N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-7.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 646-7.6 - Size, placement, number and height limitations of permitted signs

(a) Size and placement. No sign shall exceed 48 square feet in area. A permit for a 48 square foot sign is granted only when the sign is placed at least 10 feet back from the highway right-of-way. The part of the sign closest to the right-of-way is the point at which the measurement is taken. In general, the size of the sign is governed by its proximity to the highway right-of-way; i.e., the closer to the road the less area required to get the message across. All signs must be placed 10 feet from the highway right-of-way unless special circumstances require that they be placed closer. Special circumstances are: alignment of highway, terrain, existing trees or other natural features, or structure located on other parcels of real property, which might block or impair the view of the sign. Before a permit for a sign is granted, its location in relation to the blocking of visual access to existing signs is also considered. In circumstances in which a permit is granted for a sign closer than 10 feet to the right-of-way the square footage of the sign is reduced to the amounts stated in the following schedule:

On edge of right-of-way--32 square feet

1 foot from right-of-way--33 square feet

2 feet from right-of-way--34 square feet

3 feet from right-of-way--35 square feet

4 feet from right-of-way--36 square feet

5 feet from right-of-way--37 square feet

6 feet from right-of-way--38 square feet

7 feet from right-of-way--39 square feet

8 feet from right-of-way--40 square feet

9 feet from right-of-way--41 square feet

(b) Number. No more than two advertising signs are permitted on one parcel of property, except as provided in subdivision (d) of this section. Businesses located on a parcel of property having 100 feet or less of road frontage will be granted a permit for one free-standing sign and one wall sign providing that such wall sign does not exceed 32 square feet in area. Businesses located on a parcel of property having in excess 100 feet of road frontage will be granted a permit for two free-standing signs provided that the distance between the two free-standing signs shall be at least 50 feet, or one free-standing sign and one wall sign, providing that such wall sign does not exceed 32 square feet in area. In addition to the above, a permit will be granted for an identification sign on the lakeshore providing that such sign does not exceed 15 square feet in area. Also, the commission may grant permits for the erection of directional signs provided that the individual signs do not exceed two square feet in area, and are limited to the text "Office", "Entrance", or "Exit". Permits will be granted only if the applicant can show that the directional sign or signs are necessary because of unusual access to the commercial business establishment.

(c) Height. The top of the sign, advertising structure or device shall not exceed 20 feet above the ground level where the sign is located. This height is permitted only when special circumstances make it necessary.

(d)

(1) Permits may be granted for more than two advertising signs in the event more than one business is operated on a single parcel of real property. In this event, permits may be granted for the following signs:

(i) one sign, 48 square feet in area, 10 feet back from the highway right-of-way, or one sign closer to the highway right-of-way as provided in subdivision (a) of this section; and

(ii) one wall sign for each business operated on the parcel of real property, provided that the areas of all of the signs erected under this subparagraph does not exceed 48 square feet, and further provided that the wall sign is maintained on the building in which the business advertised is located.

(2) Each business owned by an individual or corporation shall be considered a separate business, provided the individuals or stockholders are not related as spouses or parents and decedents.

(3) In the event a parcel of real property is used by one owner to operate more than one business, the number of businesses shall be determined in accordance with the following:

(i) In towns which have a town ordinance requiring the licensing of businesses, the number of businesses shall be determined by the number of businesses registered under its town ordinance.

(ii) In towns which do not have a town ordinance requiring the licensing of businesses the number of businesses shall be determined by the Lake George Park Commission based upon the following criteria:

(a) the sale of products and services which are not normally associated with one business;

(b) the location and construction of the buildings in which the businesses are located;

(c) the management and accounting systems used by the businesses; and

(d) uses which are considered accessory uses to the main business shall not be considered as a separate business.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-7.6