Town of Putney, Vermont

TOWN OF PUTNEY, VERMONT

PUTNEY SIGN ORDINANCE

ARTICLE I

GENERAL PROVISIONS

A.Title

All rules and regulations contained herein, together with such additions and amendments as may be hereafter adopted, are hereby designated as the "Putney Sign Ordinance" or "Ordinance."

B.Authority

This Ordinance is adopted pursuant to authority granted under 24 VSA Section 1971, 24 VSA Section 2291, subsections (7) and (14), 10 VSA Sections 493-497, and the Charter of the Town of Putney, as amended.

C.Purpose

The purpose of this Ordinance is to help preserve and improve the existing attractive aspects of the Putney environment, to promote the health, safety, and welfare of the public, to conserve the value of property, to encourage a style and scale of outdoor advertising that is compatible with a small Vermont village, and to reduce sign distractions and obstructions which may contribute to traffic accidents. In addition, those signs which are expressly prohibited in this Ordinance are declared to be a public nuisance because of their contribution to traffic accidents and other injuries to persons, to environmental degradation, or to interference with public property.

D.Filing of Ordinance

The Town Clerk of the Town of Putney shall file a certified copy of this Ordinance, as well as certified copies of any additions or amendments to this Ordinance as may be hereafter adopted, in the municipal records.

E.Inconsistent Provisions

In the case of any other applicable regulation, by-law, ordinance or statute which differs from the rules and regulations of this Ordinance, the more strict shall apply.

F.Civil Ordinance

This Ordinance is designated as a civil ordinance in conformance with 24 VSA Section 1971(b).

ARTICLE II

DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

"Applicant" shall mean any Person who applies for a Sign Permit.

“Lot” shall mean any contiguous land owned or controlled by a Person. However, a parcel of land considered to be a separate Lot under the most current Putney Zoning Regulations shall also be considered a separate Lot under this Ordinance.

“Lot, Corner” shall mean a Lot which borders on 2 public roads.

"Non-Profit Organization" shall mean any association or organization which in accordance with United States Internal Revenue Service regulations is established for a civic, educational, cultural, religious, social, political, scientific, philanthropic, or charitable purpose.

"Person" shall mean any individual, institution, public or private corporation, partnership or other legal entity.

"Public Way" shall mean the entire area legally open for public use within the boundary lines of any government or municipally owned or maintained road, street, alley, sidewalk, walkway, parking lot, park, river, or piece of land.

“Sign” shall mean any structure, wall display, device, or representation, either temporary or permanent, portable or ground mounted, which is visible from a Public Way and which is designed or used to advertise or call attention to or directs a person to a business, association, profession, commodity, product, institution, service, entertainment, person, place, thing, or activity of any kind. It shall not mean the flag or insignia of any government or a window display.

“Sign Area” shall mean the area within which the smallest square or rectangle may be drawn to encompass the extreme limits of all the letters, designs, and panels which are part of the Sign together with any frame or other material or color forming an integral part of the display or used to differentiate the Sign from the background against which it is placed, excluding the necessary supports or uprights on which the Sign is placed.

Where a Sign has two or more faces, the area of all faces shall be included in determining the area of the Sign, except where two such faces are placed back to back and are at no point more than one foot from one another and except for “Sandwich board” (“A-frame”) Signs. In these two cases, the area of the Sign shall be taken either as the area of one face - if the two faces are of equal area, or the area of the larger face - if the two faces are of unequal area.

The calculation method to be applied to a three-dimensional Sign shall be as determined by the Town Manager.

“Sign, Free Standing” shall mean a Sign placed on the grounds of the property and not attached to a building.

“Sign, Off-premise” shall mean a Sign which advertises or calls attention to a business or other activity or to a profession, commodity, product, service or entertainment not carried on, produced, sold, or offered for sale on the Lot on which the Sign is located.

"SignPermit" shall mean written authorization issued by the Town Manager authorizing a person to display a Sign or Signs.

