A.
Purpose. The purpose of these sign regulations is to preserve the public health, welfare and/or safety within the Borough of Fort Lee by the following:
(1)
Promotion of safety on highways and roadways by:
(a)
Establishment of a clear and orderly pattern of signs that are appropriately designed to be compatible and not competitive with other signs;
(b)
Reduction of obstructions, distractions and other conditions which cause confusion or otherwise threaten to compromise pedestrian and vehicular safety;
(c)
Promotion of ready identification of governmental and institutional sites and events;
(d)
Coordination of signs with prevailing speed limits and highway or roadway conditions.
(2)
Promotion and protection of the Borough's visual resources by:
(a)
Creation of a pleasing streetscape;
(b)
Encouragement of artistic, creative, expressive and distinctive signage of appeal and quality appropriate to the respective environs;
(c)
Encouragement of signage compatible and reflective of desirable architectural buildings and features;
(d)
Eradication and prevention of visual clutter caused by the competitive proliferation of signs, disorderly placement, excessive height, size and illumination and redundancy.
(3)
Promotion of commerce in Fort Lee by:
(a)
Affording each Borough profession, business, industry and service a fair and protected opportunity to communicate, identify and safely and effectively direct traffic to its site by means which are expressive of identity and appropriate to the nature of the enterprise and the surroundings;
(b)
Creating a distinctive commercial environment which attracts business because of a heightened visual quality and image.
B. AWNING BANNER BILLBOARD BILLBOARD SIGN EXTENSION (aka CUT-OUT) BUILDING INSPECTOR BOROUGH CONSTRUCTION OFFICIAL ELECTRONIC MESSAGE CENTERS ERECT FACADE IMPROVEMENT FLAG FLAG, OFFICIAL FLAG, TRADEMARK FRONTAGE GARAGE SALE GASOLINE SERVICE STATION GASOLINE SERVICE STATION CANOPY OPAQUE PARKING AUTHORITY PLINTH SIGN SIGN, ABANDONED SIGN, ADVERTISING SIGN, ANIMATED SIGN AREA SIGN, AWNING SIGN, BLADE SIGN, BUSINESS SIGN, CHANGEABLE COPY SIGN, CONSTRUCTION INFORMATION SIGN COPY SIGN, DAILY ADVERTISING SIGN, DIRECTIONAL SIGN, DIRECTORY SIGN, DRIVE-THROUGH MENU BOARD SIGN FACE SIGN, FLASHING SIGN, FLUTTERING SIGN, FREESTANDING SIGN, GARAGE SALE SIGN, GASOLINE SERVICE STATION PRICE SIGN, HELP WANTED SIGN, ILLUMINATED SIGN, INFORMATION SIGN, INSTITUTIONAL SIGN, INTERNALLY ILLUMINATED SIGN, MEMORIAL or TABLET SIGN, MONUMENT or GROUND SIGN SIGN, NEON SIGN, OCCUPATIONAL/IDENTIFICATION SIGN, POLE SIGN, POLITICAL SIGN, PORTABLE SIGN, PROFESSIONAL SIGN, PROJECTING SIGN, PYLON SIGN, ROOF SIGN, SANDWICH BOARD SIGN, TEMPORARY SIGN, WALL SIGN, WINDOW SIGN/FACADE REVIEW COMMITTEE SPECIAL DISPLAYS STREET FRONTAGE
Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
A roof-like cover made of nylon, canvas, or other such material or fabric that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
A temporary paper, plastic, or cloth device hung to attract attention to a business or special event.
A sign that advertises products or services which are not on the premises of the owner or place of business to which they apply. Billboards may include signs attached to walls and those otherwise attached to buildings and structures as well as those not attached to buildings and supported by uprights or braces on the ground.
A billboard advertising copy design element that protrudes beyond the confines of a billboard sign face area.
The Building Inspector of the Borough or his designee.
The Borough of Fort Lee.
The Construction Official of the Borough or his designee or other authorized agency.
A sign whose alphabetic, graphic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments either by means of preprogramming or by computer-driven electronic impulses.
To build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate.
Any rehabilitation, construction or alteration of a building facade.
