[1]
Editor's Note: Original §§ 128-9.7.1 through
128-9.7.18 of the 1966 Code, regarding signs, added 9-14-1982 by Ord.
No. 82-757, as amended, were repealed 5-27-1997 by Ord. No. 97-1061.
[Added 5-27-1997 by Ord. No. 97-1061]
The purpose of the succeeding sections shall
be to regulate the construction, location, designation, alteration
and reconstruction of signs within the territorial limits of the Borough
of Montvale.
[Added 5-27-1997 by Ord. No. 97-1061]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes giving or attempting to give or intending to give
any notice or information or any activity which gives or attempts
to give or intends to give any notice, information or warning.
The Planning Board of the Borough of Montvale.
The area of a sign shall be computed and determined as specified in § 400-64 of this chapter.
Any attachment to a building which projects away from the
building when in use and is so erected so as to permit its being raised
to a position flat against the building when not in use.
Any temporary sign applied to paper, plastic or fabric of
any kind, as may be permitted by the Mayor and Council by permit,
above a public right-of-way.
Any sign erected or maintained for the purpose of displaying
outdoor advertising for products or services provided off premises.
Any attachment to a building, other than an awning, which
is carried by a frame supported by the ground or sidewalk.
The person or persons from time to time appointed pursuant to § 400-10 of this chapter.
To build, construct, attach, hang, place, suspend or affix,
and also including the painting of wall signs.
The surface of the sign upon, against or through which a
message is displayed or illuminated on the sign.
Any sign supported by structures or supports that are placed
on or anchored in the ground that are independent from any building
or other structure.
The height of a sign shall be computed and determined as specified in § 400-64 of this chapter.
Any sign which has characters, letters, figures, a design
or an outline illuminated by electric lights or luminous tubes as
a part of the sign proper.
Includes replacement, without substantial change, of any
parts or support of any sign, and the painting, without change of
text, design or size of any sign, without removal of the sign from
the wall of the structure supporting it. Any work and materials performed
and provided with respect to a sign, the cost of which work and materials
constitutes 50% or more of the then-current value of the sign, shall
not be deemed maintenance or a repair but shall constitute an erection,
reerection or relocation of a sign.
Any hood or awning of permanent construction projecting from
the wall of a building above an entrance and extending over a thoroughfare,
including signs attached thereto, the supports of which are an integral
part of the original structure and which is not retractable.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Includes any person, individual, business entity, partnership,
association, corporation, company or organization of any kind.
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menus and sandwich-board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
Includes a building or structure or a place or tract of land,
lot or real estate, vacant or otherwise.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than 10 inches beyond the surface of
such building or wall.
Any sign erected, constructed and maintained wholly upon
or over the roof of any building, with the principal support on the
roof structure.
Includes any device, either freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon or in (to the extent provided herein) any building or structure, including telephone poles, which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure except as specifically set forth in § 400-70 of this chapter. Only those vending machines which are illuminated shall be subject to the requirements of this chapter.
[Amended 12-9-1997 by Ord. No. 97-1077]
Includes any building, edifice, construction or piece of
work or any part thereof or any combination of related parts.
Any sign that is not permanently erected.
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or side wall of any building or other structure so that
the display surface is parallel with the plane of the wall.
Includes any opening in the exterior wall or roof of any
structure for the purpose of admitting air or light, whether or not
covered with glass, plastic or other covering, and whether or not
part of a door.
Includes the aggregate square footage of all windows on any
given side and any given story of any structure, regardless of the
angle or angles at which they are set.
The Zoning Ordinance of the Borough of Montvale, entitled "Zoning," Chapter 400 of the Municipal Code of the Borough of Montvale, as amended and supplemented.
[Added 5-27-1997 by Ord. No. 97-1061]
The following principles shall control the computation
of sign area and height:
A.
