[Amended 4-25-2000 by Ord. No. 1134; 8-15-2000 by Ord. No. 1145; 12-2-2008 by Ord. No. 1360; 12-18-2018 by Ord. No. 1574-18]
A. Application. No sign shall be erected, altered, located or relocated
within the municipality except upon application and the issuance of
a permit as hereinafter provided.
(1) Residential signs. Permits shall not be required for a permitted
conforming sign for premises used for single-family residential purposes.
Applications for a permit for a sign for multifamily residential/attached
residential use shall be made in writing to the approving authority
and presented with the appropriate filing fee.
(2) Nonresidential signs. Any sign associated with a change in occupancy
or ownership requires an application for a sign permit. All applications
for a permit for a nonresidential sign shall be made in writing to
the approving authority.
(3) Sign variance application. Application for a permit for a sign which
does not comply with the provisions of this article, or which is part
of a site plan, including any nonconforming signs associated with
a change in occupancy or ownership, shall be submitted to the appropriate
approving authority. Such application shall be in writing and, upon
notice and a public hearing where the same is required by law, submitted
at least 21 days before the next meeting preceding the succeeding
public meeting date of the appropriate authority, together with a
filing fee as hereinafter set forth. Such application shall be in
triplicate and accompanied by no less than 15 sketch plats, in the
case of an application for a freestanding sign, and 15 building elevations
where the application is for other than a freestanding sign, each
of which shall be drawn to scale and reflect the sign location and
designation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4) Applications for all sign permits shall include the following information:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the premises.
(c)
A statement indicating the owner's consent to the application
if the applicant is other than the owner.
(d)
A rendering to scale of the sign, reflecting its composition,
colors, dimensions, elevation from grade level and lighting; the address
of the premises; specification and location of all existing signs;
the sight distances, in the case of freestanding signs, with relation
to accessways to the premises on which such sign is to be located
and adjacent premises; the information to be stated on the sign; the
method by which said sign shall be secured; and any landscaping which
exists or is proposed in the proximity of the sign.
B. Exceptions.
(1) The provisions and regulations of this section shall not apply to
the following signs, as regulated herein:
(a)
A sign for public, charitable or religious institutions when
they are located on the premises of said institutions and is not over
16 square feet in area. In the case where an applicant would like
to display different messages over time, if the proposed sign is the
same dimensions and same location as the original application there
is no need for an multiple applications.
(b)
A sign identifying the architect, engineer or contractor, when
placed upon a work site under construction, only after a building
permit for the construction has been issued. Said sign shall not exceed
16 square feet in area, provided that the sign is set back at least
15 feet from any property line, and further provided that same are
removed within 24 hours after the final certificate of occupancy is
issued.
(c)
Memorial signs or tablets and date of building construction
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
(d)
Flags of the United States, State of New Jersey or other governmental
or quasi-public agencies, provided that the following requirements
are met:
[1]
The maximum height of a freestanding flagpole shall be 40 feet,
provided that flagpoles on roofs shall be no more than 15 feet above
the rooftop on which it is situated.
[2]
One freestanding flagpole shall be permitted per lot.
[3]
All freestanding flagpoles shall be located no closer to the
property line than a distance equal to the height of the flagpole.
In addition, flagpoles located in the front yard shall not be closer
to the street than the rear half of the required front yard setback.
(e)
Election or political signs, provided that said signs are placed
entirely on private property and do not exceed 16 square feet in area.
(f)
Signs on public athletic fields.
(g)
Real estate signs such as for sale, rental or leasing signs
shall be limited to one per residential site. Signs advertising commercial
properties shall not exceed four feet by four feet or a total of 16
square feet. There shall be a maximum of two signs permitted on commercial
properties.
(2) A sign permit application is required for the above exempt signs, which will not be subject to the fees detailed in §
290-24C.
C. Fees. Every applicant, before being granted a permit hereunder, shall
pay to the Borough of Emerson the permit fee for each such sign or
other advertising structure regulated by this chapter as established
in the current schedule of fees for the Borough of Emerson.
The following regulations apply to signs in all zoning districts
in the municipality:
A. Any sign not specifically permitted is hereby prohibited. In addition,
the following signs are specifically prohibited: signs attached to
a tree, utility pole or fence and off-premises signs.
B. No roof signs shall be permitted, nor shall any portion of a sign
extend or project above the highest elevation of the wall to which
it is attached.
C. No sign shall be, in whole or part, moving, mobile or revolving.
D. No sign shall be erected so as to interfere with the movement of
vehicular or pedestrian traffic. This includes the prohibition of
signs located in ADA-required pathways and vehicular sight triangles.
