con- dition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deteriora- tion in the physical a~pearance or safety of such sign. If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provi- eions of this chapter, he shall give written notice by certi- fied mail to the owner of the premises on which such sign is located, as shown on the latest town assessment roll. Said sign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the buildinq or structure upon which such sign may be found within thirty (30)~ days after writte~ notification from the Building Inspector. Upon the failure to comply with such notice within the .time specified therein, the Building Inspector is autho- rized to remove or cause the removal of such sign at the ex- penes of the person or persons named in such notice. Upon such removal,' all costs and expenses incurred by the town for the removal and storage of such sign shall be assessed against the land.on which such sign was located, and a statement of such expenses shall be presented to the owner of the land. If such statemen~ is not ~aid within thirty (30) days after its ~re sentmen~, the Building Inspector may file a Statement with the Town ~s~ssors, identifying the property in connection with which s~ch expenses were incurred and the owner thereof as shown on the Iatest assessment roll of the town. The Asses-- sore, i~ the preparation of the next assessment roll, shall assess ~uch amoun~ upon such property, such amount shall be include~, in the levy agaln~t such property, shall constitute a lien a~ ~hall be collected and enforced~in the s~me manner, by Pg.lq - PH LL the' same proceedings, at the same time and under the same pen- alty as is provided by law for the collection and enforcement of real ~roperty taxes in the Town of Southold. The owner of the sign removed by the Building Inspector as hereinbefore provided shall not be permitted to redeem such sign until all expenses of removal and storage have been paid. If, in the determination of the B~ilding Inspector, a sign is an immediate peril, to ~ersons or property, he may cause such sign to be removed summarily and without notice. The cost of such removal shall be paid by the town, and such amount shall be and become a lien upon the premiees in question and shall be levied and collected in the same manner and under the same pen- alties as an assessment of a public improvement. 35. Section 100-208 (TransitionS) is hereby .added to read as follow~: For a ~eriod of six (6) months after adoption of this ordinance, a person may obtain a eiqn permit for a sign which confor~s 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 con- forms to the provisions of this code. 36. Section 100-209. (Non-conforming Signs). i~ hereby added to'read as follows: 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 non-conforming sign. A non-conforming sign may be contin- ued, without enlargement, reconstruction or relocation, until it 37. loses its noncomforminq status through the occurrence of any of these events: The non-conforming 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 non-conforming sign changes to a new use or eervice (i.e., retail to food). The business which is Served by the non-conforming sign has been discontinued for a period of two (2) years or more. When a sign loses its nonconforming status, it shall be brouqht into compliance with this code and obtain a new permit, or it shall be removed. Section 100-281(J)(1)(g) is hereby deleted in its entirety an~ a new section 100-281(J)(1) (g) is hereby added to read as follows: (9) The permit fee for all signs shall be fifty dollars ($50.) per permit. Pg.15 - PH LL II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: October 18, 199~. Judith T. Terry, Southold Town Clerk." I'd like to conclude briefly with comments that have be raised, and I should for the record report that I have before me clippings from The Suffolk Times, and The Traveler-Watchman, saying that it was duly reported. Many of you have read about it in the newspapers. We have also a notice from 'Judith T. Terry, Town Clerk, that it has been published outside the door at the Town Clerk's Bulletin Board. We have here before us tonight one, two comments from two different municipal bodies regarding this Local Law. As per regulation we send it out for their comment. The first comes from the Suffolk County Planning Commission. Pursuant to the requirements of the Sections A1~-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning. Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval f~om the County. Now, we follow with a comment from the Planning .Board of Southold Town. Dear Mrs. Terry; The Planning Board has reviewed the latest revision of the proposed Loca~l Law in Relation to Signs, and submits the following report. The proposed legislation is an improvement to the current Code. With one major exception, its adoption is recommended. The Board opposes interlor-llt business center and wall signs in the Hamlet. Business district and in shopping centers, Which are permitted within the Business district only. The Planning Board's Ior~g term policy has been to discourage internally it signs in the site pl~' review process. Reasons for only aflowirig exterior-lit signs, the Planning Board and Task Force belie¥& that well de'signed, exterior lit signs are usually more appropriate and tn keeping with Southold's heritage. Containment of light and the ensuing gl~ar~e Is more easily controlled ~nd adjt~sted. All zoning districts throtJghout the Tow. r~ would be treated equally, a uniform standard. h ' ? ' T e Planning.. Board f~eels that the Town should apply a uniform standard. For that reason, and the others articulated above, we recommend that there be no exceptions to the prohibition against inteYnallly-llt signs. Sincerely, Ri~:ha,rd G~ Ward, Chairman. That includes a