[Amended 3-19-1979 by Ord. No. 2-1979; 4-20-1981 by Ord. No. 2-1981; 8-3-2009 by Ord. No. 5-2009]
Unless prohibited by other Borough ordinances, the erection and maintenance of signs shall be subject to the regulations as set forth in this article. All signs requiring applications must have the proper approval and permitting from the Construction and Zoning Offices, and proper usage fee (if applicable) paid in full before proceeding with the construction and placement of a sign.
As used in this article, the following terms shall have the meanings indicated:
BACKLIT SIGN
Any sign which is lit from within the sign structure, with no lighting source visible.
DIRECTIONAL SIGN
Any sign that is designed and erected solely for the purpose of traffic or pedestrian direction that is placed on the property to which or on which the public is directed. Such signs may contain a business or professional name, but no advertising copy. Such design shall not exceed three square feet, except in residential districts where such signs shall not exceed one square foot, and as otherwise specified herein.
DISPLAY AREA
The portion of the sign on which the message should be placed.
FREESTANDING SIGN
Any sign that is not attached to a building structure; is self-supported by a secure sign structure.
POLITICAL SIGN
A temporary sign which advertises candidates for public office or statements on issues for which residents of the Borough are eligible to vote. Political signs shall be removed not later than one week after the election.
PREMISES
Any building within which a permitted commercial use is located, whether such business use occupies the entirety or any portion of the building.
REAL ESTATE SIGN
Any sign pertaining to the sale, lease or rental of lands or buildings.
SIGN
Any device that is intended to provide visual communication to others. A "sign" may have any and/or all of the following elements:
A. 
Display area.
B. 
Decorative features, such as ornamental flourishes, which are neither part of the display area nor covering for the structure.
C. 
Other appurtenances, such as lamps or lighting.
SIGN AREA
The area in square feet of a rectangle drawn so as to include the entire sign face. Any area with any logo, trademark, or otherwise protected design, image or wording shall count towards sign area.
SIGN BILLBOARD
Any commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
SIGN FACE
A plane consisting of the total area of the display area and decorative features as viewed from a point of optimal visibility of the display area and decorative features. No sign shall have more than two sign faces.
SIGN STRUCTURE
Any structure that supports, has supported or is capable of supporting a sign, including decorative cover.
STATIONERY SIGNS
Any sign constructed of paper, cardboard, paperboard, poster board, construction paper and all those similar.
TEMPORARY SIGN
A sign that is made of light material, designated to be removed daily. A temporary sign shall not be homemade, except as is otherwise allowed in this chapter.
A. 
Signs in all zones, whether permitted or nonconforming, shall be kept in good repair, which shall include replacement or repair of broken or malfunctioning structural elements, casings, facings or lighting elements, and the maintenance of legibility. Upon determination that a sign has become structurally unsafe or endangers the safety of the building or the public, the Zoning Officer shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the owner of the building or premises upon which such unsafe sign is affixed or erected.
B. 
In residential districts, no stationery signs shall be permitted except for real estate signs not larger than eight square feet, when placed on properties offered for rent or sale, customary signs identifying any building or use permitted under this chapter and signs necessary for public welfare. Directional signs not located on the subject property offered for sale will not be permitted. All residential signs must conform to § 255-63.5.
C. 
In the business districts, no stationery signs shall be permitted except for those permitted in the residential districts and signs in accordance with the section on sign area set forth in § 255-63.3 and shall not be exceeded except for as follows:
(1) 
Within a structure having a separate front wall, entry and postal designation, each unit shall be considered a premises; or
(2) 
Where there are multiple uses within a single premises, any business served solely by a separate entrance and having a separate front wall from the primary entrance to the premises may erect a wall mounted sign not to exceed six square feet on the wall on which the entrance is located and within five feet of the entrance.
D. 
Projecting signs may extend over the sidewalk or other public way. All signs must maintain a distance of six inches back from any known curb abutments. All signs must be erected at least 9.5 feet above sidewalks. The maximum area shall be 15 square feet. A sign erected in this fashion shall be considered a single sign face, even if lettered on both sides. Sign hanging hardware or sign structure must either be of creative design or simple so as not to detract from the sign but add to the sign's physical appearance.
E. 
Advertising display on a building or structure shall be governed by the regulations listed in this article.
F. 
Directional signs must have a minimum setback of five feet from any property line, unless it is less than two square feet. All directional signage shall have proper approvals from the Borough.
G. 
