As used in this article, the following terms shall have the
meanings indicated:
The area included within the frame or edge of a sign, including the frame. Where the sign has no such frame or edge, the area shall be computed as specified by § 240-159 herein.
Any structure made of cloth or metal with a metal frame attached
to a building, projecting over a thoroughfare and so erected as to
permit its being raised to a position flat against the building when
not in use.
Any temporary sign applied to paper, plastic or fabric of
any kind, which shall be permitted by the Mayor and Council by permit,
above a public right-of-way.
Any sign erected or maintained for the purpose of displaying
outdoor advertising for products or services provided off premises.
Any structure, other than an awning, made of cloth or metal
with metal frames attached to a building, projecting over a thoroughfare
and carried by a frame supported by the ground or sidewalk.
To build, construct, attach, hang, place, suspend or affix;
also includes the painting of wall signs.
The surface of the sign upon, against or through which the
message is displayed or illuminated on the sign.
A sign that is mounted on a freestanding pole or other support,
made of cloth, canvas, fabric or like material, designed or intended
to advertise, identify or attract attention to a business, organization,
service or event. National flags are not considered flag signs and
are not prohibited by this chapter.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
Any sign which has characters, letters, figures, designs
or outline illuminated by electric lights or luminous tubes as a part
of the sign proper.
Includes replacement, without substantial change, of any
parts or support of any sign, and the painting, without change of
text, design or size, of any sign, without removal of the sign from
the wall or structure supporting it.
Any hood or awning of permanent construction, projecting
from the wall of a building above an entrance and extending over a
thoroughfare, including signs attached thereto, the supports of which
are an integral part of the original structure, and which is not retractable.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business for transport.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
Any sign erected, constructed and maintained wholly upon
or over the roof of any building, with the principal support on the
roof structure.
Includes any device, either freestanding or attached to a
building or structure or erected, painted, represented or reproduced
upon or in (to the extent provided herein) any building or structure,
which displays, reproduces or includes any letter, word, name, number,
model, insignia, emblem, design, device or representation used for
one or more of the following purposes: to identify the premises or
occupant or owner of the premises; to advertise any trade, business,
profession, industry, service or other activity; to advertise any
product or item; to advertise the sale or rental or use of all or
part of the premises, including that upon which it is displayed; to
direct vehicular or pedestrian traffic, other than state, county or
municipal highway and roadway markers; and shall include any announcement,
declaration, demonstration, display, illustration, insignia or any
representation used to advertise or intended to advertise or promote
the interests of any person. In no event shall the word "sign" be
construed to mean any sign in the interior of any structure except
as specifically set forth in this chapter.
Any sign that is not permanently mounted as specifically
permitted by this article.
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or side wall of any building or other structure so that
the display surface is parallel with the plane of the wall. Signs
painted on an exterior or a wall shall be deemed to be "wall signs"
subject to this chapter.
Includes any opening in the exterior wall or roof of any
structure for the purpose of admitting air or light, whether or not
covered with glass, plastic or other covering.
Includes all signs defined herein which are situated within 12 inches of the window surface, and such signs shall be as regulated in § 240-161B(6).
Includes the aggregate square footage of all windows on any
given side and any given story of any structure, regardless of the
angle or angles at which they are set. In computing window space,
there shall be included all portions of any door which contains a
window.
A.
Application.
(1)
No sign shall be erected, altered, located or relocated within
the municipality except upon application and the issuance of a permit
as hereinafter provided:
(a)
Application for a permit for residential signs. Application
for a permit for a sign for premises used for residential purposes
shall be made, in writing, to the Zoning Officer and presented together
with the appropriate filing fee. Such application shall be sufficient
to describe the premises and the location at which the sign is to
be affixed, together with a rendering of the sign, inclusive of its
dimensions, design and color. There shall also be provided a statement
as to the means by which said sign shall be constructed on the premises.
The Zoning Officer shall act upon such application within 15 days
of the receipt thereof.
(b)
Application for a permit for nonresidential signs. Any sign
associated with a change in occupancy or ownership necessitates an
application for a sign permit. Application for a permit for a permitted
nonresidential sign conforming to the regulations set forth herein
shall be made, in writing, to the Zoning Officer. Such application
shall be sufficient to describe the premises and location at which
the sign is to be affixed and shall include, at minimum, the following
items:
[1]
The name and address of the applicant.
