[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 10-19-1994 by L.L. No. 6-1994.
Amendments noted where applicable.]
This chapter may be known and cited as the "Sign Ordinance of the Village
of South Glens Falls."
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,
to create a more attractive economic and business climate, to enhance and
protect the physical appearance of the community, to preserve the scenic and
natural beauty of designated areas and to provide a more enjoyable and pleasing
community.
For the purpose of this chapter, the terms used herein are defined as
follows:
That area determined by circumscribing the exterior limits of the
mass of each display erected on one sign structure. The structure supporting
the sign is not included in determining the "area of the sign" unless the
structure is designed in a way to form an integral background for the display.
Only one face of a double-facing sign is included as area of such sign.
The front or face of a building; the outer surface of a building
which faces a private or public street or highway. The "facade" shall not
be interpreted to extend above the roofline of the building.
Any structure or part thereof or any device attached to a structure
or painted or represented on a structure, which shall display or include any
letter, word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or advertisement.
A "sign" includes any billboard, but does not include the flag, pennant or
insignia of any nation or group of nations or of any state, city or other
political unit of any political, educational, charitable, philanthropic, civic,
professional, religious or like campaign, drive, movement or event. However,
a "sign," as defined herein, shall not include a similar structure or device
located within a building.
ADVERTISING SIGNAny sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
FLASHING SIGNAny illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
The size, type and location of any sign or advertising device shall be allowed only in accordance with the following regulations, and, wherever districts are set forth in these regulations, the same shall refer to the districts set forth in Chapter 153, Zoning, of the Code of the Village of South Glens Falls.
A.
Signs in RC-1 and residential districts.
(1)
Nameplate and identification signs indicating the name
and address of the occupant or permitted home occupation in any residence
shall be allowed, provided that the combined area of such signs shall not
exceed a total of three square feet and shall not include any flashing or
intermittent illumination, nor shall any source of illumination be directed
toward any public street or adjacent residential property.
(2)
Agricultural signs for customary agriculture operations
selling farm products may not exceed a combined total area of 15 square feet
and shall not include any flashing or intermittent illumination, nor shall
any source of illumination be directed toward any public street or adjacent
residential property.
(3)
Institutional signs for schools, churches or similar
public and semipublic institutions shall be allowed, provided that such signs
shall not exceed a combined total of 15 square feet in area and shall not
include any flashing or intermittent illumination, nor shall any source of
illumination be directed toward any public street or adjacent residential
property.
(4)
Business signs pertaining only to legal nonconforming
uses of the premises on which they are located shall be allowed, provided
that such signs shall not exceed a combined total of 20 square feet in area
and shall not emit any flashing or intermittent illumination, nor shall any
source of illumination be directed toward any public street or adjacent residential
property. However, business signs legally in existence on the date of enactment
of this chapter which pertain to nonconforming uses may continue to be used,
except that all intermittent or flashing illumination shall be converted to
a constant light source.
(5)
Temporary business signs advertising the sale, rental,
construction or improvement of the premises on which they are located shall
be allowed, provided that such signs shall not exceed a combined total of
six square feet in area, shall not be illuminated and shall be promptly removed
by the property owner when the circumstances leading to their erection no
longer apply.
(6)
Advertising signs and mobile advertising or attracting
devices shall not be permitted in any RC-1 and residential districts.
B.
Signs in commercial and industrial districts.
(1)
The signs permitted in RC-1 and residential districts
shall be allowed.
(2)
Business signs relating to the use conducted in the building
or on the immediate premises thereof shall be allowed, provided that such
signs shall not exceed a combined total of 40 square feet in area. In the
event that the facade of the building or buildings on said premises shall
exceed 800 square feet in area, a square footage for signs equal to 5% of
the area of the facade of the building or buildings on said premises in which
said business is conducted shall be allowed, but in no event shall the total
area of any such sign or signs exceed 100 square feet unless a special permit
thereof is secured from the Zoning Board of Appeals. Such signs shall be at
least three feet clear of the ground and shall be less than 10 feet from above
ground level. No sources of illumination which may be focused or spotted,
as opposed to general neon or bulb illumination, shall be directed toward
any adjacent property or public street.
