[Amended 12-27-2001 by Ord. No. 01-23R]
A.
The Borough of Fanwood is a small community of approximately
one square mile. It consists of residential zones and various commercial
zones and a light industrial zone. The lots in the commercial and
light industrial zones are bordered by or within view of lots in residential
zones. The residential zones in many instances consist of older homes
of Victorian style and vintage which the Borough seeks to protect.
B.
In light of the foregoing, it is the intent and purpose of this Article XVII to regulate signs throughout the Borough so as to balance the interests in conveying information through the use of signs with the interest of the Borough in protecting its Victorian history and the natural aesthetic differences between commercial areas and residential areas. Within the commercial areas, the Borough of Fanwood, consistent with its Master Plan, seeks to regulate signs so as to promote a "village" atmosphere as opposed to an unsightly "strip commercial" type of development and encourage inviting, pedestrian oriented retail shopping. It is also recognized that in some instances signs can cause traffic safety concerns and the following regulations are also intended, in part, to help alleviate those concerns.
A.
Permit required. No person shall erect, repair, replace
or alter any sign, fixed awning, canopy, projecting object or other
advertising structure, except those exempted under this article, without
first obtaining a zoning permit and a building permit and making payment
of the fee required by the Code of the Borough of Fanwood. The erection
or relocation of a freestanding sign shall require site plan submission
prior to issuance of any permit.
B.
Each application shall be accompanied by plans showing
the area of the sign: size, composition and character; the method
of illumination, if any; the method of attachment; the exact location
proposed for such sign; adjacent streets, all structures on the lot,
proposed inscriptions, details of its support, its overall height
above the normal ground level; and in the case of a projecting sign,
the proposed method of fastening such sign to the building structure,
the horizontal distance between such sign and building structure,
the horizontal distance between such sign and the curb and the distance
between such sign and the right-of-way.
[Amended 8-13-2002 by Ord. No. 02-18R]
C.
Computation of sign area. The Borough of Fanwood has
determined the appropriate size and location of signs within the Borough.
The area of a sign as set forth below is computed based on the area
of an individual sign and not the total for all signs on a premise.
The maximum permitted area of such sign shall be the size of one side
only, except as provided otherwise herein. The area of the sign shall
include each and every part of the sign, including moldings and frames.
Where the sign is supported by a post or pylon the surface of which
is being used for advertising purposes, the area of the post, pylon
or other supporting member shall be considered as part of the total
allowable sign area. Wherever the name or advertising message on a
sign is divided between a number of panels or parts, all of the panels
or parts shall be considered as the total area of the smallest rectangle
which can enclose all of the letters or numbers.
D.
Signs erected flat against the side of a building
shall not extend above the height or beyond the sides of the vertical
wall or cornice to which they are attached. Such facade sign shall
not extend from the face of the wall on which it is attached more
than eight inches.
E.
No sign or any part thereof shall be located closer
than 15 feet to any lot line or closer than the distance any existing
wall of the principal structure on the lot is to the lot line, whichever
is closer to the lot line, except as provided herein.
F.
Any sign erected in conjunction with a specific use
will be removed upon the discontinuation or removal of that use. Signs
that fall into disrepair or are no longer properly supported shall
be deemed to be abandoned.
G.
No existing conforming sign shall be enlarged, rebuilt,
structurally altered or relocated except in accordance with the provisions
of this article and until a permit has been issued. The issuance of
a permit shall not relieve the owner or lessee of the premises from
the duty of maintaining safely any such signs.
H.
Nonconforming signs may be continued in use but may
not be enlarged, relocated, altered, rebuilt, extended nor made less
conforming. In the event that there is a cessation of use of any nonconforming
sign for a period of 30 consecutive days the same shall be presumed
an abandonment of any nonconforming sign. Signs which fall into disrepair
or are no longer properly supported shall be deemed to be abandoned.
Signs associated with a business enterprise on a premises which vacates
this premises or ceases doing business shall be considered to be abandoned
after the passage of 30 consecutive days from such vacation or ceasing
of business.
I.
Any sign located within a building or structure visible
from the exterior and within three feet of the window or door through
which it is visible shall not be neon or internally illuminated.
