[Amended 2-11-2002 by L.L. No. 1-2002; 12-3-2002 by L.L. No.
6-2002]
The size, type and location of any sign or advertising
device shall be in accordance with the following regulations.
A.
Purpose; intent.
B.
The purpose of this article 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 Halfmoon. 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.
C.
This article 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.
[Amended 8-20-2009]
Set forth below are the types of signs and their specific requirements
for which permits shall be issued pursuant to the provisions of this
article:
A.
Special event sign. Sign is to be temporary in nature (no more than
one week prior to event and must be removed three days after the event)
and shall not include sales events; no more than one sign per entrance
with a minimum fifteen-foot setback and no more than six feet high
for a freestanding sign or 10 feet high if a wall sign. These signs
shall not be used to advertise retail sales.
B.
Political signs; lawn signs. Signs are to be temporary in nature,
they may not be placed more than 60 days prior to a scheduled election
and they must be removed within five days after election; one sign
per candidate on each parcel and no larger than 4.5 square feet; may
only be placed on private property; and shall not exceed three feet
in height for a freestanding sign. No permit is required.
C.
Commercial real estate sign. Sign is to be temporary in nature (must
be removed five days after property transfer or no longer for sale);
no larger than 32 square feet; one per parcel; and shall not exceed
six feet in height for freestanding or 10 feet in height if a wall
sign and must be located on the subject property.
D.
Residential real estate sign. Sign is to be temporary in nature (must
be removed five days after property transfer or no longer for sale);
no larger than nine square feet; one per parcel; and shall not exceed
five feet in height for freestanding or 10 feet in height if a wall
sign and must be located on the subject property.
E.
Directional real estate sign. Sign is to be temporary in nature;
no larger than eight square feet and no higher than four feet off
of the ground. Such signs may be removed at the discretion of the
Town.
[Amended 4-6-2022 by L.L. No. 1-2022]
F.
Construction project identification sign. Sign is to be temporary
in nature and shall be removed upon completion of construction; no
larger than 32 square feet; two per parcel; and shall not exceed six
feet in height for freestanding or 10 feet in height if a wall sign.
G.
Grand opening sign. Sign to be temporary in nature (30 days before
and 30 days after the opening) and may be banner, pennant, and not
exceeding six feet in height if freestanding and 10 feet in height
if a wall sign.
[Amended Grand opening sign. Sign to be temporary in nature
(thirty days before and thirty days after the opening) and may be
banner, pennant, and not exceeding six feet in height if freestanding
and 10 feet in height if a wall sign.]
H.
Residential subdivision identification (temporary). Sign is to be
temporary in nature and must be removed upon placement of the permanent
sign; no larger than 32 square feet; one per subdivision entrance;
and shall not exceed six feet in height for freestanding and wall
signs are not allowed for this type of sign.
I.
Residential subdivision identification (permanent). Sign is to be
permanent in nature; no larger than 32 square feet with a fifteen-foot
front, side and rear yard setback; one per subdivision entrance; shall
not exceed six feet in height for freestanding and wall signs are
not allowed for this type of sign.
J.
Nameplate and identification sign. Sign which indicates home occupation
in any residence.
K.
Institutional signs. Signs for schools, churches, hospitals or similar
public and semipublic institutions.
L.
Business signs. Signs pertaining to a permitted use, service or product
sold on the premises on which they are located.
M.
Plaza signs. Signs pertaining to a permitted use, service or product
sold in the plaza in which they are located when the plaza is situated
so that not all of the stores/offices front on a Town road or highway.
N.
A-frame signs. A self-supporting, portable sign with one or two faces
that are adjoined at the top and displayed at an angle, which is not
permanently anchored or secured and designed to be placed upon a private
sidewalk, plaza or other area where pedestrians walk or gather. The
signs shall be constructed of durable, weather-resistant materials
such as wood, steel, chalkboard, whiteboard, aluminum and PVC. The
use of cardboard, paper, fabric and nonrigid materials is prohibited.
The signs shall not be illuminated or reflective. Construction of
the sign shall be of professional quality.
[Added 8-6-2014 by L.L. No. 4-2014]
[Amended 8-20-2009]
A.
Residential districts, including Professional Office/Residence.
(1)
Institutional signs: Not greater than 15 square feet per side.
(2)
Nameplate and identification signs: not greater than six square feet.
