A.
Residential districts. The following signs shall be
permitted in residential districts of the Borough, subject to general
regulations applicable to all signs.
(1)
Official signs. Any sign erected, constructed or maintained
by the federal, state, county or local governments or any agency thereof,
for the purpose of informing or guiding the public or for the protection
of the public health, safety and welfare.
(2)
Home office or occupation signs. An attached sign
not to exceed 10 inches high by 24 inches wide describing a permitted
home occupation. Only one such sign is permitted.
(3)
Residential name sign. A sign not exceeding one square
foot in area or name and address sign not exceeding two square feet
in area. Either sign must be located within property lines and may
be attached or freestanding. Only one such sign is permitted.
(4)
Permanent development sign. A sign containing the
name of the subdivision only shall be permitted in major subdivisions
only. The permanent sign shall be constructed of nondecomposing material
such that the sign shall be permanent and require little maintenance.
The permanent development sign shall be of a size not to exceed 16
square feet, rectangle in shape at a height not to exceed five feet.
(5)
Temporary development sign. During construction a temporary development sign is permitted in accordance with § 163-90, Temporary signs, of this article.
(6)
Warning signs on private property. A sign indicating
"no trespassing," "no fishing and/or no hunting" and warning signs
such as "beware of dog," "alarm system" or of an existing danger where
a warning is legally required. Warning signs may not exceed one square
foot.
(7)
Temporary real estate or political signs. A sign more fully described in § 163-90, Temporary signs, of this article.
(8)
Historical signs. A sign or structure of historic
significance for historic informational purposes, upon which the name
of the original or historic inhabitant or builder and the date of
construction of said structure is set forth and/or the historical
significance of the structure, provided that said sign shall not exceed
two square feet.
(9)
Church signs. One ecclesiastical, changeable letter
freestanding sign which may be illuminated, not over 15 square feet
in area on either side and not exceeding eight feet in height, referring
to services and events to be held on the premises, provided that such
sign is erected or displayed not less than five feet inside the property
line and road right-of-way.
(10)
Golf course, cemetery, hospital, philanthropic
or eleemosynary organization and nursing home sign. One identification
freestanding sign which may be illuminated used in the residential
zones in which they are permitted. Such signs shall not exceed 15
square feet in area on either side nor a height of eight feet, displayed
not less than five feet inside the property line and road right-of-way.
(11)
Freestanding traffic control sign. A sign which
provides traffic directions only. The sign shall be no more than six
feet above the finished grade at the base of the sign.
(a)
If the sign is on a public road, the size, color
and design of such shall conform to the latest manual on Uniform Traffic
Control Devices for Streets and Highways, United States Department
of Transportation, Federal Highway Administration.
(12)
Memorial sign or tablet. A sign indicating the
name of the building or the date of its erection which is cut into
the masonry surface or constructed of bronze or other incombustible
material. Such signs are not to exceed two square feet.
B.
Nonresidential districts. The following signs shall
be permitted in nonresidential districts of the Borough subject to
general regulations applicable to all signs.
(1)
Functional signs. A sign providing public service
information, such as rest room or telephone signs. Such sign shall
not exceed two square feet and shall not identify the name of the
store or type of use of the store.
(2)
Attached signs. A sign descriptive of the business
conducted on the property. One sign is permitted per business. The
sign may not exceed 15 square feet; provided, however, that the total
sign area shall not exceed 10% of the area of the face of the building
to which it is attached. Perpendicular signs are permitted in the
B-1 Zone only. Such signs must be affixed to the building and may
not exceed six square feet on a side. If the perpendicular sign is
attached to the ceiling of a walkway, it must be at least eight feet
above the walkway at its bottom and must not exceed two square feet
in area on a side. The perpendicular sign may not extend from the
side of the building more than four feet at its furthest point.
[Amended 12-20-1999 by Ord. No. 99-11]
(3)
Freestanding signs. A sign which is not attached to
a building. Freestanding signs are permitted in the LBT Zone only
for business uses allowed in such zone and not in conjunction with
office and residential uses and only on properties where the building
is set back at least 50 feet from the front yard property line and
road right-of-way subject to the following requirements:
(a)
The sign must be located in front of the building
to which the advertising applies;
(b)
Each building may have only one sign;
(c)
The sign must be located at least 10 feet from
the front yard property line and road right-of-way;
(d)
No sign shall be permitted on a sidewalk or
within three feet of a sidewalk;
(e)
The sign, its braces, supports, lighting and
other parts may not exceed five feet in height;
(f)
The sign may be illuminated but only by way
of lights located outside the sign;
(g)
The total surface area of either side of the
sign may not exceed 15 square feet;
(h)
No part of the sign shall be permitted to protrude
more than one foot from either side of the surface on the sign; and
(i)
The color of the sign and its parts must not
be cause of undue attraction.
