[HISTORY: Adopted by the Town Board of the Town of Orangetown 3-23-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
This chapter shall hereafter be known and cited as the "Sign
Law of the Town of Orangetown."
The intent and purpose of these regulations is to establish
a reasonable framework for signage that recognizes the rights of citizens
to exercise free speech and facilitates communication, at the same
time recognizing the need to protect the safety and welfare of the
public, maintain attractive appearance in the community, and allow
adequate business identification. It is the further intent of these
regulations to maintain a balance between the commercial needs of
business enterprises and their visual impact on residents and visitors
of the Town. To these ends, the regulations seek to ensure that all
signs within the Town of Orangetown:
A.
Are compatible with their surroundings and consistent with the objectives
of proper design and zoning considerations.
B.
Allow and promote optimum conditions for meeting the sign user's
rights and needs while at the same time promoting an attractive environment
desired by the general public.
C.
Are designed, constructed, installed, and maintained in such a manner
that they do not endanger public safety or traffic safety.
D.
Are visible and legible in terms of the message they are intended
to convey.
A.
No person, including any owner, lessee, or other occupant of any
premises, shall erect, construct or display, or permit the erection,
construction, or display of any sign within the Town of Orangetown,
other than in accordance with the provisions of this chapter.
B.
Amortization. A sign not complying with this chapter, but in place
legally on or before the effective date of this chapter, shall be
removed, or brought into compliance with this chapter, by January
1, 2024. Signs that were not placed legally represent a continuing
violation and shall be removed immediately. Temporary signs shall
not be amortized and must adhere to the requirements of this chapter
upon the effective date of this local law.
C.
Continuance. A nonconforming sign may be continued during the amortization
period if it is maintained in good condition. It shall not, however,
be replaced by another nonconforming sign. Change in copy, design,
colors or materials constitute a nonpermitted replacement. Such sign
may not be structurally altered so as to prolong the life of the sign.
Additionally, nonconforming signs may not be reestablished after damage
or destruction if the Building Inspector determines that the estimated
cost of reconstruction exceeds 50% of the estimated replacement cost.
As used in this chapter, the following terms shall have the
meanings indicated:
Any cloth, bunting, plastic, paper, or similar nonrigid material
used for advertising purposes attached to any structure, staff, pole,
line, or other framing.
A permanent off-premises outdoor advertising sign erected, maintained or used for the purpose of commercial or noncommercial messages. EV charging/display kiosks in compliance with § 31C-8 below and gas station pump display monitors in compliance with § 31C-9 below shall not be considered billboards.
[Amended 4-12-2022 by L.L. No. 1-2022]
A sign having a size no larger than six square feet, mounted
on the ground using one or more posts.
A combined electric vehicle charging kiosk with internally
illuminated LED or other digital display.
[Added 4-12-2022 by L.L. No. 1-2022]
A monitor, video screen or other digital display panel that
is a part of or attached to a gasoline service station pump.
[Added 4-12-2022 by L.L. No. 1-2022]
The vertical distance from the uppermost point used in measuring
the area of a sign to the average grade immediately below and adjoining
the sign.
Any announcement, declaration, demonstration, billboard display,
illustration, symbol, token, figure, device, design, banner, image
or insignia used to promote or advertise the interests of any person,
group of persons, company, corporation, service or product when the
same is placed, erected, attached, painted or printed where it may
be viewed from the outside of any structure on the premises where
placed. The display of merchandise and products inside a building
and located at least two feet from a window shall not be considered
a sign.
The area within the outside perimeter of all faces of a sign,
including all decorations or the entire sign, if portable, but excluding
supports, if any, unless the same are illuminated. In computing "sign
area," the area of all faces of a sign shall be counted, except that
the "area of a double-faced sign" shall be computed by computing the
area of one side thereof. Where any neon tube, string or incandescent
lights or similar device is utilized, the "sign area" shall be the
area within the maximum length and total height of the lettering or
device.
The area of a building wall below 30 feet abutting on a street,
including windows and doors.
A sign that directs attention to a business, commodity, service, entertainment or attraction conducted, sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot. EV charging/display kiosks in compliance with § 31C-8 below and gas station pump display monitors in compliance with § 31C-9 below shall not be considered advertising signs.
[Amended 4-12-2022 by L.L. No. 1-2022]
Any sign that uses movement or a change of lighting to depict
action or create a special effect or scene.
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold or offered upon
the same lot where sign is displayed. A "For Sale" or "To Let" sign
related to the lot on which it is displayed shall be deemed to be
a "business sign."
