All signs within the Borough of Raritan shall be erected, constructed or maintained in accordance with the provisions of this article. No existing 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 by the Construction Official. The issuance of a permit shall not relieve the owner or lessee of the premises from the duty of maintaining safely any of such structures. Any sign of any description shall be plainly marked with the name of the person, firm or corporation erecting or maintaining such sign.
A.
Objectives of sign regulations:
(1)
To protect the public health, safety, and welfare by restricting signs which impair the public's ability to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.
(2)
To encourage signs that promote a desirable visual environment through creative yet orderly design arrangements.
(3)
To encourage signs that aid orientation, identify activities, describe local history and character, or serve other educational purposes.
(4)
To encourage the replacement of nonconforming signs through the strict enforcement of the procedures and requirements of this article.
B.
Permit required for signs.
(1)
An application must be made to the Zoning Officer for the issuance of a zoning permit by any person wishing to erect, alter, modify, or expand any sign, except for exempt signs as described in this article.
(2)
A construction permit and any other permits that may be required for the erection or modification of a sign may only be issued subsequent to the issuance of a zoning permit by the Zoning Officer.
(3)
This article regulates the size, height, width, placement, materials, and the method of illumination for all signs in the Borough. If the Zoning Officer determines that the proposed sign does not conform to the requirements contained herein, the applicant shall be informed that Planning Board approval of an application for development is required.
[Amended 7-26-2011 by Ord. No. 11-07[1]]
(4)
On properties involved in an application for site plan review, all signs shall be approved by the Board which has jurisdiction as part of the site plan application prior to the issuance of permits for signs.
C.
Filing procedures.
(1)
Application for permits to erect, hang or place a sign shall be submitted on forms obtainable from the Construction Official. Each application shall be accompanied by plans showing the area of the sign, size and character, method of illumination, if any, the exact location proposed for such sign, and, in the case of a projecting sign, the proposed method of fastening such sign to the building structure, the vertical distance between such sign and the finished grade and the horizontal distance between such sign and the curb, and also between such sign and the right-of-way line.
(2)
Additional information. Each applicant shall, upon the request of the Zoning Officer, submit any additional information deemed necessary.
D.
Signs not requiring permits. The following signs may be erected, constructed, placed and maintained without a permit from the Construction Official:
(1)
Any temporary real estate sign. Such sign shall not be illuminated nor exceed 12 square feet.
(2)
Any incidental sign advertising the sale of farm products grown or produced on the premises, provided that such sign shall not exceed 12 square feet in area and shall be at least 100 feet from the nearest intersection of a street, road or highway and at least five feet from the nearest property line. Such sign shall not be illuminated.
(3)
Any temporary construction site sign erected on the site during the period of construction to announce the name of the owner or developer, contractor, architect, landscape architect or engineer. Such signs shall not be illuminated.
(4)
Temporary signs of mechanics, painters and other artisans, provided that such signs shall be erected only on the property where such work is being performed, do not exceed 12 square feet and shall be removed promptly upon completion of the work.
(5)
Signs incident to the legal process of law and necessary to the public welfare.
(6)
Customary warning, trespassing and posted signs or signs indicating the private nature of a driveway or property, provided that the size of the sign does not exceed three square feet.
(7)
Directional or informational signs of a public or semipublic nature, not exceeding eight square feet in area. Not more than one such sign shall be placed on each property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage. Such signs shall only be used for the purpose of stating or calling attention to:
(a)
The name or location of a hospital, community center, public or private school, church, synagogue or other place of worship.
(b)
The name or place of meeting of an official or civic body such as a Chamber of Commerce or service club.
(c)
An event of public interest such as a public or general election, church or public meeting, local, county and state fair, volunteer fire department fair, and other similar community activities and campaigns.
(d)
Soil conservation, 4-H and similar projects.
E.
Computation of sign area.
(1)
The size of any sign shall be computed by determining the total area of any signboard, sign face, or sign background at its largest horizontal and vertical dimensions, including framing, trim, or molding. Where there is no framing, the sign area shall be deemed to be the area of the smallest rectangular figure that can encompass all of the figures and their supporting logos or elements, if any.
(2)
For double-faced signs, only one display face shall be measured in computing the total sign area where the sign faces are parallel. Maximum permitted size does not include the supporting structure, as long as the supporting structure is not designed to convey a message. The supporting structure shall not in itself convey any type of message.
F.
Computation of sign setback. The sign setback shall be measured from the property line to the nearest part of the sign, including any base, frame, or decorative elements.
G.
Computation of sign height. Maximum sign height shall be measured between average grade immediately below the sign and the highest point of the highest element of the sign. Wall signs shall not project above the top or beyond the ends of the wall surface upon which they are placed, nor shall wall signs be placed on a parapet or similar architectural device such that the sign would project above the elevation of the roof behind such parapet or device.
