[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 12-28-1989 by L.L. No. 27-1989. Amendments noted
where applicable.]
[Amended 10-26-1992 by L.L. No. 8-1992]
A.
The purpose of this chapter is to promote and protect
the public health, welfare and safety by regulating existing and proposed
on-premises advertising signs and signs of all types within the Town
of Clifton Park. This chapter is intended to protect property values,
create a more attractive economic and business climate, enhance and
protect the physical appearance of the community, preserve the scenic
and natural beauty and provide a more enjoyable and pleasing community.
It is further intended to reduce distractions and obstructions that
may adversely affect traffic safety, reduce hazards that may be caused
by signs overhanging or projecting over public rights-of-way, provide
more visual open space and to maintain the generally high level of
the community's appearance and attractiveness.
B.
This chapter is intended to promote attractive signs
which clearly present the visual message in a manner that is compatible
with their surroundings and to ensure that signs aid orientation and
adequately identify uses and activities to the public. The appearance,
character and quality of a community are affected by the location,
size, construction and graphic design of its signs. Therefore, such
signs should convey their messages clearly and simply to be compatible
with their surroundings.
This chapter shall hereinafter be known and
cited as the "Town of Clifton Park Sign Law."
As used in this chapter, the following terms
shall have the meanings indicated:
A sign which for a period of 60 consecutive days has not
correctly directed or exhorted any person or advertised a bona fide
business, lessor, owner or activity conducted on the premises where
such sign is displayed.
That copy on a sign describing products or services being
offered to the public.
A specific type of mobile sign which is typically constructed
or shaped in the form of the letter "A" and which exceeds eight square
feet per face.
[Amended 4-6-1998 by L.L. No. 2-1998]
Any sign which includes action or motion or whose copy is
changeable by other than direct manual intervention.
[Added 3-14-2011 by L.L. No. 8-2011]
The area within a single continuous perimeter composed of
rectangle, circle and triangle shapes, including any frame, which
forms any integral part of the display, but excluding the necessary
supports or uprights on which the sign may be placed and which enclose
the extreme limits of the message, announcement or decoration of the
facia, wall or freestanding sign.
A roof-like exterior covering consisting of any pliable material
attached to a frame.
That copy on an awning.
A temporary sign composed of lightweight material, either
enclosed or not enclosed in a rigid frame, screened or mounted so
as to allow movement of the sign caused by movement of the atmosphere.
Any off-premises sign.
[Amended 10-26-1992 by L.L. No. 8-1992]
The Town of Clifton Park Department of Building and Development.
A roof-like exterior cover sheltering an area or forming
a sheltered walk to the entrance of a building.
A sign such as an electronically or electrically controlled
public service time, temperature and date sign, message center or
reader board, where different copy changes other than by a direct
manual intervention.
A sign on which copy is changed manually in the field, including
reader boards with manually changeable letters or changeable pictorial
panels.
Any business whose primary purpose is retail or wholesale
trade, or any service.
Any building or buildings, structure or structures or premises
used by three or more enterprises for any purpose other than a one-
or two-family dwelling.
A sign identifying a complex but which does not include identification
of any individual business or activity within the complex.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
and similar persons or firms having a role or interest with respect
to the structure or project.
The logo, graphics, text, pictures or artwork contained in
a sign.
Any sign commonly associated with and limited to information
and directions necessary and convenient for persons coming onto the
property, including signs marking entrances, parking areas, one-way
drives, rest rooms, pickup and delivery areas and the like.
The Director of Building and Development.
[Amended 4-6-1998 by L.L. No. 2-1998; 12-12-2022 by L.L. No. 3-2022]
Any sign containing a list of the names of business enterprises
located within a building or office or industrial complex.
Any two-faced sign utilizing both faces or surfaces for display
purposes.
[Amended 4-6-1998 by L.L. No. 2-1998]
To build, construct, alter, display, relocate, attach, hand,
place, suspend, affix or maintain any sign and shall also include
the painting of exterior wall signs and freestanding signs.
A facility from which agricultural or nursery products grown
solely on the premises where the facility is located are offered for
retail sale.
Any self-supported sign not affixed to a building but in
a fixed location.
The total length of a parcel's property which bounds or abuts
a public highway right-of-way.
Any open, unoccupied space on the same lot with the building
or structure, extending the full width of the lot and situated between
the street line (front property line) and the front lines of the building
or structure.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law or ordinance or
governmental regulation.
