[Ord. No. 10-12 § 1]
This chapter shall hereafter be known and cited as the "Sign
Regulations of the Borough of Tenafly."
[Ord. No. 10-12 § 1]
In an effort to promote the general welfare, it is the purpose
of these regulations to control the size, location, character and
other pertinent features of all signage visible from the exterior
of any structure in the Borough of Tenafly.
[Ord. No. 10-12 § 1]
As used in this chapter:
Shall mean a roof-like cover that projects from a building
wall for the purpose of shielding a window or doorway from the elements,
totally supported by the building from which they project without
support from the ground below.
Shall mean any sign or string of one or more signs, usually
made of cloth or other lightweight material, which is used to attract
attention, whether or not imprinted with words or characters, including
but not limited to balloons and pennants. Flags shall not be considered
banners.
Shall mean any structure or portion thereof on which lettered
or pictorial matter is displayed for advertising purposes which is
located on a building or site other than the building or site to which
the advertising relates.
Shall mean a changeable freestanding sign erected for the
purpose of conveying timely religious, civic or municipal information
to the general public. Bulletin signs may be changed manually or digitally.
[Amended 10-5-2021 by Ord. No. 21-18]
Shall mean a roof-like cover, either freestanding or attached
to a building wall and supported totally or partially by the ground
below.
Shall mean a graphic drawing or trademark containing a pictorial
representation and/or limited lettering. Phrases or mottoes shall
not be considered part of the logo.
Shall mean a permanent structure attached to a building wall,
having horizontal or nearly horizontal top and bottom surfaces, with
no vertical ground support, which is intended to serve as a covering
over the ground below and may be used for the display of changeable
lettering.
Shall mean that at which to the average person applying contemporary
community standards, when considered as a whole, has as its dominant
theme or purpose an appeal to the prurient interest. Any picture,
drawing, photograph or other material shall be obscene within the
meaning of this chapter, if it is established that: (a) the dominant
theme of the material taken as a whole appeals to the prurient interest;
(b) the material is patently offensive because it affronts contemporary
community standards relating to the description or representation
of sexual matters; and (c) the material is utterly without redeeming
social value or the material, taken as a whole lacks serious artistic,
literary, political or scientific value.
Shall mean any individual, firm, corporation, partnership
or any other type or form of business which may be conducted in this
state.
Shall mean a temporary sign which directs attention to a
candidate, slate of candidates, issue or issues for public consideration
in any primary, general, school board or special election.
Shall mean any sign advertising for sale or rent a lot, building,
or any part of same, upon which the sign is erected or displayed.
Shall mean any inscription, written, printed, painted or
otherwise placed on a board, plate, banner or upon any material object
or any device whatsoever, which, by reason of its form, color, wording,
activity or technique or otherwise, attracts attention to itself,
whether it is used as a means of identification, advertisement or
announcement. The term shall apply only to such signs as are visible
and intelligible to persons located outside the building.
Shall mean the group of individuals charged with reviewing
and deciding applications for waivers or variances from the regulations
of this chapter and appeals from the Construction Official's decision
on sign permit applications.
The Sign Committee shall be appointed annually by the Mayor
and shall be comprised of the two members of the Governing Body and
one member of the Tenafly Chamber of Commerce. All Sign Committee
hearings shall be attended by the Construction Official.
Shall mean for the purposes of this chapter, an attached
or wall sign shall include any sign permanently affixed parallel to
the exterior face of a building wall or to an awning, canopy or marquee.
Shall mean a sign supported by a footing, foundation, uprights
or braces placed upon or in the ground and not attached to any building.
Shall mean a sign lighted by or exposed to artificial lighting,
either from within the sign or directed towards the sign.
Shall mean any sign which existed prior to the effective
date of this chapter and which does not comply with the provisions
of this chapter.
Shall mean for the purposes of this chapter, a suspended
sign shall include any sign hanging or suspended from a building wall,
awning, canopy, marquee or roof overhang, whether parallel, perpendicular
or nearly perpendicular thereto, rather than an attached sign.
Shall mean any sign placed temporarily on private property
for the purpose of communicating to the general public travel directions
and/or directional assistance for travel to any real property located
in the Borough of Tenafly.
Shall mean any representation painted, stenciled, or affixed
to a window or the glass of a door which can be seen from the outside
of the building.
[Ord. No. 10-12 § 1]
No person shall paint, post, place or affix any notice, handbill,
poster or sign of any description or cause the same to be done on
or to any curbstone, flagstone or any other portion of any street
or sidewalk or upon any tree, lamppost, telegraph, electric light
or telephone pole or fire hydrant within the limits of any street
or sidewalk area within the Borough.
[Ord. No. 10-12 § 1; Ord. No. 10-26 § 2; Ord. No. 11-04]
a.
Unless specifically noted in this chapter not to require a sign permit,
all signs in the Borough of Tenafly shall require the issuance of
a sign permit by the Borough Construction Official prior to the erection,
re-erection, changing of panels, construction, alteration, placement
or location of any sign in the Borough.
b.
