A.
Permitted signs. 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.
(1)
Special event sign. Sign is to be temporary in nature (not to exceed
30 days); 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.
[Amended 11-20-2014 by L.L. No. 16-2014]
(2)
Political signs; lawn signs. Sign is to be temporary
in nature (must be removed within 30 days after election); 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.
(3)
Commercial real estate signs. 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 with a ten-foot front
yard and fifteen-foot side and rear yard setback; one per parcel;
and shall not exceed six feet in height for freestanding or 10 feet
in height if a wall sign.
(4)
Construction project identification signs. Sign is
to be temporary in nature (one-year renewable); no larger than 48
square feet with a fifteen-foot setback; two per parcel; and shall
not exceed 20 feet in height for freestanding or 10 feet in height
if a wall sign.
(6)
Residential subdivision identification (temporary).
Sign is to be temporary in nature; no larger than 32 square feet with
a fifteen-foot front, side and rear yard setback; 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.
(7)
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.
(8)
Walkway sign. Sign is to be permanent in nature. One
sign per tenant is permitted. Signs may not exceed 14 inches in height
by 36 inches in width, may not extend beyond the walkway covering,
and must be at least seven feet eight inches in height from the walkway
surface to the bottom of the sign.
(9)
A-frame signs. Sign is temporary in nature (must be removed when
business is not open). One sign per tenant is permitted. Sign may
not exceed 24 inches wide and 36 inches high and, including the base,
shall be no higher than 48 inches from ground level. Sign may not
be illuminated and must be secured or weighted to the ground so as
to withstand the elements and prevent movement. Sign must be located
no more than 15 feet from the front of the building, set back at least
five feet from the side and front property lines, and not be within
any municipal roadway, right-of-way, or easement.
[2]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(9) as Subsection A(10).
(10)
Table of permitted signs. Editor's Note: The Table of Permitted Signs is included at the end of this chapter.
[Added 6-28-2007 by L.L. No. 10-2007]
B.
Prohibited signs.
(1)
Any sign not permitted is prohibited. Any sign not
permitted in this article and any sign specifically designated in
this section is prohibited.
(2)
Signs specifically prohibited. Signs specifically
prohibited are as follows:
(a)
Roof signs.
(b)
Rotating signs.
(c)
Projecting signs.
(d)
Animated signs, except public service information.
(f)
Banners and pennants, except as a part of a
grand opening when affixed exclusively to the face of a building (30
days, maximum).
(g)
Portable signs.
(h)
Any sign or part thereof which includes lighting
devices and reflectors which are placed so as to frame the outline
or provide the background for a sign.
(i)
Any sign or part thereof 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 public
right-of-way, 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.
(j)
Any sign other than an exempt sign placed on
any curb, sidewalk, hydrant, utility pole, building or tree.
(k)
Any sign erected or maintained which might 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 public travel.
C.
Exempt signs. The following signs are exempt from
the provisions or requirements of this article:
(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)
Self-service identification sign. One self-service
identification sign which does not exceed two square feet per self-service
fuel pump island.
(5)
Full-service identification sign. One full-service
identification sign which does not exceed two square feet per full-service
fuel pump island.
(6)
Fuel price signs. Fuel price signs required by federal,
state or local legislation.
(7)
Street number identification plates.
(8)
Historical site markers.
(9)
No-trespassing signs.
(10)
Posted (no hunting, fishing and trapping) signs.
(11)
Governmental signs.
(12)
Utility line identification and location signs.
(13)
Phone identification signs.
(14)
Rest room identification signs.
(15)
Handicapped parking and access signs.
(16)
Vacancy/no vacancy signs. Vacancy/no vacancy
signs which do not exceed three square feet.
(17)
Accessory signs. Accessory signs, identifying
such uses as parking, no parking or office, which do not exceed two
square feet each.
(18)
Holiday decorations. Holiday decorations erected
for and during the particular holiday they relate to or symbolize.
(19)
Open/closed business signs. Open/closed business
signs which do not exceed two square feet.
(20)
Street identification, traffic and governmental
signs and control devices. Street identification, traffic and governmental
signs and control devices required by law, ordinance or regulation.