Summary, and the comments fr0r)n our Planning .Board, and the Planning Commi~ssion. The Town Board is n?w anxlbus to hear the comments of the pe~.ple of the town regarding a proposed ordinance, which has been handled ~hrough, I guess, eight, ten oY more meetings. There have beep an ir~ormation meeting publicly. There has been a ,.great deal of discussion about, although not too much in recent weeks. We'll:be grateful for your comments. Y&s, sir? RALPH DERBY: Supervisor Wickham, members of Council, I have a short letter I woul~l like to read into the record, if I may be permitted to do so. Ralph Derby. Dear Mr. Wickham, as a member of the North Fork community, I would like to express my views on the regulation 'of signs and commercial displays on our roadways. My husband and I are both artists, and we moved out lives and business to the East End four years ago. We chose Southold for many reasons, but a primary attraction is the spl'endld natural beauty and unspoiled rural quality of the area. Being se.n~sltive to the visual attributes of one's landscape and surroundings is not simply a luxury Pg.16- PH LL for artists to indulge in. The proliferation of glaringly overlit signs and neon displays along Route 25 and the North Road are profound indications of a larger problem, the problem being that our community is not properly appreciating and protecting that which is precious and rare on the North Fork. In this age of urban and suburban sprawl, the natural beauty of this area will quickly disappear as gas stations and other establlshmepts jockey to out-do each other with every bigger and brighter displays. As the area ceases to be attractive to many residents and tourists, the very survival of local business will be threatened. What is needed is leadership to spell out reasonable and specific regulations, and enforce them fairly. Not only will this level the playing field for all involved, but it will send a message that what is important is not only the immediate interests of local merchants and franchises, but that all who live, work and visit in this beautiful environment must share in the responsibility of protecting it. There are many communities around the country whose leadership has taken an active role in regulating the aesthetic aspects of commercialism with great success. They have recognized the importance of this kind of preservation, and that it is, in fact, good for business On a particularly crisp and starry r~ight last week, I was saddened to have the velvety darkness interrupted by the unearthly glow on the western horizon of the brightly lit Tanger mall. It struck me as an uncomfortably close reminder of how delicate a ~rural environment is, and that the consequences of commercial development affects every aspect of the quallt~y of one's life here. Let us not raise for granted the quiet, secure simple beauty we are so lucky to have around us. I hope the Board will car~fulJy consider the importance of acting on this issue thoughtfully and quickly. Sincerely, Elizabeth Stalnton and Ralph Derby. PAUL SPZARA: My name is Paul Spzara. What you have written out sounds real good. There's a couple of things I'm not sure of, though. When you talk about flashln, g lights, what about llke marquee signs that are put out, that will list a sale, or you know those type of things you type in the computer, and you know, just changes. The other things that are not represented in signs, but act as signs. I~11 make the example of bowling alley, and that big bowling pin they have out there. The third thing is, what kind of control, and I brought this up at the last one, over that North Fork thing that's over the railroad pass. I personally would llke to remove that. I thought we should have some control. You know, people coming in are not coming into North Fork Bank. They"re coming into Mattituck. Is there someway we can do something with that? I didn"t hear that addressed, or how it could be addressed. Personally' as far as the first sign I talk about, there was an example of it in Riverhead outside of all these neat 'players, something llke that, which is just past Waldbaum"s going west. I understand they went out of business. The sign is still there. That kind of sign I don't think is keeping in character of Southold Town. SUPERVISOR WICKHAM: We'll look at it. PAUL SPZARA: Okay, that's it. Pg.17 - PH LL DICK MULLEN: Dick Mullen from Mullen Motors, sixty-seven years on the Main Road in Southold. What provision have made for people like me, who are required by a franchise to have certain signs, which does not meet if you pass this? Nationwide every car dealership, the Ford guy, the Cadillac guy, Chevrolet person is required to have exactly the same sign. SUPERVISOR WICKHAM: I would like to visit with you, learn exactly what your sign requirements are based on your franchise, and I~d like to look over the Code pretty carefully, and see if there weren't a way that we could fit it in. But, to go over it tonight in a public hearing, to comb through, and go through the specifics, I'm not sure we're up to that. DICK MULLEN: I just want to make sure that make exception in the Code before you make the law on this. COUNCILWOMAN OLIVA: It's also applicable to marina operator owners, and we had discussed that. SUPERVISOR WlCKHAM: I~d like to talk with you in detail, and find out exactly what you have to have, what you do have, and then I'd like to look over our Code, and see if there weren't a way that we could put them together. DICK MULLEN: Before you pass the law. SUPERVISOR WICKHAM: I understand. address the Board on this question? Anyone else who would like to BOB BAYLEY: My name is Bob Bayley, and I~m here on behalf, at the moment, on the Planning Conference. Michael had to leave, so I'd llke to speak a little bit about the signage. We had a discussion at our last meeting about signage, and