Borough of Palmyra, NJ Article X Signs

[Amended 8-10-2009 by Ord. No. 2009-12; 3-12-2012 by Ord. No. 2012-6[1]]

[1] Editor's Note: This ordinance also provided that it repealed the previous sign provisions of Art. X except for their application to signs that are located, or will be located, on lots that abut Rt. 73 within the Borough of Palmyra. See also § 158-75B.

§ 158-75 Purpose; applicability.

A. It is the purpose of the Borough of Palmyra to provide standards to safeguard life, public health, property and welfare by regulating the location, size, illumination, erection, maintenance and quality of materials of all signs. More specifically, signs have a powerful impact on the aesthetic environment of the community, and it is the purpose of this article to encourage an aesthetically attractive environment, allowing sufficient opportunities for communications to serve business, interest groups and the public, while complying with Federal and State Constitutions and laws.

B. This article shall not be applicable to signs located on or to be located on lots that abut Rt. 73 within the Borough of Palmyra. For any signs located on or to be located on lots that abut Rt. 73 within the Borough of Palmyra, Sections 1001 through 1013 shall apply.[1]

[1] Editor's Note: Said sections refer to the previous sign provisions which, except for their application to signs along Rt. 73, have been repealed by Ord. No. 2012-6.

§ 158-76 Permits required.

See § 158-78.

§ 158-77 Definitions.

A. All signs within the Borough of Palmyra shall be erected, constructed and maintained in accordance with the provisions of this article and the Building Code.[1]

[1] Editor's Note: See also Ch. 95, Uniform Construction Codes.

B. As used in this article, the following terms shall have the meanings indicated:

ANIMATED OR MOVING SIGN

Any sign or part of a sign that changes physical condition or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.

ATTACHED SIGN

Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building.

(1) Parallel signs attached to a wall project may extend up to six inches from the surface of the wall.

(2) A sign that is attached at an angle to the wall may extend outward no more than five feet and requires an administrative variance from the Zoning Administrator.

(3) No attached sign shall be located on a roof, dormer, or second story wall area or window.

AWNING SIGN

A sign that is mounted, painted or otherwise attached to an awning that has first received approval by Palmyra Council under the requirements of § 237-1 of the Code of the Borough of Palmyra ("Code").[2]

BANNER SIGN

A sign that may or may not contain a message constructed of cloth, canvas, plastic, or other flexible material typically suspended or hung by a cord, string or rope from a structure.

BILLBOARD

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes and that is located on a building or site other than the building or site to which the advertising relates.

CANOPY

Any rooflike cover, either freestanding or attached to a building wall that is supported totally or partially by the ground below.

CANOPY SIGN

A sign that is mounted, painted or otherwise attached to a canopy that is otherwise permitted by this chapter.

CHANGEABLE COPY SIGN

A sign that contains information that relates to changing events and/or messages relating to the structure and use to which the sign relates.

DIRECTORY SIGN

A ground-mounted sign placed at an interior intersection of a private commercial area, which sign contains only the names of businesses in the commercial area with no advertising or descriptive information about each business.

ERECT

To build, construct, attach, place, suspend or affix, and shall also include the painting of signs or displays on the exterior surface of the building, structure or material surface.

EVENT

For the purposes of this section as it relates to temporary commercial signs, any short-term, temporary happening or special occurrence that is not part of the ordinary, daily or usual operations of a business or use, including, but not limited to, a political campaign or election, a real estate transaction, a grand opening, a raffle or fund-raiser, a seasonal sale or harvest, or a special sales promotion or occupancy.

FACADE SIGN

(See "attached sign.")

FLASHING SIGN

Any illuminated sign emitting intermittent, noncontinuous light.

FREESTANDING SIGN

A sign supported by one or more upright pole(s) or brace(s) inserted in the ground and not attached to any building, where the sign is elevated above the ground by a firm supporting device such as footings or foundation.

