The purpose of this article is to protect the
public health, welfare and safety by regulating existing and proposed
outdoor advertising. It is intended to improve communications within
the community, 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 of designated
areas 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 open space and curb the deterioration of natural beauty
and community environment.
The following words and terms shall, for the
purpose of this chapter and as used elsewhere in this code, have the
meanings shown herein:
A-FRAME SIGN
Any sign with a single or double face, erected on a frame
in which the supports form a triangle using the ground as the third
side of the triangle.
AWNING SIGN and BACKLIT AWNINGS
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
BANNER
A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BUILDING ELEVATION
The entire side of a building, from ground level to the roofline,
as viewed perpendicular to the walls on that side of the building.
CABINET SIGN
A sign constructed in such a manner that the sign face(s)
is or are supported by a surrounding framework creating a box-like
structure that is capable of being supported or moved as a unit. Such
signs may or may not be internally illuminated.
CANOPY (ATTACHED)
A multisided overhead structure or architectural projection
supported by attachments to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light.
CANOPY (FREESTANDING)
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or
freestanding canopy.
CHANGEABLE SIGN
A sign with the capability of content change by means of
manual or remote input, including signs which are electrically activated
or manually activated.
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a
building structure.
CONSTRUCTION SIGN
A sign identifying individuals or companies involved in design,
construction, wrecking, financing or development when placed upon
the premises where work is under construction.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development,
such as a shopping center or Planned Industrial Park, which is controlled
by a single owner or landlord.
DIGITAL SIGN
A sign that can be electronically changed either by changeable
copy or images/display.
[Added 4-5-2016 by L.L.
No. 3-2016]
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
DIRECTORY SIGN
A sign located next to a main entrance of a building used
as a shopping center or for professional offices, under unified control,
consisting of two or more occupants. It is designed for the pedestrian
and indicates the name and address of the occupants and/or identification
of any business or occupation, which may exist on the premises.
DOUBLE-FACED SIGN
A sign with two faces, back-to-back, designed so that the
two sides cannot be viewed from the same point.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical
power.
ERECT
To build, construct, attach, hang, place, suspend or affix
or otherwise cause a sign to be created and shall also include the
painting of wall signs
FLASHING SIGN
An illuminated sign on which the artificial source of light
is not maintained stationary or constant in intensity and color at
all times. Any moving illuminated sign affected by intermittent light
shall be deemed to be flashing sign.
FREESTANDING SIGN
A sign principally supported by a structure affixed to the
ground, and not supported by a building, including signs supported
by one or more columns, poles or braces placed in or upon the ground.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of single
premises orientated to the public way or other properties that it
faces.
HOMEGROWN AGRICULTURAL PRODUCTS SIGN
A sign displayed at any residence by the owner or other operator
thereof, for the purpose of identifying or advertising homegrown agricultural
products for sale.
HOME OCCUPATION SIGN
A sign permitted in association with an occupation conducted
on the premises within a dwelling unit occupied by the operator of
the business.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated); or reflecting
off its surface(s) (externally illuminated).
INFORMATIONAL SIGN
A sign designed to contain information exclusively as a public
service and of a noncommercial nature, such as signs denoting telephones
and rest rooms.
INTERIOR SIGN
Any sign placed within a building, but not including window
signs as defined by this chapter. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
LEGAL NONCONFORMING SIGN
A legal sign existing at the effective date of the adoption
of this chapter which could not be built under the terms of this chapter.
MANSARD
An inclined decorated roof-like projection that is attached
to an exterior building facade.
MENU BOARD SIGN
A freestanding sign oriented to the drive-through lane for
a business that advertises services available from the drive-through
window, and which has no more than 20% of the total area for such
a sign utilized for business identification.
MONUMENT SIGN
A type of freestanding sign that is located on grade rather
than on a pole or similar support.
MOVING SIGN
A sign which revolves, rotates, swings, undulates or otherwise
attracts attention through the movement of parts.
ON-PREMISES SIGN
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of the property on which
it is displayed.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products manufactured or sold
on, or the sale or lease of, the property on which it is displayed.