E. No sign shall consist of more than four colors inclusive of black
and white.
F. Paper or banner window signs are not permitted, except if temporary.
G. All animated signs which are environmentally or mechanically activated
are prohibited.
H. No scrolling or animated signs. Messages/images on digital signs
can only be changed once a day.
I. Signs over the public right of way shall be at least 300 feet from
traffic control devices.
J. No A-frame or sidewalk signs.
K. Signs that are meant to regulate or control traffic must conform
to the Manual on Uniform Traffic Control Devices.
All signs shall comply with the regulations set forth in Schedule
290c annexed hereto and made part hereof. Additionally, signs for the following uses must also comply
with the regulations below:
A. Upper-level commercial uses. In zones where commercial uses are permitted
and located above the first floor of a building, said uses are permitted
to have window signs. The subject sign must comply with the window
sign regulations set forth for that district.
B. Awnings and canopies.
(1)
Buildings with multiple storefronts: All awnings or canopies
shall be designed of compatible material and shall be uniform in color,
shape and design.
(2)
Awnings and canopies shall be designed with a minimum vertical
clearance of seven feet six inches and shall not extend more than
six feet from the face of the building; provided, however, that a
sign hanging from an awning or canopy shall have a minimum vertical
clearance of seven feet.
(3)
A maximum number of four colors, inclusive of black and white,
are permitted.
(4)
No awning shall be erected or maintained so as to obstruct access
to any fire escape, window or door.
(5)
Awnings and canopies are permitted to encroach within the front
yard setback, but shall project no closer than three feet from the
curbline.
(6)
No awning or canopy shall be placed over columns of a building
facade.
C. Commercial vehicle signage. Vehicles that are wrapped or painted
75% or greater with a commercial message may only be parked on the
site of the business it is advertising or a work site but must be
relocated so not be visible to the public after business hours.
Temporary signs for such events as grand openings, sales, fairs,
bazaars, auctions and similar special activities shall comply with
the following:
A. All temporary signage, except as specifically exempted under this
article, shall require a permit. Said permit shall be issued by the
zoning officer and shall be valid for a period not to exceed 60 days
from the issuance thereof and may be renewed for a period of 30 days
not to exceed 90 days in total.
B. Signs associated with a one-day event and holiday lighting shall
not be permitted to be posted more than 31 days prior to the date
of the event and shall be removed not more than 10 days after the
date of such activity. Each business is only permitted a maximum of
four times a calendar year. No such lighting shall be strung from
a storefront to a remote pole/tree etc.
C. Streamers or flags, pennants and banners shall be permitted as temporary
signs for commercial uses, but limited to 100 square feet in area
for every 100 feet of street frontage of the subject lot.
No sign shall be an illuminated sign except as provided herein.
A. Illuminated signs may use internal light sources, LED (light emitting
diode) and neon technology, and external light fixtures. All light
sources shall be designed to minimize glare.
B. No sign shall be illuminated externally by more than one floodlight
per surface of said sign. Such lighting shall be at grade and properly
directed and shielded so as not to produce glare or offensive light
off the property.
C. Illuminated tubing outlining roofs, doors, windows or wall edges
of a building are prohibited.
D. No sign shall be artificially illuminated after 11:00 p.m. or before
7:00 a.m. unless said premises are occupied and attended.
E. Light sources shall not be visible from outside the sign, and the
light from the light source shall be diffused to eliminate hot spots.
F. Exterior lighting must be placed or designed to focus all illumination
on a building or sign. Gooseneck lighting as a device to focus illumination
is specifically permitted.
G. LED-illuminated wall and freestanding signs that comply with the regulations set forth in this chapter are permitted; provided, however, that they are not permitted to be animated as defined in §
290-6 of this chapter.
H. LED-illuminated window signs are permitted and are permitted to be
electronically animated as long as they are not flashing, as defined
in animated signs definition.
I. LED changeable signs for pricing is permitted as long as they comply
with all applicable regulations for signs as set forth in the Borough
of Emerson Code.
J. Internally illuminated monuments are prohibited in all residential
districts.
[Amended 4-15-1997 by Ord. No. 1080]
Businesses or occupations may be conducted in
residences in residential or other zones where said business or occupation
meets all of the following requirements:
A. Such use is clearly accessory to the principal use
of the structure, and only one such use shall be conducted on the
premises.
B. Such home occupation shall be conducted solely by
the owner or tenant residing on the premises or members of his immediate
family residing on the premises.
C. Not more than 25% of the total living area of the
dwelling unit shall be used for the home occupation.
