[HISTORY: Adopted by the Town Board of the
Town of Greenport 5-4-1994 by L.L.
No. 2-1994; amended in its entirety 6-1-1994 by L.L. No. 3-1994.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A temporary sign composed of cardboard, cloth, canvas, fabric
or similar lightweight flexible material and securely attached at
four corners to a fixed or rigid surface or other structure.
[Added 4-6-2011 by L.L.
No. 1-2011]
Any sign, other than an exempt sign, which advertises or
otherwise directs attention to a business, commodity, service, industry
or other activity which is not, or is only incidentally, sold, offered
or conducted at the real property at which such sign is located.
Any structure intended for shelter, occupancy, housing or
enclosure for persons, animals or chattel. When separated by dividing
walls without openings (e.g., subdivided for tenants), the entire
structure shall be considered one building. This term does not include
an accessory building, which is subordinate to the main building and
is used for purposes accessory and incidental to the main use (e.g.,
for storage).
[Added 4-6-2011 by L.L.
No. 1-2011]
To build, construct, attach, hang, place, suspend, or affix,
and shall also include the painting of signs.
[Added 4-6-2011 by L.L.
No. 1-2011]
Any separate face of a building which encloses or covers
usable space.
[Added 4-6-2011 by L.L.
No. 1-2011]
A sign, other than a billboard, which rests upon the ground
or is mounted on or supported by at least one upright, brace or structure,
other than a building, which is situate in or upon the ground.
A sign illuminated in any manner by an artificial light source
of any kind, either detached from the sign or a part thereof. Signs
that are only incidentally and indirectly illuminated as a result
of a lighting plan primarily designed as security lighting or landscape
lighting are not illuminated signs.
[Added 4-6-2011 by L.L.
No. 1-2011]
A sign which is situate entirely within a building, regardless
of the extent to which it is visible from outside the building.
A parcel of land which is the following:
Shown as a separate lot on a subdivision plat
which has been approved by the Town Planning Board and duly filed
with the County Clerk;
Does not adjoin any other lands the title to
which is held by the holder of title of the subject parcel; or
Separately assessed for tax purposes, has a
developed access directly onto a public road and such access is not
used for any other parcel, and the parcel is devoted to a use which
is independent and distinct from any uses occurring on adjoining parcels.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Added 4-6-2011 by L.L.
No. 1-2011]
A sign designed or constructed in such a manner that it can
be moved or relocated without any structural or support changes, including
signs supported or mounted on a motor vehicle as defined in the Vehicle
and Traffic Law of the State of New York.
A sign legally established prior to the effective date of this chapter, or a sign established after the effective date of this chapter if such sign was approved prior to the effective date of this chapter by the Town Planning Board in connection with a site plan approval under Chapter 101 of the Code of the Town of Greenport. Any preexisting sign which, as of the effective date of this chapter, does not conform to the regulations contained herein shall be referred to as a "preexisting nonconforming sign."
A sign, other than a billboard, which is affixed to a building,
any portion of which sign is situated more than four feet above the
upper edge of the wall of such building to which such sign is affixed,
or erected, supported or painted on a roof over any portion of a building.
Any identification, description, illustration or device,
illuminated or nonilluminated, which is visible from any public place
or is located on private property and exposed to the public and which
directs attention to a product, service, place, activity, person,
institution, business or solicitation or any logo, painting, or placard
or temporary sign designed to advertise, identify or convey information
that pertains to a product, service, place, activity, person, institution,
business or solicitation principally located or primarily manufactured
or sold on the premises on which the sign is located. "Sign" includes
any structures and supports by which the sign is affixed to a building
or the ground.
[Amended 4-6-2011 by L.L.
No. 1-2011]
The largest area of the sign visible at any one time from
any one point enclosed by a single continuous perimeter including
any framing or trim enclosing a message, but not including any structural
parts lying outside the limits of such sign which do not form an integral
part of the message display. The sign area shall be measured on only
one side of a double-faced sign provided that the two faces are parallel
to each other and provided that the faces are the same size and share
a common structural support.
[Added 4-6-2011 by L.L.
No. 1-2011]
The vertical distance between the base of the sign at the
nearest natural or finished grade to the highest part of the sign
or any attached component.
[Added 4-6-2011 by L.L.
No. 1-2011]
Any sign, including a banner, that is easily moved from place
to place on a stand or A-type frame having no permanent attachment
to the ground, building or structure. A portable sign is not a temporary
sign.
