[Ord. No. 2014-37; Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 2001-4, § I]
The following uses of buildings or of land shall not be located
anywhere in the borough:
(a)
Junk yards and automobile wrecking yards.
(b)
Auto body and paint shops, radiator repair, tire retreading
and automobile laundries.
(c)
Bus terminals.
(d)
Manufacture of monuments.
(e)
The storage, parking or use of a trailer by any person; except that trailers used for construction purposes, including related offices and storage and for theatrical, musical, or dance events or similar cultural events open to the public, may be permitted by the development enforcement officer, but only for the duration of a specified project or event. A zoning permit for such activities must be obtained from the development enforcement officer pursuant to Borough Ordinance Section B17A-214.
(f)
Drilling for natural gas, using the drilling technique of hydraulic
fracturing and exploring for natural gas beyond the reconnaissance
phase.
No land or building in any district shall be used or occupied
in any manner so as to create any dangerous, injurious, noxious or
otherwise objectionable fire, explosive, or other hazards; noise or
vibration; smoke, dust, odor or other form of air pollution; heat,
cold or dampness; electromagnetic or other disturbance; glare; liquid
or solid refuse or waste; or other substance, condition or element
in such manner or in such amount as to adversely affect the reasonable
use of the surrounding area of adjoining premises.
(g)
The operation of any and all classes of cannabis establishments
or cannabis distributors or cannabis delivery services as said terms
are defined in section 3 of P.L. 2021, c. 16 (N.J.S.A. 24:61-33),
but not the delivery of cannabis items and related supplies within
Princeton by a cannabis delivery service located outside of Princeton.
[Added 8-9-2021 by Ord. No. 2021-23]
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 6; Ord. No. 82-30, § 4]
(a)
The provisions of this section shall apply to all principal
uses, secondary residence uses and accessory uses or activities permitted
within R1, R2, R3 and R4 districts or located within 200 feet of the
boundary line of any such R1, R2, R3 or R4 district, and to all nonconforming
uses so located.
(b)
Any outdoor lighting shall be adequately shielded and directed
away from the adjoining properties.
(c)
No public address system or loudspeaker devices shall emit noises
which can be heard beyond the property lines.
(d)
The permanent illumination of all or any part of a building,
such as a facade, gable, roof, side wall or corner shall not be permitted,
except as allowed by the board of adjustment as a decision upon a
special question.
[Ord. No. 97-25, § I; Ord. No. 2009-01, § III]
(a)
Purpose. Regulation of outdoor lighting including recreational
and sports facility lighting is necessary to prevent the cause of
unnecessary sky glow, to prevent light trespass and to reduce unnecessary
glare caused by inappropriate or misaligned light fixtures and/or
the inappropriate location of light poles. These standards are intended
to promote energy efficiency, preserve and protect adjacent residential
neighborhoods from unnecessary lighting impacts and discourage overlighting
consistent with public safety.
(b)
AUTOMATIC TIMING DEVICE
FOOT-CANDLE
GLARE
ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IESNA)
LIGHT TRESPASS
MOTION SENSOR DEVICE
OBJECTIONABLE DIRECT LIGHT EMISSIONS
OUTDOOR LIGHT FIXTURE
SHIELDED LIGHT FIXTURE
Definitions.
A switching device, a part of which is a clock, set to the
prevailing time (Eastern Standard Time or Daylight Saving Time), that
will control the period of illuminating outdoor light fixtures and
outdoor signs.
The measurement of light on a surface of one square foot
in area on which there is uniformly distributed a light flux of one
lumen.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort, or loss in visual performance
and visibility.
An organization that establishes standards for the lighting
industry.
Any form of artificial illumination emanating from a light
fixture or illuminated sign on a property that penetrates across the
property line or lines into another property.
A device that will sense motion electronically and switch
on security lighting during the activity and for a brief duration
thereafter.
Direct light emissions visible above a height of five feet
at the subject property line. A bulb, a reflective device, a refractive
lens device, a globe, or diffuse panels, shall be considered a direct
light emission source.
An electrically powered illuminating device containing a
total light source of more than 1,800 initial lumens per fixture (this
is greater than a single 100 watt incandescent, or 275 watt reflectorized
incandescent bulbs), which is permanently installed outdoors, including
but not limited to, devices used to illuminate any site, architectural
structure, or sign.