(3)
A business sign in existence on the date of the enactment
of this chapter which does not conform to the specifications of this section
may continue to be used, but may not be extended, except that all intermittent
or flashing illumination shall be converted to a constant light source.
(4)
Temporary signs advertising the sale or rental or construction
or improvement of the premises on which they are located shall be allowed,
provided that such signs shall not exceed a combined total of 10 square feet
in area and shall be promptly removed by the agent or owner when the circumstances
leading to their erection no longer apply.
(5)
Advertising signs shall not be permitted in any commercial
or industrial district.
C.
General regulations.
(1)
Signs shall be in keeping with the architectural design
of the building upon which they are placed, the design of neighboring properties
and adjoining signs and the character of the Village of South Glens Falls.
(2)
Signs shall be constructed of durable materials and shall
be maintained in good condition. Signs which are permitted to deteriorate
shall be removed upon direction of the Building Inspector and/or Code Enforcement
Officer following written notification to the owner.
(3)
No sign shall be erected so that any portion thereof
shall be any closer than five feet to the nearest lot line or within five
feet of any utility pole.
(4)
No signs shall be erected which may cause hazardous or
unsafe conditions. Any sign which shall have been erected and which, since
the date of its erection, because of changed conditions, becomes hazardous
shall be removed following written notice to the owner.
(5)
The maximum height of any portion of any sign shall not
exceed above the facade of any building on the premised.
(6)
Signs to be erected by a nonprofit community service
organization which are intended as a public service for the good of the community
may be erected upon the granting of a special permit.
(7)
All signs of a temporary nature, such as political posters,
banners, promotional devices and other signs of a similar nature, may be granted
for a period not to exceed 30 days, provided that such signs are not attached
to fences, trees, utility poles or the like; 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.
D.
Placement of signs.
(1)
Signs shall be placed parallel to the facade of the building;
and, except for marquees of theaters in operation and awnings, no part of
the sign shall project more than eight inches beyond the face of the surface
to which it is applied nor extend beyond the building in any direction.
(2)
The lower edge of a sign placed on a facade shall not
be located above the level of the floor of the second story of the building
upon which the sign is placed.
(3)
Temporary signs, advertising display panels, posters
and similar graphic materials relating to general sales and information, special
events and offerings and sales promotions may be displayed without a permit,
provided that:
(a)
No dimension shall exceed 3 feet by 4 feet.
(b)
They are neatly and professionally rendered and displayed
and are mounted on firm material in a true square manner.
(c)
Not more than one such sign per 20 linear feet of storefront
and a maximum of four such signs per facade may be displayed at any one time.
(d)
All such signs in this category must be dated.
(e)
Freestanding signs must be at least three feet above
ground level and less than 10 feet above ground level.
(4)
Not more than two posters concerning an event sponsored
by a not-for-profit group, with dimensions not exceeding 1 foot by 1 1/2
feet, may be displayed without displaying a permit on the door of a business
establishment.
(5)
Signs on accessory building or buildings incidental to
the principal building in which the business is located shall be allowed as
a portion of the total allowable sign area computed using the frontage of
the principal building only.
(6)
Sign directories. An off-street shopping plaza or building
housing multiple businesses or professional offices will be permitted a sign
directory. Each business within the plaza/building may have a sign within
the directory. They shall be equal in size and shape and shall not exceed
three square feet in size. The directory sign may not exceed 30 square feet
for five or fewer businesses. For each additional business, add five square
feet. The total is not to exceed 75 square feet.
(7)
One illuminated sign, as defined in § 115-3, identifying the name and description of the business shall be permitted on each street facade for the ground floor use of a business establishment. For a business located on two or more rights-of-way, a maximum of two such illuminated signs, one on each facade, shall be permitted.