No sign using red, green, blue or amber illumination in a beam, beacon, spotlight, floodlight or flashing form, resembling emergency lights, shall be erected in any location.
H. 
No sign that fails to conform to these regulations shall be rebuilt, repaired, enlarged, changed or moved. Preexisting nonconforming signs protected by the provisions of N.J.S.A. 40:55D-68 may be restored, repaired or rebuilt to their present size, in their present location.
I. 
No sign, except temporary signs and political signs, shall be erected or maintained prior to the approval of the size, location and design by the Zoning Official and the issuance of a permit.
J. 
Signs governed by the USDOT Manual of Uniform Traffic Control Devices for Motor Vehicles, Pedestrian Safety and USADA Compliance shall be permitted.
K. 
No signs of any type shall be placed in, or in any way restrict the view in, the sight triangle of any public street or public or private driveway.
The following are prohibited in all zones:
A. 
Any sign which does not advertise a permitted business or use located on the same premises.
B. 
Roof signs and signs extending above the wall to which they are attached.
C. 
Permanent marquees extending over the sidewalk beyond the street line.
D. 
Signs posted on fences, posts, utility poles or trees.
E. 
Signs posted on Borough property, except where specifically authorized by the Borough Council.
F. 
Signs installed or painted on sidewalks or curbs.
G. 
Signs using mechanical or electrical devices or wind to revolve, flash or display movement or the illusion of movement or to spell alternating messages or images.
H. 
Signs on abutments, retaining walls or embankments.
I. 
Wall signs painted directly on buildings which obstruct any windows.
J. 
Pylon signs, except as permitted herein.
K. 
Signs that constitute a hazard to the traveling public by obstructing driving vision, regulatory directional signage or signals.
L. 
Automobile trailers, attached or unattached, or vehicles of any nature bearing signs or advertisements, parked or left stationary for more than 24 hours upon any vacant land or public street, or parked between the hours of 9:00 p.m. and 7:00 a.m. in any residential zone.
M. 
Signs using any lighting or control mechanism that may cause radio or television interference.
N. 
Illuminated signs where the source of light is directly visible from adjoining properties or streets.
O. 
Banners except as detailed in § 255-62F of this chapter.
P. 
No provision contained herein shall be construed to prohibit signs, not larger than two feet by two feet, that issue warnings or safety messages, such as, but not limited to, "no hunting," "no trespassing," "beware of dog" or traffic directional signs.
Q. 
All temporary signs, except as set forth herein.
R. 
Signs containing profane or obscene language.
S. 
Neon "open" signs.
A. 
Not more than one temporary sign shall be permitted on any lot identifying architects, engineers, builders, brokers, contractors or others connected with the construction of any building or structure on such lot. No signs shall be displayed beyond the effective date of any certificate of occupancy affecting the premises. Unless affixed to the principal building, such signs shall not exceed eight square feet in area, and must be set back 10 feet from the property line.
B. 
One temporary sign may be erected or installed on each road front or lagoon bulkhead without a permit announcing that the property on which it is located is for sale or rent. Such sign shall not exceed eight square feet. The sign shall be set back a distance equal to 1 1/2 times its area in square feet. The "for sale" or "for lease" sign shall be removed within seven days following the completion of the transaction.
C. 
One sign may be installed, with the issuance of a permit, for the announcement of grand opening or business closure, and use of rope (streamer type) flags (with a state-issued going-out-of-business permit). The sign display shall not exceed 30 days of total consecutive signage for any of the above purposes. At the end of 30 days, all signage must be removed by business owner.
D. 
No temporary sign shall be permitted that is homemade in construction as outlined in prohibited signs section of the article,[1] except yard sale or garage sale signs which are permitted to be placed for a maximum of three days. Yard or garage sale signs must be less than two square feet and must be located at least five feet from any property line.
[1]
Editor's Note: See § 255-61, Prohibited signs.
E. 
Flags shall be festive in design and creative in use. No flag shall be used that relays a message other than "open" or "welcome," such as "grand opening," "open for business," "closed," "going out of business," and any flag not mentioned, roped (streamer type) flags or flags connected together to form a line. Acceptable individual flags are American flags, "open" flags, "welcome" flags, seasonal flags or flags that use pictures to describe what type of business is located inside. Individual flag size shall not exceed three feet by five feet or 15 square feet. Flags shall not interfere with public flow of traffic or other businesses. Flags shall not block windows and doors. No more than two flags are permitted to be flown simultaneously for single occupancy commercial spaces, and up to four flags for multiple occupancy commercial spaces. The American flag may be flown at any time in accordance with proper flag etiquette.