we felt there were two things, that need further addressing. One is clarity, and by clarity what we mean is, it's hard to follow the written description of some of the feet and inches. For example, in the statute regarding loose signs, there is qualification on distance in feet from the roof, from the peak of the roof, from the parapet. We feel very strongly that there needs to be a better way to do this. I think a graphic manual would be great. I don~t think it needs to be complicated, but simple line drawings with perhaps dimensions written on them would do this very successfully. The other thing that we felt we wanted to pass on was enforcement. We don't see a mechanism here. Perhaps there is such a mechanism, but we wonder how the ordinance is going to be enforced, and I think perhaps the two, clarity and enforcement, are related. If business owners, and people who want signs, know what the law is, that will go a long way towards the need to enforce, or the lack of need to enforce. So, perhaps they should go together. That's it. Thank you. SUPERVISOR WICKHAM: Thank you. Anybody else llke to address the Board on the proposed sign ordinance. Yes, sir? GREG PALAST: Supervisor, Councilpeople, I~m Greg Palast, and with Bob Bayley, and other people not here right now, have served for two years on the Town Task Force, which initiated the recommendations, some of which you've excepted, many of which you've rejected. For two years we Pg.18 - PH LL worked on these things, and we put in many hours thoughtfully. We don~t agree on much on the Task Force, but we accept that we have a great love for this town. Frankly, the debate over signs and lights has divided itself into two groups. First there are those who voted, characteristically voted two or three to one, to preserve farmland in this town. They filled out questionnaires sent townwide, hoping it would make a difference. Five hundred strong at two different meetings for the public, groups spoke loud and clear, Southold shouldn't become Queens Boulevard. It shouldn't be Corem. It shouldn't be Riverhead. It shouldnEt be Miller Place plastered with Jiffy Lube signs. We heard it loud and clear, no neon signs. Every meeting, every questionnaire, every vote, including the extraordinary vote to our own Town parties to preserve this place. No neon signs, no internally lit signs, and turn off the signs when the business day is done, .as most of the businesses do. Unfortunately, there are those who break the rules that almost everyone follows whether it's in the Code Book or not. You have to look at the horror show at the Ocean Cas Station, now outlined in green neon, new and alien to this town. It should be prohibited, and I believe you have done so, if I read your law correctly. The Tidy Car sign on the North Road in the middle of farm fields internally llt, and lit up all night, it's not needed, the competitors don~t have that. Illegal pizza signs on the Nprth Road, the competitors do that, it's not fair. The overwhelming majority of business owners, that sell by their action by our surveys, do not.go along With the few actions whlch, spoil the town by a few of their competitors. Group two, that has been in this .debate, and very active, and very loud, and they're er{titled to their opinion. We=re glad to hear it. But, their 0pi.niqn sounds a lot like my sign, my lights, me, me, my, my. If group one, and the majority of the town, they {]enerally don~t show up at hearings. They've elected their repFesent~cives. Croup two shows up becaus~e they h~ve a purpose to address which 'they're allowed to express, but the Task Force recommendations were veryI, conservative, balanciDg even 1:hose two groups. In deed, I talked to the Chambers. Our proposals Were, frankly, .c~ulte watered down. Two. years ago, the Deputy Supervisor Mr. Penr~y cleaned up all the illegal temporary signs in this Town. In a week the publ'ic and' the papers applauded, t~en the hearing rooms were filled wtth the my s~gn, me crowd, and we feohsHly beheved that this small group rel~esente~d the feeling of the town for CeO[ge. I have to tell you, that I bel. i~ve ~th~at the docum~ant that you finally come up with tends to plak:ate the my s~gn crowd a bit too much. Let us .go ahead, and get on with work, aod eh~[orcement, specifically, as to Specifics I am very glad to see in par.agraph thirty-three, you have adopted the number on unanimous recommendation, and the position also t~k~ng by the Town P[annlng Board, wl~ich is no neon signs. It is alien. Good work. Unfortunately, I do have to say that the language of peragraph thirty-three .is a bit muddy, so [.. do hope that it's made very clear on the record that your clear intent of eliminating neon signs does not get lost in the mumbo-jumbo of exception.~ for internally lit signs..It should be made clear in your legislative inteht. Please do so to avoid liti~.tlon. As to internally lit signs, the Task Force, the Planning Board, the Town meetings, the Planning experts have all said, internally llt signs, so actually lit in rural ai'eas externally. You looked at towns like Manchester, Massacl3usett~,. which h. ave no neon or inter.nelly signs, and they also have no commer~.al vacancms, because they have a very thriving tourist population. You have a letter from the Planning Board. I hope you will not undercut them, ~nd I propose that you do the 'following. without Pg.19 - PH LL even have to change what you have written. It's the second best solution to outright prohibition. It's to make clear that simply because you have not by Code prohibited internally lit signs, that you are. not directing the Planning authority, or limiting their authority, to use your current authority to prohibit internally lit signs in the site process, which they now do through their general authority to limit architectural elements, including signs, to