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 90° for street
lighting and 80° for all other lighting, through the light fixture's
lowest light emitting part. Any structural part of the light fixture
providing this cutoff angle must be permanently affixed.
(c)
Standards. All outdoor light fixtures installed and thereafter
maintained, other than those serving one- and two-family dwellings,
shall comply with the following requirements:
(1)
Only shielded light fixtures shall be used. Any fixture mounted
above 10 feet shall have no more than 10% of its light distribution
at a vertical angle of 80° above nadir and 2.5% at an angle of
90° above nadir.
(2)
Where used for commercial, educational, or institutional purposes
or for sports or recreational facilities, all light fixtures shall
be equipped with automatic timing devices set to be turned off during
nonoperating hours or when not necessary for safety and security purposes.
(3)
Light fixtures used to illuminate flags, statues or other objects
mounted on a pole, pedestal or platform shall use a narrow column
beam of light that will not extend beyond the maximum extension of
the illuminated object.
(4)
Other upward directed architectural, landscape or decorative
direct light emissions shall have at least 90% of their total distribution
pattern within the profile of the illuminated structure.
(5)
Lighting for freestanding signs shall use shielded light fixtures
or other device(s) to shield the light source.
(6)
All outdoor lighting shall be metal halide, incandescent, light
emitting diode (LED), induction or compact florescence unless otherwise
approved by the board of jurisdiction.
(7)
When not necessary for safety and security purposes all outdoor
lighting during nonoperating hours of the business or use, shall be
turned off by 11:00 p.m. or limited to parking areas essential for
night use. The use of lights activated by motion-sensor devices is
permissible in all parking lots or walking paths.
(8)
All lighting shall be designed to prevent misdirected or excessive
artificial light and to be energy efficient.
(9)
All light fixtures shall be designed, installed and maintained
to prevent light trespass.
(10)
Illumination levels shall not exceed those recommended
in the IESNA Lighting Handbook, 8th Edition, and IESNA publication
RP 6-88, Sports Lighting.
(11)
Except for lights located along public or private
streets, the maximum height of freestanding lights shall not exceed
the height of the principal building, or 14 feet, whichever is less
in residential zones, historic districts or properties adjacent to
residential zones or uses. In nonresidential zones where the light
will not be seen from a residential use a height of up to 20 feet
is permitted for freestanding lights.
(12)
The style of the light and light standards (poles)
shall be consistent with the architectural style of the principal
building or surrounding area. Nonresidential uses constructed in residential
areas shall maintain a residential character in the type and style
of lighting installed. In historic districts the style of the light
and light standards shall comply with the district requirements.
(13)
Floodlight-type fixtures attached to buildings
shall be prohibited unless other lighting is not suitable for its
intended use.
(14)
Freestanding lights shall be so located and protected
to avoid being damaged by vehicles.
(15)
All wiring shall be underground.
(16)
Where allowed to be used for sports or recreational
facilities, all lighting fixtures shall comply with the following:
a.
For field sports such as football, soccer, baseball and track
and field, a maximum pole height of 40 feet, but a higher pole height
may be approved by a waiver granted by the board of jurisdiction upon
a showing of necessity, together with restrictions on use which limit
the adverse impacts on surrounding properties.
b.
The minimum distance of the pole to any property line shall
be twice the height of the pole. For example, a forty-foot pole must
be a minimum of 80 feet from any property line.
c.
Light trespass shall not be more than one-tenth foot-candle
at any adjacent residential property line measured at grade.
d.
A berm, landscape buffer, where feasible, shall be required
to screen the source of light and the lit object from any adjacent
residences.
e.
When not in use or not later than 10:30 p.m., all lighting shall
be turned off unless specifically permitted by the board of jurisdiction.
(d)
Illuminance Requirements.
(1)
Street lighting. Average maintained illuminances shall not exceed
IESNA recommendations listed below and be consistent with safety standards.
