The attractiveness of the Borough of Lincoln Park contributes to the general welfare and economic well-being of its citizens, property owners, and business people. Reasonable control of signs promotes a desirable visual environment and enhances public safety. The purpose of the regulations and standards that follow are to encourage the effective use of signs as a means of communication; to maintain and enhance the aesthetic environment of the Borough; to improve traffic safety; to minimize the possible adverse effect of signs on property values; and to enable fair and consistent enforcement of these sign regulations. This article is adopted under the zoning authority of the Borough in furtherance of the more general purposes set forth in § 28-1.1 of this chapter.
For the purposes of this article, the terms and words set forth
below shall be defined as follows:
Giving, attempting to give, or intending to give notice,
information or warning to any person by any means.
A sign used to display or list current or future attractions
or events to be held on the premises where such sign is located.
A structure made of cloth, metal or other material affixed
to a building in such a manner that the structure may be raised or
retraced to a position against the building.
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or any flexible fabric of any kind.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which is
intended to attract or divert attention; except, however, that this
term is not intended to include any kind of lighting device which
is required or necessary under the safety regulations described by
the Federal Aviation Administration or similar agencies.
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment not sold or offered upon the premises
where the sign is located.
Any sign erected by a public or nonprofit organization.
A structure, other than an awning, made of cloth, metal or
other material with frames affixed to a building and/or supported
on the ground.
The entire rectangular geometric area within a single continuous
perimeter enclosing the extreme limits of characters, lettering, illustrations,
ornamentations, or other figures, together with any material or color
forming an integral part of the display or which differentiates the
sign from the background on which it is placed. Structural supports
bearing no sign copy shall not be included in the display surface
area. The display surface area of a two-faced sign shall be considered
to be the area of the largest single face, provided that both faces
are directly parallel to each other.
Zoning Officer or designee.[1]
To build, construct, attach, fabricate, hang, place, suspend
or affix any object, including but not limited to the painting or
lettering of any sign, insignia, or letters painted or otherwise affixed
to the exterior surface of any structure.
Any fabric, banner or bunting containing distinctive colors,
patterns, or symbols used as a symbol of a government, political subdivision,
organization, club, company or other entity.
Governing body, Planning Board, Zoning Board of Adjustment
or designee.
Property and buildings contained thereon.
Any single or multi-tenanted commercial building located
in the B-2 Zone.
Includes every object, device, frame, figure, character,
mark, point, fixture, graphic design, picture, stroke, stripe, trademark,
model, emblem, placard, symbol, display, light, logo or reading matter
which is used or intended to be used to advertise, identify, display,
direct, or attract attention to an object, person, institution, organization,
business, product, service, event, or location by any means, including
words, letters, figures, designs, symbols, colors, illumination, or
projected images, when the same is placed in the view of the general
public.
An A-shaped temporary and easily movable ground sign, usually
two-sided, used for advertising commodities, services or entertainment
usually conducted upon the premises where the sign is located.
A sign which directs attention to a business, profession,
activity, commodity, service or entertainment conducted, sold, or
offered upon the premises where such sign is located or within the
building in or on which such sign is affixed.
A sign identifying the person, firm or corporation involved
in the design, construction, demolition, financing or development
of a project and placed upon the premises where and during the time
the project is under construction.
A sign which provides direction or instruction to guide persons
to facilities intended to serve the public, including, by way of example
and not limited to, signs identifying rest rooms, public telephones,
public walkways, parking areas and other similar facilities. No sign
with a commercial message legible from a position off the lot on which
the sign is located shall be considered directional.
A sign which indicates the name and/or address of the occupant
of the premises, the name and/or address of the premises, and/or identification
of any permitted use, business or occupation which may exist on the
premises.
An illuminated sign in or on which the artificial source
of illumination is not maintained stationary and/or constant in intensity
and/or color at all times, when such sign is illuminated. For purposes
of this article, any moving, illuminated sign shall be deemed a flashing
sign.
Any sign, other than a ground sign, supported by structures
or supports or upon the ground and not attached or dependent for support
from any building.
