[HISTORY: Adopted by the Board of Trustees
of the Village of Colonie 8-28-1995 by L.L. No. 2-1995; amended in its entirety 9-25-2006 by L.L. No.
3-2006. Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote and
protect the public health, welfare and safety by regulating on-premises
signs of all types. It is intended to protect property values, create
a more attractive, economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic and
natural beauty of designated areas and provide a more enjoyable and
pleasing community. It is further intended hereby to reduce sign or
advertising distractions and obstructions that may contribute to traffic
accidents, reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way, provide more open space and
curb the deterioration of natural beauty and community environment.
It is the intent of the Village Board that the primary function of
a sign shall be the identification of the location or occupant of
a parcel of land.
This chapter shall hereinafter be known and
cited as the "Village of Colonie Sign Law."
As used in this chapter, the following terms
shall have the meanings indicated:
A sign which for a period of 90 consecutive days has not
correctly directed or exhorted any person or advertised a bona fide
business, lessee, owner, product or activity conducted or product
available on the premises where such sign is displayed.
That copy on a sign describing products or services being
offered to the public.
A specific type of portable sign which is typically constructed
or shaped in the form of the letter "A."
Any sign which includes action or motion, or whose copy is
changeable by other than direct manual intervention.
The entire area within a single continuous perimeter composed
of squares, rectangles, circles, ovals or any other geometrical shapes
which enclose the extreme limits of the message, announcement or decoration
on a fascia, wall or freestanding sign.
A roof-like covering consisting of any pliable material attached
to a rigid frame.
A temporary sign composed of lightweight material either
enclosed or not enclosed in a rigid frame, secured or mounted so as
allow movement of the sign caused by movement of the atmosphere.
Any sign constructed or erected upon any parcel of property
that does not contain the business, occupation or professional advertised
on the sign or a sign that advertises goods, products, services or
facilities at a location different from the place where the sign is
located or erected.
A structure of canvas on a framework sheltering an area or
forming a sheltered walk to the entrance of a building.
A sign such as an electronically or electrically controlled
public service time, temperature and date sign, message center or
reader board, where different copy changes are shown.
A sign on which copy is changed manually in the field, i.e.,
reader boards with changeable letters or changeable pictorial panels.
Any business whose primary purpose is retail or wholesale
trade, any nonprofessional customer service (such as show repair,
tailoring, laundry, photography or hairstyling) or customer service
office uses (such as bank loan offices, insurance agents, travel agents
or tax return preparers).
A sign identifying a complex but which does not include identification
of any individual business within the complex.
A building larger than 10,000 square feet that is occupied
by more than two business tenants.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
and similar persons or firms having a role or interest with respect
to the structure or project.
Any sign commonly associated with and limited to information
and direction necessary and convenient for persons coming on the property,
including signs marking entrances, parking areas, one-way drives,
rest rooms, pickup and delivery areas and the like.
Any sign containing a list of the names of business establishments
located within a building complex. The style, lettering and color
for all tenants identified on such signs shall be substantially similar.
No logos shall be permitted on such signs.
Any two-faced sign utilizing both faces or surfaces for display
purposes.
A sign that utilizes computer-generated messages or some
other electronic means of changing copy. These signs include displays
using incandescent lamps, LEDs or a flipper matrix.
[Added 5-20-2019 by L.L.
No. 1-2019]
To build, construct, alter, repair, display, relocate, attach,
hand, place, suspend, affix or maintain any sign, and shall also include
the painting of the exterior wall signs.
A facility from which agricultural or nursery products produced
on the premises where the facility is located are offered for retail
sale.
Any sign not affixed to a building.
The total length of the property line of a parcel bounded
by or abutting a public highway right-of-way.
Any open, unoccupied space on the same lot with the building
or structure, extending the full width of the lot and situated between
the street line and the front lines of the building.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law or ordinance or
governmental regulation.
A temporary sign permitted for 30 days only to announce the
opening of a completely new enterprise or the opening of an enterprise
under new management.
The area contained within a single continuous perimeter composed
of a single geometric shape (square, rectangle, circle, oval or trapezoid)
enclosing all parts of such sign, but excluding any structural elements
outside the limits of the sign which are required for the supporting
of such sign.
The average ground elevation, within 10 feet, measured horizontally
of the sign base, excluding berms.
[Amended 5-20-2019 by L.L. No. 1-2019]
The vertical distance between the ground level under a sign
and the highest point of the sign structure.