IESNA average to minimum illuminance uniformity ratios are to be used
as a guide for designing safe and adequate roadway lighting. Lighting
fixtures shall be chosen to blend into the existing character of the
area.
|
Average Maintained Illuminance
| |
|---|---|
|
Arterial roadway nonresidential area
|
1.2 to 1.7 foot-candles
|
|
Arterial roadway residential area
|
0.6 to 0.9 foot-candles
|
|
Collector roadway nonresidential area
|
1.2 to 0.8 foot-candles
|
|
Collector roadway residential area
|
0.6 to 0.4 foot-candles
|
|
Local roadway nonresidential area
|
0.9 to 0.6 foot-candles
|
|
Local roadway residential area
|
0.4 to 0.3 foot-candles
|
(2)
Open parking facilities. Lighting fixture shall be chosen to
blend into the existing character of the area. Illuminance requirements
shall be determined by the location, type of uses, safety and activity
levels indicated below. Average illuminance shall not be exceeded.
Minimum illuminance shall not be less.
a.
Some examples of levels of activity may include:
|
High activity area:
|
|
Regional shopping centers containing retail spaces of 200,000
square feet or greater;
|
|
Low activity area:
|
|
Neighborhood shopping area near residential neighborhoods
|
|
School parking lot Church or place of worship parking
|
b.
Maintained horizontal illuminance for open parking facilities
based on level of activity:
|
Level of Activity
|
General Parking and Pedestrian Traffic Foot-candles*
(minimum on pavement)
|
Vehicle Use Area Only Foot-candles**
(average on pavement)
|
|---|---|---|
|
High
|
0.5
|
1.0
|
|
Medium
|
0.3
|
0.5
|
|
Low
|
0.2
|
0.5
|
|
* General parking and pedestrian area is defined as one where
pedestrian conflicts with vehicles are likely to occur
|
|
** A vehicle use area only is defined as one where conflicts
with pedestrians are not likely to occur (service areas or access
roads)
|
(3)
Covered parking facilities. Covered parking facilities require
lighting both day and night subject to the standards set forth in
subsection (c)(7) above. The standards for roof area lighting of parking
garages shall be similar to open parking facilities. Listed below
are the recommended maintained horizontal illuminance for covered
parking facilities.
|
Areas
|
Day Time Foot-Candles
(average on pavement)*
|
Night Time Foot-Candles
(average on pavement)
|
|---|---|---|
|
General parking and pedestrian areas
|
5.0
|
5.0
|
|
Ramps and corners
|
10.0
|
5.0
|
|
Entrance areas
|
50.0
|
5.0
|
|
* Sum of electric lighting and daylight.
|
(e)
Light trespass. All light fixtures, except street lighting and
those used on one or two family dwellings, shall be designed, installed,
and maintained to prevent light trespass, as specified below.
(1)
At the property line of subject property, illumination from
light fixtures shall not exceed one-tenth foot-candles on residentially
used property or five-tenths foot-candles on nonresidential used property,
in a vertical plane.
(2)
Outdoor light fixtures properly installed and thereafter maintained
shall be directed so that there will be no objectionable direct light
emissions.
(3)
Where a nonresidential use abuts a residential use, the side(s)
of the nonresidential building which fronts a residential use must
demonstrate that there is adequate screening to buffer the buildings
interior lights from the residential use or provide interior light
opaque window shading.
(4)
Interior lights in nonresidential buildings not necessary for
safety or security purposes shall be turned off after normal business
hours.
(f)
Site plan applications and major subdivision applications. Plans
for all lighting other than street lighting shall be submitted in
accordance with the following:
(1)
Description of outdoor lighting fixtures including component
specifications such as lamps, reflectors, optics, angle of cutoff,
supports, poles, color of lighting and include manufacturers' catalog
cuts.
(2)
Location and description of every outdoor light fixture and
hours of operation.
(3)
Maintained horizontal illuminance shown as foot-candles (after
depreciation).
|
Maximum
|
|
Minimum
|
|
Average, during operating and non-operating hours
|
|
Maximum to minimum ratio
|
|
Average to minimum ratio
|
(4)
Computer generated photometric grid showing foot-candle readings
every 10 feet, and the average foot-candles. Small areas may require
the average to be computed from positions no greater than five feet
apart.
(5)
Foundation details for light poles.
(6)
When using IES recommendations, submit supporting documentation.
(g)
Applicability of lighting standards. The requirements of this
section shall apply to any development application approved after
the effective date of this section.
(1)
If the development application is for a developed site and:
a.
If the existing parking area is being expanded to accommodate
30% or more of the existing number of spaces (but at least five or
more spaces); or
b.
If the square footage of the structure is to be expanded by
30% or more (but at least 1,000 square feet); or
c.