The Construction Official shall issue a sign permit for any sign
approved by the Planning Board or Zoning Board of Adjustment, as the
case may be, as part of an approved development application.
c.
Except as provided in paragraph b above, no other sign permit shall
be issued by the Construction Official until an application has been
filed with the Department of Buildings by the owner of the proposed
sign. The sign permit application shall include the following:
1.
The name, mailing address, and telephone number of the owner of the
proposed sign. If the applicant is a corporation, the application
shall provide the name and address of a duly authorized agent upon
whom lawful process may be served;
2.
A scaled drawing of the proposed sign, indicating the dimensions,
the wording and any artwork, including letter height, typeface and
color;
3.
Any proposed lighting, indicating the power and type of light, and
a detail of the light fixture;
4.
A scaled drawing showing the exact location of the proposed sign
and lighting fixtures with respect to: (a) property lines of the lands
upon which said sign is to be erected; (b) all structures, if any,
located on such lands; (c) the nearest street, highway or public or
private driveway; and the location and type of any proposed landscaping.
5.
For attached or suspended signs, the plans shall include a scaled
drawing of the entire facade elevation of the building or structure
to which the sign is to be attached, with the proposed location of
the sign clearly indicated; and
6.
For any sign written in whole or in part in any language other than
English, an accurate English translation of all non-English text.
d.
Every sign permit application shall be signed by the owner of the
sign, the owner of the premises upon which the sign is to be located,
and the lessee of said premises (if any).
e.
Within 10 business days after receipt of a completed sign permit
application, the Construction Official shall take one of the following
two actions:
1.
For attached, suspended, or freestanding signs which meet the applicable
requirements of this chapter, a sign permit shall be issued, provided
that all required fees have been paid;
2.
For attached, suspended, or freestanding signs which do not meet
the applicable requirements of this chapter, the Borough Construction
Official shall deny the application for a sign permit.
f.
Any person aggrieved by the Construction Official's denial of a sign
permit, or failure to act upon such application, may appeal to the
Sign Committee by filing a written appeal with the Borough Clerk within
30 days after the Construction Official's denial. Applications for
appeals shall include five sets of the following information: 1) copy
of complete sign permit application submitted to the Construction
Official, including a rendering of the sign(s) requested, the colors,
dimensions, type of sign, and content; 2) copy of notice of denial
of sign permit issued by the Construction Official; 3) letter addressed
to the Tenafly Sign Committee stating the purpose of the appeal and/or
justification for the Sign Committee to grant a variance or waiver.
Upon receipt of a complete application, the following shall occur:
1.
The Sign Committee shall hear such appeal within 30 days of the filing
thereof;
2.
The Sign Committee shall decide such appeal within 10 days of the
hearing. If no decision is made within such ten-day period, the appeal
shall be considered denied.
3.
If the Sign Committee determines that a sign permit shall be issued,
then the Construction Official shall issue a sign permit within five
business days thereafter, provided that all required fees have been
paid.
[Ord. No. 10-12 § 1]
The following fees shall be charged at the time of issuance
of each sign permit:
a.
For signs having an area on one side as follows:
|
Area
(square feet)
|
Fee
|
|---|---|
|
Less than 2
|
No fee
|
|
2 but less than 25
|
$15
|
|
25 but less than 50
|
$25
|
|
50 but less than 100
|
$50
|
|
100 but less than 200
|
$75
|
|
200 and over
|
$150
|
b.
For any double-faced sign, double the fee set forth in paragraph
a above.
c.
In addition to the applicable permit fees listed in paragraphs a
and b of this subsection, a nonrefundable application review fee of
$35 per sign shall be due at the time of filing each sign permit application.
This fee shall cover the cost of reviewing the sign permit application.
[Ord. No. 10-12 § 1]
a.
No sign shall be erected, displayed, altered or replaced which is
not in accordance with the standards established in this chapter.
b.
No sign shall be placed on or attached to a building or erected on
a lot for any purpose other than to advertise a permitted business
or use conducted on the same premises, unless specifically permitted
herein.
c.
Moving, fluttering or rotating signs, or signs using mechanical or
electrical devices to revolve, flash or display movement, intermittent
illumination, or the illusion of movement, are expressly prohibited.
Digital or electronic bulletin signs conveying timely information
to the general public, located on Borough or Board of Education property,
are expressly exempted from this section.
[Amended 10-5-2021 by Ord. No. 21-18]
d.
Signs which have any lighting or control mechanisms which cause radio,
television or phone interference are expressly prohibited.
e.
No portion of any sign shall be located on, within or suspended over
a public right-of-way, unless specifically approved by the Mayor and
Council.
f.
No sign of any type shall be permitted to obstruct driving vision,
traffic signals, street signs, traffic directional and identification
signs, other places of business, or other signs.
g.