“Sign, Projecting” shall mean a Sign attached perpendicularly to a building wall.

“Sign, Wall” shall mean a Sign attached to a building wall.

“Sign, Window” shall mean any Sign affixed to the inside of a window or door, or a Sign placed within a building so as to be plainly visible and legible through a window or door. A Sign incorporated into a window display of merchandise shall not be considered a Window Sign.

"Town" shall mean the Town of Putney, Vermont.

"Town Manager" shall mean the Town Manager of Putney, Vermont.

“Zoning District” shall mean an area of land recognized as a separate zoning district under the most current Zoning Regulations of the Town of Putney, Vermont.

“Zoning Regulations” shall mean the most current Zoning Regulations of the Town of Putney, Vermont.

ARTICLE III

APPLICABILITY OF ORDINANCE

Except as otherwise provided in Article IV, no Person shall display any Sign within the Town without first securing a Sign Permit from the Town Manager

ARTICLE IV

SIGNS WHICH MAY BE DISPLAYED WITHOUT A SIGN PERMIT

The following Signs may be displayed without a Sign Permit. The area of such Signs shall not be counted when calculating the maximum Sign Area of all Signs displayed on a Lot under Article VII, Section B.

1.Signs not having commercial connotations and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises .

2.Flags and insignia of any government.

3.Legal notices and identification, informational, warning or directional Signs displayed in response to governmental regulations or requirements.

4.Integral commemorative or architectural features of buildings including, but not limited to, memorial Signs or tablets denoting the names of buildings and dates of erection.

5.Signs on a Lot directing and guiding traffic and parking on that Lot, providing they bear no advertising matter or logos.

6.Signs not exceeding 6 square feet in area, including the panel and frame, advertising the sale or lease of real estate by the owner or an agent. Such Signs shall not exceed one per road on which the Lot has frontage. Such Signs shall be removed immediately upon the sale or lease of the Lot or premises.

7.In Village, Highway Commercial, and Multiple Use zoning districts, and on Lots bordering on Route 5 outside of these zoning districts, “Open” or “Welcome” banners or flags. Such Signs shall have no other wording or logos, shall be limited to 15 square feet in area each, shall not exceed one per business, and shall be displayed only during business hours.

8.One on-premise Sign not exceeding 6 square feet in area advertising “garage sale,” “tag sale,” or other temporary sale. Such Signs may be displayed for a period of up to 48 hours in advance of the sale and must be removed within 24 hours after the completion of the sale.

9.Bulletin boards for official and/or public use.

10.Up to 2 temporary Signs erected in conjunction with a construction project located on a Lot where construction is actively taking place. Such Signs shall be displayed only during active construction. Such Signs shall not exceed 10 square feet in Sign Area for each Sign.

11.Signs attached to a bin or dispenser identifying the items for sale in that bin or dispenser (ice, newspapers, etc.).

12.Signs erected by governmental agencies for governmental purposes.

13.Special Signs: One Special Sign per independently operated business may be displayed. The Special Sign shall be a Wall Sign, a Window Sign, or a Projecting Sign, or shall be attached to one of the Free Standing Signs for that business. The Special Sign shall not exceed 10 square feet in area.

14.Signs on registered and inspected motor vehicles, except when such vehicles are being used primarily for the purpose of advertising.

15.Signs lawfully existing on the effective date of this ordinance, providing that such Signs are not enlarged or relocated. Nothing in this ordinance is intended to prohibit the normal maintenance and repair of such Signs.

ARTICLE V

PERMIT PROCEDURE

A.APPLICATION FORM

Any Person seeking the issuance of a Sign Permit shall file an application with the Town Manager on the form provided.

BAPPLICATION FEE

The application fee and application form for a Sign Permit shall be established by the Putney Board of Selectpeople. The application fee shall be paid in full at the time of application. The application fee shall not be refunded to any applicant. A Non-Profit Organization shall be exempt from payment of the application fee.