[Added 4-6-2011 by L.L.
No. 1-2011]
Any sign which is attached to a building or other structure
and extends beyond the line of said building or structure or beyond
the surface of that portion of the building or structure to which
it is attached.
[Added 4-6-2011 by L.L.
No. 1-2011]
The sign setback is measured as the perpendicular distance
between the property line and the outer (leading) edge of any portion
of a sign.
[Added 4-6-2011 by L.L.
No. 1-2011]
Any sign that is used temporarily, is not permanently mounted,
and/or is constructed of cardboard, cloth, canvas, fabric, plywood,
or similar lightweight material. A portable sign is not a temporary
sign.
[Added 4-6-2011 by L.L.
No. 1-2011]
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or side wall of any building or other structure so that
the display surface is parallel to the plane of the wall. They shall
advertise only the permitted use, products or services on the premises
on which they are displayed. A wall sign shall include canopy signage
associated with gasoline service stations and shall be limited to
name and company identification and/or logo. Awning signage as well
as a fence sign shall be considered a wall sign. A wall sign shall
not include a billboard.
[Amended 4-6-2011 by L.L.
No. 1-2011]
A.
Exempt signs. The following ground signs are exempt and allowed without a permit, provided that no such sign shall violate any general requirement set forth in § 102-9:
(1)
Historical tablets, markers and statues, memorial
signs and plaques.
(2)
Flags and insignia of any nation, government or school.
(3)
On-premises directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits and similar signs, not to exceed four square feet
or six feet in height.
(4)
Nonilluminated warning, private drive, posted or no-trespassing
signs, not to exceed two square feet.
(5)
Name and number plates, identifying a residence, not
exceeding two square feet in area.
(6)
Temporary merchandise sale signs for garage sales and auctions, not
to exceed five square feet, and for a period not to exceed seven days,
except that "Going Out of Business" signs shall require a temporary
permit obtained from the Code Enforcement Officer for a maximum duration
of two months, which may be renewed by application to the Code Enforcement
Officer for one additional two-month period. Temporary merchandise
sale signs and "Going Out of Business" signs shall not include banners.
[Amended 4-6-2011 by L.L.
No. 1-2011]
(7)
Temporary nonilluminated for sale, for rent or real
estate signs of a similar nature concerning the premises upon which
the sign is located; for a property used or to be used for residential
purposes, one sign not exceeding five square feet; and for a property
used or to be used for a business or a commercial or industrial purpose,
one sign not exceeding 32 square feet and set back at least 20 feet
from the edge of any public street or other traveled way. All such
signs shall be removed within three days after the sale, lease or
rental of the premises.
(8)
Temporary directional signs for meetings, conventions
and other assemblies, not exceeding 12 square feet, for a period not
to exceed seven days, and set back at least 10 feet from the edge
of any public street or other traveled way.
(9)
One temporary sign not exceeding 32 square feet, listing the architect,
engineer, contractor and/or owner or a sign drawing attention to the
opening of a new business, such as a "Grand Opening" sign, on the
premises where construction, renovation or repair is in progress,
and set back at least 20 feet from the edge of any public street or
other traveled way, provided that such sign is removed not later than
seven days after the issuance of a certificate of occupancy or compliance
for any such project, or the opening of the new business, whichever
shall occur later. In the event that a certificate of occupancy or
compliance is not required, such sign shall be removed no later than
seven days after completion of any minor renovation or repair not
requiring a building permit, or the opening of the new business, whichever
shall occur later.
[Amended 4-6-2011 by L.L.
No. 1-2011]
(10)
Signs erected and maintained pursuant to and
in the discharge of any government function or required by any law,
ordinance or governmental regulation, including New York State Department
of Transportation commerce signs.
(11)
Signs which are an integral part of and advertise
only the contents of vending machines and which are located within
the profile of such vending machines, such as gasoline pumps and soft
drink machines.
(12)
Temporary election signs to promote a candidate or agenda so
long as such signs are not erected more than 35 days prior to the
date set for such election or primary and are removed within seven
days after such election or primary. The Code Enforcement Officer
and/or Town Superintendent of Highways or their authorized agent or
representative is authorized to remove and dispose of all election
signs not removed within the seven-day period following an election.
The Town of Greenport shall bear no liability to the owner or proprietor
of any sign not removed after the seven-day period following an election
or primary for the removal of such sign in accordance with this section.