FUNCTIONAL SIGN

Directional, informational or public service signs, such as signs advertising locations of restrooms, telephones or similar facilities of public convenience, including entry and exit signs from parking areas. Functional signs shall not include any name or business or message other than the direction or informational material as above.

GROUND SIGN or GROUND-MOUNTED SIGN

Any sign, not supported by upright pole(s) or brace(s), where the entire bottom is in contact with the ground and is independent of any other structure.

HEIGHT

See "sign height."

ILLUMINATED SIGN

Any sign lighted by or exposed to artificial lighting, either from within the sign or directed toward the sign.

INTERNALLY ILLUMINATED SIGN

Any sign which has its light source within the sign projecting outward.

MOBILE SIGN

A sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, on wheels, or other similar attachment such that the sign may be moved from place to place, either within a lot or to another location.

MURAL SIGN

A sign painted directly on a building wall, sidewalk or curb.

OFFICIAL SIGN

Any sign, symbol or device, erected, constructed or maintained by the federal, state or local government, or any agency thereof, for the purpose of informing or guiding the public or for the protection of the public health, safety and welfare.

PERMANENT SIGN

For the purposes of this chapter, awning signs, freestanding signs, and attached signs shall be considered permanent signs. The following are not considered permanent signs: animated or moving signs, banner signs, billboard signs, canopy signs, functional signs, flashing signs, mobile signs, changeable copy signs, directory signs, flashing signs, mural signs and/or temporary signs.

PORTABLE SIGN

(See "mobile sign.")

PROJECTING SIGN

An attached sign that extends from the attached surface, usually projecting perpendicular from the attached surface. A sign that is attached at an angle to the wall may extend outward no more than five feet and requires an administrative variance from the Zoning Officer. "See attached sign."

SIGHT TRIANGLE or SIGHT EASEMENT

A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SIGN

Any message written, printed, painted or otherwise, placed on a board, banner, or upon any material or object, and/or any device whatsoever, which, by reason of its form, color, wording, activity, technique or otherwise, attracts attention to itself, whether used as a means of identification, advertisement or announcement. In addition to the provisions of this article, all signs shall comply with the provisions of the Uniform Construction Code.

SIGN AREA

The entire face of a sign, including the advertising surface and any framing, trim, or molding, but not including the supporting structure.

SIGN HEIGHT

The vertical distance measured from ground level to the highest point on the sign and its supporting structure.

SUSPENDED SIGN

Signs hanging by chains, etc., are prohibited in all zoning districts.

TEMPORARY SIGN

Signs, including temporary banners, pennants, flags and similar devices to provide notice of sales events, promotions (such as sales of vehicles and vehicle inventory) which are not permanently attached to a building, structure or permanently attached to a freestanding structure, and which may be erected for a period not to exceed 90 days in compliance with the provisions of this chapter. The time limit set forth above shall apply, as applicable to all zoning districts.

[Amended 9-16-2019 by Ord. No. 2019-08]

WALL SIGN

(See "attached sign.")

WINDOW SIGN

Flat (attached) signs placed against the exterior wall of any structure with the face of the sign not more than 15 inches from the surface of the wall. Any representation painted, stenciled, or affixed to a window or the glass of a door that can be seen from the outside of the building.

[2] Editor's Note: Former § 237-1, Builder's street permit; awnings, was repealed 12-12-2011 by Ord. No. 2011-29.

§ 158-78 General regulations.

A. No sign shall be erected, enlarged, rebuilt, structurally altered or relocated until a permit has been issued by the Zoning Enforcement Officer and the Construction Code Official, except as hereinafter permitted. The issuance of a permit shall not relieve the owner or lessee of the premises from the duty of maintaining the sign in a safe manner.

B. No sign of any description shall be installed, erected, constructed or maintained in such a manner as to block the exit from any fire escape, window or door, nor shall any sign be attached in any manner to a fire escape, nor shall any sign block access to the roof.