A sign supported by structures or supports or upon the ground
and not attached or dependent for support from any building, the highest
point of such sign or any attached structure being no more than seven
feet high measured from the ground.
A sign in or on which an artificial source of illumination
is utilized.
A sign which revolves, rotates, swings, undulates or otherwise
contains any moving part or device which gives the visual impression
of movement, including electronically controlled copy or lighting
changes, excluding flags, pennants or banners.
Self-illuminating electric signs usually constructed of glass
tubing containing a vapor or gas configured to form a display or lettering.
A sign which directs attention to a person, business, profession,
activity, commodity, service or entertainment conducted on premises
other than the premises where such sign is located.
Any sign other than a temporary sign.
A sign identifying or calling attention to any political
candidate, issue, party or viewpoint.
A sign not permanently affixed to the ground or other structure,
or a sign designed to be transported, including but not limited to
signs designed to be transported on a vehicle or trailer.
A sign affixed parallel to the exterior surface of any building
or structure.
A temporary sign which is used to offer for sale, lease or
rent all or any portion of the premises upon which such sign is placed.
A temporary sign which is used to advertise a public viewing
of premises offered for sale, lease or rent upon the premises where
such sign is placed.
A temporary sign which is used to indicate that all or a
portion of the premises offered for sale, lease or rent, upon which
the sign is placed, has been sold, leased or rented.
A temporary sign which is used to indicate that a business
has relocated to another premises.
A sign erected or maintained, in whole or in part, upon,
against or directly above the roof or parapet line of a building.
A sign erected, affixed or maintained, intended or designed
to be erected, affixed or maintained on premises for a short, usually
fixed, period of time, including but not limited to signs relating
to a particular season, holiday, campaign, sale or promotion of limited
duration.
A sign affixed to the vertical face of any structure.
A sign giving notice to the public of the existence of danger
or the need for increased caution or circumspection.
A temporary sign attached to, placed upon, located in, or
painted upon a window or door of a building which is intended for
viewing from the exterior of such building.
All signs shall be so designated, located, shielded and directed
as to prevent the casting of glare or direct light from artificial
illumination upon adjacent public roadways or adjacent property.
All signs permitted by this article shall be erected in accordance
with the following provisions:
A.
No sign shall be erected, constructed or maintained so as to obstruct
any fire escape, required exits, windows, doors, wall openings or
other area intended as a means of ingress and egress.
B.
No sign shall be erected, constructed or maintained so as to obstruct
or interfere with any building opening required or intended for ventilation.
C.
All signs shall be located in such a way that it maintains adequate
horizontal and vertical clearance from all utility lines.
D.
No sign shall be erected, constructed or maintained in any public
right-of-way, with the exception of warning, directional or traffic
signs.
E.
No sign shall be erected, constructed or maintained so as to obstruct
or interfere with any existing warning, directional or traffic signs.
F.
No sign shall be erected, constructed or maintained on property or
rights-of-way owned or controlled by the Borough of Lincoln Park without
the permission of the governing body of the Borough.
The following signs are hereby expressly prohibited for erection,
construction, repair, alteration or relocation within the Borough
of Lincoln Park, except as otherwise permitted in this article:
C.
Billboards and off-premises signs, except as a temporary sign, as provided in § 28-21.7D of this article.
D.
Moving or animated signs and/or flashing, flickering, tracer or sequential
lighting, signs or beacons.
F.
Attached or projecting signs which project more than 12 inches beyond
the exterior surface to which they are affixed.
G.
Roof signs.
H.
Signs placed on or affixed to motor vehicles and/or trailers parked
on a public right-of-way, public property or private nonresidential
property visible from a public right-of-way or public property, whose
purpose is to advertise a product, business, profession, activity,
commodity, service or entertainment conducted, sold or offered upon
the same, adjacent or nearby property. This is not intended to prohibit
the casual sale from private residential property of no more than
one vehicle, boat or trailer and signs incident thereto.
I.
Signs which are attached or otherwise affixed to trees or other living
vegetative matter or telephone poles.
J.
Signs painted on an exterior wall, fascia parapet or chimney of a
building or on a fence.
K.