(4)
A building which contains two or more business establishments.
Each business establishment shall be entitled to display a sign identifying
its business, provided that such sign shall not exceed six square
feet in total. In addition, a multitenant building may display a building
directory sign identifying each of the businesses in the building,
provided that the directory sign may not exceed one square foot per
tenant with the area of such a directory sign not to exceed 20 square
feet.
[Amended 12-20-1999 by Ord. No. 99-11]
(5)
Single tenant building with multiple customer entrances.
A building which houses a single tenant which contains more than one
egress and ingress for customers, such means of egress and ingress
being on different sides of the building. In addition to the signage
otherwise permitted, the tenant shall be entitled to erect one additional
sign for purposes of identifying another means of entering the building.
Such sign shall not exceed two square feet.
(6)
Multitenant buildings with multiple customer entrances.
A building which contains two or more business establishments which
each contains more than one egress and ingress for customers, such
means of egress and ingress being on different sides of the building.
In addition to the signage otherwise permitted, each tenant shall
be entitled to erect one additional sign for purpose of identifying
another means of entering the building. Such sign shall not exceed
two square feet and shall be located within close proximity to that
additional entrance.
The following temporary signs shall be permitted
in all districts of the Borough subject to general regulations applicable
to all signs.
A.
Election, special election and referendum signs. Such
signs may be erected not more than three weeks prior to an election.
Election signs shall be removed within 48 hours after the completion
of the event. Signs shall not exceed six square feet on a side.
[Amended 5-18-2010 by Ord. No. 2010-13]
B.
Land development signs. Signs advertising the sale
of property or structures in developments of two or more lots and
signs advertising the opening or construction of a new business shall
be permitted for a period up to three months, or until the signing
of the contract or transaction of sale or lease of the last lot or
structure in the development. Signs shall not exceed six square feet
on a side.
C.
"For Sale" and "For Rent" signs. One temporary sign
is permitted per lot for a lot not exceeding two acres. The sign may
contain the word "owner" and the telephone number, or alternatively,
it may identify by name and telephone number the New Jersey licensed
real estate broker, if any, given the right to sell or lease property
and/or the word "broker." The following additional criteria shall
apply:
(1)
If relating to a residential lot or building, the sign shall not exceed four square feet in area on any one side. If relating to a lot or building, the sign shall not exceed two square feet for each foot of front wall width or six square feet, whichever is less, except as otherwise provided in Subsection G, below.
[Amended 5-18-2010 by Ord. No. 2010-13]
(2)
The sign shall be removed from the premise within
two days after closing of sale or signing of lease for the premises.
(3)
"Open House" signs are permitted for a forty-eight-hour
period immediately preceding the open house and must be removed within
24 hours from their original posting. Such signs are not to exceed
six square feet in size; one may be located on site, and up to three
may be located off site. No more than four such signs may be posted
in total.
[Amended 5-18-2010 by Ord. No. 2010-13]
D.
Banners on Main Street. Such banners are considered
temporary signs. Banners are subject to the general regulations regarding
temporary signs as well as the following additional regulations:
[Added 10-5-2004 by Ord. No. 2004-29]
(1)
Only nonprofit organizations that benefit the Chesters
may apply for a permit to erect these banners.
(2)
No more than two banners shall be allowed on Main
Street at any one time. No banner shall be attached to any utility
pole having a streetlight.
(3)
Banners shall not be placed earlier than two weeks
before the event which they announce and shall be removed within five
days after the event has occurred.
(4)
The dimensions shall not exceed four feet by 30 feet.
(5)
A banner shall be removed immediately upon notice
to the permit holder from the Chief of Police that it has created
a traffic or other hazard.
(7)
A certificate of insurance shall also be filed with
the Borough Clerk naming the Borough as an additional insured party.
(8)
There shall be a fee of $50 for a permit to erect
the banner.
[Amended 6-6-2019 by Ord. No. 2019-14]
E.
Nonprofit organizations.
[Amended 5-18-2010 by Ord. No. 2010-13]
(1)
Nonprofit
organizations may display no more than one sign per event on site
no earlier than two weeks before an event and must be removed within
24 hours after the event has occurred. A permit must be obtained from
the Borough Zoning Officer, and all fees may be waived. Such sign
shall not exceed 15 square feet.