A temporary sign to announce the opening of a completely
new enterprise or the opening of an enterprise under new management.
The average ground elevation, within 25 feet, measured horizontally
of the sign base.
[Amended 4-6-1998 by L.L. No. 2-1998]
The vertical distance between the ground level under a sign
and the highest point of the sign structure, including the sign.
Any structure in which any recognized religion which has
a tax exempt status meets to practice its religion.
A sign which is limited to the name, address and/or number
of a building, institution, complex or person.
Any sign for which a valid Town of Clifton Park sign permit
has not been obtained and which is not otherwise exempt from the provisions
of this chapter.
Any sign which emanates light, either by means of exposed
tubing or lamps or other electric means on its surface or by means
of illumination transmitted through the sign surface, or which reflects
lights from a source intentionally directed upon it.
Any temporary sign painted on balloons or figures.
Property lines other than those abutting on a street, road
or highway.
A symbol, graphic, trademark or emblem commonly associated
with or representing a specific entity, product, concept or enterprise.
Any parcel of real property recorded in deed form filed in
the Saratoga County Clerk's office.
Wording or copy on a sign.
A temporary sign designed or constructed in such a manner
that it can be moved or relocated without involving any structural
or support changes.
A wall sign identifying the tenants or occupants of a building,
placed at the entrance to the tenant's place of business, not exceeding
one square foot (144 square inches) in area per tenant.
Any sign which was lawfully erected and maintained prior
to the effective date of this chapter.
[Amended 10-26-1992 by L.L. No. 8-1992]
Any sign advertising or calling attention to any business
or activity not located on the same parcel of real estate as the sign
or any sign advertising or calling attention to any commodity or service
not sold or offered upon the same parcel of real estate as the sign.
A person recorded as such on an official record of the Saratoga
County Clerk, and including but not limited to a duly authorized agent,
purchaser, devisee or any person having a vested or contingent interest
in the property in question.
A piece of real property which is defined on an approved
subdivision map recorded with the Town Assessor or is legally defined
on a survey map certified by a licensed land surveyor or engineer.
Any sign permitted pursuant to the provisions of this chapter.
A sticker affixed either to the face or the channel of a
sign, visible from the ground, denoting that the sign to which it
is affixed has been authorized by Town officials pursuant to the provisions
of this chapter.
The Town of Clifton Park Planning Board.
The Town of Clifton Park Planning and Zoning Department.
[Amended 12-12-2022 by L.L. No. 3-2022]
A temporary sign announcing or supporting political candidates
or issues connected with any national, state or local election.
Complex identification sign located on a parcel's primary
frontage.
Where a parcel has more than one public highway right-of-way
abutting it, one frontage shall be designated by the applicant as
the "primary frontage" of the parcel, the other frontage(s) for said
parcel shall be known as the "secondary frontage(s)." Where frontage
along the highway is discontinuous, one continuous segment of the
frontage shall be designated as the "primary frontage"; the remaining
segments shall be known as "secondary frontages."
An on-premise temporary sign advertising the sale of personal
property at house sales, garage sales, rummage sales and the like.
A sign that is wholly or partly dependent upon a building
for support and which does not meet the definition of a wall sign.
[Amended 10-26-1992 by L.L. No. 8-1992]
Any sign intended primarily to promote items of general interest
to the community, such as time, temperature and date, atmospheric
conditions, news or traffic control, etc.
A temporary sign pertaining to the sale or lease of the premises
or a portion of the premises on which the sign is located, excluding,
however, "sold by" signs.
A three-dimensional sign built so as to physically represent
the object advertised.
Any building surface whose slope is less than two vertical
to one horizontal.
The top edge of the roof or top of the parapet, whichever
forms the top line of the building silhouette.
Any sign erected upon, against or directly above a roof or
on top of or above the parapet of a building.
[Added 10-26-1992 by L.L. No. 8-1992]
Any sign or portion of a sign which moves in a revolving
or similar manner, including multiprism indexing signs.
Complex identification sign located on a parcel's secondary
frontage(s).
Any on-premises 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 draws attention to a product, service, place, activity,
person, institution, business or solicitation, including any permanently
installed or situated merchandise, or any logo, painting, banner,
vehicle, pennant, flag, placard or temporary sign intended to advertise,
identify or convey information, with the exception of window displays
and governmental. Signs shall also include all sign structures.