Computation of
area of individual signs. The area of a sign face shall be computed
by drawing a square or rectangle that encompasses the extreme limits
of the writing, representation, emblem or other display, together
with the sign frame and any material or color forming an integral
part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed; or
by delineating the area established by reason of distinctive variation
in background color or by borders, whichever is greater.
B.
Computation of
area of multifaced signs. The sign area for a sign with more than
one face shall be computed by adding together the area of all sign
faces visible from any one point. When two identical sign faces are
placed back to back so that both faces cannot be viewed from any point
at the same time and when such sign faces are part of the same sign
structure and are not more than 36 inches apart at any point, the
sign area shall be computed by the measurement of one of the faces.
C.
Computation of
height. The height of a sign shall be computed as the vertical change
in elevation from the lowest grade below the sign to the top of the
highest attached component of the sign.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
Application.
(1)
No sign shall
be erected, altered, located or relocated within the municipality
except upon application and the issuance of a permit as hereinafter
provided.
(a)
Application
for a permit for a sign conforming to the regulations set forth herein
shall be made in writing to the enforcing official and presented with
the appropriate filing fee. Such application shall describe the premises
and location at which the sign is to be affixed and shall include,
at minimum, the following items:
[1]
The
name and address of the applicant.
[2]
The
name and address of the owner of the premises.
[3]
A statement
as to whether the owner has consented to the application, if the applicant
is other than the owner.
[4]
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; and the method by which
the sign shall be secured.
(b)
Application for a permit for a sign which does not comply with the provisions set forth herein shall be submitted to an 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 next preceding the succeeding public meeting date of the approving authority, together with a filing fee as hereinafter set forth. Such application shall be in triplicate and accompanied by no fewer 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 design. In addition, on such drawing or separate sheet, the information required by § 400-65A(1)(a) of this chapter shall be provided.
B.
Issuance of permit.
(1)
A permit shall be issued by the enforcing official upon the official's favorable action in the case of an application pursuant to § 400-65A(1)(a) of this chapter or the favorable action of an approving authority in the case of an application pursuant to § 400-65A(1)(b) of this chapter, subject to any other applicable governmental regulations, or as otherwise provided herein.
(2)
A permit
for the replacement of an existing sign may be issued by the enforcing
official without the necessity of approval by an approving authority
only upon satisfaction of all of the following conditions:
(a)
A permit
had previously been issued for the existing sign;
(b)
There
is no physical alteration or expansion to the existing sign beyond
the limits permitted herein;
(c)
The sign
conforms in all respects to the ordinance provisions specified herein;
and
(d)
No other
signage is proposed to be added to the premises beyond that which
is permitted herein.
C.
Exemptions. The provisions and regulations of this chapter concerning permits and fees shall not apply to the following signs; provided, however, that said signs shall remain subject to the provisions of § 400-70 of this chapter:
(1)
On premises
used for single-family residential purposes, whether comprised of
attached or detached units, a sign or signs identifying the resident
and/or street address may be located on the premises, provided that
no such sign shall have an area of more than two square feet nor be
more than two linear feet in any direction. If there be more than
one sign, the aggregate square footage of all such signs shall not
exceed three square feet in area.
(2)
On premises
used for other than single-family residence purposes, a sign comprised
entirely of no more than three digits and one letter, with no single
digit or letter having a width in excess of 10 inches or a height
in excess of 12 inches, provided that no such sign shall be made to
visually appear to be part of any other sign on the property.
(3)
A bulletin
board not exceeding five square feet in area for public, charitable
or religious institutions, when located upon the premises of said
institutions. Only one such sign shall be exempt.
(4)
A memorial
sign or tablet or a sign indicating the name of a building or the
date of its erection, when cut into any masonry surface or when constructed
of bronze or other noncombustible material. Only one such sign shall
be exempt and such sign shall be located on the structure to which
it pertains.