Signs which imitate, interfere with or obstruct the view of any authorized
traffic control signal, sign or other device.
L.
Any advertisement which uses a series of two or more signs placed
in a line parallel to the road or in a similar fashion, all carrying
a single advertisement message, part of which is contained on each
sign.
M.
Signs using any material which sparkles or glitters.
The following signs are hereby exempt:
A.
Awning, canopy and marquee signs. Signs not exceeding an aggregate
display surface area of four square feet.
B.
Directional or instructional signs. Display signs not exceeding four
feet in display surface area and containing no advertising of a commercial
nature.
C.
Flags. Flags or emblems.
D.
Governmental signs.
E.
Holiday decorations. Signs or other decorative materials temporarily
displayed on traditionally accepted civic, patriotic or religious
holidays and containing no advertising of a commercial nature.
F.
Interior signs. Signs which are fully located within the interior
of any building.
G.
Name and address plates. A single nonilluminated sign not exceeding
one square foot.
H.
No trespassing, no dumping, no parking, towing and other similar
signs not exceeding two square feet in display surface area.
I.
Plaques. Plaques, nameplates or memorial signs, directly attached
or affixed to the exterior wall of a building, not exceeding four
square feet in aggregate gross surface area, and containing no advertising
of a commercial nature.
J.
Political signs. Political signs not exceeding the maximum aggregate
gross surface area of any sign permitted in the zone where placed.
K.
Public signs and notices.
L.
Signs on vehicles. Signs placed on or affixed to vehicles and/or
trailers incidental to the primary use of the vehicle or trailer but
not signs where the apparent purpose is to advertise a product or
direct people to a business or activity located on the same or nearby
property.
M.
Vending machine signs. Permanent signs on vending machines indicating
only contents and pricing or instructional information not exceeding
four square feet.
N.
Any sign specifically required by ordinance.
O.
Relocation signs. Relocation information signs for a period of 30
days restricted to the present location not to exceed four square
feet.
P.
Window signs. Temporary window signs not to exceed 35% of total storefront
window area or 50% of the area of the display window. Such signs shall
not be displayed for any period exceeding 30 days.
Q.
Garage sales. Garage sale signs located on the premises only, not
exceeding two square feet and containing the date of sale. Such sign
shall be removed within 24 hours of the last day of sale.
B.
Temporary business signs. Temporary business signs identifying a
limited activity, service, product, sale or promotion of limited duration
upon the premises shall not exceed four square feet and display shall
be limited to seven days.
C.
Temporary construction signs. One temporary construction sign identifying
the parties involved in the construction to occur or occurring on
the premises on which the sign is placed shall not exceed 32 square
feet and shall be maintained solely during the period of active construction.
D.
Temporary event signs. Temporary event signs announcing a campaign,
drive, activity, or event of a civic, philanthropic, educational,
religious or eleemosynary organization for noncommercial purposes
shall be subject to the following:
(1)
Any temporary event sign shall not interfere with or obstruct
access, activity or vision along any public right-of-way.
(2)
Any temporary event sign shall not be maintained for a period
in excess of 30 days prior to the date on which the campaign, drive,
activity or event advertised is scheduled to occur and shall be removed
within three days of termination.
E.
Temporary real estate signs. Temporary real estate signs shall be
subject to the following:
(1)
There shall be no more than one temporary real estate sign for
each lot.
(2)
One temporary real estate sign (open house) shall be permitted
on each lot for a period of 48 hours.
(3)
Area.
(a)
Temporary real estate signs shall not exceed six square feet
in display surface area for each exposed face.
(b)
On lots with public roadway frontage exceeding 250 feet and
square footage in excess of one acre, temporary real estate signs
shall not exceed 20 square feet in aggregate display surface area.
(4)
Location. Temporary real estate signs shall be located only
upon the premises. Off-premises real estate signs shall not be permitted.
A.
Residential zones or uses. For all residential zones or uses, only
the following signs are permitted, and only if accessory and incidental
to a permitted use upon the premises where the sign is located:
(1)
One externally illuminated residential development sign indicating
the name of the development shall be permitted at each point of vehicular
access to the development from a public roadway and shall be placed
no closer than 15 feet to any public or private roadway or driveway.