[Added 10-8-2009 by Ord. No. 2009-32]
Any fabric or bunting containing distinctive colors, patterns or symbols.
Any flag of the United States, the State of New Jersey, the County of Bergen, the Borough of Fort Lee, or any other governmental unit or recognized nonprofit organization.
Any flag that displays only a registered trademark, logo, corporate name or any combination of the former three. No other wording or display of any kind shall be considered a trademark flag.
The side of a lot abutting a street; the front lot line. On lots with multiple street fronts, the frontage shall include the length of the lot abutting all such streets.
The offering for sale of multiple items of personal property on property designed, used or intended as a residence.
Any business that dispenses, or is designed, used, or intended to dispense, gasoline and oil for use in motor vehicles and boats.
A freestanding structure located on the same premises as a gasoline service station affording protection from the elements to persons or property thereunder.
Not transparent or translucent; impenetrable to light.
The Parking Authority of the Borough of Fort Lee.
A monument sign base that rests directly on the ground designed as a support unit, architectural unit, or decorative design element.
Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images, but excluding the American flag or other governmental flags, athletic scoreboards on school premises, or official announcements and signs of government.
A sign that, after a period of 30 days, no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot on which the sign is located.
Any sign that includes action or motion or any changes in physical position of its whole or parts or a change in light intensity by rotation or movement.
The total sign area shall be measured as per § 410-51A.
A sign that is painted, mounted or otherwise permanently affixed to an awning.
A two-sided projecting sign extending in a perpendicular plane from a vertical wall, in which said sign is mounted directly to the building wall or suspended from an arm or bracket attached to the building wall.
[Added 10-8-2009 by Ord. No. 2009-32]
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises where the sign is located.
Any sign designed to allow the sign copy to be changed or altered without undertaking a physical alteration to the sign (such as changing sign panels or repainting the sign), i.e., through the use of movable letters, electronic displays, interchangeable parts, or other means. Changeable copy does not include copy pertaining to the business, occupation, or tenant advertised or identified.
A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings which identifies the project or future use of a site and provides information denoting the owner, architect, engineer, contractor, financing institutions or similar individuals or firms having a role or interest in the project.
The wording or graphics on a sign surface.
A freestanding sign (e.g., A-frame, sandwich boards) that is displayed during hours in which a business is open and removed during hours in which a business is closed.
A sign that is limited to directional messages principally for vehicular or pedestrian traffic or other movement.
A sign listing the tenants or occupants of a building or group of buildings that may indicate their respective professions or business activities, and containing two or more names within a single sign.
A sign displaying food, beverages or other services offered for sale at a business with drive-through service, and located adjacent to the drive-through lane on the premises upon which such service is offered.
See "sign area."
Any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not defined as "flashing signs."
A sign which flutters or is made of flexible materials which moves with the wind or by some other artificial means, including, but not limited to, pennants, banners, balloons, spinning devices, streamers, and flags other than official and trademark flags.
Any sign supported by structures or supports that is placed on, or anchored in, the ground and that is independent from any building or other structure, but excluding monument signs.
A sign posted on a residential lot on which the garage sale is to be held.
A sign containing thereon the price per gallon of gasoline or diesel fuel sold at said station.
A sign advertising the employment opportunities of a business.
Any sign that is illuminated by light source mounted on or in the sign or at some other location.
A sign that gives parking, building address, fire protection, traffic flow (other than directional signs), height clearance, pedestrian or other similar information and that does not advertise a business or use located on the lot or parcel.
A sign that identifies or describes the services or functions of premises or facilities used, maintained, or owned by any not-for-profit educational institution, church, religious society, fraternal organization, public utility, hospital or any other similar organization.
Any sign lighted by or exposed to artificial lighting by lights within such sign.
The permanent part of a building that denotes the name of the building, date of erection, historical significance, dedication, or other similar information.
Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion attached to a proportionate base or plinth, integrated ground planter box, or structural frame.
An illuminated sign, typically constructed of a glass discharge tube that has been shaped to form letters or symbols, and which contains a gas or vapor (typically neon or mercury) that emits light when voltage is applied across electrodes at either end of the tube.
A wall sign identifying the name of a person occupying a building and mounted adjacent to the main entrance of the building.
