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Orleans City Zoning Code

ARTICLE IX

Sign Regulations

§ 164-9.1 Purpose.

It is the purpose of this section to regulate the size, location, and appearance of signs within the Town of Orleans in order to facilitate the smooth and safe flow of traffic within the Town while preserving the essential character of the neighborhoods in which signs are located.

§ 164-9.2 Sign Permits.

A. 
No sign shall be erected or altered without a permit granted by the Building Commissioner, except as otherwise provided herein. All signs, other than temporary signs, shall be subject to review and approval by the Architectural Review Committee under § 164-10.2C.
B. 
All applications for sign permits shall include a sketch or photograph of the proposed sign showing size, colors, and materials used, and a site plan for the associated property showing the height and proposed location of the sign as well as locations of buildings, driveways, street lines, and pavement edges, as well as the location of any trees or shrubbery which might interfere with traffic visibility.
C. 
The following signs may be erected without a permit granted by the Building Commissioner, provided that they conform in all respects to height setback, and other restrictions as set forth elsewhere in this By-law:
(1) 
One permanent sign not to exceed 4 square feet in area identifying the principal occupant of a dwelling in a residential or other zone.
(2) 
One temporary sign not to exceed 6 square feet in area advertising property for sale, rent, or lease, or no more than 5 open house signs. Such sign shall be removed within 10 days of transfer of title or signing of lease or rental agreement.
(3) 
Permanent signs not exceeding 4 square feet in area whose purpose is solely for direction of traffic, such as "Enter", "Exit", "Parking" and the like and which contain no advertising information.
(4) 
Accessory signs such as "Open", "Closed", "Sale", and the like not exceeding 3 square feet in area which are attached to signs for which permits have been issued. One flag of a similar nature is permitted for each street facing side of the business, up to 6 square feet in area.
(5) 
Signs within the confining walls of a building or window signs.
(6) 
Legal notices, or informational signs erected or required by government bodies.
(7) 
Church, school, municipal, historical, and ladder type signs for residential property owners' group listings.
(8) 
One contractor sign for the general contractor or contractor who takes out a building permit to work on property, not to exceed 4 square feet in area. Such signs shall be removed promptly upon completion of the contracted services, or within 1 year of date of permit, whichever comes first.
D. 
Temporary Sign Permits. Upon at least 24 hours notice, the Building Commissioner may issue, permits for the erection of signs advertising yard or garage sales, special events, and the like. Not more than 5 such signs shall be permitted per event. Such signs shall conform to the bylaw in all other respects and shall be removed within 24 hours after the end of the event. Such signs shall meet the dimensional requirement set forth in § 164-9.10, but shall not exceed 6 square feet in sign area.
E. 
Fees. Fees may be charged for the issuance of a sign permit in accordance with a schedule determined by the Select Board.

§ 164-9.3 Signs for Customary or Self-Employed Home Occupation.

One sign not to exceed 6 square feet in area shall be permitted for a customary self-employed or home occupation in any zone for which a Special Permit or Variance has been granted by the Zoning Board of Appeals, subject to any restrictions as to lighting, etc., imposed by the Zoning Board of Appeals, provided that such sign conforms in all other respects to the provisions of this section.

§ 164-9.4 Projecting Signs.

A. 
Projecting signs of up to 3 square feet in area are permitted to project over walkways and shall maintain a clearance height of 8 feet below the bottom of the sign. No sign shall project over any lot line or any way intended for vehicular traffic.
B. 
No sign affixed to any building shall project more than 4 feet in any direction beyond the exterior walls of such building. Such signs shall meet the dimensional requirement set forth in § 164-9.10.

§ 164-9.5 Banner Signs.

A. 
Banner signs are permitted in all business districts for not more than 4 calendar days in any one calendar month. There is a limit of 1 and a temporary sign permit is required, which permit shall not be for longer than 4 months. All banner signs are subject to § 164-9.10.
B. 
Notwithstanding anything else contained in Article IX to the contrary, banners advertising Town sponsored events or any other events which the Select Board determine after due consideration provide significant public benefit, may be placed at a location across Main Street and or Eldredge Park Way provided that any such banner and its location is approved by the Select Board or, if designated by the Select Board, the Town Manager. In the event multiple requests are made for common time period the Select Board or the Town Manager, as the case may be, may give preference in scheduling and location to Town sponsored events. Banner(s) shall be no more than 20 feet in length and 2 feet in height and shall be strung in such a manner so the bottom of the banner is 15 feet off the road surface. Any such banner shall be temporary in nature and removed as soon as practicable after the event to which it refers has ended. The Select Board is hereby authorized to promulgate rules and regulations as they deem necessary to carry out the provisions of this paragraph.
C. 
Eldredge Park Sponsorship Banner Signs.
Notwithstanding anything in this section to the contrary, banner signs may be displayed at the Town-owned property shown as Parcel 1 on the Town Assessor's Map 41 and known as Eldredge Park, by non-profit organizations having a license or use agreement with the Town for the use of Eldredge Park, subject to the following conditions:
(1) 
Banner signs shall be limited to signs recognizing sponsors of the non-profit organization;
(2) 
Issuance of a sign permit from the Building Commissioner;
(3) 
The approval of the Park Commissioners;
(4) 
Banner signs may be displayed for up to 90 days and must be removed promptly after the permitted time period;
(5) 
Banners may only be placed on approved locations on the dugouts or fence;
(6) 
Placement and removal of the banner shall be done by the licensed non-profit organization;
(7) 
All banners must be kept in good repair; and
(8) 
Subject to any rules and regulations of the Park Commissioners and the Park Commissioners are authorized to promulgate rules and regulations as they deem necessary to carry out the provisions of this section.
The Town is the owner of Eldredge Park located on the corner of Eldredge Parkway and South Orleans Road (Route 28) in Orleans, MA.

