[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward 5-7-2001 by L.L. No. 1-2001 (Ch. 70 of the 1985
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 350.
A.
The purpose of this chapter 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 hereby to reduce sign
or advertising distractions 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
the deterioration of the community's appearance and attractiveness.
B.
This chapter is intended to promote attractive signs which clearly
and simply present their visual messages in a manner that is compatible
with their surroundings.
As used in this chapter, the following terms shall have the
meanings indicated:
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, displaying an advertisement, announcement,
notice or names and shall include any declaration, demonstration,
display, representation, illustration or insignia used to advertise
or promote the interests of any person or business or cause when placed
in view of the general public.
AWNING SIGNAny visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGNAny sign on which the visual message may be periodically changed.
DIRECTIONAL SIGNA sign limited to providing information on the location of any activity, business or event.
FREESTANDING SIGNAny sign not attached to or part of any building, but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, nylon signs and masonry wall-type signs.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, including reflective and phosphorescent light.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building or another sign.
PROJECTING SIGNA sign which is attached to a building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
BILLBOARD SIGNAn off-premises sign displaying advertising sign copy that is pasted, painted or fastened in a manner to permit its periodic replacement and that does not direct attention to a use, activity, facility, product or service existing on the lot on which the sign is placed.
WALL SIGNA 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 extending more than 15 inches from the face of the wall.
A.
Except as otherwise provided; no person shall erect, alter or relocate any sign without first obtaining a permit from the Village Clerk. Within six months following the effective date of this chapter, a permit shall also be obtained for any sign in existence as of the effective date of this chapter, with no fee, unless excluded by the exempt signs provision under § 260-4. Subsequent to this initial application, no permit shall be required for a sign to be repainted, repaired or to have its message changed.
B.
Application procedure. Applications shall be made, in writing, to
the Village Clerk on forms prescribed and provided by the Village
of Fort Edward and shall contain the following information:
C.
If a new sign is to be erected, elevation and plan drawings should
be included. In addition, a full description of the placement and
appearance of the proposed sign should be included and should cover
the following:
(1)
The 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 any lighting
devices.
(3)
The graphic design, including symbols, letters, materials and colors.
(4)
The visual message text, copy or content of the sign.
D.
Approval. Upon the filing of a completed application, the Code Enforcement
Officer 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 chapter, he shall then give approval for the erection of the
proposed sign or for an existing sign.
The following types of signs may be erected without permits
or fees, provided that such signs comply with the general requirements
of this chapter and other pertinent regulations:
A.
Historical markers, tablets and statues, memorial signs and plaques;
names and dates of buildings; and nonadvertising on-premises signs
installed by religious or nonprofit organizations, not exceeding six
square feet.
B.
Signs, notices or emblems installed by government bodies.
C.
Flags or insignias of any government, except when displayed in connection
with commercial promotion.
D.
On-premises nonadvertising 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;
freestanding signs not to exceed six feet in height. Business names
and personal names shall be allowed, excluding advertising messages.
E.
Nonilluminated warning, "private drive," "posted" or "no trespassing"
signs, not to exceed two square feet.
F.
One on-premises sign, either freestanding or attached, in connection
with any residential building in any zoning district, for permitted
professional offices or home occupations, not to exceed two square
feet. Said sign must be set back at least 10 feet from the highway
right-of-way.
G.
Number and name plates identifying residents, mounted on a house,
apartment or mailbox, not to exceed one square foot in area.
H.
Private-owner merchandise sales signs for garage sales, yard sales,
auctions and the like, not exceeding four square feet for a period
not exceeding seven days.
I.
Temporary, nonilluminated "for sale," "for rent" and real estate
signs of a similar nature concerning the premises upon which the sign
is located, one sign not exceeding four square feet per side; in a
business or industrial area, one sign not exceeding 50 square feet,
set back at least 15 feet from all property lines. All such signs
shall be removed within three days after closing the sale or the effective
date of the lease or rental of the premises.
J.
One temporary sign for a roadside stand selling agricultural produce,
in season, provided that such a sign shall not exceed 16 square feet
and shall be set back at least 10 feet from the public right-of-way.
Said sign shall be removed within three days after the produce is
no longer for sale.
K.
Holiday decorations, including lighting, which may be displayed in
any district.
L.
Temporary, nonilluminated, window signs and posters.
N.
Temporary directional signs for meetings, conventions and other assemblies.
Said signs may be displayed five days prior to said event and be removed
within two days following the event.
O.
One sign, not exceeding six square feet in the residential districts
or 16 square feet in the commercial or industrial districts, listing
the architect, engineer, contractor and/or owner, on premises where
construction, renovation or repair is in progress. Said sign shall
be removed within three days of completion of such work.
P.
Political posters, banners, promotional devices and similar signs
not exceeding four square feet in the residential districts or 16
square feet in the commercial or industrial districts, provided that:
(1)
Placement shall not exceed 30 days before nor three days following
said event.
(2)
The names and addresses of the sponsor and/or the person responsible
for removal are identified on each such sign or poster.
(3)
Such signage shall be set back at least 10 feet from all property
lines and shall not be located within any public right-of-way.
A.
No off-premises signs shall be allowed other than as permitted under the exempt signs provisions of § 260-4 above.
B.
No sign in any district shall be placed or located within or extend
into the right-of-way of any public highway or roadway.
C.
No sign shall be illuminated by or contain flashing, intermittent,
rotating or revolving lights, except to show time and temperature.
D.
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 or intersection by placement and
location within 15 feet of the intersection of the street or highway
lines.
E.
No sign or sign supports shall be placed upon the roof of any building.
F.
No sign shall consist of banners, pennant, ribbons, streamers, spinners
or similar moving, fluttering or revolving devices.
G.
No advertising message shall be extended over more than one sign
placed along a street or highway.
H.
No sign shall be attached to fences, utility poles or trees.
I.
No sign shall be erected in such a manner as to confuse or obstruct
the view of any traffic sign, signal or device.
J.
No sign(s) shall be placed along a state highway without first obtaining
permission from the New York State Department of Transportation in
order to avoid conflict with any New York State law.
K.
No sign will exceed four feet high from the ground when it is placed
between the curb and sidewalk or beside a roadway.
L.
No billboard-type sign shall be permitted in the limits of the Village
of Fort Edward.
The following permanent signs may be erected; provided, however,
that the provisions of this section shall not serve to expand the
number of signs otherwise allowed.
A.
Off-premises directional signs for the convenience of the general
public and for the purpose of directing people to a business, activity,
service or community facility may be erected, provided that such signs
do not exceed 10 square feet per establishment, nor total more than
two such signs per establishment. The message shall be limited to
name or identification, arrow or direction and distance.
B.
A nonilluminated, single-sided real estate development sign, including
industrial and commercial development and residential subdivision,
or a construction sign denoting architect, engineer and/or contractor,
not exceeding 32 square feet in commercial and industrial districts,
nor 16 square feet in residential districts, may be erected on property
being sold, leased or developed. Such sign shall be erected parallel
to the fronting highway and set back a minimum of 20 feet from the
property line or attached to the building face. Such sign shall be
removed upon completion of the project and shall be in place for a
period not exceeding two years.
C.
Signs or bulletin boards customarily incident to schools, places
of worship, libraries, museums, social clubs or societies may be erected
on the premises of such institutions. One such sign or bulletin board
not exceeding 20 square feet may be erected for each entrance on a
different street or highway.
D.
For multiple dwellings or apartment developments, one sign advertising
availability of dwelling units, not exceeding 20 square feet, shall
be permitted. One such sign shall be permitted for each entrance on
a different street or highway.
A.
B.
Specific regulations. Specific district regulations shall be as follows:
(1)
Residential districts.
(a)
Permitted nonresidential uses and legal nonconforming nonresidential
uses may display one freestanding and/or one projecting sign pertaining
to the use of property upon which the sign is situated. Freestanding
signs shall have a total face area not exceeding 16 square feet and
shall be set back five feet from any adjoining property boundaries.
Projecting signs shall have a total face area of not more than six
square feet and shall not project more than 40 inches from the principal
building to which they are attached.
(b)
Internally illuminated signs are not permitted in the residential
districts. Externally illuminated permanent signs shall not be illuminated
in such a manner that the illumination becomes an infringement to
the adjoining residences.
(c)
Temporary or portable signs referring to a specific event or
activity are permitted for a period of five days prior to and two
days following the activity or event to which they pertain. In no
instance shall this period exceed seven days.
(2)
Commercial and industrial districts.
(a)
Where groups of three or more contiguous businesses are located
together, one common freestanding sign denoting the name of the facility
shall be permitted, not exceeding 50 square feet per side and with
its bottom panel not more than eight feet above grade. All other signs
shall be attached to buildings, of a wall, projecting or soffit type,
and coordinated in material, shape, lettering, color and/or decorative
elements.
