Ballston Town City Zoning Code
ARTICLE XVI
Signs
§ 138-68 Exempt signs.
A.
All signs and billboards that are in compliance with the effective law in existence at the time of the enactment of this chapter shall be exempt from the restrictions of this chapter. However, any alteration or reconstruction of such existing signs, other than minor repairs or refurbishment of existing display, shall comply with the provisions of this chapter.
B.
All official, municipal, traffic, school, public utility signs or other signs required by law or incidental to a legal proceeding shall be exempt.
§ 138-69 Sign permit required.
A permit shall be required prior to the erection, alteration or reconstruction of any sign and all requirements of this subsection shall be met unless otherwise exempted by this chapter. Alteration and reconstruction shall be considered any activity that changes the size or location of the sign. Signs that are part of any proposal requiring site plan approval and/or a special use permit shall be reviewed and approved of as part of such applications.
§ 138-70 Sign permit not required.
A.
Directional signs.
(1)
Permits are not required for the erection and maintenance of directional signs for the guidance of the public. Such signs shall not exceed two square feet in area, and the extreme top shall not exceed four feet in height above the ground. Such signs shall contain only the name of the establishment having goods and services for sale, the name of such goods and/or services and directional guidance.
(2)
Directional signs must be placed within two highway miles of the establishment.
(3)
Directional signs may not exceed four in number per establishment.
B.
Entrance and exit signs.
(1)
Signs bearing only the words "enter," "entrance" or "exit" or other similar words for the control of traffic shall not require a permit.
(2)
Such signs shall not exceed three square feet in area, and the extreme top of the sign shall not exceed four feet in height above the ground.
C.
Emergency signs. All temporary emergency signs (e.g., caution, road closed, construction) shall not require a permit.
D.
Temporary signs.
(1)
Temporary signs shall not require a permit but shall meet the requirements listed in Subsection D(2), (3) or (4) of this section and all other applicable requirements listed in this chapter.
(2)
Real estate signs. Unlit signs advertising sale, lease or construction of or on the premises shall be allowed without a permit and shall not exceed 12 square feet in area. One such sign is permitted per street frontage of the premises. Such signs must be located upon the immediate premises.
(3)
Political and campaign signs.
(a)
Said signs may be erected not earlier than 45 days prior to said election and shall be removed within 15 days following said election.
(b)
In any zone, only one stationary sign per candidate is permitted on any one parcel of land and shall not exceed six feet in height. The total number of signs on any one parcel shall not exceed a total area of 32 square feet.
(4)
Other temporary signs (i.e., those advertising a specific event with a predetermined beginning and ending date, such as garage sales, special business sales or community organization functions). Such temporary signs shall not be erected more than 14 days prior to the beginning of the event and they shall be removed within seven days following the termination of the event.
(5)
If these restrictions are not obeyed, the Building Inspector may have such temporary signs removed at the property owner's expense.
§ 138-71 Requirements for all signs.
A.
Lighting and motion.
(1)
Signs shall be nonflashing. Illumination shall not cause glare which adversely affects neighboring properties and traffic.
(2)
Signs shall be nonanimated and nonrevolving.
(3)
LED-style lights shall be used whenever a sign is designed to be illuminated.
B.
Ground clearance.
(1)
Freestanding signs larger than eight square feet in area must stand at least three feet above the ground over their entire length.
(2)
Signs, freestanding, mounted or temporary, may not exceed 25 feet in height from the extreme top of the sign to the ground.
C.
Setbacks. All signs, excluding temporary directional signs, shall comply with minimum setback requirement of 35 feet, measured from the centerline of the roadway on which subject property fronts to that portion of the sign nearest the roadway centerline. In addition, no sign shall be located, by measurement to the nearest portion of the sign, within 15 feet of the edge of the roadway pavement.
D.
Physical composition. Signs shall be constructed of durable materials and shall be maintained in good condition. It shall be the duty of the owner and occupant of lands or buildings having signs thereon to maintain them free of faulty wires, loose fastenings and any other conditions that, in the opinion of the Building Inspector, would render such signs unsafe and hazardous to members of the public. The Building Inspector may cause dilapidated signs to be removed 60 days after written notification of the sign owner. The Building Inspector's decision may be appealed to the Zoning Board of Appeals during the above-described 60 days.
E.
Location.
(1)
Signs shall not obstruct vision at intersections, driveways or entrances and exits to establishments.
(2)
Signs shall not project beyond property lines or over public roads or sidewalks.
(3)
Signs shall not be attached to public utility poles.
(4)
No sign shall be placed on the roof of any building.
F.
Use. All signs, excluding directional and temporary, shall be accessory to the principal use where they are erected.
G.
Message composition. Sign design and message shall be in keeping with the intent of this chapter to promote the health, safety, morals and general welfare of the Town and its residents.