[Amended 4-6-2011 by L.L.
No. 1-2011]
B.
Permitted signs. One or more ground signs per lot
shall be allowed upon the following conditions:
(1)
The maximum number of ground signs permitted to be
installed on a lot shall be equal to the number of public streets
along which such lot has at least 100 feet of frontage and from which
such lot has a developed access.
(2)
Every lot, notwithstanding anything to the contrary set forth in Subsection B(1), shall be entitled to one ground sign. For purposes of this subsection, a sign structure which has attached to it multiple sign faces shall be considered to be a single sign.
(3)
If a lot is permitted to have more than one ground sign under Subsection B(1), then the following shall apply:
(a)
All signs must be located within 50 feet of
the public streets from which the lot has developed access.
(b)
Not more than one sign shall be located along
each public street from which the lot has developed access.
(c)
No two signs shall be within 150 feet of each
other, even if such restriction prevents the erection of the maximum
number of signs that would otherwise be permitted.
(4)
The maximum height of any point of any ground sign
above the average ground level at the base of such sign shall not
exceed 25 feet.
(5)
Maximum area.
(a)
The maximum area of any ground sign shall not
exceed the lesser of the following:
[1]
Three hundred square feet;
[2]
Two percent of the ground floor area of all
buildings on the lot; or
[3]
Two percent of the number obtained by multiplying
the minimum distance between any point on the sign to the closest
property line with frontage on a public street and the amount of frontage
(measured in feet) which said closest property line has on such street.
(b)
Notwithstanding the foregoing, the maximum permitted
area of any ground sign shall not be less than 32 square feet. If
a ground sign has between two and four faces having interior angles
between adjoining faces of less than 90º (that is, the faces
are back to back or the faces form a triangle or square when viewed
from above), then the above-prescribed maximum area shall apply to
each face.
(6)
No ground sign or any part thereof on a lot shall be within a setback
area of 20 feet from any property line.
[Amended 4-6-2011 by L.L.
No. 1-2011]
(a)
By application for a practical hardship, this setback limitation
may be modified by resolution of the Planning Board, if the following
conditions are demonstrated by the applicant:
[1]
The proposed variation will not merely serve as a convenience
to the applicant, but will alleviate some demonstrable and unusual
hardship which will result if the regulations are enforced strictly
and which is not generally applicable to other properties within the
Town of Greenport.
[2]
The strict interpretation of the provisions of this sign chapter
would deprive the applicant of rights commonly enjoyed by other properties
on the same state or local highway.
[3]
The alleged hardship has not been directly created by any person
having a proprietary interest in the premises.
[4]
Granting the variance will meet the objectives of this sign
chapter and not be injurious to other properties in the neighborhood
or otherwise detrimental to the public welfare.
[5]
The request will be the minimum variance necessary to alleviate
the special hardship or practical difficulty faced by the applicant
in meeting the requirements of this chapter.
(b)
Any variance granted by the Planning Board pursuant to this
subsection shall not be less than 10 feet from the front property
line and five feet from the closest side property line. The distance
from the sign to the respective property line shall be measured from
the leading edge of the sign to the leading edge of the property.
(c)
If, after a variance is granted pursuant to this subsection, ownership of the property is transferred, such variance shall remain in effect and shall be transferable to subsequent owner(s) so long as no portion of the structure of the sign is altered following the transfer. Neither a change in the words or images appearing on the sign nor the repainting, cleaning or normal maintenance and repair of the sign shall be deemed to constitute an alteration of the sign. Where any portion of the sign is subsequently altered, the provisions of § 102-10A of this chapter shall apply and the variance shall no longer be applicable.
(d)
Where an application for a variance is submitted, the Clerk
of the Planning Board shall mail written notice of such application
to the owners of land whose property lines are adjacent to the proposed
location of the sign. The applicant shall identify such property owners
when submitting the variance application to the Planning Board. The
cost of mailing said notice shall be borne by the applicant.
(e)
The cost of an application for a variance pursuant to this subsection
submitted together with an application for site plan approval or site
plan modification shall be included in the applicable site plan approval/modification
application fee. The Town Board reserves the right to set independent
fees for such variance applications from time to time by resolution
of the Town Board.
C.
Illegal signs. Any sign which is not exempt, which
is not a preexisting sign or which does not have a current, valid
permit shall be deemed an illegal sign.
A.