POLITICAL SIGN
A temporary sign identifying a political candidate, issue
or party.
PORTABLE SIGN
Any sign not permanently attached to the ground or to a building
or building surface.
PROJECTING SIGN
A sign, other than a wall sign, that is attached to or projects
more than 18 inches from a building face or wall or from a structure
whose primary purpose is other than the support of a sign.
PUBLIC BUILDING SIGN
Signs for religious, school and community centers or public
or quasi-public buildings.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
ROOF SIGN
A sign mounted on, and supported by, the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be roof signs.
SIGN
Any device visible to the public that displays either commercial
or noncommercial messages by means of graphic presentation of alphabetic
or pictorial symbols or representations. Noncommercial flags or any
flags displayed from flagpoles or staffs will not be considered to
be signs.
SIGN AREA
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face. The area of any double sided or V-shaped sign shall be the area
of the largest single face only. The area of a sphere shall be computed
as the area of a circle. The area of all other multiple-sided signs
shall be computed as 50% of the sum of the area of all faces of the
sign.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted or to products sold upon the same lot, including "For Sale"
or "For Rent" signs relating to the lot on which they are displayed.
SIGN COPY
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
SIGN FACE
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
A.
In the case of a cabinet sign, the sign face
shall include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
B.
In the case of sign structures with routed areas
of sign copy, the sign face shall include the entire area of the surface
that is routed, except where interrupted by a reveal, border, or a
contrasting surface or color.
C.
In the case of signs painted on a building,
or individual letters or graphic elements affixed to a building or
structure, the sign face shall comprise the sum of the geometric figures
or combination of regular geometric figures drawn closest to the edge
of the letters or separate graphic elements comprising the sign copy,
but not the open space between separate groupings of sign copy on
the same building or structure.
D.
In the case of sign copy enclosed within a painted
or illuminated border, or displayed on a background contrasting in
color with the color of the building or structure, the sign face shall
comprise the area within the contrasting background, or within the
painted or illuminated border.
SUBDIVISION SIGN
A sign identifying a division, parcel or area of land by
the owner or agent, by lots.
TEMPORARY SIGN
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs or a sign announcing or advertising
a special limited-time offer not normally available on the premises.
V SIGN
Signs containing two faces of approximately equal size, erected
upon common or separate structures, positioned in a "V" shape with
an interior angle between faces of not more than 90° with the
distance between the sign faces not exceeding five feet at their closest
point.
WALL OR FASCIA SIGN
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than 18 inches
from the building or structure wall, including signs affixed to architectural
projections from a building, provided the copy area of such signs
remains on a parallel plane to the face of the building facade or
to the face of the building facade or to the face or faces of the
architectural projection to which it is affixed.
WINDOW SIGN
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
adjacent property.
Sign types and the computation of sign area
shall be as depicted in Figures 1003.1(1) through 1003.1(4) and
Figures 1008.1.2(1) through 1008.1.2(3).
The following signs are hereby expressly prohibited
from erection, construction, repair, alteration or relocation within
the Town except as permitted in this section:
A. Banners, pennants, streamers, balloons and other gas-filled
figures, except as a temporary sign.
B. Billboards and off-premises signs except within and
in accordance with the requirements of the Billboard Overlay District.
C. Moving and flashing signs which flash or blink, revolve, rotate,
swing, undulate or otherwise attract attention through movement or
flashing parts or through the impression of movement or flashing,
not to include residential holiday lighting.
[Amended 4-5-2016 by L.L.
No. 3-2016]
D. Portable signs, except as a temporary sign as provided
in this section.
F. Signs on parked vehicles and/or trailers which are
parked on a public right-of-way, public property or private property
so as to be visible from a public right-of-way where the apparent
purpose is to advertise a product or direct people to a business or
activity located on the same or nearby property. However, this is
not in any way intended to prohibit signs placed on or affixed to
vehicles and trailers, such as lettering on motor vehicles, where
the sign is incidental to the primary use of the vehicle or trailer
(which is currently registered and licensed to operate on public streets)
for use in the daily function of the business to which such signs
relate. This is not intended to prohibit "for sale" signs placed inside
a vehicle in connection with the sale of that vehicle.