C.EVALUATION OF APPLICATION BY TOWN MANAGER

Upon receipt of a fully completed Sign Permit application, the Town Manager shall consider the Applicant's conformance with the requirements of this Ordinance. The Town Manager shall approve a Sign Permit only if it fully conforms to this Ordinance. The Town Manager shall render a decision on the application within 30 calender days of receipt of a complete application or it shall be deemed issued.

D.ISSUANCE OF PERMIT

After review of the application, the Town Manager shall render a decision on the application for a Sign Permit by:

1. Approving the application.

2. Approving the application with conditions.

3. Denying the application.

An application may be denied by the Town Manager if he or she determines that the issuance of a Sign Permit would conflict with the requirements of this Ordinance.

E.APPEAL OF TOWN MANAGER'S DECISION

1.An applicant may appeal the decision of the Town Manager regarding the Sign Permit application to the Putney Board of Selectpeople. The appeal request shall be in writing and shall be filed with the Board of Selectpeople within 15 days after the decision of the Town Manager has been issued. A hearing on the appeal shall be held by the Board of Selectpeople within 30 days after the receipt of the appeal notice. Upon such appeal, the Board of Selectpeople shall act to affirm, reverse, or modify in any regard the determination of the Town Manager. The Board of Selectpeople shall issue a written decision within fifteen days of the close of the appeal hearing. This administrative process must be exhausted before appeal to Superior Court. Any person aggrieved by a decision of the Board of Selectpeople may appeal that decision to Superior Court.

2.Any Person may appeal the decision of the Town Manager regarding the Sign Permit to the Putney Board of Selectpeople. The appeal request shall be in writing and shall be filed with the Board of Selectpeople within 15 days of the date when the Sign Permit is issued. A hearing on the appeal shall be held by the Board of Selectpeople within 30 days after the receipt of the appeal notice. Upon such appeal, the Board of Selectpeople shall act to affirm, reverse, or modify in any regard the determination of the Town Manager. The Board of Selectpeople shall issue a written decision within fifteen days after the close of the appeal hearing. This administrative process must be exhausted before appeal to Superior Court. Any person aggrieved by a decision of the Board of Selectpeople may appeal that decision to Superior Court.

3.In deciding appeals, the Putney Board of Selectpeople may not grant variances, exemptions, extra-ordinary relief or otherwise alter, amend, enlarge, or modify the provisions of the Ordinance, it being the intent of this subsection to merely provide for appeals from the decisions of the Town Manager and not to provide for variances or exceptions hereto.

F.REVOCATION OF PERMITS

1.Any Sign Permit may be revoked, without refund of a Sign Permit application fee, by the Town Manager if the Town Manager determines that the information contained in the Sign Permit application was false or incomplete in any material detail. The Town Manager shall provide the Person possessing the Sign Permit with written notification informing him/her of the reasons for the revocation.

2.Any Person whose Sign Permit has been revoked shall have the right to appeal the decision of the Town Manger to the Putney Board of Selectpeople. The appeal request shall be in writing and shall be filed with the Board of Selectpeople within 15 days after the decision of the Town Manager has been issued. A hearing on the appeal shall be held by the Board of Selectpeople within 30 days after the receipt of the appeal notice. Upon such appeal, the Board of Selectpeople shall act to reverse, affirm or modify in any regard the determination of the Town Manager. The Board of Selectpeople shall issue a written decision to the Person aggrieved within fifteen days of the appeal hearing. This administrative process must be exhausted before appeal to Superior Court. Any person aggrieved by a decision of the Board of Selectpeople may appeal that decision to Superior Court.

ARTICLE VI

PROHIBITED SIGNS

The following Signs are prohibited, except as specifically authorized in this ordinance.

1.An Off-premise Sign.

2.Inflatable Signs and Signs mounted on wheels or trailers.

3.Signs on motor vehicles when such vehicles are being used primarily for the purpose of advertising.