(5)
Signs erected
for the purpose of traffic control for private ways and parking lots
and which do not contain any other matter which would make them "signs"
as defined by this chapter, legal notices, railroad crossing signs
or other signs required by law, provided that the bottom of any such
sign shall not be located more than two feet above the lowest grade
elevation below it, nor shall such sign exceed 10 inches in height
measured from the bottom of the sign to its uppermost point, nor shall
its width exceed 18 inches; being further provided that any such sign
which is to be erected on a private way or within private property
shall have been approved by an approving authority, which may upon
an appropriate showing enlarge or otherwise alter the foregoing dimensional
requirements, notwithstanding that such sign is made hereby exempt
from the permit requirements hereof.
[Amended 12-9-1997 by Ord. No. 97-1077]
(6)
Signs of
every kind and nature erected by or on behalf of a political party
of the United States of America, State of New Jersey or other political
subdivision thereof, provided that no such signs shall be located
on any public place or property nor within 25 feet of any public place
or property nor within 100 feet of the entrance to any polling place;
and being further provided that said signs do not exceed 32 square
feet in area; it being further provided that any such sign which relates
to a specific election shall be removed within seven days of the occurrence
of the election.
(7)
A sign customary
and necessary in the offering of real estate for sale or to let in
residential zoning districts by the owner thereof and his real estate
agent or broker, not to exceed five square feet in area, inclusive
of riders, and not to be maintained for more than six months after
the initial erection thereof. Only one such sign shall be exempt,
and such sign shall be located on the property to which it pertains.
Any such sign shall be removed no later than seven days after the
consummation of the sale or commencement of the lease of the property
to which it pertains.
[Amended 4-14-1998 by Ord. No. 98-1088]
(8)
The message
content of lawfully permitted signs specifically designed to be changed
from time to time, such as church announcement boards, theater marquees,
restaurant menus and the like.
(9)
Temporary
signs for charitable purposes, provided that the same do not violate
the size, placement or construction provisions of this chapter, including
exterior decorating for holiday or patriotic purposes, for a period
not to exceed 30 days. Charitable and nonprofit organizations shall
nonetheless first obtain the approval of the Mayor and Council, which
may impose reasonable conditions with respect thereto, for any banners
which may be hung or strung across the public streets of the Borough.
(10)
All signs
referred to herein may be freestanding or attached to the premises.
No draping or hanging of banner-type signs from any structure shall
be permitted unless expressly so stated in this chapter.
(11)
In residential
zones, signs which advertise the holding of a garage or yard sale,
such signs not to exceed three square feet in area and not to be maintained
for more than one week prior to the holding of the sale. Only one
such sign shall be exempt. Such sign shall be located on the property
to which it pertains and shall be removed upon the conclusion of the
sale.
[Added 9-30-1997 by Ord. No. 97-1069]
(12)
Signs that
may be required by any other ordinance, law or statute.
[Added 12-9-1997 by Ord. No. 97-1077]
[Added 5-27-1997 by Ord. No. 97-1061]
A.
In all residential
zoning districts, residential signs, including name and address plates,
professional nameplates, real estate signs and contractor signs, are
permitted, to the extent they are exempt from the provisions of this
chapter. Signs not otherwise in compliance with these provisions,
or otherwise permitted and regulated in this chapter, are prohibited.
B.
On premises used
for residential purposes which contain a professional office, a professional
announcement sign, the dimensions of which do not exceed 8 inches
by 20 inches per professional occupant, and not exceeding two square
feet in the aggregate, may be placed. Such sign may either be affixed
to the building wall of the structure located on the particular premises
or freestanding. If freestanding, the maximum height of the uppermost
level of the sign shall not exceed 3 1/2 feet. Only one such
sign shall be exempt, and such sign shall be located on the structure
to which it pertains.
C.
On premises used for multifamily or apartment purposes, signs shall be permitted in accordance with the regulations as stated in Subsection A above; provided, however, that each structure wherein multiple units are located shall be considered a single premises, and signs to be placed thereon shall be located at major accesses to the building and at no other place.
D.
