[Amended 8-8-2001; 12-2-2008[1]]
[1]
Editor's note: These regulations stated an
effective date of 12-10-2008.
A.
Finding: The scheme of the Orange Zoning Regulations
has always included the regulation of signs to provide adequate means
of expression and to promote the economic viability of the business
community while protecting the Town and its citizens from a proliferation
of signs of a type, size, location and character which would adversely
impact upon the aesthetics of the community and create hazards to
the health, safety and welfare of the community. The Commission finds
that signs provide an important medium through which individuals may
convey a variety of messages. However, left unregulated, signs can
become a threat to public safety as a traffic hazard and detriment
to property values and the community's overall public welfare as an
aesthetic concern.
B.
Purpose and intent: The purpose and intent of this
article is to regulate the number, location, size, type and use of
signs within the Town in order to promote the public health, safety
and welfare and to maintain, enhance and improve the aesthetic environment
of the Town by preventing visual clutter that is harmful to traffic
safety and the appearance of the community. The intent of this section
is to improve the visual appearance of the Town while providing for
effective means of communication, consistent with constitutional guarantees.
This section does not regulate, nor is it intended to regulate, the
message displayed on any sign, or to regulate building design or any
display not defined as a sign, or any sign which cannot be viewed
from outside a building.
C.
Noncommercial signs: Notwithstanding any other pro
vision in this article or these Regulations to the contrary, any sign
authorized in these Regulations may contain any noncommercial copy
in addition to, or in lieu of, any other copy. Signs containing only
noncommercial copy shall be deemed to be on-site signs, not off-site
advertising signs.
D.
Permit required: Unless otherwise provided in this
article, no sign shall be established, constructed, reconstructed,
enlarged, extended, moved or structurally altered until an application
for a certificate of zoning compliance therefore has been approved
by the Zoning Enforcement Officer. All signs shall conform to the
provisions hereafter specified. An application for a certificate of
zoning compliance for any sign shall include the following information:
(1)
An accurate plot plan showing the proposed location
of the sign, and any illumination, on the subject property in relation
to property lines, principal buildings and other site improvements.
(2)
An accurate elevation drawing of the proposed sign
and the supporting structure or building facade intended to receive
the sign, showing the sign dimensions, area and height above finished
grade, and proposed location of sign in relation to the building facade.
(3)
The property address, the name and address of the
property owner, and, if the applicant is not the property owner, the
written consent of the owner or his/her agent to the placement and
maintenance of the proposed sign.
(4)
The name, address, phone number and license number
of the sign contractor, if any.
(5)
Whether the proposed sign is an on-site sign or an
off-site advertising sign.
(6)
The aggregate area of all existing signs on the lot.
(7)
Detail drawings of any proposed external illumination.
(8)
For ground signs, written approval of the structure
from the Town of Orange Building Official.
(9)
Such other information necessary to determine conformity
with the standards of this section.
E.
Application procedure: All applications for a certificate
of zoning compliance shall be on forms prescribed by the Zoning Enforcement
Officer and approved by the Commission and shall contain all the information
necessary to enable the Officer to ascertain whether the proposed
building, structure or use complies with the provisions of these Regulations.
All applications for a certificate of zoning compliance shall be accompanied
by a nonrefundable fee to cover the cost of processing the application,
pursuant to the separately adopted Fee Schedule.
F.
Review by Zoning Enforcement Officer: Upon the receipt
of a completed application for a certificate of zoning compliance
and payment of the applicable fee, the Zoning Enforcement Officer
shall promptly conduct investigations of the application and the premises
as required. An application for a certificate of zoning compliance
shall be denied if the application does not comply with the requirements
of these Regulations, if the application is incomplete or if the application
contains any false material statements or omissions. The Zoning Enforcement
Officer shall grant or deny an application for a certificate of zoning
compliance within 30 days from the date the completed application,
with filing fee, was filed with the Zoning Office, unless an extension
of time is authorized by the applicant. If the Zoning Enforcement
Officer fails to act within such thirty-day period, the sign shall
be deemed to not require a Certificate of Zoning Compliance, but must
comply with all standards of this section and all other provisions
of these Regulations.
G.