H.
Sign illumination. Illuminated signs may be floodlighted, spotlighted, or internally illuminated with a diffused light source, unless such illumination is specifically prohibited elsewhere in this chapter. For example, awning signs and canopy signs may not be backlit. All illumination shall be subject to the following:
(1)
All lighting sources shall be completely shielded from the view of vehicular traffic.
(2)
Such illumination shall not project light above the highest elevation of the front wall of the building for wall-mounted signs or more than five feet above ground level for freestanding signs.
(3)
Backlit/internally lit signs shall not have a white or light-colored background or signboard.
(4)
Where a sign is located on a lot with residential uses or on a lot adjacent to a lot used primarily for residential purposes, such shall not be illuminated in a manner that permits any light to shine or cause a nuisance to the adjacent residential use.
(5)
No illuminated sign located on a lot adjacent to or across the street from any single-family residential district and visible from such residential district shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m.
(6)
No sign shall contain blinking, flashing, flickering, tracer, or sequential lighting. All signs shall remain stationary and constant in intensity and color at all times.
(7)
All wiring for permanent illuminated signs shall be installed and maintained so that it is not within public view. The running of wiring or conduit along the exterior wall of a building to access a sign is specifically prohibited unless, in the judgment of the Construction Official, there is no practical way to run the conduit so that it is not within public view.
(8)
No illuminated sign shall be of such a color or located in such a manner as to be confused with, or to diminish or detract in any way from, the effectiveness of any traffic signal or similar official safety warning or device.
I.
Sign content. The content or advertising which may be displayed on signs shall be limited to the identification and location of the premises, identification of its owners or occupants, and information concerning the activities conducted on the premises or the goods and services offered in connection therewith. All sign graphics shall be made by a qualified professional.
J.
Sign maintenance. Signs shall be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated. All signs, together with all supports, braces, anchors, and other parts, shall be kept in continual repair, including cleaning, painting, replacing of defective parts, and otherwise maintaining a presentable condition. Lack of proper maintenance shall be considered abandonment, and the sign shall be repaired, painted, cleaned, or otherwise returned to a presentable condition or removed within 10 days upon notification by the Zoning Officer or Construction Code Official.
K.
Sign removal for change or termination of use. In the event a business or commercial use ceases operation for a period of time in excess of 60 consecutive days, the property owner shall be responsible for the removal of any sign identifying or advertising the business or commercial use or any products sold thereby.
(1)
This section may be enforced by the Zoning Officer, Building Inspector or Property Maintenance Code Official. Upon such official having probable cause to believe that a business or commercial use has ceased in accordance with the provisions of this section, such officer shall issue a written notice to the property owner as identified in the records in the Tax Assessor's office. Such notice shall advise the property owner that the official believes the business or commercial use to have been terminated for a period of time in excess of 60 consecutive days and shall further advise of the requirements of the removal of signs in accordance with this section. The notice shall provide that the property owner shall have 15 days from the date of the notice to remove all signs or to present such evidence to the official as the property owner deems appropriate to establish that the use has not been terminated or abandoned for the period of time as set forth in this section. In the event the official is not satisfied with the evidence of the property owner and continues in his determination, the property owner shall have the right to make application to the Planning Board to appeal such determination. Such application to the Planning Board must be made within 30 days of the determination of the official. During the time of such appeal to the Planning Board, no action shall be required by the property owner as to removal of signs. In the event that the Planning Board affirms the decision of the official, the property owner shall remove all signs within 15 days of being advised of the decision of the Planning Board.
[Amended 7-26-2011 by Ord. No. 11-07]
(2)
If the property owner fails to comply with the notice to remove all signs and fails to appeal such determination, the official is hereby authorized to cause the removal of all such signs, and any expenses incidental to such removal shall be charged to the property owner and shall constitute a lien upon the property.
(3)
For the purpose of this section, the word "remove" shall mean:
(a)
Removal of the sign face, along with posts, columns, and/or other supporting structures of the freestanding signs, projecting signs, roof signs, or wall signs; or
(b)
Painting over a painted wall sign in such a manner as to completely cover and hide the sign in question and in such a manner that such painting over shall be consistent with the design and aesthetics of the property.
L.
Sign appurtenances. Sign appurtenances shall be permitted only when designed as an integral part of the sign, constructed of similar materials, and graphically compatible in color, shape, position, and scale with the permitted sign face. Sign appurtenances, such as the supporting structure, brackets, and decorative elements, cannot increase the proposed sign area by greater than 15%. Appurtenances cannot extend above or below the sign face by a distance greater than 25% of the sign face height. Sign appurtenances cannot project outward beyond the face of the proposed sign.
M.
Sign placement. No signs, illustrations, or symbols shall be placed so as to interfere with the opening of an existing door of any building or to obstruct any window opening, except for window signs as regulated herein. No sign shall be placed to interfere with the use of any fire escape or to create a hazard to pedestrians, and no portion of any sign shall be located within or suspended over a pedestrian walk within a ten-foot clearance.