If more than 40% of the structure or parking area (but at least
1,000 square feet of new structure or five parking spaces) is being
substantially renovated, then the new requirements shall apply both
to the new and to the existing development on the site.
(2)
If the development is less than the above, but involves an expansion
or renovation project meeting at least 50% of any of the above standards,
then the applicant may be required to upgrade its site by expending
50% of the cost of full compliance to be allocated to such elements
of the lighting as the board of jurisdiction shall determine.
(3)
The provisions of section B17A-365 shall continue to apply to all uses which exist as of the date of this new section B17A-365.1 and which are not affected by subsequently filed development applications.
[Ord. No. 77-1, § 2; Ord. No. 81-43, § 2; Ord. No. 82-30, § 4; Ord. No. 93-24, § 1; Ord. No. 2012-12 § 9]
All uses shall be carried on in buildings fully enclosed on
all sides, with the following exceptions:
(a)
Parking lots.
(b)
Gasoline sales.
(c)
Incidental sales of newspapers, books, magazines, fruits, vegetables,
and flowers provided that such merchandise shall not exceed a total
length of 30 feet along the principal frontage or facade of the area
occupied by the business, and shall be placed so that a minimum of
five feet of an unobstructed sidewalk shall be maintained.
(d)
Outdoor service of diners seated at tables placed on a porch,
sidewalk or yard, accessory to a permitted eating place.
(e)
(Reserved)
(f)
Telephone booths.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 93-24, § I; amended 12-13-2021 by Ord. No.
2021-37]
The following accessory signs are permitted in all districts
in the municipality:
(a)
A non-illuminated nameplate, with the name of the principal
occupant and the street number and name of a private dwelling or both,
with an area of not more than 144 square inches.
(b)
A sign, illuminated or not, for a church, educational institution
or public or quasi-public building or use, with an area of not more
than 16 square feet.
(c)
The following nonilluminated temporary signs:
(1)
A single sign pertaining to the lease or sale of the premises
upon which it is placed, with an area of not more than eight square
feet; provided, that such sign shall be removed within seven days
after the consummation of a lease or sale of the premises.
(2)
Signs for a building, premises or part thereof, under construction
or renovation, with the street number of a building and the name of
the architect, engineer, landscaper, the general contractor and subcontractors,
and the project title during construction on the premises. Such signs
shall be located at the principal entrance and within the street line
and lot lines of the premises and shall be removed within seven days
after the completion of the construction work. The total area of all
such signs on a lot shall not exceed eight square feet.
(3)
Class reunion signs or banners of a college or university.
(4)
Signs announcing or advertising any political, educational,
religious or like campaign, drive or event; provided that the total
area of all such signs on a lot shall not exceed eight square feet.
(d)
A sign, illuminated or not, that delineates the historic significance
of the property at which the sign is located.
[Added 12-13-2021 by Ord.
No. 2021-37]
(1)
As used in this subsection, "historic significance" shall mean
that the property (including any structure located on that property)
contains one or more features or objects relevant to American history,
architecture, archaeology, culture, or engineering, that possess integrity
of design, setting, materials, workmanship, and association, and that
also:
a.
Are associated with events that have made a significant contribution
to the broad patterns of our past;
b.
Are associated with the lives of persons significant in our
past;
c.
Embody the distinctive characteristics of a type, period, or
method of construction or that represent the work of a master or that
possess high artistic values or that represent a significant and distinguishable
entity whose components may lack individual distinction; or
d.
Have yielded or may be likely to yield information important
in prehistory or history.
(2)
The following shall apply to historic signs under this subsection:
a.
Signs shall be limited to providing information about the historic
significance of the property.
b.
Signs shall not exceed a total area of four feet in size.
c.
Signs may be free-standing or flush-mounted on building facade.
d.
Free standing signs are limited to a maximum height of four
feet and shall be setback at least two feet from any property line.
(3)
A zoning permit shall be secured from the development enforcement officer in accordance with Section B17A-214 prior to the placement of any sign permitted under the provisions of this Subsection B17A-367(d). The following shall accompany the request for zoning permit:
a.
A scaled drawing or survey of the proposed location of the sign
and its location relative to the facade. Said drawing or survey shall
also demonstrate that pedestrian traffic along any sidewalk or right
of way upon which the sign is to be located will in no way be impeded.
