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.

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.

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.

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.

Off-premises sign. Sign is to be permanent in nature. Sign must advertise an active business within the Town of Colonie.[1]

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.

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.

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.

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.

Table of permitted signs. Editor's Note: The Table of Permitted Signs is included at the end of this chapter.

Any sign not permitted is prohibited. Any sign not permitted in this article and any sign specifically designated in this section is prohibited.

Signs specifically prohibited. Signs specifically prohibited are as follows:

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.

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.

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.

Self-service identification sign. One self-service identification sign which does not exceed two square feet per self-service fuel pump island.

Full-service identification sign. One full-service identification sign which does not exceed two square feet per full-service fuel pump island.

Fuel price signs. Fuel price signs required by federal, state or local legislation.

Street number identification plates.

Historical site markers.

No-trespassing signs.

Posted (no hunting, fishing and trapping) signs.

Governmental signs.

Utility line identification and location signs.

Phone identification signs.

Rest room identification signs.

Handicapped parking and access signs.

Vacancy/no vacancy signs. Vacancy/no vacancy signs which do not exceed three square feet.

Accessory signs. Accessory signs, identifying such uses as parking, no parking or office, which do not exceed two square feet each.

Holiday decorations. Holiday decorations erected for and during the particular holiday they relate to or symbolize.

Open/closed business signs. Open/closed business signs which do not exceed two square feet.

Street identification, traffic and governmental signs and control devices. Street identification, traffic and governmental signs and control devices required by law, ordinance or regulation.

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.

Signs and markers in cemeteries. Signs and markers in cemeteries designating graves and memorials.

Farm stand signs. Farm stand signs that do not exceed 16 square feet in size.

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.

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.

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.

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.

Signs deemed illegal. The following signs are deemed illegal signs and in violation under this article:

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.

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.

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.

Transformers, wires and similar items shall be concealed.

All wiring to freestanding signs shall be underground.

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.

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.

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.

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.

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:

Referral to the PEDD. The proposed freestanding sign application, when complete, shall be submitted by the Building Department to the PEDD for its review.

PEDD determination. The PEDD will issue its determination to the Building Department.

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.

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.

Deviation from plans. Design, size, construction and placement of a sign shall not deviate from the plans approved for issuance of the permit.

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.

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.

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.

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:

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.

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.

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.

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.

Attachment to building prohibited. No billboard shall be erected on or attached to any building.

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.

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.

Height. No billboard shall be in excess of 30 feet in height above the average existing grade level at the billboard.

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.

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.

No billboards shall display advertising matter of an indecent or obscene nature.

No billboard shall confuse, mislead or resemble any government billboard.

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.

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.

Billboards shall not be permitted within 200 feet of any public park, playground, cemetery or residential zone.

No billboard shall be erected within 25 feet of any building.

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.

Billboards shall be constructed in accordance with the New York State Uniform Fire Prevention and Building Code.

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.

All electrical work shall be in accordance with Underwriters' Laboratories, Inc. (UL) standards.

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:

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.

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:

Removal of certain billboards.

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.

No nonconforming billboard shall be reconstructed or structurally altered except as provided for in this article.

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.