All signs hereafter constructed, erected, painted or otherwise
established, moved, altered or changed shall comply with the following
regulations.
A.
Purpose.
(1)
The purpose of this article is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs and outdoor signs of all types. It 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 sign or advertising
distractions and obstructions that may contribute to traffic accidents,
reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way, provide more visual open space, and curb
deterioration of the community's appearance and attractiveness.
(2)
This article is intended to promote attractive signs which clearly
present the visual message in a manner that is compatible with their
surroundings. 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 enhance their surrounds.
B.
AWNING SIGN
DIRECTIONAL SIGN
FREESTANDING SIGN
PORTABLE SIGN
PROJECTING SIGN
SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any visual message incorporated into an awning attached to
a building.
A sign limited to providing information on the location of
an activity, business or event.
Any sign not attached or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
A sign, whether on its own trailer, wheels, or otherwise
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
A sign which is attached to the building wall or structure
and which extends horizontally more than 15 inches from the plane
of such wall or structure.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors, or
on the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia cause when such is placed in view of the general public.
A sign related to a single activity or event having duration
of no more than 30 days.
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall, and not exceeding more than 15 inches from the face of such
wall.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
within four feet of the window.
A permit shall be required for all signs hereafter constructed,
erected, painted or otherwise established, moved, altered or changed,
unless otherwise exempted in this article, and shall comply with the
following regulations:
A.
Permit.
(1)
Upon the filing of a completed application for a sign permit and
payment of the required fee, the Building Director or his designee
shall examine the plans, specifications, and other data submitted
and the premises on which the sign is to be erected or now exists.
If it shall appear that the sign is in compliance with all the requirements
of this article, he shall then, within 15 days, issue a permit for
the erection of the proposed sign or for an existing sign. The issuance
of a permit shall not excuse the applicant from conforming to other
laws and ordinances of the municipality.
(2)
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of issuance, the permit
shall become null and void, but may be renewed within 30 days prior
to the expiration, for good cause shown, for an additional six months,
upon payment of 1/2 of the original fee.
(3)
Every sign shall bear the permit number, permanently and visibly
shown. Failure to do so shall constitute cause for revocation of the
permit.
The following types of signs are illustrative of the kinds that
may be erected and maintained without permits, or fees, providing
such signs comply with the general requirements of this article and
other conditions specifically imposed by the regulations:
A.
Historical markers, tablets and statues, memorial signs and 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; not exceeding six square feet.
B.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
C.
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, not exceeding four square feet per face and
six feet in height.
D.
Privately owned merchandise sale signs for garage sales and auctions,
not exceeding seven days.
E.
Temporary nonilluminated "For Sale," "For Rent," real estate signs
and signs of similar nature concerning the premises upon which the
sign is located.
F.
Temporary nonilluminated window signs and posters, which shall not
exceed 25% of the window space or four square feet, whichever is greater.
G.
One sign not exceeding six square feet in the residential districts
nor 16 square feet in the business districts, listing the architect,
engineer, contractor and/or owner, on the premises where construction,
renovation, or repair is in progress.
H.
Posters. Temporary, nonpermanent posters covering such things as
political events, sporting events, shows and elections shall not be
displayed until four weeks prior to the event and must be removed
within one week after the event. Such posters shall not be placed
within the right-of-way of any public highway.
I.
Political posters, banners, promotional devices and similar signs,
not exceeding four square feet in the residential districts or 16
square feet in the business districts, providing:
A.
Any sign or use of signs not specifically allowed by provision of
these regulations may be permitted upon approval of the Zoning Board
of Appeals.
B.
No sign shall be located in such a way as to interfere with driver
vision or other traffic.
C.
Any illuminated sign or lighting device shall employ only lights
emitting a constant intensity, and no sign shall be illuminated by
or contain a flashing, intermittent, rotating or moving light or lights.
In no event shall an illuminated sign or lighting device be placed
or directed so as to permit the beams and illumination therefrom to
be directed or beamed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or nuisance.
D.
