The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It 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 sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space, and curb deterioration 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. 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 enhance their surrounds.

Upon the filing of a completed application for a sign permit and payment of the required fee, the Building Director or his designee shall examine the plans, specifications, and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of this article, he shall then, within 15 days, issue a permit for the erection of the proposed sign or for an existing sign. The issuance of a permit shall not excuse the applicant from conforming to other laws and ordinances of the municipality.

If the erection of the sign authorized under any such permit has not commenced within six months from the date of issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months, upon payment of 1/2 of the original fee.

Every sign shall bear the permit number, permanently and visibly shown. Failure to do so shall constitute cause for revocation of the permit.

In a residential zoning district, one sign not exceeding four square feet per side.

In a business or industrial zoning district, one sign not exceeding 50 square feet set back at least 50 feet.

Placement shall not exceed 30 days.

The names and address of the sponsor and the person responsible for removal are identified.

Announcement signs of clubs, lodges, and public and semipublic buildings shall be not greater than 12 square feet in area and shall be on the premises of the facility, except that a single announcement sign not exceeding six square feet may be located off-premises as a direction sign if the facility is not located on a county or state road or highway. Such signs may be illuminated.

Announcement signs of churches, charitable institutions and clubs not exceeding six square feet may be located at strategic entrances to the Town of North Greenbush and other locations as approved by the Zoning Board of Appeals upon written request from the appropriate officials of the facilities. Such signs may be illuminated.

Home occupation signs shall not exceed two square feet in area.

Such signs must be affixed to the main wall of the building, except that plate signs not exceeding one square foot in area may be placed in the front yard.

Such signs may be illuminated, provided that such lighting does not produce a direct glare beyond the limits of the property line.

No more than two signs shall be permitted for any residential structure or building.

One permanently fixed advertising display or message board may be permitted in BG, BN, H, and IG Districts only by special permit or by Planning Board site plan approval. Such display may be wall-mounted or freestanding.

Where permitted, such advertising displays or message boards may only advertise the products or service offered on the premises on which the sign is located and shall meet the following minimum standards:

There shall be no more than two signs per business unit, one of which can be a freestanding sign.

Such signs or lettering must contain only the name of the lawful owners or occupants or their trademarks as well as services dispensed on the premises. Such signs may contain a street address, phone number and fax number.

Except as provided in Subsection D(6) herein, the total area of all professional and business signs shall not exceed two square feet per linear foot of width of each store unit. The greatest dimension of any sign shall not exceed 20 feet.

Such signs may be illuminated, provided that such lighting is not intermittent, does not produce a direct glare beyond the property line and does not use a color or shape which may be confused with official traffic lights or signals.

Such signs shall not be placed in such a manner as to fully or partially obstruct a Town, county or state highway or sidewalk.

Where the building is more than 150 feet from the road right-of-way, then the greatest dimension of any sign shall not exceed 1/3 of the linear width of the building or 33 feet, whichever is less.

The total area of a wall sign shall not exceed 60 square feet.

Wall signs shall not extend beyond the ends or over the top of the walls to which they are attached, and shall not extend above the level of the second floor of the building.

Wall signs shall not extend more than nine inches from the face of the buildings to which they are attached.

Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches.

The total area of a sign face of a projecting sign shall not exceed 20 square feet.

Projecting signs shall not have more than two faces.

The exterior edge of a projecting sign shall extend not more than five feet from the building face.

No part of a projecting sign shall extend beyond the lot line of the premises on which the sign is located.

Projecting signs shall have a minimum clearance of seven feet six inches. Projecting signs shall not extend above the level of the second floor of the buildings to which attached, or in any case be higher than 12 feet.

No projecting sign shall be closer than 15 feet to the corner of a building located at a street intersection.

Freestanding signs shall not be more than 32 square feet per side for a double-faced sign.

Such signs shall not exceed the highest part of the building or 25 feet, whichever is greater.

No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang the property lines.

Freestanding signs under which a pedestrian walkway or driveway passes must have a ten-foot vertical clearance.

Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.

No freestanding sign shall be located less than 15 feet from the front property line nor less than five feet from the side property line. No freestanding sign may be located less than 50 feet from any other freestanding sign.

The owner of any sign shall maintain the same in a safe condition. All signs shall be subject to inspection by the Code Enforcement Officer or his duly authorized representatives and, if found by such inspector to be in an unsafe condition, shall be repaired or removed by the owner. If the owner shall fail to make the needed repairs or removal, the Code Enforcement Officer shall have the authority to have the sign removed at the expense of the owner.

It shall be the responsibility of the owner to maintain its appearance in all respects and, where signs constructed upon the ground are permitted by this chapter, to cut the grass or remove any other growth and to remove all rubbish from the base area of the sign.

Signs that advertise any activity, business, product or service no longer conducted or available on the premises shall be considered abandoned and shall be removed at the request of the Code Enforcement Officer or his duly authorized representatives. If the sign has not been removed 90 days after the date of a written request, the Code Enforcement Officer shall have the authority to have the sign removed at the expense of the owner.

Any person aggrieved by a decision of the Code Enforcement Officer or his duly authorized representatives to the provision of this article may appeal such decision in writing to the Board of Appeals as provided in the Zoning Regulations and shall comply with all procedural requirements prescribed by such Board.

In granting any variance from the provisions of this article, the Board of Appeals must find that the variance is necessary for the reasonable use of the land or buildings, that granting the variance is in harmony with the general purposes and intent of this article, that such will not be injurious to the neighborhood character or otherwise detrimental to the public welfare, and that denial of the variance would result in practical difficulty or unnecessary hardship to the applicant.

Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit, or who in any other way violates any provision of this article, shall be guilty of an offense and shall be subject to the penalties as established in § 197-54 of the Code of the Town of North Greenbush. Each week's continuous violation shall constitute a separate additional violation.

In case of a violation of this article, the municipality and its officers may, in addition to any other remedies specifically conferred by law or ordinance, institute any appropriate proceedings to prevent unlawful erection, construction, reconstruction, alteration or use of any sign not in compliance with this article.