A.
Authority. The power to regulate signs in the Borough
as provided in this chapter is part of the general zoning power of
the Borough pursuant to N.J.S.A. 40:55D-1 et seq.
B.
Enforcement. The provisions of this chapter shall
be enforced by the Zoning Officer of the Borough of Old Tappan.
C.
BUILDING COMMITTEE
POLITICAL SIGN
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN FACE
Definitions. As used herein, the following words or
terms shall have the following meanings:
A committee of members of the Borough Council appointed by the Mayor with the approval of the Council, for the purpose of enforcement of this chapter. The Building Committee shall designate the Building Inspector or other agent for purposes of inspection, removal, approval or disapproval, including consideration of factors of structural safety and stability of signs in accordance with provisions of Article XVI, Signs.
A sign of a political nature, relating to a candidate for
public office or a poistion on an issue to be determined in an election
or other specific political event.
[Added 5-17-2004 by Ord. No. 851-04]
Any structure or part thereof or device attached thereto
or painted or represented thereon, which shall display or include
any letter, word, model, banner, flag, pennant, insignia, device or
representation used as, or which is in the nature of, an announcement,
direction or advertisement. The word "sign" includes the word "billboard,"
but does not include the flag, bunting, streamers, pennant or insignia
of any nation, state, city or other political unit, or of any political,
educational, charitable, philanthropic, civic, professional, religious
or like campaign, drive, movement or event.
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The word "sign," as used in this chapter, shall
also include any lettered or worded advertisement of a permanent or
semipermanent nature, not outdoors, which is visible and is intended
to be read from the outdoors. The word "sign," as used in § 255-81B(1)
and (2), shall mean a sign in one or more component parts. The word
"sign" shall not include advertisements or displays of a temporary
nature intended to advertise a product, sale, service or public or
civic announcement whose use shall not exceed a period of five weeks'
duration and is entirely interior to a building. However, any advertisement
or display kept in use by the owner, agent or other person in charge
thereof for a period exceeding five weeks' duration shall be considered
permanent or semipermanent in nature and subject to the provisions
of this chapter.
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A sign which directs attention to a business commodity, service
or entertainment conducted, sold or offered elsewhere than on the
premises and only incidentally on the premises, if at all.
A sign which directs attention to a business or profession
conducted on the premises. A "For Sale" sign or a "To Let" sign relating
to the property on which it is displayed shall be deemed a business
sign.
The side of a sign intended to be read.
A.
Restrictions on signs permitted in residential zone.
No sign shall be erected in the residential zones except as provided
in this article and except the following:
[Amended 5-17-2004 by Ord. No. 851-04; 9-18-2006 by Ord. No.
918-06]
(1)
One double-faced ground sign not exceeding one square foot in area stating only the name and profession of the occupant, or the street address of the premises, which sign shall constitute the only advertising permitted for premises in which a home occupation, as defined in § 255-4, is being conducted.
(2)
Signs erected by the municipal, county or federal
government, as may be deemed necessary for their respective functions.
(3)
One wall or ground sign not exceeding three feet by
four feet on the premises of a church, library or other public building
giving only the name and nature of the occupancy and information as
to the condition or schedule of use or occupancy. In addition, wall
or ground signs not exceeding one square foot in area may be used
for a driveway entrance, exit or for warning purposes on the grounds
of libraries, schools, churches or other public buildings.
(4)
(Reserved)
(5)
Temporary ground signs not exceeding one square foot
in area erected for directional purposes for a period not exceeding
two days.
(6)
Builders’, architects’, developers’,
home improvement contractors', landscapers', and engineers’
temporary signs erected on the site of construction during the course
of any building or developing operations, not exceeding three feet
by four feet.
B.
Restrictions on signs permitted in planned residential
developments. Signs in planned residential developments shall be restricted
in the same manner as signs in other residential zones except that
one sign for the main entrance shall be permitted. The main entrance
sign shall be a ground sign, shall not exceed 25 square feet in area,
shall not have a display height greater than two times the width or
vice versa, and shall be erected so that the distance from the top
of the sign to the ground shall not exceed eight feet.
C.