One or more stationary poles or pylons supporting a freestanding sign located on the same lot or parcel as the use it advertises.
A temporary sign advocating or opposing any political proposition or candidate for public office.
A sign that is not permanently affixed to a building or structure, or the ground, and that may be readily moved or relocated.
A sign directing attention to the office of a recognized profession located on the same lot.
Any sign that is wholly or partly dependent upon a building for support and projects more than 14 inches from such building. See "sign, blade."
[Amended 10-8-2009 by Ord. No. 2009-32]
See "sign, pole."
Any sign erected on or above a roof, excluding wall signs. The generally vertical plane of a mansard-type roof shall be interpreted as the same as a wall of a building.
A portable sign, also known as an A-frame sign, that consists of two hinged sign boards with information on each side designed to be placed on the ground or hung from the shoulders of an individual.
Any sign intended for a limited or intermittent period of display.
Any painted sign, letter, word, model, device or representation that may be affixed to the front, side or rear wall of any building and in the same plane as the face of the wall and which does not project more than 12 inches from that wall.
A sign internally or externally affixed on a window or located inside the window which is designed or intended to be visible from the exterior of the building.
[Amended 10-8-2009 by Ord. No. 2009-32]
The Borough of Fort Lee Sign/Facade Review Committee shall be an advisory committee appointed to review and provide recommendations to the Borough Construction Official, the Borough Planning Board, and the Borough Zoning Board concerning sign, facade, and/or streetscape improvements.
Signs or an assemblage of materials used for holidays or promotion of civil welfare or charitable purposes.
See "frontage."
C.
Nonconforming signs.
(1)
Any sign which lawfully existed on the effective date of this article or an amendment thereto which renders such sign nonconforming because it does not conform to all of the standards and regulations of the adopted or amended article shall be considered a legally nonconforming sign.
(2)
Any sign which was erected unlawfully prior to the adoption of this article or amendment thereto or which is erected hereafter in contravention of the standards or regulations of this article without obtaining the required permits or variances shall be considered an illegal nonconforming sign.
(3)
Loss of legally nonconforming status. A legally nonconforming sign shall immediately lose its legal nonconforming status if:
(a)
The sign is altered in any way in structure which tends to or makes the sign less in compliance with the requirements of this chapter than it was before the alteration; or
(b)
The sign structure is relocated to a position making it less in compliance with the requirements of this chapter, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening, or improvement of a street, highway, or other public purpose may be relocated once on the same lot and allowed to be maintained and used as before. Such a sign, once relocated, is still considered a legally nonconforming sign and bound by this section.
(c)
The sign is replaced.
(d)
Should any nonconforming sign be damaged by any means, other than vandalism, to the extent of over 50% of its surface area or structure, it shall not be reconstructed except in conformance with the requirements of this chapter. Nonconforming signs which are damaged by vandalism to the extent of over 50% of their physical value shall be restored within 60 days or removed or brought into compliance with the provisions of this chapter.
(4)
If any existing sign is repainted or the sign panels are replaced for the purpose of changing the business, occupation, or tenant advertised or identified, it shall be considered a new sign and shall be brought into compliance with this chapter. However, the repainting or replacement of panels on a billboard shall not be considered a new sign. Ordinary maintenance or repair of an existing sign to a safe condition shall not be cause to classify the sign as a new sign.
D.
Sign permits and recommendation required. Unless specifically exempted by the provisions of this chapter, all signs shall obtain a permit from the Borough Construction Official as set forth in § 410-50. Prior to the granting of a permit by the Construction Official, any sign requiring a permit shall first appear before the Sign/Facade Review Committee for review and recommendation.
E.
The Sign/Facade Review Committee is hereby recreated and reconstituted to act as an advisory committee appointed to review and provide recommendations to the Borough Construction Official, the Borough Planning Board and the Borough Zoning Board concerning sign, facade, and/or streetscape improvements in accordance with the standards set forth within this chapter.
