Ballston Spa City Zoning Code
ARTICLE V
Sign Regulations
§ 205-12 General considerations.
All signs shall be erected and constructed in a fashion so as not to obstruct traffic, cause visual blight or detract from the value of property adjacent to that property upon which said sign is erected. All signs shall be compatible within the context of its visual and physical environment. In making such determination, consideration shall be given but need not be limited to the following elements:
§ 205-13 General sign regulations.
A.
Permits required and details to be specified. No person shall construct or place any sign or other structure upon or over, or which shall hang upon or project over, any street or sidewalk in the Village of Ballston Spa without a permit. Application shall be made, in writing, to the Building Inspector and shall include a scaled drawing showing all details of the size of sign, location and manner of attachment to the building or elsewhere on the premises. Said drawing shall first be reviewed by the Building Inspector to determine if the proposed sign is in accord with the sign design criteria adopted by the Village Board of Trustees, as may be amended from time to time. With respect to advertising flags, there shall be no advertising of products or merchandise, and said flags shall be used for the purpose of indicating to the general public a business location and availability to serve the public. Said criteria may be obtained at the Village Hall for review. In the event that the applicant and the Building Inspector cannot agree on the sign design, said application shall be denied and forwarded to the Village of Ballston Spa Planning Board, which is hereby charged with the responsibility of administering and carrying out the interests of this article.
[Amended 5-28-2002 by L.L. No. 2-2002]
B.
Unsafe and unlawful signs. If the Building Inspector shall find that any sign or other advertising structure regulated herein is unsafe or insecure or is a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this section, he/she shall give written notice to the permittee thereof in accordance with Article XII of this chapter. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within 10 days after such notice, the Building Inspector is hereby authorized to exercise any and all remedies provided for in this chapter for a violation hereof.
C.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign may be found within 30 days after written notification from the Building Inspector, and, upon failure to comply with such notice, the Building Inspector is hereby authorized to exercise any and all remedies provided for in this chapter for a violation hereof.
D.
Nonconforming signs. A sign in existence on the date of enactment of this chapter which does not conform to the requirements of this Article may continue to be used. Such nonconforming sign shall not survive a change in title, change in use or sign replacement. If such sign is altered in any way, it shall be made to conform to this article.
F.
Advertising signs that are oversize and of the type referred to as "billboards" are not allowed in any district.
G.
Advertising signs are only permitted for the purpose of directing persons to a Village hotel in a C District or CBD District and shall be limited in size to 16 square feet in area.
§ 205-14 Specific types of signs.
A.
Exempt signs. The following types of signs may be erected and maintained without permits or fees, provided that such signs comply with the general requirements of this chapter and other conditions specifically imposed by the regulations:
(1)
Construction signs. One sign, not exceeding 10 square feet in all zoning districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress. The location shall be decided by the Building Inspector.
(2)
Signs advertising an event or activity specifically authorized by the Village Board of Trustees.
(3)
Holiday decorations. Holiday decorations, including lighting, are exempt from the provisions of this chapter and may be displayed in any district without a permit.
(4)
Historical signs. Markers, tablets, statues, memorial signs and plaques, names of buildings and dates of erection when cut into masonry surface or when constructed of bronze, stainless steel or similar material, and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet in area.
(5)
On-premises directional signs for the convenience of the general public identifying public parking areas, fire zones, entrances and exits and similar signs not exceeding four square feet per face and four feet in height. Business names shall not be allowed.
(6)
Temporary-type signs. Temporary-type signs shall not be illuminated and shall be limited to a maximum size of 16 square feet in area and four feet in height. Such signs may not be erected for periods of longer than 30 days. Signs erected longer than 30 days shall be considered in violation of this chapter and shall be subject to enforcement action as specified in Article XII. The names and legal address of persons responsible for the erection of the temporary sign must be clearly indicated on the sign or sign support.
(7)
Gasoline station signs. Gasoline station signs attached to gasoline pumps and displaying the price of fuel shall not exceed two square feet in area.
(8)
Nonilluminated window signs and posters not exceeding 33% of the window surface area.
(9)
Sandwich board signs. Sandwich board signs shall be two feet wide by three feet tall and may be placed upon the sidewalk only in front of the business for which it advertises and (in other locations) with the consent of the property owner where the sign is to be placed. Said signs shall only be placed so as to not interfere or obstruct pedestrian traffic or create other hazards. Sandwich board signs shall be removed daily at the close of business unless there is a specific event, and only in such case the sign may be located seven days prior to the event and shall be removed immediately upon the conclusion of the event. The term "specific event" shall mean an occasion which occurs no more than once a month and lasts not more than two days. For the purposes of this section, not-for-profit, charitable, religious and municipal organizations may continue to use a nonconforming-sized sign that is already in existence as of the date of the adoption of this subsection.
[Added 5-28-2002 by L.L. No. 2-2002]
(10)
Advertising flags. Advertising flags shall not exceed three feet by five feet. The installation or display of any flag shall not be less than nine feet off the ground at the advertisement's lowest point and shall be securely and safely fastened to the building. No advertising flag shall advertise a specific product or merchandise, and said advertising flag shall be used for the purpose of indicating to the general public a business location and availability to serve the public. These requirements shall not apply to the American Flag. Not-for-profit, charitable, religious or municipal organizations may continue to use any advertising flag or banner in existence as of the date of the adoption of this subsection. Advertising flags which become weather worn, tattered, torn or display other signs of deterioration, as determined by the Building Inspector, must be removed.
[Added 5-28-2002 by L.L. No. 2-2002]
B.
Window signs. Any window sign must be affixed to, placed behind or painted on the interior of the glass of a window. The total sign area may not exceed 33% of the total glass area of the window.
§ 205-15 Prohibited signs.
A.
No signs shall be placed near an intersection that for any reason will cause a traffic hazard, interfere with, mislead or confuse traffic.
B.
Digital time and temperature signs are prohibited.
C.
No sign or part thereof shall contain or consist of flashing, intermittent, rotating or moving lights.
E.
Roof signs shall not be permitted in any district.
F.
No sign or part thereof may rotate or move back and forth.
G.
No sign of any type shall project into the public right-of-way.
H.
No sign shall have a source of illumination directed toward a public street or adjacent property.
I.
No more than one sign per business unit is allowed in a CBD District.
J.
No more than two signs per business unit are allowed in a C or M District.
§ 205-16 Professional or business signs other than in the CBD and C Districts.
Professional or personal business signs indicating the name, address and/or occupation is permitted, provided that such sign is attached to the building or, with its supports, is at least 10 feet inside the property line. Maximum size shall be limited to eight square feet in area. Illumination must not be flashing or intermittent, and constant lighting must not produce an undesirable glare into the street or onto any adjacent property. All other pertinent general sign regulations apply.
§ 205-17 Signs permitted in the CBD and C Districts.
A.
Business signs must pertain only to a permitted use, service or product sold on the premises on which they are located.
B.
Signs attached to a building shall not project more than four feet beyond the building line and must have a minimum height clearance of nine feet.
C.
Signs either hanging or flush shall not be located higher than the lintel line of the first-floor business.
D.
No vertical sign shall be higher than the lintel line of the story to which it pertains.
E.
Sings shall not exceed the height of the building.
F.
Signs shall be limited to a maximum of 16 square feet in area. Any oversize sign will require a variance. Any illumination of any sign must be approved by the Building Inspector.