(3)
Business signs: so long as related to an approved or preexisting,
nonconforming use existing at the premises where the business is located
and are not greater than 10 square feet, per side.
(4)
Residential subdivision identification signs both temporary and permanent.
(5)
Construction project identification signs.
(6)
Commercial real estate signs.
(7)
Political signs.
(8)
Special event signs: not greater than six square feet.
(9)
Plaza signs: so long as related to an approved or preexisting, nonconforming
use existing at the premises where the business is located and are
not greater than 200 square feet, per side.
(10)
Directional real estate signs.
(11)
Residential real estate signs.
B.
C-1 Commercial, NB-1 Neighborhood Business, LI-C Light Industrial/Commercial
and M-1 Industrial District
(1)
Business signs: provided that the total aggregate area of all signs
on the premises shall not be greater than 250 square feet plus three
square feet per 1,000 square feet of building area for the first 50,000
square feet of building area, plus two square feet for each 1,000
square feet of building area in excess of 50,000 square feet. No single
sign shall exceed 200 square feet in size.
(2)
Construction project identification signs.
(3)
Commercial real estate signs.
(4)
Political signs.
(5)
Special event signs.
(6)
Grand opening signs.
(7)
Institutional signs: provided that the total aggregate area of all
signs on the premises shall not be greater than 250 square feet plus
three square feet per 1,000 square feet of building area for the first
50,000 square feet of building area, plus two square feet for each
1,000 square feet of building area in excess of 50,000 square feet.
No single sign shall exceed 200 square feet in size.
(8)
Plaza signs: provided that the total aggregate area of all signs
on the premises shall not be greater than 250 square feet plus three
square feet per 1,000 square feet of building area for the first 50,000
square feet of building area, plus two square feet for each 1,000
square feet of building area in excess of 50,000 square feet. In addition
to the signs detailed above, the plaza may also include a freestanding
two-sided sign with a maximum of 200 square feet per side.
(9)
Directional real estate signs.
(10)
Residential real estate signs.
(11)
A-frame signs, provided they are no larger than three feet tall
and two feet wide. No sign shall be placed in such a manner as to
obstruct the entrance or exit from the building or the pedestrian
use of the sidewalk. Signs shall not block or interfere with ADA accessibility
nor restrict pedestrian movement. Signs shall be displayed during
the advertising entity's business hours only. Signs shall be brought
indoors at the close of business each day.
[Added 8-6-2014 by L.L. No. 4-2014]
[Amended 8-20-2009]
A.
Signs shall be structurally sound and be constructed of durable materials
and shall be maintained in good condition, including plumb and level.
Signs which are permitted to deteriorate shall be removed upon direction
of the Planning, Building and Zoning Department following notification
to the owner.
B.
No sign shall be located higher than the building to which it is
attached.
C.
No sign shall be located on the roof of any building.
D.
No rotating, projecting or animated sign shall be permitted. LED
signs that change content every 20 seconds shall not constitute a
violation of this section so long as there is no animation/movement
other than the content change.
[Amended 8-6-2014 by L.L. No. 4-2014; 6-19-2019 by L.L. No. 8-2019]
E.
No freestanding sign shall be higher than 16 feet from the ground.
The Planning Board shall have the authority to further restrict the
height of the sign so as to make the sign compatible with the surrounding
area.
F.
No sign, other than an official traffic sign or a directional real
estate sign, shall be erected within the right-of-way line of any
public street.
[Amended 4-6-2022 by L.L. No. 1-2022]
G.
No sign shall have a source of illumination directed toward a public
street or adjacent property.
H.
No sign shall emit any flashing or intermittent illumination.
I.
Banner and pennant signs shall be permitted without a building permit
or Planning Board approval so long as they are mounted in the ground
with a maximum of one sign per business and a maximum of three in
total at any time for a plaza, strip mall or other multitenant facility.
The signs must be on the same parcel where the business is located
and may be removed at the discretion of a Code Enforcement Officer/Building
Inspector and shall not impede safety or sight distance.
[Amended 4-6-2022 by L.L. No. 1-2022]
J.
No sign which may 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 the public.
K.
No exposed neon signs.
L.
Off-premises advertising signs shall only be permitted in the Off-Premises
Sign Overlay Zone.
M.
