Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Menands, NY
Albany County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
BUILDING INSPECTOR
The Village Building Inspector.
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.
DIGITAL SIGN
See "electronic message signs."
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
Any sign not affixed to a building.
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.
INTERIOR PROPERTY LINE
Property lines other than those fronting on a street, road or highway.
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
Wording or copy on a sign.
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 COMPLEX IDENTIFICATION SIGN
Complex identification sign located on a parcel's primary frontage.
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.
VILLAGE
The Village of Menands.
VILLAGE BOARD
The Board of Trustees of the Village of Menands.
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.
A. 
Any sign not permitted in or by this article, as well as any sign specifically designated in this section, is prohibited.
B. 
Signs specifically prohibited are as follows:
(1) 
Roof signs.
(2) 
Rotating signs.
(3) 
Animated signs, except public service information not combined with commercial messages.
(4) 
Portable signs.
(5) 
Banners and pennants, except as a part of a grand opening when affixed exclusively to the face of a building (30 days maximum).
(6) 
Signs that contain or consist of ribbons, balloons, streamers, spinners or similar moving, fluttering or revolving devices.
(7) 
Any sign or part thereof on a vehicle parked on a public right-of-way, on public property or 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.
(8) 
Any sign other than an exempt sign placed on any curb, sidewalk, hydrant, utility pole, rock, building or tree.
(9) 
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.
(10) 
Feather signs, except as a part of a grand opening (30 days maximum).
See attached table.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
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.
F. 
Historical site markers.
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.
A. 
The sign shall not be placed so as to cause traffic hazards or obstruction of clear vision and shall be located fully on the property on which the business is being conducted, but shall not be affixed to utility poles.
B. 
No temporary sign shall be mounted or posted for more than 30 days except as stated herein.
C. 
The date of posting of the temporary sign shall be affixed to the sign.
D. 
Activities or events.
(1) 
Activity or event signs shall only be displayed on private property and shall be limited to one such sign per establishment for a period not exceeding four weeks.
(2) 
No individual business establishment may post an activity or event sign within 90 days of the elapse of the business establishment's previously allowable thirty-day time limit for an activity or event sign.
(3) 
Such signs shall not exceed 16 square feet in area.
(4) 
Such signs shall not exceed six feet in height unless affixed to a building.
E. 
Project signs.
(1) 
Each project shall be permitted a total of three signs; each sign shall not exceed 16 square feet in area;
(2) 
Removed upon completion of the project;
(3) 
Shall not exceed six feet in height unless affixed to a building;
(4) 
Shall be setback a minimum of 15 feet from all property lines unless affixed to a building;
(5) 
Shall not be illuminated.
F. 
Signs advertising a garage sale, yard sale, barn sale, tag sale, or similar temporary sale and special events.
(1) 
Said signs are allowed up to four square feet per face in area, located fully on the property on which such sale is being conducted, but shall not be affixed to utility poles.
(2) 
Shall not exceed one per parcel and may be displayed for a period of up to two days in advance of the sale and shall be removed within one day after the sale.
G. 
Sidewalk signs.
(1) 
Sidewalk signs are not permitted in residential districts.
(2) 
Sidewalk signs should complement the architecture of the establishment or building they represent.
(3) 
Sidewalk signs shall be a minimum of 30 inches tall and a maximum of 36 inches tall, with a maximum sign area of 24 inches wide by 36 inches high on each sign face.
(4) 
Sidewalk signs shall be located so as not to interfere with pedestrian safety or cause a safety hazard, may only be displayed during business hours, and must be kept in good condition, or they will be removed by the Code Enforcement Officer.
H. 
Real estate signs.
(1) 
Any property owner or his or her agent may display or have displayed on the real property, or on real property owned by another with that person's consent, a sign which advertises the property for sale, lease or exchange. Real estate signs are prohibited within the public right-of-way or on public property, except by permission of the agency which owns such property. Real estate signs shall be removed within 15 days after such property is no longer for sale, lease, or exchange.
(a) 
Commercial real estate. One temporary real estate sign not exceeding 12 square feet of sign surface area may be displayed while a parcel of real property is for sale, lease or exchange, for a period not to exceed 12 months. The message on the sign shall be limited to the name of the seller or agent, his or her telephone number and address, and whether the property is for sale, lease or exchange. If the property continues to be for sale, lease or exchange after a period of 12 months, a permit shall be required for a permanent sign which accommodates the above information.
(b) 
Residential real estate.
(2) 
Single parcels and existing buildings. One temporary wall, freestanding or window sign not exceeding four square feet of area indicating a parcel of real property for sale or lease may be maintained during any period of time said real property is for sale, lease or exchange. The message of the sign shall be limited to the name of the seller or agent, his or her telephone number and address, and whether the property is for sale, lease or exchange.