No sign with red, green, blue or amber illumination in a beam, beacon
or flashing form resembling an emergency light, safety or warning
device or traffic signal shall be erected in any location.
h.
No new or replacement billboards shall be permitted in the Borough
of Tenafly.
i.
No signs shall be painted on a building wall, sidewalk, or curb.
j.
No signs which are located on or above the roof of a building or
which extend above the top or beyond the ends of an awning, canopy,
marquee, or mansard roof.
k.
No attached or suspended signs which are affixed to any tree, fence,
or any electrical, telephone or other public utility pole.
l.
No window signs, except as specifically permitted.
m.
No sign shall be exhibited, except as expressly permitted in this
chapter, which is portable (i.e., fixed on a movable stand, self-supporting
without being firmly imbedded in the ground, supported by other objects,
mounted on wheels or movable vehicles, or made easily movable in some
other manner).
n.
No sign shall be exhibited which advertises a product which is not
the principal use of the subject property.
[Ord. No. 10-12 § 1]
a.
Attached Signs. Attached signs shall be firmly affixed to the exterior
wall of a building, shall project not more than six inches from the
building, and shall be positioned in the architectural sign band on
the building facade, if provided.
b.
Freestanding Signs. Freestanding signs shall be supported by one
or more columns or uprights which are firmly imbedded in the ground;
exposed guy wires, chains or other connections are not permitted.
c.
Height. Unless otherwise specifically permitted in this chapter,
no free-standing sign shall be higher than 12 feet, measured to the
top of the sign to the grade beneath the sign.
d.
Illuminated Signs. Externally illuminated signs shall have purpose-made,
decorative-type light fixtures, directly focused onto the sign face,
illuminating only the sign, with the light source shielded if necessary
in order to prevent any sight of the light source from any street
or neighboring property. Internally lighted signs shall have diffused
lighting which spreads light over a translucent surface from behind
and the direct source of light shall not be visible. All light fixtures,
whether external or internal shall be firmly affixed in place.
e.
Neon Signs. Subject to all other applicable regulations in this chapter,
exposed neon tube signs shall be permitted only in the interior of
retail establishments. No flashing neon tube signs shall be permitted.
f.
Sign Area. The area of a sign shall be measured either around the
edges of a framed or enclosed sign or, where the sign has no frame
or enclosure, by the area utilized by isolated words and/or symbols,
including the background whether open or enclosed, as framed by a
tight rectangle around all of the letters and graphics; in either
case, the area of the sign shall not include any supporting framework
and bracing.
g.
Signs With Two Exposures. Except for the purposes of calculating permit and application fees pursuant to subsection 14-1.6, flat signs with identical messages on two sides shall be measured for area by using the surface of one side of the sign only; provided that when there is a different message on each side, each side shall be considered a separate sign.
h.
Wording and Numbering. The language of all signs shall be at least
50% written in the Roman Alphabet and/or Arabic Numbers in order to
identify uses and proprietorship in emergency situations.
[Ord. No. 10-12 § 1; Ord. No. 10-26 § 3]
The following signs and other displays shall be allowed in all
zoning districts without any requirement of the issuance of a permit,
unless otherwise stated:
a.
Flags and Flagpoles. One flagpole shall be allowed on each parcel,
except that parcels of two acres or greater shall be permitted to
have two flagpoles. The flag of the United States of America and/or
the flag of the State of New Jersey may be displayed, and such flags
shall not require a sign permit, provided that such flags are not
greater than 30 square feet in area.
b.
Informational, Directional, and Nameplate Signs. Customary and typical
street number designations, nameplate signs, "private property" signs,
"no hunting" signs, on-site directional signs, parking signs, warning
signs and other similar signs are permitted in all zoning districts
in accordance with the following requirements:
1.
Each information or direction sign shall not exceed two square feet
in area and shall not display any type of commercial advertising.
2.
Any nameplate sign shall bear the name and/or address of the principal
occupant only, shall not exceed six inches in height and 18 inches
in length. In residential districts, each dwelling unit shall be entitled
to no more than two nameplate signs.
3.
The area of any permitted information, direction and/or nameplate
sign shall not be considered when calculating the total sign area
otherwise permitted on the subject property.
c.
Holiday Signs. Temporary holiday displays or lighting as a customary
part of a holiday decoration on a property shall be permitted for
the extent of time associated with the subject holiday. For the winter
holiday season, the time period is defined as November 20th through
the following January 10th.
d.
Nonprofit Organization Event Signs. The erection of up to three temporary
signs announcing an event sponsored by a nonprofit organization in
the Borough of Tenafly shall be permitted in accordance with the following
requirements; a sign permit shall be required, but the sign permit
fee and application review fee shall be waived:
1.
A maximum of four signs, one of which may be located on a property
owned or leased by the nonprofit organization, and three of which
may be located on other properties, provided that said properties
are situated within non-residential zoning districts.
2.
The written application to the Borough Construction Official by the
non-profit organization shall include a written representation by
the owner of each property upon which a sign is to be located, giving
permission for the display of said sign;
3.