Grant or denial of permit application: If, after review
and investigation as required herein, the Zoning Enforcement Officer
determines that the application meets the requirements contained within
these Regulations and other applicable laws, the Zoning Enforcement
Officer shall approve the application and issue the Certificate of
Zoning Compliance. If, after review and investigation as required
herein, the Zoning Enforcement Officer determines that the application
does not comply with the requirements of these Regulations or other
applicable laws, the application shall be denied and the Zoning Enforcement
Officer shall notify the applicant of the reasons therefor. In the
case of the denial of an application for a sign permit, a written
report of the denial shall be sent by certified mail to the designated
return address of the applicant on the application within 30 business
days after filing of the completed application.
H.
Repair: A sign which conforms to the standards of
this article may be repaired by repainting, replacement of lettering
and accompanying symbols, and repair of structural supports, and such
repair and repainting shall not be considered a substantial change
requiring an approval of an application for a certificate of zoning
compliance within the meaning of this article, provided that the outside
dimensions, location, height and illumination of the sign is not changed.
I.
Site plan: An application for a certificate of zoning
compliance for any sign may be incorporated in an application for
site plan approval for consideration and approval by the Planning
and Zoning Commission.
For the purpose of these Regulations, the following
terms shall have the meanings indicated:
A sign which identifies, advertises or directs attention
to a business, or is intended to induce the purchase of goods, property
or service, including, without limitation, any sign naming a brand
of goods or services.
A sign identifying or directing attention to an activity,
product, service, business, commercial establishment, commodity or
entertainment that is conducted, sold, rented, offered or provided
elsewhere than upon the same lot and is not accessory to a use located
on the lot.
A sign:
Any writing, pictorial representation, illustration, decoration
(including any material used to differentiate sign copy from its background),
landscaping form, emblem, symbol, design, trademark, banner, flag,
pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue
or any other figure or character that:
Is a structure or any part thereof (including
the roof or wall of a building); or
Is written, printed, projected, painted, constructed
or otherwise placed or displayed upon or designed into landscaping
or a structure or a board, plate, canopy, awning, marquee or vehicle,
or upon any material object or device whatsoever; and
By reason of its form, color, wording, symbol,
design, illumination or motion attracts or is designed to attract
attention to the subject thereof or is used as a means of identification,
advertisement or announcement of political or artistic expression
or decoration; but
Landscaping constitutes a sign only to the extent
that it is planted, trimmed, graded, arranged or installed in such
a manner as to convey an explicit commercial message.
A sign that
[Amended 1-17-2012; 12-7-2021]
Except as otherwise provided in § 383-26I, the following standards apply:
A.
Location: No sign shall be located within or hang
over the right-of-way of any street without the approval of the Board
of Selectmen.
B.
Projecting and hanging signs: No sign, except signs
attached to a marquee or canopy, shall project over or hang over any
sidewalk, driveway, walkway, roadway or accessway, except that signs
attached to the wall of a building may project not more than 15 inches
therefrom, provided that such projection does not occur within eight
feet vertical clearance of the ground.
C.
Obstructions: No sign shall be located or maintained
so as to be a hazard to traffic or pedestrians, to obstruct any door,
window, ventilation system or fire escape or exit or to cause any
other hazard to the public health or safety.
D.
Light and motion: No flashing, revolving or moving
signs are permitted. LED signs, neon lighting, accents, and signs,
where the source of light is visible, are prohibited. All lighting
of signs shall be indirect with all sources of artificial illumination
located out-of-doors; including spotlights and floodlights so placed,
shielded or otherwise arranged that such sources are not visible from
any street or any other lot.
E.
Prohibited signs: No banner, pennant, captive balloon, streamer, spinner, ribbon, sculpture, or inflatable displays shall be permitted in any district, except as permitted in § 383-190A.
F.
Window signs: Window signs shall not exceed 35% of the total window area for each business, viewable from a public street or from a parking area, subject to Subsection C herein.
G.
Signs placed on the outside of a window are considered wall signs governed by § 383-188B(1) and (2), C and D.
[Amended 12-7-2021]
Except as otherwise in § 383-26I, the following standards apply:
A.
Nonilluminated signs are authorized on each lot subject to the standards set forth in § 383-167 and the following limitations and conditions:
(1)
One or more wall signs and/or ground signs, in the
aggregate not exceeding four square feet in area, placed not in advance
of the property line and not exceeding the height of three feet above
grade, or, on properties supporting an approved or validly existing
nonconforming nonresidential use, a maximum of two signs, not more
than one of which may be a wall sign and one a ground sign, each no
greater than 16 square feet and in the aggregate not exceeding 32
square feet in area, and with respect to a ground sign not exceeding
a height of eight feet above grade; and
(2)
Temporary signs, provided that:
(a)
Each temporary sign shall be moved, removed
or replaced within 90 days.