reflect a rural character. So, tell the Planning Board. We're saying you must allow internally lit signs. We're simply not having total prohibition in the Code, so, you don't undercut a long. standing policy of the town, and start going backwards. What happens? They're turning off the business signs at night. We had meetings. We had hearings. We had straw votes, and was it going to be ten o'clock? The Task Force recommended when the business day over, you turn off the lights. We had Frank Flume from the Mobil Station, he does that. He"s good to his neighbors. I know Joe Lizewski has done this. It's not such a big deal. It's not a burden. We don"t need midnight billboards. What happened to it? It should be brought back. I think the lighting ordinance is weaken, and should be brought back again, and look at the lighting a little bit. I think it's a simple unburdensome item. I think it would make a big d.ifference, and most of the people in this town, even most of the business community supports it. Finally, enforcement. The people are cynical about politicians these'days, you may have heard. Don't pass this law if you don't mean it. Don't tell us the rules, if you won't enforce them, and it should be systematic, not based on some hit and miss neighbor rat f. ink method. It's unfair. It doesn't work. The public expects more. I~¥e gotten four eom'plaints. The reason I' mention thel Ocean neon is I, personally, got four complaints about it. I don~t know if you have. I bel.le, ve it's actually prohibited ut~der current Code, but be that as it may, should you pass this law, I suggest' a simple rule of thumb. I'm disappointedl that you don~t accept the conservative views of the Task Force, but let's take the green neon rule, which is get those neon lights off there, and you will have accomplished sdmething, because they make this town ug!y, and they're unappropriated. If it doesn't do that, then we have a faih~re here. I hope that these few suggestions are valuable, but they're only valuable if they end getting rid of some of the ugly lights, and some of the ugly signs, and turning this town back to the merchants, and the people who live here, so they can maintain it as they've known it. Thank you. SUPERVISOR WICKHAM: Thank you. GARY BUCKNER: I~11 be very brief. My name is Gary Buckner, and I llve in New Suffolk. I had originally planned to come in to praise the BulJdlng Inspector for having the lights at the Ocean Gas Station turned out, but as I was driving up here tonight, I see that they're back on. In a way I'm glad that those neon lights came on, because it pushed me to be here tonight, and I see the importance, and I see the need for a signage law, such as you propose, and also see the need for it to be enforced unyieldingly. SUPERVISOR WICKHAM: Anybody else, who would like to address the Town Board in relation to signs tonight? Pg.20 - PH LL LINDA LEVY: Good evening. My name is Linda Levy. I'm speaking on behalf of North Fork Environmental Council tonight on this particular hearing. Before I begin my remarks, which are not too long, I just wanted to go back to something that Greg mentioned, and that Supervisor Wickham was nodding his head, other people nodding their head. There seems to be among the people Ifve spoken to in the general population a bit of confusion over whether or not neon is, in fact, prohibited under the new Code, and being that there is some confusion is, because of the way that the language proceeding the sentence that begins both neon and internally lit signs. The language of that sentence proceeding that one says, it's talking about internally lit signs, but then using the word, both, seems to imply that the neon was being talked about in the first sentence. I hope that 'you do mean an intent to prohibit neon. My remarks are operating under the assumption, that you did not prohibit the neon. If you did prohibit neon, you can forget the words neon, and focus on the words internally lit sign. In general the North Fork Environmental Council supports' the change in the Code, that you've proposed, for the following reasons. Under the existing Code, our Town is rapidly losing its unique character, that of the last remaining rural community on Long Island. The recent proliferation of internally lit and neon signs is just the fist wave of the visual pollution all too common in the western Suffolk and Nassau communities. The quality of life on the North Fork will be destroyed if we do not control signage. One of the most beneficial, and least environmentally harmful, i~dustries that can be encouraged in our community is tourism. Tourists will have no desire to come to the North Fork if it looks llke Miller Place or Rocky Point. Similarly, the second homeowners, who who disinclined to purchase in our community if it looks like just another western Suffolk suburb, and I would put it to you tonight, that I think the majority of the people sitting in this room have made the choice themselves. They chose not to live in Rocky Point, not llve in M, iller Place. They live in Southold, and they would be pretty surprised aiqybody would want to live in those other communities. Planning experts and consultants, as well as our own Stewardship Task Force, have repeatedly cited garishly llt and neon signage as forces of deterioration of rural communities. For these reasons we applaud the Board's effort to strengthen the Town Code on signs. Unfortunately, we must p0[nt out that the proposed code does not adequately address a number of problems. Our concerns are as follows: Neon and internally lit signs are still permitted in hamlet business zones and shopping centers. We see no reason to permit such signs anywhere in Southold. Permitting such signs will only lead to a proliferation of them, by which, I mean, a business owner only needs a neon sign if the competition across