(2)
Nonprofit
organizations may additionally utilize up to four temporary lawn signs
on other property no earlier than one week before an event, and must
remove the same within 24 hours after the event has occurred. A permit
must be obtained from the Borough Zoning Officer and all fees may
be waived. Such sign shall not exceed six square feet.
F.
Window signs. Establishments in business districts
shall be permitted temporary signs displayed in windows for the advertising
of community events and for advertising and promotion of special services
and goods available on the premises. Such signs shall not be placed
on doors and may only be located on the interior of the windows. The
total sign coverage cannot exceed 30% of the business's interior window.
Such temporary signs shall be permitted for no more than 30 days in
duration.
[Amended 5-18-2010 by Ord. No. 2010-13]
G.
"For Sale" or "Lease" signs for a commercial or industrial
site of over two acres. Such signs shall be permitted, provided that
they shall not exceed a total of 15 square feet in size and there
shall not be more than one sign on each street frontage of any parcel
of land.
H.
Temporary signs identifying architect, builders, realtors
and contractors of premises. Only one sign per project is permitted
for a period not exceeding the time required for such construction
to be completed and such shall be removed within 48 hours after the
work is completed. Such sign shall not exceed six square feet.
The following signs shall be prohibited in all
zoning districts of the Borough:
A.
Signs painted on exterior walls of any structure.
B.
Signs higher than 30 feet.
C.
Signs which impede, interfere with or distract from
the operation of any traffic control device.
D.
With lights; exceptions.
[Amended 5-18-2010 by Ord. No. 2010-13]
(1)
Signs
which include any flashing, blinking of series lights or any rotating
or moving parts, or neon sign or signs containing reflective enhancing
materials. Exceptions are limited to traffic control and seasonal
decoration for the months of November through January.
(2)
Interior
use of lit signs or lights within 15 feet from the exterior windows
and doors. Exceptions are limited to traffic control and seasonal
decoration for the months of November through January.
E.
Signs erected or used upon the top or roof of any
building.
F.
Signs which extend in height or project higher than
the roofline of any building.
G.
Signs with more than two display faces are prohibited.
H.
A double face sign having an included angle of over
45° is prohibited.
I.
Signs mounted, erected or maintained on a utility pole, trees in public right-of-way or on municipal property except as otherwise specifically authorized [except trespass signs described in § 163-89A(6)], water tower, standpipe, tower or other similar structure.
J.
Pylon signs exceeding 15 feet.
K.
Attached signs other than perpendicular signs projecting
more than 12 inches from the building wall.
L.
The use of pennants, streamers, balloons, windmills
or other moving devices, banners or flashing signs is prohibited,
other than for a period of two weeks from the date of opening of a
new establishment. Searchlights and animated signs are prohibited
at all times. A business may display one national flag and one other
flag, each no larger than five feet by eight feet. All flags must
be displayed so that they do not impede the flow of pedestrian traffic.
[Amended 5-18-2010 by Ord. No. 2010-13]
M.
Signs extending more than three inches from the surface
of a wall but less than 10 feet from the ground level below the sign.
N.
Signs, illustrations or symbols shall not be placed
so as to interfere with the opening of an exit door of any building,
to obstruct any window opening of a room in a dwelling to interfere
with the use of any fire escape or to create a hazard to pedestrians.
O.
Signs erected, painted, affixed, located or maintained
on any taxicab or other motor vehicle, except for safety and caution
signs and signs to designate the name, address, telephone number,
the word "taxi" and a serial number of such taxicab or to advertise
or promote the product or services of the owner or lessor of such
motor vehicle. In no case may vehicle signs extend above the top of
the vehicle or impair its safe operation. Trailers or vehicles whose
main use is the display of signs are prohibited.
P.
Except as otherwise specifically provided for herein,
changeable information signs are only permitted in the commercial
zones.
Q.
No sign may impede the flow of pedestrian traffic.
R.
No window
signs or lettering on windows shall be permitted in any residential
zone.
[Added 5-18-2010 by Ord. No. 2010-13]
A.
Sign illumination. Signs may be illuminated unless
otherwise specifically prohibited but shall not be erected, painted
or composed of neon, phosphorescent or similar material. Illuminated
signs shall have sources of illumination shielded in such a manner
so as not to disturb adjoining properties. No sign shall be illuminated
by lighting of intermittent or varying intensity, nor shall any illumination
be of any color light other than white. Sign brightness shall not
exceed the value of 1,250 foot lamberts, as measured by Tektronix
digital photometer or similar instrument. The Zoning Official may
require a certificate of compliance issued by a qualified person or
firm. Illuminated signs may be illuminated one hour before opening
and two hours after closing of a building.