On premises used for church, municipal, recreation and public buildings, or other buildings intended for a charitable purpose, there shall be permitted a sign referring to the premises upon which it is located and to the activities carried on therein, not to exceed 30 square feet in area and located not more than 2 1/2 feet above the lowest grade elevation below it. Whether affixed to the structure or freestanding, said sign shall be in addition to any sign permitted under Subsection A above.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
In the instance
of any use permitted in any nonresidential zoning district, there
shall be permitted the location of one sign to be erected on any parcel
or lot on which there is a building, which sign may be freestanding
or affixed to said structure as hereinafter provided.
(1)
If attached
to a building, the horizontal linear dimensions of such sign shall
not exceed 30% of the width of the building wall to which it is to
be affixed. The maximum height of such sign shall not exceed two feet
if the building wall is 40 feet or less in width; 2 1/2 feet
if the building wall is more than 40 feet but less than 80 feet in
width; and three feet if the building wall is 80 feet or more in width.
(2)
Freestanding
signs in the OR-1, OR-2, OR-3, and OR-4 Zoning Districts shall be
subject to the following regulations:
[Amended 9-29-2020 by Ord. No. 2020-1485; 6-25-2024 by Ord. No. 2024-1558]
(a)
Any freestanding sign, which sign may be two-sided, shall not
be located more than 2 1/2 feet above the lowest grade elevation
below it. The height of the sign shall not exceed six feet, nor shall
its width exceed 12 linear feet. The maximum area of any such sign
shall not exceed 32 square feet, which shall be calculated exclusive
of the base.
(b)
A second freestanding sign shall be permitted on a site which
has either two or more driveways separated by a distance of at least
300 feet along a single public right-of-way or on a site located on
the corner of two intersecting public rights-of-way and has one access
driveway on each public right-of-way. The second freestanding sign
shall be a maximum of 32 square feet, which shall be calculated exclusive
of the base.
(c)
The street address number of a site may be added to a freestanding
sign, provided that the number height shall not exceed four inches
and an additional two square feet of sign area shall be permitted
to accommodate the street address number.
(d)
No freestanding sign shall have more than four colors; black
and white shall be considered colors. Components of a freestanding
sign subject to this color limitation include its background, frame,
and decorative parts.
(3)
Any freestanding sign in
the B-1 and B-2 Zoning Districts and in the MI-1, MI-2 and MI-3 Overlay
Districts, which sign may be two-sided, shall be located not more
than 4 1/2 feet above the lowest grade elevation below it. The
height of the sign shall not exceed 9 1/2 feet. The maximum area
of such freestanding sign shall not exceed 20 square feet, provided
that in the event there exists on the premises to which such sign
is to be located more than 15 business units, then in such event the
area of such sign may be increased by one square foot for each such
business unit, which area as extended shall nevertheless not exceed
25 square feet.
[Amended 5-29-2018 by Ord. No. 2018-1452]
B.
Where a developed tract or parcel on which there is a building is bordered along front and back property lines by parallel roads, streets, avenues or highways, there shall be permitted two freestanding or affixed signs, one oriented to the back of the property and one oriented to the front of the property. Should application be made for erection of two signs pursuant to this provision, approval shall be contingent upon a showing of total conformance to bulk, color and location requirements detailed and provided in Subsection A above.
C.
In the B-1 and B-2 Districts,
and in the MI-1, MI-2 and MI-3 Overlay Districts, in addition to any
sign or signs permitted pursuant to this section, a sign or signs,
limited to demonstrate or evidence membership in a retail or professional
organization or credit card or credit association or plan or to show
manufacturers' or required licenses or advertisements referable to
sales within, shall be permitted to be attached to windows on the
interior of the business use, provided that the aggregate area employed
for such purpose shall not exceed 20% of the total window area.
[Amended 5-29-2018 by Ord. No. 2018-1452]
D.
