[Amended 9-11-2007 by Ord. No. 2007-23]
No office, business or retail establishment
shall display commercial informational signs having more than one
square foot in aggregate area. Store hours signs, with a maximum area
not to exceed 108 square inches (i.e., nine inches by 12 inches) may
be placed in a location near the entrance of to the store.
[Added 9-28-2004 by Ord. No. 24-2004]
A. Any merchant whose primary product is food items sold for consumption
off the premises and whose business is not an approved restaurant
with seating, or is a retail business with 51% of the square footage
of their floor space dedicated to retail merchandise, may choose to
use an outdoor marketing graphic display in lieu of an outdoor display
of merchandise and goods. Such merchant may have either an outdoor
marketing graphic display, or a display of merchandise and goods,
but not both.
[Amended 8-16-2016 by Ord. No. 2016-15]
B. Any such outdoor marketing graphic display shall meet
the following requirements:
(1)
The outdoor marketing graphic display may be
an easel board or a pedestal sign only, except for an merchant providing
prepared food for consumption off the premises or providing food for
preparation at some other location, in which case the display may
be a miniature mannequin (such as a butler, waiter, cook, etc.) on
which a menu or bill of fare or list of specials is displayed.
(2)
The outdoor marketing graphic display shall
not exceed 4.5 feet in overall height and shall have a square footage
not to exceed six square feet. However, if it is a back-to-back sign
and the two sides of the sign are identical, only one side of the
sign shall be measured for the purposes of determining the size of
the sign.
(3)
The store name may not be more than four inches in height if
it is located on the sign.
[Added 8-16-2016 by Ord.
No. 2016-15]
(4)
The outdoor marketing graphic display shall
be located within 30 inches (measuring perpendicular from the front
edge) of the front property line of the property in which the store
is located. The display shall not obstruct the store's front entrance
and a safe, continuous path on the public sidewalk with a minimum
of four feet must be maintained for pedestrian traffic to pass in
front of the property.
(5)
The outdoor marketing graphic display is intended
to feature depictions of the merchant's products but may also display
text. However, that text may not exceed one-half of the total area
of the outdoor marketing graphic display. The text on the sign shall
not be hand-lettered. However, an outdoor marketing graphic display
may be a chalkboard with no depiction of a product, in which case
hand-lettered text is permitted and there is no restriction on the
area of the text.
(6)
The outdoor marketing graphic display shall
not have any moving parts, any internal lighting, any sounds emanating
from it, nor any odor emanating from it, nor shall it have any other
items affixed to it, such as balloons, banners, signs, or any other
similar items.
(7)
The outdoor marketing graphic display may only
be displayed when the merchant with which the sign is associated is
open, shall be removed from the sidewalk every evening at the close
of business, and shall be stored off of the sidewalk when the business
is not open.
(8)
The outdoor marketing graphic display restrictions
in this section of the chapter shall not apply to civic or eleemosynary
organizations.
C. Annual application for permission required; fee. Any
merchant choosing an outdoor marketing graphic display under the provisions
of this chapter shall obtain permission annually from the Borough
of Haddonfield by submitting to the Zoning Enforcement Officer a written
application requesting such permission with a sketch showing the details
of the display and approximate location so that the Zoning Enforcement
Officer can determine if the display would comply with the requirements
of this chapter. An annual application fee shall be paid upon submission
of the application. A first-time application shall be $50. A renewal
application for substantially the same display and location shall
be $25 each year thereafter. The application shall be submitted to
the Zoning Enforcement Officer, who shall review same and submit a
recommendation to the Borough Commissioners. The Borough of Haddonfield
may grant permission in its discretion by resolution under terms and
conditions set by the Borough of Haddonfield. A certificate of insurance
or written commitment from the applicant’s insurer that a certificate
of insurance will be issued upon approval of the permit, providing
for a minimum of $1,000,000 of general liability coverage applicable
to the outdoor eating facility and including a written provision including
the Borough of Haddonfield as an additional named insured to cover
any claims related to the outdoor marketing graphic display, in order
to safeguard and protect the public. The Borough of Haddonfield, in
its discretion, may revoke any permission granted whenever it deems
necessary.
[Amended 2-26-2008 by Ord. No. 2008-05]
D. Suspension of chapter by Commission authorized. The
Borough Commission, by resolution, may suspend the operation of this
chapter or may prohibit the outdoor marketing graphic display on certain
days and times, and for certain events.
E. Control and enforcement. The following control and
enforcement provisions shall apply to this chapter:
(1)
If the Administrative Officer determines that
any outdoor marketing graphic display is in a state of disrepair,
unclean or not in compliance with the permit, or if the Administrative
Officer has determined that the holder of the permit or the owner
of the real estate for which the permit is issued is in violation
of any other municipal ordinance or regulation or state statute or
regulation, the Administrative Officer shall give written notice to
the permit holder of the unsatisfactory condition of the facility
and/or the violation of the terms of the permit, or the ordinance,
statute or regulation of which the holder of the permit or property
owner is in violation.
(2)
The permit holder shall thereafter have five
days to correct the unsatisfactory condition or permit violation,
or ordinance, statute or regulation violation. If the unsatisfactory
condition or violation is not so corrected within the five-day period,
the Administrative Officer may thereafter suspend the permit and any
outdoor marketing graphic display must be removed.
(3)
The Administrative Officer shall also report
the violation to the Board of Commissioners who may, at its discretion,
revoke the permit, continue the suspension or lift the suspension,
pursuant to the provisions of this chapter.
(4)
The Administrative Officer may, in addition
to suspending the permit or as an alternative, file a Municipal Court
complaint or a Superior Court complaint against the permit holder,
or take any other lawful action to enforce the ordinance, statute
or regulation violated.
(5)
The Administrative Officer may file a complaint
in Municipal Court or in Superior Court against any individual or
entity that places an outdoor marketing graphic display in the right-of-way
as provided for in this chapter, without obtaining a permit pursuant
to this chapter, or take any other lawful action to enforce the ordinance,
statute or regulation violated.
F. Violations and penalties. Any person that shall violate any part of this chapter, or do any act or thing prohibited, or refuse to do any act required to be done, or refuse or fail to comply with an order of the Zoning Administrative Officer, or an order of the Borough Board or Commission with jurisdiction in this chapter, shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to the penalties provided in Chapter
1, General Provisions, §
1-14. Whenever such person shall have been officially notified by the Zoning Administrative Officer or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.