D. Not more than one nonresident of the dwelling shall
be engaged in the home occupation on the premises at any time.
E. Such use shall be conducted solely within the principal
structure.
F. One sign, not exceeding 10 inches by 18 inches, shall
be permitted indicating the name and home occupation of the occupant.
G. There shall be no display of goods or advertising on the premises, except for the ten-by-eighteen-inch sign permitted in the above Subsection
F.
H. No equipment or process shall be used in a home occupation
which creates noise, vibration, glare, fumes or odor detectable to
the normal senses off the property. No equipment or process shall
be used which creates a visual or audible electrical interference
in any radio or telephone receiver off the premises or causes fluctuations
in the voltage off the premises. No hazardous or toxic materials as
defined by state or local codes shall be stored on the premises except
in quantities permitted to be stored for residential use.
I. The use does not involve any mechanical equipment
which would not customarily be present and utilized in a home.
J. Retail uses shall not be permitted. There shall be
no stock in trade, production materials or goods stored or sold on
the premises. There shall be no outdoor storage of materials or equipment.
K. All parking of motor vehicles for the persons engaged
in the home occupation other than residents of the home and for business
visitors shall be provided on the premises except on street parking
for business visitors and an employee is limited to a total of one
vehicle.
L. The occupant who conducts the home occupation must
apply for and obtain a zoning permit prior to commencement of the
home occupation. The occupant must complete an application provided
by the Building Department and must pay a one-time application fee
of $50. The Building Department shall conduct an inspection prior
to issuance of a permit to ensure that the proposed business complies
with this chapter.
M. There shall be no loading or unloading of equipment
or materials upon the public street.
N. Other than those individuals who may work on the premises,
employees or contractors who work for or provide services to the business
shall not meet at the premises for any purpose, however brief.
[Added 4-15-1997 by Ord. No. 1080]
A. "Home office" is defined as the use of a portion of
a home as an office area for use only by members of the household
residing on the premises. The following standards would apply to the
use of home offices:
B. Home offices are permitted as accessory uses in all
residential zones subject to the following standards:
(1)
The office area shall not occupy more than 500
square feet nor more than 12.5% of the gross floor area (GFA) of the
dwelling unit, whichever is less, excluding the area of garages, basements
and attics in the calculation of gross floor area.
(2)
The office area shall not have direct access
to the outside via a door, but shall be an existing room or area within
the detached dwelling unit which is integrated within the overall
floor plan of the dwelling.
(3)
The office area shall not contain any kitchen
or bedroom facilities which are separate from the remainder of the
detached dwelling unit.
(4)
The office area shall have only typical office
equipment limited to computers, telefax machines, telephones, copy
machines and similar office equipment.
(5)
No supplies or furnishings shall be permitted
other than typical office supplies and furnishings.
(6)
No signs or other evidence of the office area
shall be shown to the outside of the dwelling unit.
(7)
No persons shall be permitted on the property
regarding the office area other than people making deliveries or service
calls as otherwise might occur on the property regarding the dwelling
unit.
(8)
A zoning permit is not required for a home office.
[Added 11-20-1984 by Ord. No. 860]
A. A satellite earth station commonly referred to as
a "dish antenna," including any structural supports, is permitted
in all zones as a conditional use after the following requirements
are met:
(1) A dish antenna is only permitted as an accessory use
on a lot that contains a principal structure.
(2) A dish antenna is only permitted in a rear yard.
(3) A dish antenna is only permitted as a freestanding
structure.
(4) Every dish antenna shall be effectively screened by
a special planting screen or fence as approved by the Land Use Board
which shall be maintained in good condition, so that said antenna
shall not be visible from any adjacent property or public street.
(5) A dish antenna shall not be closer to the rear property
line than the height of said antenna nor closer to any side property
line than the height of said antenna or the side yard setback requirement
for the principal structure on the lot, whichever results in the greatest
setback.
(6) Any permitted dish antenna shall not have a surface
receiving area greater than 25 square feet.
(7) No lot may contain more than one dish antenna as heretofore
regulated.
(8) No dish antenna shall exceed a height of 10 feet.
B. Prior to the issuance of a building permit under this
section, site plan review and approval by the Land Use Board is required.
Buildings shall not be constructed within 150
feet of the floodplain of the Pascack Brook, and no cellar floor shall
lie below its floodwater level.
Accessory buildings in residential and nonresidential
zones shall conform to the following regulations as to their location
upon the lot:
A. In the case of an interior lot fronting upon any one
street, no accessory building shall be erected or altered so as to
encroach upon that half of the zoning lot depth nearest the street.