Any structure in which any recognized religion which has
a tax-exempt status meets to practice its religion.
A sign which is limited to the name, address and number of
a building, institution, complex or person.
Any sign for which a valid Village of Colonie sign permit
has not been obtained and which is not exempt from the provisions
of this chapter.
Any sign which emanates light either by means of exposed
tubing or lamps on its surface or by means of illumination transmitted
through the sign surface or which reflects lights from a source intentionally
directed upon it.
Property lines other than those fronting on a street, road
or highway.
Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign.
A symbol, graphic, trademark or emblem commonly associated
with or representing a specific entity, product or concept.
Any parcel of real property recorded in deed form filed in
the Albany County Clerk's office.
A tenant in an office complex that occupies more than 50%
of said complex.
Wording or copy on a sign.
Any sign which was lawfully erected and maintained prior
to the effective date of this chapter or any amendments thereto.
Any sign advertising or calling attention to any business
or activity not located on the same continuous parcel of real estate
as the sign, or any sign advertising or calling attention to any commodity
or service not sold or offered upon the same continuous parcel of
real estate as the sign.
A sign which provides services, direction or courtesy information
intended to assist the public and which is not displayed for the general
purpose of advertising products or services. Information signs shall
include the location of business facilities (e.g., store entrances,
walk-up windows and self-service operations) and courtesy information
(e.g., hours of operation, handicapped accessibility and rest rooms).
On-site advisory signs shall not include any sign whose primary function
is business identification.
A person recorded as such on official records, and including
but not limited to a duly authorized agent, purchaser, devisee or
any person having a vested or contingent interest in the property
in question.
A piece of real property which is defined on an approved
subdivision map recorded with the Albany County Clerk or Village of
Colonie Planning Department or is legally defined on a survey map
certified by a licensed land surveyor or engineer.
A sign for which a permit has been issued pursuant to the
provisions of this chapter for the period stated in the permit.
A sticker, affixed either to the face or the channel of a
sign visible from the ground, denoting that the sign to which it is
affixed has been authorized by Village officials pursuant to the provisions
of this chapter.
A temporary sign announcing or supporting political candidates
or issues connected with any national, state or local election.
A sign designed or constructed in such a manner that it can
be moved or relocated without involving any structural or support
changes.
Complex identification sign located on a parcel's primary
frontage.
The entrance primarily used by customers/guests to enter
the building.
Where a parcel has more than one public highway right-of-way
abutting it, one frontage shall be designated by the applicant as
the "primary frontage" of the parcel; other frontage(s) for said parcel
shall be known as the "secondary frontage(s)." Where frontage along
the highway is discontinuous, one continuous segment of the frontage
shall be designed as the "primary frontage." The remaining segments
shall be known as "secondary frontages."
A temporary sign advertising the sale of personal property
at house sales, garage sales, rummage sales and the like.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 18 inches from such building.
Any sign intended primarily to promote items of general interest
to the community, such as time, temperature and date, atmospheric
conditions, news or traffic control, etc.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located, excluding,
however, "sold-by" signs.
Any identification that identifies the name of the subdivision
only; must be accompanied by a maintenance agreement from the entity
responsible to maintain the sign; may be located on an individual
parcel or on open space within the subdivision.
Any identification that identifies the name of the subdivision,
but may also identify the builder, architect, and/or lending institution;
may be located on an individual parcel or on open space within the
subdivision; must be removed when last lot has been issued a building
permit.
The sale of goods or services to ultimate consumers.
Any building surface whose slope is less than two vertical
to one horizontal.
The top edge of the roof or top of the parapet, whichever
forms the top line of the building silhouette.
Any sign erected upon, against or directly above a roof or
on a top of or above the parapet of a building.
Any sign, or portion of a sign, which moves in a revolving
or similar manner, but not including multiprism indexing signs.
Complex identification sign located on a parcel's secondary
frontage(s).
The required distance needed from any street line to any
part of the sign.
Consists of three or more contiguous or adjoining establishments
(whether located in attached or unattached buildings) offering goods
or services to the general public, all of which such establishments
occupy space owned or controlled by a common landlord, owner, person
or entity, having a shared or common parking access directly from
outdoors. The term includes shopping malls, strip malls, shopping
plazas and all other such areas which, regardless of name or description,
come within the definition of "shopping center" herein set forth.