(b)
Each temporary sign shall be an on-site sign.
(c)
Temporary signs shall not exceed six square
feet in area or a maximum of 32 square feet on any building lot.
(d)
Temporary commercial signs, for work, or services,
being performed on site, shall be removed within seven days after
the completion of the work or service being performed.
(3)
Warning and traffic signs with no advertising thereon,
not exceeding two square feet in area.
(4)
Notice and warning signs: signs including, but
not limited to, burglar and/or fire alarms, dog fences and similar
signs, not to exceed an area of one square foot or two square feet
in aggregate.
C.
Location and height: No signs shall extend within
12 feet of the pavement of any Town-approved road or state highway,
except for temporary signs, provided they do not obstruct visibility
on the road or otherwise create a traffic hazard, and must be located
on private property. No sign shall be located on any roof, and no
sign attached to a building shall project above the top of the wall
of the building. Signs attached to buildings may project into the
area required for setback, provided that the sign does not project
more than 15 inches from the wall of the building. No sign attached
to the ground shall exceed a height of six feet.
[Amended 11-4-2009]
In addition to the standards specified for signs in § 383-186, signs in districts other than Residence Districts shall conform to the following standards, limitations and conditions:
A.
The following signs shall be permitted in all districts
other than the Residence District:
(1)
Private warning and traffic signs with no advertising
thereon and not exceeding four square feet in area, located and intended
for warning read traffic control purposes.
B.
Signs shall observe all setbacks required for buildings
and other structures except as follows:
(1)
Signs attached to or mounted on buildings may project
into the area required for setbacks, provided that the sign does not
project more than 18 inches from the wall of the building;
(2)
On any lot any sign attached to the ground shall not
be located within 12 feet of any street line or property line nor
within 50 feet of a Residence District boundary line; and
(3)
The display sides of any sign located within 100 feet
of a Residence District boundary line or of land in another municipality
zoned primarily for residential purposes shall not face on or be within
45° of facing on such district or zoning area.
C.
LSC and C - number, height and area: Except as permitted under Subsection A, there shall be on any lot no more than one sign attached to the ground. There shall be no more than two exterior signs attached to or mounted on a building for each occupancy. Any sign attached to the ground shall not exceed an area of 100 square feet or 200 square feet in aggregate or a height of 25 feet. On any sign attached to the ground, no portion of the display element shall extend below a height of 10 feet unless less than a height of three feet. Any sign attached to or mounted on a building shall not extend above the top of the wall to which it is attached or mounted. Exterior signs attached to or mounted on a building shall not have a total combined area greater than 15% of the area of the wall to which they are attached or mounted.
D.
LI and OP — number, height and area: Except as permitted under subsection A, there shall be on any lot no more than one sign attached to the ground. There shall be no more than two exterior signs attached to or mounted on a building for each occupancy. Any sign attached to the ground shall not exceed an area of 100 square feet or 200 square feet in aggregate or a height of 15 feet. Any sign attached to or mounted on a building shall not extend above the top of the wall to which it is attached or mounted. Exterior signs attached to or mounted on a building shall not have a total combined area greater than 15% of the area of the wall to which they are attached or mounted. On any sign attached to the ground, no portion of the display element shall extend below a height of 10 feet unless less than a height of five feet, provided:
(1)
The Commission finds that the height, size and
location do not have a negative effect on the health, safety, and
welfare of other commercial enterprises or the residents of the Town
of Orange.
(2)
The Police Chief or his designee has reviewed
and approved the height, size and location of the sign.
E.
BOP District: Except as permitted under Subsection A, there shall be on any lot no more than one sign attached to the ground, and such sign shall not exceed an area of 24 square feet nor 12 feet in any dimension and shall not exceed a height of four feet. The type and configuration of said sign is subject to the Commission's approval. There shall be no more than two exterior signs attached to or mounted on a building, and any such sign shall not extend above the top of the wall to which it is attached or mounted, shall not have an aggregate area greater than 5% of area of the wall to which it is attached or 100 square feet, whichever is less and shall not exceed 20 feet in any dimension. Illuminated signs shall be limited to luminous background silhouette signs with opaque letters and floodlighted signs.
F.
Real estate signs. The following restrictions are
enforced in order to promote the health, safety and welfare of other
commercial enterprises or residents of the Town of Orange.