Permitted signs. One or more roof signs per building
shall be allowed upon the following conditions:
(1)
Each roof sign must be contained entirely within the
space defined by the vertical extension of the walls of the building
upon which it is located.
(2)
No roof sign shall exceed 12 feet in height.
(3)
The roof sign may be used only to direct attention
to a business, commodity, service, industry or other activity which
is sold, offered or conducted, other than incidentally, within the
building upon which such sign is located.
(5)
Supports and attachment. All roof signs shall be safely and securely attached to the building roof structure in accordance with accepted engineering standards, as determined by the Town of Greenport Code Enforcement Officer. In no case shall any roof sign be secured with wire, strips of wood or nails. In accordance with § 102-10B of this chapter, together with an application for the sign permit, the qualified professional responsible for the design of the roof sign shall provide a statement to the Building Department that the proposed sign, when installed, is structurally sound and will comply with the requirements of the latest edition of the Building Codes of New York State. Roof sign plans shall bear the stamp and signature of the design professional.
[Added 4-6-2011 by L.L.
No. 1-2011]
B.
Illegal signs. Any roof sign which is not a preexisting
sign or which does not have a current, valid permit shall be deemed
an illegal sign.
[Amended 4-6-2011 by L.L.
No. 1-2011]
A.
Exempt signs. Wall signs composed only of paint or other similar
medium directly applied to a wall are exempt and allowed without a
permit.
B.
Permitted signs. One or more wall signs per building shall be allowed
upon the following conditions:
(1)
Limitation on placement and area.
(a)
The wall sign is affixed to the wall and the face of such sign
is parallel, or substantially so, to the wall to which the sign is
affixed; or the faces of such sign are perpendicular, or substantially
so, to the wall to which the sign is affixed.
(b)
No wall sign shall cover wholly or partially any wall opening
nor project beyond the ends or top of the wall to which it is attached.
It shall be displayed on the building as follows:
[1]
On the front facade which directly abuts and faces a public
street.
[2]
On the facade of a building directly abutting a lawfully established
public parking lot, private parking area, mall or arcade.
[3]
If a building shall face more than one street, an additional
sign shall be permitted on the side street facade.
(c)
Projection above sidewalk and setback line. No wall sign shall
be permitted to be attached to a wall at a height of less than eight
feet above the sidewalk or ground.
(d)
Obstruction to exits, doors, windows or fire escapes. No wall
sign shall be erected, relocated or maintained so as to prevent free
ingress to or egress from any exit, door, window or fire escape.
(2)
Materials required. All wall signs shall have a surface or facing
of noncombustible material or be of approved combustible structural
material.
(3)
Supports and attachment. All wall signs shall be safely and securely attached to the building wall in accordance with accepted engineering standards, as determined by the Town of Greenport Code Enforcement Officer. In no case shall any wall sign be secured with wire, strips of wood or nails. In accordance with § 102-10B of this chapter, together with an application for the sign permit, the qualified professional responsible for the design of the sign shall provide a statement to the Building Department that the proposed sign, when installed, is structurally sound and will comply with the requirements of the latest edition of the Building Codes of New York State. Sign plans shall bear the stamp and signature of the design professional.
C.
Illegal signs. Any wall sign which is not exempt, which is not a
preexisting sign or which does not have a current, valid permit shall
be deemed an illegal sign.
D.
Projecting signs. One projecting sign may be permitted related solely
to each business conducted on the premises, provided that the area
of each sign shall not exceed 12 square feet and the sign is located
at a height of not less than eight feet above the sidewalk or ground.
[Amended 4-6-2011 by L.L.
No. 1-2011]
A.
All nonconforming preexisting signs existing on the effective date of this chapter shall be allowed to continue provided that they have a valid permit pursuant to § 102-10 of this chapter on file with the office of the Town of Greenport Building Department. Such nonconforming preexisting signs shall be maintained in good condition and shall only be replaced in-kind when replacement is warranted due to a maintenance issue or an act of God. A permit shall be required to reconstruct a damaged or deteriorated nonconforming preexisting sign.
B.
All nonconforming preexisting signs that do not have a valid permit on file with the Building Department upon the effective date of this chapter, unless exempt under the generally applicable provisions of this chapter, must conform to the setback requirements of § 102-2B(6) or receive a variance pursuant to § 102-2B(6)(a). The owners of the property supporting such signs shall have 90 days from the effective date of this chapter to commence the application process for a sign permit; otherwise such signs shall be deemed illegal.