The subject sign(s) may be banners, freestanding or attached signs,
provided that each banner or sign does not exceed 32 square feet in
area. If freestanding, the sign shall not exceed five feet in height
and shall be set back at least 10 feet from all street, driveway and
property lines.
4.
The subject sign(s) shall not be illuminated and shall be constructed
of durable fabric, wood, metal, or sturdy plastic, shall be neatly
painted and be adequately secured for aesthetic and safety purposes.
5.
No more than one sign for any particular nonprofit organization shall
be permitted on any particular property at the same time, and no more
than two nonprofit organization event signs shall be permitted on
any particular property at the same time.
6.
The subject sign(s) may be displayed for a period not to exceed 30
days prior to the event, and the specific time period for the display
of all signs shall be indicated on the written application.
7.
In any case, the subject signs shall be removed within three business
days after the event, and it shall be the responsibility of the nonprofit
organization to remove the signs.
e.
Real Estate Signs. Real estate signs temporarily advertising the
sale, rental, or lease of any premises or portion thereof located
in the Borough of Tenafly shall conform to the following requirements:
1.
All real estate signs shall be nonilluminated and shall not exceed
four square feet in area. Only one real estate sign may be erected
on the property to be sold or rented, except that two signs may be
erected on a corner lot, with no more than one sign facing each abutting
street.
2.
All real estate signs shall be removed at the expense of the advertiser
within seven days after the earlier of: (a) the signing of a contract
of sale and termination of any applicable attorney review period,
(b) execution of the lease of both the landlord and tenant, (c) closing
of title, or (d) termination of the real estate listing agreement.
3.
All temporary directional real estate signs shall be removed within
four hours after conclusion of the event to which the temporary directional
real estate signs refer.
f.
Temporary Directional Signs. Temporary directional signs shall be
subject to the following restrictions:
1.
All temporary directional signs shall be located on private property
and after first obtaining the consent of the owner of such property.
2.
No more than three temporary directional signs shall be permitted
for each event to which such sign refers.
3.
No temporary signs may be placed upon utility poles or upon any permanent
signs, or poles supporting the same.
4.
All temporary directional signs shall be removed within 12 hours
after conclusion of the event to which the temporary directional signs
refer.
g.
Construction Signs. One nonilluminated, freestanding sign, not exceeding
four square feet in area, shall be permitted as follows during the
renovation, repair or expansion of an existing building, and such
sign shall require a sign permit:
1.
The subject sign may advertise the prime contractor/builder and the
architect for the entire period of construction.
2.
The subject sign must be located on the site where the construction
is taking place, out of any existing or proposed street or easement,
and shall be set back at least 10 feet from all street and lot lines.
3.
One additional sign of the same size and type, and subject to the
same conditions, shall be permitted on a corner lot, provided that
no more than one sign faces each abutting street.
h.
Land Development Signs. One nonilluminated, freestanding sign not
exceeding 12 square feet shall be permitted as follows during the
construction of new one-family or two-family residences, or approved
site plans or major subdivisions:
1.
The subject sign may advertise the prime contractor/builder, subcontractor(s),
architect, financing institution, address, block and lot number and/or
similar information during the period of construction beginning with
the issuance of a construction permit and concluding with the issuance
of the Certificate of Occupancy or the expiration of the construction
permit, whichever comes first, provided that in the case of residential
subdivisions or site plans, the sign may remain until all but two
of the lots or units have initially been sold.
2.
The subject sign must be located on the site where the construction
is taking place, out of any existing or proposed street or easement,
and shall be set back at least 10 feet from all street and lot lines.
3.
One additional sign of the same size and type, and subject to the
same conditions, shall be permitted on a corner lot, provided that
no more than one sign faces each abutting street.
i.
Traffic Signs and Historic Plaques.
1.
Permanent traffic signs, railroad crossing signs, and danger signs
and temporary emergency or safety signs required for governmental
or public utility employees to complete their official work; and
2.
Unlighted historic building plaques for buildings which have been
designated as historic shall be permitted and shall not require a
sign permit, provided the subject signage conforms to all applicable
State and local historic preservation regulations.
j.
Election Signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed
as an attached sign or as a freestanding sign. The election sign shall
not exceed four square feet in size (sign area); and, if the election
sign is displayed as a freestanding sign on the parcel, the election
sign shall not exceed three feet in height. An election sign shall
be removed within seven calendar days following the election to which
it pertains.
k.
Free Expression Signs. Up to two nonilluminated, freestanding signs,
each not exceeding four square feet in size (sign area) area, and
three feet in height may be located on each private property in the
Borough. Each such sign may express any lawful noncommercial message,
opinion, or view. No time limits shall apply to such signs.
[Amended 10-5-2021 by Ord. No. 21-18]
l.