G. Signs affixed to a tree or any other living vegetation.
H. Signs attached or otherwise applied to utility poles,
bus shelters, benches, trash receptacles, newspaper vending machines
or other unapproved supporting structure within public property or
rights-of-way.
I. Signs which imitate traffic control devices or interfere
with, obstruct the view of or create confusion with any authorized
traffic control sign, signal or other device by its position, shape
or color, or obstruct or interfere with a driver's view of approaching,
merging or intersecting traffic.
J. Signs which obstruct free ingress to or egress from
a fire escape, door, window or other required exit.
K. Signs which contain untruthful or misleading information.
L. Signs or sign structures which constitute a hazard
to public safety or health.
M. Obsolete signs or their supports no longer advertising a bona fide business conducted or product sold. (See provisions regarding obsolete signs in §
200-54, General rules, Subsection
G.)
N. Illumination of signs in residential districts, except
for street address signs, signs indicating doctors of medicine, signs
indicating churches or other places of worship, holiday lighting displays
and signs necessary for public safety.
O. Signs in right-of-way. No signs other than an official
traffic sign or similar sign shall be erected within a street right-of-way,
or within any public way, unless specifically authorized by other
ordinances or regulations of the Town or by specific authorization
of the Code Enforcement Officer.
P. Signs projecting over public ways. Signs projecting
over public walkways shall be permitted to do so only subject to the
projection and clearance limits either defined herein or, if not so
defined, at a minimum height of eight feet from grade level to the
bottom of the sign. Signs, architectural projections or sign structures
projecting over vehicular access areas must conform to the minimum
height clearance limitations imposed by the jurisdiction for such
structures.
Q. Vehicles and trailers are not used primarily as static
displays, advertising a product or service, nor utilized as storage,
shelter or distribution points for commercial products or services
for the general public.
The following signs shall be exempt from the
provisions of this chapter:
A. Official notices authorized by a court, public body
or public safety official.
B. Directional, warning or information signs authorized
by federal, state or municipal governments.
C. Memorial plaques, building identification signs and
building cornerstones when cut or carved into masonry surface or when
made of noncombustible material and made an integral part of the building
or structure.
D. The flag of a government or noncommercial institution,
such as a school.
E. Religious symbols and seasonal decorations within
the appropriate holiday season.
F. Works of art displayed in conjunction with a commercial
enterprise where the enterprise does not receive direct commercial
gain.
G. Street address signs and combination nameplate and
street address signs that contain no advertising copy and which do
not exceed six square feet.
The following signs are allowed in all zoning
districts upon the issuance of a sign permit by the Town of Van Buren
Code Enforcement Officer:
A. Civic announcement signs. Signs of a civic nature
shall not exceed 6 1/2 square feet in area and shall be erected
no more than 30 days prior to and shall be removed within three days
following the event.
B. Construction/Contractors' signs. Builders', architects'
and engineers' signs no more than 32 square feet in area will be allowed
and shall be removed within 14 days of project completion.
C. Directional signs. Signs directing traffic on private
property bearing no advertising matter are allowed. No more than two
directional signs shall be permitted per street entrance to any property.
There shall be no limit to the number of directional signs providing
directional information interior to a lot. The maximum area and height
for directional signs in commercial zoned areas are three square feet
in area and six feet in height, and in residential, planned unit development,
and agricultural districts two square feet in area and six feet in
height.
D. Homegrown agricultural products. Signs displayed on
a residence by the owner or other operators thereof for the purpose
of identifying or advertising homegrown agricultural products for
sale no larger than four square feet in area and six feet in height
are allowed.
E. Informational signs. Signs designed to contain information
exclusively as a public service and of a noncommercial nature will
not be included in the total allowable sign area and are allowed.
F. Public building signs. Religious, school and community
center signs for public or quasi-public buildings shall not exceed
32 square feet in area and six feet in height.
Temporary signs, types, sizes and length of
time allowed shall be in accordance with the following:
A. Real estate signs: Real estate signs shall be permitted
in all zoning districts, subject to the following limitations:
(1) Real estate signs located on a single residential
lot shall be limited to one sign, not greater than 6.5 square feet
and six feet in height.