C.
Unless otherwise exempt under the generally applicable provisions
of this chapter, all nonconforming preexisting signs not otherwise
addressed in this section that are without a valid permit on file
with the Greenport Building Department on the effective date of this
chapter shall be deemed illegal signs on and after the effective date
of this chapter unless a permit has been issued for such signs.
[Amended 4-6-2011 by L.L.
No. 1-2011]
A.
Billboards are prohibited in the Town of Greenport. Any billboard
existing in the Town of Greenport on the effective date of this chapter
shall be deemed a preexisting sign and shall be allowed to remain
as such, provided that a billboard permit and annual renewal permit
is obtained in accordance with this section.
B.
Any billboard which is a preexisting sign shall become an illegal
sign unless a permit is obtained for such billboard within six months
from the effective date of this chapter. An application for the permit
must be made in writing upon forms prescribed and provided by the
Building Department.
C.
In addition to the permit requirements set forth in § 102-10 of this chapter, each application for a permit for a preexisting billboard shall be accompanied with the following:
(1)
A detailed set of structural plans bearing the seal of a licensed
engineer or architect registered to practice in the State of New York.
(2)
A drawing showing a description of the construction details of the
billboard position of lighting or other extraneous devices; a location
plan showing the position of the billboard on the site; its position
in relation to nearby buildings or structures and to any private or
public street or highway; and its height.
(3)
Written consent of the owner of the land on which the billboard is
to be erected and a copy of the lease agreement, if any, in the event
that the applicant is not the owner thereof.
(4)
If the billboard is illuminated, a final electrical inspection certification
performed evidencing that an electrical inspection was conducted by
a third-party certification agency as approved by the Building Department.
(5)
The current fee established for the same by resolution of the Town
Board.
(6)
Other such information as reasonably required by the Building Department.
D.
All permits obtained for preexisting billboards shall be renewed
by the property owner on an annual basis in accordance with the following
regulations:
(1)
Application for an annual permit shall be made within 14 calendar
days after the first day of January.
(2)
The applicant shall submit any changes in ownership of the billboard or property and an affidavit stating that the same has been changed on the billboard itself in accordance with Subsection E of this section.
(3)
All preexisting billboards shall be annually inspected at the time
application for renewal is made. Inspection shall be conducted by
an individual, firm or corporation that meets the standards and requirements
promulgated by the Code Enforcement Officer. The applicant shall provide
all necessary documents proving structural stability.
(4)
The fee for an annual renewal permit shall be in accordance with
the fee schedule adopted by the Town Board.
E.
Every preexisting billboard shall bear the permit number and name
of the permit holder and/or owner of the land upon which the billboard
is erected, prominently and permanently affixed on the face thereof.
A proper space shall be reserved in the lower left-hand corner of
the permit plaque where the annual permit inspection tag shall be
affixed. This annual permit tag shall be issued by the Code Enforcement
Officer of the Town of Greenport or his/her designee. This annual
permit tag shall be affixed to the billboard by the owner and/or applicant.
F.
All preexisting billboards and their structures shall be maintained,
including the changes of the advertising message, the repairing and
replacing parts and the performance of other acts as incident to the
upkeep of the billboard. Such billboards which have excessively weathered
or faded or those upon which the paint has, or fabricated skin panels
have, excessively peeled, cracked or torn shall with their supporting
members be removed forthwith, or put into a good state of repair.
All nonoperative or broken electrical signs, or components/parts thereof,
shall be repaired and upon completion, a final electrical inspection
shall be performed by a third-party electrical inspection agency as
approved by the Building Department and a final electrical inspection
certification provided to the Building Department, or shall, with
their supporting members, be removed forthwith. No preexisting billboard
shall be reconstructed or structurally altered except as provided
for in this chapter.
G.
Nothing in this chapter shall prevent the replacement or restoration
of an existing billboard or its supporting structure which has been
destroyed or which has been deemed by the applicant to be in need
of replacement. Such replacement or restoration shall be permitted,
provided that the billboard following the replacement or restoration
is to the identical specifications, size, location and appearance
as existed prior to said replacement or restoration. The applicant
and/or owner shall be required to obtain a permit for the replacement
or restoration of the preexisting billboard prior to commencing work.
H.