Setback Distances. Unless otherwise expressly stated, all signs referred to in this subsection 14-1.9 which are erected or installed without the issuance of a permit, including but not limited to all real estate signs, election signs, and free expression signs, shall be set back not less than four feet from the face of the curb of the nearest abutting street. If there is no curb, then each such sign shall be set back not less than four feet from the edge of the pavement of the nearest abutting street. If there is a concrete, paver, flagstone, or other hard surfaced sidewalk along the abutting street, no such sign shall be located in the area between the paved street and the sidewalk. Such signs shall also be set back from any side property line in accordance with the applicable side yard requirements for the zone in which the subject property is located.
[Ord. No. 10-12 § 1]
The following signs are permitted in the "R-40," "R-20," "R-10,"
"R-9," "R-7.5," "R-MF" and the "R-RMF" residential zoning districts,
provided and in accordance with the following:
a.
Places of worship, private recreational clubhouses, and public buildings
and uses are permitted the following signs:
1.
One lighted or unlighted freestanding or attached sign, which shall
identify the name of the facility only, and one freestanding lighted
or unlighted "bulletin sign" shall be permitted as follows:
(a)
The aggregate size of both signs shall not exceed 32 square
feet in area; and
(b)
Any freestanding or bulletin sign shall not exceed five feet
in height and shall be set back at least 15 feet from the face of
the curb of the nearest abutting street, or from the edge of the pavement
if there is no curb.
2.
One additional unlighted attached sign, not exceeding four square
feet in area, shall be permitted at an entrance to the principal building
to convey information to the public, such as hours of operation.
b.
Multi-family housing developments are permitted the following signs:
1.
One lighted or unlighted freestanding sign, which shall identify
the name of the development only, along each street which the tract
abuts, to be located at the major entrance from that street into the
development, provided and in accordance with the following:
2.
Additional signs may be approved by the Planning Board as part of
the site plan approval when additional signs are necessary to direct
traffic by providing the names of and/or directions to any buildings
located within the development; each such sign shall be set back at
least the minimum distance required for a principal building and shall
not exceed 10 square feet in area.
[Ord. No. 10-12 § 1]
The following signs are permitted in the "B-1" and "B-2" Business
zoning districts and in the "O" Open zoning district, provided and
in accordance with the following:
a.
Private and public schools, nonprofit organizations and facilities,
and public buildings and uses are permitted the following signs which
shall be located along the streets abutting the property to which
each sign relates:
1.
One lighted or unlighted freestanding or attached sign, which shall
identify the name of the facility only, and one freestanding lighted
or unlighted "bulletin sign" shall be permitted as follows:
(a)
The aggregate size of both signs shall not exceed 32 square
feet in area; and
(b)
Any freestanding or bulletin sign shall not exceed five feet
in height and shall be set back at least 15 feet from the face of
the curb of the nearest abutting street, or from the edge of the pavement
if there is no curb.
2.
One additional unlighted attached sign, not exceeding four square
feet in area, shall be permitted at an entrance to the principal building
to convey information to the public, such as hours of operation.
b.
All other principal uses permitted within the "B-1," "B-2" and "O"
zoning districts shall provide signage in accordance with the following
requirements:
1.
Each individual use with direct access from the outside of a building
shall be required to have one lighted or unlighted attached or suspended
sign as follows:
(a)
The sign shall identify the name of use, may contain the street
address number, and not more than one logo;
(b)
The sign may be located on an awning, canopy or marquee, may
be attached flat against the building, or may be suspended from a
building wall, awning, canopy or roof overhang;
(c)
Any such sign located on an awning, canopy or marquee or a sign
attached flat against a building shall not exceed 32 square feet in
area and three feet in height, and shall not be located above the
ceiling level of the first floor of the building;
(d)
A suspended sign shall not exceed six square feet in area and
shall extend no closer than eight feet to the ground level beneath
the sign;
(e)
While a building will have a sign for each individual use or
tenancy with direct access from the outside of the building, the area
of all attached or suspended signs on a building shall not exceed
32 square feet in area per street-fronting tenant space and shall
not have a width in excess of 80% of the width of the tenant space
frontage along the street; and
(f)
The maximum height of the letters or numbers on any sign shall
be 15 inches, and the maximum height of any logo on any sign shall
be 24 inches.
2.
The signs permitted for each use within a subject building shall
be uniform and compatible in terms of design, materials, colors, lettering,
lighting and position on the building, consistent with the following
requirements:
(a)
If no uniform pattern has been established, any new sign shall,
to the greatest extent possible, follow the pattern of the existing
sign or signs which most closely fulfill the objectives of this chapter;
(b)
In any case, all signs attached to a building shall be placed
at the same elevation along the building facade; and
(c)
The owner of a building, and the individual tenants of the building,
shall be responsible for compliance with the sign requirements of
this chapter, and each lease agreement between the property owner
and any tenant shall include a requirement to conform to the requirements.
c.
Signs erected or displayed pursuant to this subsection shall not
cover more than 30% of the total window area of any building, nor
more than 10% of any door.
d.
