Purpose; intent.

The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed on-premises advertising signs and signs of all types within the Town of Halfmoon. This chapter is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended to reduce distractions and obstructions that may adversely affect traffic safety, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and to maintain the generally high level of the community's appearance and attractiveness.

This article is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings and to ensure that signs aid orientation and adequately identify uses and activities to the public. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to be compatible with their surroundings.

Special event sign. Sign is to be temporary in nature (no more than one week prior to event and must be removed three days after the event) and shall not include sales events; 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. These signs shall not be used to advertise retail sales.

Political signs; lawn signs. Signs are to be temporary in nature, they may not be placed more than 60 days prior to a scheduled election and they must be removed within five days after election; one sign per candidate on each parcel and 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 sign. 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; one per parcel; and shall not exceed six feet in height for freestanding or 10 feet in height if a wall sign and must be located on the subject property.

Residential real estate sign. Sign is to be temporary in nature (must be removed five days after property transfer or no longer for sale); no larger than nine square feet; one per parcel; and shall not exceed five feet in height for freestanding or 10 feet in height if a wall sign and must be located on the subject property.

Directional real estate sign. Sign is to be temporary in nature; no larger than eight square feet and no higher than four feet off of the ground. Such signs may be removed at the discretion of the Town.

Construction project identification sign. Sign is to be temporary in nature and shall be removed upon completion of construction; no larger than 32 square feet; two per parcel; and shall not exceed six feet in height for freestanding or 10 feet in height if a wall sign.

Grand opening sign. Sign to be temporary in nature (30 days before and 30 days after the opening) and may be banner, pennant, and not exceeding six feet in height if freestanding and 10 feet in height if a wall sign.

Residential subdivision identification (temporary). Sign is to be temporary in nature and must be removed upon placement of the permanent sign; no larger than 32 square feet; 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.

Nameplate and identification sign. Sign which indicates home occupation in any residence.

Institutional signs. Signs for schools, churches, hospitals or similar public and semipublic institutions.

Business signs. Signs pertaining to a permitted use, service or product sold on the premises on which they are located.

Plaza signs. Signs pertaining to a permitted use, service or product sold in the plaza in which they are located when the plaza is situated so that not all of the stores/offices front on a Town road or highway.

A-frame signs. A self-supporting, portable sign with one or two faces that are adjoined at the top and displayed at an angle, which is not permanently anchored or secured and designed to be placed upon a private sidewalk, plaza or other area where pedestrians walk or gather. The signs shall be constructed of durable, weather-resistant materials such as wood, steel, chalkboard, whiteboard, aluminum and PVC. The use of cardboard, paper, fabric and nonrigid materials is prohibited. The signs shall not be illuminated or reflective. Construction of the sign shall be of professional quality.

Residential districts, including Professional Office/Residence.

C-1 Commercial, NB-1 Neighborhood Business, LI-C Light Industrial/Commercial and M-1 Industrial District

Signs shall be structurally sound and be constructed of durable materials and shall be maintained in good condition, including plumb and level. Signs which are permitted to deteriorate shall be removed upon direction of the Planning, Building and Zoning Department following notification to the owner.

No sign shall be located higher than the building to which it is attached.

No sign shall be located on the roof of any building.

No rotating, projecting or animated sign shall be permitted. LED signs that change content every 20 seconds shall not constitute a violation of this section so long as there is no animation/movement other than the content change.

No freestanding sign shall be higher than 16 feet from the ground. The Planning Board shall have the authority to further restrict the height of the sign so as to make the sign compatible with the surrounding area.

No sign, other than an official traffic sign or a directional real estate sign, shall be erected within the right-of-way line of any public street.

No sign shall have a source of illumination directed toward a public street or adjacent property.

No sign shall emit any flashing or intermittent illumination.

Banner and pennant signs shall be permitted without a building permit or Planning Board approval so long as they are mounted in the ground with a maximum of one sign per business and a maximum of three in total at any time for a plaza, strip mall or other multitenant facility. The signs must be on the same parcel where the business is located and may be removed at the discretion of a Code Enforcement Officer/Building Inspector and shall not impede safety or sight distance.

No sign which may 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 the public.

No exposed neon signs.

Off-premises advertising signs shall only be permitted in the Off-Premises Sign Overlay Zone.

Mobile, portable or vehicle-mounted signs are not permitted in any district, except as otherwise permitted herein.

Any authorized sign may contain noncommercial copy in lieu of any other copy.[1]

All sign faces shall be two-dimensional with no raised surface exceeding one inch in residential districts or four inches in commercial districts.

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

No sign or part thereof is permitted on a vehicle parked on a public right-of-way or public property or on private property so as to be intended to be viewed from a motorized vehicular traffic, 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.

Overlay zone.

Any off-premises/advertising signs located within the Off-Premises Sign Overlay Zone shall be subject to the following requirements:

Security requirements. An applicant who has been granted a permit for the placement of an off-premises/advertising sign, and the applicant's assigns, shall be responsible for continuous maintenance of the off-premises/advertising sign and structure. The applicant and/or owner of all off-premises/advertising signs shall also be responsible for proper and complete removal of all advertising signs and structures in the event that the special use permit granted is terminated or abandoned.

The Planning Board shall require the applicant to provide the Town of Halfmoon with adequate security to ensure prompt and continuous compliance with the requirements of the special use permit, such security being in the form of a letter of credit or client fund account, to be held by the Town during the period of time that the off-premises/advertising sign and structure shall be permitted. The amount of such security in whatever form shall be equal to the full estimated cost of the placement and removal of the structure and sign. The amount of such security shall be determined by the Planning Board prior to issuance of the special use permit.

The following signs are exempt from the provisions or requirements of this article except that they must comply with § 165-50, General regulations, unless otherwise specified. However, in any circumstance where the Code Enforcement Officer determines that an illegal sign is an immediate danger to public health and safety, he or she may remove the sign immediately, without notice:

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 materially altered shall be considered a new sign and shall be required to conform to the requirements contained herein, except that the owner may be allowed to alter the message of the sign but may not alter the basic structure of the sign.

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 Code Enforcement Office 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 immediately. 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 24 hours after notice is provided, the Code Enforcement Office 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. In any circumstance where the Code Enforcement Officer determines that an illegal sign is an immediate danger to public health and safety, he or she may remove the sign immediately, without notice.

All sign fabrication, erection and attachment shall conform to the requirements of the latest edition of the Uniform Code, Energy Code, and state and local laws and other applicable codes and regulations.

Lighting fixtures and wiring shall conform to the requirements of the latest edition of the National Electrical Code, Uniform Code, Energy Code, and state and local laws and other applicable codes and regulations, and all electrified signs shall bear the Underwriters Laboratories label or approved equal.

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.