the street has one already. I would note that our own Planning Board has also stated it's opposition to internally lit and neon signs, an opinion the Town Board has apparently disregarded. Temporary signs are currently prohibited in our Code. The proposed change will permit such signs. This is an example of easing the Code rather than enforcing it. We do not believe that this sets a good precedent for legislative action in our town. Roof signs are also prohibited in our current Code, but permlt~ted in the new Code. We are extremely concerned that as a result of the above-mentioned problems, this Code change may actually lead to worse conditions, rather than better. Will we see our hamlet streets strung with hot pink neon and blazinq signs announcing to all the world at 4 in the morning that the shops will ir~deed be open at 10 a-m. Who will benefit from such advertising other that LILCO? Certainly not the Pg.21 - PH LL merchants who will have no customers left in a town that has lost all its charm and beauty. The only way to prevent such an outcome is through enforcement. The new code does state that, garish colors, and materials should be avoided, and that use of material such as corrugated plastic, natural aluminum, bulbous plastic letters should be avoided. If these sections of the Code are enforced, it would be difficult to erect the most horrific examples of neon and internally lit signs, some of which was already have here. Historically, code enforcement has been the weakest element of Town zoning. When it comes to signage, business owners have been expected to police themselves, while residents have been encouraged to complain about their neighbors. I must tell you that in recent weeks I have begun to hear the refrain, therefs no u. se in calling the Town, theyfre all in on it. Unfortunately, we can now see on the Main Road in Cutchogue and the North Road in Southold exactly how well such a policy has worked. While 90% of our business people may cherish our community and respect it's rural character, if even 10% choose to di.sregard the law, our country roads can quickly turn into ugly eyesores. Soon that small percentage will grow as short-sighted business owners believe that the only way to compete is with a bigger, brighter sign. With these issues in mind, we ask that you seriously ~oncern yourselves with enforcing the Code. Whether or not this code change is passed, enforcement is the only way our rural character will be secure. Don't put the burden on the townspeople to register complain~ against their neighbors. Take on the responsibility that is rightfully yours. Prove to all of us that this Town Board is not in on it, that in Southold it isn't a matter of influence, it's a matter of law. Let's add that characteristic to all the others that. make our community unique. The North Fork Environmental Council hopes that you will pass this Code change, and enforce it. Thank you. SHELLY SCOGGIN: My name is Shelly Scoggin. I~m a business owner here in S~uthold trying to make it with another winter coming up. It is tempting to put out big bright lights, if you think it will attract more people. I honestly don~t believe that's the answer. I think keeping the rural character, keeping the beauty of this town, will bring people here to come, spend the day, spend the weekend, shop, browse, and enjoy the atmosphere. If they wanted it to look bright, and if we lit it up to attract people, there would be the same thing as if were in Rocky Point, or Riverhead, and Ifm getting nervous. I care if there's a 12 foot bowling pin in Mattituck, and I don't know what is going to be done about these kind of things, but it's, you know, it can start traveling eastward, and I~m concerned. Please, enforce the law that you do put into place, and help us to keep this rural character, because once it goes I don~t think you can take it back. Thank you. SUPERVISOR WICKHAM: Are there any other comments from anyone in the audience, who would like to address the Board on the Sign Ordinance tonight? ROBERT SCOTT: I had no intention of speaking this evening, Mr. Wickham, but, and I understand that there is a lot of good intent put into this. Number one, I wouldn't be in your position for all the tea in China. Number two, as a business owner I do recognize the need for lights, as other people do. I know it's a lot proliferation of light, but I don't llve in a hamlet. I live outside the hamlet itself, so that doesn't bother me. If it bothers Pg.22 - PH LL somebody to llve in that particular area, maybe they should move further out from that area. As far as proliferation lights in the town, and the 'limiting of lights, I thought we talking on signs, and materials of signs, but we might as well go on to that, too. Lights, I don't enjoy paying for it. I've said it before, and it's just a rehash of What we've gone over. I don~t have to be in a position now, where I need the lights on my sign, but '1 do recognize the need for a light on a sign, even after your business is closed. To go into a town, and see every light off in that town, with nothing lit in that town, doesn't leave much of an impression on me when I go through it, and I heard someone say, if you see the light on, then I think you're open. At twelve o=clock at night to see a jewelry store open is not wise for someone to say. I don't have any notes, but I just want to let you know, that you're doing a fairly good job, and yourre taking a fairly good amount of heat, and if there is another poll put out, if we included the businessmen in that poll, I'm sure youfd see a different light on that, too. SUPERVISOR WICKHAM: I'd like to declare this hearing closed. Judith T. Ter~y~--~ Southold Town Clerk STATE OF NEW YO'~'~') ~ ) SS: COUNTY OF SUFFOLK ) ~of Mattltuck, in said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, publlahed at Matfltuck, in the Town of Southold, County of Suffolk and S~ate of New York, and that the Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for I weeks _ ceasively, comme~l:l~g on the ,.