[2]
The name and address of the owner of the premises.
[3]
A statement as to whether the owner has consented to the application,
if the applicant is other than the owner.
[4]
A rendering to scale of the sign, reflecting its composition,
colors, dimensions, elevation from grade level and lighting; the address
of the premises; specification and location of all existing signs;
the sight distances, in the case of freestanding signs, with relation
to accessways to the premises on which such sign is to be located
and adjacent premises; the information to be stated on the sign; and
the method by which said sign shall be secured.
(c)
Application for a permit for a sign which does not comply with the provisions of this article shall be submitted to the appropriate approving authority, including any sign associated with a change in occupancy or ownership which does not comply with the provisions set forth herein. Such application shall be in writing and, upon notice and a public hearing where the same is required by law, submitted at least 10 days before the next meeting preceding the succeeding public meeting date of the appropriate authority, together with a filing fee as hereinafter set forth. Such application shall be in triplicate and accompanied by no less than 15 sketch plats in the case of an application for a freestanding sign, and 15 building elevations where the application is for other than a freestanding sign, each of which shall be drawn to scale and reflect the sign location and designation. In addition, on such drawing or separate sheet, the information set forth in § 240-158A(1)(b) shall be provided.
B.
Issuance of permit.
(1)
A permit shall be issued by the Zoning Officer upon the favorable
action of the approving authority, subject to any other applicable
governmental regulations, or as otherwise provided herein.
(2)
A permit for the replacement of an existing sign may be issued
by the Zoning Officer without the necessity of Board approval only
upon satisfaction of all of the following conditions:
C.
Exceptions. The provisions and regulations of this section shall
not apply to the following signs:
(1)
Real estate signs not exceeding 12 square feet in area which
advertise the sale, rental or lease of the premises upon which said
signs are located only.
(2)
Residential nameplates identifying a single-family residence
and/or street address, not to exceed one square foot in area.
(3)
Professional nameplates not exceeding two square feet in area
for lawful occupants of the premises under the Zoning Ordinance.
(4)
Bulletin boards or signs not over 16 square feet in area for
public, charitable or religious institutions when same are located
on the premises of said institutions.
(5)
A sign identifying the architect, engineer or contractor, when
placed upon a work site under construction, not to exceed 16 square
feet in area, provided that the sign is set back at least 15 feet
from the curb, and further provided that same are removed within 24
hours after the final certificate of occupancy is issued.
(6)
Memorial signs or tablets, names of buildings and date of erection,
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
(7)
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger signs and such temporary, emergency or nonadvertising
signs or signs of any governmental agency deemed necessary to the
public welfare.
(8)
Flags of the United States, State of New Jersey or other governmental
or quasi-public agencies.
(9)
Holiday decorations and lights on residential premises.
(10)
Signs erected to control the movement of traffic on a premises,
provided that these signs shall provide traffic directions only and
shall not be used for any advertising purpose. These signs shall not
exceed four square feet in area and shall have been approved by the
appropriate approving agency.
(11)
Election or political signs, provided that said signs are placed
entirely on private property and do not exceed 12 square feet in area.
D.
Fees.
(1)
At the time of the filing for a permanent sign permit, the applicant
shall pay to the Borough of Edgewater the following: $2 per square
foot of surface area of sign, computed by one side only for double-faced
signs. The minimum fee shall be $25.
(2)
At the time of the filing for a temporary sign permit, the applicant
shall pay to the Borough of Edgewater $25. Temporary signs for and
in connection with special events in the community will be issued
permits without a fee.
The following principles shall control the computation of sign
area and height:
A.
Computation of area of individual signs. The area of a sign face
shall be computed by drawing a square or rectangle that will encompass
the extreme limits of the writing, representation, emblem or other
display, together with the sign frame and any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed
or by delineating the area established by reason of distinctive variation
in background color or by borders, whichever is greater.
B.
Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When two identical sign
faces are placed back to back, so that both faces cannot be viewed
from any point at the same time, and when such sign faces are part
of the same sign structure and are not more than 42 inches apart at
any point, the sign area shall be computed by the measurement of one
of the faces.