§ 164-9.6 A-Frame & Sandwich Board Signs.

One A-frame, sandwich board, or other temporary sign is allowed per business not to exceed 6 square feet in area, which may advertise the principal use without being considered one of the 3 signs allowed per business. Such signs shall not be fixed to the ground and must be removed daily. Such signs may not be installed within the layout of a public road without approval of the Orleans Select Board, or its designee, nor within 2 feet of the travelled surface of any road.

§ 164-9.7 Ladder Signs.

On any lot on which 3 or more businesses are located, all freestanding signs shall be of the ladder type, and no business shall be permitted a freestanding sign other than a sign located on the ladder. In cases where businesses are not readily visible from the street, 1 additional sign may be allowed by Special Permit.

§ 164-9.8 Window Signs.

Window signs for an identified business shall not obscure more than 25% of the surface area of the windows on any one side of the building or portion of a side of a building occupied by the business. Temporary window signs exceeding this amount of area may be displayed for up to 24 consecutive days, 2 times per year.
Window signs shall be measured according to the definition of sign area in § 164-2.1. The surface area of a window shall include the gross area within the exterior frame of the window. Window signs shall not be included in the total number of signs allowed per business and shall not be limited in number. No fee or permit shall be required.

§ 164-9.9 Prohibited signs.

The following types of signs shall be prohibited:
A. 
Any sign which employs intermittent or flashing lights, whirling or similar moving devices, or which emits any loud sounds.
B. 
Any internally illuminated sign.
C. 
Off-premise signs. Off premise signs shall be prohibited except:
(1) 
Subdivision identification signs at entrance to subdivisions; or
(2) 
Signs allowed in public display areas as designated by the Select Board; or
(3) 
Signs advertising yard or garage sales, open house, special events, and the like. Such temporary off-premises signs may not be installed within a public road layout without approval of the Select Board or its designee, nor within 2 feet of the travelled way of a road.
D. 
Billboards.
E. 
Signs attached to trees or utility poles.
F. 
Temporary signs except as described in § 164-9.2D or § 164-9.2C(2).
G. 
Inflatable signs.
H. 
Sandwich board or A-frame type signs that exceed 6 square feet in area.

§ 164-9.10 Size, Height, Setback and Other Restrictions.

A. 
Size and Location.
(1) 
Signs shall be governed as to size and location according to the following table:
Setback from Property Line
(feet)
Maximum Height for Freestanding Sign
(feet)
Maximum Sign Area
(feet)*
1 - 3
3
6
3 - 10
6
15
10 - 25
10
32
Over 25
12
60
NOTES:
*Area for signs on ladder signs shall be computed individually without regard for open space between signs, and maximum aggregate sign area shall be as set forth above, except that the maximum aggregate area for ladder signs specified in § 164-9.7 above may be increased up to 1/3 by Special Permit from the Zoning Board of Appeals.
(2) 
No sign shall be located closer than 10 feet to any side lot line except on the panhandle portion of panhandle lots.
B. 
Waiver of Setback Requirement. In cases where the distance from the pavement edge to the property line exceeds 10 feet, the setback requirement may be waived on recommendation of the Planning Board and Traffic Study Committee, and setbacks may be computed from the pavement edge instead of the property line. In no case shall any sign be located closer than 1 foot from any property line.
C. 
Number of Signs: No business shall have more than 3 signs other than accessory signs not requiring permits as described elsewhere in this Bylaw. No residence shall have more than 1 sign.

§ 164-9.11 Erection Time, Inspection and Removal of Sign Violations, and Preexisting Signs.

A. 
A sign permit shall become void for any sign which is not erected within 6 months of date of issuance of such permit.
B. 
All signs for which permits are required shall be subject to inspection to check conformance to site plan and Bylaw restrictions. Requests for inspection shall be made to the Building Commissioner within 10 days of erection of any sign requiring a permit.
C. 
A sign that is determined by the Building Commissioner to be in violation of this section shall be removed or modified within 10 business days of such determination.
D. 
Preexisting, nonconforming signs. Permanent signs that do not conform to this section, lawfully erected before enactment of this section, or permanent signs not yet erected but for which permits have been granted prior to enactment of this section may be erected and/or maintained, provided that such erection shall take place within 90 days of enactment of this section.
E. 
Sign permits shall be deemed to be associated with the use, service or activity with which the sign is associated and shall become void 30 days after such use, service or activity ceases. Signs whose permits have become void under this provision shall be removed promptly by the end of this 30-day period. Signs for uses, services or activities of a seasonal nature that are removed during the off-season may be re-erected, and their permits remain in effect, provided that a period of 1 year has not elapsed since removal of the sign.
F. 
Alterations to a preexisting, nonconforming sign shall require the sign to come into compliance with all of the requirements herein. For the purpose of this section, alterations shall consist of changes in any way including change in structure, location, design or lettering.

§ 164-9.12 Lighting of Signs.

Lighted signs shall conform with the Outdoor Lighting Bylaw, Chapter 122 of the Orleans General Code.