The following temporary signs shall be permitted in the "B-1," "B-2"
and "O" zoning districts:
1.
New Businesses. The grand opening of a distinctly new business may
display pennants and banners on site for a maximum of 10 days.
2.
Portable Advertising Signs. Portable hinged "A-frame" (sometimes
also called a "sandwich board") signs temporarily advertising a "grand
opening," "under new management," or a specific event or sale, are
permitted for businesses located in the "B-1," "B-2" and "O" zoning
districts, provided they conform to the following requirements:
(a)
Such portable signs shall be displayed for a period not to exceed
seven consecutive days prior to and during the event or sale, and
no more frequently than once per calendar month. The sign shall be
displayed only during the hours that the business is open and in operation;
(b)
The frame of the sign shall not exceed four feet in height when
closed and three feet when open. The width of the frame shall not
exceed 28 inches;
(c)
Only one portable sign is permitted per lot or building, and
same shall be anchored or weighted in a manner so that it is not easily
knocked over or shifted. Except as provided below, the sign shall
be located to allow not less than five feet of unobstructed passage
for pedestrians and/or vehicular movements. In areas where such placement
is not possible due to the limited width of the sidewalk, such signs
shall be placed in a flat position directly against the building.
3.
Temporary Window Signs. Temporary interior window signs advertising
products or services within the premises are permitted in the "B-1,"
"B-2" and "O" zoning districts as follows:
[Ord. No. 10-12 § 1; Ord. No. 10-26 § 4]
The following signs are permitted in the "C" and "CA-C" Commercial
zoning districts and in the "M-I" Industrial zoning district and in
the "SR/B" Senior Residence/Business zoning districts, provided and
in accordance with the following:
a.
Nonprofit organizations and public buildings and uses are permitted
the following signs:
1.
One lighted or unlighted freestanding or attached sign, which shall
identify the name of the facility only, and one freestanding lighted
or unlighted "bulletin sign" shall be permitted as follows:
(a)
The aggregate size of both signs shall not exceed 20 square
feet in area;
(b)
Any freestanding or bulletin sign shall not exceed five feet
in height and shall be set back at least 15 feet from the face of
the curb of the nearest abutting street, or from the edge of the pavement
if there is no curb; and
(c)
One additional unlighted attached sign, not exceeding four square
feet in area, shall be permitted at an entrance to the principal building
to convey information to the public, such as hours of operation.
b.
Gasoline service stations, public garages, car wash facilities and
new car sales and service uses are permitted the following signs:
1.
One lighted or unlighted sign attached flat against the building
and not exceeding 25 square feet in area.
2.
One lighted or unlighted, freestanding sign identifying the name
of the facility or the brand name and/or logo and any pricing information.
The freestanding sign shall not exceed 25 square feet in area, shall
be set back at least 20 feet from any property lines and five feet
from any street rights-of-way, and shall not exceed 12 feet in height.
3.
An additional unlighted sign may be attached to a building over each
individual bay door in accordance with the following:
4.
For service stations only, the following additional signage shall
be permitted:
(a)
One internally lighted or unlighted sign on the face of a canopy
over the pump islands, provided that no more than two faces of a canopy
may have such a sign. Each such sign may display the brand name and/or
logo of the gas company only and shall not exceed 10 square feet in
area.
(b)
Customary lettering or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name of the
gasoline sold, lead warning sign, a price indicator and any other
sign required by law, provided that the total area of all signs on
each pump shall not exceed three square feet in area.
(c)
One portable sign located on the pump island only, provided
that said sign shall not exceed six square feet in area and be displayed
only when the service station is open.
c.
All other principal uses permitted within the "C," "CA-C," "M-I"
and "SR-B" zoning districts shall provide signage in accordance with
the following requirements:
1.
Each individual use with direct access from the outside of a building
shall be required to have one lighted or unlighted attached or suspended
sign as follows:
(a)
The sign shall identify the name of the use only;
(b)
The sign may be located on an awning, canopy or marquee, may
be attached flat against the building, or may be suspended from a
building wall, awning, canopy or roof overhang;
(c)
A sign located on an awning, canopy or marquee or a sign attached
flat against a building shall not exceed 24 square feet in area and
two feet in height, and shall not be located above the ceiling level;
(d)
A suspended sign shall not exceed six square feet in area and
shall extend no closer than eight feet to the ground level beneath
the sign;
(e)
While a building will have a sign for each individual use or
tenancy with direct access from the outside of the building, the area
of all attached or suspended signs on a building shall not exceed
32 square feet in area per street-fronting tenant space and shall
not have a width in excess of 80% of the width of the tenant space
frontage along the street; and
(f)
The maximum height of the letters or numbers on any sign shall
be 10 inches, and the maximum height of any logo on any sign shall
be 16 inches.
2.