Any identification, description, illustration or device,
illuminated or nonilluminated, which is visible from any public place
or is located on private property and exposed to the public and which
directs attention to a product, service, place, activity, person,
institution, business or solicitation, including any permanently installed
or situated merchandise, or any logo, painting, banner, pennant, placard
or temporary sign designed to advertise, identify or convey information.
Signs shall also include all sign structures. Except as specifically
permitted by this chapter, all signs shall be of a size not to exceed
32 square feet and a thickness not in excess of 12 inches and, where
freestanding signs are permitted, shall not exceed six feet in height
above the ground on which constructed. The thickness of a sign shall
be the distance from the face of the sign to the wall to which it
is attached, or, in the case of a double-faced sign, the distance
between the two exterior faces.
Signs placed on, painted or affixed to vehicles and/or trailers
which are parked on a public right-of-way and where the apparent purpose
is to advertise a product or business, or direct people to a business
or activity located on the same or nearby property, that exceed 20
square feet in aggregate total area over the entire vehicle are prohibited.
This does not prohibit identification signs painted on or affixed
to vehicles and trailers, such as small lettering on motor vehicles,
where the sign is incidental to the primary use of the vehicle or
trailer.
Any structure which supports, has supported or is capable
of supporting a sign, including the decorative cover.
Any building or buildings, structure or structures located
on a single parcel and used by one enterprise.
A sign affixed to the underside of a roof overhang adjacent
to a store or other commercial premises.
In a single-tenant building, the linear distance of a building
facing a street or right-of-way and which contains the main entrance
to the building; in a complex, the linear distance of that wall which
has the primary access to the out-of-doors.
A public highway, road or thoroughfare which affords the
principal means of access to adjacent lots, measured from property
line to property line.
A nonelectric sign identifying the number and/or name of
the street where a specific building is located.
Any sign permitted pursuant to the provisions of this chapter
other than a permanent sign.
A sign affixed to the underside of a permanent, covered walkway
fronting and connecting three or more commercial premises having direct
customer access to the out-of-doors and erected perpendicular to the
fronts of such premises at the entrance, so as to aid passerby pedestrians
in identifying the location of such premises. All such signs within
a commercial complex shall be of the same coloring and shall use the
same lettering style and shall not contain logos or any information
other than the name of the commercial establishment.
Any building surface whose slope is two vertical to one horizontal
or steeper.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and which does not
project more than 18 inches from such building or structure.
A sign which is applied or attached to the interior of a
window or located within three feet of the interior of the window
and which can be seen from the exterior of the structure, and which
is nonelectric in nature, or any sign on the ground floor of a building,
on or within one foot of a window, intended to be viewed from the
exterior of such building. On-site advisory signs are not considered
window signs. Window signs may be illuminated only during business
hours. The total area of all window signs placed in a building may
not exceed 10% of the window area of the front ground floor elevation
of the building. Window signs shall not be included in the gross allowable
sign area. This chapter is intended to regulate all on-premises signs
currently existing, or yet to come into existence, which are to be
located within the Village of Colonie.
[Amended 5-20-2019 by L.L. No. 1-2019]
A.
No sign shall hereafter be erected, constructed, altered,
rebuilt, enlarged or relocated until a permit for the same shall have
been issued by the Village Code Enforcement Officer.
B.
Every sign now in existence in the Village of Colonie
must conform to the safety provisions hereinafter provided not later
than 180 days after the owner thereof receives notice of violation
of the safety provisions provided herein.
C.
All applicants for permits shall be required to complete
applications provided by the Village of Colonie and to provide information
sufficient to establish compliance with this chapter.
D.
An application for a sign shall be made to the Village Code Enforcement
Officer, which application shall contain a design-professional-stamped
plan detailing location, dimensions and total height from ground;
total square footage with respect to property line (in feet). A sketch
must be done to scale on the site plan. A fee as set by resolution
of the Board of Trustees from time to time shall be submitted with
the application. Contained on such a sketch shall be a proposal for
affixing to the building, that is the subject premises of the application,
its street address. The address shall be affixed to the building in
Arabic numerals of 12 inches in height and designed to be visible
from the street or road that is the building's address on the
Official Tax Maps of the Village of Colonie.
The following signs are exempt from the provisions
or requirements of this chapter:
A.
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.
B.
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.
C.
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.
D.
One self-service identification sign which does not
exceed two square feet per self-service fuel pump island.