[Amended 4-6-1998 by L.L. No. 2-1998]
A listing of two or more business enterprises.
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections are
greater than 45º, each side shall be considered a separate sign
structure.
[Amended 4-6-1998 by L.L. No. 2-1998]
Any building or buildings, structure or structures located
on a single parcel and used by one enterprise.
A sign affixed to the underside of a roof overhang adjacent
to a store or other commercial premises.
In a complex, the linear distance of that wall which has
the primary access to the exterior. In any structure other than a
complex, the linear distance of the building facing a street or right-of-way
and which contains the main entrance to the building.
A public highway, road or thoroughfare which affords the
principal means of access to adjacent lots, measured from property
line to property line.
A nonelectronic sign identifying the number and/or name of
the street where a a specific building is located.
A sign for which a permit has been issued pursuant to the
provisions of this chapter for a specific period stated in the permit.
The Town of Clifton Park.
The Town of Clifton Park Town Board.
Any building surface whose slope is two vertical to one horizontal
or steeper.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and in which the
face of the sign is no more than 15 inches from such building or structure.
[Amended 10-26-1992 by L.L. No. 8-1992]
A sign which is applied or attached to the interior of a
window or located within three feet of the interior of the window
and which can be seen from the exterior of the structure.
All signs within the Town shall be governed
by the sign limitations set forth herein:
A.
Prohibition.
(1)
Except as otherwise provided herein, it shall be unlawful
for any person to erect, construct, enlarge, move or convert any sign
in the town, or cause the same to be done, without first obtaining
a sign permit for each such sign. These directives shall not be construed
to require any permit for a change of copy of any sign, provided that
that person, place, establishment, business or service identified
remains the same and a new photograph is placed on file with the Building
Department, nor for the repainting, cleaning and the normal maintenance
or repair of a sign or sign structure for which a permit has previously
been issued under this chapter, so long as the sign or sign structure
is not otherwise modified in any way.
(2)
Design, size, construction and placement of a sign
shall not deviate from plans approved for issuance of a sign permit.
B.
Sign permit application.
(1)
Application procedure. Applications shall be made
in writing to the Director on forms prescribed and provided by the
Town and shall contain the following information:
(b)
The location of the building, structure or land
upon which the sign exists or is to be erected.
(c)
If a new sign is to be erected, elevation and
plan drawings to scale must be submitted as a part of the application.
In addition, a full description of the placement and appearance of
the proposed sign must be included with the following information:
[1]
Location on the premises and, specifically,
its position in relation to adjacent buildings, structures and property
lines.
[2]
The method of illumination, if any, and the
position of lighting or other devices and a copy of the electrical
permit related to the electrical connections for or to the sign.
[3]
Graphic design, including symbols, letters,
materials and colors.
[4]
The visual message, text, copy or content of
the sign.
[6]
Two plot plans of the parcel on which the sign
is to be placed shall also be submitted, delineating property lines,
street lines, center lines of all adjacent streets, the distance of
the street center lines to the property lines, building locations
and dimensions, parking areas, location and dimensions of all other
signs on the parcel, exact location of the proposed sign, including
dimensions of setbacks from property lines, and any obstructions in
relation to the designated location of the proposed sign. Where a
parcel has more than one frontage, the primary frontage shall be designated
on the plan.
[7]
Plans shall bear the signature of the owner,
applicant or the person responsible for design of the sign. Where
deemed necessary by the Director of Building and Development the plans
shall include a statement from a licensed engineer 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.
[Amended 10-26-1992 by L.L. No. 8-1992[2]]
[2]
Editor's Note: This local law also repealed
former Subsection B(1)(d), which immediately followed this subsection
and which dealt with written notarized consent.
(2)
The application shall be made to the Building Department
on forms prescribed and provided by the Building Department. The applicant
shall pay the required fee in accordance with the fee schedule then
in effect at the time of issuance of the permit.
C.
Sign permit. Within 10 business days after receipt
by the Building Department of a complete application, a sign permit
shall be issued, provided that the proposed sign meets all requirements
of this chapter. The issuance of a permit shall not excuse the applicant
from conforming to other applicable laws and ordinances of the town.
D.
Sign placement. If a sign authorized by a permit is
not completed and in place within three months from the date of the
permit issues, said permit shall become null and void, except that
the Building Department may grant one extension for a period not to
exceed three months upon request therefor prior to expiration of the
initial three-month period.
