As used in this article, the following terms shall have the
meanings indicated:
Any outdoor advertising board, junior board advertising medium,
structure or device which advertises, directs or calls attention to
any business, article, substance, service or anything which is painted,
printed, pasted or affixed to any building, structure, wall, fence,
pole, railing, natural object or structure of any kind on real property
or upon the ground itself and which advertises services, products
or commodities not available on the premises on which such billboard
is located. For the purpose of this article, the term "billboard"
does not include billboards erected and maintained pursuant to and
in discharge of any governmental function or required by any law,
ordinance or governmental regulation.
The Village Building Inspector.
Those configurations of multiple billboard structures which
are physically contiguous and which share a common structure, in whole
or in part, and are located not more than 15 feet apart at their nearest
point in the case of a back-to-back or V-type sign. Each face shall
be considered a separate billboard.
To construct, build, raise, assemble, place, affix, attach,
create, paint or in any other way bring into being or establish.
The outer surface of a billboard which is visible from any
private or public street or highway.
Any billboard illuminated by electricity, gas or other artificial
light.
Any light, string of lights or group of lights located or
arranged so as to illuminate a billboard.
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
The Village of Menands.
The Board of Trustees of the Village of Menands.
A.
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. Billboards may contain or include such public service
information as time, date, temperature, weather or similar information.
B.
No billboard shall be erected on or attached to any building.
C.
No billboard or part thereof shall contain or consist of banners,
posters, pennants, ribbons, streamers, spinners or other similar moving,
fluttering or revolving devices.
D.
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.
E.
No billboard shall be in excess of 30 feet in height above the average
existing grade level at the billboard.
F.
A billboard and its structures shall be maintained, including the
change of the advertising message, the repairing and replacing of
component parts and the performance of other acts, as incident to
the upkeep of the billboard.
G.
No billboards shall display advertising matter of an indecent or
obscene nature.
H.
No billboard shall confuse, mislead or resemble any government sign
or billboard.
A.
Billboards shall be permitted in Heavy Industrial (HI) Zones 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.
B.
Billboards shall be separated from each other by a distance of at
least 700 feet, except that two such billboards may be arranged on
an angle or back-to-back.
C.
Billboards shall not be permitted within 300 feet of any public park,
playground, cemetery or residential zone, including a Business Residential
(BR) Zone.
D.
No billboards shall be erected within 25 feet of any building.
A.
Billboards shall be constructed to withstand a wind load of 30 pounds
per square foot.
B.
Each application for the erection of a billboard shall be accompanied
by a detailed set of structural plans bearing the seal of a licensed
engineer or architect registered to practice in the State of New York.
C.
All electrical work shall be in accordance with the Underwriters'
Laboratories, Inc. (UL) standards.
A.
After the effective date of this article and except as otherwise
herein provided, no person shall erect, reconstruct or structurally
alter any billboard as defined herein without first obtaining a building
permit from the Building Inspector.
B.
Nothing in this article shall prevent the restoration of a billboard
destroyed by a natural act of God, such as wind, etc., provided that
said structure is replaced within six months and only after written
notification of restoration is made to the Building Inspector.
A.
Application for the building permit must be made in writing, in duplicate,
upon forms prescribed and provided by the Building Inspector and shall
contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the property owner.
(3)
A detailed drawing showing a description of the construction details
of the billboard position or lighting or other extraneous devices
and 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.
(4)
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.
B.
A copy of the electrical permit from the New York Board of Fire Underwriters
issued for said billboard shall be filed with the Building Inspector.
C.
Prior to the issuance of a building permit to erect, reconstruct
or structurally alter a billboard, the applicant shall pay the current
fee established for the same by resolution of the Village Board.
It shall be the duty of the Building Inspector upon the filing
of an application for a permit to erect, reconstruct or structurally
alter a billboard to examine such plans, specifications and other
data submitted for the proposed billboard. It shall be the duty of
said Inspector to issue a permit for the erection, reconstruction
or structural alteration of a proposed billboard, provided that the
proposed billboard is in compliance with all the requirements of this
article as well as all other laws and ordinances of the Village of
Menands.
A.
The Building Inspector shall revoke a billboard permit and/or order
a billboard removed 14 days after written notice has been given to
the owner of record of said billboard for any one of the following
conditions, provided that said condition has not been corrected within
the fourteen-day period:
(1)
Failure to complete construction within 180 days of the date of issuance
of the building permit.
(2)
Structural alteration of a billboard without permission therefor
from the Building Inspector.
(3)
Failure to maintain any billboard properly in accordance with the
judgment of the Building Inspector. This would include but not be
limited to the following:
B.
Any existing billboard which has been ordered removed pursuant to Subsection A of this section 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 Village 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.
C.
The Building Inspector may cause any billboard which is a source
of immediate peril to persons or property to be removed summarily
and without notice.
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. No nonconforming billboard shall be reconstructed or structurally altered except as provided in § 138-21 of this article.
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.
Failure to comply with any of the provisions of this article
shall be deemed a violation, and the violator shall be liable to a
fine of not more than $50, and each day that such violation continues
shall constitute a separate violation.