E.
One full-service identification sign which does not
exceed two square feet per full-service fuel pump island.
F.
Fuel price signs required by federal, slate or local
legislation.
G.
Street number identification plates.
H.
Historical site markers.
I.
No-trespassing signs.
J.
Posted (no hunting, fishing and trapping) signs.
K.
Governmental signs.
L.
Utility line identification and location signs.
M.
Phone identification signs.
N.
Rest room identification signs.
O.
Handicapped parking and access signs.
P.
Vacancy/no vacancy signs which do not exceed three
square feet.
Q.
Accessory signs identifying such uses as parking,
no parking or office which do not exceed two square feet each.
R.
Holiday decorations erected for and during the particular
holiday they relate to or symbolize.
S.
Open/closed business signs which do not exceed two
square feet.
T.
Street identification, traffic and governmental signs
and control devices required by law, ordinance or regulation.
U.
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.
V.
Signs and markers in cemeteries designating graves
and memorials.
W.
Farm stand signs that do not exceed 16 square feet
in size.
X.
Residential use, one- and two-family use "for sale"
or "for rent" signs that do not exceed 16 square feet in size.
A.
The following signs are deemed illegal signs and in
violation under this chapter:
(1)
Abandoned signs.
(2)
Any sign erected for which no building or sign permit
was issued by the Village or which does not have a sign permit number
displayed on its face or which has had its permit revoked.
(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.
The Code Enforcement Officer 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
within 10 business days. 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 10 business days after
notice is provided, the Code Enforcement Officer 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 Village or any officer, employees or agents of the Village
except for acts of affirmative negligence in connection with the removal
of any such illegal sign.
C.
In cases of emergency, the Code Enforcement Officer
shall cause the immediate removal of a dangerous or defective sign
without notice.
D.
Any sign for which a sign permit has been issued may
be inspected for adequate maintenance, freedom from any hazardous
condition, and structural soundness. If a sign is found to be unsafe,
the permittee shall have 30 days to correct any defect. If said defect
cannot be corrected within 30 days, the Code Enforcement Officer may
grant the permittee up to 30 additional days to correct. If the defect
has not been corrected by the expiration of 30 days or any additional
period granted to correct it, the sign permit shall become null and
void and the sign shall be illegal.
[Amended 5-20-2019 by L.L. No. 1-2019]
The owner will pay to the Village a fee as set by resolution
of the Board of Trustees from time to time.
A.
Signs in commercial districts.
(1)
With the exception of the provisions of § 181-18 and Chart A, regarding signs for shopping centers,[1] which shall take precedence over this section, anything
contained in this Code to the contrary notwithstanding, any building
located on a parcel of property in the Commercial A or B District
containing a business or profession to be advertised, which building
is constructed:
(a)
From one foot to 50 feet from the street line
that shall be considered to be the front line of the subject parcel,
will be granted a permit for one sign to be attached to the building.
(b)
More than 50 feet but less than 75 feet from
the street line that shall be considered to be the front line of the
subject parcel, will be granted, at the option of the applicant, a
permit for either one sign to be attached to the building or one freestanding
sign, as defined in this chapter.
(c)
Seventy-five feet or more from the street line
shall be considered to be the front line of the subject parcel, will
be granted a permit for one sign to be attached to the building and
for one freestanding sign, as defined in this chapter.
[1]
Editor's Note: Chart A is included at the end of this chapter.
(2)
Drive-through, drive-in or drive-by facilities.
(a)
In addition to the signs permitted by Subsection A(1), any business located in a building in the Commercial A or B District conducted in or in part by means of a drive-through, drive-in or drive-by facility, the use of which requires that a prospective customer for the product or service offered remain in a motor vehicle, may, upon application to the Code Enforcement Officer, be granted a permit for a sign, not larger than two feet by three feet nor higher than three feet, for the purpose of advertising the products or services offered and their prices. The location for any such sign shall be as directed by the Code Enforcement Officer.
(b)
The Code Enforcement Officer shall have the
authority to grant a permit for more than one such sign upon a showing
by the applicant that multiple drive-through, drive-in or drive-by
facilities are planned or are in use. The size and location of all
such signs, after the first sign, shall be as determined by the Code
Enforcement Officer, provided that no such sign shall be larger than
two feet by three feet nor higher than three feet.