[Amended 7-8-2003 by Ord. No. 03-14R]
J.
Motor vehicles used as signs. No unregistered, uninsured
or inoperable motor vehicle with advertising signage of any type nor
any motor vehicle with the sole purpose to be used as advertising
signage of any type shall be parked on any portion of a lot visible
from a public street in any commercial or industrial zone.
K.
At the termination of any professional, business or
use of any premises, the permission to display signs associated with
such use of the premises shall forthwith terminate, and all such signs
shall be removed or obliterated from the premises within 30 days from
the date of termination of such use.
Signs exempt from the requirement of obtaining
a sign permit shall be as follows:
A.
Professional signs, where permitted, indicating the
name and profession of the occupant, provided that such signs do not
exceed one square foot. They may be illuminated by a nonflashing light.
B.
Temporary paper signs or signs of like construction
inside windows of commercial establishments so long as the signs do
not cover more than 25% of the total window area. Temporary signs
inside windows announcing local events, such as benefits, theatrical
productions and the like, displayed as a public service by the business
are also permitted.
C.
Signs forbidding trespassing, hunting, fishing or
trapping as authorized by the fish and game laws.
D.
Temporary signs, indicating a political preference
or a political cause, not to exceed six square feet for each sign
on any one lot in any zone. Signs relating to a local, state and/or
federal election, initiative or referendum or other public issue shall
be removed within five days after such event.
E.
Temporary signs announcing fund-raising for charitable
purposes.
F.
Decorative nonilluminated signs, showing the name
and/or address of a house or family, not larger than one square foot
in area. Not more than one such sign shall be erected for each dwelling
unit.
G.
Official signs, including temporary and permanent
traffic signs and signals erected by the municipality, county, state
or federal government.
H.
Official signs or legal notices erected, maintained
or owned by governmental units and those signs deemed necessary by
the Planning Board to inform or guide the public or the promotion
of the health, safety, convenience or welfare of the general public.
The following types of signs shall not be permitted
in any zone:
A.
A flashing, fluttering, animated, moving, vibrating,
sequential, tracer, electronic or rotating sign.
B.
Signs with any lighting or control mechanism that
may cause radio or television interference.
C.
Any sign so erected, constructed or maintained as
to obstruct or be attached to any fire escape, window, door or opening
used as a means of egress or ingress or for fire-fighting purposes
or placed so as to interfere with any opening required for legal ventilation.
D.
Any sign which is of such a form, character or shape
as to confuse or dangerously distract the attention of the operator
of a motor vehicle, including but not limited to signs visible from
the street using the word "stop" or "danger" or any other word, phrase,
symbol or character with the effect of simulating a public safety
warning or traffic sign.
E.
Any advertisement which uses a series of two or more
signs or units placed in a line parallel to the highway, or in similar
fashion, all carrying a single advertising message, part of which
is contained on each sign.
F.
Signs which in any way simulate official, directional
or warning signs erected or maintained by the State of New Jersey,
a county or municipality thereof, or by any railroad or public utility
or similar agency concerned with the protection of the public health
or safety.
G.
Billboard and/or outdoor display structures not associated
with a business on the same lot.
H.
Roof signs and signs on the side of any structure
extending above the edge of the roof
I.
Signs on railroad or vehicular overpasses.
J.
Any use of flags or similar displays, not otherwise
referenced in this section, to attract attention, except in connection
with a particular holiday or season of the year.
[Amended 8-13-2002 by Ord. No. 02-18R]
K.
Any use of pennants or similar displays, not otherwise
referenced in this section, to attract attention.
[Added 8-13-2002 by Ord. No. 02-18R]
L.
Any commercial exterior use of outdoor icicle or string
lighting. Notwithstanding the foregoing, icicle or string lighting
is permitted when such lights are used to illuminate merchandise on
display or for purposes of indicating that a commercial establishment
is open, subject to the following:
[Added 8-13-2002 by Ord. No. 02-18R;
amended 5-13-2003 by Ord. No. 03-04R]
(1)
Such lights are to be small, white and unblinking.
(2)
No such lights may be used when the exterior
of the building is floodlit, "floodlit" being defined as a strong
beam of light that is used to illuminate a substantial portion of
a building exterior or grounds.