~"/ day of i§___~ ~HRISTINA VOLINSKI · ~lll~ Public, State of New Yodt No. 5004884 Prindpal Clerk ~ualJfied in Suffolk County ~Commissio~ Expires November 23, 19--. NataryPubllc Sworn to before me this day of 19.__ ~' NOT/CE OF ON LOCAL LA~V . PUBLIC NOTICE ~S~EREBY Sou~old, Suffo~ Count, ~ew Y~, Southold Town.Hall. M~ifi~,~- Sou~ld, N~ Yo~.o~ ifi~ ~ N~m~r, ~, ~t 8:~ P~, at BE~A~D.~e,~°~nB~ ' - · .' ~>' ' · , . ; - · .~ ~- · ~., '. · · .~ ~tenumbe~e( i00-3IC(9):' ', DF.E_I,tU~I~.h~.<5/!~N- -.Am: u g.-SecH~nt0 =42(C)(1)iSher~by: (~)~ yu~s~tf~ lows: ~ ~ '~;~7i' deleted ~iU ~fi~e~. ' ~e ~a of su~ piate ~ - ...................... (2) ~n s~h $i~ ~ngistg.~l~ ...................... ~vmhois nf the ~) !)~ '" ' ~-~e~ .... ~ ............. ;.-....: .. ~.... _, fi~. , ~ ~ TT' yC'---~;CL-yZF ~-. ~ -. ~ '-',.'j~ ~ ..... 7'-- .............. ' ~:~ '- 4 ~on 1~-31C(2~)~ ~ h~by re-leRem~ = ~' - ~' ~ -' ' · " =- ' ' &le~ in i~ 9n~-] of -.~ ........_-, -~---- .cz:~ ~--=h--- ~. ! ........ ~ ~' ~, a~ ~y deleted in their .... '---- -[-~-. ~5:_z:: ,".~) f~_! by ~.amb~ lO~lOIfC~2). ]9. S~fion 1~1 I I~Cg2) ~ hereby 20. Section 10~'121(C)(2) {s he.by 21. See~ons 1~-131(C)(2 and . ~ ~by ~l~ed in their e~g- ~e ~g~s, ne~ page ope, Q) sign. to a:v,6~d~cieUcr. F. A sign should llpi impair the ~q~ual effectiveness of nalgh- G. Garish co!ors-and,materials sh, ou!d b_e a~oide0, H. S~igm which haiti dark back- l~mund coims a~rJ hght letters ag p~fen-.ed in o~er m mini- .rgi~ the apparen~size~f signs within the L Generally. aigns,,on the same building shou d ~ ,within the same hofizontahband and be of a s~mdar height. I. Except in car~[u}Jy designed circumstances,, signs should be Integrated with fences, walls or buildings and rm be fi'eestanthng. K. Sign materia(~should be durable, requiring little main-' tenan¢¢; usc of material such a~ COlTUgated plasnc, natural aluminum, bulbops p]asfic let- ters nontexmred, piaslic and glass die should ,be avoided 29. Section 100-203 '(Prohibitions and general msl~ctions) is here- by amended to m, ad as follows: A. Unless othervg{ge provided herein, nanacce[ssory signs, billlmards, .off.n~mises si_cms and mobile signs,shall be pro- hibiged ia all dist~cts B Fishing signs inc mi ng any which the artificial light is, not manmined S.mtionary and constant in inten~i~ and color at all times wheg in use. are prohibited. . C. Signs which co{opete for at- taken t'~r a tra .f~c signal are prohibited. No sign' shall be obstruct free and clem- visibn for drivers interfere wilh mislead or c~nfu~e traffic or be .located wl/~'by reason 0f /ts position, shape or color, ' glleh sign ma~, ifiteffere witll, obsteaet the view, of or be con- Fused with ahj~authorized traffic sign, gig ~n~.l or device by mak'ng m~ ~¥ he words ~stop', "look" ,~r any other word, p~ase. :~i~boi or char- ~be?placed: on any , ptt'~ata~pro~crty without thc conse[lpi~f the owner thereo/ No sign shall be placed or palmed on any tree ar rock. No sign shall be pieced on any uglRy pole except for utility identification or similar par- gnses. 30. Section 100-204 (Limitation content or copy) is hereby mended to read as follows: Information displayed on signs sgail be limited to the name, adopted~o read. as follows: th~ total ~ I ~llow~i. rectory Si~fi~ One directory i '~:,: J,:2::h he-:' O,,l-~lll~:ll.l . ' t ~c~l~erl~e~.~ the ~i~ , ,,;t~'t~ th~doom] of COUNTY OF SUFFOLK STDTE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAn[, a publ ic newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Wa.t chman once each week for / . weeks success' ;e!v,~ ~ . commencing on the Swo .~p~ to before me on this ...~.~. ~...day of .......... .~.~.~.,?.~. ~. ........... ~ ~ ?? Notary Public BARBARA ,% SCHNEIDER NOTARY PU~PLIC, Sta~e of New York No. ~1.806~46 Q~ali~[ed ~n Suffolk Comity Comm!ssion; Expires ~/31//~ LEGAL NOTICE · NOTICE OF · pUBLIC ItEARING :' o~q COC~L L~,W vunLiC:' ~0Tmi~ is ~E~By-'GIV~ ~at !here has'B~n pres6~edt° tko Town Bo~d OftheT0~ of Sou~old, SUffo~ Com~, ~w York, ~e:6~ ~y O~Sep~er, 1994, a Local Law :~nfifl~ cai I aw i ~ RelaUon m S~.. N()IICC IS FT'RI' GIVI N-~hai Iht Town Iloord of .he. I'ox~n o~ Suufltold will hold a pubhc tearing on Lhe IH'o.'e-lid [.()g~tl L. dX¥ al somhold I'ow~ 1Iai!. Main Ihe 15Ih dx) of October. 1994.'at 8:1i5 P.~I., lit which time zll i~erc,lcd'pel',on~ will [,c hca:rd. · .:ifi:~lati(g-to Siins~v[eads ; TolIo~5 .... '' % ~' 'BE iT.~AC~.D, b~the I chapter 100 (Z°Bin[/ of kL)m hold i, hcl'dta~ alh,qltled fol.m.s. ' ' - IN'I'I:N I' - Ihic orclinanc~ i:, i:~tgi(icd m Ol'~auiz~ au6 ~il~ · ~1~ II1[) . - Ii ~ ~ ~im~ Ik, liti[~ and size. ~ t.o permit roof signs, directional s[g~. s: contractor signs and sub- ' diwsmn signs. This ordinance ' . I is adopted pursuant to the ,' own s pohce~power. 1. Section 100-13 (Defmi- tions) is hereby amended bv a:dding thereto the following:' ~ OFF-PREMISE SIGN i A~v siam that idantffi6s, adver- tises re:calls attention t~ a busi ness or activitvtak~l~lace on ' rPJ-~ert~than the nrc , m/ses o..n~vhich the ~i~n i~ I_o ' i c_ated. [5. 2. Sect/on 100-13 (Defini- , tions) is hereby amended to i( read as follows: SIGN AREA - Includes all faces of a sign, measured as i' follows: (l) When such sign is on a ' ~ plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included. (2) When such sign consists only of letters designs or fig- ures engraved, painted, pro- jected or in any manner affixed on a wall, the total area &such sign shall be deemed the area- --~ .......... :1, t~haI enco_m~ ap~.~s all the etter and.~swh- bols of the si_~n, toeether Wit~ the area of ~ound o.f a color or material different from the eeneral finish of buildin whether alnted or a~l!!ied~ 3. Section I00-3lA, (2)(aX2) is hereby deleted in its ' enth-ety. ' a~.