Orange City Zoning Code
ARTICLE XIX
Signs
§ 383-184 General.
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.
§ 383-185 Definitions.
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
§ 383-186 Standards for all districts.
[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.
§ 383-187 Regulations for Residence District.
[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.
§ 383-188 Regulations for other districts.
[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. 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 it is less than a height of three feet. However, the display portion of a ground sign may be higher than three feet, but less than 10 feet, provided:
[Amended 4-3-2024]
(1)
The ground sign is not at any time located within 20 feet of any edge of street pavement.
(2)
The Commission finds that the height, size, and location do not have a negative effect on the health, safety, and welfare of the other commercial enterprises or the residents of the Town of Orange.
(3)
The location of the sign is subject to the approval of the Zoning Enforcement Officer, Building Inspector, Police Department, and/or Fire Department.
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.
§ 383-189 Measurements.
[Amended 8-19-2025]
For purposes of this chapter "Accent Lighting" means lighting on the exterior of the building which has a primary aesthetic, architectural purpose, not for nighttime site illumination for people or vehicles. 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, including Accent Lighting on that elevation if any, which perimeter shall be the polygon formed by connecting all the outermost edges or points of the sign.
§ 383-190 Site plans and special exceptions.
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.
§ 383-191 Nonconforming signs.
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.
§ 383-192 Severability.
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.