Notwithstanding the above, where any premises is used or intended to be used as a "shopping plaza," which for the purposes of this chapter shall be defined as two or more business uses within a single structure, the foregoing signs specified in above § 400-67A shall not be permitted, and the following signs shall be instead permitted: one sign for each business unit, not to exceed 90% of the width of the business unit front to which said sign is to be affixed; provided, further, that any such sign shall not exceed 16 inches in height and all such signs in any one shopping plaza shall be of uniform size, style, design and color. Where such business uses within a single structure are five or more in number, one additional sign meeting the bulk requirements of above § 400-67A, but limited to identification of the single structure, shall be permitted.
[Amended 12-9-1997 by Ord. No. 97-1077]
E.
To the extent
that they are exempt from the provisions of this chapter, other signs
shall be permitted. Signs not otherwise in compliance with these provisions
or otherwise permitted and regulated in this chapter are prohibited.
[Added 5-27-1997 by Ord. No. 97-1061]
In addition to such other signs as may be permitted
under this chapter, premises which have a principal use as a motor
vehicle service station shall be permitted the following signs:
A.
One sign bearing
the brand, trade name or trademark of the gasoline or other products
sold on the premises, not exceeding 27 square feet in area, and one
sign bearing unit prices, not exceeding 15 square feet in area, shall
be affixed to a common freestanding support or supports, and their
aggregate area shall not exceed 40 square feet. The uppermost point
of these freestanding signs shall not be greater than 12 feet in height,
and their lowest point shall not be less than six feet in height when
measured from the lowest grade elevation below them. No part of said
freestanding signs shall be located closer than 10 feet to any right-of-way.
B.
One sign bearing
the brand, trade name or trademark, not exceeding 12 square feet in
area and nonilluminated, may be affixed to the face of the building.
C.
In addition to
any signs permitted above, there shall be permitted signs to be appended
to fuel pumps, indicating the price per gallon of fuel, provided that
such signs do not exceed 0.75 square feet in aggregate area per sign.
An additional sign may be located on each fuel pump indicating the
grade of fuel being sold.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
The following
temporary signs shall be permitted:
(1)
Signs customary
and necessary in the offering of real estate for sale or to let in
nonresidential zoning districts by the owner thereof and his real
estate agent or broker, not to exceed nine square feet in the B-1
and B-2 Zones and 16 square feet in OR-1, OR-2, OR-3 and OR-4 Zones
and not to be maintained in any district for more than six months
after the initial erection thereof. Only two such signs shall be permitted,
and such signs shall be located on the property to which they pertain.
Any such sign shall be removed no later than seven days after the
consummation of the sale or commencement of the lease of the property
to which it pertains.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Signs customarily
used to indicate that real estate offered for sale or to let in residential
zones has been sold or leased by the real estate agent or broker concerned,
not to exceed three square feet in area and not to be maintained for
more than two weeks after the initial erection thereof. Only one such
sign shall be permitted, and such sign shall be located on the property
to which it pertains.
(3)
Signs customarily
used to indicate that the real estate offered for sale or to let in
nonresidential zones has been sold or leased by the real estate agent
or broker concerned, not to exceed nine square feet in area and not
to be maintained for more than two weeks after the initial erection
thereof. Only one such sign shall be permitted, and such sign shall
be located on the property to which it pertains.
(4)
Temporary
signs, customary and necessary in connection with the erection of
buildings or other construction work, shall be limited to one sign
for each construction project, to include only the identification
of the project, the builder, subcontractors, architects and/or engineers.
Such sign may be freestanding or attached to a structure but shall
not exceed 20 square feet in area and shall be removed at the completion
of construction.[1]
[1]
Editor's Note: Original § 128-9.7A.8A(5)
of the 1966 Code, pertaining to signs for garage and yard sales, which
immediately followed this subsection, was repealed 9-30-1997 by Ord.
No. 97-1069.
(5)
On no more
than one occasion per calendar year and for a duration not to exceed
14 calendar days, streamers, flags, pennants and banners shall be
permitted as temporary signs in all nonresidential districts.