An exterior computer-programmable sign capable of displaying
words, symbols, figures or pictures images that can be altered or
rearranged by remote or automatic without altering the face or surface
of the sign. Typically, these signs utilize LEDs (or light-emitting
diodes), plasma or LCD technology to produce the character and graphic
of the display.
Any sign, picture, symbol or combination thereof designed
to communicate information that is placed inside a window or upon
the window panes or glass and is visible from the exterior of the
window. An interior sign, including those on blinds and curtains,
that faces a window exposed to public view that is located within
three feet of the window is considered a window sign for the purpose
of calculating the total area of all window signs.
Any sign intended to be displayed for a limited period of
time and capable of being viewed from any public right-of-way, parking
area or neighboring property. Banners, pennants, bunting, streamers
and similar devices shall be considered temporary signs.
A.
The number and size of accessory signs for each zoning district is provided in Chapter 43, Zoning, Use Tables, Column 5.
B.
The respective land use boards of the Town of Orangetown have authority
under various Code provisions to review and approve signage relating
to land use applications. When the land use boards are considering
the appropriateness of signage, they shall be guided by the provisions
of this chapter.
C.
The signs, devices and installations listed below are prohibited
anywhere in the Town of Orangetown.
(1)
Flashing, moving, animated, digital (except time, date or temperature or, for gas stations, price), or fluttering signs (Fire departments, school districts, governmental entities, religious institutions, and civic organizations such as the Rotary Club, Lions Club or Chambers of Commerce are exempt from this prohibition). EV charging/display kiosks in compliance with § 31C-8 below and gas station pump display monitors in compliance with § 31C-9 below are also exempt from this prohibition.
[Amended 4-12-2022 by L.L. No. 1-2022]
(2)
Signs that emit smoke, visible vapors or particles, sound or odor.
(3)
Signs of such design and location that they interfere with, compete
for attention with or may be mistaken for a traffic signal.
(4)
Billboards.
(5)
Signs that are displayed in such a manner as to be hazardous to traffic.
(6)
Window and door signs that exceed 15% of the glass area.
(7)
Signs that are painted, pasted, printed on or hung from any wall,
facade, roof, window, door, curbstone, flagstone, pavement or any
portion of any sidewalk or street except house numbers, traffic control
signs, and other signs specifically authorized by Town Code.
(8)
Except as otherwise permitted in this chapter, signs which are not
accessory to a use located on the premises.
(9)
Highly reflective glass or fluorescent paint.
(10)
Any sign erected, constructed, or maintained above the primary
roof or roof peak of a building.
(11)
Internally lit "can" or cabinet signs with transparent backgrounds.
(12)
Inflatable signs or devices.
(13)
Temporary signs that have a maximum total sign area of over
32 square feet or exceed 10 feet in height or width.
(14)
Signs attached to utility or light poles (other than for utility
identification purposes), trees, fences, traffic signs, and street
markers.
D.
No sign, other than signs placed by agencies of the government, shall
be placed on any public property, parkland, highway or right-of-way.
Any signage so placed may be removed by the Town without notice.
E.
No sign shall be placed on any private property without the consent
of the owner thereof.
F.
No sign shall be erected at the intersection of any streets in such
a manner as to obstruct free and clear vision; or at any location
where by reason of the position, shape or color it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal or device, or which makes use of the words "STOP," "LOOK,"
"DRIVE-IN," "DANGER," or any other word, phase, symbol or character
in such manner as to interfere with, mislead or confuse traffic. This
shall not prohibit signs in private parking lots as directed by the
Planning Board.
G.
No sign shall be erected, relocated or maintained so as to prevent
free ingress to or egress from any door, window or fire escape.
H.
Sign lighting. Illuminated signs may be directly or indirectly lighted,
provided that they comply with the following standards:
(1)
Illumination of directly illuminated signs shall be of the diffused
lighting type.
(2)
Indirectly illuminated signs with external spot- or flood-lighting
must be arranged such that the light source is directed away from
passersby. The light source must be directed against the sign such
that it does not shine into adjacent property or cause glare for motorists
and pedestrians.
(3)
Floodlights or spotlights used for the illumination of signs, whether
such lights are attached to or separate from the building, shall not
project light beyond the sign. Gooseneck reflectors and lights shall
be permitted, provided that the reflectors shall be provided with
proper glass lenses concentrating the illumination upon the area of
the sign so as to prevent glare upon the street or adjacent property.