E.
Sign photograph and certification. After the issuance
of any permit for a sign under this chapter and within 10 days after
the installation of such sign, the applicant shall submit a three-and-one-half-inch
by four-and-one-fourth-inch (standard Polaroid snapshot) photograph
of the sign 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. For
all electrified signs which involve new electrical work not previously
inspected, the applicant shall also submit, within 10 days after the
installation of such sign, from a certified electrical inspector approved
by the town, a certificate of approval of all new electrical work
undertaken to make electrical connectors to the Underwriters' Laboratories
approved and labeled sign (or an equivalent laboratory approved by
the Town Board).
[Amended 10-26-1992 by L.L. No. 8-1992]
F.
Sign sticker. All signs authorized under this chapter
shall bear the assigned permit sticker, which is to be provided by
the Building Department, prominently and permanently affixed by the
applicant in an area readily visible from the ground. Failure to so
affix the permit sticker shall constitute cause for revocation of
the permit by the Building Department, in addition to any other penalties
or remedies prescribed herein.
G.
Exempt signs. The following types of signs may be
erected and maintained without permits or fees, provided that such
signs comply with the general requirements of this chapter and other
conditions specifically imposed by the regulations:
(1)
Historical site markers or tablets; memorial signs
or plaques; names of buildings and dates of erection when cut into
any masonry surface or when constructed of bronze, stainless steel
or similar material; and emblems installed by governmental agencies,
religious or nonprofit organizations, none of which exceed six square
feet in area.
(2)
Flags and insignia of any government, except when
displayed in connection with commercial promotion.
(3)
On-premises directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits and similar signs, internally illuminated or nonilluminated,
not exceeding two square feet per face and six feet in height. Business
and personal names shall not be allowed on the directional signs unless
required for safety reasons and then not to exceed 25% of the total
square footage of the sign.
[Amended 10-26-1992 by L.L. No. 8-1992]
(4)
Nonilluminated warning or private drive signs, not
exceeding one square foot per face.
[Amended 10-26-1992 by L.L. No. 8-1992]
(5)
Number and name plates identifying either residents
in residential zones, mounted on a house, apartment or mailbox, or
a business in a business zone, mounted on a wall adjacent to a public
entrance, not exceeding one square foot in area.
(6)
Lawn signs identifying a residence, not exceeding
one square foot or two square feet if doubled-faced. Such signs are
to be nonilluminated except by a light which is an integral part of
a lamppost if used as a support, with no advertising message thereon.
(7)
Private sale signs for garage sales and auctions,
not exceeding four square feet for a period not exceeding five days.
(8)
Temporary nonilluminated "for sale" or "for rent"
real estate signs and signs of a similar nature concerning the premises
upon which the sign is located. In a residential zoning district,
the sign shall not exceed four square feet. (In a business or industrial
zoning district, the sign shall not exceed 16 square feet set back
at least 15 feet from all property lines and a permit is required.)
All such signs shall be removed within three days after the closing
on the sale, lease or rental of the premises.
(9)
One temporary sign for a roadside stand selling agricultural
produce grown on the premises in season, provided that such sign does
not exceed 16 square feet and is set back at least 10 feet from the
public right-of-way.
(10)
Temporary, nonilluminated window signs and posters
not exceeding 50% of the window surface which shall be displayed for
no longer than 14 days. Fifty percent of each window shall be clear
of signage at all times.
[Amended 10-26-1992 by L.L. No. 8-1992]
(11)
At gasoline stations:
(a)
Integral graphics or attached price signs on
gasoline pumps limited to one square foot per pump.
(b)
Two self-service identification signs which
do not exceed two square feet each per self-service fuel pump island.
(c)
Two full-service identification signs which
do not exceed two square feet per full-service fuel pump island.
(d)
Fuel price signs required by federal, state
or local legislation upon filing a copy of such legislation with the
Building Department.
(12)
Any New York State inspection station identification
sign which is at a height not exceeding 10 feet and is located on
an exterior or interior wall of a motor vehicle service station.
(13)
Any New York State authorized repair shop identification
sign which is at a height which does not exceed 10 feet and is located
on an exterior or interior wall of a motor vehicle service station.
(14)
Temporary (not to exceed seven days) directional signs
for meetings, conventions and other assemblies not exceeding two square
feet.