4.Signs which make noise audible on an adjacent property or the Public Way.

5.Signs that consist of, or include, pennants, ribbons, balloons, or streamers.

6.Signs which create a safety hazard including, but not limited to, the following:

a.Signs which prevent a driver of a motor vehicle from having a clear and unobstructed view of official traffic control Signs, approaching, entering, or merging traffic, or otherwise interfere with visibility for a driver or interfere with traffic safety.

b.Signs containing lighting that impairs the vision of the driver of a motor vehicle.

c.Signs not securely affixed to a substantial structure or Sign post so as to cause a public danger.

d.Signs which prevent free access to any door, window, or fire escape.

7.Signs or displays which are placed on a sidewalk in the Public Way, except such Signs or displays shall be permitted if they do not extend more than 3 feet out from the front face of a building.

8.Signs which extend into a highway right-of-way or across Lot lines.

9.Signs located within the limits of the highway right-of-way or on Town- or state-owned land, except those placed to protect public safety during road and utility repairs.

10.Signs which interfere with, imitate, or resemble any official traffic control signs, signals, or devices, or attempt, or appear to attempt, to direct the movement of traffic on the Public Way.

11.Signs attached to a building which extend above the uppermost roof line of the building.

12.Signs using neon or neon-like illumination.

13.Signs which contain, include, or are illuminated by any flashing, oscillating, intermittent, or moving lights.

14.Signs which move or have any animated, fluttering, revolving, or moving parts (except barber poles).

15.Signs containing lighting of such high intensity that glare is created which is a nuisance to neighboring properties.

16.Signs attached to utility poles or attached to the guide cables of utility poles.

17.Signs attached to official traffic control Sign posts.

18.Signs which advertise or call attention to an activity of any kind which occurred more than 180 days previously or has terminated more than 180 days previously.

19.Signs which remain on a non-operational business premise more than 180 days after the business has closed. This shall not apply to businesses which close seasonally.

20.Signs which are in violation of any state or federal law or regulation.

21.Signs which are erected so as to be readable primarily from Interstate 91.

22.Barrage balloons and searchlights.

23.Free Standing Signs over 20' in height.

ARTICLE VII

SIGNS WHICH REQUIRE A SIGN PERMIT

Signs which conform to this Ordinance may be displayed upon the issuance of a Sign Permit by the Town Manager. Except as provided in Article IV, no Sign may be displayed which has not been issued a Sign Permit by the Town Manager.

A.GENERAL STANDARDS

The following regulations shall apply to all Signs requiring a Sign Permit:

1.All Signs shall be maintained in a safe condition.

2.In the Village zoning district, Projecting Signs may extend up to 5 feet out from the building on which they are attached over a public sidewalk, providing the distance from the bottom of any projecting Sign to the sidewalk is at least 8'.

3.When a business is located on a Lot which does not have frontage on a public road, the Putney Board of Selectpeople may authorize the Sign to be located on a Lot adjacent to the entrance driveway to such a business. The written permission of the owner on whose Lot the Sign is proposed to be located shall be required.

B.MAXIMUM SIGN AREA

Except as otherwise provided in this Ordinance, the Sign Area of all Signs displayed on a Lot shall not exceed the following limits:

1.Village and Multiple Use Zoning Districts:

a.The total Sign Area of all Signs displayed on a Lot shall not exceed 100 square feet, except for Corner Lots.

b.The total Sign Area of all Signs displayed on a Corner Lot shall not exceed 125 square feet.

c.The total Sign Area of any one Sign displayed on a Lot shall not exceed 50 square feet.

2.Lots on Route 5 Outside of the Village Zoning District:

a.The total Sign Area of all Signs displayed on a Lot shall not exceed 150 square feet.

b.The total Sign Area of any one Sign displayed on a Lot shall not exceed 150 square feet.

3.Lots within Planned Residential Developments, Planned Unit Developments, and Planned Educational Developments: