[HISTORY: Adopted by the Town Board of the
Town of Queensbury 12-6-2010 by L.L. No. 13-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 80.
Fire protection and building construction — See
Ch. 88.
Junkyards — See Ch. 102.
Mobile homes — See Ch. 113.
Zoning — See Ch. 179.
Subdivision of land — See Ch. A183.
[1]
Editor's Note: This local law also repealed
former Ch. 140, Signs, adopted 8-21-2000 by L.L. No. 9-2000, as amended.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed advertising,
outdoor advertising signs and signs of all types. It is intended to
provide for practical visibility, to prevent unreasonable distraction
of operators of motor vehicles, to prevent confusion with regard to
traffic lights, signs or signals, to promote maximum safety, comfort
and well-being of the users of the highways, to protect property values,
to create a more attractive economic and business climate, to enhance
and protect the physical appearance of the community, to preserve
the scenic beauty, natural beauty and aesthetic appeal of designated
areas and to provide a more enjoyable and pleasing community.
B.
ADVERTISING PANELS
APPLICANT
BUSINESS COMPLEX
COLLECTOR STREET
DIRECTOR OF BUILDING AND CODE ENFORCEMENT
ERECT
FRONT
LIGHTING DEVICE
MAJOR STREET
MARQUEE or CANOPY
PERSON
PROPERTY LINE
(1)
(2)
(3)
(4)
SIGN
SIGN, CHANGEABLE COPY
SIGN, DIGITAL OR ELECTRONIC
(1)
(2)
SIGN, DOUBLE-FACED
SIGN, FLASHING
SIGN, FREESTANDING
SIGN, HUMAN
SIGN, ILLUMINATED
SIGN, MONUMENT
SIGN, PORTABLE
SIGN, PROJECTING
SIGN, ROOF
SIGN STRUCTURE
SIGN SURFACE OR AREA
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW
STANDARD OUTDOOR ADVERTISING PANELS
STREET
ZONING ADMINISTRATOR
ZONING DISTRICT
As used in this chapter, the following terms shall have the meanings
indicated:
A sign relating to a product, service, activity, business
or establishment that is not on the premises on which the sign is
located, or a freestanding sign larger than 150 square feet and commonly
called a "billboard."
An individual, tenant and/or property owner requesting a
sign or temporary sign permit.
Three or more businesses and/or offices conducted on the
same lot.
A street which serves or is designed to serve as a traffic-way
for a neighborhood or as a feeder to a major street.
The Director of Building and Code Enforcement of the Town
of Queensbury or his duly authorized assistant(s).
To build, construct, alter, display, relocate, attach, hang,
place, suspend or affix any sign, and also includes the painting of
signs on exterior walls.
In reference to a building or structure, the outer surface
of a building or structure which is visible from any private or public
street, highway or public way.
Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy-traffic-generating areas.
These shall be considered roof structures.
A person, firm, partnership, association, corporation, company,
institution or organization of any kind.
FRONT PROPERTY LINEThe line separating the property from the boundary of the highway or right-of-way upon which the property abuts.
FRONT PROPERTY LINE OF CORNER LOTThat portion of a lot that is directly adjacent to that side of the principal building which is directly opposite the architectural main entrance of said building and the neighboring side lot line.
REAR PROPERTY LINEThe property line opposite to and the most distant from the front property line.
SIDE PROPERTY LINEAny property line other than a front or rear property line.
A name, identification, display, announcement, declaration,
device, demonstration or illustration which is affixed to or painted
or represented directly or indirectly upon a building, structure or
parcel of property and which directs attention to an object, product,
place, person, activity, institution, organization or business and
is intended to attract attention or propose a commercial transaction.
A sign constructed or designed to allow for periodic changes
of copy, and for which the copy is changed not more than once each
twenty-four-hour period.
Signs whose alphabetic, pictographic or symbolic informational
content can be changed or altered on a fixed display surface composed
of electrically illuminated or mechanically driven changeable segments.
Includes the following two types:
FIXED MESSAGE ELECTRONIC SIGNSSigns whose basic informational content has been pre-programmed to include only certain types of information projections, such as time, temperature, predictable traffic conditions or other events subject to prior programming.
COMPUTER-CONTROLLED VARIABLE MESSAGE ELECTRONIC SIGNSSigns whose informational content can be changed or altered by means of computer-driven electronic impulses.
A sign designed to be viewed from two directions and which
at no point is thicker than 24 inches measured from the exterior surface
of each face, and the two faces of the sign are either parallel or
the angle between them is 30° or less.
An illuminated sign in which the artificial lighting is not
maintained in a stationary or constant intensity.
A sign not attached to any building, but permanently affixed,
by any means, in or upon the ground.
A human sign is a sign held by or attached to a human for
the purposes of advertising or otherwise drawing attention to an individual,
business, commodity, service, activity or product. A person dressed
in costume for the purpose of advertising or otherwise drawing attention
to an individual, business, commodity, service, activity or product
shall also be construed as a human sign.
Any sign illuminated by electricity, gas or any other artificial
lighting.
A freestanding sign, supported by columns and a base, which
is placed on or at ground level and not attached to any building wall,
fence or other structure.
A sign (whether on its own trailer, wheels or otherwise)
designed to be movable and not structurally attached to the ground,
a building, structure or any other sign.
A sign which is attached to the building wall and which extends
more than 15 inches from the surface of such wall, or a sign which
is perpendicular to the surface of such wall.
A sign erected upon a roof or parapet of a building or structure.
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 of the sides or the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
The entire area within a single, continuous perimeter enclosing
all elements of the sign which form an integral part of the display.
The structure supporting a sign shall not be included unless the structure
is designed in a way to form an integral background for the display.
Only one face of a double-faced sign shall be included as surface
or area of such a sign.
A sign used for the purpose of short-term advertising limited
to 60 days.
A sign which is attached to the wall of a building, with
the face in the plane parallel to such wall and not extending more
than 15 inches from the face of such wall.
A sign maintained in or painted upon a window or which is
inside a structure not in or on a window but visible from a parking
lot or roadway.
An advertising panel structure, approximately 25 feet horizontal
and 12 feet vertical, used for the posting or painting of advertising
or public service copy.
A public way which affords the principal means of access
to abutting property, including a(n) avenue, place, way, drive, lane,
boulevard, highway, road and any other thoroughfare except an alley.
The particular area of the Town as established and depicted
on the Official Town Zoning Map for which particular regulations governing
the area, height, use of buildings or use of land, and other regulations
relating to development or maintenance of existing uses or structures,
are uniformly applied in that area.
The following signs are permitted without a permit, provided
that such signs comply with the general regulations of this chapter:
A.
Signs posted by governmental agencies or required by governmental
law, order or regulations.
B.
Signs incidental to the legal process.
C.
Historical tablets, memorial plaques or emblems installed by governmental
agencies or religious or recognized nonprofit organizations, not to
exceed six square feet.
D.
Transportation signs, including bus stops, etc., not to exceed two
square feet.
E.
Flags or emblems of religious, educational or governmental organizations
or individuals, flown from supports of the buildings or grounds being
occupied by the organization or an individual.
F.
Signs necessary for the identification, operation or production of
a public utility.
G.
On-premises directional and/or instructional signs for the convenience
of the general public, identifying public parking areas, loading zones,
entrances and exits, self-service areas and similar signs, internally
illuminated or nonilluminated, not to exceed four square feet. Where
a portion of a sign is text required by law or regulation, the total
area may be increased to a maximum of six square feet per face. Business
names or personal names shall be allowed, not to include advertising
messages. A maximum height of six feet shall be allowed, except that,
where required for public safety and/or by permission of enforcement
officers, a maximum height of 10 feet may be allowed.
H.
"Warning," "Private Drive," "Posted" or "No Trespassing" signs, not
to exceed two square feet in surface area.
I.
Signs which are an integral part and advertise only the contents
of vending machines and which are located within the profile of such
vending machines, such as gasoline pumps and snack or beverage machines,
not to exceed two square feet.
J.
On-premises signs which are not visible from any public street or
adjoining and abutting properties.
K.
Signs advertising the sale, lease or rental of the premises upon
which the sign is located, to be nonilluminated.
(1)
LC, PR, RR, WR, MDR, NR and PUD Zoning Districts: one sign per owner
and one sign per broker, each sign not to exceed six square feet.
(2)
MS, O, RC, NC, CI, CM, ESC, CLI and HI Zoning Districts: one sign,
not to exceed 50 square feet. Setbacks from all property lines shall
be a minimum of 15 feet.
(3)
Signs shall be removed by three days after the sale, lease or rental
of the premises.
L.
Project signs, nonilluminated, denoting the developer, architect,
engineer, subcontractors or contractor on the premises where construction,
repair or renovation is in progress. Each project shall be permitted
one sign, not to exceed 50 square feet in surface area, to be removed
upon completion of the project but not to be in place longer than
two years. Setbacks from all property lines shall be a minimum of
15 feet.
M.
One double-faced freestanding sign and one single-faced attached
sign for professional offices (physician, dentist, architect, engineer,
surveyor or lawyer) and permitted home occupations, not to exceed
two square feet of surface area per face, stating name and vocation
only.
N.
Name and number plates identifying residents, mounted on a house,
apartment or mailbox, not to exceed one square foot.
O.
Lawn signs identifying residents, not to exceed one square foot of
surface area, or two square feet if double-faced. 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.
P.
Private-owner merchandise sale signs for garage sales and auctions,
not to exceed four square feet, for a period not to exceed seven days.
Q.
Price signs required on fuel pumps by New York State or federal law,
not to exceed the minimum size requirements established by said state
or federal laws. If such a sign uses light-emitting diodes (LEDs)
to display prices (sometimes known as an "LED price sign" or an "LED
variable message price sign"), it may be permitted subject to the
following restrictions:
[Amended 10-17-2016 by L.L. No. 7-2016]
(1)
Flashing, animated or variable color LEDs and signs are prohibited.
(2)
LED price signs shall show the pump unit price of the fuel(s) only.
All other informational content is prohibited.
(3)
The maximum permitted horizontal illuminance shall not exceed 0.1
footcandles. The property owner, lessee or manager responsible for
the fuel pump(s) must have on site and produce upon request a manufacturer's
certification that each LED variable message price sign in use meets
this standard.
A.
General provisions.
(1)
Temporary signs shall be permitted for a period not to exceed 60
days per calendar year, provided that such signs are not attached
to fences, trees, utility poles, rocks or other such parts of a natural
landscape, and further provided that such signs are not placed in
a position that will obstruct or impair vision or traffic or in any
manner create a hazard or disturbance to the health and welfare of
the general public. Temporary sign permit applications shall be available
from the office of the Zoning Administrator. The application must
be signed by the property owner or his/her authorized agent, and the
proper fee and deposit must be paid at the time of application submission.
(2)
The sign must be removed upon expiration of the permit. Upon failure
of the permit holder to remove the sign, the Zoning Administrator
will issue a written notice directing that the sign be removed within
24 hours. Failure to comply with this notice within 24 hours shall
result in forfeiture of the cash deposit.
D.
Placement of temporary signs allowed:
(1)
Temporary wall signs must be placed flush against the wall of a building
and may not project more than four inches from the surface of the
wall to which they are attached.
(2)
Temporary freestanding signs must be placed a minimum of 15 feet
from the front property line. In instances where the front property
line cannot be determined, the following setbacks shall apply:
The following regulations shall apply to all signs:
B.
Illumination. All illuminated signs shall employ only lights emitting
a light of constant intensity, and no sign shall be illuminated by
or contain flashing, intermittent sequences or moving lights. No bare
lamps, bare bulbs or fluorescent tubes shall be allowed. No bare lamps
or bare bulbs on a string shall be allowed. All exterior sign lighting
shall be downcast with cutoff fixtures. The provisions of this subsection
shall not be applied so as to prohibit a sign changing to show time
or temperature. No sign shall use reflective material which sparkles
or glitters. Signs known as digital billboards, electronic display
panels and similar LED digital advertising displays shall be prohibited,
with the exception of price signs on fuel pumps as required by applicable
state and/or federal laws. (See § 140-30.)
[Amended 10-17-2016 by L.L. No. 7-2016]
C.
Hazard or nuisance. No sign or illumination therefrom shall be so
placed as to be a hazard to traffic or the public generally or as
to be a nuisance or annoyance to the residents or occupants of any
other building or premises, nor shall any sign project into any required
setback or public right-of-way.
D.
Signs using red, yellow or green lights shall not be placed within
100 feet of traffic control signals.
E.
Signs or advertising matter of an indecent or obscene nature shall
be prohibited.
F.
No misleading advertising shall be allowed.
G.
Signs using wording such as "stop," "look," "danger" or words of
a similar nature which may tend to confuse, mislead or resemble any
governmental or duly authorized sign shall be prohibited.
H.
Human signs shall be prohibited.
I.
No projecting
sign shall be erected or maintained from the face of a building a
distance of more than four feet.
J.
Any advertising which uses a series of two or more signs placed along
a street or highway, carrying a single advertising message or theme,
part of which is contained on each sign, shall be prohibited.
K.
All signs and parts thereof shall be stationary and shall not be allowed to move or simulate movement. Flags, banners, pinwheels, posters, balloons, streamers, searchlights or other similar fluttering, moving or revolving devices for the purpose of advertising or attracting attention shall be prohibited, except as may be permitted under § 140-4, Temporary signs.
L.
No permanent sign erected or maintained in the window of a building
and visible from any public or private street or highway shall occupy
more than 20% of the area of said window.
M.
Only one sign designating credit cards acceptable at any one premises
may be displayed. Such sign shall be no more than two square feet
in area. Said sign area shall not be computed as part of allowable
sign footage.
N.
Portable signs shall not be allowed. Vehicles parked on the street
or in locations on private property which have attached thereto or
suspended therefrom any advertising sign shall not be allowed. This
subsection shall not apply to permanent business identification on
vehicles.
O.
Signs which project above any roof ridgeline or parapet line shall
not be permitted. Signs, other than permitted projecting signs, which
change the profile of the building shall not be permitted.
P.
The text on each sign shall be limited to the following:
Q.
A wall sign shall not project more than 15 inches from the face of
the building wall nor extend beyond the outer edge of the wall to
which it is attached.
R.
Advertising panels shall meet the following requirements:
(1)
No new advertising panels shall be constructed or erected.
(2)
Expansion of existing advertising panels is prohibited.
(3)
Advertising panels that have not shown advertising for an existing
business or event for over one year shall be discontinued and removed.
(4)
Standard outdoor advertising panels may be continued and maintained
in any commercial or industrial zoning district, but they may not
be double-decked or over 20 feet in height, and they shall employ
only lights emitting a light of constant intensity.
A.
General. No sign or other device for advertising purposes shall be
erected, established, constructed, reconstructed, enlarged, extended,
moved or structurally altered after the effective date of this chapter
without application for and issuance of a permit, except as provided
for by this chapter.
B.
Setback size, placement and number, height and off-premises directional
sign limitations of permitted signs:
(1)
Setback of freestanding signs. The setback for freestanding signs
shall be a minimum distance of 15 feet from any property line.
(2)
Size.
(a)
Freestanding signs. The surface area of one side shall not exceed
45 square feet at a fifteen-foot setback or 60 square feet at a twenty-five-foot
setback.
(b)
Signs attached to buildings (wall signs and permitted roof signs).
[1]
The surface area of signs attached to any building shall not
exceed 20% of the area of the wall or roof to which such sign is attached
or up to 30 square feet, whichever is less. The size of wall signs
and permitted roof signs will be further regulated by the distance
of the building from the front property line. Buildings which are
located at a distance of at least 100 linear feet from the front property
line are permitted to have a wall sign or a permitted roof sign of
up to 100 square feet. Buildings with more than 100 feet of setback
from the front property line will be permitted an additional 10 square
feet of sign surface for each 10 additional feet of setback to a maximum
sign size of 200 square feet. A shopping center with a group of stores
or sales or service buildings shall not be eligible for this permit.
[2]
In order for a roof sign to be permitted, there must be compliance with all other provisions of this chapter. If a roof sign is permitted under this chapter with respect to a particular building or structure, only either a roof sign or a wall sign shall be allowed, not both, and the total permitted surface area of either such roof sign or wall sign shall be as set forth in Subsection B(2)(b)[1] above.
(3)
Placement and number.
(a)
Freestanding signs shall be allowed in commercial or industrial
zoning districts only, except as provided for in this chapter.
(b)
Signs attached to or painted on buildings shall be allowed in
commercial or industrial zoning districts only, except as provided
for in this chapter.
(c)
A business located on a parcel of property shall be granted
a permit for two signs: one freestanding, double-faced sign and one
sign attached to a building (wall sign or permitted roof sign) or
two signs attached to a building. A building on a street corner lot
or contiguous to two streets shall be allowed two building signs and
one freestanding sign. Where a building is situated on a corner lot,
one wall sign will be allowed on each side of the building facing
a public street. Only one freestanding sign will be permitted in these
circumstances.
(d)
Business complex. The following regulations shall apply specifically
to a business complex. These regulations supersede other provisions
of this chapter.
[2]
Signs allowed within a business complex shall comply with the
following size and dimensions:
[a]
Double-sided, freestanding signs shall be limited to 45 square feet in area at a setback of 15 linear feet and 60 square feet in area at a setback of 25 feet. Maximum height shall not exceed the requirements outlined in § 140-6B(4).
[b]
Wall/roof signs shall be regulated by the distance of the wall
or roof on which the sign is to be placed to the front property line.
At a distance of up to 80 linear feet from the front property line,
the wall or roof sign area shall be limited to 100 square feet. Linear
setback distances of greater than 80 linear feet from the front property
line shall be permitted an additional 10 square feet of sign area
for each 10 additional feet of setback distance, up to a maximum limit
of 200 square feet.
[c]
Directional signs shall be limited to four square feet in area.
When a portion of a sign is text required by law or regulation, the
total area may be increased to a maximum of six square feet. The maximum
height shall be limited to 10 feet.
[3]
Placement of signs within a business complex shall be regulated
as follows:
[a]
A freestanding sign may be placed at each entrance accessing
a different public right-of-way. Freestanding signs shall be placed
a minimum of 15 feet from any property line.
[b]
Wall/roof signs shall not project above the roof ridgeline or
parapet line of the building to which they are attached. Wall/roof
signs shall not alter or expand the profile of the building to which
they are attached.
[c]
Directional signs shall only be placed at points of ingress
or egress to the business complex. Placement of directional signs
shall not adversely affect vehicular or pedestrian traffic safety
or flow.
[5]
Other provisions. Lettering and/or logos on freestanding signs
for business complexes shall be a minimum of six inches in height.
(e)
Hotels, motels, golf clubs, ski areas, boat storage, amusement
centers and other substantial facilities in all zoning districts shall
be permitted two signs of 50 square feet maximum each.
(f)
Roadside stands in all zoning districts shall be permitted two
signs: one for identification and one for current products for sale,
each sign not to exceed 32 square feet.
(g)
Apartment complexes in all zoning districts shall be permitted
one sign for each entrance on a different street or highway, each
sign not to exceed 32 square feet.
(4)
(5)
Off-premises directional signs.
(a)
Signs for the convenience of the general public and for the
purpose of directing persons to a business, activity, service or community
facility may be erected in any zoning district, provided that such
signs do not exceed 10 square feet of area per location, not to exceed
a total of 40 square feet.
(b)
Text shall be limited to name or identification; arrow or direction;
and distance. Advertising messages shall be prohibited.
(c)
Permits for such signs shall be subject to the approval of the
Zoning Administrator.
(d)
Such signs shall be limited to arterial and collector streets.
A.
Main Street Zoning District.
(1)
Wall signs. Signs above individual establishments shall be centered above each respective shop front. If an awning is present, signs shall be two feet above the awning. For size limitations, see § 140-6B(2)(b).
(2)
Hanging or projecting signs.
(a)
Shall be placed perpendicular to the wall and should be located
above the establishment entrance doorway.
(b)
Shall not extend below the bottom of the lintel, nor above the
top of the upper bay on multistory buildings.
(c)
The lowest point of any projecting sign must be eight feet above
any pedestrian walkway.
(d)
Bracket designs shall be integrally planned, detailed and highly
ornamental in nature. Brackets shall be consistent throughout their
use on any individual building.
(3)
Window signs. Window signs are encouraged, subject to the following:
(a)
Lettering on street level storefront glass shall be no more
than eight inches high and obscure no more than 20% of the glass area.
(b)
Temporary signs advertising specific products or services may
be placed behind the storefront glass, limited to six square feet
or 15% of the glass area, whichever is less.
(4)
Awnings: Awnings shall be subject to the standards noted in § 179-7-070E(4) of the Code of the Town of Queensbury.
(5)
Signs on upper floors. Businesses on upper floors are permitted two
signs: one on the edge of an awning or canopy and one painted on the
window in separate letters on a clear background no more than six
inches high.
(7)
Lighting: If the sign is to be illuminated, it must utilize exterior
downcast cutoff illumination.
(8)
Prohibited:
(a)
Translucent or backlit signs, canopies or awnings.
(b)
Paper displays and posters attached to windows are not permissible
without Town Board approval.
(c)
Changeable copy signs.
(d)
Individual letter signs not installed to appear flush-mounted,
or with exposed raceways containing electrical transformers or similar
components, are prohibited.
(e)
Signs that extend above the principle roofline at the top of
the building facade.
(9)
Planning Board review: Individual signs are subject to Planning Board
review as part of any required site plan review application.
A.
Signs proposed for properties within the Lake George Park shall also
comply with the requirements of 6 NYCRR Part 646-7, which is administered
by the Lake George Park Commission.
B.
Signs proposed for Class A or Class B Regional Projects within the
Adirondack Park, and not also within the Lake George Park, shall be
subject to the sign standards contained in 9 NYCRR in Appendix Q-3
of the Adirondack Park Agency Rules and Regulations.
All sign permit approvals and fees previously issued and collected by the Town of Queensbury under any previous sign ordinance shall be deemed valid, binding and in full force and effect, subject to the limitations of § 140-10 below.
A nonconforming sign is a sign which is in conflict with the
provisions of this chapter. Except for any sign for which a variance
was previously granted, any sign in existence on the effective date
of this chapter and made nonconforming by the provisions of this chapter
shall be brought into conformity in all respects with the provisions
of this chapter or shall be removed within five years of such effective
date.
A.
Application for permit. Application for the permit shall be made
in writing, in duplicate, upon forms prescribed and provided by the
Zoning Administrator and shall contain the following information:
(1)
The name, address and telephone number of the applicant and the owner
of the premises.
(2)
The location of the building, structure or land to which or upon
which the sign is to be erected.
(3)
A detailed drawing or plan, to scale, showing the area (size) and
the lettering and/or pictorial matter composing the sign; a description
of the construction details of the sign; the method of illumination,
if any; the location of the sign on any building, structure or land
and its position in relation to nearby buildings, structures, lot
boundaries and any private or public streets or highways; and any
other information deemed necessary by the Zoning Administrator.
(4)
Written consent of the owner or lesser of the building, structure
or land to which or on which the sign is to be erected, in the event
that the applicant is not the owner thereof.
(5)
A change of copy requires a permit, except in the case of any changeable
copy sign.
B.
Fees. Fees provided for by this chapter shall be paid upon the submission
of petitions, applications and appeals, in such amount or amounts
as shall be established by the Town Board from time to time by resolution
and which are incorporated into this chapter by reference. Said fees
will be posted in the Building Department on the official Building
and Codes Fee Schedule.
C.
Issuance of permit. It shall be the duty of the Zoning Administrator,
upon the filing of an application for a permit to erect a sign, to
examine such plans, specifications and other data submitted to him
with the applications and, if necessary, the building or premises
upon which it is proposed to erect the sign or other advertising structure.
If it shall appear that the proposed sign is in compliance with all
the requirements of this chapter and other laws and ordinances of
the Town of Queensbury and that the necessary fee has been paid, the
Zoning Administrator shall issue a permit for the erection of the
proposed sign. If the sign authorized under such permit has not been
completed within six months from the date of the issuance of such
permit, the permit shall become null and void, but may be renewed
once, within 30 days from the expiration thereof, for good cause shown,
for an additional six months, upon payment of an additional fee as
noted on the official Schedule of Fees for the Town of Queensbury.
All signs in the Town shall meet the following requirements:
A.
Internally illuminated signs. Such signs shall be constructed in
conformance with the Standards for Electric Signs (UL 48) of Underwriters
Laboratories, Inc., and bear the label of the Underwriters Laboratories,
Inc.
B.
Wind pressure requirements. All freestanding signs shall be designed
and constructed to withstand a wind pressure of not less than 30 pounds
per square foot of area.
C.
General maintenance. The Director of Building and Code Enforcement
shall require proper maintenance of all signs and shall inspect every
sign within 30 days after it is erected. All signs, together with
all of their supports, braces, guys and anchors, shall be kept in
repair, in safe condition and in a proper state of preservation.
A.
Penalty for failure to apply for sign permit. Any person who proceeds to erect, reerect, construct or structurally alter any sign without first applying for and obtaining the necessary permit shall be considered in violation of this chapter and shall be liable for a fine of not more than three times the maximum established fee for a sign permit in accordance with § 140-11B at the time the violation is discovered for each offense. Each day that the violation is permitted to exist shall constitute a separate offense.
B.
Penalty for failure to comply with chapter. In case of a violation
of this chapter, the Town and its officers may, in addition to any
other remedies conferred by law or ordinance, institute any appropriate
proceedings to prevent unlawful erection, construction, reconstruction
or alteration of any sign.
C.
Penalty for failure to maintain. The Zoning Administrator may order
the removal of any sign that is not maintained in accordance with
this chapter.
D.
Removal of certain signs. Any sign now or hereafter existing which
no longer advertises a bona fide business conducted or product sold
shall be taken down and removed by the owner, agent or person having
beneficial use of such building, structure or lot upon which such
a sign is located within a period of 30 days after written notification
from the Zoning Administrator, after which period the Zoning Administrator
is hereby authorized to cause removal of such sign, and any expenses
incidental thereto shall be chargeable to the owner of the building,
structure or lot upon which the sign is located.
E.
Unsafe signs. If the Zoning Administrator shall find that any sign
or other advertising structure regulated herein is unsafe, insecure,
a menace to the public or has been constructed or erected or is being
maintained in violation of the provisions of this chapter or any other
ordinance, law or statute, he shall give written notice to the owner
of the sign and/or property thereof. If the owner fails to alter the
structure so as to comply with such ordinance, law or statute, and/or
remove such sign or structure, whichever is applicable, within 30
days after such notice, the Zoning Administrator shall be authorized
to cause removal of such sign, and any expenses incidental thereto
shall be chargeable to the owner of such sign and/or premises upon
which the sign is located. The Zoning Administrator may cause any
sign or structure of a sign which is an immediate peril to persons
or property to be removed upon notice to the property owner, with
the expenses charged to the owner.
A.
This chapter shall be enforced by the Zoning Administrator or his
duly authorized assistant(s), who shall be appointed by the Town Board.
No permits for signs shall be issued by him, except where all of the
provisions of this chapter have been complied with. It shall be the
duty of the Zoning Administrator to issue a sign permit, provided
that he is satisfied that the sign conforms in all respects with the
requirements of this chapter and that all other reviews and actions,
if any, called for in this chapter have been complied with and all
necessary approvals secured therefor. When the Zoning Administrator
is not satisfied that the applicant's proposed sign will meet the
requirements of this chapter, he shall refuse to issue a sign permit,
and the applicant may appeal to the Board of Appeals for a reversal
of the decision of the Zoning Administrator. The Zoning Administrator
shall further have the power to revoke permits issued if it shall
appear at any time that the application or accompanying material is
in any respect false or misleading or that the work being done is
differing materially from what is called for on the application filed
with him.
B.
In addition to the Town of Queensbury officers and/or employees authorized,
expressly or by implication, to administer and enforce this chapter,
the Code Compliance Officer, Director of Building and Code Enforcement,
Zoning Administrator and Fire Marshal for the Town of Queensbury are
expressly delegated the duty and responsibility to administer and
enforce the provisions of this chapter.
C.
Violations enforced. Whenever a violation of this chapter or the
terms and conditions of any permit or approval issued under this chapter
occurs, the Zoning Administrator or authorized designee may, at his
own initiative, enforce compliance and order that the violation be
remedied. In addition, any person, a Town official or board may file
a complaint requesting enforcement action by the Zoning Administrator
or authorized designee. All such complaints shall be made, in writing,
to the Zoning Administrator or authorized designee, who shall properly
record such complaint and timely investigate and report findings thereon
to the Town Board. The Zoning Administrator or authorized designee
shall have authority to serve an order to cease or remove a violation
(otherwise known as a "stop-work order" or "order to remedy"), or
to issue a summons, or take any such enforcement action authorized
by law upon any person owning, leasing, controlling or managing any
building, structure or land on which a sign violating the provisions
of this chapter is located.
D.
Remedies for offenses.
(1)
Criminal offense. Any person owning, leasing, managing or otherwise
controlling any building, structure, premises or land where a violation
of this chapter occurs and any person who commits or assists in the
commission of any violation of this chapter who, after being served
with an order to cease (stop-work order) or remove such violation
(order to remedy), fails to comply with such order within 10 days
after such service may be found guilty of an offense and subject to
a fine as authorized in § 268 of the Town Law. Every such
person shall be deemed guilty of a separate offense for each week
such violation, disobedience, omission, neglect or refusal shall continue.
Where the person committing such violation is a partnership, association
or corporation, the principal executive officer, partner, agent or
manager may be considered to be the "person" for the purpose of this
chapter. The Zoning Administrator or authorized designee has the authority
under this chapter and the Town Law to prosecute any such violations
in the Town of Queensbury Justice Court or other court of competent
jurisdiction.
(2)
Civil offense. In addition to the penalties in Subsection A above, any person who violates any provision of this chapter shall, for every such violation, forfeit and pay a civil penalty of not more than three times the maximum established fee for a sign permit in accordance with § 140-11B per violation. When a violation of any of the provisions is continuous, each day thereof shall automatically constitute a separate and distinct violation, subjecting the offender to an additional civil penalty without the necessity for any further notice, order or other action by the Zoning Administrator or authorized designee. The Zoning Administrator or authorized designee has the authority under this chapter to commence a civil action in order to collect the civil penalty or penalties imposed pursuant to this section in the Town of Queensbury Justice Court or other court of competent jurisdiction, provided the Town Board consents to same. To the extent that this provision is inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, § 268, the Town Board of the Town of Queensbury hereby declares its intent to supersede said section of the Town Law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, § 10 et seq., of the Consolidated Laws of the State of New York.
(3)
The methods of enforcement as set forth in Subsection D(1) and (2) above, as well as Subsection E below, are not exclusive and may be utilized together, alternatively, repeatedly or in any combination thereof until compliance is obtained and the violation is abated. Abatement of the violation does not preclude the exaction of a penalty, fine or collection of attorney fees and costs and such other relief a court may order.
E.
Alternative remedies. In case of any violation or threatened violation
of any of the provisions of this chapter, or conditions imposed in
any approval, permit or certificate of compliance, in addition to
the remedies herein provided, the Town may, by resolution of the Town
Board, institute any appropriate action or proceedings for injunctive
or other relief to prevent, restrain, correct or abate such violation,
to prevent the occupancy of such building, structure or land or to
prevent any illegal act, conduct, business or use in or about such
premises. As part of such action, the Town may request from the court
an order that requires the violator to reimburse the Town for the
costs, including the attorney fees, incurred with respect to the action
for injunctive relief.
F.
Enforcement orders.
(1)
The Town Board for the Town of Queensbury herein grants the Zoning Administrator and authorized designees or other administrative officials named in § 140-15B the enforcement responsibility of immediately terminating or prohibiting the continuance of any actions which are in violation of this chapter by posting a stop-work order or order to remedy on the premises wherein the violation has occurred.
(2)
The stop-work order or order to remedy shall serve notice to the
owner, occupant, builder, developer, agent and/or any other individual
or business on the premises that all such actions specified on the
stop-work order or order to remedy must be terminated, abated or remedied
immediately or within such time specified in such order.
G.
Misrepresentation. Any permit or approval granted under this chapter
which is based upon or is granted in reliance upon any material misrepresentation,
or failure to make a material fact or circumstance known, by or on
behalf of an applicant shall be void. This section shall not be construed
to affect the remedies available to the Town elsewhere in this chapter.
H.
Complaints. Whenever a violation of this chapter occurs, any person
may file a complaint in regard thereto. All such complaints shall
be filed, in writing, with the Zoning Administrator or authorized
designee, who may require such complaint to be in writing. The Zoning
Administrator or authorized designee shall investigate the complaint
and take such action as is appropriate in his/her discretion. The
Zoning Administrator shall keep records of all complaints made and
the results of any investigations conducted.
A.
An appeal to the Zoning Board of Appeals from a ruling of the Zoning Administrator, authorized designee or other administrative officials named in § 140-15B may be taken by a person aggrieved by filing with the Zoning Administrator from whose action the appeal is taken and with the Board of Appeals by filing with the Secretary thereof a notice of appeal specifying the grounds therefor in the form set forth herein. All such appeals shall be in writing and shall refer to the specific provisions of this chapter setting forth exactly the interpretation that is claimed and such other information as shall be deemed appropriate and proper by the Zoning Board of Appeals. An appeal shall stay all proceedings and furtherance of the action appealed from, unless the Zoning Administrator certifies for the Board of Appeals, after notice of such appeal shall have been filed, that by reason of the fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board of Appeals or by the Supreme Court on application on notice to the Zoning Administrator and on due cause shown.