(8)
The design and appearance of light fixtures shall be
fitting and appropriately integrated with the architectural character of the
building facade and that of its neighbors.
(9)
Future and proposed illuminated signs, interior. Externally illuminated signs, as defined in § 115-3, are permitted in the windows of a business establishment, if designed to identify the name and type of business. Such sign(s) may not be in addition to a sign on the building exterior, except that the name of the business may also be located on the front valance of an awning or on a front door in accordance with these regulations.
(10)
Future and proposed illuminated sign light sources.
(a)
Light sources, with the exception of neon, shall be shielded
or screened in a manner not to be seen by passersby from a normal viewing
angle. Intense or glaring light is to be avoided.
(b)
Light sources shall be limited to natural white incandescent
or fluorescent lamps.
(c)
Light fixtures and sources shall be designed to cause
a reasonably uniform distribution of light on the full extent of the sign(s).
(11)
Any sign shall be designed and constructed to withstand
a wind pressure load consistent with environmental conditions in the Village
of South Glens Falls and shall comply with all applicable building code ordinances[1] of the Village of South Glens Falls and the New York State Uniform
Fire Prevention and Building Code.
(12)
Awnings. The minimum height from the sidewalk to any
part of the awning covering or its supporting frame when closed or extended
shall be seven feet six inches.
E.
Supplementary regulations.
[Added 10-6-1999 by L.L. No. 5-1999]
(1)
In any zone, wall/front facade signs shall be regulated
by the distance of the wall on which the sign is to be placed to the front
of the property line. At the setback distance of up to 100 linear feet from
the front property line, the wall sign area shall be limited to 100 square
feet. Linear setback distances of greater than 100 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. In any case, wall signs shall
not exceed 25% of the area of the front facade to which they are attached.
(2)
In any zone where plazas front on any two or more streets,
one being residential, signs for residential side rear delivery entrances
must not exceed six square feet of area per establishment. There can be indirect
lighting but no flashing or intermittent illumination.
(3)
In any zone, square footage of signs used for rear delivery
entrances and/or sign directories are not considered a part of square footage
permitted for front facade of the building.
After the effective date of this chapter and except as otherwise herein
provided, no person shall erect any signs allowed herein without first obtaining
a permit therefor from the Building Inspector and/or Code Enforcement Officer.
Application for the permit shall be made, in writing, in duplicate,
upon forms prescribed and provided by the Building Inspector and/or Code Enforcement
Officer or the Village Clerk to the Building Inspector and/or Code Enforcement
Officer and shall contain the following information:
A.
The name, address and telephone number of the applicant.
B.
The location of the building, structure or land to which
or upon which the sign is to be erected.
C.
A detailed drawing or blueprint showing a description
of the construction details of the sign and showing the lettering and/or pictorial
matter composing the sign; the position of lighting or other extraneous devices;
a location plan showing the position of the sign on any building or land and
its position in relation to nearby buildings or structures and to any private
or public street or highway.
D.
Written consent of the owner 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.
E.
Certification of an electrical inspection for any sign
having electrical connections.
[Amended 6-19-2002 by L.L. No. 5-2002; 3-21-2007
by L.L. No. 1-2007]
Upon application for the issuance of a sign permit, a fee shall be paid
in an amount established by resolution of the Village Board.
It shall be the duty of the Building Inspector and/or Code Enforcement
Officer, 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
application 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 Village of South Glens Falls and that
the necessary fee has been paid, the Building Inspector and/or Code Enforcement
Officer shall, within seven days, issue a permit for the erection of the proposed
sign. If the sign authorized under any 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 within 30 days from the expiration
thereof, for good cause shown, upon payment of an additional fee set by resolution
of the Village Board and on file in the Village offices.
