As used in this article, the following terms shall have the
meanings indicated:
A-FRAME SIGN
A specific type of portable sign which is typically constructed
or shaped in the form of the letter "A." Also known as a "sidewalk
sign" or "sandwich board" sign.
ABANDONED SIGN
Any sign which advertises, identities or pertains to a business
or activity no longer in existence. A sign which is not correctly
directed at any person or advertising a bona fide business, lessor,
owner, product or activity conducted or product available on the premises
where such sign is displayed. This provision does not apply to seasonal
activities during the regular periods in which they are closed.
[Amended 2-5-2018 by L.L.
No. 2-2018]
ADVERTISING SIGN
That copy on a sign describing products or services being
offered to the public.
ANIMATED SIGN
Any sign which includes action or motion or whose copy is
changeable by other than direct manual intervention.
AREA OF COPY
The entire area within a single continuous perimeter composed
of squares, rectangles, circles, ovals or any other geometric shape
which enclose the extreme limits of the message, announcement or decoration
on a facade, wall or freestanding sign.
AREA OF SIGN
The area of the largest single face of the sign within a
perimeter which forms the outside shape, including any frame, or forms
an integral part of the display but excluding the necessary supports
or uprights on which the sign may be placed. If the sign consists
of more than one section or module, all areas will be totaled.
AWNING
A roof-like covering consisting of any pliable material attached
to a rigid frame.
AWNING SIGN
Any sign painted on or attached to or supported by an awning.
BANNER
A temporary sign composed of a lightweight material enclosed
or not enclosed in a rigid frame, secured or mounted so as to allow
movement of the sign caused by movement of the atmosphere.
CANOPY and/or MARQUEE
A structure of canvas on a framework sheltering an area or
forming a sheltered walk to the entrance of a building.
CHANGEABLE COPY SIGN
A sign or portion thereof on which the copy or symbols change
manually through placement of letters or symbols on a panel mounted
in or on a track system.
COMMERCIAL USE
Any business whose primary purpose is retail or wholesale
trade or any nonprofessional customer service (e.g., shoe repair,
tailoring, laundry, photography or hairstyling).
COMPLEX
Any building or buildings, structure or structures or premises
used by three or more enterprises for any purpose other than a one-
or two-family dwelling.
COMPLEX IDENTIFICATION SIGN
A sign identifying a complex but which does not include identification
of any individual business within the complex.
DIRECTIONAL SIGN
Any sign commonly associated with and limited to information
and directions 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.
DIRECTORY SIGN
Any sign containing a list of the names of business establishments
located within a shopping center or building.
DOUBLE-FACED SIGN
Any two-faced sign utilizing both faces or surfaces for display
purposes.
DWELL TIME
The number of seconds between changes in the appearance of
an electronic message sign.
ELECTRONIC (DIGITAL) MESSAGE CENTER
An electronic message center (EMC), typically comprising
a liquid crystal diode (LCD), light-emitting diode (LED), plasma,
light bulbs, or other digital illuminated display that contains one
or more messages. An electronic message center is different from an
illuminated sign in that the illumination of the display creates the
message, rather than an internal or external light source illuminating
the message. Also known as "electronic sign" or "digital sign."
ERECT
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign; such term shall
also include the painting of exterior wall signs.
FARM STAND
A facility from which agricultural or nursery products produced
on the premises where the facility is located are offered for retail
sale.
FEATHER SIGN
A vertical portable sign that contains a harpoon-style pole
or staff driven into the ground for support or supported by means
of an individual stand.
FOOTCANDLE (FC)
A measurement of the amount of light reaching an object.
A footcandle is the measurement of the intensity of one lumen of light
falling on one square foot of surface area one foot away from the
source.
FREESTANDING SIGN
A permanent sign that is self-supporting in a fixed location
and not attached to a building. It includes ground signs and pole
signs, which are mounted on a pole(s) or other support(s) that is
placed on and anchored in the ground or on a base and that is independent
from any building or other structure. Flag poles are not within this
definition.
FRONT YARD
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.
FRONTAGE
The total length of the property line of a parcel bounded
by or abutting a public highway right-of-way.
GOVERNMENTAL SIGN
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law or ordinance or
governmental regulation.
GRAND OPENING SIGN
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.
GROUND LEVEL
The average ground elevation within 10 feet measured horizontally
of the sign base.
GROUND SIGN
A sign erected on a freestanding base or structure (such
as, but not limited to: concrete, masonry, wood, or stone) approximately
the same dimensions as the sign face, and not attached to any building.
See also "freestanding sign" and "pole sign."
HEIGHT
The vertical distance between the ground level under a sign
and the highest point of the sign structure.
IDENTIFICATION SIGN
A sign which is limited to the name, address and number of
a building, institution, complex or person.
ILLEGAL SIGN
Any sign for which a valid Village sign permit has not been
obtained and which is not exempt from the provisions of this article.