(3)
All such lights must be turned off at the close
of business for an establishment using such lights.
M.
Signs tacked, pasted, painted or otherwise attached
to or inserted into public buildings, poles, posts, trees, fences,
sidewalks or curbs.
N.
Signs which obstruct driving vision, traffic signals,
sight triangles and traffic direction and identification signs.
O.
Ionized inert gas sign lighting where the light source tubing is directly exposed to view, except neon "open" signs as permitted by § 184-157B(4).
P.
Signs which identify that a property has been sold
or is no longer available for rent.
Q.
Banner-type signs, except in celebration of a public
event or to call attention to holidays of public significance and,
in such cases, only when erected by the Borough itself or authorized
by the Mayor and Council.
R.
The term "internally illuminated sign" shall include
awnings and vending machine displays which are translucent or transparent
and which meet the definition of signs as contained herein which are
illuminated from the rear so that such awning or vending machine display
acts as an internally illuminated sign.
[Amended 7-9-2002 by Ord. No. 02-16R]
S.
Signs projected by light on to the facade of a building.
T.
Banner-type signs, except in celebration of a public
event or to call attention to holidays of public significance and,
in such cases, only when erected by the Borough itself or authorized
by the Mayor and Council and to announce a "grand opening" of a business
provided that the banner is affixed to the building of the business
celebrating its "grand opening", the banner is erected for a period
not to exceed 30 days, and the banner is no more than two feet high
and no longer than 3/4 of the width of the side of the building to
which it is affixed.
U.
Any signs not specifically permitted are hereby prohibited.
[Added 8-12-2003 by Ord. No. 03-16R]
A.
Findings. The Mayor and Council hereby find the following:
(1)
The posting, erection or maintenance of signs
on public utility poles is expressly prohibited by P.L. 1991, c. 413
(N.J.S.A. 27:5-9).
(2)
Said statute does not assess any penalty for
violations of the same.
(3)
Such prohibition is not widely known or followed.
(4)
The posting of signs on public utility poles
jeopardizes the safety of utility workers, damages the aesthetics
of the Borough, promotes unlicensed and unregulated businesses, and
creates safety hazards by creating distractions to motorists travelling
the public streets.
(5)
The practice of posting printed, silk-screened
or otherwise mass-produced signs advertising, for example, business
opportunities, articles or services for sale, or offers of employment,
has become increasingly prevalent. These signs are posted using nails,
bolts, screws or other devices intended to prevent removal.
(6)
Such signs that are posted using nails, bolts,
staples, screws, or other semipermanent means of attachment, are particularly
hazardous to utility workers and are deleterious to the aesthetics
of the community and foster enduring visual pollution. For the purposes
of this section, a "means of attachment" is "semipermanent" if the
nail, bolt, staple, screw or other device cannot be easily removed
with one hand without the use of a tool.
(7)
The practice of attaching bumper stickers, decals
and stickers to utility poles, traffic control devices and similar
structures is becoming increasingly prevalent, and such practice constitutes
litter, pollution, vandalism and trespass. When attached to traffic
control devices such practice also constitutes destruction of public
property.
B.
Posting of certain signs expressly prohibited.
(1)
The posting of any sign as described in Subsection A(5) above to any utility pole in the Borough using nails, bolts, staples, screws, or other semipermanent means of attachment is expressly prohibited.
(2)
The placing of a bumper sticker, decal or other
sticker to any utility pole or traffic control device in the Borough
is expressly prohibited.
C.
Violations. Any violation of this section shall result
in a fine of not more than $1,250 and/or the imposition of 50 hours
of community service. Every sign posted in violation of this section
shall be deemed a separate offense. Every day that a sign is posted
in violation of this section shall be deemed a separate offense.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No.
06-11R]
[Amended 10-12-2010 by Ord. No. 10-13R]
No portion of any sign shall be located within
or suspended over a public right-of-way, including a pedestrian walk,
except as may be permitted on awnings or canopies, or sidewalk or
sandwich signs.
When signs in a nonresidential district are
located along the district boundary line of any residential district,
they shall be set back not less than 50 feet from such residential
district boundary line.