In the event that the development enforcement officer finds that the
placement of a free standing sign may impede pedestrian traffic, then
the applicant shall move the proposed location of the sign to ensure
that pedestrian traffic is not impeded in any way;
b.
A colored rendering of each side of the proposed sign, including
its dimensions;
c.
Photographs of the property and structure(s);
d.
Documentation that demonstrates the historic significance of
the property, as defined above.
|
Prior to approving the zoning permit, the development enforcement
officer shall forward the application to HPC for its review and approval.
The HPC shall review the documentation from the applicant to verify
the historic significance of the property. The applicant shall bear
the burden of demonstrating historic significance.
|
[Ord. No. 77-1, § 2; Ord. No. 82-30 § 4; Ord. No. 83-25, § 3; Ord. No. 83-38, § 3; Ord. No. 92-26, § I; Ord. No. 92-31, § 1; Ord. No. 93-24, § I; Ord. No. 2015-36; amended 2-24-2020 by Ord. No. 2020-5]
The following main business signs, projecting signs, signs on
windows, doors and awnings, directory signs, special signs, paper
signs, and parking rate signs are permitted accessory to each business
building in RO, RB, NB, CB and SB districts:
(a)
Main Business Signs.
(1)
Each business use located at the street level may have one business
sign. Such sign may be either a facade sign or a free-standing sign.
a.
A facade sign shall be located on the wall surface of the principal
frontage or facade of the area occupied by such business and extending
not more than four inches from such wall. Such business use, if located
on a corner lot, may have a second sign located on the wall facing
the other street. The total area of such sign (or signs) shall not
exceed 20 square feet and shall in no event exceed 10% of the front
wall surface, including window and door area, attributable to such
business. If such signs are illuminated, the area shall not exceed
10 square feet and shall in no event exceed 5% of the total area of
the front wall attributable to such business.
b.
Free-standing signs shall be located between the principal structure and the street and may be located in the front yard setback. The business use, if located on a corner lot, may have a second sign located between the second side of the building facing a street and the street. The total area of the sign (or signs) shall not exceed 10 square feet and a height of four feet from grade. If the sign (or signs) has two sides, the total of both sides shall not exceed 10 square feet. If the sign (or signs) is illuminated, the area shall not exceed five square feet, including all sides. The sign or signs may include information about uses in addition to the main business use, but if information is provided about business uses located in the rear or the upper floors, then the freestanding sign shall be in lieu of the eight square foot sign permitted by section B17A-368 (a)(4), but in such case, the two square foot sign permitted by section B17A-368 (a)(4) shall still be allowed.
(2)
Each business located at the basement level of any building
may have one main business sign, located on the wall surface of the
principal frontage or facade of the area occupied by such business,
and extending not more than four inches from such wall. The total
area of such sign shall not exceed 10 square feet and shall in no
event exceed 5% of the total inside front wall area attributable to
such business. If such sign is illuminated, the total area shall not
exceed five square feet and shall in no event exceed 2 1/2% of
the total inside front wall attributable to such business.
(3)
A sign on a marquee or canopy shall be considered part of a
main business sign and shall be counted in determining the maximum
aggregate area permitted on the front wall of the building attributable
to such use.
(4)
Business uses located in the rear or on the upper floors may
have one non-illuminated business sign to be shared by all such uses
on the premises. It shall be located on a wall surface immediately
adjacent to the main entrance to such uses and may extend not more
than four inches from such wall. The total area of such sign shall
not exceed eight square feet. It may not include more than one set
of graphics for each use, such as an identification sign and inclusion
of the use in a directory sign. Such uses may, in addition, have one
painted sign, to be shared by all such uses, on the glass of a glass
or partially glass door serving as the main entrance to such uses.
The total area of such painted sign shall not exceed two square feet.
(5)
In addition to the main business signs and awning signs permitted
herein, business uses located on the ground floor of a building shall
be allowed one projecting sign (a sign attached to and projecting
from the wall of a building and not in the same plane as the wall)
on each facade containing a public entrance to the use, subject to
the requirements set forth herein below.
a.
The projecting sign may be two-sided, but the sign area shall
not exceed eight square feet per sign face or 16 square feet in total.
b.
The sign shall be located at least seven feet above grade and
below the third-floor plate or roof, whichever is lower. The height
of a projecting sign shall not exceed the roofline or wall to which
it is attached. All signs shall comply with ADA and other construction
and safety codes. A projecting sign shall be mounted in a manner that
prevents damage or its unintended removal during high winds.
c.