Restriction on signs permitted in business and industrial zones. The following signs may be erected in the business, limited commercial and industrial zones, subject to the requirements of § 255-85:
(1)
Wall signs. One wall sign per established business
frontage, not exceeding a total of 10% of that building face, including
the window area, but not to exceed three feet in height advertising
only the business carried on or the services and products made or
sold on the premises.
(2)
Window signs. Window signs or displays of a permanent or semipermanent nature painted, transferred or otherwise bonded to the window area and any electric, neon or painted sign attached to or in close proximity to and parallel with the window area and visible from the business or industrial frontage, the use of which shall be intended for a period greater than five weeks' duration, shall be included in calculating the maximum allowable wall sign area as set forth in Subsection C(1) of this section. In addition, no such signs shall exceed 25% of the individual window area or 10% of the glass area of any required exit door. Any sign or combination of signs permitted under Subsections C(1) and (2) of this section shall constitute one sign "face" within the meaning of this chapter.
(3)
Ground signs. In addition to the wall sign specified in Subsection C(1) of this section, one ground sign also may be erected near, but wholly inside, the front property line and at right angles thereto. Such sign shall not exceed 30 square feet in area, shall not have a display height greater than two times the width or vice versa, shall be erected so that the distance from the top of the sign to the ground shall not exceed 10 feet, and the distance from the bottom of the display area to the ground shall be not less than four feet. Entrance, exit and other directional signs as permitted under Subsection C(6) hereinbelow shall not be considered ground signs.
(4)
Roof signs. Signs erected, constructed and maintained
above the roof of a building, which signs shall not exceed three feet
in height above such buildings.
(5)
Marquee signs. Marquee signs attached to or hung from
a marquee, canopy of other covered structure extending from and supported
by the building. Such marquee signs shall not exceed four square feet
in area nor shall they be more than 12 inches wide by 48 inches long.
(6)
Entrance, exit and other directional signs. Entrance,
exit and other signs directing the flow of traffic, provided that
such signs shall not exceed eight square feet in area, shall not have
a display height greater than two times the width or vice versa, and
the distance from the bottom of the sign to the ground shall not be
more than two feet.
(7)
Miscellaneous signs. In addition to the signs permitted in Subsection C(1) through (6) of this section, also permitted in these zones are the signs specified in § 255-81A with the same restrictions as to the number and size except as to exit, entrance and other directional signs, and subject to the permit and fee requirements set forth in § 255-85.
(8)
Temporary banners, pennants and bunting. Banners,
streamers, pennants and/or bunting which signify the opening of a
business. Banners shall not exceed three feet in height. The length
of a banner shall not exceed the width of the storefront or business
front or 30 feet, whichever is less. Such banners, streamers, pennants
and bunting shall not cross a public street. Such banners, streamers,
pennants and bunting are only permitted for a period of 30 days from
the installation date given on the application. No sign shall be placed
in a residential property or residential zone.
[Amended 9-15-2014 by Ord. No. 1073-14]
(9)
Temporary sign permits for houses of worship and charities. Temporary
signs and/or banners for a house of worship on its property, and charities
whose principal office is in Old Tappan, are permitted for a maximum
of 21 calendar days from installation, up to but not exceeding four
times per year. No sign shall be placed on residential property. Prior
to erecting a temporary sign or banner, such house of worship or charity
shall obtain a zoning permit, but no fee shall be charged for same.
[Added 9-15-2014 by Ord.
No. 1073-14]
D.
Restrictions on signs permitted in any zones at roadside. The following signs may be erected in any zone, subject only to the permit requirements set forth in § 255-85:
(1)
Public information signs. Public information signs,
including service club, church, public building, charitable or civic
organization or hospital signs, not exceeding three square feet in
area at roadside.
E.
Signs prohibited in all zones of the Borough. Signs
of the following types, or types closely related to them, are specifically
prohibited:
(1)
Billboards and outdoor display structures.
(2)
Projecting signs or signs attached at, or nearly at,
right angles to a building wall.
(3)
Pylon signs or special ground signs supported by tall
mast-like members or pyramidal tower supports.
(4)
Roof signs or display signs placed above or supported on the top of a building or structure, except as provided in § 255-81C(4).
(5)
Awning signs.