~e. ~. ~ ...... {on ~ 2 IC(9~. 4. Section 100-3 lC (2)(h) is hereby deleted in its entirets,. (4b) Fcr~4g~'=ns' ~8ecti~n 5. Sections 100-31C(2)(0 and are (J) hereby re-lettered (h) and (i). ,,' 6. Sect on 100-3lC(9) is hereby deleted in its entire 7. Section .IO0-3lC(IO) ~ heTeb?-~enumbered 100, ~ '.' ~. Secdon 100~2(C,O)is - h~eb> ame~ t0 read asf°l' 1) ~cce~sOn' U~es as set ~6~h ~ ~d r~lat~ bs; Sec- and ~ Come~mion D~c~ ~d sub- m ' ~j , iecr to ~ S}cfiou't00:33 the~eoL ~ ' 9. Section 100-42(C~(2) hereby deleted ~ its entree'. - . _. ,'~ 14. Section 100-71(¢) is hereby renumbered !00-7 l (C) (2'). ~at 15, Section 100-81(C)(2) is hereby deleted in its emirety. .;~o...,k~ +~- u..:~,~:.,z: .....~d a~ach:d tc er [ncc~erated ;- foot ku total area for each her/ zonta] feet cf such ':,'at!. (3) Exceed three (3) ~'~+ ~2 16. Section 10O-9t(C)(~) and (~) are. hereby deleted their entirety. 17. Section 100-101(C)~2) and (3) are hereby deleted ~ their entirety. q ~ here~b~.:'am ended fo read a~ · ~; :D..The ~ldmg nspecror r' kom the-~m~e re u' ,-Iojs me~s ~md s~ ~ ~s cb,iron. .... he eof ~ 9oas liaed in ~'100:203 herein. ~ are h~reby'del~ ~ Eyrie s[o ~oe' not com. a cai de:~ prmc~les) ~gumoea ov .... ~. SJ~s shoed be a ~or- al(narC ~a~ot-~he J&ee~ ' e ;.C] Si~ s~o~d be ~ close to.~e ~o~d~s po~qb[e, cob- s~stem ~th re~uked ~'~d D. A si~ should have appro~a~s~e [elado~hip the 56~dinb Upon . .. ~henet,~ ~iPJ~ ~s s~}d be'comb~ S m~0 qne ¢ I) {i~ to' hvoid elm- q ~ neighburin~ §i~ns. : ~; JG~,13~fislvcolors and m, ate- ~ rihls sliOuld be avoided. ~ H. Signs which have dark b_ ~; backg~:ound colors and light '~ I~tters.am prefen'ed in order to !}'minimize the apparent size of a_ i' signs within the srreetscape. ::~ I. Generally, signs on the si !~-}'c,,: :iz:_ .I-,- jl.lb.: within ]-.: 'hn .' .'.r,-'.r.l~ [sifd alld 'r '.~". ~- EXcept in carefully de- b 'i~-:Sianed circumstaaces, signs l~Shou.ld be intsgrated with :~ fences, walls, or buildings and Ii '~" not be fi'eestand~g, b, ~ K. Sign matedal should be [ durable, requiring little main- ~ ten.race: use of material such ~ ~ as corrugated pl,~ric, namral~ ~'-aluminum, bulbous plastic let- Si .[ t~rs~ nontextured plastic and t_e .[)igla~ tiie shOuld Be a¥oid4d. ~.7._ jg:.s~ction.100-20] (Prohi' t_~ . bq,,:,c.i m._/t.-er_,:~r.i! ~eii*kO,,r,_:'~ ~ 'A. Unless otherwise pro- ~:~id~a~ herein, no~accessonr ~'[ ~ghs, bil]b0ards, off nremise )~and mobile signs shall be to }!.'p-rbhi~ifed' {n ~fl thslricts..n_~ 5 :B~FlaAhingsigns, including }~/ny sign o¥'attra~t ton dewce.on c_~. } Which tho artificial ligh~ is not *~ taaintained stationary and con- {'.stant in: inten~i¢ and ~olor at i:~ll tim~s v~r){n in Use, are pro- i:':hlb'ited-.' . t C. $ighs'a, Kich compete for aaenfion with or ma> be mis, ~ taken for a traffic signal are i proh~ited_ No sign.sm be ' erected in _-uch manner as to ';t0~ [ obstruct fi'ce and clear xfsion · for ch'ix ers inter fe 'e x~ ifl-t mis' [ lead or confuse traffic or be tocated ,,,here by reason of its: lYposition, shape or color, such , sign ma)' interfere with. ob~ .:~ sa'uct the ~iew of or be con- i:fused;with an7 gutimrized traf- .of 'i. fic sign, Signal or 'device by ' ri~ ['.making use ofthe ',~ords "stop," ~ ~lo0k~a of }~nS[ other word, [.~l/rase,'symbol or character or in .:red,' ~0en or ataber illumina' ':il!' - (ti0n. or reflection, li~ /2 'D} Balinon~ or other eas- ~th~ ',.;filled' flames Shall be t~rohib- ' -- [:ired.- - : ~ - ~ · :, E. Permahent exterinr signs . aA ~mad~. out of cardboar~ paper, ; C~,:~as 0r similar impermanent [ matedal are prohibited. " hihJ~,'d. . ,- ..,~ ~h~ ~ } h~oB~.~dedtO read as ! ~ . ~;;~s"~hall be l~mCed to the ~ ' t~e-b~tding or premises · u~ed. .' - ' . ~ :' 31'. Section .100-205 ~{fic~e~lafi6~) is hereby de- l ' ~i~ i~ Cs en~e~ ~d a new I ge~tion '100-205 (Specific . ~ Si~s) i? her.eb~ a4opt~d I" ~" re~gsfollO~S: .' ; ~ .,,- . _. ; ....... .?,,~:.4.~ _- pAGI~ TWENTY Legals . · COltgittt£ed froltt Page 19 Island or of animals ~ai~ed on ~' ' the'prem/'s~S and die nam* of the I"afn. ehrden or nurser5 ' ~ D. Fr~esta~lin'~ signs One }ii fi'eestanthdg sign/sallowed ~'or · ~ . each frbnm~e: on a oublic sn'eet ~'~: 'or w,rv sub-~&i to"~he foiio%%- 'J: (I) leree~andin,_; si~s' :' lira ired fo either oc, te si~n~ ~ ith ~:: n~mJ~ affixed to a'fence or ~ other Wall seoam[e ~om ~ ,' principal ~ildh~g. :~" f21 Alt'~eesrandin~ si~s i{: ' sh~ll be located ~i'irh~n and not ,}~': m erhang file ~o~m :,.s ~stmh Sm~s ~ha}l ~oi .or&senL. a hazard ~o pedestrian or ~e- " hicular ~ffic. [ :: Or d0nbie~faced .md 7qaare :~ l~a~e uHI be'oalc,alated . ba~ed on one : .J5~ The sion s'hag'bc set ~qk not'leas that~ fi~eel~ ( 15 " feet frmn the oa~ emem 0f fi~ ,,, ~St feet from the s~deu~ ' ~ ' n hichever is ~reater Under no c~rc~mstances shall ~e s~n placed in the public fight-of- on)) bu~incu cofi~c~d on pre~s~', wh'igh shafimean all comi~houk p?o9~,- ~n qom: : 1'7~ ,~h~ ~"'shall be'nor , ~b th~ ~4en~ =four ,. sqm~re [~mi. ~be hpp~r ed~e of ~{hich mas' no~ e~eud more ~ound. ~ · ' E H~ar0ric si~s.'.~ sign ' an ,histofc sig.n iE it e~isted 'prior t6 l¢70 ~d has'not be : nifigmtl,, a~t~ed since then. ~en ~e ~storic na~e of the '. ii~n'h~ b&n esmblished to ~e ~apsf~c0on of~e Bml~m~ ln- ~pe~0r. he ma~,' ~llow the re- qonstruCtion, regaL. ~hd tenanceoghistohc si~s for so 10n~ ~ the si~ maimtfins ~he ~ginal qi~e, aooe~ance and (~q~ition, . F. ~iffom~afional. Direc- which store oben. closed, b~i- '_sL~,~ sh=l] bc ?'m=ximum of there 63~ sq~ f~. in si~. ',~r can~s. A permanent '~'~in- do,a ~n or combinafibn of signs shall ~ot cover m~re ~an '~'~er~en~ ('h~%l of the total ·lass ar~ u~ofi'i~'hleh, or in 'dt~e~& I0~,; of thd' w~ffdow '?~ace. k.shall b~ ~eat~d' as' a 5~l'si~n ~d% ~bject to [he th~r~. cifi~.Si~ R~{~remeits) '~'~?