[Amended 12-9-1997 by Ord. No. 97-1077]
B.
Temporary signs shall be subject to the provisions of § 400-70 and shall also be subject to the following:
(1)
Insurance
for temporary signs may be required by the Mayor and Council.
(2)
Nothing contained
herein shall be deemed to permit the erection or installation of any
signs upon any pole or tree located on public property or within the
public right-of-way within the Borough of Montvale, and their erection
or installation is hereby specifically prohibited.
[Added 5-27-1997 by Ord. No. 97-1061]
B.
No flashing or
scrolling signs shall be permitted.
C.
Except as otherwise
specifically provided in this chapter, no freestanding signs shall
be permitted.
D.
Except as otherwise
specifically provided in this chapter, no banners, pennants, flags
or streamers shall be allowed to be strung across, upon, over or along
any premises or building, whether as a part of any sign or not. Specifically
excluded from the foregoing shall be the American flag, the flag of
the State of New Jersey and, limited to buildings occupied by a single
commercial user, a corporate flag or, in lieu of a corporate flag
or the flag of the State of New Jersey, the flag of another nation
which may be flown for a period not to exceed seven days at any one
time for the purpose of honoring persons who may be visiting the facility
at the time. No such excluded flag shall be more than five feet in
height or eight feet in width or flown from a flagpole which is greater
than the maximum building height permitted in the zoning district.
[Amended 2-24-1998 by Ord. No. 98-1080]
E.
No sign shall
be, in whole or in part, moving, mobile or revolving.
F.
In the event
of a mixed use of premises, only those signs allowed for the dominant
use shall be permitted.
G.
No directories
or listings of occupants and users within a building shall be permitted
on any freestanding sign; provided, however, that in the instance
of such freestanding signs being located within the OR-1, OR-2, OR-3
and OR-4 Districts on properties being used for the purposes allowed
in said districts, the name of up to four tenants of the principal
building may be displayed on said freestanding sign.
[Amended 9-29-2020 by Ord. No. 2020-1485; 6-25-2024 by Ord. No. 2024-1558]
H.
Any sign in the
interior of a premises which has a primary purpose of being visible
from the exterior of the premises shall be considered an exterior
sign for the purpose of this chapter.
I.
Signs which are
not expressly and directly related to the business being conducted
on the premises or which do not conform to the applicable requirements
and standards set forth in other sections of this chapter are prohibited.
Any sign which relates to a former occupant of the premises to which
it is affixed shall be removed within seven days of the vacation of
the premises by the former occupant.
J.
No sign, except
for freestanding signs in the OR-1, OR-2, OR-3, and OR-4 Zoning Districts,
shall have more than two colors, inclusive of its background, frame
and decorative parts. For the purposes of this chapter, black and
white shall be considered colors. Notwithstanding anything herein
to the contrary, in such instance where black or white shall be used
in the formation of a sign as aforesaid, then in such instance either
of such may be used as a third color. The allowance of a third color
is intended as a vehicle to encourage creativity in the arrangement
of a sign, which expression is not disconsonant with other signage
in the area and does not exceed the limits necessary to afford a reasonable
identity to the use for which the sign is intended.
[Amended 6-25-2024 by Ord. No. 2024-1558]
K.
No sign shall
be erected or painted or composed of fluorescent or phosphorescent
or similar material.[1]
L.
No sign shall
contain any letter, word, name, number, model, insignia, emblem, message
or representation that is composed of gas-filled tubes.
M.
No sign shall
be illuminated by a light source which is partially visible from any
place other than on the premises where the sign is located, nor shall
any light source, either internal or external to the sign itself,
exceed 0.5 footcandle in intensity when measured at any point on the
property line of the premises upon which the sign is located.
N.
No sign shall
be artificially illuminated after 11:00 p.m. or before 7:00 a.m.,
unless said premises are occupied and attended.
O.