Projecting signs shall not extend more than four feet from the
building facade and must project from the wall at an angle of ninety
degrees..
d.
No sign may extend into the public right-of-way unless the owner
of said sign has entered into an encroachment agreement or license
agreement with the municipality.
f.
Rear or backyard businesses that do not have direct street frontage
are permitted to have a projecting sign on the closest street frontage
of a building located on the same property.
g.
The sign shall be located a minimum of three feet from the side
lot lines and/or tenant space demising wall.
h.
Projecting signs shall be a minimum of 10 feet apart from other
projecting signs or awnings.
i.
Projecting signs may not contain any advertising for products.
The signs may only identify the business or service located on the
property.
j.
Projecting signs may be illuminated in compliance with the requirements
of section 17-371.
k.
A projecting sign shall be fabricated from wood, fabric, metal,
or man-made material made to look like wood, fabric or metal. Designers
are encouraged to use symbols, images and other graphic elements in
lieu of lettering to convey the type of establishment using the sign,
and to be creative with respect with the form and variety of projecting
signs.
l.
A zoning permit shall be secured from the development enforcement officer in accordance with section B17A-214 prior to the placement of any projecting sign. Pursuant to the requirements of the Municipal Land Use Law set forth at N.J.S.A. 40:55D-18, and any other provisions of Princeton's land use regulations to the contrary notwithstanding, the development enforcement officer shall approve a request for a zoning permit for a conforming projecting sign within 10 business days of the receipt thereof, or shall deny the request if the sign does not conform to the requirements of this section.
m.
Projecting signs in historic districts or historic buffer districts
shall not be subject to review by the Historic Preservation Commission
or the Historic Preservation Officer.
(b)
Signs on windows, doors, and awnings. Each business located
at the street level may have the following signs, for the name, street,
number or type of business or any combination thereof:
(1)
Two signs, with a total area not to exceed six square feet,
painted on the windows or doors, or both, but with not more than one
such sign on any window or door; except that an establishment serving
food may post its menu and hours of service on the first floor facade
in reasonable proximity to the front entry. Such menu sign may be
no more than six square feet and may be in addition to the two signs
permitted herein.
(2)
One sign on the valance of an awning, the total area of which
sign shall not exceed eight square feet.
(c)
Directory Signs.
(1)
Each business use located in the rear or on the upper floors
may have one non-illuminated sign, with an area not exceeding 72 inches,
at a side or rear entrance serving such business.
(2)
One additional directory sign for any business building, other
than a gasoline service station; provided, that such business building
is set back more than 20 feet beyond the front yard of such premises
and may be illuminated, set at right angles to the street and lettered
on both sides. Each side of such sign may have the names of all principal
tenants of the building. The area of such sign devoted to each tenants
of the building. The area of such sign devoted to each tenant shall
not exceed 72 square inches, and the total area of such sign shall
not exceed eight square feet.
(d)
Special Signs.
(1)
Special signs serving the public convenience, such as "Notary
Public," "Public Telephones," "Public Rest Rooms" or words or directions
of similar import. The area of such sign shall not exceed 72 square
inches. Only one sign of each type shall be displayed.
(2)
One temporary free-standing advertisement or menu sign may be
displayed during hours of business operation for each business located
at the street level and basement level, subject to the following restrictions:
a.
Maximum dimensions. The height of the sign shall not exceed
four feet and the width of the sign shall not exceed three feet. The
sign may be single- or double-sided. The total square footage of each
side of the sign shall not exceed 12 feet.
b.
Proximity to business facade. The sign shall be located no more
than four feet from the business facade it advertises.
c.
Sidewalk placement. The sign shall be located to ensure that
there shall be a minimum of six feet of unobstructed sidewalk along
Nassau Street and a minimum of four feet of unobstructed sidewalk
along all other streets.
d.
Safety and stability. The sign shall be kept orderly, safe and
upright at all times it is displayed, including during inclement weather,
and shall not create a danger or hazard (including tripping hazard)
to pedestrians using the sidewalk. At the end of each business day,
the sign shall be removed from the sidewalk.
e.
Miscellaneous. The sign shall not be illuminated.