F. 
Banners are permitted for use by the Borough and its approved committees or organizations to advertise events, attractions and to provide visual vitality.
G. 
Any sign displayed and not in compliance with § 255-62 of this chapter may be removed by the Borough and properly disposed of.
[Added 11-7-2022 by Ord. No. 6-2022]
A. 
The changeable copy portion of an LED illuminated sign display shall not exceed 1/3 of the total allowable sign area or 24 square feet, whichever is less, and signs capable of illumination shall be turned off between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless the business or uses identified are open to the public later than 10:00 p.m. or earlier than 7:00 a.m., in which event any such establishment may keep a sign illuminated during business hours, only.
B. 
An LED illuminated sign message may be changed six times per hour, but no less than every 10 minutes.
C. 
LED signs must advertise the business to which it associated with, or events local to the Borough of Tuckerton or the immediate surrounding areas. The sign should also be accessible for emergency use including, but not limited to, display of Nixle alerts or Amber alerts.
D. 
LED signs may not be too bright as to be distracting or blinding to drivers or pedestrians, or disturbing to adjacent property residents. Signage brightness shall be automatically adjusted during evening hours. No sign shall have flashing lights or exposed high-intensity illumination.
E. 
LED signs may not have moving, distracting or flashing displays. Signs which message sequence, flash, strobe, make noise or show pyrotechnics are not permitted.
F. 
Animated, flashing and illusionary signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.
G. 
No LED sign shall be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates, or resembles any official traffic sign, signal or device.
Temporary political signs shall be permitted in all zones for a period of two months prior to a primary, general or special election and for one week thereafter. The sign shall not exceed 32 square feet.
Window lettering and window signs shall be permitted only in the commercial zones: Seaport Village, B-1, B-2, B-3 and B-4. For the purpose of enforcing this chapter, window lettering and signs shall be subject to the following restrictions:
A. 
All window lettering and signs shall be considered as a sign as defined in this chapter.
B. 
Permanent window lettering or signs shall be permitted only if the rectangle or circle confining such lettering or sign or the background upon which it appears does not exceed 20% of the window area and further, that no window sign shall exceed the total window area permitted for a sign. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains lettering or background advertising.
C. 
Window letters can be no greater than eight inches high.
D. 
Interior hung panels fall under the same category.
E. 
Temporary window lettering or signs advertising special sales or events shall be removed within seven days following the advertised event or within 30 days after affixing of the same, whichever is earlier. Such temporary window lettering or signs, in conjunction with any permanent window lettering shall not cover more than 50% of the window area nor exceed the area permitted for a sign. Only one temporary window sign or lettering per calendar quarter is permitted.
F. 
All window lettering must be approved and permitted through the Zoning Office.
G. 
The following window lettering and signs are specifically prohibited:
(1) 
Those having an exterior source of illumination that is not permanently installed in accordance with the National Electrical Code.
(2) 
Moving signs.
H. 
All window lettering and signs shall be kept in good repair.
I. 
The Zoning Officer shall have the authority to order the removal of any window lettering or sign that does not conform to these specifications. Any owner or tenant not complying within 10 days of such order shall be in violation of the provisions of this chapter and subject to the penalties set forth herein.
Freestanding signs shall not be permitted without special consideration given to each application received due to the diversity of setbacks that exist in various zones. Freestanding signs shall not be permitted where they pose hazards to the public. Freestanding signs must be approved by the Zoning Official. The following standards will apply where a freestanding sign is permitted:
A. 
Signs can be no larger than 10% of the building facade fronting the roadway, or 50 square feet in area and a maximum of 10 feet wide or five feet high measuring from the surrounding grade to the top of the sign, for single occupancy commercial spaces, or up to 100 square feet in area and a maximum of 10 feet wide or 10 feet high measuring from the surrounding grade to the top of the sign, for multiple occupancy commercial spaces. Whichever is smaller shall take precedence.
B. 
A freestanding sign may be backlit.
C. 
In the Historic Landmarks District, and the Seaport Village District, a freestanding sign shall incorporate special design attributes if it is to be lit, such as downturned gooseneck lighting, shadow box lighting, projection box lighting which consists of a fluorescent tube shielded from sight, aiming the light onto the sign. All illuminated signage must have proper electrical permits. Signs in these districts must comply with the use of the suggested sign styles and shapes and sign enhancement features as set forth in Schedule A of this article, which is on file with the Borough Clerk and which is incorporated herein by reference, as well as conform to the colors shown for background colors, lettering colors, and lettering style as set forth in Schedule A. Any proposed sign that does not conform to these Schedules must have the Landmarks Commission approval, and the issuance of its certificate of appropriateness, prior to application to the Zoning Office.