Any sign that is or shall become dangerous or
unsafe in any manner whatsoever shall be repaired, made safe and attractive
in conformity with this chapter or 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. A written notice shall be
served upon the owner, lessor, agent or occupant of a building, property
or land upon which a dangerous or unsafe sign is located by the Construction
Official, Building Subcode Official or Zoning Officer. Said notice
shall require necessary action to be taken within 10 days from the
date of service or the notice upon such person or within such lesser
time as shall be deemed reasonable in cases where the danger to the
public health, safety and general welfare is so imminent as to require
more immediate abatement. All signs shall be painted and maintained
in good repair at all times. Failure to keep signs painted, illuminated
or in good repair for a period of 90 consecutive days shall constitute
abandonment, and such sign may not then be repaired, replaced or reused
but shall be removed.
No sign shall be erected or located to obstruct
the vision of drivers entering a public street; nor shall any sign
be erected which obstructs existing signs on adjacent properties to
a degree that the message contained on the obstructed sign is no longer
visible for a reasonable distance therefrom.
A.
Residential zone districts. In any residential zone,
the following signs shall be permitted:
(1)
A name or announcement sign accessory to a church
or other place of worship, a public or quasi-public building and any
permitted institutional or similar conditional use not to exceed 10
square feet in area. Not more than one such sign shall be permitted
on a lot. Directional signs shall be permitted in such quantities
and in such locations as deemed necessary for the information, guidance,
convenience or safety of the general public, including but not limited
to "entrance," "exit," "parking," "public telephone," "public rest
rooms," "no trespassing" "no soliciting" and/or other words or directions
of similar import. Each such individual sign shall not exceed two
square feet in area and, where appropriate, two or three signs may
be combined within a single sign structure with not more than two
square feet in area for each sign. The upper edge of all freestanding
directional signs shall be not more than three feet above the ground
surface.
(2)
Official signs of the federal government and
the state or any of their agencies, the county and the Borough.
(3)
Signs showing the name and/or street number
of the owner or tenant of the residential premises which shall not
exceed one square foot in size in the aggregate of all such signs.
(4)
One nonilluminated temporary sign identifying
the owner, architect, builder, realtor and contractor on premises
on which a building is being constructed, altered or repaired. Such
a sign shall not exceed 24 square feet in area. It may be displayed
on the premises affected for the time required for such construction,
alteration or repair or for one year, whichever period is less. Unless
the sign is affixed to a building, it shall be set back from the street
curb line a distance of not less than 24 feet. Only one sign may be
used to identify all of the above persons who are performing services
with respect to the premises. The temporary sign shall be removed
within seven days after completion of the construction.
[Amended 5-9-2006 by Ord. No. 06-06R]
(5)
One freestanding sign on a subdivision which
has been approved by the Planning Board. Such a sign shall not exceed
24 square feet in area and shall be removed after residences have
been constructed on 95% of the lots in the subdivision or after 95%
of lots have been sold by the developer, whichever period is less.
In no case shall any such subdivision sign be permitted after two
years have lapsed from the time when the first sign was so erected.
The sign shall be set back at least 10 feet from the street sideline.
(6)
One sign announcing that a building or lot is
available for sale or rental is permitted, subject to the following
conditions:
(a)
Such sign shall not exceed four square feet
in area, which shall include the area of the support in the same plane
as the sign.
(b)
Such sign and its supports shall be constructed
exclusively of wood and/or metal and/or plastic.
(c)
The top of such sign shall be no higher than
three feet above the surface of the ground and the bottom of the sign
no closer than six inches to the surface of the ground.
(d)
Such sign may contain a message on both sides
and may be erected perpendicular or parallel to the roadway which
the property fronts.
(e)
Such sign shall not be illuminated in any manner.
(f)
Such sign shall be located only in the front
yard and shall be set back at least 10 feet from the street curbline.
For purposes of this subsection the street sidelines shall be the
curbline on streets with curbs or the edge of the gravel or dirt shoulder
where it abuts grass or other vegetation on streets without curbs.
For premises which have a front yard of less than 20 feet, such sign
shall be affixed to the building or erected within six inches of the
front of the building.
(g)
Such sign shall not remain on the premises after
the property is sold. For the purpose of administering this subsection,
the premises shall be deemed to be sold when a contract has been signed
and the property withdrawn from the market.