(15)
Political signs, not exceeding four square feet in
the residential districts nor 16 square feet in the business districts,
provided that:
(a)
For general elections, no signs shall be placed
prior to September 1 and must be removed within five days after the
general election; provided, however, that with respect to primary
or special elections and/or referendums, such signs may not be placed
more than 30 days prior to the date thereof and must be removed within
five days thereafter.
[Amended 4-11-2022 by L.L. No. 2-2022]
(b)
The names and addresses of the sponsor and the
person responsible for removal are identified in writing in advance
to the Building Department.
(16)
Posted no hunting, fishing or trapping or trespassing
signs not to exceed one square foot.
(17)
Governmental signs as defined hereinabove.
(18)
Utility line identification and location signs.
(19)
Phone identification signs.
(20)
Rest room identification signs.
(21)
Handicapped parking and access signs.
(22)
Open/closed business signs which do not exceed two
square feet, provided that the sign does not include any business
or personal names.
(23)
Street identification, traffic and governmental signs
and control devices required by law, ordinance or regulation.
(24)
Signs and markers in cemeteries designating graves
and memorials.
H.
Specific prohibitions.
(2)
[4]No sign shall impair or cause confusion of vehicular or
pedestrian traffic in its design, color or placement. No sign shall
impair visibility for the motorist at a street corner, intersection,
driveway or commercial curb cut by placement and location within 25
feet of the intersection of the street or highway edge lines.
[4]
Editor's Note: Former Subsection H(2), regarding flashing
signs, was repealed 3-14-2011 by L.L. No. 8-2011. This local law also
provided for the renumbering of former Subsection H(3) and (4) as
Subsection H(2) and (3), respectively.
(3)
Any sign not otherwise permitted in this chapter and
any sign specifically described below is prohibited. Signs specifically
prohibited are as follows:
(a)
Roof signs.
(b)
Rotating signs.
(c)
Projecting signs.
(d)
Animated signs, except public service information.
(e)
A-frames in excess of eight square feet.
[Amended 10-26-1992 by L.L. No. 8-1992; 4-6-1998 by L.L. No. 2-1998]
(g)
Pennants.
(h)
Mobile signs.
(i)
Illuminated window signs, except for exposed
neon which is allowed only in commercial areas as defined herein,
and not to exceed 25% of the area of the window.
[Amended 10-26-1992 by L.L. No. 8-1992]
(j)
Any sign or part thereof on a vehicle parked
on a public right-of-way or public property or on private property
so as to be intended to be viewed from motorized vehicular public
right-of-way, which has for its basic purpose the providing of advertisement
of products or directing people to a business or activity located
on the same or nearby property or any other premises. This subsection
is not intended to prohibit any form of vehicular signage, such as
a sign attached to a bus or lettered on a motor vehicle or signs that
are part of such vehicle as a construction trailer, whose primary
purpose is not advertising to the public right-of-way.
(k)
Any sign other than an exempt sign placed on
any curb, sidewalk, hydrant, utility pole or tree.
(l)
Any sign erected or maintained which might be
confused with any traffic control device or which might interfere
with the vision or discernment of any traffic sign or which might
cause danger to public travel.
(m)
No sign in a residential zone shall be illuminated
between the hours of 8:00 p.m. and 8:00 a.m. unless the premises on
which it is located is open for business.
[Amended 10-26-1992 by L.L. No. 8-1992; 4-6-1998 by L.L. No. 2-1998]
(n)
Animated signs are prohibited except in the following specific zones
and areas of zoning districts:
[Added 3-14-2011 by L.L. No. 8-2011]
[1]
B-3 Zone east of the Northway at Exit 10.
[2]
B-5 Zone north of Kinns Road on Route 9.
[3]
B-4A Zone east of the Northway and along Route 9.
[4]
Southern section of the B-4 Zone in the Exit 9 area. This exception
does not include the portion of Clifton Park Center Road between Sitterly
Road and Clifton Country Road, or areas within 100 feet of Sitterly
Road.
[5]
Within B-3 Zones for gas stations for fuel pricing signs only.
[6]
L-2 Zone east of the Northway along Route 9 in the northeast part
of Town.
[Added 9-6-2016 by L.L.
No. 6-2016]
[7]
B-3 Zone south of Kinns Road along Route 9.
[Added 9-6-2016 by L.L.
No. 6-2016]
I.
Illegal signs. The following signs are deemed illegal
signs and are in violation of this chapter:
(1)
Abandoned signs. (If the sign conforms to this chapter,
the Director may grant a six-month extension to allow reuse of the
property.)