B.
Any signs, except temporary signs, must be installed
and of materials to withstand a wind resistance of not less than 30
pounds per square foot.
C.
On lots fronting on more than one public thoroughfare,
signs permitted may be erected fronting on each thoroughfare.
A.
All supports and brackets for signs suspended from
or supported upon a building shall be constructed of metal not less
than one-fourth-inch thick if not galvanized, and not less than 3/16
of an inch thick if all members, including bolts and rivets are galvanized.
B.
All such signs shall be securely attached to the building
by means of metal anchors, bolts or expansion screws; provided that
signs exceeding 50 pounds of weight shall be secured at both top and
bottom with metal shelf anchors.
C.
All signs must be constructed of durable materials
and must be kept in good repair.
D.
Signs
located in Historic District of the Borough of Chester must also comply
with the following:
[Added 8-3-2010 by Ord. No. 2010-23]
(1)
Signs
shall be made of natural hardwood, metal or high density urethane
(HDU). Types of acceptable wood would be oak, maple or ash. Metal
signs may be iron, copper, bronze, steel or stainless steel.
(2)
Signs
shall have beveled edges.
(3)
Letter
and characters shall be recessed, raised and/or painted. No flat plastic
or vinyl lettering is permitted.
A.
It shall be unlawful for any person, firm or corporation
to alter, relocate, reconstruct or cause to be rotated, reconstructed
or changed in any manner by wording or otherwise or maintain within
the limits of the Borough any sign without first having obtained from
the Zoning Officer and having in force and effect a permit to maintain
each sign. The above notwithstanding, existing signs, whether or not
conforming to existing ordinances, may be removed, refurbished and
replaced.
A.
All legally existing signs, on the date of the passage
of this article, not conforming to the requirements of this article,
may be continued on the premises on which they are then located, provided
that they are not altered, replaced or enlarged. Any such sign must
be maintained in good condition, and in the event that any such sign
is partially destroyed by the elements or other causes beyond the
control of the owner, the same may be repaired or restored to its
original condition.
B.
At the termination of any professional, business,
commercial or industrial 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 90 days from the date of termination of such use.
A.
Upon compliance with this article, sign permits shall be issued by the Borough Zoning Official after payment of fees set forth in Chapter 127, Fees, and upon completion of an application as prescribed by the Borough Zoning Official.
B.
It shall be unlawful to erect or maintain a sign within
the Borough without first obtaining the above described permit, except
that the following signs shall not require an application, sign permit
or fee:
(1)
Official signs described in § 163-89A(1).
(2)
Home office or occupation signs described in § 163-89A(2).
(3)
Residential nameplate signs described in § 163-89A(3).
(4)
Warning signs described in § 163-89A(6).
(5)
Historical signs described in § 163-89A(8).
(6)
Freestanding traffic control signs described in § 163-89A(11).
(7)
Memorial signs described in § 163-89A(12).
C.
All other signs shall display sign permit number in
one-inch numerals in lower right-hand corner. Existing signs must
display their permit number within 90 days of the enacting of this
section.
In the event that a proposed sign does not comply
with the provision of this article, an application for a variance
may be made and decided by the Zoning Board of Adjustment,[1] in the same manner as any other variance. Signs constructed
under a variance must obtain a permit and permit number after the
granting of said variance and before sign installation is begun.
[1]
Editor’s Note: Ordinance No. 2015-6, adopted 5-19-2015,
provided that, "Any and all references within this chapter to the
Zoning Board of Adjustment shall be constructed to apply to Planning
Board."
A.
Enforcement. The Zoning Official shall enforce the provisions of this article per § 163-77C of this chapter.
B.
Penalties and violations. In addition to the penalties provided in § 163-77C of this chapter, upon conviction the sentencing court shall also order the removal of the sign or the signs being brought into conformity with the provisions of this article at the owner's sole expense.
C.
Summary removal. In the event it shall be determined
by the Borough Zoning Official that the presence of any sign, by reason
of construction, location or lack of maintenance and repair, presents
a hazard to the health, safety and welfare of the residents of the
Borough, or temporary signs, if they are determined by the Zoning
Official to be contrary to ordinance, said official shall be empowered
to immediately remove the sign, and the expenses of said removal shall
be borne by the owner of said sign and/or the owner or lessee of the
property upon which the sign is located.
D.
Violative signs. If it is determined that a sign is
in violation of this chapter it shall be removed within 24 hours.