Once a preexisting billboard has been removed, an applicant has a
period of up to six months to apply for a restoration permit and reestablish
the billboard, provided that the billboard is to the identical specifications,
size, location and appearance as existed prior and on record with
the Building Department. If such a permit is not applied for within
six months after the billboard is removed, then abandonment or relinquishment
of such preexisting billboard shall be presumed, and such preexisting
billboard shall be deemed abandoned and shall not thereafter be reestablished.
I.
The Code Enforcement Officer shall revoke a preexisting billboard
permit issued pursuant to this chapter on 14 days' written notice
given to the owner on record of said billboard for any one of the
following conditions, provided that said condition has not been corrected
within the fourteen-day period:
(1)
Failure to obtain the annual renewal permit within the first 14 calendar
days of the New Year.
(2)
Failure to submit proper information in regard to changes in ownership
of billboards.
(3)
Failure to affix the permit number and necessary information as required by Subsection E of this section.
(4)
Failure to obtain a permit from the Code Enforcement Officer to replace
or restore the billboard.
(5)
If illuminated, failure to provide a final electrical inspection certification evidencing that an inspection had been performed by a third-party certification agency as approved by the Building Department as required by § 102-7C(4) of this chapter.
(6)
Failure to maintain any billboard in good condition. This would include,
but not be limited to, the following:
(a)
That the structure be free from all hazards, such as faulty
wiring, loose fastening or supports, etc.
(b)
That the structure remain safe, secure and in no way a menace
to the public.
(c)
That the structure be maintained in a clean and neat condition.
(d)
That the structure is not excessively weathered and/or deteriorated.
J.
Any existing billboard not licensed or for which the permit has been
revoked under the provisions of this chapter must be removed within
14 days after written notification to the billboard owner and/or landowner.
(1)
To remove a licensed billboard one must first obtain a demolition
permit for such removal from the Town of Greenport Building Department.
(2)
In the event that said billboard is not removed within the specified
time limit, the Code Enforcement Officer shall commence an enforcement
action by the issuance of an appearance ticket to the owner of the
property upon which the billboard is situated and/or to the last known
permit holder or billboard owner.
(a)
Upon conviction of the violation of this section, the reviewing
court may authorize the Code Enforcement Officer to demolish/remove
the billboard and assess all costs and expenses incurred in said demolition/removal
against the billboard owner and/or the owner of the land on which
said billboard is located. Such costs shall be added to the tax bill
of the property owner and shall become a lien on the property. Such
lien shall be prior to and superior to any other lien or claim except
a lien of an existing tax assessment or other lawful Town charge.
(b)
Where necessary, the Town Board is authorized to institute a
special proceeding to collect the costs of demolition, including legal
expenses.
(3)
The Code Enforcement Officer may cause any billboard which is a source
of immediate peril to persons or property to be demolished/removed
summarily and without notice and may access all expenses thereof against
the billboard owner and/or property owner of the land on which the
billboard is located. Such costs shall be added to the tax bill of
the property owner and shall become a lien on the property. Such lien
shall be prior to and superior to any other lien or claim except a
lien of an existing tax assessment or other lawful Town charge. The
Town Board may institute a special proceeding to collect the costs
of demolition, including legal expenses.
K.
Any person aggrieved by any decision of the Code Enforcement Officer
relative to the provisions of this chapter may appeal such decision
to the Planning Board and shall comply with all procedural requirements
prescribed by such Planning Board.
[Amended 4-6-2011 by L.L.
No. 1-2011]
The following signs, including billboards, are prohibited in
the Town of Greenport. It is unlawful to erect, construct, relocate,
expand or structurally alter the following signs in the Town.
A.
Signs without permits. No sign or other advertising structure shall
be erected or maintained in violation of the permit requirements of
this chapter.
B.
Poorly maintained signs. No sign or other advertising structure shall
be inadequately maintained so as to show evidence of deterioration,
including, but not limited to, rotting supports, peeling, rust, dirt,
fading, discoloration or holes.
C.
Outdated/abandoned signs. No sign or other advertising structure
shall continue to advertise a business or project which has been out
of business in excess of 30 days. A sign which is abandoned shall
be removed.
D.
Obstructions to exits, doors, windows or fire escapes. No sign or
other advertising structure shall be erected, relocated or maintained
so as to prevent free ingress to or egress from any exit, door, window
or fire escape. No sign of any kind shall be attached to a stand pipe
or fire escape.
E.