[Amended 10-26-1992 by L.L. No. 8-1992]
(2)
Any sign other than exempt signs erected for which
no building or sign permit was issued by the Town or which does not
have a sign permit number displayed or which has had its permit revoked.
[Amended 10-26-1992 by L.L. No. 8-1992]
(3)
Any sign not properly maintained in the opinion of
the Director, such as, but not limited to, signs that are structurally
unsound or are hazardous or unsafe.[6]
[6]
Editor's Note: Former Subsection I(4), which
immediately followed this subsection and which dealt with unregistered
signs, was repealed 10-26-1992 by L.L. No. 8-1992.
J.
Nonconforming signs.
(1)
Subject to the provisions of this chapter, any sign
legally in existence one day prior to the date this chapter is enacted
shall be considered a nonconforming sign and may be continued and
maintained.
[Amended 10-26-1992 by L.L. No. 8-1992]
(2)
Any sign existing at the time this chapter is enacted
which is altered in any way, form or fashion shall be considered a
new sign and shall be required to conform to the requirements contained
herein, except that the original owner may be allowed to alter the
message of the sign, provided that the person, place, establishment,
business and service identified by the sign remains the same, but
may not alter its structure or size.
[Amended 10-26-1992 by L.L. No. 8-1992]
(3)
Any nonconforming sign which has deteriorated to such
an extent that cost of restoration would exceed 35% of the replacement
cost shall not be repaired or rebuilt except to conform to the requirements
of this chapter.[7]
[7]
Editor's Note: Former Subsection J(4), which
immediately followed this subsection and which dealt with a seven-year
period for nonconformance, was repealed 10-26-1992 by L.L. No. 8-1992.
K.
Removal of signs. Any sign, existing on or after the
effective date of this chapter, which no longer advertises an existing
business conducted or product sold on the premises upon which such
sign is located, shall be removed within five business days of termination
of the business aforedescribed.
L.
No authorized sign may contain noncommercial copy
in lieu of any other copy.
[Added 2-25-2002 by L.L. No. 3-2002]
This section provides the specifications and
standards for construction of signs.
A.
All sign fabrication, erection and attachment 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.
Lighting fixtures and wiring shall conform to the
requirements of the latest edition of the National Electrical Code
and other applicable codes and regulations, and all electrified signs
shall bear the Underwriters' Laboratories label or approved equal.
Further, all new electrical connections with a sign shall be inspected
and approved by any certified electrical inspector approved by the
town.
[Amended 10-26-1992 by L.L. No. 8-1992]
C.
All transformers, wires and similar items shall be
concealed.
D.
All wiring to freestanding signs shall be underground.
E.
All signs, sign finishes, supports and electrical
work shall be kept in good repair and safe condition, including the
replacement of defective parts, painting, repainting, cleaning and
other acts required for the maintenance of said sign.
Below are descriptions of signs varying in construction
and type which must comply with the following additional conditions,
unless otherwise specified elsewhere in a local law:
A.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over
the top of the walls to which attached and shall not extend above
the level of the second floor of the building.
(2)
Wall signs shall not extend outward more than 12 inches
from the face of the buildings to which attached, except that changeable
copy signs may extend 15 inches.
[Amended 10-26-1992 by L.L. No. 8-1992]
B.
Freestanding signs.
(1)
No freestanding sign may be located less than 50 feet
from any other freestanding sign.
[Amended 10-26-1992 by L.L. No. 8-1992]
(2)
If for any reason the property line is changed at
some future date, any freestanding sign made nonconforming thereby
must be relocated within 90 days to conform to the minimum setback
requirements.
(3)
[2]No freestanding sign shall exceed the height limitations
in Charts I, II and III.[3] Such height shall be measured vertically from the established
average ground level (not including any berms erected as part of the
sited plan improvements) directly below the sign or entry level of
the building or structure, whichever is lower, to the highest point
of the sign, including supporting structures.
[Amended 4-6-1998 by L.L. No. 2-1998]
[2]
Editor's Note: Former Subsection B(3), which
dealt with the maximum square footage of double-faced signs, was repealed
10-26-1992 by L.L. No. 8-1992. Said local law also renumbered former
Subsection B(4) through (7) as Subsection B(3) through (6).
[3]
Editor's Note: Said charts are included at
the end of this chapter.