(21)
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.
(22)
Signs and markers in cemeteries. Signs and markers
in cemeteries designating graves and memorials.
(23)
Farm stand signs. Farm stand signs that do not
exceed 16 square feet in size.
(24)
Residential use "for sale" or "for rent" signs.
Residential use, one- and two-family use "for sale" or "for rent"
signs that do not exceed 16 square feet in size.
D.
Nonconforming signs.
(1)
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.
(2)
Any sign existing at the time this article 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 registrant 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.
(3)
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.
E.
Illegal signs.
(1)
Signs deemed illegal. The following signs are deemed
illegal signs and in violation under this article:
(a)
Abandoned signs.
(b)
Any sign erected for which no building or sign
permit was issued by the Town or which does not have a sign permit
number displayed on its face or which has had its permit revoked.
(c)
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).
(2)
Violation notice and sign removal. The Building Department may 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. Upon failure of said owner or lessee
or tenant to remove the sign within 10 business days after notice
is provided, the Building Department 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.
[Amended 11-20-2014 by L.L. No. 16-2014]
F.
Emergency action. In cases of emergency, the Building
Department may cause the immediate removal of a dangerous or defective
sign without notice.
G.
Inspection. 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 Building Department
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.
H.
Construction.
(1)
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.
(2)
Lighting fixtures 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 label or approved equal.
Further, all electrical connections with a sign shall be inspected
and approved by an electrical inspection agency listed in the Town
of Colonie Electrical Code.
(3)
Transformers, wires and similar items shall be concealed.
(4)
All wiring to freestanding signs shall be underground.
(5)
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.
I.
Illumination. All signs permitted within this article
shall comply with the following requirements:
(1)
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 passing motorists
or constitute a hazard to traffic.
(2)
Signs may contain or include such public service information as time,
date, temperature, weather or similar information. Each public service
message shall be allowed to remain for not less than two seconds.
Digital signs, as defined by this chapter, may not display more than
one message every 15 seconds. Also, digital signs shall be made available
to Town, county and state emergency services in case of emergency
or for such matters as Amber Alerts.
[Amended 11-20-2014 by L.L. No. 16-2014]
J.
Sign permit application and approval.
(1)
Sign permit required. Except as otherwise provided
herein, it shall be unlawful for any person to erect, construct, enlarge,
move or convert any sign in the Town, or cause the same to be done,
without first obtaining a sign permit for each such sign. These directives
shall not be construed to require any permit for a change of copy
of any sign, provided that the person, place, establishment, business
or service identified remains the same, nor for the repainting, cleaning
and the normal maintenance or repair of a sign or sign structure for
which a permit has previously been issued under this article, so long
as the sign or sign structure is not modified in any way.
(2)
Application. Application for a sign permit for a proposed
sign shall be made to the Building Department, on forms prescribed
therefor, by the owner, lessee, occupant or agent for whom the sign
is intended. The application shall include the following:
(a)
Sign plans. Two sets of plans of the sign, drawn
to scale on sheets of a minimum of 8 1/2 inches by 11 inches.
Sign plans shall include:
[1]
Dimensions.
[2]
Proposed design and colors and materials.
[3]
Details of any illumination source.
[4]
Wiring and other electrical details and structural
details, including fastening and joining methods and materials.
[5]
Written calculations showing how the sign size
determination was made.
[6]
A statement that the proposed sign as shown
on the plan is structurally sound and will withstand wind loads as
prescribed by the New York State Uniform Fire Prevention and Building
Code. Plans shall bear the signature of the owner, applicant or the
person responsible for design of the sign.
(b)
Plot plans. Two plot plans of the parcel on
which the sign is to be placed shall also be submitted, delineating
property lines, street lines, building locations and dimensions, parking
areas, location and dimensions of all other signs on the parcel, exact
location of the proposed sign, including dimensions of setbacks from
property lines, and any obstructions in relation to the designated
location of the proposed sign. Where a parcel has more than one frontage,
the primary frontage shall be designated on the plan.
(c)
Fee. At the time of filing the application,
the applicant shall pay the required fee in accordance with the fee
schedule then in effect.