§ 138-72.1 Billboard Overlay District.
An overlay zone is hereby established to allow for billboard signs. Such overlay district shall be only within a portion of the Business District located along Route 50, from Brookline Road to Mourningkill Drive.
A.
A billboard may be externally illuminated, provided that all light sources shall be LED style, 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.
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 700 square feet total for both faces.
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 structure 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 billboard.
I.
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.
J.
Only two billboard faces shall be permitted on any one structure or support.
K.
All sign applications shall be allowable only by special use permit within the overlay zone. Application shall be made to the Planning Board for site plan review.
L.
No billboard shall be erected within 25 feet of any building.
M.
No billboards shall have internal light-emitting diodes (LEDs).
§ 138-72.2 Construction specifications.
All electrical work shall be in accordance with Underwriter's Laboratories, Inc. (UL) standards.
§ 138-72.3 Building permit required for billboards; restoration.
A.
After the effective date of this article and except as otherwise herein provided, no person shall erect any billboards as defined herein without first obtaining a building permit from the Building Department.
B.
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.
§ 138-72.4 Revocation of billboard permits.
The Superintendent 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 of the following conditions, provided that said condition has not been corrected within the fourteen-day period:
A.
Failure to obtain permission from the Superintendent of the Building Department to structurally alter the billboard.
B.
Failure to maintain any billboard in accordance with the judgment of the Superintendent of the Building Department. This would include, but not be limited to, the following:
(1)
That the structure be free from all hazards, such as faulty wiring, loose fastening or supports, etc.
(2)
That the structure remain safe, secure and in no way a menace to the public.
(3)
That the structure be maintained in a clean, neat condition.
§ 138-72.5 Removal of certain billboards.
A.
Any existing billboard not licensed or for which the permit has been revoked under § 138-72.4 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 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.
The Superintendent 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.
§ 138-72.6 Nonconforming billboards.
A.
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.
B.
No nonconforming billboard shall be reconstructed or structurally altered except as provided for in §§ 138-72.3 and 138-72.6C of this article.
C.
Once a nonconforming billboard has been removed it cannot be replaced unless it is located in the overlay zone.
§ 138-81 Interior signs.
Signs contained wholly on the interior of a building and intended for exterior viewing shall not require a permit. Such signs shall be exempt from all other provisions of this chapter.
§ 138-82 Specific sign regulations by district.
Signs shall be allowed as an accessory structure as follows:
A.
Rural District.
(1)
One customary professional and major home occupation sign not exceeding two square feet in area shall be permitted.
(2)
One real estate sign not larger than 12 square feet in area is permitted when placed on the properties for sale, rent or lease.
(3)
One sign for identifying each use permitted in this district by Article VII of this chapter, not larger than 20 square feet in area, is permitted.
B.
Light Industrial District. Signs permissible include those permissible for rural districts, plus those advertising a business or activity being conducted on the premises. A maximum of two signs, one of which may be freestanding, shall be permitted. No sign shall exceed 40 square feet in area and all signs shall be located on the premises.
C.
Ballston Lake Residential District. All signs allowed in a rural district shall be permitted, provided that the property use is permissible in a residential district in accordance with the currently effective law.
D.
Business District and Rural Highway Transition District.
(1)
Permitted signs:
(a)
Wall signs.
(b)
Freestanding signs.
(c)
Window signs.
(d)
Permanent changeable message signs.
(e)
Temporary portable roadside changeable message sign (two-weeks maximum).
(f)
Special sales signs.
(g)
Signs on awning or canopy [see § 138-31D(18)].
(2)
Two principal site business identification signs (i.e., one freestanding sign with a maximum of two display faces, and one wall sign) may be displayed on the same lot as the business with which they are associated.
(3)
The total area of all signage (except special sales signs) associated with any one business or on any one site shall not exceed an area equal to 0.65 square foot per linear foot of building frontage or 400 square feet, whichever is less.
(4)
Two permanent freestanding signs are allowed if the parcel has two curb cuts on separate streets and they are separated by a minimum of 100 feet on each street.
(5)
Size, freestanding.
(a)
Height shall be a maximum of 12 feet.
(b)
Total area of a freestanding sign (counting one sign face) shall be 32 square feet.
(6)
Size, wall sign.
(a)
The total sign display area of the wall sign shall not exceed an area equal to one square foot of sign area for each linear foot of building frontage, or 300 square feet, whichever is the lesser. In no instance shall any one sign exceed 150 square feet.
(7)
Window signs.
(a)
A total number of four window signs are permitted.
(b)
Maximum sign display area for a window sign shall not exceed 30% of the contiguous window area for each window sign.
(c)
The aggregate total display area of all window signs does not exceed an area equal to 0.5 square foot per linear foot of building frontage.