No sign shall
be placed or located or displayed upon any sidewalk or area between
sidewalk and curb, nor shall any sign project on or over a sidewalk.
P.
No freestanding
sign shall be located less than 10 feet from any property boundary
line; provided, further, that such sign shall be constructed at a
location so as not to obscure the line of sight at intersections or
points of access to the premises being served or adjacent premises,
as determined in the reasonable judgment of the enforcing official
or approving authority and as otherwise may be prescribed by local,
county or state regulations.
Q.
Freestanding
signs shall be supported by such means as are capable of preventing
injury.
R.
A sign affixed
to a building wall shall be securely affixed, and where the surface
of the same shall extend more than 3 1/2 inches from the face
of said wall, said sign shall not be located less than 10 feet above
the average ground elevation below.
S.
No sign shall
be erected, relocated or maintained so as to prevent free ingress
to or egress from any door, window or fire escape. No sign of any
kind shall be attached to a standpipe or fire escape.
T.
No sign or other
advertising structure shall be erected at the intersection of any
streets in such a manner as to obstruct free and clear vision or at
any location where, by reason of the position, shape or color, it
may interfere with, obstruct the view of, cause an optical illusion
or be confused with any authorized traffic sign, signal or device
or which makes use of words, phrases, symbols or characters in such
manner as to interfere with, mislead or confuse traffic.
U.
All signs shall
be constructed in accordance with the requirements of the Uniform
Construction Code and such other requirements that may be adopted
therein by reference.
V.
The enforcing
official shall require the proper maintenance of all signs and shall
inspect every sign for which a permit is issued within 30 days after
it is erected. All signs, together with all of their supports, shall
be kept in repair and in a proper state of preservation. The display
surfaces of all signs shall be kept neatly painted or posted at all
times. The enforcing official may order the removal of any sign that
is not maintained in accordance with the provisions of this chapter.
W.
Unless specifically
approved by the governing body in accordance with this chapter or
placed by the Borough itself for a public purpose, no sign shall be
permitted to be placed on any public property, publicly owned property
or within any public right-of-way.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
Provided that
such sign was lawfully erected under any prior ordinance, any sign
existing at the time of the passage of this chapter which violates
any of the provisions hereof shall be deemed a nonconforming sign
and may be continued, maintained and repaired upon the present premises
or location. Any sign unlawful under any prior ordinance shall remain
unlawful unless it complies with the provisions of this chapter and
there is issued by the enforcing official a permit therefor.
B.
Any sign which
has been damaged to the extent that the cost of repairs is 50% or
more of the then-current value of the sign shall be deemed as destroyed.
The owner thereof shall not be permitted to erect, reerect or restore
said sign except in accordance with the procedures set forth in this
chapter.
[Added 5-27-1997 by Ord. No. 97-1061]
If the enforcing official shall find that any
sign is unsafe or insecure or is a menace to the public, the official
shall give written notice to the owner, agent or person having the
beneficial use of the premises upon which such sign may be erected.
If such owner, agent or person fails to remove or alter the sign so
as to comply with the standards herein set forth within 10 days after
such notice, such sign or other advertising structure may be removed
or altered to comply by the enforcing official, at the expense of
the owner, agent or person having the beneficial use of the premises
upon which such sign may be erected. The enforcing official may cause
any sign or other advertising structure which is an immediate peril
to persons or property to be removed summarily and without notice.
[Added 5-27-1997 by Ord. No. 97-1061; amended 7-8-2008 by Ord. No. 2008-1282; at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
[Added 5-27-1997 by Ord. No. 97-1061]
This chapter shall be administered and enforced
by the enforcing official.
[Added 5-27-1997 by Ord. No. 97-1061]
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
for promotion of public health, safety, convenience and general welfare.
[Added 5-27-1997 by Ord. No. 97-1061; amended 12-8-1998 by Ord. No. 98-1108; 2-27-2007 by Ord. No. 2007-1262]