C. Every sign constructed or maintained shall be plainly marked with the name of the person, firm or corporation erecting or maintaining such sign.

D. No sign shall be permitted in the sight triangle.

E. There shall be consistent sign design throughout a particular project or site. The design elements include style of lettering, font, color, construction material, size and illumination.

F. No sign shall be erected that would, by its location, color, shape, message or nature, confuse or obstruct the view of traffic signs or traffic signals by motorists or pedestrians.

G. No sign other than official traffic control devices or street signs shall be erected within or encroach upon the right-of-way lines of any street unless specifically authorized by other ordinances or regulations of local, county, state and federal agencies.

H. Temporary signs.

(1) All temporary signs shall be set back at least 15 feet from the edge of the street paving and 10 feet from all property lines.

(2) Construction signage (nonresidential):

(a) No more than one sign naming the nonresidential project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first.

(b) Such signs shall not exceed an area of 32 square feet for a nonresidential site development or for a multiunit residential site development.

(c) Such signs shall not exceed an area of 12 square feet for minor subdivisions.

(d) Larger construction signage may be permitted if documentation is provided to the Zoning Administrator that a funding source requires specific size signage documenting the funding source at the project site.

(3) Single residential construction. Construction site signs for single residential structures are expressly prohibited.

(4) Yard or garage sales. Such signs shall be erected in accordance with the provisions of Chapter 129, Garage Sales, of the Code of the Borough of Palmyra. No advertising of garage sales shall be permitted, except that a sign not greater in size than three feet by four feet may be placed on the property where the sale is to be conducted. Such sign shall be posted not earlier than seven days prior to the day the sale is to be conducted. No sign shall be placed on any public right-of-way, upon any tree, or upon any utility pole.

(5) Real estate signs. Any sign used for rent, lease or sale of real estate shall not exceed four square feet on each side and shall not be illuminated. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. They do not require a permit. No more than one sign shall be permitted. Real estate signs shall be permitted only on the lot which the sign is advertising.

(6) Mechanics, painters and other artisans. Temporary signs of mechanics, painters and other artisans are not permitted.

(7) Political signs. Political signs, temporarily giving notice of political campaigns, shall not exceed 20 square feet in area. Signs shall be permitted within 30 days prior to any municipal, county, state or national election and shall be removed within five days after the election. Political signs erected in conformance with this provision do not need a sign permit. No sign shall be placed in a manner which interferes with traffic or within sight triangles at an intersection.

I. Permit requirements.

(1) The Zoning Enforcement Officer shall only issue a zoning permit for the erection or construction of a sign which meets the requirements of this code.

(2) After a zoning permit has been granted, if applicable, the Construction Code Official shall only issue a building permit for the erection or construction of a sign which meets the requirements of the Uniform Construction Code. Application for permits to erect, hang or place a sign shall be submitted on forms obtained from the Construction Code Official. Each application shall be accompanied by plans showing the area of the sign; the size and character; the 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 right-of-way line and such other information as may be requested.

§ 158-79 Signs not requiring permits.

Signs not requiring permits:

A. Temporary signage erected in conformance with this article for:

(1) Real estate signs for residential properties.

(2) Political signs.

B. Signs incident to the legal process of law, such as building permits, quarantines, condemnations, legal notices and the like.

C. Home office/home occupations. One nameplate displaying the name of the occupant and/or the name of the home occupation is allowed consistent with the following:

(1) The sign is no larger than one square foot in area;

(2) The sign is not illuminated;

(3) The sign is attached flat to the residence or is visible through a window;

(4) Either attached or freestanding and set back at least 15 feet from any street right-of-way.

D. Customary warning and/or trespassing signs and signs indicating the private nature of a driveway or property; provided that the size and the sign does not exceed three square feet and provided that the sign is not illuminated and is maintained in a proper condition.

E. Signs of public or semipublic nature shall not exceed 20 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:

(1) The name or location of a town, village, hospital, community center, public or private school, church, synagogue or other place of worship.