(3)
Referral to the PEDD. The proposed freestanding sign
application, when complete, shall be submitted by the Building Department
to the PEDD for its review.
(4)
PEDD determination. The PEDD will issue its determination
to the Building Department.
(5)
Permit issuance. After receipt by the Building Department,
a sign permit shall be issued, provided that the proposed sign meets
all requirements of this article.
(6)
Expiration of permit. If a sign authorized by a permit
is not completed and in place within six months from the date the
permit was issued, said permit shall become null and void, except
that the Building Department may grant one extension for a period
not to exceed six months.
(7)
Deviation from plans. Design, size, construction and
placement of a sign shall not deviate from the plans approved for
issuance of the permit.
(8)
Certification. After the issuance of any permit for
a sign under this article and within 10 days after the installation
of such sign, the applicant shall submit a photograph of the sign
as completely installed, which shall be filed with the original application,
along with written certification from the owner, applicant or designer
whose name appears on the approved plans, that the sign has been constructed
according to the approved plans. Further, for all electrified signs,
the applicant shall also submit, within 10 days after the installation
of such sign, a certificate of approval of all electrical work undertaken
to make electrical connections to the Underwriters' Laboratories-approved
components of the sign by an electrical inspection agency listed in
the Town of Colonie Code.
(9)
Permit sticker. All signs authorized under this article
shall bear the assigned permit sticker, which is to be provided by
the Building Department, prominently and permanently affixed by the
applicant in an area readily visible to a sign inspector. Failure
to so affix the permit sticker shall constitute cause for revocation
of the permit by the Building Department in addition to any other
penalties or remedies prescribed herein.
K.
Appeals. The intent of this section is to allow certain
provisions of this article to be modified where such modification
will encourage excellence in the planning and design of signs.
(1)
Application. Any person who is aggrieved by a decision
of the Building Department may make an appeal for a special exception
to, or interpretation of, the sign law on forms provided and prescribed
by the Sign Review Board.
(2)
Guidelines. The following guidelines shall be considered
by the Sign Review Board in determining whether a special exception
shall be issued. The proposed sign should:
(3)
Additional criteria. The Sign Review Board may develop
additional criteria for issuance of special exceptions for adoption
by the Town Board by local law amending this article.
(4)
Public hearing. The Sign Review Board shall hold a
public hearing on any request for a special exception or an interpretation
of any order or determination of the Building Department involving
the interpretation of the provisions of this article, upon notice
of not less than five days published in the official newspaper of
the Town.
(5)
Decisions. Decisions of the Sign Review Board shall
be based on the guidelines listed in this article. Decisions shall
require a vote of a majority of the full membership of the Board to
grant, deny or modify any applications for appeals before it, and
a minimum of three 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 either to approve, deny or to modify the application
or appeal, the application for appeal shall be denied. All decisions
shall be transmitted in writing, and copies shall be sent to the applicant
and the Building Department.
A.
Permits. No billboard shall be erected or maintained
without the proper permit.
B.
General regulations.
(1)
Illumination. A billboard may be illuminated, provided
that all light sources shall be designed, shielded, arranged and installed
to confine or direct all illumination to the surface of the billboard
and away from adjoining properties. Light sources shall not be visible
from any street or any adjoining properties. Billboards may contain
or include such public service information as time, date, temperature,
weather or similar information. This regulation shall not prohibit
digital billboards, as defined in this chapter.[1] However, digital billboards may not display more than
one message every eight seconds. Also, digital billboards shall be
made available to Town, county and state emergency services in case
of emergency or for such matters as Amber Alerts.
[Amended 12-20-2007 by L.L. No. 20-2007]
(2)
Attachment to building prohibited. No billboard shall
be erected on or attached to any building.
(3)
Moving, fluttering or revolving devices prohibited.
No billboard or part thereof shall contain or consist of banners,
posters, pennants, ribbons, streamers, spinners or other similar moving,
fluttering or revolving devices.
(4)
Size. No billboard shall exceed 400 square feet where
the speed limit on an adjacent highway is 45 miles per hour or less.
