Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 9-3-2013 by Ord. No. 2013-11. Amendments noted where applicable.]
GENERAL REFERENCES
Land development and procedures — See Ch. 162.
Business permits — See Ch. 180.
Retail food establishments — See Ch. 244.
213a Schedule A-1 213b A-Frame

§ 213-1 Special license required.

Temporary secondary signs for retail or food handling establishments (but not for home occupations) which have a valid business license pursuant to Chapter 180 of this Code are permitted by special license in all zones where nonresidential uses are permitted to use temporary secondary signs, when such signs are designed, constructed, and placed in conformance with this chapter.

§ 213-2 Conditions for use.

Temporary secondary signage is permitted for each licensed business, subject to the following conditions:
A. 
No sign shall be placed within 15 feet of any intersection or abutting a property line.
B. 
No sign shall be placed within 20 feet of a residential zone or a parcel containing only residential uses.
C. 
No sign shall be illuminated in any way or incorporate electrical, electronic or reflective enhancements or elements.
D. 
No sign shall contain any obscene material.
E. 
No sign shall reference any activity or use other than the business of the licensee at the licensed location.
F. 
On Main Street between Route 206 and Collis Lane, no freestanding sign shall be placed more than 20 feet from the establishment's pedestrian entrance, provided that the sign shall not interfere with building access. [See Code § 163-91N.]
G. 
No sign shall contain sharp edges or sharp corners that are potentially hazardous to pedestrians.
H. 
No sign shall have movable parts or copy.
I. 
No sign shall have any audible functions or features.
J. 
Nothing shall project more than one inch from the sign face, and nothing shall extend beyond the sign frame.
K. 
Any signs pursuant to this chapter shall comply with the specifications (including materials, design, color and dimensions) set forth in Schedule A-1 appended to this chapter.
L. 
Nothing, including but not limited to a picture, poster, pennant, pinwheel, streamer, or balloons, for example, shall be affixed, taped or attached to a permitted temporary secondary sign. [See also Code § 163-91L.]
M. 
A permitted sign shall be displayed only when the establishment is open, but no earlier than 6:30 a.m. nor later than 10:00 p.m. prevailing time. At all other times, temporary secondary signs must be stored indoors.
N. 
A freestanding, double-sided sign may be placed in or near the sidewalk only where a minimum five-foot clear sidewalk is maintained (an unobstructed area serving as circulation space for pedestrians). A freestanding, double-sided sign may be placed adjacent to the sidewalk if the existing sidewalk is less than five feet wide, consistent with Subsection P, below, of this section, provided that existing sidewalk remains clear.
O. 
A temporary secondary sign may be placed on a patio, porch or courtyard or mounted flush onto a building, wall, or railing.
P. 
If a licensee qualifies for more than one temporary secondary sign, only one temporary secondary sign per public pedestrian entrance to the business may be displayed at the same time.
Q. 
No license for a temporary secondary sign shall be issued to any business owner if there is any outstanding building or zoning violation.

§ 213-3 Procedures and limitations.

The following procedures and limitations apply to all applicants for a temporary secondary sign license:
A. 
Only business owners having a current business license are eligible to apply for a temporary secondary sign license.
B. 
The temporary secondary sign license shall be valid for one calendar year.
C. 
An applicant for a temporary secondary sign shall submit the required fee as identified in Chapter 127.
D. 
The applicant shall submit an informal plan view sketch with sufficient detail and measurements to clearly show the proposed sign location. The submission shall be reviewed by the Zoning Officer, in consultation with a sign advisory committee established for this purpose, and a decision rendered thereon with 21 days of submission.
E. 
More than one business owner may apply for and share a single temporary secondary sign license, provided that not more than one temporary secondary sign is displayed at a time, which shall be established by agreement of the applicants.
F. 
If the sign location is within a county, state, or local right-of-way, evidence of approval or exemption from the appropriate authority shall be a condition of issuance of the local temporary secondary sign license.
G. 
By license, subject to approval and conditions of a temporary secondary sign license issued in accordance with this chapter, all permitted temporary secondary signs shall conform to the specifications set forth in Exhibit A-1 attached hereto.

§ 213-4 Temporary Secondary Sign Advisory Committee.

A. 
Establishment. There is hereby established each year a Temporary Secondary Sign Advisory Committee that shall review and approve applications for temporary secondary signs and issue licenses for same.
B. 
Term. The term for each member of the Temporary Secondary Sign Advisory Committee shall be the regular calendar year.
C. 
Membership. The Temporary Secondary Sign Advisory Committee shall consist of three members, composed of the Zoning Officer, a member of the Borough's governing body (Chair of Community Relations), and a member of the Planning Board, appointed by the Mayor with the advice and consent of the Council, for one-year terms. The Committee shall function as a subcommittee of the Planning Board.
D. 
Duties. In lieu of minor site plan approval with respect to temporary secondary sign license applications only, the Committee is authorized to meet informally with the applicant and administratively approve such licenses by consensus, reporting such approvals to the Planning Board. In this process, the Committee may allow reasonable deviations from the design standards of this chapter.
E. 
Appeals. If the Committee does not approve an application for a temporary secondary sign license, then the Committee shall advise the Planning Board of its reasons in writing. The applicant may appeal a decision or denial by the Committee to the Planning Board within 10 days of the denial. The Planning Board shall then hold a hearing and within 45 days report its findings and recommendations to the Borough's governing body. No notice or publication shall be required for a Planning Board hearing appealing a determination of the Committee. The Borough's governing body may decide the matter on the report and recommendations of the Planning Board within 45 days of receipt.

§ 213-5 Application.

A. 
The Borough Clerk shall prepare an application form for a temporary secondary sign special license, which shall be available at the office of the Zoning Officer.
B. 
The application shall require the following:
(1) 
The name, address, and telephone number of the applicant;
(2) 
The name, address, and telephone number of the business owner or operator;
(3) 
The address at which the requested sign is to be located;
(4) 
Submission of an informal plan view sketch with sufficient detail and measurements to clearly show the proposed temporary secondary sign location; and
(5) 
Such other information which the Borough Clerk and/or Zoning Officer may deem appropriate.
C. 
The Zoning Officer shall review the application for completeness and make recommendations to the Temporary Secondary Sign Advisory Committee regarding the conformity of the proposal with the requirements of this chapter.
D. 
Any license issued pursuant to this chapter shall include an acknowledgement form signed by the applicant that specifies the type of sign permitted by the license issued and the permitted location of same.
E. 
The Zoning Officer shall advise the Planning Board of license application determinations, at the next regularly scheduled Planning Board meeting following such determinations.

§ 213-6 Enforcement; violations and penalties.

A. 
Summary removal. The Zoning Officer, a police officer, the Borough Engineer, or the Construction Official may immediately confiscate and remove a temporary secondary sign which is in violation of this chapter, including but not limited to being unlicensed, or which violates any condition of its license, including time of display and/or approved location. If a business owner's sign is confiscated for a second time, then the Zoning Officer shall revoke the business owner's license for the current year, and the business shall be ineligible to apply for a temporary secondary sign license for the succeeding calendar year.
B. 
Penalties. Violations of this chapter shall also be subject to a fine as set forth in § 1-17 of the Code of the Borough of Chester.

§ 213-7 Sunset.

This chapter shall expire on December 31, 2016, and be of no further force and effect. Upon expiration of this chapter, no secondary signage shall be permitted unless specifically approved by the Borough Planning Board, or Zoning Board of Adjustment.