Any individual use within a building shall be permitted one additional
sign to be painted or otherwise attached to a window or to a door
of the portion of the building occupied by the subject use, provided
and in accordance with the following:
(a)
The sign shall consist only of individual letters and numbers
stating the name of the use, the owner or proprietor's name, the telephone
number of the use, and/or the days and hours of business operation;
and
(b)
The lettering and numbers on the sign shall not exceed six inches
in height, and the total area of the sign shall not exceed 10% of
the area of the window or door to which the sign is attached.
3.
The signs permitted for each use within a subject building and throughout
a shopping center shall be uniform and compatible in terms of design,
materials, colors, lettering, lighting and position on the building.
(a)
If no uniform pattern has been established, any new sign shall,
to the greatest extent possible, follow the pattern of the existing
sign or signs which most closely fulfill the objectives of this chapter;
(b)
The owner of a building, and the individual tenants of the building,
shall be responsible for compliance with the sign requirements of
this chapter, and each lease agreement between the property owner
and any tenant shall include a requirement to conform to the requirements.
4.
Each principal building of each "shopping center" shall be permitted
one freestanding lighted or unlighted sign in addition to the permitted
signs identifying the individual uses, subject to the following conditions:
(a)
The freestanding sign shall display only the name and address
of the subject building or shopping center;
(b)
Said sign shall be located in the front yard area and shall
be set back at least 20 feet from any property line and at least five
feet from the face of the curb of the abutting street;
(c)
No freestanding sign may be erected within 40 feet of an intersection
of two streets; and
(d)
The freestanding sign shall not exceed 20 square feet, and its
supporting members, shall not exceed 12 feet in height. The maximum
height of the letters or numbers on the sign shall be 12 inches, and
the maximum height of any logo shall be 16 inches.
d.
The following temporary signs shall be permitted in the "C," "CA-C,"
"M-I" and "SR/B" zoning districts:
1.
New Businesses. The grand opening of a distinctly new business may
display pennants and banners on site for a maximum of 10 days during
the grand opening, provided that a sign permit is issued.
2.
Portable Advertising Signs. Portable hinged A-frame (a.k.a. "sandwich
board") signs temporarily advertising a "grand opening," "under new
management" or a specific event or sale are permitted for businesses
located in the "C," "CA-C," "M-I" and "SR/B" zoning districts, provided
they conform to the following requirements:
(a)
Such portable signs shall be displayed for a period not to exceed
10 total days prior to and during the event or sale and no more frequently
than four times per year. The sign shall be displayed only during
the hours that the business is open and in operation;
(b)
The portable sign shall be constructed of wood and shall have
a non-glossy finish with clear and legible wording. The frame of the
sign shall not exceed four feet in height when closed and three feet
when opened. The width of the frame shall not exceed 28 inches;
(c)
Only one portable sign is permitted per lot or building and
shall be anchored or weighted in a manner so that it is not easily
knocked over or shifted. The sign shall be located outside the public
rights-of-way and shall not interfere with any pedestrian or vehicular
movements; and
(d)
Temporary portable signs shall not be considered in computing
the allowable sign area otherwise permitted and shall not require
a sign permit.
(e)
Temporary window signs. Temporary interior window signs are
permitted in the "C," "CA-C," "M-I" and "SR/B" zoning districts, provided
that the sign(s) shall not exceed 10% of the total window area of
the subject use and shall be displayed for a period not to exceed
30 days. Temporary window signs shall not be considered in computing
the allowable sign area otherwise permitted and shall not require
a sign permit.
[Ord. No. 10-12 § 1; Ord. No. 10-26 § 5; Ord. No. 11-04]
a.
The Mayor and Council finds each year the Borough is inundated each
year with all types of temporary signs which are frequently affixed
to utility poles, trees in public parks, and along public rights-of-way.
The haphazard placement of such signs, particularly those affixed
to utility poles, sometimes creates hazards to utility workers and
is illegal according to State statute. The proliferation of such signage
has also encouraged illegal acts such as trespassing, and the removal
of such signage by Borough personnel is an added expense to the taxpayers
of the municipality. For those reasons, the Mayor and Council have
determined that reasonable regulation of such signs is in the interest,
general good and welfare of the community.
b.
At no time whatsoever may signs or stickers of any type or size be
affixed in any way to utility poles, traffic signs, traffic signal
boxes or poles, public mailboxes, fire hydrants, fences, trees or
any other public fixtures, nor shall same be placed in any way along
highways or street curblines, on highway dividers, islands or overpasses
or above (across) streets or highways or on any public property, except
as may be expressly authorized in this chapter.
c.
Public forum for temporary signs. Each year, by resolution duly adopted
at the annual reorganization meeting, the Mayor and Council shall
designate not less than four locations on public property within the
Borough where temporary freestanding, billboard-type signs shall be
permitted to be placed for noncommercial purposes by nonprofit organizations
for noncommercial purposes, such as election signs and event signs.
Free expression signs are not permitted. Each location shall accommodate
three signs. Signs placed at such locations shall not exceed 32 square
feet in size. Persons and organizations will be given an opportunity,
on a first-come-first-served basis, to place not more than one sign
per location, at not more than three locations per event or announcement.