C.
Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at grade to the top of the
highest attached component of the sign.
A.
Automobile service stations. Signs for automobile service stations
shall be permitted to display only the following signs, which are
customary and necessary to their business:
(1)
One freestanding identification sign which may include the company
or brand name, insignia or emblem and unit prices, provided that the
sign not exceed 32 square feet in area on each side. The freestanding
sign shall be located a minimum of 10 feet from all property lines
and shall not exceed 20 feet in height. The sign shall have an open
area of not less than 10 feet between the baseline of the sign and
the ground level.
(2)
The gasoline pump structure may include signage which is limited
to an emblem or insignia, brand name of gasoline, lead warning sign,
price indicator and any other sign required by law. This signage shall
be limited to two square feet per pump.
(3)
One wall identification sign shall be permitted, except that,
where a building has street frontage on more than one street, one
additional sign (facing the second street) shall be permitted. The
wall sign shall not project more than six inches from the building,
nor be attached to a wall at a height less than eight feet above the
sidewalk. The wall sign shall be limited to 12 square feet in size.
(4)
In the event that there is a canopy that is located over the
pump island, one sign, limited to the brand name, insignia or emblem
of the station, shall be permitted per canopy side, provided that
each sign does not exceed an area of 10% of the canopy face.
B.
Shopping centers and other multitenant developments. In addition
to the signage requirements for each zone district, shopping centers
and other multitenant developments shall be governed by the following
regulations:
(1)
A sign plan shall be submitted to the approving authority for
approval and shall include the following: letter style and size, illumination
details, color, construction materials, locations and height above
grade; location relative to lot lines, landscaping and on-site lighting
fixtures; an indication of the location of site identification signs
and, for shopping malls, internal directional signs (as determined
to be necessary).
(2)
A unified design theme shall be provided which integrates the
architectural design, materials and colors of the primary structure,
facade signs, freestanding signs, landscaping and lighting fixtures.
C.
Institutional signs. Signs associated with houses of worship, hospitals,
nursing homes, continuing care facilities, schools or other similar
public or semipublic uses, as permitted by this chapter, may be erected
with the following provisions:
D.
Residential signs. Signs for residential land uses shall comply with
the following regulations:
(1)
The following signs shall be permitted: residential signs, including
name and address plates, professional nameplates, real estate signs,
temporary campaign signs and contractor signs as provided herein are
permitted in accordance with the size limitations as set forth herein.
(2)
Residential nameplates identifying a single-family residence
and/or street address, not to exceed two square feet in area. Street
addresses larger than one square foot shall be construed to be advertising
signs for the purposes of this chapter.
(3)
Professional nameplates not exceeding two square feet in area
for lawful occupants of the premises under the Zoning Ordinance.
(4)
Residential signs for multifamily developments shall be permitted
if they comply with the following:
(a)
One freestanding or monument sign, not exceeding eight square
feet, is permitted for each vehicular entrance to the development.
(b)
The height of the sign shall not exceed six feet.
(c)
All such signs shall be set back a minimum of 10 feet from any
street right-of-way. Monument signs shall be placed perpendicular
to the River Road property frontage to ensure visibility.
(d)
The sign shall be an identification sign only, limited to the
name of the development or project on site.
The following supplemental regulations shall apply, as noted:
A.
Signs in the B-1, B-2, MXD-1, MXD-2, MXD-3 and B4 Zone Districts.
Signs in these districts shall comply with the following requirements:
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014]
(1)
Each commercial use shall be entitled to one wall-mounted sign,
canopy or awning, except that where a building has street frontage
on more than one street, one additional sign may be permitted.
(2)
The lettering or graphic panel shall not exceed 75% of the linear
width of the storefront on which it is located. Letters shall not
be more than two feet in height.
(3)
Wall signs shall advertise only the permitted use, products
or service on the premises on which they are displayed.
(4)
Canopies, perpendicular signage and awnings shall be permitted
to overhang the pedestrian right-of-way, with a minimum vertical clearance
of 8.5 feet, a maximum overall height of five feet and a minimum setback
of three feet from the curbline. Lettering on a canopy or awning shall
be limited to the valance area and shall not exceed 75% of the linear
width of the valance. The valance shall be no more than one foot in
height, and lettering on the valance shall be limited to six inches
in height.