(4)
No freestanding sign shall extend over or into the
public right-of-way, nor shall it overhang the property lines.
(5)
Freestanding signs under which a pedestrian walkway
or driveway passes must have a ten-foot vertical clearance.
(6)
Masonry wall-type signs shall not exceed four feet
in height and shall not be placed so as to impair visibility for motorists.
C.
Other signs.
(1)
Permanent window signs.
[Amended 10-26-1992 by L.L. No. 8-1992; 12-5-2016 by L.L. No.
7-2016]
(a)
Changeable copy window signs shall not exceed
three square feet.
(2)
Sign directories.
(a)
The character and size of the sign matrix and
of the individual sign components comprising the directory shall be
regulated in accordance with design guidelines provided by this chapter.
(b)
Sign directories shall contain identification
of and direction to several business enterprises, but shall contain
no promotional advertising.
(3)
Inflatable signs.
(a)
Inflatable signs may be permitted, but only
on a temporary, infrequent basis for grand openings or special events
as determined by the Director not to exceed 10 days for each event
and a maximum of two events per year.
[Amended 4-6-1998 by L.L. No. 2-1998]
(b)
Inflatable signs require a permit, and installation
on a building must be inspected and approved by a New York State licensed
engineer.
[Amended 10-26-1992 by L.L. No. 8-1992]
(4)
Signs in historic districts. Any request for a permit
to erect a sign located within the boundary of or within 100 feet
of the boundary of an historic district, as identified in the Clifton
Park Master Plan for Development (CPMPD, adopted April 17, 1995) shall
require site plan review and approval from the Planning Board.
[Amended 10-26-1992 by L.L. No. 8-1992; 4-6-1998 by L.L. No. 2-1998]
(5)
The Off-premises Sign Overlay Zone.
[Added 1-7-2002 by L.L. No. 1-2002]
(a)
An overlay zone is hereby established for signs
within a portion of the Town of Clifton Park along Route 9 from the
southernmost portion of the Town line as it crosses New York State
Route 9 and running north to the southerly end of Meyer Road.
(b)
Any off-premises/advertising signs located within
the Off-premises Sign Overlay Zone shall be subject to the following
requirements:
[1]
All off-premises/advertising signs within this
zone shall be limited to a maximum of 100 square feet per face.
[2]
No off-premises/advertising signs shall exceed
10 feet in height, including support, as measured from the ground
below the sign to the uppermost point of the sign or sign structure.
[3]
Only two billboard faces shall be permitted
on any one structure or support.
[4]
There shall be no artificial illumination permitted
either located on or directed toward the off-premises/advertising
sign.
[5]
No off-premises sign structure shall be located
nearer than 2,500 feet to another off-premises/advertising sign structure.
[6]
All off-premises/advertising sign applications
shall be allowable only by special use permit within the Off-premises
Sign Overlay Zone.
[7]
Any off-premises/advertising sign constructed
and placed shall be subject to all applicable setback requirements,
except that no sign shall be placed greater than 100 feet from the
property line which borders New York-U.S. Route 9.
(c)
Amortization of preexisting off-premises/advertising
signs.
[1]
All off-premises/advertising signs existing
within the boundaries of the Town of Clifton Park at the time of the
adoption of this subsection shall be removed within a period of three
years from the date of adoption of this subsection.
[2]
Any owner of an off-premises/advertising sign
subject to removal under this subsection may apply to the Town Board
for an extension of up to an additional three years of the period
within which the structure must be removed. Such a determination shall
be within the discretion of the Town Board. In making such a determination,
the Town Board shall consider the owner's initial investment, the
term of ownership, the depreciated value of the structure, and any
other relevant evidence supplied by the applicant.
(d)
Additional requirements and provisions.
[1]
Information for Assessor. Before a building
permit is issued for any off-premises/advertising sign, the applicant
shall provide to the Assessor of the Town of Clifton Park such information
concerning the deed, lease or license as is reasonably required by
the Assessor for real property tax purposes. The applicant or owner
will have an ongoing duty to report the cost of any material improvements
to the site. Such information may be exempt from public disclosure
pursuant to Public Officers Law § 87(2) or similar provisions
of the law.
[2]
Security requirements. An applicant who has
been granted a permit for the placement of an off-premises/advertising
sign and the applicant's assigns shall be responsible for continuous
maintenance of the off-premises/advertising sign and structure. The
applicant and/or owner of all off-premises/advertising signs shall
also be responsible for proper and complete removal of all advertising
signs and structures in the event that the special use permit granted
is terminated or abandoned.