(3)
Anything contained in this Code to the contrary notwithstanding,
any building located on a parcel of property in the Commercial D District
shall be limited to the following signs:
(a)
The street address of such building, in accordance
with the requirements and limitations of this chapter; and
(b)
A sign not larger than 12 square feet or higher
than six feet, including the posts to which the sign is attached,
containing a directory of all business residents in such building.
Such sign may be attached to the building or unattached, at the option
of the applicant. If unattached, such sign shall not be erected within
the front line or sideline setbacks, as the same are defined by this
Code.
(4)
Anything contained in this chapter to the contrary
notwithstanding, the Code Enforcement Officer may permit the erection
of any number of safety or directional signs upon any building or
premises as he may determine are needed. The size, number and location
of such signs are to be determined by the Code Enforcement Officer.
B.
Signs in residential districts.
(1)
In connection with any approved home occupation in
a Residential A or Residential B District there may be displayed a
sign not to exceed 1 1/2 square feet which must be attached to
the building within which such home occupation is located.
(2)
In connection with any other authorized use in any
residential district there may be displayed a sign not to exceed three
square feet which must be attached to the building within which such
use is located.
C.
Every sign shall contain only one advertiser per face.
D.
The construction or erection of billboards in the
Village of Colonie is prohibited.
A.
All sign shall be designed to resist wind load, from
any direction, of 20 pounds per square foot. The sign shall provide
a factor of safety against overturning of at least 1 1/2.
B.
All sign fabrication, erection and attachment shall
conform to the requirements of the latest edition of the New York
State Uniform Fire Prevention and Building Code and other applicable
codes and regulations. If the requirements of such a code are greater
or more restrictive than those in this chapter, the code's requirements
shall govern.
C.
All sign lighting devices and wiring shall conform to the requirements of the latest edition of the National Electrical Code and other applicable codes and regulations, and all electrified signs shall bear the Underwriters' Laboratories, Inc., label and shall have been approved by an authorized inspection agency. (See Chapter 110.)
D.
Transformers, wires and similar items shall be concealed.
E.
All wiring to signs shall be underground.
F.
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.
G.
Where used, the footing of all signs shall extend
below the frost line and shall be a minimum of five feet below grade.
H.
When affixed to a building, the sign shall be affixed
in accordance with generally accepted building practices.
I.
Every sign shall depict, on its face, the street location
number of the building identified by such sign.
A.
The owner of any sign shall maintain the same in a
safe condition. All signs shall be subject to inspection by the Code
Enforcement Officer or his duly authorized representatives and, if
found by such inspector to be in an unsafe condition, shall be repaired
or removed by the owner. If the owner shall fail to make the needed
repairs or removal, the Code Enforcement Officer shall have the authority
to have the sign removed at the expense of the owner, and the cost
of such work shall be recovered from the bond sureties if the owner
shall refuse to reimburse the Village of Colonie. In cases where the
Village incurs expenses in removing a sign but there is no bond on
file, the cost shall become a lien upon the property. A statement
to this effect shall be included in the application for the permit
for the erection of the sign, and the applicant shall agree to this
provision before the permit shall be granted.
B.
It shall be the responsibility of the owner of the
sign to maintain its appearance in all respects, including all sign
finishes, supports and electrical work which must 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, and, where signs constructed upon the
ground are permitted by this chapter, to cut the grass or remove any
other growth and to remove all rubbish from the base area of the sign.
C.
Signs that advertise any activity, business, product or service no longer conducted or available on the premises shall be considered abandoned and shall be removed at the request of the Code Enforcement Officer. If the sign has not been removed 90 days after the date of a written request, the Code Enforcement Officer shall have the authority to have the sign removed at the expense of the owner, and costs shall be recovered as in Subsection A above.
A.
Commercial signs, except those permitted in residential
districts, may be erected only in commercial districts. In any case
where another provision of this Code places more restrictive limitations
upon the use or erection of signs, then the more restrictive provision
shall apply.
B.
No sign shall be located closer than 15 feet to the
side property line or 25 feet to the street curbline of the property
upon which it is erected.
C.
No sign or any part thereof shall be erected upon
any public street or highway, nor shall any part thereof extend over
any sidewalk area, nor shall any upright portion of the sign be closer
than five feet to any sidewalk area.
All signs permitted within this chapter shall
comply with the following requirements:
A.
Illumination of signs shall be accomplished by means
of shielded light sources or in such other manner that no glare shall
extend beyond the property lines of the property upon which such signs
are located, and no glare shall disturb the vision of neighbors or
passing motorists or constitute a hazard to traffic.