[Amended 3-10-2011 by Ord. No. 2011-7]
(1)
Said committee shall consist of five members appointed by the Borough of Fort Lee Mayor and/or Mayor and Council, as indicated. Selection to the committee shall be limited to a combination of the following members:
(2)
At least three of the committee members shall be residents of the Borough of Fort Lee, and up to two members of the committee may be business owners in the Borough of Fort Lee.
(3)
Terms of members.
(a)
Upon the effective date of this section, the Sign/Facade Review Committee shall be reconstituted to provide for staggered terms of the members. All members shall immediately serve for a term of two years except for the following members:
[1]
The Mayor's designee, who shall sit on the committee only in the absence of the Mayor, and his appointee, who shall be appointed to a one-year term annually by the Mayor; and
(b)
The committee members shall be held over until such time as the Mayor and Council hold their annual reorganization meeting, which shall be held no later than is allowed by law.
F.
Inspections. Following the erection of a sign or signs for which a permit was required and obtained, the Construction Official shall inspect a sign or signs after erection is completed for compliance with this chapter. All other necessary permits, such as electrical permits, shall be obtained and inspections shall be performed as applicable.
G.
Sign removal.
(1)
Except for signs which are legally nonconforming or which are exempt from obtaining a permit, the Construction Official may take the necessary steps to remove those signs which:
(2)
If any sign is deemed to require removal under the provisions of this chapter, the Construction Official shall give notice of any alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing, include a statement of the reasons why it is being issued, allow a reasonable time for the performance of any act it requires, and be served upon the owner or his agent or upon the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally, or if a copy thereof is sent by registered mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(3)
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Mayor and Council or their designee, provided that: such person shall file, with the Borough Clerk, a dated and written petition requesting such hearing and setting forth a brief statement of the grounds therefore within 10 days after the day the notice was served; upon receipt of such petition the Mayor and Council or their designee, shall set a time and place for such hearing and shall give the petitioner written notice thereof; at such hearing, the petitioner shall be given an opportunity to be heard, submit evidence, witnesses (under oath), cross-examine witnesses and submit oral argument or brief(s), and to show why such notice should be modified or withdrawn; the hearing shall be commenced not later than 20 days after the day on which the petition was filed, provided that upon application of the petitioner, the date of the hearing may be postponed for a reasonable time beyond such twenty-day period for good cause shown; after hearing, the Mayor and Council shall decide the appeal directly on the record, or if a designee heard the appeal, the Mayor and Council may consider any report and recommendation filed by the designee, if any, with oral argument at the option of the Mayor and Council; if the Mayor and Council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within 20 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Mayor and Council, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Construction Official. Such record shall also include a copy of every notice or order issued in connection with the matter.
(4)
Any person aggrieved by the final decision of the Mayor and Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(5)
Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Borough Clerk, shall be afforded a hearing before the Mayor and Council or their designee as soon as practical. After such hearing, depending upon the finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Mayor and Council shall direct the Construction Official to continue such order in effect, or cause it to be modified or revoked, pending a plenary hearing.
(6)
If any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto fails to request a hearing in a timely manner and/or fails to comply with the final order of the Mayor and Council, the Construction Official shall have the sign removed at the expense of the person responsible for the erection or maintenance of the sign, and in the event that all costs associated with the Borough having such sign removed is not recovered from the responsible party, said cost shall become an assessment and a lien on the property; such lien to be certified by the Tax Assessor of the Borough of Fort Lee.
(7)
The Construction Official is authorized to go upon any premises in the Borough for purposes of removing signs under the provisions of this section. Signs removed by the Construction Official shall be retained for the owner's account for a period of 60 days and shall be returned to the owner upon payment of the expenses of removal. If not claimed within that time, they shall become the property of the Borough and may be destroyed or sold for the payment of the expense of removal. If sold, any excess from the proceeds of the sale shall be returned to the owner. In addition, the Borough shall in no way be held financially responsible for any damages that may be incurred as a result of said removal.
H.
Violations; penalty. Any person violating this article or any of its provisions shall, upon conviction, be subject to a fine of not more than $200 or imprisonment of not more than five days, or both. Each day and instance of violation shall constitute a separate offense, and at the discretion of the Construction Official, a summons may be issued for each separate offense. This article may also be enforced in an action at law or equity for injunctive relief, pursuant to applicable law.