(2) The name and place of meeting of an official, civic body, such as a Chamber of Commerce, Board of Trade, or service club.

(3) An event of public interest, such as public or general election, church or public meeting local, county or state fair, Volunteer Fire Department fair and other similar community activities and campaigns. Such signs have to be taken down within one week following the occurrence of the event related to the sign.

§ 158-80 Sign area measurements.

A. The area of a permitted sign shall be determined by multiplying the greatest horizontal dimensions by the greatest vertical dimensions, including spaces between open type letters and figures and the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign unless they contribute directly to either the overall height or width of the sign.

B. Two-sided signs carrying exactly the same message on each side shall be measured by using the surface area of one side in the case of two-sided signs. When there is a different message on each side of the sign, each side will be considered a separate sign.

C. The area of a prohibited sign shall be computed the same as a permitted sign and, if a variance is required for permitting such a sign, it shall be subject to the same sign fees as hereinafter provided.

D. Functional signs in any zone shall not exceed two square feet in area. Functional signs include parking lot markers, directional entrance and exit signs erected on a site.

E. Awning signs and canopy signs. No more than 33% of an awning or canopy may be utilized as a sign. The signage on the awning or canopy shall be considered as building facade signage. See § 237-1 of the Code for awning requirements.[1]

[1] Editor's Note: Former § 237-1, Builder's street permit; awnings, was repealed 12-12-2011 by Ord. No. 2011-29.

§ 158-81 Nonconforming signs.

A. Any sign other than a banner sign, changeable copy sign, flashing sign, ground sign, ground-mounted sign, mobile sign, mural sign or temporary sign existing at the time of the passage of this code that does not conform in use, location, height or size with the regulations of the zone in which such sign is located shall be considered a nonconforming use and may be continued and maintained 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 code.

B. An attached nonconforming sign may be temporarily removed from the exterior face of a building wall to allow for the maintenance, cleaning, painting or repair of the exterior building wall, provided that the sign is reattached in the same location within 60 days of its removal. If the sign is not reattached in the same location or within the sixty-day time period, the sign shall be required to conform to the provisions of this article.

§ 158-82 Prohibited signs.

A. Signs located on roofs are prohibited.

B. No sign shall contain flashers, animated or moving parts or light intensity, reflectors, mechanical movements or contrivances of any kind. No intermittent, flashing signs or animated, moving signs shall be permitted.

C. No statues, sculpted or molded figures used for promotional or advertising purposes are permitted.

D. Billboards, outdoor portable or mobile advertising signs and off-premises advertising signs are not permitted.

E. Sign(s) that advertise a product that is not the principal use of the subject property.

F. Mobile signs.

G. Banner signs except for official Borough banner signs.

H. Sign(s) on an accessory building.

I. Sign(s) attached or suspended on any street furniture, including courtesy benches, trash cans, trees, fences, utility poles, railway or road bridges, bridge supports or abutments, retaining walls, or water towers unless approved by Borough Council.

J. Televised advertising in a window.

K. Signs that obstruct a window or door opening used as a means of egress, interfere with an opening required for legal ventilation, or are attached to or obstruct any standpipe, fire escape or fire hydrant.

L. Signs that obstruct the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.

M. Inflatable signs.

N. Mural signs: signs painted on a building wall, sidewalk or curb.

O. Pennants, streamers or balloons.

P. Signs on regularly parked or located vehicles in such a way as to be used or considered as a sign.

Q. Temporary signs of artisans, painters, mechanics.

R. Single-family residential construction signs.

§ 158-83 Construction and maintenance; removal and abandonment.

A. Maintenance of signs.

(1) All signs, together with all their supports, braces, hooks, anchors, and other fastening devices, shall be of substantial and sturdy construction with durable materials, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. Additionally, the area surrounding the sign and the mounting area on the ground level beneath permitted freestanding signs shall be maintained in a clear, neat, safe, and orderly condition and shall not be allowed to become dilapidated or unsightly.