Mobile, portable or vehicle-mounted signs are not permitted in any
district, except as otherwise permitted herein.
O.
All sign faces shall be two-dimensional with no raised surface exceeding
one inch in residential districts or four inches in commercial districts.
P.
Any sign not permitted is prohibited. Any sign not permitted in this
article and any sign specifically designated in this section is prohibited.
Q.
No sign or part thereof is permitted 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 a motorized vehicular traffic, 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
a vehicle such as a construction trailer, whose primary purpose is
not advertising to the public right-of-way.
A.
Overlay zone.
(1)
An overlay zone is hereby established for signs within
portions of the commercial zone along Route 9 in the Town of Halfmoon.
What shall be known as Zone 1 shall consist of the portions of those
parcels along Route 9 extending from the right-of-way on Route 9 and
no further than 100 feet from the right-of-way, running from Parcel
No. 272-2-21/21.112 on the southerly side to Parcel No. 272.10-2-13
on the north side of said zone.
(2)
What shall be known as Zone 2 of the Off-Premises
Sign Overlay Zone shall run along Route 9 and no further than 100
feet off of Route 9, measured from the Route 9 right-of-way, shall
run from Parcel No. 278.-2-62.2 on the southerly side of Zone 2 to
Parcel No. 278-2-40 on the northerly side of Zone 2.
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 672 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.
(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 structures shall be located within
Zone 1 nearer than 2,800 feet from another off-premises/advertising
sign structure. No off-premises structure located within Zone 2 shall
be located nearer than 800 feet from another off-premises/advertising
sign structure within Zone 2.
(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 portion of any sign shall be placed greater than 100 feet
from the right-of-way which borders New York-U.S. Route 9.
(8)
Placement of an off-premises/advertising sign and
structure shall minimize the visual impact upon adjacent properties.
Placement shall not obscure or impair the use of roadways, traffic
control devices, or otherwise impair traffic safety.
(9)
All sign faces shall be two-dimensional with no raised
surface exceeding one inch in residential districts or four inches
in commercial districts.
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 Halfmoon 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.
A.
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.
B.
The Planning Board shall require the applicant to
provide the Town of Halfmoon 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.
[Added 8-20-2009]
A.
The following signs are exempt from the provisions or requirements of this article except that they must comply with § 165-50, General regulations, unless otherwise specified. However, in any circumstance where the Code Enforcement Officer determines that an illegal sign is an immediate danger to public health and safety, he or she may remove the sign immediately, without notice:
[Amended 8-18-2010]
(1)
New York State inspection station identification sign. Any New
York State inspection station identification sign which is at a height
which does not exceed 10 feet and is located on an exterior or interior
wall of the motor vehicle service station.
(2)
New York State authorized repair shop identification sign for
passenger vehicles. Any New York State authorized repair shop identification
sign for passenger vehicles which is at a height which does not exceed
10 feet and is located on an exterior or interior wall of the motor
vehicle service station.
(3)
New York State authorized repair shop identification sign for
trucks. Any New York State authorized repair shop identification sign
for trucks which is at a height which does not exceed 10 feet and
is located on an exterior or interior wall of the motor vehicle service
station.
(4)
New York State vehicle retail/wholesale identification sign.
Any New York State vehicle retail/wholesale identification sign which
is at a height which does not exceed 10 feet and is located on an
exterior or interior wall of the motor vehicle service station.
(5)
Self-service identification sign. One self-service identification
sign which does not exceed two square feet per self-service fuel pump
island.
(6)
Full-service identification sign. One full-service identification
sign which does not exceed two square feet per full-service fuel pump
island.
(7)
Fuel price signs. Fuel price signs required by federal, state
or local legislation.
(8)
Street number identification plates.
(9)
Historical site markers.
(10)
No-trespassing signs.
(11)
Posted (no hunting, fishing and trapping) signs.
(12)
Governmental signs.
(13)
Utility line identification and location signs.
(14)
Phone identification signs.
(15)
Rest room identification signs.
(16)
Handicapped parking and access signs.
(17)
Vacancy/no vacancy signs. Vacancy/no vacancy signs which do
not exceed three square feet.
(18)
Accessory signs. Accessory signs, identifying such uses as parking,
no parking or office, which do not exceed two square feet each.
(19)
Holiday decorations. Holiday decorations erected for and during
the particular holiday they relate to or symbolize.
