The purpose of this chapter is to promote and protect public
health, welfare and safety by regulating existing and proposed outdoor
signs of all types. It is intended to protect property values, create
an attractive economic and business climate, enhance and protect the
physical appearance of the community, and preserve the scenic and
natural beauty of the Town. It is further intended to reduce sign
or advertising distractions and obstructions that may contribute to
traffic accidents.
The Town of Austerlitz finds that signs are a necessary means
of communication that can benefit or detract from the community and
neighborhood character. All signs should conform to the following
provisions. At no time should these provisions be interpreted to regulate
any aspect of the content of any sign.
As used in this chapter, the following terms shall have the
meanings indicated:
SIGNS
Any material, structure or device composed of lettered or
pictorial material which is placed for public display of an advertisement,
announcement, notice, commercial symbol, directional matter or name,
including sign frames, billboards, sign boards, painted wall signs,
hanging signs, illuminated signs, pennants, fluttering devices, projected
signs or ground signs. Signs may vary by length of intended use (e.g.,
permanent or temporary), by style (e.g., portable, movable or freestanding),
by location (e.g., on site or off-premises), or by purpose (e.g.,
commercial or individual).
The following types of signs are allowed without any municipal
approval except that any such sign shall not exceed the maximum dimensional,
height or area requirements in this chapter:
A. Election
signs. All signs advertising a candidate for public office or any
other public ballot initiative are exempt.
B. Temporary
signs. Any property owner is permitted to erect a single, temporary,
nonilluminated sign on said property advertising the sale or lease
of merchandise, or a special event, or the performance of services
by contractors. The property owner shall remove such sign within three
days after the sale, lease, event or performance of services.
C. Locational,
street address and public safety signs. Any property owner is permitted
to erect one nonilluminated sign identifying the property name or
residents of the property and the official street address. Other signs
offering information necessary for public safety, including by example,
911 signs, customary posted or nontrespassing signs, private drive,
parking, or exit/entrance signs, along with other signs required pursuant
to any governmental function, law or regulation, are also exempt.
D. Other.
When not associated with a commercial activity, all historical or
memorial markers as well as flags, insignia, or emblems of any government
or religious organization and any religious holiday decorations are
also exempt from these regulations.
E. Landmark
signs. Any older sign of artistic or historic merit or of uniqueness
to the Town of Austerlitz, each of which must be recognized by the
Town Board or Historian or as defined by the New York State Office
of Parks, Recreation and Historic Preservation, is entirely exempt
from this section, including all dimensional, height and area requirements.
F. "For Sale"
and "For Rent" signs. No more than two nonilluminated signs advertising
the sale or rental of a property may be erected and maintained on
the said property by the owner or broker or any person with legal
interest in the sale or rental of such property provided that:
(1) The
size of any such sign shall be no more than six square feet; and
(2) Up
to two additional nonilluminated signs may be erected or maintained
if said property abuts more than one public right-of-way.
G. Home occupation
signs. Zoning Law: level 1 home occupations allows no signs; level 2 allows
up to 25 square feet.
H. General
directory or directional signs shall include only the name(s) of the
establishment and basic directional information.
The provisions of this chapter shall be administered and enforced
by the CEO/ZEO who shall have the power to make necessary inspections.
No sign permit shall be approved by the CEO/ZEO except in compliance
with this chapter. Failure to comply with specific sign regulations
will result in a fine to be determined by the Town Board and removal
of the offending sign.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remaining portions hereof, but shall be confined to the clause, sentence,
paragraph or section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.