(b)
Representational signs shall not project in any direction more
than five feet beyond the principal structure to which they are attached
and shall not exceed 15 square feet. Only one such sign per establishment
shall be permitted, with the area of such sign structure included
within the total sign area permitted.
(c)
Illuminated signs which indicate the time, temperature, date
or similar public service information shall not exceed 32 square feet.
(d)
A new business or a business in a new location awaiting installation
of a permanent sign may utilize a portable sign for a period of not
more than 30 days or until installation of a permanent sign, whichever
comes first. Such a portable sign must meet all construction standards.
A separate permit for such portable sign shall be required.
A.
In the event that a sign lawfully erected prior to the effective
date of this chapter does not conform to the provisions and standards
of this chapter, then such sign may continue in use until replaced
or until the sign no longer advertises an existing business conducted
or product sold on the premises upon which such sign is located.
B.
A nonconforming sign shall not be enlarged or replaced by another
nonconforming sign.
C.
Any maintenance, repair or alteration of a nonconforming sign shall
not cost more than 50% of the current depreciated value of the sign
as of the date of alteration or repair.
A.
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.
B.
If the Code Enforcement Officer shall find that any sign regulated
by this chapter is not used, is abandoned, unsafe or insecure or is
a menace to the public, the Code Enforcement Officer 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 notice.
C.
The Code Enforcement Officer may cause any sign which is a source
of immediate danger to persons or property to be removed immediately
and without notice.
A.
General.
(1)
All internally illuminated signs shall be constructed in conformance
with the Standards for Electric Sign (UL48) of Underwriters'
Laboratories, Inc., and bear the seal of Underwriters' Laboratories,
Inc.
(2)
All transformers, wires and similar items shall be concealed. All
wiring to freestanding signs shall be underground.
(3)
All freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area.
(4)
All signs, including wall-mounted and projecting signs, shall be
securely anchored.
(5)
All signs, sign finishes, supports and electrical work shall be kept
clean, neatly painted and free front all hazards, such as but not
limited to faulty wiring and loose supports, braces and anchors.
(6)
All projecting, freestanding or wall signs shall employ acceptable
safety material.
(7)
All signs shall be painted and/or fabricated in accordance with generally
accepted standards.
B.
Design guidelines.
(1)
Signs shall be designed to be compatible with the surroundings and
appropriate to the architectural character of the buildings or which
they are placed. Sign panels and graphics shall be related with, and
not cover, architectural features and should be in proportion to them.
(2)
Signs shall be appropriate to the types of activities they represent.
(3)
Layout shall be orderly and graphics should be of simple shape, such
as rectangle, circle or oval.
(4)
Illumination shall be appropriate to the character of the sign and
surroundings.
(5)
Groups of related signs shall express uniformity and create a sense
of harmonious appearance.
(6)
All signage shall be professional in appearance and construction
as not to visually detract from the character of the area or have
a negative effect upon the quality and value of surrounding properties.
C.
Specific regulations of sign types. The following are descriptions
of signs varying in construction and type which shall comply with
the additional conditions set forth herein:
(1)
Wall signs.
(a)
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.
(b)
Wall signs shall not extend more than nine inches from the face
of the building to which attached, except that copy-change signs may
extend 15 inches.
(c)
Any part of a sign extending over a pedestrian traffic area
shall have a minimum clearance of eight feet.
(2)
Projecting signs.
(a)
Projecting signs shall not have more than two faces.
(b)
The exterior edge of a projecting sign shall extend not more
than five feet from the building face.
(c)
No part of a projecting sign shall extend into vehicular traffic
areas, and any part extending over pedestrian areas shall have minimum
clearance of eight feet.
(d)
Projecting signs shall not extend above the level of the second
floor of the building to which attached or in any case be higher than
12 feet.
(e)
No projecting sign shall be closer than 15 feet to the corner
of a building located at a street intersection.
(3)
Freestanding signs.
(a)
No freestanding sign shall be located less than two feet from
the front property line, nor less than five feet from the side property
line. No freestanding sign shall obstruct the view or constitute a
safety hazard.
(b)
No freestanding sign shall be more than 20 feet in height above
finished grade.
(c)
No freestanding sign shall extend over or into the public right-of-way,
nor shall it overhang the property lines.
(d)
Freestanding signs under which a pedestrian walkway or driveway
passes must have a ten-foot clearance.
(e)
Masonry wall-type signs shall not exceed four feet in height
and shall not be placed so as to impair visibility for motorists.
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 chapter
shall be guilty of an offense punishable by a fine of not more than
$250, up to 15 days' imprisonment, or both.