Signs may not exceed 20 square feet in display surface area nor project
above the ground higher than seven feet.
(2)
Institutional attraction/bulletin boards. One attraction board
or wall or ground sign displayed by a civic, philanthropic, educational
and religious organization identifying activities, events and services
involving the organization occupying the premises on which the attraction
board is to be erected but containing no commercial advertising material
of any kind shall be permitted, subject, however, to the following:
B.
Nonresidential zones and uses.
(1)
Business zones (B-1, B-2, B-3, LB and CR) and uses, For all
business zones, only the following signs are permitted and only if
accessory and incidental to a permitted use upon the premises where
the sign is located:
(a)
Business use signs. Business use signs shall be subject to the
following:
[1]
Wall signs.
[a]
Number. There shall be not more than one wall sign
for each business.
[b]
Area. The display surface area of a wall sign shall
not exceed 10% of the area of the building wall, including doors and
windows, to which the sign is to be affixed or 32 square feet, whichever
is less.
[c]
Location. A wall sign may be located on the outermost
wall of any principal building but shall not project more than 12
inches from the wall to which the sign is to be affixed. The location
and arrangement of an overall building sign plan shall be subject
to the review and approval of the municipal review agency as part
of the site plan process.
[d]
Height. A wall sign shall not project higher than
the parapet line of the wall to which the sign is to be affixed or
20 feet, whichever is less.
[e]
Special conditions. Where a principal building
is devoted to two or more permitted uses, such overall building wall
sign shall be subject to review and approval of the municipal agency.
[2]
Ground signs.
[a]
Number. There shall not be more than one ground
sign for each lot or principal building.
[b]
Area. The display surface area of a ground sign
shall not exceed 32 square feet.
[c]
Location. A ground sign may be located in any required
yard but shall not extend over any lot line or within 15 feet of any
point of vehicular access and/or within seven feet of any public roadway.
[3]
Freestanding signs.
[a]
Number. There shall be no more than one freestanding
sign for each principal building.
[b]
Area. The display surface area of a freestanding
sign shall not exceed 32 square feet.
[c]
Location. A freestanding sign may be located in
any required yard but shall not extend over any lot line or within
15 feet of any point of vehicular access or within seven feet of any
public roadway.
[d]
Height. A freestanding sign shall not project higher
than 20 feet.
[4]
Awning, canopy and marquee signs.
[a]
Number. There shall not be more than one awning,
canopy, or marquee sign which does not exceed a display surface area
of four square feet for each principal building.
[b]
Area. The display surface area of an awning, canopy
or marquee sign shall not exceed 50% of the gross surface area of
the smallest face of the awning, canopy or marquee to which such sign
is to be affixed.
[c]
Location. A sign may be affixed to or located upon
any awning, canopy or marquee. The location and arrangement of all
such signs shall be subject to the review and approval of the municipal
review agency as part of the site plan process.
[d]
Height. An awning, canopy or marquee sign shall
not project higher than the top of the awning, canopy or marquee to
which such sign is to be affixed.
(b)
Shopping center signs. Shopping center signs shall be subject
to the following:
[1]
Wall signs.
[a]
Number. There shall not be more than one wall sign
for each principal tenant or use contained in a shopping center, except
that where a tenant or use abuts two or more streets, additional such
signs, one oriented to each abutting street, shall be permitted.
[b]
Area. The display surface area of a wall sign shall
not exceed 10% of the tenant's or use's proportionate share of the
building wall to which the sign is to be affixed or 40 square feet,
whichever is less.
[c]
Location. A wall sign may be located on the outermost
wall of any principal building but shall not project more than 12
inches from the wall to which the sign is to be affixed. The location
and arrangement of an overall building sign plan shall be subject
to the review and approval of the municipal review agency as part
of the site plan process.
[d]
Height. A wall sign shall not project higher than
the parapet line of the wall to which the sign is to be affixed or
20 feet, whichever is less.
[2]
Freestanding signs.
[a]
Number. There shall not be more than one freestanding
sign for each shopping center.
[b]
Area. The display surface area of a freestanding
sign shall not exceed 60 square feet.