B.
No flashing, nonconstant or moving light sources shall
be permitted or constitute a part of sign, with the exception of public
service information signs. Each public service message shall be allowed
to remain for not less than two seconds.
C.
The minimum duration of an individual message shall be at least 60
seconds.
[Added 5-20-2019 by L.L.
No. 1-2019]
The prohibitions contained in this section shall
apply to all signs and all use districts, regardless of designation,
of the Village of Colonie.
A.
Any illumination sign or lighting device shall employ only lights
emitting a light of constant intensity, and no sign shall be illuminated
by or contain a flashing, intermittent or moving light or lights.
In no event shall an illuminated sign or lighting device be so placed
or directed as to permit the beams and illumination therefrom to be
directed or beamed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or nuisance, and is more than 0.3 footcandle at night,
measured from the curbline. All permitted electronic message signs
must be equipped with a sensor or other device that automatically
determines the ambient illumination and programmed to automatically
dim according to ambient light conditions or that can be adjusted
to comply with the measurements of 0.3 footcandle. The provisions
of this section shall not be applied so as to prohibit a sign from
changing to show the time and temperature.
[Amended 5-20-2019 by L.L. No. 1-2019]
B.
No sign or part thereof shall contain or consist of
banners, balloons, pinwheels, posters, pennants, ribbons, streamers
or other similar moving, fluttering or revolving devices. Said devices,
as well as strings of lights, shall not be used for the purpose of
advertising or attracting attention.
C.
No signs containing sequin-studded lettering shall
be erected.
D.
No revolving or moving signs or signs that contain
visible parts which move shall be allowed.
E.
No sign shall project from the front face of a building
a distance of more than 12 inches, including those projecting from
the face of any theater, hotel or motel marquee.
F.
No outdoor electrical sign shall be permitted unless it meets the requirements of the National Electrical Code and shall have the approval of an authorized inspection agency. (See Chapter 110.)
G.
No sign shall be erected upon a roof or parapet of
a building or structure.
H.
No swinging signs shall be permitted.
I.
No rotating beacons or searchlights shall be permitted.
J.
A-frame or sandwich board, sidewalk or curb signs
are prohibited.
K.
No billboards.
No portable or temporary sign shall be placed
on a building or any premises, except as provided herein:
A.
Temporary signs. All signs of a temporary nature,
such as political posters, banners, promotional devices and other
signs of a similar nature, may be granted a temporary permit by the
Code Enforcement Officer 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. A fee as set by resolution of the Board of Trustees
from time to time shall be paid upon the issuance of a permit for
such sign or group of identical signs, and a cash deposit for a like
amount shall be deposited with the Village Treasurer to assure removal
of such sign or signs at the expiration of the permit. The Chief Code
Enforcement Officer, after seven days' written notice to the permit
holder to remove such sign or signs and after the failure of the permit
holder to do so, shall cause said signs to be removed, and the cash
deposit shall be forfeited to help defray the cost of removal.
B.
No permit for a temporary or portable sign will be
granted if either:
(1)
The proposed sign is designed to supplement, augment
or repeat a message or messages already displayed on the premises
on or near which it is proposed to place the sign and the total sign
area of the existing signs on the premises and the proposed sign(s)
exceed the total sign area permitted under this chapter; or
(2)
A permit for a temporary sign has been granted for
the same premises within the last six months.
A.
A "nonconforming sign" is a sign or billboard which
was installed under laws or ordinances in effect prior to the effective
date of this chapter or one which was installed as the result of a
variance granted by the Zoning Board of Appeals of the Village permitting
such installation but which is in conflict with the provisions hereof.
B.
Any sign existing at the time this chapter is enacted,
which is altered in any way, form or fashion, shall be considered
a new sign and shall be required to conform to the requirements contained
herein, except that the original owner may be allowed to alter the
message of the sign, provided that the person, place, establishment,
business and service identified by the sign remains the same, but
may not alter its structure.
Any party aggrieved by an adverse decision of
the Code Enforcement Officer may appeal all or any part of such decision
to the Sign Review Board for the Village of Colonie. Such appeal shall
be taken within 60 days of the date of the written decision at issue
and shall be made in the form of an application for a variance from
that provision or those provisions of the Code relied upon by the
Code Enforcement Officer in his decision.
A.