Billboards up to 700 square feet shall be permissible where an adjacent
highway has a speed limit of 46 miles per hour or more.
(5)
Height. No billboard shall be in excess of 30 feet
in height above the average existing grade level at the billboard.
(6)
Permit number. Every billboard shall bear the permit
number and name of the permit holder and/or owner of the land upon
which the billboard is erected, prominently and permanently affixed
on the face thereof. A proper space shall be reserved in the lower
left-hand corner of the permit plaque where the annual permit inspection
tag shall be affixed. This annual permit tag shall be issued by the
Director of the Building Department or his designee. This annual permit
tag shall be affixed to the billboard by the owner and/or applicant.
(7)
Maintenance required. A billboard and its structure
shall be maintained, including the change of the advertising message,
the repairing and replacing of components parts and the performance
of other acts as incident to the upkeep of the billboard.
(8)
No billboards shall display advertising matter of
an indecent or obscene nature.
(9)
No billboard shall confuse, mislead or resemble any
government billboard.
C.
Location.
(1)
Billboards shall be permitted in the Industrial District
only. Side line setbacks shall not be less than 25 feet, front line
setbacks shall not be less than 50 feet, and rear line setbacks shall
not be less than 25 feet. Setbacks shall be from property lines.
(2)
Billboards shall be separated from each other by a
distance of at least 300 feet, except that two such billboards may
be arranged on an angle or back to back.
(3)
Billboards shall not be permitted within 200 feet
of any public park, playground, cemetery or residential zone.
(4)
No billboard shall be erected within 25 feet of any
building.
(5)
No billboard shall be constructed, erected or altered
within 660 feet of the edge of the right-of-way of any primary arterial
roadway. Normal maintenance of the structure and modification of copy
shall be exempted from the aforementioned prohibitions.
D.
Construction specifications.
(1)
Billboards shall be constructed in accordance with
the New York State Uniform Fire Prevention and Building Code.
(2)
Each application for the erection of a billboard shall
be accompanied with a detailed set of structural plans bearing the
seal of a licensed engineer or architect registered to practice in
the State of New York.
(3)
All electrical work shall be in accordance with Underwriters'
Laboratories, Inc. (UL) standards.
E.
Billboard permit required; restoration; revocation
of permit; removal of certain billboards.
(1)
Billboard permit required. After the effective date
of this article and except as otherwise herein provided, no person
shall erect or maintain any billboards as defined herein without first
obtaining a billboard permit from the Building Department. The process
for obtaining a permit is as follows:
(a)
Application for zoning verification. Application
for a billboard zoning verification must first be made to the Building
Department, in writing, in duplicate, upon forms prescribed and provided
by the Director of the Building Department. The Building Department
will issue its verification to the Planning and Economic Development
Department (PEDD) and the applicant.
(b)
Application for site plan review. No permit
shall be issued for any new billboard unless the applicant has obtained
site plan approval from the Town Planning Board, pursuant to the major
site plan review regulations of this chapter.
(c)
Application for billboard permit. Application
for the permit must be made in writing upon forms prescribed and provided
by the Building Department, and shall include the following:
[1]
A detailed drawing showing a description of
the construction details of the billboard position of lighting or
other extraneous devices; a location plan showing the position of
the billboard on the site and its position in relation to nearby buildings
or structures and to any private or public street or highway and its
height.
[2]
Written consent of the owner of the land on
which the billboard is to be erected in the event that the applicant
is not the owner thereof.
[3]
An electrical permit, from an electrical inspection
agency listed in the Town of Colonie Electrical Code, issued for said
billboard.
[4]
The current fee established for the same by
resolution of the Town Board. This fee and approval constitutes the
first-year annual fee and renewal permit.
[5]
Other such information as required by the Building
Department.
(d)
Issuance of permit. It shall be the duty of
the Director of the Building Department to issue a permit for the
erection of a proposed billboard, provided that:
(e)
Issuance of annual renewal permit. Each billboard
permit shall be renewed with the Director of the Building Department
in accordance with the following regulations:
[1]
Application for an annual permit shall be made
within 14 calendar days after the first day of January.