Traffic hazards. No sign or other advertising structure shall:
(1)
Obstruct free and clear vision at any street intersection;
(2)
Interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal or device because of its position, shape or color;
(3)
Make use of the words "Stop," "Look," "Danger" or any other word,
phrase, symbol or character in a manner that interferes with, misleads
or confuses traffic; and/or
(4)
Present a traffic hazard by using illumination resembling an emergency
signal.
F.
Unsafe signs. No sign or other advertising structure shall constitute
a hazard to safety or health by reason of inadequate design, construction,
repair or maintenance and if so, may be declared a public nuisance
and be forwarded to the Town for action.
G.
Illuminated signs. No sign or other advertising structure shall be
illuminated with lights that glare into or upon the surrounding area
or any residential premises or distract operators of vehicles or pedestrians
on the public right-of-way.
H.
Vehicular signs. No sign or other advertising structure shall be
painted on or be attached to a motor vehicle used primarily for the
display of such sign, including, but not limited to, a billboard truck.
This section shall not prohibit the identification of a business or
its products or services on its registered vehicle(s) operated and
parked in a manner appropriate to the normal course of business.
I.
Portable signs. Portable signs are prohibited.
J.
Bench signs. Bench signs are prohibited.
K.
Banners. Banners, pennants, and fluttering devices are prohibited.
L.
Signs of any kind attached or fastened to public or private utility
poles, state, county, municipal, government or historic sign posts,
or any other such structures, located on public or private property,
or right-of-way, are prohibited.
A.
All sign fabrication, erection, attachment and installation
shall conform to the requirements of the latest edition of the New
York State Uniform Fire Prevention and Building Code and other applicable
codes and regulations.
B.
No sign shall project into the air space above and
within the boundaries of a right-of-way open to the public and intended
for use by vehicles or other nonpedestrian modes of transportation.
C.
No sign shall project into that portion of the air
space above and within the boundaries of a right-of way open to the
public and designed for pedestrians at an elevation less than 10 feet
above grade.
D.
No sign shall be constructed so that the sign, or
any portion thereof, rotates or moves.
E.
No sign, other than an exempt sign, shall consist
of, in whole or in part, a painted message on plywood, particle board
or similar material.
F.
Discontinued business; sign removal.
[Added 4-6-2011 by L.L.
No. 1-2011]
(1)
Any single free-standing sign now or hereafter existing which no
longer advertises a bona fide business conducted or a product sold
shall be removed together with the structure upon which it is affixed
by the property owner, agent or person having the beneficial use of
the building or structure upon which such sign may be found within
30 days after the permanent closing of a business to which the sign
belonged, unless the succeeding property or business owner applies
for and receives an interim permit not to exceed 90 days to maintain
the sign during the transition of the property to a new property or
business owner.
(2)
Absent an interim permit, the thirty-day time period shall commence
from the last day the business was open to the public.
(3)
In the event of any neglect or refusal to comply with this section,
the Code Enforcement Officer is authorized to issue a citation to
the owner, agent or person having the beneficial use of the building
or structure demanding the removal of such sign within 10 days of
the date of the written notification, and, upon failure to comply
with such notice within the time specified in such notice, the Code
Enforcement Officer or his/her agent or employee is authorized to
commence an enforcement action against the individual by the issuance
of an appearance ticket.
(4)
Upon conviction of the violation of this section, the reviewing court
may authorize the Code Enforcement Officer to provide for the demolition
and removal of such sign and to access all expenses thereof against
the land on which they are located. Such expenses shall be added to
the tax bill of the property owner and shall become a lien on the
property. Such lien shall be prior to and superior to any other lien
or claim except a lien of an existing tax assessment or other lawful
Town charge. Where necessary, the Town Board is authorized to institute
a special proceeding to collect the costs of demolition, including
legal expenses.
(5)
Pylon signs shall be excluded from the requirement of this section.
A.
Except as otherwise provided herein, it shall be unlawful
for any person to erect, enlarge, move or alter any proposed, established
or preexisting sign in the Town, or cause the same to be done, without
first obtaining a sign permit to allow such sign to be erected, constructed,
enlarged, moved or altered. The repainting, cleaning or normal maintenance
and repair of a sign by a sign permit holder shall not be deemed to
constitute an alteration of a sign. Failure to obtain the required
sign permit subjects the property owner/lessee to enforcement action
under this chapter.
[Amended 4-6-2011 by L.L.
No. 1-2011]
B.