~By ~dded to '~ea~ as lbt~:' , ' ' ' ' ' 7be~.a~ow~-m the Red,denim '~ea of ~eTown. whic~ shall ;~clude i~ a?e~ z6~d A~. R- 4o.~-m. ~q_o. a-~o. ' ~'."~F; 'Not m6re 't~nn nvO ~a~edia~s riot to exceed t2~ squ~e ~eet in ~. ' 2 One (D si~ ident~'~g - tg~ r~sidential neighborhood n~ m~e than eiohtcen 18' sflu~e-feet ~ area', located not <l~sg ~an l 5 feet from ~e s 3. ff the ~propfiate ~ircum- gtances ex~st there may be a rkal eg~te. ~bdix4siom eon- ~ Such other si~s as may be ~horized'~ v~ance 'b~ the Zo~ Bo~d of Appeals. '~. ~e follo~g ad~fional gion sMl] ~ aflowed ~ ~e A- C zone: e~ shall baa~oiv~ tohave the. g~-a~owed ~ the B~iness elude'ali ~ea m~ RO. alte~atlv~: ' { - m A ke~tan6in~ ~ign: b A bus,ess center dEec- 'd.'A ~aH si~ or a r6ofsi~. '3 lf~e approDnat~ circ~ ',mddes exqst there may ~ a real estate, suba~sion or con- ~ataor sign. ' 4. Such other siens ~ may Da a~orized ~ a v~ce by n'omage f'.acino~ [he i,. aten'ron~ area ~l~e~ see, e. · .L 33. Sect/on~~ 's fi f~e' '~'b'a'~'d0r~ edl an d ~nla. wfi d s~.ns) is.hereby :deleted..~Z~"ii~q 'e~ti~'rett, and a n~w Sectioh I O0 206. 'CSi~n' il'i~m ifid~6'n hereb~ed ro read as roi- . -- ExC~rovided be~ ,~. ~ 4i~ max onk be lit from ~ exaer~al S~e. The 5~urce may be abox ~or b~low the s bu~ mbs~ be shielded so ma~ t~ ' ' ~om ~'~cenxs~eets or ~ ~~a~ ~he dlumina- Ibn is cone6n~ared on tb~ s ,~n. B ~Iv rr~s ~n~ine. bu~i ~ .. ness ceitt~ and wail ~ i~in shbb~in~ ~emer or jn areas zoned Ha~le¥ Business ma~ b, ~ intemallx'- illuminated An .~e siefi which'is CaaaSie of iIl~ad6a m~minu~: in u~ ~ ~her'z~ie~ ~fth~ I h ~e no[ ~F~d op_.~otl] neon '~d intemalk iflumi,ar~ are. ogS~n~s~ prohi~ea- - ~-'Ffi~n ar n~r~r~ ~m~. onls bb i ' -D.--W~n~ce~a~ s ~ d ~liau~ ora si~ illfi~ina~ed m.e~cm~l~ ~omm~desha : ~e fi~e upA~er~ aad b~ ~e~o~date ~m~ sig ,: 3~ Se~on I00-20~ ~Con- ~uanon of eXi~ :ii ,ns Y is ~:a n.Sw. Sec~ion .i00-20~ · Unsfi~'~endoned 'and la~)%l s~s.)is herebx added t6 ~ead.a~folb,ws: ' A.~Ihe o~ ncr'ora sbn ~nd Ih~ ox,~er ot the pre~¢oo rff~ic'h such s ~ ~5.loca~d shali be iointl~ liable~ to ' n~oa so~fc~ ' '" ~tu'~ 'c'o~nsi.on. or 'd~en~x6iion in th~ ',~a~ce of ~x df such ' ' :~' If the ~g fns~ecmr :.shal. l t)n~ ~h~an~ .si0n-re~. ~ed:rdet~dom~ed or a menace to ~h~blic or~a~ :be~n ~ed ~lado80f&e ~hall,~ vewn~e nodceb~cCr- Io~ted. ~ s]~ot~ on th~ la~est 'a~ ~B'anounenanc~ shaU b~ ~x~mer ~qnl or oerma hay.rog ' th6'behEfimal use of ~e bml~ . *~ I~ec[or.U~on th~ failure~ } -~ompl'i ~Gth such ~ce ~ t~im~soecified therein, t~ ~ldink 'Inspector is autho-~c; ~d to.remove or qause the ,~ iemox h[ of such sign at the ex-... ;ueh remox al. all cost~ and e ~[ ~nseg incmea b d'e t°m f~ ~' th~ removal aad storage of}a~ .[ ,.~locgted. and a smfement~f seuted to the o~r, er of~e land. If snch statement is not ~ pr~entment, the B~fildin* h- wi hrhe Totem ~s~ssom. iden- tion whh which such exoenses ~2ere incurred an the t~ereof as ~ho~m oB the lams[ aa~ssment roll of the The ~e~aorq. m the prepara- won of [he next a>ses}~ent roll. shall a~sess s~h ~nV. sdch' amoun~ ~hall b~luded in th*qe~Y a~amst such pro,em', shall c~mfimte a li~n and shall b~ ~o[leqte4 ~d etfforced h the ge~in~q at he sine t~e and ~der the sine peffal~' as is provided bs aw ~ ~e collec- tion and enforc~meht of real p~ope~' ~xes i~ th'e Tow o~ removed by the Bulldog h',- ~[or ~ herein before pro- ~ id~d shal not be'.pemfined to redeem such s ~ ~fil all ~ been paid. C If, the detem~on of ~n ~me~ate~[ to oersons. aha vq ~umu~ .t ~0tme; !ne cost oI such i'~m0~rat shall be paid by the tokyo. ~and such amount shall be~ ~ud become a lien unon the prelhises in question and shall be levied and collected in the same'manner and under the same penalties as an assess- ment of a public improvement. 35. Section 100-208 (Tranr sition.) is hereby added to read as follows: · For a oefiod of six (6/ months after adontion of this ordinance, a ~erson may obtain asien permit for a sign which 'conforms to the provisions of the newlv'adovted code or the prior repgaled ~ode. Thereafter. a sign permit may only be is- sued for a sign which conforms t? the provisions of this code. 36. Section 100-209. (on- conforming Signs.) is hereby added to read as follows: Any sign which holds a per- mit ~under the nrior renealed code but which does not con- form to rite provisions nf this chapter, shall be deemed a non- Conforming sign. A non-con- forming sien may be continued, Without enlareement, recon- struction or relocation, until it loses its nonconformine status : ~ tlirough the occurrence of any r ~i ofthese events: ii 1. The non-conformin~ use is damaee or deteriorated so that the cost of repair or re- placement exceeds 50% of the · i oriainal value of the si_v_n; 2. The business ~vhich is served bv the non-cooformin~ sicm changes to a new use or service (i.e.. retail to foodl. . 3. The bnsiness which is served by the non-conformm_ sien has been discontiaaed for a neriod of two (2~ ,,'ears or more. V,'nen a si~n loses its non- conforming status, it shall be brought into compliance ~x ith this code and obtaia a new per- mit, or it shall be removed. 37. Section I00-281 (J)(l)(g) is hereby deleted in its entirety and a new section 100- 28 l(J)(l)(g) is hereby added to read as follows: minim'am f:: af :;v:nty five da!latz ($25.) (el The ~ermit fee for all .I ...Obit ( )ctober I g, Iq9 I, .11 I).1 HI I. II.RRY ~ ~.()( 1 i lOI I) '1'¢)\~,'\ ('I.I'.RK I · \.lcmor k.~ . lame. I)e¢onic. belinnin~ a~ : I 2:00 p.m. I o- I'uHhcr h~Jbm~alion. In Iku of ilow~r~, aona- &mcricm~ Cancer S~cicl¥. ':'; -!' "SouTHoLfy:' Xla[Hlcw~ 'S, lo,.L 104, ~i' . Somhold. dieti Ociohm 1¢. 1994 ~ ~l~c One(mia Nnr~in) I lume, One(mia. N.I; Sh~" t~a~ born No~. 2~. I~h9 in . Bmokl~ il. N.Y., :he duut, h,~'r o1' k/el IX. nni~ Mudllcw, 'gh~' nlaH i¢cI gla~llOn ~Oll on .~u~'~h~ 1'2, 1911 ;~ "Ihe Mfiple~". gmLd~old. Lh~ ' I'uH~er..kLfne~ MaHhm~. ' ~l~..~ieH'pred~'~-ed her . in'Oc..'.1969.':~ d~d a