No portable or temporary sign shall be placed on the front or face
of a building or any premises, except as otherwise provided herein.
E.
No sign or part thereof shall contain or consist of banners, posters,
pennants, ribbons, streamers, spinners or other similar moving, fluttering
or revolving devices. Included in this prohibition are signs which
are mechanically animated, such as moving, rotating or revolving signs.
Said devices, as well as strings of lights, shall not be used for
the purposes of advertising or attracting attention when not part
of a sign.
F.
All signs shall be constructed of wood, metal or other durable material
approved by the Building Director or his designee.
G.
All signs shall be of simple forms, such as rectangles, squares,
ovals or circles. Lettering, coloring, and decorative elements are
subject to review and approval by the Planning Board.
H.
No swinging signs which may cause a hazard shall be permitted.
I.
A-frame or sandwich board, sidewalk or curb signs other than exempted
temporary signs are prohibited.
J.
All illuminated freestanding signs shall have lighting to the sign
turned off within one hour of the close of business.
K.
Signs consisting of letters painted on or attached to a building
surface or to a freestanding masonry wall shall be computed by multiplying
the average height of the letters by the linear distance from the
first letter to the last letter of the sign.
L.
Where advertising material is displayed in a random manner without
an organized relationship of elements, each element shall be considered
to be a single sign.
M.
Nonaccessory advertising signs, including but not limited to billboards,
shall be strictly prohibited, except as temporary and off-site directional
signs are provided for in announcement signs.
N.
All nonaccessory signs and sign structures shall be removed within
five years of the effective date of this article.
O.
Permanent professional and business signs, whether affixed to buildings or freestanding, that are located on or associated with a shopping center (as defined in § 197-3) or within a contiguous multibuilding commercial/retail development site shall be approved by the Planning Board during site plan review in lieu of the requirements set forth in § 197-37D, E, F and G.
A.
Announcement signs.
(1)
Announcement signs of clubs, lodges, and public and semipublic buildings
shall be not greater than 12 square feet in area and shall be on the
premises of the facility, except that a single announcement sign not
exceeding six square feet may be located off-premises as a direction
sign if the facility is not located on a county or state road or highway.
Such signs may be illuminated.
(2)
Announcement signs of churches, charitable institutions and clubs
not exceeding six square feet may be located at strategic entrances
to the Town of North Greenbush and other locations as approved by
the Zoning Board of Appeals upon written request from the appropriate
officials of the facilities. Such signs may be illuminated.
B.
Home occupation signs.
(1)
Home occupation signs shall not exceed two square feet in area.
(2)
Such signs must be affixed to the main wall of the building, except
that plate signs not exceeding one square foot in area may be placed
in the front yard.
(3)
Such signs may be illuminated, provided that such lighting does not
produce a direct glare beyond the limits of the property line.
(4)
No more than two signs shall be permitted for any residential structure
or building.
C.
Exterior advertising.
(1)
One permanently fixed advertising display or message board may be
permitted in BG, BN, H, and IG Districts only by special permit or
by Planning Board site plan approval. Such display may be wall-mounted
or freestanding.
(2)
Where permitted, such advertising displays or message boards may
only advertise the products or service offered on the premises on
which the sign is located and shall meet the following minimum standards:
D.
Business and professional signs in business and industrial districts.
(1)
There shall be no more than two signs per business unit, one of which
can be a freestanding sign.
(2)
Such signs or lettering must contain only the name of the lawful
owners or occupants or their trademarks as well as services dispensed
on the premises. Such signs may contain a street address, phone number
and fax number.
(3)
Except as provided in Subsection D(6) herein, the total area of all professional and business signs shall not exceed two square feet per linear foot of width of each store unit. The greatest dimension of any sign shall not exceed 20 feet.
(4)
Such signs may be illuminated, provided that such lighting is not
intermittent, does not produce a direct glare beyond the property
line and does not use a color or shape which may be confused with
official traffic lights or signals.
(5)
Such signs shall not be placed in such a manner as to fully or partially
obstruct a Town, county or state highway or sidewalk.