No sign, whether new or existing, shall hereafter be erected or altered
except in conformity with the provisions of this chapter. However, notwithstanding
any provisions contained herein, the sign must be kept clean, neatly painted
and free from all hazards, such as, but not limited to, faulty wiring and
loose fastenings, and the sign must be maintained at all times in such safe
condition so as not to be detrimental to the public health or safety. In the
event of a violation of any of the foregoing provisions, the Building Inspector
and/or Code Enforcement Officer shall give written or personal notice specifying
the violation to the named owner of the sign and the named owner of the land
upon which the sign is erected, sent to the addresses as stated in the application
for the sign permit, to conform or remove such sign. The sign shall thereupon
be conformed by the owner of such sign and the owner of the land within 30
days from the date of said notice. In the event that such sign shall not be
so conformed within 30 days, the Building Inspector and/or Code Enforcement
Officer shall thereupon revoke the permit, and such sign shall be removed
by the named owner of the sign and/or the named owner of the land. Upon failure
of said persons to remove such sign within 30 days from the expiration of
said thirty-day period, the Building Inspector and/or Code Enforcement Officer
is hereby authorized to remove or cause removal of such sign and shall assess
all costs and expenses incurred in said removal against the land or building
on which such sign is located.
A.
Any business sign existing on or after the effective
date of this chapter which no longer advertises any existing business conducted
or product sold on the premises shall be removed by the owner of the premises
upon which such sign is located after written notice as provided herein. The
Building Inspector and/or Code Enforcement Officer, upon determining that
any such sign exists, shall notify the owner of the premises, in writing,
to remove said sign within 30 days from the date of such notice. Upon failure
of the owner to comply with such notice within the prescribed time, the Building
Inspector and/or Code Enforcement Officer is hereby authorized to remove or
cause removal of such signs and shall assess all costs and expenses incurred
in said removal against the land or building on which the sign is located.
B.
If the Building Inspector and/or Code Enforcement Officer
shall find that any sign regulated by this chapter is unsafe or insecure or
is a menace to the public, he shall give written notice to the named owner
of the sign and the named owner of the land upon which the sign is erected,
who shall remove or repair said sign seven days from the date of said notice.
If said sign is not removed or repaired, the Building Inspector and/or Code
Enforcement Officer shall revoke the permit issued for such sign, as herein
provided, and may remove or repair said sign and shall assess all costs and
expenses incurred in said removal or repair against the land or building on
which such sign was located. The Building Inspector and/or Code Enforcement
Officer may cause any sign which is a source of immediate peril to persons
or property to be removed summarily and without notice.
A.
A nonconforming advertising sign is an advertising sign
which was installed under laws or ordinances in effect prior to the effective
date of this chapter but which is in conflict with the provisions hereof.
B.
All nonconforming advertising signs facing on other streets
within the Village shall be removed within five years from the effective date
of this chapter.
The Zoning Board of Appeals of the Village of South Glens Falls may,
in appropriate cases and after public notice and hearing, vary or modify the
application of this chapter in harmony with its general purpose and intent
and act on special permits wherever the same are required by the terms of
this chapter.
Any person aggrieved by any decision of the Building Inspector and/or Code Enforcement Officer relative to the provisions of this chapter may appeal such decision to the Zoning Board of Appeals as provided in Chapter 153, Zoning, of the Code of the Village of South Glens Falls and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals.
Failure to comply with any of the provisions of this chapter shall be
deemed a violation, and the violator shall be liable to a fine of not more
than $250 or imprisonment for a term not to exceed 15 days, or both. Each
week such violation continues shall constitute a separate violation. A violation
of any of the provisions of this chapter shall be grounds for revocation of
any business license previously granted to the violator by the Village of
South Glens Falls.
This chapter shall be enforced by the Building Inspector and/or Code
Enforcement Officer of the Village of South Glens Falls.
The Village Board may, from time to time, on its own motion or on recommendation
of the Planning Board or the Zoning Board of Appeals, after public notice
and hearing, amend, supplement, change, modify or repeal this chapter pursuant
to the provisions of the Village Law applicable thereto.