(5)
Window signs. In addition to any sign or signs permitted pursuant
to this section, window display signs, as well as affixed window signs,
limited to indicate membership in a retail or professional organization
or credit card or credit association, to show manufacturers' or required
licenses, or advertisements referable to sales within, shall be permitted
to be attached to windows on the interior of the business use, provided
that the aggregate area employed for such purpose shall not exceed
30% of the total window area on which it is located.
B.
Signs in the B-3, CBD and MCRD Zone Districts. Signs in these districts shall comply with the following requirements. See § 240-160B for additional requirements:
(1)
Only one freestanding sign identifying the development shall
be permitted along the River Road property frontage for a building
or buildings with more than one tenant and a floor area of at least
25,000 square feet. This sign shall identify the development only.
Tenants within the development shall not attach their sign to any
part of the permitted sign.
(2)
The height of the sign shall be limited to 20 feet in height,
with the exception of freestanding monument signs, which shall be
limited to six feet in height, inclusive of the base of the sign.
Freestanding signs shall be set back a minimum of 10 feet from any
property line. The sign shall not exceed 32 square feet in size. Freestanding
signs shall have an open area not less than three feet between the
base line of said sign and the ground level, with the exception of
monument signs which provide a solid base. This open space may be
filled in with a platform or decorative latticework which does not
close off more than 1/2 of any square footage of such open space.
(3)
Monument signs shall be placed perpendicular to the River Road
property line to ensure visibility.
(4)
Within the development, two freestanding directory signs shall
be permitted to provide a listing of, and directions to, the occupants.
Each sign shall not exceed 12 square feet in area and six feet in
height. All directory signs shall be located a minimum of 200 feet
from any public street.
(5)
Each commercial use shall be entitled to a wall sign, but in
no event shall the total square footage of all wall signs exceed 10%
of the square footage of the front facade.
(a)
Wall signs shall not exceed two square feet of signage for every
linear foot of the front facade of the portion of the building occupied
by the use being advertised. No wall sign shall exceed a vertical
dimension (height) of greater than two feet.
(b)
The maximum letter size of any wall-mounted sign shall be two
feet.
(c)
Wall signs which are placed parallel to the building wall shall
be permitted to project forward no more than six inches from the building
nor be attached to a wall at a height of less than eight feet above
the sidewalk or ground.
(d)
Canopies, perpendicular signage and awnings shall be permitted
to overhang the pedestrian right-of-way, with a minimum vertical clearance
of 8.5 feet, a maximum overall height of five feet and a minimum setback
of three feet from the curbline. Lettering on a canopy or awning shall
be limited to the valance area and shall not exceed 75% of the linear
width of the valance. The valance shall be no more than one foot in
height, and lettering on the valance shall be limited to six inches
in height.
(6)
Window signs. In addition to any sign or signs permitted pursuant
to this section, window display signs, as well as affixed window signs
limited to indicate membership in a retail or professional organization
or credit card or credit association, to show manufacturers' or required
licenses, or advertisements referable to sales within, shall be permitted
to be attached to windows on the interior of the business use, provided
that the aggregate area employed for such purpose shall not exceed
30% of the total window area on which it is located.
Temporary signs shall comply to the following:
A.
All temporary signage, except as specifically exempted under this
article, shall require a permit. Said permit shall be valid for a
period not to exceed 30 days from the issuance thereof and may be
renewed for a period not to exceed 60 days.
B.
No temporary sign shall exceed an area of 12 square feet, provided
that temporary signs, such as banners which are permitted by permit
by the Mayor and Council within the public right-of-way, may exceed
12 square feet in size.
C.
Insurance for temporary signs may be required by the Mayor and Council.
Any person obtaining a permit for the erection of a temporary sign,
where the Mayor and Council requires insurance, shall provide proof
to the satisfaction of the Construction Official that the person,
firm or corporation actually doing the erection shall have in force
a public liability insurance policy with limits of no less than $100,000
for property damage and $300,000 for bodily injury, per occurrence.
D.