(6)
Where the building is more than 150 feet from the road right-of-way,
then the greatest dimension of any sign shall not exceed 1/3 of the
linear width of the building or 33 feet, whichever is less.
E.
Wall signs.
(1)
The total area of a wall sign shall not exceed 60 square feet.
(2)
Wall signs shall not extend beyond the ends or over the top of the
walls to which they are attached, and shall not extend above the level
of the second floor of the building.
(3)
Wall signs shall not extend more than nine inches from the face of
the buildings to which they are attached.
(4)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches.
F.
Projecting signs.
(1)
The total area of a sign face of a projecting sign shall not exceed
20 square feet.
(2)
Projecting signs shall not have more than two faces.
(3)
The exterior edge of a projecting sign shall extend not more than
five feet from the building face.
(4)
No part of a projecting sign shall extend beyond the lot line of
the premises on which the sign is located.
(5)
Projecting signs shall have a minimum clearance of seven feet six
inches. Projecting signs shall not extend above the level of the second
floor of the buildings to which attached, or in any case be higher
than 12 feet.
(6)
No projecting sign shall be closer than 15 feet to the corner of
a building located at a street intersection.
G.
Freestanding signs.
(1)
Freestanding signs shall not be more than 32 square feet per side
for a double-faced sign.
(2)
Such signs shall not exceed the highest part of the building or 25
feet, whichever is greater.
(3)
No freestanding sign shall extend over or into the public right-of-way,
nor shall it overhang the property lines.
(4)
Freestanding signs under which a pedestrian walkway or driveway passes
must have a ten-foot vertical clearance.
(5)
Masonry wall-type signs shall not exceed four feet in height and
shall not be placed so as to impair visibility for motorists.
(6)
No freestanding sign shall be located less than 15 feet from the
front property line nor less than five feet from the side property
line. No freestanding sign may be located less than 50 feet from any
other freestanding sign.
A.
Maintenance.
(1)
The owner of any sign shall maintain the same in a safe condition.
All signs shall be subject to inspection by the Code Enforcement Officer
or his duly authorized representatives and, if found by such inspector
to be in an unsafe condition, shall be repaired or removed by the
owner. If the owner shall fail to make the needed repairs or removal,
the Code Enforcement Officer shall have the authority to have the
sign removed at the expense of the owner.
(2)
It shall be the responsibility of the owner to maintain its appearance
in all respects and, where signs constructed upon the ground are permitted
by this chapter, to cut the grass or remove any other growth and to
remove all rubbish from the base area of the sign.
(3)
Signs that advertise any activity, business, product or service no
longer conducted or available on the premises shall be considered
abandoned and shall be removed at the request of the Code Enforcement
Officer or his duly authorized representatives. If the sign has not
been removed 90 days after the date of a written request, the Code
Enforcement Officer shall have the authority to have the sign removed
at the expense of the owner.
B.
Review and appeals.
(1)
Any person aggrieved by a decision of the Code Enforcement Officer
or his duly authorized representatives to the provision of this article
may appeal such decision in writing to the Board of Appeals as provided
in the Zoning Regulations and shall comply with all procedural requirements
prescribed by such Board.
(2)
In granting any variance from the provisions of this article, the
Board of Appeals must find that the variance is necessary for the
reasonable use of the land or buildings, that granting the variance
is in harmony with the general purposes and intent of this article,
that such will not be injurious to the neighborhood character or otherwise
detrimental to the public welfare, and that denial of the variance
would result in practical difficulty or unnecessary hardship to the
applicant.
(3)
Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit, or who in any other way violates any provision of this article, shall be guilty of an offense and shall be subject to the penalties as established in § 197-54 of the Code of the Town of North Greenbush. Each week's continuous violation shall constitute a separate additional violation.
(4)
In case of a violation of this article, the municipality and its
officers may, in addition to any other remedies specifically conferred
by law or ordinance, institute any appropriate proceedings to prevent
unlawful erection, construction, reconstruction, alteration or use
of any sign not in compliance with this article.