For any and every violation of the provisions of this
chapter, the owner, general agent or contractor of a sign or any person
who commits or takes part or assists in such violation or who maintains
any sign where a violation exists shall, for each and every day such
violation continues, be subject to a fine of not more than $250 and/or
imprisonment for not more than 15 days.
B.
Penalties. Any fine or penalty for violation of any
of the provisions of this chapter of the Village Code shall be assessed
by the Board of Trustees of the Village of Colonie. The Sign Review
Board may recommend such a fine exists to the Village Board, but such
shall be advisory only.
The Code Enforcement Officer may approve an application by the landlord, owner, person or entity that owns or controls the shopping center for any sign or signs to which an individual commercial business would be entitled, upon proper application under this chapter, provided that the shopping center meets and complies with any and all limitations and conditions contained in this chapter and all conditions set forth in attached Chart A.[1]
[1]
Editor's Note: Chart A is included at the end of this chapter.
A.
Intent. The intent of this section is to allow certain
provisions of this chapter to be modified where such modification
will encourage excellence in the planning and design of signs.
B.
Application for permit. Any person who wishes to construct
or install a sign other than as permitted in this chapter shall make
application for a special exemption sign permit on forms provided
and prescribed by the Sign Review Board.
C.
Guidelines. The following guidelines shall be considered
by the Sign Review Board in determination whether a special exemption
sign permit shall be issued. The proposed sign should:
A.
A Sign Review Board shall be, and it hereby is, established.
B.
The purposes of this Board are to provide a process by which special exception sign permits may be issued consistent with the intent of § 181-19C and to hear any appeals on questions of alleged error in any order or determination of the Building Department involving the interpretation of the provisions of this chapter.
C.
Membership.
[Amended 8-22-2011 by L.L. No. 1-2011]
(1)
Said Board shall consist of five members who shall
serve without compensation, for a term equal to the number of regular
voting members on the Board, with one member’s term expiring
each year. The Mayor, subject to approval of the Board of Trustees,
appoints the Chairperson and the members. No member of the Village
Board of Trustees can also be a member of the Sign Review Board.
(2)
Alternate members. There shall be one alternate member
of the Sign Review Board. The Chairperson of the Sign Review Board
shall temporarily replace a member with an alternate member, with
full voting privileges, where the member’s abstention from a
particular vote, due to absence or conflict of interest, precludes
the Board member from taking action on a particular issue.
(3)
Minimum standards for meeting attendance and training.
[Added 6-16-2014 by L.L. No. 1-2014]
(a)
Nonexcused failure to attend three consecutive Sign Review Board
regularly scheduled meetings.
(b)
Nonexcused failure to attend not less than eight nonconsecutive
regularly scheduled meetings during the calendar year, January through
December.
(c)
Failure to attend required training.
(d)
Excused absence for medical/health reasons shall not count as
an attendance failure.
D.
The Mayor shall designate the Chairman of said Board
at the Annual Meeting.
E.
The initial appointees of the Board shall have different
terms ranging from one year to three years. Thereafter, appointments
shall be for three years to maintain three-year terms and yearly appointments.
F.
Decisions of the Sign Review Board shall be based
on the guidelines listed in 181-19C.
G.
All decisions shall be transmitted in writing, and
copies shall be sent to the applicant and the Building Department.
H.
The Sign Review Board may hold a hearing on any request
for a special exception sign permit, upon notice of not less than
five days, published in an official newspaper of the Village.
I.
The Sign Review Board may develop additional criteria
and design for issuance of special exception sign permits for adoption
by the Village Board by resolution or local law.
J.
Decisions of the Sign Review Board shall require a
vote of a majority of the full membership of the Board to grant, deny
or modify any applications or appeals before it, and a minimum of
two members of the Sign Review Board must be present to transact any
business at any time. If the majority vote required above is not cast
to approve, deny or modify the application or appeal, the application
or appeal shall be denied.
K.
Any person aggrieved by a decision of the Sign Review
Board may have the decision reviewed by the Supreme Court of the State
of New York in the manner provided by law.
All signs authorized under this chapter shall
bear the assigned permit sticker, which is to be provided by the Code
Enforcement Officer, prominently and permanently affixed by the applicant
in an area readily visible to a sign inspector. Failure to affix the
permit sticker shall constitute cause for revocation of the permit
by the Code Enforcement Officer in addition to any other penalties
or remedies prescribed herein.
