§ 43-0115 — Restrictions on use of signs and advertising devices

§ 43-0115. Restrictions on use of signs and advertising devices.\n 1. In order to preserve and enhance the natural beauty of the Lake\nGeorge park, to protect and conserve the investment of the state in\nforest lands, islands, state campsites and other interests in real\nproperty in said park; to preserve and regulate the said park for public\nuses for the resort of the public for recreation, transportation,\npleasure, air, light and enjoyment and to keep it open, safe, clean and\nin good order for the welfare of society and to prevent the unrestricted\nuse of signs, and advertising structures and devices in said park, no\nperson, partnership, association or corporation shall, except as\nprovided in subdivisions two and three of this section, erect or\nmaintain or allow to be erected or maintained within the boundaries of\nthe Lake George park any advertising sign or advertising structure or\ndevice of any kind, except under written permit from Lake George park\ncommission.\n 2. The provisions of this section shall not apply to:\n a. Signs erected or maintained upon a parcel of land used for business\npurposes in connection with the principal business or principal\nbusinesses conducted thereon, provided that:\n (1) Not more than two such signs are erected on such parcel of land,\nand such signs are located at least fifty feet apart, and\n (2) No such sign has an area of more than forty-eight square feet, and\n (3) No such sign extends more than twenty feet above ground level, and\n (4) No such sign is placed within ten feet of a highway right of way,\nand\n (5) No such sign is illuminated by or contains a flashing,\nintermittent, rotating, or moving light or lights, and\n (6) No such sign moves or the visible portion thereof contains any\nmoving or animated parts.\n b. A sign erected or maintained within an incorporated village.\n c. A sign erected by the state, a county, a town or an agency or\ndepartment thereof.\n 3. To effectuate the purposes enumerated in subdivision 1 of this\nsection, the commission shall establish uniform written rules and\nprocedures for the application for and granting of permits for the\nerection or maintenance of signs, advertising structures and devices for\nwhich permits are required to be obtained from it under this section.\nSuch rules and procedures shall contain provisions for the granting of\nthe requisite permit for any such sign, advertising structure or device\nerected prior to the effective date of this section for a period of time\nnot exceeding the remaining or undepreciated useful life of such sign,\nadvertising structure or device as determined by an appropriate\ndepreciation formula, provided that no such sign shall be permitted\nafter July 1, 1973. For such purpose, until July 1, 1973, the commission\nshall authorize the use of a formula commonly used for income tax\npurposes or the depreciation formula used in the depreciation schedules\nof the income tax returns of the owner of such sign, advertising\nstructure or device.\n 4. Any action of the commission by which an application for a permit\nunder this section is denied shall be reviewable pursuant to the\nprovisions of article 78 of the Civil Practice Law and Rules.\n