B.
All decisions from the Board of Appeals are subject to court review
in accordance with the applicable laws of the State of New York.
C.
The Board of Appeals shall hear each appeal within 60 days of filing
thereof. The decision of the Board of Appeals shall be filed in its
office and shall become a public record. The Board of Appeals may,
in conformity with the provisions of this chapter, reverse, affirm,
wholly or partly, or modify the order, requirement, decision or determination
appealed from or make any such order, requirement, decision or determination
as may be necessary in accordance with the provisions hereof. Unless
otherwise specified by the Board of Appeals, a decision on any appeal
or request for a variance shall expire in the event that the applicant
fails to obtain any necessary permit or comply with the conditions
of such authorized permit within six months from the date of authorization
thereof.
D.
The Board of Appeals shall fix such a reasonable time for the hearing of an appeal or other matter referred to it and give the public notice thereof by the publication of the same in the official paper of the notice of the meeting at least 10 days prior to the date thereof and shall, at least five days before such hearing, mail notice thereof to the following officials, persons and owners of properties involved and in accordance with the requirements of § 267, Article 16, Chapter 62, of the Consolidated Laws of the State of New York (Town Law § 267):
(1)
When appealing the action of the Zoning Administrator: the Zoning
Administrator, the appellant and also the applicant, if the appellant
is an aggrieved person other than the applicant.
(2)
In the case of a variance, all owners of property within 500 feet
of the nearest line of the property for which the variance or other
special relief is sought, and to such other property owners as the
Chairman of the Board of Appeals may direct.
A.
The Board of Appeals may vary or alter or adapt the strict application
of any of the requirements of this chapter in the case of exceptional
physical conditions. No variance in the strict application of the
provisions of this chapter shall be granted by the Board of Appeals
unless it finds that there are special circumstances or conditions
applying to the land or a sign and not applying generally to land
or signs in the neighborhood.
B.
In making its determination whether to grant a sign variance, the
Zoning Board of Appeals shall take into consideration the benefit
to the applicant if the variance is granted, as weighed against the
detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination, the Board shall
also consider:
(1)
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
(2)
Whether the benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than an area variance;
(3)
Whether the requested sign variance is substantial;
(4)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(5)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
C.
The Board of Appeals, in granting any area variance, shall grant
the minimum variance that it shall deem necessary, and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
D.
For decisions involving lands within the Adirondack Park, the Board
shall notify the Adirondack Park Agency, by certified mail, of such
decision. Any variance granted or granted with conditions shall not
be effective until 30 days after such notice to the Agency. If, within
such thirty-day period, the Agency determines that such variance involves
the provisions of the Adirondack Land Use and Development Plan as
approved in the local land use program, and was not based upon the
appropriate statutory basis of practical difficulties or unnecessary
hardships, the Agency may reverse the local determination to grant
the variance.
The Board of Appeals shall, upon appeal from a decision by an
administrative official, decide any question involving the interpretation
of any provision of this chapter, including a determination as to
the exact location of any district boundary if there is any uncertainty
with respect thereto.
A.
For purposes of this section, "Main Street Corridor Project" shall
mean the widening of and installation of underground infrastructure
along Warren County Route 28 from Exit 18 of the Adirondack Northway
(NYS Route I-87) to the City of Glens Falls municipal boundary.
B.
Any sign which is lawfully in existence on the effective date of this section and which is required to be relocated as a result of the Main Street Corridor Project shall be required to obtain a permit under this chapter if it is relocated pursuant to this § 140-18.
C.
If a sign is required to be relocated because the land on which it
is located has been conveyed to or acquired by the Town of Queensbury
or Warren County for purposes of the Main Street Corridor Project,
the existing sign may be moved or replaced in a new location by a
new sign of the same size, type, text and appearance. The new location
shall be a location which is in compliance with this chapter and any
prior Town approval or, if compliance is not possible, a location
which the Zoning Administrator determines to be most nearly in compliance.
Any prior Town approval shall be deemed to be amended to allow the
new location authorized by the Zoning Administrator.
D.
If an existing sign becomes noncompliant with this chapter or any applicable municipal permit as a result of the transfer of adjacent land to the Town of Queensbury or Warren County for purposes of the Main Street Corridor Project, the sign may be relocated as described in Subsection C or may continue in its current location. If the sign is replaced in the future, it shall be relocated as provided in Subsection C.
E.
Relocation of any sign pursuant to this section must be accomplished
within two years after the final acceptance date shown on the Final
Acceptance of Locally Administered Federal Aid Project form relating
to the Main Street Corridor Project.