(20)
Open/closed business signs. Open/closed business signs which
do not exceed two square feet.
(21)
Street identification, traffic and governmental signs and control
devices. Street identification, traffic and governmental signs and
control devices required by law, ordinance or regulation.
(22)
Official public information signs, memorial signs, building
names, erection dates. Official public information signs, memorial
signs, building names, erection dates or similar information cut into
masonry or other permanent surface or constructed of bronze or other
noncombustible material, not to exceed 16 square feet.
(23)
Signs and markers in cemeteries. Signs and markers in cemeteries
designating graves and memorials.
(24)
Farm stand signs. Farm stand signs that do not exceed eight
square feet in size may be located off premises within a one-mile
radius of the farm stand in accordance with the rural nature of the
Town. Any off-premises sign must be removed once the farm stand is
closed for the season.
[Added 8-20-2009]
A.
Subject to the provisions of this article, any sign legally in existence
at the date of the adoption of this article shall be considered a
nonconforming sign and may be continued and maintained.
B.
Any sign existing at the time this article is enacted which is materially
altered shall be considered a new sign and shall be required to conform
to the requirements contained herein, except that the owner may be
allowed to alter the message of the sign but may not alter the basic
structure of the sign.
[Amended 4-6-2022 by L.L. No. 1-2022]
C.
A sign legally existing at the time this article was enacted which,
through no responsibility or control of said sign's owner or user
or that of the owner of the land on which this sign is located, becomes
damaged or destroyed shall be permitted to be repaired or replaced,
provided that said repair or replacement is to the identical specifications,
location and appearance as existed immediately prior to its destruction
or damage.
[Added 8-20-2009]
A.
Signs deemed illegal. The following signs are deemed illegal signs
and in violation under this article:
(1)
Abandoned signs.
(2)
Any nonexempt sign erected for which no building or sign permit
was issued by the Town.
(3)
Any sign not properly maintained. Indicators of same are signs
that are structurally unsound, hazardous or unsafe to the public or
sign company employee or those which are unsightly (i.e., faded, warped,
peeling, rusted or illegible).
B.
Violation notice and sign removal. The Code Enforcement Office shall
cause a notice of such violation to be served on the owner of the
building, structure or lot where said sign is located or the lessee
or tenant of the part of or the entire building, structure or lot
where said sign is located, requiring the owner or lessee or tenant
to remove the illegal sign immediately. The notice may be served personally
or by certified mail, return receipt requested. Upon failure of said
owner or lessee or tenant to remove the sign within 24 hours after
notice is provided, the Code Enforcement Office shall be authorized
to enter upon said property and remove therefrom any said illegal
sign at costs to the owner, lessee or tenant. No liability shall attach
to the Town or any officers, employees or agents of the Town, except
for acts of affirmative negligence in connection with the removal
of any such illegal sign. In any circumstance where the Code Enforcement
Officer determines that an illegal sign is an immediate danger to
public health and safety, he or she may remove the sign immediately,
without notice.
[Added 8-20-2009]
In cases of emergency, the Code Enforcement Office may cause
the immediate removal of a dangerous or defective sign without notice.
[Added 8-20-2009; amended 11-16-2022 by L.L. No. 8-2022]
A.
All sign fabrication, erection and attachment shall conform to the
requirements of the latest edition of the Uniform Code, Energy Code,
and state and local laws 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, Uniform Code,
Energy Code, and state and local laws and other applicable codes and
regulations, and all electrified signs shall bear the Underwriters
Laboratories label or approved equal.
C.
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.
[Added 8-20-2009]
Except as otherwise detailed herein, all fees and procedures
for obtaining sign permits shall not be effected by the adoption of
this article. The Planning Department may waive any and all applicable
fees for not-for-profit organizations with proof of the organizations
current status granted by the State of New York. The Planning Board
may waive any of the requirements set forth herein if it determines
the waiver to be necessary to maintain the character and nature of
an existing area or to protect the health, safety, and welfare of
the citizens of the Town of Halfmoon.
[Added 8-6-2014 by L.L. No. 4-2014]
A replacement sign for a previously approved sign and tenant
and which is similar in size, location, height and any other requirements
of this chapter shall not require review and approval by the Planning
Board. To replace signs in an existing business, an application for
a building permit must be filed in conformance with this chapter.