(6)
Banners, streamers and advertising flags, except as provided in §§ 255-81C(8) and 255-81F.
[Amended 11-15-2004 by Ord. No. 868-04]
(7)
Fence signs, except those necessary for safety such
as "high voltage."
(8)
Advertising signs tacked, pasted, painted or otherwise
attached on poles, posts, trees, fences, sidewalks or curbs.
(9)
Illuminated signs of the flashing or animated type.
(10)
Silhouette cutout three dimensional caricature
or signs of a bizarre nature.
(11)
Signs producing glare.
(12)
Except as otherwise permitted in this chapter,
advertising signs placed anywhere on Borough property or within the
public right-of-way for a period in excess of 24 hours.
[Added 11-15-2004 by Ord. No. 868-04]
F.
Temporary banners for Borough events. The Mayor and
Council may authorize the erection of temporary banners, including
banners across public streets, for events sponsored by the Borough.
[Added 11-15-2004 by Ord. No. 868-04]
G.
Real estate signs. In addition to the foregoing, signs
announcing the name of the owner, manager, realtor or other persons
directly involved in the sale or rental of the property upon which
the signs are placed or announcing the purpose for which it is being
offered. Signs shall conform to the following requirements:
[Added 9-18-2006 by Ord. No. 918-06]
(1)
Signs may be freestanding or wall-mounted. Signs shall
not be placed on trees or utility poles.
(2)
Signs must be removed within 10 days after sale or
rental of the property.
(3)
There shall be only one sign per property. Corner
properties, however, may contain two signs, one per frontage.
(4)
Signs shall not exceed six square feet in residential
districts, and 32 square feet in nonresidential districts.
(5)
A freestanding sign shall be located entirely upon
the lot it is advertising for sale or rent, and shall have a minimum
setback of 10 feet from the street curbline.
(6)
Temporary directional signs for an open house or similar
event shall be erected and taken down on the day of the event.
H.
Garage sale signs. Signs advertising a garage sale
shall be permitted subject to the following requirements:
[Added 9-18-2006 by Ord. No. 918-06]
(1)
Directional and advertising signs for a garage sale
shall be freestanding. Such signs shall not be posted on trees, utility
poles, shrubs, vehicles, dwellings or structures.
(2)
Directional and advertising signs may be placed no
more than two days prior to the sale and shall be removed within one
day after the sale.
(3)
Directional signs placed on private property shall
have the owner’s permission.
(4)
Directional signs may not be placed in the street
right-of-way.
[Added 5-17-2004 by Ord. No. 851-04;
amended 9-7-2004 by Ord. No. 862-04; 1-3-2016 by Ord. No. 1092-15]
A.
Political lawn signs may be erected and maintained
on private property in any zone within the Borough without a sign
permit or payment of fees.
B.
Political signs can be erected three weeks prior and
must be removed no later than five days after the political event
to which the sign refers.
C.
Lawn signs shall be no larger that 18 inches by 24
inches and may be double-sided.
D.
A political signboard/billboard/banner, no larger
than 18 square feet, is permitted by permit only, which shall be issued
by the Zoning Officer upon application therefor. Such political signboard/billboard/banner
may be double-sided. No more than one such political sign shall be
permitted per property. A permit is required for such a sign, with
a fee of $10 per sign.
E.
No political signs shall be placed on public property,
which is defined as all publicly owned property, streets, rights-of-way,
easements, and everything affixed thereto and thereover.
F.
Political signs shall not be placed on any property
without the permission of the owner or occupant thereof.
G.
Political signs shall be constructed, erected, or located in a manner
which obstructs the visibility or movement of motorists or pedestrians
proceeding along or entering the public way, whether at intersections,
driveways, or in a manner that is unsafe, insecure or a danger to
the public safety. This section shall be enforced by the Police Department
and/or Borough Zoning Official.
H.
Violations of this section shall be punishable by a fine of up to
$100 per sign per day.
A.
In no case shall illuminated signs interfere with traffic. No ground signs of the type permitted in § 255-81C may be illuminated by red or green lights when they are situated within 200 feet of any street intersection. All illuminated signs shall conform with respect to wiring and appliances to the requirements of the National Board of Fire Underwriters.
B.