[2]
The applicant shall submit any changes in ownership
of the billboard or property and an affidavit stating that the same
has been changed on the billboard itself.
[3]
Fees. The fee for an annual permit shall be
in accordance with the fee schedule adopted by the Town Board.
(2)
Replacement or restoration of an existing billboard.
Nothing in this article shall prevent the replacement or restoration
of an existing billboard or its supporting structure which has been
destroyed or which has been deemed by the applicant to be in need
of replacement. Such replacement or restoration shall be permitted,
provided that the billboard face following the replacement or restoration
is to the identical specifications, size, location and appearance
as existed prior to said replacement or restoration. As a pilot program,
a digital billboard may be used to replace a standard billboard if
the above requirements are met as to size and location, and such billboard
is located at either number 50 Fuller Road or number 1160 Loudon Road.
[Amended 12-20-2007 by L.L. No. 20-2007]
(3)
Revocation of permits. The Director of the Building
Department shall revoke such billboard permit 14 days after written
notice has been given to the owner on record of said billboard for
any one of the following conditions, provided that said condition
has not been corrected within the fourteen-day period:
(a)
Failure to obtain the annual permit within the
first 14 calendar days of the new year.
(b)
Failure to submit proper information in regard
to changes in ownership of billboards.
(c)
Failure to complete construction within 180
days of date of issuance of the development permit.
(d)
Failure to affix the permit number and necessary
names.
(e)
Failure to obtain permission from the Director
of the Building Department to structurally alter the billboard.
(f)
Failure to maintain any billboard in accordance
with the judgment of the Director of the Building Department of the
Town of Colonie. This would include, but not be limited to, the following:
(4)
Removal of certain billboards.
(a)
Any existing billboard not licensed or for which
the permit has been revoked under the provisions of this article must
be removed within 14 days after written notification to the billboard
owner and/or landowner. In the event that said billboard is not removed
within the specified time limit, the Town of Colonie may remove said
billboard and assess all costs and expenses incurred in said removal
against the billboard owner and/or the owner of the land on which
said billboard is located.
(b)
To remove a licensed billboard one must first
obtain a demolition permit for such removal from the Town of Colonie
Building Department.
(c)
The Director of the Building Department may
cause any billboard which is a source of immediate peril to persons
or property to be removed summarily and without notice.
F.
Nonconforming billboards.
(1)
Any billboard in existence at the effective date of
this article that does not comply with this article shall be deemed
nonconforming and shall be allowed to remain as such, provided that
a billboard and annual renewal permit is filed for in accordance with
this article.
(2)
No nonconforming billboard shall be reconstructed
or structurally altered except as provided for in this article.
(3)
Once a nonconforming billboard has been removed, an
applicant has a period of up to six months to apply for a restoration
permit and reestablish the billboard, provided that the billboard
is to the identical specifications, size, location and appearance
as existed prior. If such a permit is not applied for six months after
the billboard was removed, then abandonment or relinquishment of such
nonconforming billboard shall be presumed, and such nonconforming
billboard shall be deemed abandoned and shall not thereafter be reestablished.
G.
Review and appeal. Any person aggrieved by any decision
of the Director of the Building Department relative to the provisions
of this article may appeal such decision to the Zoning Board of Appeals
and shall comply with all procedural requirements prescribed by such
Zoning Board of Appeals.
A.
The provisions of this article shall be primarily
administered and enforced by the Building Department, which shall
have the power to make necessary inspections.
B.
No sign permit or billboard permit shall be approved
by the Building Department except in compliance with the provisions
of this article or as directed by the Sign Review Board or Zoning
Board of Appeals, as applicable.
C.
Appearance tickets. The Building Department Manager and each inspector
are authorized to issue appearance tickets for any violation of this
chapter, or any notice or order issued by the Building Department
Manager under this chapter. Any person who shall fail to comply with
a written notice or order of the Building Department Manager within
the time fixed for compliance therewith and any person who shall knowingly
violate any of the applicable provisions of this chapter shall be
punishable by a fine of not more than $250, in addition to any other
penalties provided by law. Each day that a violation continues shall
be deemed a separate offense.
[Added 11-20-2014 by L.L. No. 16-2014]