N.
Setback to residential district. When signs are located along the district boundary of any residential district, they shall be set back not less than 10 feet from such residential district boundary line, and they shall be screened from the adjoining residential district by shrubbery, a wall or other suitable device.
O.
Projection of wall-mounted signs. No wall sign may project more than nine inches from the outer face of a wall and shall not extend over any public right-of-way, unless otherwise provided for in this article. Any desired wall sign which projects more than nine inches from the outer wall face shall be considered a projecting sign and must conform to all applicable provisions for projecting signs set forth in this article. No canopy used as an internally illuminated wall-mounted sign shall project more than nine inches from the building face to which the canopy is attached. An awning sign shall not be construed in any way to be a wall sign.
P.
Lighting plan and off-premises effects.
(1)
Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on a lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety, and overhead sky glow. The objective of these items is to minimize undesirable off-premises effects.
(2)
No light shall shine into building windows nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to approval by the Zoning Officer or appropriate board of jurisdiction when applicable. Wall-mounted figures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.
Q.
Street address numbers required. All buildings shall display street address numbers in a manner that is clearly legible from the public street. Individual street address numbers for nonresidential properties shall be a minimum of six inches high; higher if deemed necessary due to visibility circumstances.
R.
Nonconforming signs.
(1)
Any sign, billboard, signboard or advertising device existing at the time of the passage of this chapter that does not conform, in use, location, height or size, to the regulations of the district in which such sign is located shall be considered a nonconforming use and may continue in such use in its present location until replacement or rebuilding becomes necessary, at which time a permit will be required and the sign brought into conformity with this article.
(2)
If and when any sign is altered, except for purposes of minor and nonstructural maintenance and/or repairs, the sign shall thereafter conform to all requirements of this article.
(3)
Whenever any change of use, occupancy, or vacancy occurs, all existing signs no longer relating to the current use and occupancy of the premises shall be immediately removed. In addition, any sign not conforming to any requirement of this article and removed in accordance to this requirement shall not be replaced unless it conforms to all signage requirements of this article.
(4)
Any lawfully preexisting nonconforming sign may be repaired or relettered containing the same specific message or letters. However, any change in the message or letters on the sign occasioned by a change of business, change of use, change of tenant, change of product or service offered or for any other reason must comply with the applicable provisions of this article.
S.
Temporary signs. Except for temporary real estate signs, a temporary sign shall not remain in place for a period exceeding six months. A temporary sign shall be removed by the person, firm or corporation owning such sign or structure or by the owner of the building or premises on which such sign is affixed or erected within 10 calendar days following expiration of the time allowed for maintenance of said sign.
T.
Prohibited signs. The following signs shall be prohibited within the Borough:
(1)
Signs utilizing inert ionized-gas sign lighting, commonly called "neon," when the neon tube is visible, including window surrounds and similar inert gas illumination, with or without a distinct message.
(2)
Signs in the public right-of-way unrelated to the public health, safety and welfare.
(3)
Any sign for advertising purposes that mimics or is substantially similar to a public purpose sign.
(4)
Signs with lights or illumination which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsation.
(5)
Signs within designated sight triangles and signs which directly obstruct drivers' lines of sight.
(6)
Nonpublic banners which stretch across a public right-of-way between telephone poles, trees or other structures.
(7)
Roof signs.
(8)
Reader board signs.
(9)
Any sign that, in the opinion of the Planning Board officer, presents an immediate danger to the public health, safety or welfare.
[Amended 7-26-2011 by Ord. No. 11-07]
(10)
Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement.
(11)
Signs that advertise or identify a use which has ceased operation.
(12)
The continuous parking or storage of a motor vehicle or other mobile unit displaying an advertising message.
(13)
Any flag not specifically identifying a local, state or federal government agency.
(14)
Any sign containing obscene, pornographic or lewd messages.
(15)
Signs that obstruct a fire escape, door, window or other required accessway.
(16)
Signs that are not accessory to a principal use on a property.
(17)
Signs for a commercial purpose painted on a wall.
(18)
Signs within 100 feet of the property line of any historical site or monument.
(19)
No sign shall be placed by any person within any public right-of-way within the Borough of Raritan. No signs shall be placed on any property owned by the Borough of Raritan unless authorization is received by the appropriate officials of the Borough of Raritan. No sign shall be placed on property owned by the County of Somerset or State of New Jersey unless authorization is received from officials of the Borough of Raritan and the appropriate officials of the County of Somerset or State of New Jersey. This prohibition shall not apply to signs placed on behalf of or by any political subdivision of the State of New Jersey. Nor shall this prohibition apply to temporary signs placed in connection with construction on a right-of-way or made necessary because of said construction.