ILLUMINATED SIGN
Any sign for which an artificial source of light is used
in order to make readable the sign's message, including internally
and externally lighted signs and reflectorized, glowing or radiating
signs. An illuminated sign shall not be considered an electronic message
sign.
INTERNAL ILLUMINATION
A light source that is concealed or contained within the
sign and becomes visible during darkness through a translucent surface.
LOGO
A symbol, graphic, trademark or emblem commonly associated
with or representing a specific entity, product or concept.
LOT
Any parcel of real property recorded in deed form filed in
the Albany County Clerk's office.
MESSAGE CHANGE INTERVAL
Also known as "twirl time." The amount of time to transition
between two successive messages on an electronic display sign.
NAMEPLATE
A wall sign identifying the tenants or occupants of a building,
placed at the entrance to the tenant's place of business, not
exceeding one square foot in area per tenant.
NONCOMMERCIAL SIGN
Any sign (including, but not limited to, political signs,
statements of opinion, no-trespassing signs, and similar) designed
for the purpose of any noncommercial expression not related to the
advertisement of any product, item for sale, or service or the identification
of any business.
NONCONFORMING
Any sign which was lawfully erected and maintained prior
to the effective date of this chapter or any amendments thereto.
OFF-PREMISES SIGN
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.
OWNER
A person recorded as such on official records 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.
PARCEL
A piece of real property which is defined on an approved
subdivision map or on a survey map certified by a licensed land surveyor
or engineer.
PERMANENT SIGN
A sign for which a permit has been issued pursuant to the
provisions of this chapter.
POLE SIGN
A sign that is mounted on a freestanding pole or similar
supports, with air space between the ground and the sign face. See
also "freestanding sign" and "ground sign."
PORTABLE SIGN
A sign designed or constructed in such a manner that it can
be moved or relocated without involving any structural or support
changes.
PRIMARY FRONTAGE OR SECONDARY FRONTAGE
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 and the 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 designated as the "primary frontage." The remaining
segments shall be known as "secondary frontages."
PRIVATE SALE SIGN
A temporary sign advertising the sale of personal property
at house sales, garage sales, rummage sales and the like.
PROJECT SIGN
A sign denoting the developer, architect, engineer, contractor
or subcontractors on the premises where construction, repair, renovation
is in progress or will occur in the near future.
PROJECTING SIGN
A sign that is wholly or partly dependent upon a building
for support and which projects from a building.
REAL ESTATE SIGN
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located.
ROOF
The outside top covering of a building.
ROOF SIGN
Any sign erected upon, against or directly above a roof or
on top of or above the parapet of a building.
ROOFLINE
The top edge of the roof or top of the parapet, whichever
forms the top line of the building silhouette.
ROTATING SIGN
Any sign or portion of a sign which moves in a revolving
or similar manner.
SIGN
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 designated to advertise, identify or convey information,
with the exception of window displays and national flags. "Signs"
shall also include all sign structures.
SIGN STRUCTURE
Any structure which supports, has supported or is capable
of supporting a sign, including the decorative cover.
SINGLE-TENANT SITE
Any building or buildings, structure or structures located
on a single parcel and used by one enterprise.
STOREFRONT
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.
STREET
A public highway, road or thoroughfare which affords the
principal means of access to adjacent lots, measured from property
line to property line.
STREET NUMBER PLATE
A sign identifying the number and/or name of the street where
a specific building is located.
TEMPORARY SIGN
Any sign permitted pursuant to the provisions of this article
other than a permanent sign.
VIDEO DISPLAY
An electronic changeable message sign using instantaneous
transitions and giving the illusion of motion, with no meaningful
dwell time between changes in the display.
WALL
Any building surface whose slope is two vertical to one horizontal
or steeper.
WALL SIGN
A sign that is in any manner affixed to any exterior wall
of a building or structure which does not project more than 18 inches
from such building or structure.
WINDOW SIGN
Any sign viewable through and/or affixed in any manner to
a window or exterior glass door.
WINDOW, AREA OF
The area of a single window includes all of the window panes
in an area that is separated by mullions, muntins, or other dividers
which are less than three inches wide.
This article 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 Menands.
The following signs are exempt from the provisions or requirements
of this article:
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. A sign that is incorporated into or on a coin-operated machine, vending
machine, gasoline pump, or telephone booth.
E. Street number identification plates.
G. Posted ("no hunting, fishing and trapping" and "no trespassing")
signs which do not exceed two square feet.
H. A sign that is posted by a governmental unit, including a public
school district.
I. Utility line identification and location signs.
J. Rest room identification signs which do not exceed two square feet.
K. Any sign required by federal or New York State law.
L. Vacancy/no vacancy signs which do not exceed three square feet.
M. Accessory signs identifying such uses as parking, no parking or office,
which do not exceed two square feet each.
N. Holiday decorations erected for and during the particular holiday
they relate to or symbolize.
O. Open/closed business signs which do not exceed two square feet.
P. 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.
Q. Signs and markers in cemeteries designating graves and memorials.
All signs shall comply with the following design criteria.