(h)
Such sign is located only on the premises of
the building or lot for sale or lease. Signs on other premises or
at intersections directing persons to buildings or lots for sale or
lease are prohibited.
(7)
All signs located in the residential districts
may be freestanding, but no sign shall be internally illuminated.
B.
All zones, except residential zone districts. In all
zones except the R-75, R-150, MAH, TAH and LGAH, the following regulations
apply:
(1)
A permanent sign or rigid awning sign shall be mounted above the front entrance. Such sign must indicate the trade name of the establishment. Office buildings may include a directory of all tenants as per § 184-157B(6). Businesses must have a street number on the front of the building visible from the street. A sign mounted above the front entrance shall not exceed a height of 36 inches nor an area equal to 1.5 square feet per linear foot of building width, with a maximum of 50 square feet. No sign mounted above the front entrance shall be closer than 2 1/2 feet to the end of the front wall to which it is attached. A rigid awning may extend the entire front of the building, but no signage on the awning shall be within 2 1/2 feet of each end of the awning or 20 feet, whichever shall be the lesser.
[Amended 5-8-2007 by Ord. No. 07-08R]
(2)
In addition to a sign or rigid awning sign on the front facade of a building, a sign on each other side of a building visible from a public street is permitted. Such sign shall not be larger than 12 1/2 square feet, unless there is an entrance accessible from a rear parking lot, in which case such sign shall comply with the requirements of § 184-157B(3).
(3)
A sign centered above the rear entrance door
is permitted on any building with an entrance accessible from a rear
parking lot intended for patron parking. Such sign shall not be larger
than 4 feet wide and 1 1/2 feet high.
(4)
One nonflashing sign of neon tubing stating
only the word "open" is permitted in a window near the principal entrance.
The word "open" may be enclosed in a border of neon tubing. Such sign,
including any border, shall not exceed six inches high by 12 inches
wide.
(5)
Any office building is permitted to display
a directory sign visible from the road way listing the names and/or
types of business of all tenants. Each tenant listing shall be not
more than three inches high.
(6)
A directory sign bearing the name and/or type
of business of the principal tenants renting space in the rear or
the upper floors of the building may be located at the principal entrance
of such rented areas. The area of such sign devoted to each such tenant
shall not exceed 72 square inches, and the total area of such sign
shall not exceed five square feet.
(7)
Credit card signs and trading stamp signs may
be displayed on windows, provided that the total area of all such
signs shall not exceed two square feet in area.
(8)
Signs required by law to be exhibited by the
occupant of the premises may be displayed, provided that the same
do not exceed six square feet in total area.
(9)
Special signs indicating public conveniences,
such as "notary public," "public telephone," "public rest rooms" or
words or directions of similar import may be displayed, provided that
each such sign does not exceed 72 square inches in total area and
only one sign of each type is displayed.
(10)
Nonilluminated signs displayed on the interior
of windows to give notice of sales or special functions shall be permitted.
No more 25% of the total area of window on which such signs are displayed
shall be covered. Such temporary signs shall be removed after 30 days.
(11)
On parking lots or parking facilities which
are not adjacent to the business or commercial buildings or structures
which they serve, a freestanding sign for the entrance to the separate
parking lot or parking facility, which shall not exceed eight square
feet in area. In no case shall the base of such sign be less than
eight feet from ground level, and in no case shall the top of such
sign be greater than 11 feet from ground level. The purpose of this
sign shall be to show that the parking lot or parking facility is
available for use by the patrons or employees of the business or commercial
enterprise so identified.
(12)
Gasoline stations. A gasoline station may have
one freestanding, stationary, illuminated or nonilluminated sign identifying
only the company name or brand name of the gasoline sold, including
any associated insignia or emblem, provided that such sign shall not
exceed 45 square feet in area, that the top of such sign shall not
be more than 17 feet above the ground surface. Such sign may not be
internally illuminated, but may be two-sided. Signs affixed to the
exterior surfaces of gasoline pumps shall be permitted, limited to
identification of the company name or brand name of the gasoline sold,
including any associated insignia or emblem, gasoline type and/or
grade and such other information as may be required by law. Such signs
shall not extend or project beyond the surfaces on which affixed more
than 15 inches. In addition, price indicator signs not exceeding 150
square inches in area may be attached to, supported by or suspended
from each gasoline pump.