B. In the case of an interior lot fronting upon two or
more streets, no accessory building shall be erected or altered so
as to encroach upon that fourth of the lot depth nearest each and
every street.
C. In the case of a corner lot fronting upon two streets,
no accessory building shall be erected or altered so as to encroach
upon the area between each respective street and the line drawn parallel
to each such street in a manner to divide the lot into two equal parts.
D. In the case of a corner lot fronting upon three or
more streets, no accessory building shall be erected or altered so
as to encroach upon that fourth of the lot depth nearest each and
every street.
E. No accessory building on an interior lot shall be
located within 10 feet of its rear or side lot lines when such line
forms part of the front half of the side line of an adjacent lot or
the front quarter of the side line of an adjacent through lot.
F. No accessory building on a corner lot shall be located
within 10 feet of its rear or side lot line when such line forms part
of the front half of the side line of an adjacent lot or the front
quarter of the side line of an adjacent through lot, whether the latter
is an interior or corner lot.
G. In no case shall an accessory building project beyond
the setback line controlling the adjoining buildings on the same side
of the street within the block.
H. Any accessory building in a residential or nonresidential
zone shall be distant at least three feet from any parcel line and,
if within 72 feet from the street line, shall be distant at least
seven feet from any parcel side line.
I. Where the height of the ground of any parcel in a
residence zone is five feet or more above the curb level at a point
15 feet from the street line and continues at such or greater height
to the rear of the lot, a masonry garage may be constructed within
not less than 20 feet from the street line and not less than seven
feet from the side line of the parcel, provided that such garage shall
not extend more than five feet above the general level of the ground
adjacent to the garage, such height to include check walls, roof or
ornamental parapet.
J. The limitations imposed by this section upon the location of any accessory building shall be waived when the accessory building is incorporated as an integral part of or is enclosed by the same enclosing walls as the building to which it is accessory, except that such accessory building shall meet the front yard and side yard requirements of Schedule I in Article
IV.
[Added 2-4-1997 by Ord. No. 1078; amended 12-29-1997 by Ord. No. 1089]
A. Definition. "Communication towers," as defined herein,
shall include all antennas and towers which are used for commercial
purposes to receive and transmit radio signals along with all other
associated structures.
B. Area, bulk and yard requirements are as follows:
(1)
Minimum front yard setback: 50 feet or the height
of the structure, whichever is greater.
(2)
Minimum rear yard setback: 50 feet or the height
of the structure, whichever is greater.
(3)
Minimum side yard setback: 50 feet or the height
of the structure, whichever is greater.
(4)
Maximum height of structure: 90 feet, except
where more than one set of commercial transmitting/receiving antennas
are co-located on a tower, the total height of the tower shall be
not greater than 150 feet. This shall be measured as the overall height,
including antennas.
C. Locations permitted.
(1)
Communication towers are permitted only on property
owned or leased by the Borough of Emerson.
(2)
The Borough of Emerson must consent to property
being used for communication facilities.
(3)
No such facility shall be located within 100
feet of a residential zone or within 500 feet of a hospital, school
or public recreation facility.
D. Additional requirements.
(1)
All facilities shall be suitably secured. Chain
link security fencing shall be required.
(2)
Site plan approval by the Emerson Land Use Board
shall be required. An application for development to co-locate wireless
communications equipment on a wireless communications support structure
or in an existing equipment compound shall not be subject to site
plan review provided the application meets the requirements of N.J.S.A.
40:55D-46.2.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
In the event that such communication towers
are abandoned or not operated for a period of one year, the same shall
be removed, at the option of the Borough, at the sole expense of the
operator.
(4)
Noise levels at any property line shall be not
more than 50 decibels.
(5)
Site lighting shall be oriented inward to ward
off side impact.
(6)
Any access to a communications facility shall
conform to the driveway provisions of the Borough of Emerson Code.
(7)
Any generator located on the site shall be within
a completely enclosed soundproof equipment structure. All fuel shall
be contained in accordance with New Jersey Department of Environmental
Protection (NJDEP) requirements.
(8)
Site clearing shall be minimized to preclude
the removal of vegetation beyond that necessary to install and maintain
the facility.
(9)
All towers should be camouflaged to look like
a tree.
(10)
Towers should be freestanding structures without
cross braces or other visible supporting devices.
E. Waiver or modification of requirements. In the event
that the restrictions contained herein prevent reasonable communications
and in the event that said restrictions prevent the construction of
a tower in accordance with state or federal statutes and regulations,
then, in such event, the Land Use Board may modify or waive the restrictions
contained herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]