(3) 
New construction projects. One sign not exceeding 24 square feet of sign surface area announcing the initial sale or lease of new housing units may be placed upon land which a housing project is under construction or for which the site plan has been approved.
A. 
The following signs are deemed illegal signs and in violation under this article:
(1) 
Abandoned signs existing as such for over 30 days.
[Amended 2-5-2018 by L.L. No. 2-2018]
(2) 
Any sign erected for which no building or sign permit was issued by the Village of Menands, unless it is a nonconforming sign or exempt sign pursuant to this article.
(3) 
Any sign not properly maintained, such as, but not limited to, signs that are structurally unsound or are hazardous or unsafe.
B. 
The Building Inspector 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 Building Inspector and/or his authorized representative shall be authorized to enter upon said property and remove therefrom any said illegal sign at cost to the owner, lessee or tenant. The removal of such sign and the cost of such removal shall constitute a lien and, upon certification by the Code Enforcement Officer to the Treasurer, shall be added to the next assessment roll and collected as a part the Village of Menands taxes. No liability shall attach to the Village or any officers, employees or agents of the Village, except for acts of affirmative negligence in connection with the removal of any such illegal or abandoned sign.
[Amended 2-5-2018 by L.L. No. 2-2018]
C. 
In cases of emergency, the Building Inspector may 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 Building Inspector may grant the permittee up to 30 additional days to correct it. If such defect has not been corrected by the expiration of 30 days or any additional period granted to correct it, the sign shall be illegal.
A. 
This article is intended to encourage the elimination of signs which do not comply.
B. 
A nonconforming sign may be continued if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign. It shall not be structurally altered so as to prolong the life of the sign. It shall not be reestablished after damage or destruction if the Building Inspector determines that the estimated cost of re-construction exceeds 50% of the estimated replacement cost. However, it may be replaced if intentionally damaged or destroyed by person(s) who are proven to be unconnected to the owner(s) of the sign.
A. 
Sign measurements and dimensions.
(1) 
The area of a sign shall be measured from the outer dimensions of the frame, trim, or molding by which the sign is enclosed, where such features exist, or from the outer edge of the signboard where none exist.
(2) 
When a sign consists of individual letters, symbols or characters, or where the overall shape of the sign is irregular, the area shall be computed as the area of the smallest rectangle which encloses all of the letters, symbols, characters or sign area. (See figure.)
138a Measurement.tif
(3) 
Only one side of double-faced signs shall be measured when determining the area.
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,[1] and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals.
[1]
Editor's Note: See Ch. 169, Zoning.
A. 
Any person or persons, associations or corporations committing an offense against this article or any section or provision thereof is guilty of a violation and shall, upon conviction therefore, be subject to a fine not exceeding $50 or imprisonment not exceeding 15 days, or both, for the first offense and shall be subject to a fine not exceeding $250 or imprisonment not exceeding 20 days, or both, for each subsequent offense.
B. 
In the event of a continuing offense against any section or provision of this article, each day that such offense shall continue shall be a subsequent violation and subject to a separate fine, imprisonment or combination thereof.
C. 
Notwithstanding a conviction for an offense against any provisions or sections, an association or corporation convicted shall be subject to revocation of any permit therein granted without reimbursement of fees paid therefor.
D. 
In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of an offense against this article, each such offense may be subject to a civil penalty not to exceed $50 for the first offense and not to exceed $250 for each subsequent offense, to be recovered in an action or proceeding in a court of competent jurisdiction. Each day an offense continues shall be considered a subsequent offense and subject to a separate civil penalty.
E. 
The Village may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this article, notwithstanding the provisions of this chapter, for a penalty or other punishment.
A. 
Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the Village 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.
B. 
Contents of application.
(1) 
Application for a sign permit shall be made, in writing, by the owner, lessee, occupant or agent for whom the sign is intended and shall be accompanied by two sets of plans of the sign, drawn to scale on sheets of a minimum of 12 by 18 inches. Sign plans shall include dimensions, proposed design, colors, materials, details of any illumination source, wiring and other electrical details and structural details, including fastening and joining methods and materials. Sign plans shall provide written calculations showing how the sign size determination was made. 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.
(2) 
Sign plans shall include 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.
(3) 
The application shall be made to the Building Inspector on forms prescribed and provided by said Inspector. At the time of filing the application, the applicant shall pay the required fee in accordance with the fee schedule then in effect. This fee is nonrefundable.
C. 
Within 10 business days after receipt by the Building Inspector, a sign permit shall be issued, provided that the proposed sign meets all requirements of this article.
D. 
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 Inspector may grant one extension for a period not to exceed six months.
E. 
Design, size, construction and placement of a sign shall not deviate from the plans approved for issuance of the permit.
F. 
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 New York Board of Fire Underwriters' certificate of approval of all electrical work undertaken to make electrical connections to the Underwriters' Laboratories, Inc. approved components of the sign.