(3)
In lieu of the temporary free-standing advertisement or menu sign permitted in subsection B17A-368(d)(2) immediately above, three or more businesses otherwise permitted to display a sign in accordance with subsection B17A-368(d)(2) may display one multi-business free-standing advertisement or menu sign representing those businesses, subject to the following restrictions:
a.
Maximum dimensions. The height of the sign shall not exceed
five feet and the width of the sign shall not exceed three feet. The
sign may be single- or double-sided. The total square footage of each
side of the sign shall not exceed 15 feet.
b.
Proximity to business facade. The sign shall be located no more
than four feet from at least one of the business facades it advertises.
c.
Sidewalk placement. The sign shall be located to ensure that
there shall be a minimum of six feet of unobstructed sidewalk along
Nassau Street and a minimum of four feet of unobstructed sidewalk
along all other streets.
d.
Safety and stability. The sign shall be kept orderly, safe and
upright at all times it is displayed, including during inclement weather,
and shall not create a danger or hazard (including tripping hazard)
to pedestrians using the sidewalk. At the end of each business day,
the sign shall be removed from the sidewalk.
e.
Miscellaneous. The sign shall not be illuminated.
f.
One sign per business. Any business advertised by a sign permitted in this subsection B17A-368(d)(3) shall not be permitted to have a sign under subsection B17A-368(d)(2) above.
(4)
A zoning permit shall be secured from the development enforcement officer in accordance with section B17A-214 prior to the placement of any sign under the provisions of subsections B17A-368(d)(2) and above. The following shall accompany the request for zoning permit:
1.
A scaled drawing or survey of the proposed location of the sign
and its location relative to the business facade. Said drawing or
survey shall also demonstrate that pedestrian traffic along the sidewalk
upon which the sign is be located will in no way be impeded, and that
there shall be a minimum of six feet of unobstructed sidewalk on Nassau
Street and a minimum of four feet on other streets; and
2.
A colored rendering of each side of the proposed sign, including
its dimensions.
(e)
Temporary paper signs. Temporary signs made out of paper or
similar material and containing extraordinary information pertaining
to matters of limited duration, such as sales, product promotion,
community, cultural, or other public events, and employment opportunities.
Such signs shall not have an area exceeding 10% of the total square
footage of the glass frontage of the establishment and shall be displayed
no more than 14 consecutive days.
(f)
Parking rate sign. Operators of parking garages and open lots
shall post a sign setting forth all pertinent rate information. Such
information shall be readily visible to potential patrons before they
pull into the entryway. Such rate sign may be no more than 10 square
feet and may be in addition to such other signage as is permitted
herein.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; amended 2-24-2020 by Ord. No. 2020-5]
The following types of signs or artificial lighting are prohibited:
(a)
Billboards.
(b)
Flashing signs or moving signs, including any sign or device
or which the artificial light is not maintained stationary and constant
in intensity and color at all times when in use.
(c)
Neon signs.
(d)
Signs which compete for attention with, or may be mistaken for,
a traffic signal.
(e)
Electronic
variable message signs.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
Except as otherwise provided in this chapter, no sign shall
project into a required yard or beyond the lot or street line.
No sign shall be placed, inscribed or supported upon the roof,
or upon any structure which extends above the roof, of any building,
except such directional devices as may be required by federal or state
aeronautical authorities.
No sign shall be so placed as to interfere with the opening
of an exit door or to obstruct any window opening of a room which
is used for dwelling purposes.
No part of any business sign shall project above the top or
beyond the ends of the wall surface upon which it is placed.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; amended 2-24-2020 by Ord. No. 2020-5]
Permitted lighting for illuminated signs shall be limited to
that concentrated upon the face of the sign. If any such sign is situated
within 20 feet of a street, the direct source of light shall not be
visible from the street or any neighboring lots or uses. Illumination
shall be arranged so that no substantial light or glare is directed
or reflected on to adjacent streets or properties and the source of
the illumination is not visibly noticeable from adjacent properties.
Lighting may include cove, gooseneck, halo or building mounted fixtures.
Back-lit “sign box” signs are not permitted. Illumination
should be accomplished through external lighting trained on the face
or faces of the sign. Neon-lighted or neon-colored signage is prohibited
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
"Area" shall mean the maximum projected area of the oblong,
parallelogram or other shape which encloses the sign structure, device
or representation. For a free standing or projecting sign, all sides
which are used as a sign shall be included in the computation of the
area of the sign.