(2) Real estate signs advertising the sale of lots located
within a subdivision shall be limited to one sign per entrance to
the subdivision, and each sign shall be no larger than 6.5 square
feet and six feet in height. All signs permitted under this section
shall be removed within 10 days after sale of the last original lot.
(3) Real estate signs advertising the sale or lease of
space within commercial or industrial buildings shall be no greater
than 24 square feet and six feet in height, and limited to one sign
per street front.
(4) Real estate signs advertising the sale or lease of
vacant commercial or industrial land shall be limited to one sign
per street front, and each sign shall be no larger than 24 square
feet and six feet in height for property of 10 acres or less, and
32 square feet and six feet in height for property exceeding 10 acres.
(5) Real estate signs shall be removed no later than 10
days after execution of a lease or rental agreement in the event of
a lease or rental, or the closing of the sale in the event of a purchase.
(6) Real estate signs shall be placed off the street and
shall not be placed on any property without prior permission of the
owner or tenant thereof.
B. Political signs. Political signs will be permitted
in all zoning districts as follows:
(1) Each face of a political sign shall not exceed 32
square feet in area and six feet in height.
(2) Political signs shall not be attached to public utility
poles, street sign poles, etc., and must have the approval of the
occupant and/or property owner.
(3) Political signs may be placed 60 days prior to the
election or referendum and must be removed within 10 days after the
election or referendum. Signs promoting successful candidates or referendums
in a primary election may remain displayed until not more than 20
days after the general election.
C. Household and personal goods sales signs. No more
than a reasonable number of off-premises and freestanding double-faced
signs, each face of which shall be no larger than four square feet,
may be erected 24 hours preceding the sale, and shall be removed within
24 hours after the sale ends. Said signs shall be placed off the street
and shall not be placed on any property without the prior permission
of the owner or tenant thereof. Church, school, charitable, community
and civic organizations shall be regulated by temporary sign regulations
as provided for in this section.
Temporary signs, types, sizes and length of
time allowed shall be in accordance with the following:
A. Development and construction signs. Signs temporarily
erected during construction to inform the public of the developer,
contractors, architects, engineers, the nature of the project or anticipated
completion dates shall be permitted in all zoning districts, subject
to the following limitations:
(1) Approval by the Planning Board, showing a detailed
drawing or blueprints showing a description of the construction details
of the sign and showing the lettering and/or pictorial matter, including
color scheme, composing the sign; position of lighting or other extraneous
devices; a location plan showing the position in relation to nearby
buildings or structures and to any private or public street or highway.
(2) Written consent of the owner of the building, structure
or land to which or on which the sign is to be erected, in the event
that the applicant is not the owner thereof.
(3) Signs on a single residential lot shall be limited
to one sign, not greater than 6.5 square feet and six feet in height.
(4) Signs for residential subdivisions or multiple residential
lots shall be limited to one sign, at each entrance to the subdivision
or on one of the lots to be built upon, and shall be no greater than
24 square feet and six feet in height.
(5) Signs for nonresidential uses in residential districts
shall be limited to one sign, and shall be no greater than 24 square
feet and six feet in height.
(6) Signs for commercial or industrial projects shall
be limited to one sign per street front, not to exceed 24 square feet
and six feet in height for parcels on five acres or less in size,
and not to exceed 32 square feet and six feet in height for projects
on parcels larger than five acres.
(7) Development and construction signs may not be displayed
until after issuance of construction permits by the Code Enforcement
Officer and must be removed no later than 24 hours following issuance
of the last occupancy permit for any or all portions of the project.
B. Special promotion, event and grand opening signs.
Signs temporarily displayed to advertise special promotions, events
and grand openings shall be permitted for nonresidential uses in a
residential district, and for all commercial and industrial districts
subject to the following limitations:
(1) Signs shall be limited to one sign per street front.
(2) Such signs may be displayed for not more than 30 consecutive
days in any three-month period and not more than 60 days in any calendar
year. The sign shall be erected no more than five days prior to the
event or grand opening, and shall be removed no more than one day
after the event or grand opening.