Contents of application.
(1)
Application for a sign permit shall be made, in writing,
by the owner, lessee, occupant or agent for whom the sign is intended
and shall be accompanied by two sets of plans of the sign, drawn to
scale on sheets of a minimum of 8 1/2 inches by 11 inches, showing
all sign dimensions, materials, details of any illumination source,
wiring and other electrical details and structural details, including
fastening and joining methods and materials; and two plot plans of
the parcel on which the sign is to be placed, delineating property
lines, street lines and other traveled ways, building locations and
dimensions, parking areas, location and dimensions of all other signs
on the parcel, including the sign permit numbers for such signs, exact
location of the proposed sign and setbacks from property lines.
(2)
Sign plans shall include a statement that the proposed
sign as shown on the plan is structurally sound and will withstand
wind loads as prescribed by the New York State Uniform Fire Prevention
and Building Code. Plans shall bear the signature of the owner, applicant
or the person responsible for design of the sign.
(3)
The application shall be made to the Building Department
on forms prescribed and provided by the Building Department. At the
time of filing the application, the applicant shall pay the required
fee in accordance with the fee schedule then in effect, as established
by resolution of the Town Board from time to time.
(4)
Notwithstanding the foregoing, an application for a permit for a preexisting sign need not comply with Subsection B(1), but such application shall include one or more photographs, of not less than five-by-seven-inch size, which show the sign in reasonable detail as then existing. However, if the preexisting sign is a billboard, then the application shall include a sworn statement of the age, dimensions and current value of the sign (replacement cost less depreciation).
C.
Within the later of 10 days after receipt by the Building Department,
of a complete application for a sign permit together with all submittals
and the required application fee or an approved site plan, the Town
of Greenport Building Department shall consider, evaluate, and approve
or deny the application for a sign permit, provided that the proposed
sign meets all requirements of this chapter; the sign is a preexisting
sign; or the proposed sign is a replacement for a nonconforming preexisting
sign and such replacement is in the same location as, is similar in
shape and appearance to and is no larger in size than the nonconforming
preexisting sign.
[Amended 4-6-2011 by L.L.
No. 1-2011]
D.
Size, construction and placement of a sign shall not
deviate from the plans approved for issuance of the permit.
E.
After the issuance of any permit for a sign proposed
to be erected, constructed, enlarged, moved or altered, and within
10 days after the installation of such sign, the applicant shall submit
one or more photographs, of not less than five-by-seven-inch size,
which show the sign in reasonable detail as completely installed,
which shall be filed with the original application, along with written
certification from the owner, applicant or designer whose name appears
on the approved plans that the sign has been constructed according
to the approved plans.
G.
Revocation or suspension of permits. If the Code Enforcement Officer
determines that any permit issued pursuant to the provisions of this
chapter was issued in error because of incorrect, inaccurate or incomplete
information, the Code Enforcement Officer may revoke such permit or
suspend such permit until such time as the permit holder demonstrates
that he or she is in compliance with the provisions of this chapter.
[Added 4-6-2011 by L.L.
No. 1-2011]
A.
Penalties for offenses.
(1)
Any person or persons, associations or corporations
erecting, constructing, enlarging, moving or altering a sign without
a permit therefor or having or maintaining on their property an illegal
sign are guilty of a violation and shall, upon conviction thereof,
be subject to a fine not exceeding $250 or imprisonment not exceeding
15 days, or both.
(2)
Each day that an owner of property has or maintains
an illegal sign on such property shall be a separate violation and
subject to a separate fine, imprisonment or combination thereof.
(3)
In lieu of, or in addition to, any fine or imprisonment,
or both, imposed for a conviction of an offense of this chapter, each
such offense may be subject to a civil penalty not to exceed $250,
to be recovered in an action or proceeding in a court of competent
jurisdiction. Each day an offense continues shall be subject to a
separate civil penalty.
(4)
In lieu of, or in addition to, any penalty, fine and/or imprisonment imposed pursuant to Subsection A(1), (2) or (3) of this section, the Attorney for the Town, upon authorization from the Town Board, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter, including injunctive relief enjoining violations of this chapter and/or compelling removal of any sign constructed, erected, installed, maintained, enlarged, altered, repaired or replaced in violation of this chapter.
B.
The Building Inspector/Code Enforcement Officer shall
see to the enforcement of this chapter with the advice and assistance
of the Attorney for the Town.