A. Whenever feasible, multiple signs should be combined into one to
avoid clutter.
B. A sign's design shall be compatible with the architectural character
of the building on which it is placed and not cover any architectural
features on the building. High-quality materials and craftsmanship
are preferable.
C. To the extent possible, adjacent signs on the same or adjoining building
should be placed within the same horizontal band and be of reasonably
harmonious materials and colors.
D. Maintenance. All signs and components thereof shall be kept in good
repair and in safe, neat, clean and attractive condition.
E. Illumination.
(1) Lighting of all 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 passing motorists or constitute
a hazard to traffic.
(2) No flashing, nonconstant or moving light sources shall be permitted
except as stated herein or constitute a part of any sign, with the
exception of public service information. Each public service message
shall be allowed to remain for not less than two seconds.
F. General rules by sign type.
(1) Wall signs.
(a)
The visible edge or border of a wall sign may extend up to four
inches from the face of the wall to which it is attached, and may
not extend any distance beyond or above the building in any direction.
(b)
In a single-story building, the preferred placement of wall
signs is above the display window and below the cornice.
(c)
Where the design of an existing building facade incorporates
a specific area for a wall sign, the height and length of the sign
shall be restricted to the dimensions of this area.
(d)
A wall sign cannot cover windows or architectural details.
(2) Awning signs.
(a)
Awning graphics should be affixed flat to the surface of the
valance and shall indicate only the name and/or address of the enterprise
or premises.
(b)
Only awnings over ground floor doors or windows may contain
signs.
(c)
A maximum one sign per awning face is permitted.
(d)
An awning sign may only be externally illuminated.
(e)
Awnings that overhang a public sidewalk shall be affixed at
a consistent height of eight feet and extend no higher than 12 feet.
(f)
Awnings shall project at least three feet but no more than six
feet.
(3) Freestanding ground signs.
(a)
No more than one ground sign may be located on a lot unless
permitted herein.
(b)
Ground signs shall not be placed so as to impair visibility
for motorists.
(c)
No ground sign or its support shall exceed a height of eight
feet except as stated herein.
(d)
A ground sign shall meet the minimum front and side yard setbacks
for accessory buildings except in no case shall the sign be less than
five feet from the front property line and 10 feet from the side property
line.
(e)
The Village Board may require that landscaping be used at the
base of a ground sign if such landscaping will make the sign more
compatible with the surrounding area.
(4) Freestanding pole signs.
(a)
No more than one pole sign may be located on a lot unless permitted
herein.
(b)
Pole signs shall not be placed so as to impair visibility for
motorists.
(c)
No pole sign or its support shall exceed a height of 10 feet
except as stated herein.
(d)
A pole sign shall meet the minimum front and side yard setbacks
for accessory buildings except in no case shall the sign be less than
five feet from the front property line and 10 feet from the side property
line.
(e)
The Village Board may require that landscaping be used at the
base of a pole sign if such landscaping will make the sign more compatible
with the surrounding area.
(5) Projecting signs.
(a)
Projecting signs may not extend above the height of the lowest
point of the roofline, and shall have no more than two faces.
(b)
They shall be securely anchored and shall not swing or move
in any manner.
(c)
Projecting sign must be located at least 10 feet from any other
projecting sign.
(d)
The lowest point of the projecting sign shall be a minimum of
10 feet or a maximum of 15 feet above the sidewalk.
(e)
Signs shall have a minimum projection of six inches and a maximum
projection of five feet from the building face.
(6) Window signs.
(a)
A regulated window sign is one that includes any writing (letters,
words, numerals), is located within four feet of the window and is
plainly visible from the exterior of the building.
(b)
Maximum sign area of 25% or 50 square feet, whichever is less,
is allowed for each window area.
(7) Electronic message centers. All electronic (digital) message centers,
excluding billboards, shall conform with the following criteria. Electronic
message centers may be incorporated into the copy area of any authorized
sign.
(a)
When a message is changed, it shall be accomplished in less
than 1/10 of a second and shall not use fading, swiping, or other
animated transition methods.
(b)
Electronic message centers shall come equipped with dimming
technology that automatically adjusts the display's brightness
based on ambient light conditions.
(c)
The allowable nighttime brightness for digital signs is no greater
than 0.3 footcandles above ambient light conditions as measured by
a footcandle meter, when measured perpendicular to the electronic
message center face at a distance determined by the following formula:
|
Measure distance (ft) = √ [area of EMC sign (in sq
ft) x 100]
|
(d)
The minimum dwell time for an electronic message shall be no
less than seven seconds.
The provisions of this article shall be administered and enforced
by the Building Inspector, who shall have the power to make necessary
inspections. Any person aggrieved by any decision of the Building
Inspector relative to the provisions of this article may appeal such
decision to the Village Zoning Board of Appeals as provided in the
Zoning Law of the Village of Menands, New York, and shall comply with all procedural requirements prescribed
by such Zoning Board of Appeals.