(8)
Sign lighting. Signs may be internally or externally illuminated. Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limit, of the side property line. Red, green, and amber lights of such shape and hue that may be confused with official traffic lights and signals shall be prohibited. All light sources shall be shielded and mounted to avoid glare. Top-mounted lighting fixtures are preferred. No signs with a reflecting surface that can cause glare shall be allowed. No illuminated sign shall be placed or directed to cause beams of light to be cast on any public highway, sidewalk, or adjacent premises or to cause glare or reflection that will be a traffic hazard or nuisance. The Planning Board may require an illuminated sign to be turned off two hours after the close of business.
E.
Burnt Hill Commercial, Mixed-Use Ballston Lake, and Mixed Use Route 50/67 Districts.
(1)
Permitted signs:
(a)
Wall signs.
(b)
Freestanding signs.
(c)
Window signs.
(d)
Permanent changeable message signs.
(e)
Special sales signs.
(f)
Sign on awning or canopy [see § 138-17D(16)].
(2)
Two principal site business identification signs (i.e., one freestanding sign with a maximum of two display faces, and one wall sign) may be displayed on the same lot as the business with which they are associated.
(3)
The total area of all signage (except special sales signs) associated with any one business or on any one site shall not exceed 150 square feet.
(4)
Size, freestanding.
(a)
Height shall be a maximum of eight feet.
(b)
Total area of a freestanding sign (counting one sign face) shall be 32 square feet.
(5)
Size, wall sign.
(a)
The total sign display area shall not exceed an area equal to 1.5 square feet of sign area for each linear foot of building frontage, or 10% of the total area of the one building facade upon which the sign is located, or 100 square feet, whichever is the lesser. In no instance shall any one sign exceed 50 square feet.
(6)
Window sign.
(a)
A total number of four window signs are permitted.
(b)
Maximum display area shall not exceed 30% of the contiguous window area for each window sign.
(c)
The aggregate total display area of all window signs does not exceed an area equal to 0.5 square foot per linear foot of building frontage.
(7)
Sign lighting. Signs may be internally or externally illuminated. Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limit, of the side property line. Red, green, and amber lights of such shape and hue that may be confused with official traffic lights and signals shall be prohibited. All light sources shall be shielded and mounted to avoid glare. Top-mounted lighting fixtures are preferred. No signs with a reflecting surface that can cause glare shall be allowed. No illuminated sign shall be placed or directed to cause beams of light to be cast on any public highway, sidewalk, or adjacent premises or to cause glare or reflection that will be a traffic hazard or nuisance. The Planning Board may require an illuminated sign to be turned off two hours after the close of business.
§ 138-83 Administrative procedures for signs.
A.
Applications for sign permits shall be issued at the Town Clerk's and Building Inspector's offices. Sign permits shall be issued by the Building Inspector.
B.
Any sign that is included as an accessory structure that is part of an application for site plan review or special use approval shall be included with and reviewed concurrently with such application. Signs not part of a project requiring site plan review or special use approval may be permitted by the Building Inspector without necessity of approval by the Planning Board provided all requirements of this chapter and subsection are met.
C.
All applications for a sign permit shall include a description and illustration of the sign to be erected, altered or reconstructed, including the message to be displayed, physical composition and materials, size, all dimensions, lighting, landscaping, and location of the sign. When a sign is being reviewed as part of a site plan, such plan shall also show locations of all signs. No permanent sign requiring a permit will be allowed to be placed on property not owned by the person seeking the permit without the express written consent of the property owner, his or her authorized agent or tenant upon whose property the sign is to be located.
D.
A fee as established in the Town of Ballston Fee Schedule and as determined by the Town Board shall be payable at the time the permit is issued. No fee shall be levied if the sign is included in a Planning Board site plan or special use permit application.
E.
The Building Inspector shall have the right to refuse any such permit application if, in his or her opinion, the application does not comply with the requirements of this chapter. If an application is refused, the applicant may apply to the Zoning Board of Appeals for the granting of an area variance under this section.
§ 138-84 Conflict with other provisions.
When any provision of this article conflicts with the provisions in other sections of this chapter, the provisions of this article shall apply.
§ 138-85 LED signs.
LED signs may be permitted only with a special use permit and only in the Business District and the Light Industrial District. When approved, LED signs shall meet the following standards:
A.
The message displayed on the digital off-premises sign shall be static and nonanimated and shall remain fixed for a minimum of 10 seconds;
B.
The sign shall not display any message that moves, appears to move, scrolls, or changes in intensity during the fixed display period;
C.
The transition time between changes in the sign face or message shall be less than one second;
D.
The sign must be equipped with brightness controls which shall be used to reduce the intensity of the light based on outside light levels; and
E.
The digital LED display shall not have lighting that would compete with or distract from traffic signal lighting.