Once placed, such temporary signs may remain for a period of not more
than 40 days. If such signs are posted in connection with a specific
event, such signs shall be removed within seven days after the event,
even if the forty-day time limit has not expired. The Borough Clerk
will maintain a current list of the approved locations and will provide
same upon request. Applications to place signs, and/or to reserve
dates to place signs at such locations, will be available from the
Department of Buildings.
[Amended 10-5-2021 by Ord. No. 21-18]
d.
The provisions of this section, including the right to remove and
dispose of any temporary signs placed on public property in violation
hereof, shall be enforced by Police Department personnel, Department
of Buildings personnel, and the Department of Public Works personnel.
[Ord. No. 10-12 § 1]
a.
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.
b.
Any sign that is or is becoming dangerous or unsafe in any manner
whatsoever shall be repaired and made safe in conformity with this
chapter, or such sign shall be removed by the owner, lessor, agent
or occupant of the building, property or land upon which such dangerous
or unsafe sign is located.
c.
Should written notice be given by the Zoning Officer or Construction
Official to an owner, lessor, 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. The Construction Official may
cause any sign or advertising structure which is an immediate peril
to persons or property to be removed summarily and without notice.
d.
Failure to keep a 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 be made conforming.
e.
Notwithstanding anything herein to the contrary, within 30 days after
any commercial premises shall become vacant, all obsolete signs visible
from the exterior of the premises shall be removed or neatly and securely
covered. A sign shall be considered obsolete if the same identifies
or promotes a business, trade, profession, or activity not being conducted,
or to be conducted, at the vacant commercial premises.
[Ord. No. 10-12 § 1]
a.
Except as provided by paragraph b below, any sign erected, applied,
or existing in violation of this chapter shall either be removed or
brought into compliance by the owner, lessor, agent, or occupant of
the building within 30 days after receipt of written notification
of the violation from either the Zoning Officer, Construction Official,
or Code Enforcement Official.
b.
A nonconforming sign that was lawfully erected may continue to be
maintained until the nonconforming sign is substantially damaged or
destroyed. At such time that the nonconforming sign is substantially
damaged or destroyed, the nonconforming sign must either: (1) be removed
or (2) be brought into conformity with this chapter and with any other
applicable law or regulation.
c.
If the owner, lessor, agent or occupant of a building fails to either
remediate the violation or remove the nonconforming sign within the
five business days after receipt of the notice referred to in paragraph
a, such sign may be removed or altered by either the Zoning Officer,
Construction Official, or Code Enforcement Official so as to comply
with the provisions of this chapter, and the costs of same shall be
charged to the owner of the property upon which the sign is or was
located. The Construction Official shall refuse to issue a sign permit
to any permittee or owner who refuses to pay costs as assessed.
d.
The owner of any sign which is determined by the Construction Official
to be insecure or a menace to public safety shall correct said condition
or remove the sign. Notice, in writing, of the condition aforesaid
shall be served upon the owner of the sign or the owner of the premises
upon which it is situate, and if said condition is not corrected or
the sign removed within seven days of service thereof, a complaint
for violation of this section shall be filed with the Municipal Court.
In addition thereto, with the prior written authorization of the Mayor
and Council, the Construction Official shall be empowered to institute
suit to effect its removal, all at the expense of the owner of the
sign. Nothing herein shall restrict the power of the Construction
Official or municipal officials to effect such emergency measures
as may be reasonably required to protect the public safety.
e.
Any sign found posted, placed or otherwise affixed upon any Borough
property contrary to the provisions of this chapter may be removed
by the Borough. The person responsible for any such illegal posting
shall be liable for the cost incurred in the removal thereof, and
the entity which removed the sign or signs is authorized to effect
the collection of said cost incurred by the Borough.
f.
Noncompliance with any of the provisions or requirements of this chapter shall constitute a violation thereof, and any person who so violates this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 and not more than the maximum penalty specified in Section 1-5 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 10-12 § 1]
a.
If any section, paragraph, subsection, clause or provision of this
chapter shall be adjudged by the Courts to be invalid, such adjudication
shall apply only to this subsection, clause or provision so adjudged
and the remainder of this chapter shall be deemed valid and effective.
b.
For each and every sign that is allowed under this chapter, either
with or without the issuance of a permit, and further provided that
this chapter is complied with in all other respects, any noncommercial
content may be substituted for any other non-commercial content that
would be otherwise permissible on any sign.
c.
Any legally existing signs not in compliance with this chapter on
the effective date hereof, shall not be required to be brought into
compliance with this chapter, provided the owner of the sign is able
to demonstrate that the sign was erected legally. All other signs
not in compliance with this chapter on the effective date hereof,
shall be removed or brought into compliance within 120 days thereafter,
unless during said period the owner of such sign shall have obtained
a variance or waiver for such noncompliance.