[3]
The Planning Board shall require the applicant
to provide the Town of Clifton Park with adequate security to ensure
prompt and continuous compliance with the requirements of the special
use permit, such security being in the form of a letter of credit
or client fund account, to be held by the Town during the period of
time that the off-premises/advertising sign and structure shall be
permitted. The amount of such security, in whatever form, shall be
equal to the full estimated cost of the placement and removal of the
structure and sign. The amount of such security shall be determined
by the Planning Board prior to issuance of the special use permit.
[4]
Severability. If any provision of this chapter
or its applications to any person or circumstances is held invalid,
the invalidity does not affect other provisions or applications of
this chapter which can be given effect without the invalid provision
or application, and to this end, provisions of this chapter are separable.
All signs permitted within this chapter shall
comply with the following requirements:
A.
Illumination of signs shall be accomplished by means
of shielded light sources or in such other manner that no glare shall
extend beyond the property lines of the property upon which such signs
are located, and no glare shall disturb the vision of passing motorists
or constitute a hazard to traffic.
B.
No flashing, nonconstant or moving light sources shall
be permitted or constitute a part of any sign, with the exception
of public service information signs. Each public service message shall
be allowed to remain for not less than two seconds.
C.
No illuminated signs shall be permitted in any residential
zone.
[Amended 4-6-1998 by L.L. No. 2-1998]
[Amended 10-26-1992 by L.L. No. 8-1992]
To encourage appropriate and compatible graphic
design, material, colors, illumination and placement of proposed signs,
the following should be considered:
A.
Compatibility with the surroundings and appropriateness
to the architectural character of the buildings on which they are
placed. Sign panels and graphics should relate to and not cover architectural
features and should be in proportion to them.
B.
Appropriateness to the types of activities they represent.
C.
Orderly layout.
D.
A limited number of type faces on one sign or group
of signs.
E.
Consistency of colors with the design and use.
F.
Illumination appropriate to the size of the sign and
surroundings.
G.
Groups of related signs should express and create
a sense of harmonious appearance.
A.
If the Director shall determine that any sign regulated
in this chapter is not used, is abandoned, unsafe or insecure or is
a menace to the public, the Director shall give written notice to
the named owner of the land upon which it is located, who shall remove
or repair the sign within 30 days from the date of the notice. If
the sign is not removed or repaired within said time period, the Director
may seek authority from the Town Board to revoke the permit issued
for such sign and to remove or repair the sign and assess the owner
for all costs incurred for such service.
[Amended 10-26-1992 by L.L. No. 8-1992]
B.
The Director may cause any sign which is a source
of immediate peril to persons or property to be removed immediately
and without notice. The cost of such removal shall be assessed to
the owner.
[Amended 4-6-1998 by L.L. No. 2-1998]
A.
Any person or persons, associations or corporations
committing an offense under this chapter or any section or provision
thereof is guilty of a violation and shall, upon conviction thereof,
be subject to a fine not exceeding $1,000 or to imprisonment not exceeding
15 days, or both.
B.
In the event of a continuing offense of any section
or provision of this chapter, each day that such offense shall continue
shall be a separate violation and subject to a separate fine, imprisonment
or combination thereof.
C.
Notwithstanding a conviction for an offense against
any provisions or sections, any person or persons, association or
corporation convicted shall be subject to revocation of any permit
therein granted without reimbursement of fees paid therefor.
D.
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 $1,000
to be recovered by an action or proceeding in a court of competent
jurisdiction. Each day an offense continues shall be subject to separate
civil penalty.
A.
Intent. The intent of this section is to allow certain
provisions of this chapter to be modified where such modification
will encourage excellence in the planning and design of signs.
B.
Application for variance. Any person who wishes to
construct or install a sign or signs other than as permitted in this
chapter shall make application for a variance sign permit to the Zoning
Board of Appeals on forms provided and prescribed by the Building
Department.
C.
Guidelines. The following guidelines shall be considered
by the Zoning Board of Appeals in determining whether a variance sign
permit shall be issued. The proposed sign should:
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety or
the general welfare. It is not intended to interfere with, abrogate
or annul other rules, regulations or ordinances, provided that whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted regulations, rules or ordinances, the
most restrictive or those which impose the highest standards shall
govern.