(1)
One sign allowed per lot, except for corner
lots where two signs will be allowed provided that each sign be placed
at least 150 feet from the corner.
(2)
Real estate signs advertising the sale or lease
of property shall be no greater than 16 square feet per side or 32
square feet in aggregate.
(3)
Real estate signs advertising the lease of a
building or space within a building cannot be put in place prior to
120 days before the expiration of the existing lease agreement and
must be removed within five working days after a lease of the property,
in order to promote the health, safety and welfare of other commercial
enterprises or residents of the Town of Orange.
(4)
In the event of a sale of a property, real estate
signs must be removed within five working days after the closing.
(5)
A sign may not be located whereby its position,
shape, or color may interfere with or obstruct the view of or be confused
with any authorized traffic sign, signal or device. The location of
the sign is subject to the approval of the Zoning Enforcement Officer,
Building Inspector, Police Department or Fire Department.
Any sign may be double facing, and when a sign
is attached to the ground only one face shall be counted in determining
conformity to sign area limitations. All dimensions for signs shall
be based on measurements to the outside edge of the sign, excluding
any structure necessary to support the sign. The area of any sign
shall be the entire area encompassed by the perimeter of the sign,
which perimeter shall be the polygon formed by connecting all the
outermost edges or points of the sign.
Limitations on signs which may be imposed in
connection with the approval of a site plan or the approval of special
use under these Regulations are in addition to the provisions of this
article.
A.
Temporary signs in the Commercial, BOP, and Industrial
Districts.
[Amended 11-4-2009]
(1)
Temporary signs or banners used to identify
or promote a business while an application for a permanent conforming
sign has been filed and the application is pending.
(2)
Temporary signs or banners used to identify
or promote a business while an approved permanent sign is under construction:
not to exceed 30 days without approval of the Plan and Zoning Commission.
(3)
Temporary signs or banners, approved by the
Commission, advertising the grand opening of a commercial enterprise
shall be posted no more than 30 days.
B.
Construction signs erected in connection with an approved
development. The following restrictions are enforced in order to promote
the health, safety and welfare of other commercial enterprises or
residents of the Town of Orange.
(1)
One temporary construction sign per street front
not to exceed 32 square feet in area.
(2)
Temporary construction signs may not be erected
closer than 12 feet to any public roadway or within the public right-of-way.
(3)
Temporary construction signs must be of a height,
size and location that do not have a negative effect on the health,
safety, and welfare of other commercial enterprises or the residents
of the Town of Orange.
(4)
No temporary construction sign shall obstruct
or impair a public sidewalk, public or private street or driveway,
traffic control sign or fire hydrant or otherwise create a hazard
to public safety.
(5)
Temporary construction signs shall be designed
to be stable under all weather conditions, including high winds.
(6)
Temporary construction signs determined to be in violation of § 383-90B(3), (4), or (5) by Town officials are subject to removal by the Town of Orange without notice.
(7)
Development and construction signs may not be
displayed until after the project being promoted has been approved
by the Plan and Zoning Commission and must be removed within 24 hours
after the issuance of a final certificate of occupancy or the expiration
of the zoning approval.
(8)
A "call before you dig" number must be provided
to the Zoning Enforcement Officer prior to construction.
No sign that is nonconforming with respect to
this article which is discontinued or abandoned for a continuous period
of six months shall thereafter be reused, repaired or replaced, except
with a sign which conforms to the standards of this article for the
district in which the property is located. No sign that is nonconforming
with respect to this article shall be replaced, altered or relocated
without conforming to the standards of this article. No existing sign
for any nonconforming use may be enlarged or relocated, unless such
sign conforms to this article. The repainting or minor repair of existing
nonconforming signs is permitted under this section.
The provisions of these Sign Regulations are
declared severable, to the maximum extent permitted by law. If any
provision of provisions of these Sign Regulations or the application
thereof to any person or circumstance is held invalid or unlawful,
it is the intent of the Commission that said invalidity shall not
affect other provisions of these Regulations, which shall remain in
full force and effect as if such portion so declared invalid or unlawful
were not originally part of these Regulations, even if the surviving
parts of the Regulations result in greater restrictions after any
unlawful provisions are stricken. In particular, and without limitation,
in the event any portion of these Regulations is declared invalid
as applied to noncommercial signs, the Regulations, or any surviving
portions thereof, shall remain in full force and effect as applied
to commercial signs.