(13)
No sexually oriented business shall display
more than two exterior signs, consisting of one identification sign,
which shall not be more than one square foot and one sign giving notice
that the premises are off limits to minors, which shall be at least
two square feet.
(14)
Painted window signs. Signs may be permanently
painted on windows so long as the letters are not painted on any background
and no more than 25% of the window surface consists of the painted
sign.
C.
All property along South Avenue in the Commercial
or Light Industrial Zones and in the General Commercial Zone on North
Avenue. For all properties along South Avenue in the Commercial or
Light Industrial Zones and in the General Commercial Zone on North
Avenue, the following additional regulations shall apply:
[Amended 7-9-2002 by Ord. No. 02-16R]
(1)
Except for gasoline stations, one freestanding
sign is permitted as an alternative to a sign or rigid awning sign
mounted above the front entrance or permitted signs that could be
mounted on the walls visible from a public street so long as the building
which the freestanding sign serves is set back 30 feet or more from
the front lot line. Such freestanding sign shall not be larger than
16 square feet, a maximum height of eight feet measured from the ground
to the top of the sign and no dimension shall exceed five feet. Such
freestanding signs shall not be closer than 10 feet to any lot line.
Such sign shall not be internally illuminated. The sign may be perpendicular
or parallel to the street to which the building fronts and lettering
shall not be larger than 10 inches.
(2)
Exit and enter signs. Notwithstanding anything
in this article to the contrary, exit and enter signs for driveways
may be not larger than two feet wide and two feet high. The signs
may include a corporate logo and the words "Enter" or "Exit."
D.
Notwithstanding anything to the contrary contained in §§ 184-148 through 184-157, sidewalk or sandwich board signs shall be allowed by permit for retail businesses on South Martine Avenue and South Avenue in the Central Commercial, Central Commercial-2, General Commercial and Light Industrial Zones subject to the following regulations:
[Added 10-12-2010 by Ord. No. 10-13R[1]]
(1)
Shall
not exceed 30 inches in height; the overall height, including a support
frame, shall not exceed 60 inches; and the maximum width shall be
24 inches.
(2)
Constructed
of only the following materials: painted wood, painted metal (with
professional quality painted message), chalkboard or dry-erase board.
(3)
Constructed
only as follows: two sandwich boards that support each other (A-frame)
or easel-type frame.
(4)
Displayed
only within the property lines, as extended within the right-of-way,
of the business premises.
(5)
Advertising
only retail business(es) located on the property.
(6)
In
buildings with multiple retail businesses, a maximum of one such sign
no matter how many businesses may be located in the applicable building.
(7)
Displayed
only during hours when the business(es) is(are) actually in operation,
with such signs displayed inside the property when the business(es)
is(are) not in operation; but in no event shall such a sign be displayed
after 8:00 p.m.
(8)
Displayed
at the following locations only: adjacent to the building, in an entrance
alcove or adjacent to the curb.
(9)
No
such sign shall block the five-foot passage required by the Americans
With Disabilities Act for pedestrians.
(10)
No such sign shall block access to benches, parking meters, motor
vehicles or pose sight/view obstructions to pedestrians or vehicular
traffic.
(11)
The Zoning Officer may direct that any sign which, in the discretion
of the Zoning Officer, violates this section or creates a safety hazard
be removed, modified or relocated.
(12)
The Police may direct that any sign which, in the discretion of the
Police, creates a safety hazard or causes a sight obstruction to pedestrians
or vehicular traffic be removed, modified or relocated.
E.
Prohibited signs. Any signs not specifically permitted
are hereby prohibited.
F.
Illumination. Illumination devices, such as but not
limited to flood or spotlights, shall be so placed and so shielded
so as to prevent the rays of illumination thereof from being cast
into residential properties off the subject premises or onto a public
right-of-way.
G.
Traffic control on private property. Signs controlling
traffic entering and leaving any property, excluding enter and exit
signs, shall conform to the designs recommended in the Manual on Uniform
Traffic Control Devices for Streets and Highways.