[c]
Location. A freestanding sign may be located in
any required yard but shall not extend over any lot line or within
15 feet of any point of vehicular access from a public roadway.
[d]
Height. A freestanding sign shall not project higher
than 25 feet as measured from base of sign or grade of the nearest
adjacent roadway, whichever is less.
[3]
Awning, canopy, and marquee signs.
[a]
Number. There shall not be more than one awning,
canopy or marquee sign which does not exceed a display surface area
of four square feet.
[c]
Location. A sign may be affixed to or located upon
any awning, canopy or marquee. The location and arrangement of all
such signs shall be subject to the review and approval of the municipal
review agency as part of the site plan process.
[d]
Height. An awning, canopy or marquee sign shall
not project higher than the top of the awning, canopy or marquee to
which such sign is to be affixed.
[4]
Attraction boards.
[a]
Type. Shopping center attraction boards shall be
ground signs or freestanding signs.
[b]
Number. Each shopping center may erect a single
attraction board to be used in identifying special, unique or limited
activities, services, products or sales of limited duration occurring
within the shopping center in which the attraction board is to be
located.
[c]
Area. The display surface area of a shopping center
attraction board shall be included within the permitted aggregate
display surface area for all ground signs and freestanding signs located
on the premises.
[d]
Location. A shopping center attraction board may
be located in any required yard but shall not extend over any lot
line within 15 feet of any point of vehicular access from any lot
to a public roadway and shall be contiguous with or attached to any
other permitted ground sign located on the premises.
[e]
Height. A shopping center attraction board shall
not project higher than 15 feet as measured from the base of sign
or grade of the nearest adjacent roadway, whichever is higher.
(c)
Institutional attraction/bulletin boards. Attraction boards
displayed by civic, philanthropic, educational and religious organizations
identifying activities, events and services involving the organization
occupying the premises on which the attraction board is to be erected
but containing no commercial advertising material of any kind shall
be subject to the following:
[1]
Type. Institutional attraction boards may be either wall signs
or ground signs.
[2]
Number. There shall not be more than one institutional attraction
board for each principal building.
[3]
Area. The display surface area of an institutional attraction
board shall not exceed 20 square feet for each exposed face nor exceed
an aggregate gross surface area of 40 square feet, whichever is less.
[4]
Location. An institutional attraction board may be located in
any required yard but shall not extend over any lot line or within
15 feet of any point of vehicular access from a public roadway.
[5]
Height. An institutional attraction board shall not project
higher than 15 feet as measured from base of sign or building to which
the sign is to be affixed or the grade of the nearest adjacent roadway,
whichever is higher.
(2)
Industrial zones (TI, PI, I and AI) and uses. For all industrial
zones and uses, only the following signs are permitted and only if
accessory and incidental to a permitted use upon the premises where
the sign is located:
(a)
Office and industrial use signs. Office and industrial use signs
shall be subject to the following:
[1]
Wall signs.
[a]
Number. There shall not be more than one wall sign
for each principal building, except that where the building abuts
two or more streets, additional such signs, one oriented to each abutting
street, shall be permitted. If the principal building contains two
or more tenants, a single wall sign for each tenant shall be permitted,
so long as the total aggregate display surface area of all signs does
not exceed the maximum area requirements of Subsection B(2)(a)[1][b].
[b]
Area. The gross surface area of a wall sign shall
not exceed 10% of the area of the building wall, including doors and
windows, to which the sign is to be affixed or 50 square feet, whichever
is less.
[c]
Location. The location and arrangement of all office
and industrial park signs shall be subject to the review and approval
of the municipal review agency as part of the site plan process.
[d]
Height. An office or industrial park sign shall
not project higher than 15 feet as measured from base of sign or grade
of the nearest adjacent roadway, whichever is higher.
[2]
Directory signs. Directory signs indicating only the names of
the occupants of the premises on which the sign is to be located but
containing no advertising material of any kind shall be subject to
the following:
[a]
Type. Directory signs may be either wall signs
or ground signs.
[b]
Number. There shall not be more than one directory
sign for each industrial building.