Nothing contained herein shall be deemed to permit the erection or
installation of any political signs upon any pole or tree located
on public property or within the public right-of-way within the Borough
of Edgewater, and their erection or installation is hereby specifically
prohibited. This section shall not be deemed to prohibit temporary
lawn signs or street banners as set forth elsewhere in this chapter.
A.
No sign shall be an illuminated sign except as provided herein.
B.
No sign shall be illuminated externally by more than one floodlight
per surface of said sign. Such lighting shall be at grade and properly
directed and shielded so as not to produce glare or offensive light
off the property.
C.
Flashing signs, highly reflective glass or fluorescent paint (red
or green) and illuminated tubing outlining roofs, doors windows or
wall edges of a building are prohibited.
D.
No sign shall be artificially illuminated after 11:00 p.m. or before
7:00 a.m. unless said premises are occupied and attended.
A.
No billboard or billboard signs shall be permitted. No sign otherwise
lawful under this chapter shall be prohibited because of this section.
B.
No sign shall be placed, located or displayed upon any sidewalk or
area between sidewalk and curb.
C.
No roof sign, often known also as a "sky sign," shall be permitted.
D.
No signs shall be erected or painted or composed of fluorescent or
phosphorescent or similar material.
E.
No sign shall be, in whole or part, moving, mobile or revolving.
F.
No sign shall have more than two colors, inclusive of its background,
frame and decorative parts. However, varying tones or gradients of
the two main colors may be utilized on a sign and shall not constitute
additional colors. For the purposes of this chapter, black and white
shall be considered colors. Notwithstanding anything herein to the
contrary, in such instance where black or white shall be used in the
formation of a sign as aforesaid, then in such instance either of
such may be used as a third color.
G.
Canopies, awnings and marquees with signage embossed upon them shall
be considered to be business signs.
H.
No sign shall be erected, relocated or maintained so as to prevent
free ingress to or egress from any door, window or fire escape. No
sign of any kind shall be attached to a standpipe or fire escape.
I.
No sign or other advertising structure, as regulated by this chapter,
shall be erected at the intersection of any streets in such a manner
as to obstruct free and clear vision or at any location where, by
reason of the position, shape or color, it may interfere with, obstruct
the view of, cause an optical illusion or be confused with any authorized
traffic sign, signal or device, or which makes use of words, phrases,
symbols or characters in such manner as to interfere with, mislead
or confuse traffic.
J.
In order to preserve the basically residential character of this
community and to facilitate the improvement of its commercial and
industrial areas in a safe and orderly manner, no commercial outdoor
advertising signs, billboards or other signs which are not expressly
and directly related to the business being conducted on the premises
and which do not conform to the applicable requirements and standards
set forth in other sections of this chapter shall be permitted, and
all other such commercial outdoor advertising signs, billboards and
other nonconforming signs are specifically prohibited. It shall be
unlawful for any person to display upon any sign or other advertising
structure any obscene, indecent or immoral matter.
K.
All signs shall be constructed in accordance with the requirements
of the Uniform Construction Code. If the Zoning Officer shall find
that any sign is unsafe or insecure, the Zoning Officer shall give
written notice to the owner, agent or person having the beneficial
use of the premises upon which such sign may be erected. If such owner,
agent or person fails to remove or alter the sign so as to comply
with the standards herein set forth within 10 days after such notice,
such sign or other advertising structure may be removed or altered
to comply, by the Zoning Officer, at the expense of the owner, agent
or person having the beneficial use of the premises upon which such
sign may be erected. The Zoning Officer may cause any sign or other
advertising structure which is an immediate peril to persons or property
to be removed summarily and without notice.
A.
Any signs existing at the time of the passage of this chapter and
which violate any provisions thereof shall be deemed a nonconforming
use and may be continued, maintained and repaired upon the present
premises or location; provided, however, that such sign was lawful
under any prior ordinance. Any nonconforming sign which is associated
with a change in occupancy or ownership shall necessitate an application
to the approving authority. Any sign unlawful under any prior ordinance
shall remain unlawful unless it complies with the provisions of this
chapter and there is issued by the Zoning Officer a sign-erection
permit therefor.
B.
Any sign which has been damaged to the extent that the cost of repairs
shall exceed 50% of the current value of said sign shall be deemed
as destroyed, and the owner thereof shall not be permitted to erect
or restore said sign except in accordance with this chapter.