(a) Any sign that is or is becoming dangerous or unsafe in any manner whatsoever shall be repaired and made safe in conformity within this section, or such sign shall be removed by the owner, lesser, agent or occupant of the building, property, or land upon which such dangerous or unsafe sign is located.

(b) Should written notice be given by the Borough Zoning Official or Construction Official if the sign is under his/her jurisdiction, to an owner, lesser, agent or occupant of a building that a sign is or is becoming dangerous or unsafe, said notice shall require appropriate remedial action to be taken within 10 days from the date of service of the notice, or within a lesser time as shall be specified in the notice in cases where the danger to the public health, safety and general welfare is more imminent.

(2) For the purpose of this section, the word "remove" shall mean:

(a) The sign face, along with posts, columns or supports of freestanding signs, shall be taken down and removed from the property.

(b) The sign and supporting structures "projecting," "roof" or "wall" signs shall be taken down and removed from the property.

B. Abandonment.

(1) Failure to keep a conforming sign in good repair for a period of 30 consecutive calendar days shall constitute abandonment, and such sign may not then be replaced, or reused, but must be removed or made to be conforming.

(2) A nonconforming sign shall be presumed to be abandoned when there occurs a cessation of any use on activity to which the sign is accessory.

§ 158-84 Sign illumination.

A. No sign shall create any sky glow.

B. If illuminated, all signs over 10 feet in height shall be internally illuminated or illuminated by external lighting fixtures located above the sign area, firing downward.

C. Internally illuminated signs shall have characters, letters, figures and designs which are illuminated by electric lights as part of the sign proper with dark or translucent background.

D. All internally illuminated signs shall utilize low wattage luminaries designed to reduce light glow.

E. If a sign is to be internally illuminated, at least 75% of the background area of the letters and any logo on the sign shall be opaque and shall not be illuminated. Dark, opaque backgrounds with light-colored lettering or symbols that are backlit are preferred to minimize detrimental effects.

F. If the sign is to be externally illuminated, then the lighting shall be provided either from below the sign by ground-mounted lights or from above the sign by lights attached to the top of the sign. The lights shall be focused directly and completely onto the sign face, with appropriate and necessary shielding on the top, sides, and, if necessary, bottom of the fixture to prevent any sight of the light source from any street, sidewalk or neighboring property.

(1) Exterior lights to be provided by ground mounted shall be permitted by spotlights only where the sign has no visible clearance under the sign or where there is sufficient landscaping planted under the sign to block light under the sign.

(2) Sources of sign illumination shall be completely shielded from the view of vehicular traffic using the road or roads abutting the lot on which the sign is located. Lights shall be mounted in or on the ground so that they are securely fixed, both in their location and their angle of illumination, in order to focus the light on to the face of the sign and away from the street.

(3) No exterior light shall exceed 100 watts. The use of mercury vapor is prohibited.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection F(4), which limited light emission from sign lighting, was repealed 9-16-2019 by Ord. No. 2019-08.

(5) External lights used for illumination of any sign on a building whether or not such fixtures are attached to or separate from the building shall not exceed above the highest elevation of the front wall of the building or more than 18 feet above the street level of the premises, whichever is less.

§ 158-85 Signs permitted in R-1 and R-2 Residential Districts.

The following types of signs are permitted in residence districts:

A. Temporary signs; see § 158-78.

B. Signs not requiring permits; see § 158-79.

C. Signs of alarm and security companies with a maximum of one square foot.

D. Professional signs are permitted that identify the name of the person and his or her profession and specialty, as defined in this code, provided that:

(1) The professional use is an approved use in the zone or has been granted a use variance by the Land Use Board.

(2) The size of such sign is not in excess of 1.5 square feet for a single-faced sign and three square feet for a double-faced sign.