[c]
Area. The aggregate display surface area of a directory
sign shall not exceed five square feet for each occupant located in
the building or complex.
[d]
Location. A directory sign may be located in any
required yard but shall not extend over any lot line or within 15
feet of any point of vehicular access to a public roadway.
[e]
Height. A directory sign shall not project higher
than seven feet.
A.
Applications for sign permits shall be submitted to the Director
of Engineering and Development and shall contain and/or have attached
thereto the following information:
(1)
The names, addresses, and telephone numbers of the applicant,
the owner of the premises on which the sign is to be erected and affixed,
the owner of the sign, and the person, firm or corporation to be erecting
or affixing the sign.
(2)
The location of the building, structure or lot on which the
sign is to be erected or affixed (street address and lot and block
number).
(3)
A site plan or sketch of the property showing accurate placement
thereon of the proposed sign.
(4)
An elevation drawing depicting the proposed sign showing accurately
how it will appear.
(5)
If required by the enforcement official, two blueprints of the
plans and specifications of the sign to be erected and affixed. Such
plans and specifications shall include details of dimensions, materials,
color and weight.
(6)
If required by the enforcement official, a copy of stress sheets
and mounting calculations prepared by a licensed engineer showing
that the sign is adequately designed for dead load and wind pressure
in any direction as may be required by this article and applicable
state and federal regulations.
(7)
The written consent of the owner(s) of the building, structure
or property on which the sign is to be erected or affixed.
(8)
For temporary signs, the duration of time the sign shall be
maintained on the premises.
(9)
If the application is for an existing building, current color
photographs of all exposed exterior walls of the building shall be
submitted.
(10)
Such other information as the Director of Engineering and Development
may reasonably require to determine compliance with this chapter and
other applicable ordinances.
B.
A separate application and fee shall be required for each sign to
be erected, constructed, repaired, altered, replaced or relocated.
A.
Continuance. Any sign lawfully existing before the effective date of this article may be continued in operation and maintained indefinitely as a preexisting nonconforming sign, except in such cases where any such sign is found to be unsafe or unlawful as provided by § 28-21.11. However, no preexisting nonconforming sign shall be enlarged, expanded, extended or increased.
B.
Abandonment. A nonconforming sign shall be adjudged and deemed abandoned
where there occurs a destruction of such sign, cessation of use of
such sign or where the product, service, place, activity, person,
institution, business or solicitation advertised is discontinued on
the premises where such sign is located for a period of 90 days or
more from the date of destruction, cessation or discontinuance.
C.
Destruction. If any nonconforming sign shall be destroyed then such
replacement sign shall be constructed in conformance with the provisions
of this chapter.
A.
Any sign which advertises a business, profession, activity, commodity,
service, occupant or entertainment no longer being conducted, sold
or offered in or from the premises on which the sign is located shall
be removed within 180 days from the cessation of such business, profession,
activity, commodity, service, occupancy or entertainment by the permit
holder or the owner, tenant, occupant, or other person in control
of the building or premises on which the sign is located.
B.
If the enforcement official determines that any sign is unsafe, insecure
or dilapidated, thereby posing a threat to public health and safety,
he shall give written notice to the permit holder or the owner, tenant,
occupant or other person in control of the premises on which the sign
is located. The sign shall be removed, repaired or otherwise made
safe and/or secure within 10 days of receipt of the notice from the
enforcement official.
A.
The Director of Engineering and Development or his designee is hereby
designated the enforcement official for this article. The enforcement
official shall be responsible for review and issuance of permits,
conduct of inspections, issuance of notices of violation, removal
of signs as permitted by this article and maintenance of records.
B.
Any person aggrieved by any action, order, requirement, decision
or interpretation by the enforcement official may appeal to the Zoning
Board of Adjustment of the Borough of Lincoln Park.
A.
Any person, firm or corporation who or which erects, constructs, repairs, alters, replaces, relocates or maintains any sign without first obtaining a sign permit or fails to comply with any provision of this article shall be subject, for each and every violation, to a penalty as provided in § 28-26.6 of this chapter. Each day that a violation continues shall constitute a separate offense.[1]