(4)
All lighting in connection with signs shall be extinguished by 11:00
p.m. prevailing time, or at the close of business or activity services
by said signs or lights; provided, however, that the Building Inspector
may authorize exterior lighting at additional hours to assist in the
protection of properties which otherwise may be subject to this section
when so recommended by the Chief of Police of the Town of Orangetown.
Town of Orangetown land use boards, when considering the appropriateness
of signs, shall consider the following matters, not relating to content:
A.
Regulations relating to sign size, number of signs, and minimum setback
standards are contained in Column 5 of the Table of General Use Regulations
for each zoning district.
B.
All signs should be architecturally integrated with their surroundings
in terms of size, shape, color, texture and lighting so that they
are complementary to the overall design of the building.
C.
Signs should reflect the character of the building and its use.
D.
Signs should respect the context of the building's location and the
overall character of the area.
E.
Signs should complement the primary design elements of unique architectural
features of buildings.
F.
Signs should not cover or obscure important architectural features
of the building.
G.
Primary signs should contain only the name of the business and/or
its logo or the address.
H.
The colors and lettering styles should complement the building facade.
I.
The design and alignment of signs on multiple use buildings should
complement each other such that a unified appearance is achieved.
J.
The size of letters and graphics should be no larger than what is
necessary to display a legible and aesthetic text.
In all zoning districts, temporary signs are authorized as follows:
A.
Bracket signs with a maximum total sign area of six square feet are
authorized without set back limitations.
B.
Temporary signs that have a maximum total sign area of 32 square
feet or less.
C.
Temporary signs shall not exceed 10 feet in height or width.
D.
All temporary signs that are not bracket signs must have a setback
from the designated street line of a minimum of five feet.
E.
All temporary signs shall be removed within 90 days of their initial
placement and may not be re-posted for a period of 60 days.
[Added 4-12-2022 by L.L. No. 1-2022[1]]
EV charging/display kiosks are authorized in CC, CO, CS, LI,
LIO, LO and OP zones, subject to the following conditions:
A.
There shall
be a maximum of two EV charging/display kiosks per property.
B.
EV charging/display
kiosks shall not exceed 22.5 square feet in size and 7.5 feet in height.
C.
EV charging/display
kiosks display screen shall not exceed nine square feet in size.
D.
EV charging/display
kiosks shall be equipped with an auto-dimming feature.
E.
EV charging/display
kiosks shall limit content-refresh rates to no more than every eight
seconds.
F.
EV charging/display
kiosks shall be located within 100 feet of the front facade of the
business building on the site.
G.
EV charging/display
kiosks shall be set back a minimum of 70 feet from a public right-of-way
or property line.
[Added 4-12-2022 by L.L. No. 1-2022]
Gasoline service stations in compliance with the conditional
use standards contained in § 8.6 of the Orangetown Zoning Code[1] may install and utilize one gas station pump display monitor
per pump. Such gas pump display monitors shall not exceed four square
feet in size.
A.
Administration. This chapter shall be administered by the Building
Inspector of the Town of Orangetown, who shall be responsible for
the inspection, investigation and pursuit of compliance through enforcement
of all the provisions of this chapter.
B.
Enforcement.
(1)
The Building Inspector, his or her subordinates, and Town officials
with code enforcement authority shall enforce all provisions of this
chapter and are empowered to cause any sign, place or premises to
be inspected and to order in writing the remedying of any condition
found to exist in violation of any provision of this chapter.
(2)
All written notices issued shall be by first-class mail and shall
be posted on the premises in full view, or by certified mail, return
receipt requested, to the last known address of an owner, tenant,
lessee or other cited person or business entity.
(3)
For the purposes of any prosecution pursuant to this chapter, it
shall be presumed that the owner, tenant, lessee, agent, property
manager, sign company, contractor or any other person involved with
the building where a violation of this chapter has been committed
or exists is subject to penalties in accordance with the provisions
of this chapter.
(4)
Any sign placed on Town property or in a Town right-of-way in violation
of this chapter may be removed by the Town without notice to the owner
of the sign. The cost of such removal may be charged to the owner
of the sign and the person responsible for placing the sign.
The phrases, clauses, sentences, paragraphs, and subsections
of this chapter are severable, and if any phrase, clause, sentence,
paragraph, or subsection of this chapter shall be declared unconstitutional
or otherwise unlawful by the valid judgment, decree, injunction or
order of a court of competent jurisdiction, such ruling shall not
affect any of the remaining phrases, clauses, sentences, paragraphs,
and subsections of this chapter.