(3) Not more than one such sign shall be placed on any property and may be freestanding or attached.

(4) The sign shall be at least five feet from the property lines.

§ 158-86 Signs permitted in TC Town Center Commercial, NC Neighborhood Commercial and HC Highway Commercial, OC Office Commercial, I Industrial and P Public and Institutional Districts.

The following signs shall be permitted in the commercial and industrial districts.

A. Temporary signs; see § 158-78.

B. Signs not requiring permits; see § 158-79.

C. Permanent freestanding signs, which shall be subject to the following regulations:

(1) Site plan review is required for all new or altered freestanding signs. The Planning Board shall evaluate the sign for appearances, aesthetics, orientation, area impact, and obstruction of vision affecting safety.

(2) Supporting frames for all such signs shall be of permanent materials, such as steel, concrete or masonry.

(3) Unless otherwise specified herein, the maximum area of any freestanding sign shall not exceed the following for lots with lineal front footage on one street frontage as listed:

	Lineal Front Frontage	Maximum Sign Area (square feet)
	50 to 150	40
	151 to 200	50
	201 to 300	80
	301 to 400	100
	401 to 500	120
	501 and over	120

(4) Freestanding signs for all uses except gasoline stations shall have a maximum height above grade of 20 feet. The maximum height for freestanding signs at gasoline stations shall be 25 feet.

(5) Not more than one freestanding sign per business premises shall be permitted on any one street frontage.

(6) Such sign may be interior lighted with nonglaring lights or may be illumined by shielded floodlights.

(7) The closest portion of any part of a freestanding sign shall be at least 15 feet from the property line.

(8) Freestanding signs shall not be located in the line of sight of any motorist.

(a) In order to provide safety and visibility, freestanding signs shall:

[1] Be designed with the bottom of the sign at least eight feet above the level of the grade where the driveway intersects the street; or

[2] Be at least 50 feet from the side street or driveway intersection.

(b) Property with less than 50 feet of frontage shall not be permitted a freestanding sign. There shall be a minimum distance of 50 feet between the nearest freestanding sign and another freestanding sign.

(9) Automobile and gasoline service stations may display the following signs, which are deemed customary and necessary to their respective businesses:

(a) One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 40 square feet in area on a side and shall be no closer than 15 feet to the property line. The bottom of the sign shall not be less than 10 feet above the ground, and the top shall not exceed 25 feet.

(b) One temporary sign for special advertising located inside the property line along each street frontage, provided that said sign does not exceed 20 square feet in area on one side and shall be placed no closer than 10 feet to the property line.

D. Each permitted use may have a sign located on or attached to the principal facade of said use.

(1) Said signs shall not exceed two square feet in area for each one foot of width of the principal building facade to which the sign must be attached, and in no case shall such sign exceed 120 square feet in area on one side.

(2) Such sign shall not project more than six inches from the building facade to which it is attached; provided, however, that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet to the ground level.

(3) Such sign shall not have a vertical dimension in excess of five feet and shall project neither above the roof, cornice, parapet wall, or roofline when there is no cornice or parapet wall, nor beyond the ends of the building.

E. Window signs shall meet the following standards:

(1) Window signs are permitted on the first floor of the building only.

(2) All window signs shall be attached to the inside of the store window.

(3) Window signs shall not have a total gross advertising area greater than 10% of the window facade of the ground floor or 100 square feet, whichever is less.

(4) There shall be no more than three window signs per business premises.

F. Drive-through restaurants are permitted one menu sign, which may include the name and logo of the restaurant with which the drive-through is associated, which shall conform to the following:

(1) The menu sign shall not be visible from any roadway; and

(2) The menu sign shall be a maximum size of five feet by seven feet in area; and

(3) The menu sign shall not exceed eight feet in height; and

(4) The noise level at the property line shall not exceed state or municipal standards.

§ 158-87 Fees.

The fee for any sign shall be $46, payable to the Borough of Palmyra.