All electrical signs must display a fire underwriter's
inspection label, and the label number must be registered with the
Uniform Construction Code enforcing agency before erection of such
sign.
Any signs now in existence, the erection or
placing of which is prohibited hereunder, may be continued on such
building, structure, lot or land so occupied. However, at no time
shall such sign be altered, enlarged, extended or relocated unless
such action changes a nonconforming sign into a conforming sign, as
provided herein. The failure to keep a nonconforming sign in good
repair for a period of one year, or the failure to repair such sign
within 30 days after written notice by the Uniform Construction Code
enforcing agency shall constitute abandonment, and such sign may not
be reused and must be removed. The provisions of this article notwithstanding,
the owner, agent or person otherwise in control of such nonconforming
sign shall have the right to replace such nonconforming sign in the
event of accidental damage or destruction.
A.
Any sign that is or shall become dangerous or unsafe
in any manner whatsoever, or any sign erected hereafter contrary to
the provisions of this chapter, shall be repaired, made safe, made
attractive and in conformity with this chapter or shall be taken down
and removed by the owner, lessor, agent or occupant of the building,
property or land upon which it is placed or to which it is attached.
B.
In addition to the foregoing, after written notice
is served by the Zoning Officer, any sign which no longer serves the
purpose for which it was originally erected shall be removed by the
owner, lessor, agent or occupant of the building, property or land
upon which it is placed or to which it is attached.
C.
The Uniform Construction Code agency shall have the
power to order the repair or removal of any sign which is or is likely
to become dangerous or unsafe and to remove the same after notice
shall have been given as herein provided.
D.
The Uniform Construction Code agency shall serve written
notice upon the owner, agent or person having control of any sign
commanding him/her to repair or to remove the same, as the case may
be, within 24 hours thereafter, if in its judgment such necessity
exists, or within a time not exceeding five days if in the judgment
of the Uniform Construction Code agency such time is reasonable or
just. In case of failure of such owner, agent, or other person having
control, as aforesaid, to comply with such notice, the Uniform Construction
Code agency, immediately upon the expiration of the time allowed,
shall cause the sign to be removed, and the Uniform Construction Code
agency shall have the power to enter upon or into the lands, house
or property upon which the sign, billboard or fence is or shall be
erected and to remove or cause same to be removed.
E.
The expenses and disbursements incurred in carrying
out the provisions of this section shall be recoverable by the Borough
from the owner, agent or person having control of such sign in an
action at law in any court of competent jurisdiction upon his/her
or their neglect or refusal to pay the same within 10 days after service
of a statement thereof.
A.
Permit required. No new sign shall be erected or existing sign enlarged, maintained, relocated or replaced until after the required permit is obtained from the Uniform Construction Code agency, except signs erected as specified in § 255-81A(1), (2), (3) and (5); and § 255-81F, G and H.
[Amended 9-18-2006 by Ord. No. 918-06]
B.
Fees. Sign permits shall not be issued until the following
fees shall have been paid:
[Amended 8-16-2004 by Ord. No. 852-04]
(1)
Signs defined in § 255-81A(1) through (5): no fee.
C.
Expiration of permit. Sign permits shall expire on December 31 and shall be renewed in accordance with § 255-85B on the first day of each year.
D.
Bond. In addition to required fees, a cash bond of $100 shall be deposited with and held by the Uniform Construction Code agency for each sign permitted to be erected under § 255-81A(6) or 255-81D(2) to ensure the removal of such sign after it has served its purpose.
[Amended 1-5-2002 by Ord. No. 771RR-01]
If any person shall be aggrieved by the action
of the Uniform Construction Code agency, appeal may be made to the
Planning Board in accordance with procedures of the Board within 60
days of the Uniform Construction Code agency action. Appeal may be
made on the basis of sign vision, obstruction, architectural necessity
or topography. The findings and reasons for disposition of the appeal
shall be stated in the minutes of the Planning Board, and the applicant
shall be given a copy.
Any person violating any provision of this article
shall, upon conviction thereof, be subject to a fine of not less than
$25 and not more than $100 and in default of payment of such fine
may be confined to the county jail for a period not exceeding 30 days.
Each day that any violation continues shall be considered a new and
separate violation of this chapter.