D. 
The use of A-frame sidewalk signs or sandwich board signs will be permitted and are permitted in the Seaport Village District, Landmarks District, B-1, B-3 and B-4 Districts and must follow the guidelines set forth herein.
(1) 
The sign shall be no larger than two feet wide by three feet high, generally in keeping with Schedule A, thoughtful and of sturdy construction.
(2) 
The sign shall not be illuminated and must be taken down at the end of the business day.
(3) 
The sign shall be placed out of the main flow of pedestrian traffic, in front of the building associated with the A-frame sign.
(4) 
No permit is needed.
(5) 
There shall be a limit of one A-frame sidewalk sign per building or lot.
The maximum sign area is 100 square feet with a maximum height of three feet, or 10% of the wall area of the building it is attached to; whichever is smaller shall take precedence. This type of signage shall be permitted only in the Seaport Village, B-1, B-2, B-3 and B-4 Zones.
A. 
Building wall sign letters shall be less than 15 inches tall, filling no more than 60% of the sign surface area.
B. 
Wall lighting for building wall signs must follow the same lighting standards as freestanding sign lighting.
C. 
Wall signs in the Historic Landmarks District, and the Seaport Village District shall conform to § 255-63.6 of this chapter.
A. 
No sign shall be erected, enlarged or relocated except in accordance with the provisions of this section and until a permit has been issued.
B. 
All applications for sign permits shall be submitted directly to the Zoning Officer for review and approval. The approved design must then be forwarded to the Construction Department for permitting and final approvals. Such applications shall be accompanied by sketches and scaled drawings showing details of construction, design, supports and attachments and shall delineate the size, shape, design, coloring, lettering, lighting and position in relation to the building from or upon which it shall be displayed.
C. 
In addition, the issuance of a sign permit hereunder shall not relieve the owner or the lessee of the premises from the duty to apply for a construction permit, if required by the Uniform Construction Code, nor relieve the permittee from the duty of maintaining any structure in a safe condition.
D. 
The following signs shall be permitted without the required sign permit:
(1) 
Signs designating entrance to or exit from parking areas for institutional public use, limited to one sign with the maximum area of two square feet for each such exit or entrance. One additional sign per parking area designating the conditions of use or identity thereof, with a maximum area of four square feet, shall be permitted.
(2) 
Signs identifying the names of schools, colleges, churches or other similar public or semipublic institutions, provided that:
(a) 
The area of any freestanding sign shall not exceed 10 square feet and not more than one such sign shall be placed along any street on which such property fronts.
(b) 
Not more than two additional such signs may be located on the walls of any structures on the site. The area of such signs shall not exceed the lesser of 25 square feet or 2% of the area of the wall to which it is affixed. The wall area shall be measured from the ground level to the bottom of the roof eaves and from one side of the building to the other.
(3) 
Any sign erected by the Borough, county, state or federal government.
(4) 
Signs used for protection of the public during construction, repairs or emergencies.
Only the following signs shall be permitted in any residential district:
A. 
In residential districts, no stationery signs shall be permitted, except for real estate signs not larger than eight square feet, when placed on properties offered for rent or sale, and customary signs identifying any building or use permitted under this chapter.
B. 
Signs of a temporary nature which direct attention to the sale of new lots, homes or dwelling units in a residential development shall be permitted, provided that the total area of such signs shall not exceed 32 square feet, and the signs are not closer than 10 feet to the front property line and are removed immediately upon the sale or occupancy of the last lot or house or dwelling unit in such development.
C. 
One home occupation announcement sign not over two square feet in area for each dwelling unit conducting a lawfully operating home occupation. Such signs shall not be illuminated.
D. 
One professional office announcement sign not over two square feet in area for each lawfully operating professional office.
E. 
Yard sale signs as detailed in § 255-62.
All signs within the designated district must be in keeping with the area, style and architecture of the property on which it is placed. The Construction Official shall refer any application for a sign to the Land Use Board for its approval prior to the issuance of a permit. The Land Use Board shall refer any application for a sign to the Landmarks Commission for its comment prior to issuing a permit in the Landmarks District. Real estate signs are exempt from this requirement.
The Construction Officer, the Code Enforcement Officer, the Zoning Officer, all Borough Inspectors and the Borough Police Department shall enforce the provisions hereof.