[HISTORY: Adopted by the Mayor and Council
of the Borough of Brooklawn 6-13-55. Sections 121-3, 121-4, 121-5
and 121-11 amended at time of adoption of Code; See Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable. Amended
in entirety 6-23-1998 by Ord. No. 6-98]
GENERAL REFERENCES
Zoning — See Ch. 150.
As used in this chapter, unless otherwise required
by the context, the following terms shall have the following meanings:
A sign structure which directs attention to a business, commodity,
service, activity, or entertainment conducted, sold, or offered upon
the premises where such sign is located.
A sign that is mounted or painted or affixed to a canopy.
A temporary moving sign composed of light weight material
either enclosed or not enclosed in a rigid form secured or mounted
so as to allow movement of the sign caused by movement in the atmosphere.
A sign that is mounted or painted or affixed to the exterior
of a building.
A sign which directs attention to a business or profession
or to a commodity, service or entertainment sold or offered upon the
premises where such sign is located.
A roof-like cover, open to the elements on all four sides,
which is used to protect outdoor equipment.
Electronic signage providing digital displays utilizing LED,
LCD or projection technologies to display digital images, video, weather
data or text.
[Added 8-19-2019 by Ord. No. 8-2019]
A sign which gives directions to a business or service activity
which is not located upon the premises where such sign is erected.
With regard to electronic message centers and digital signs,
a dissolve transition is a gradual transition from one image to another
on the sign face.
[Added 8-19-2019 by Ord. No. 8-2019]
A sign capable of displaying words, symbols, figures or images
that can be electronically changed by remote or automatic means.
[Added 8-19-2019 by Ord. No. 8-2019]
The portion of a building exterior extended from grade to
top of the parapet wall or eaves and the entire width of the building
elevation.
Any illuminated sign on which such illumination is not kept
stationary or constant in intensity and color at all times when such
sign is in use.
A measurement of light intensity of a one-square-foot surface
from a uniform light source.
[Added 8-19-2019 by Ord. No. 8-2019]
A pole or pylon sign erected without any attachment to a
building or structure.
A sign having no space between the message board and the
ground support. The support structure shall have a solid appearance
and be constructed of concrete, block or brick. Grade-level signs
are also known as "monument sign." A grade-level sign shall be permitted
in the B Commercial, C Light Industrial and D Shopping Center Districts
and shall be located on the property in accordance with the standards
indicated in those districts. All grade-level signs shall have a maximum
permitted height of 10 feet. A grade-level sign may be externally
illuminated with ground-mounted lighting that will illuminate the
sign face only.
[Added 8-19-2019 by Ord. No. 8-2019]
Any sign which has characters, figures, designs, or outlines
illuminated by electric lights or luminous tubes as a part of the
sign.
A group of industrial, warehouse, and/or office buildings
that form a central campus or area that is constructed and managed
as one entity.
Liquid crystal display.
[Added 8-19-2019 by Ord. No. 8-2019]
Light-emitting diode.
[Added 8-19-2019 by Ord. No. 8-2019]
A unit of measure of luminance equal to one candela per square
meter.
[Added 8-19-2019 by Ord. No. 8-2019]
A business sign or billboard advertising a product or service
not sold or available on the property on which it is situated.
Includes corporations, companies, associations, societies,
firms, and partnerships as well as individuals.
Shall have the same meaning as such terms have under the
Zoning Ordinance of the Borough of Brooklawn, as amended and supplemented.
A sign, any part of which rotates or revolves on its axis
by mechanical means.
The exterior covering on the top of a building.
A group of stores that form a central retail area that is
constructed and managed as one entity.
A name, identification, description, display, illustration,
or device which is affixed to or represented directly or indirectly
upon a building, structure, or land in view of the general public
and which directs attention to a product, place, activity, person,
institution, or business.
The entire area within a single continuous perimeter enclosing
the extreme limits of the actual sign surface. It does not include
any structural elements outside the limits of such sign and not forming
an integral part of the display. Only one side of a double-face sign
structure shall be used in computing total surface area.
A sign that is affixed to the interior or exterior of a window
or located so that it can be seen from the exterior of the building
through the window.
A business sign to be used for a limited period of time and
posted upon the exterior or interior of a display window or main entrance
door, or a sign pertaining to the lease or sale of the real estate
on which said sign is situated.
An open space that lies between the principal building and
the nearest lot line.
A yard across the full width of the lot, extending from the
front line of the building to the front line of lot, except as otherwise
provided herein. A comer lot is a lot containing frontage on two adjacent
streets and shall be considered as having two front yards.
A yard across the full width of the lot, extending from the
rear line of the building to the rear line of the lot. Only one rear
yard for a comer lot shall be provided and determined by the applicant.
A yard between the side line of the building and the adjacent
sideline of the lot, extending from the front yard to the rear yard.
If there is no front yard, the “side yard” shall be considered
as extending to the front line of the lot, and if there is no rear
yard, the “side yard” shall be considered as extending
to the rear line of the lot. Only one side yard for a comer lot shall
be provided and determined by the applicant.
[Amended 8-19-2019 by Ord. No. 8-2019]
A.
No sign
shall hereafter be erected, constructed, reconstructed, altered, repaired,
or relocated within the Borough except as provided in this chapter
and until a permit for the same has been issued by the Borough Clerk
following approval by the Zoning Officer of an application for such
permit and the payment to the Borough Clerk of an application fee
of $25. Illuminated signs shall require an electrical permit from
the Construction Code Official, as required by the current edition
of the International Property Maintenance Code (IPMC) permit requirements.
[Amended 9-19-2022 by Ord. No. 10-2022]
B.
All sign
permit applications shall include elevation views and color renderings
of the proposed signage. The sign area, mounting height and method
of illumination must be included in the submission. The submission
shall also include a scaled drawing of the sign location based on
a current survey of the property that will document the location of
the proposed sign in relation to the property lines, rights-of-way
and structures that may exist or which are proposed for construction
on the property.
C.
With regard
to EMC or digital signs, the application must also include information
regarding the type of display that is intended; including proposed
images, symbols or messages, the duration of the display and the illumination
values for day and night operation.
No application for a permit to construct, alter,
repair, or relocate a sign within the Borough shall be approved for
the following:
A.
No sign shall obstruct any window, door, fire escape,
stairway, or opening intended to provide light, air, ingress or egress
for any building or structure.
B.
No sign shall resemble any official marker erected
by a governmental unit or display such words as ” stop”
or” danger” .
C.
No signs shall be externally illuminated and shall not give off intermittent
or rotating beams, strobe lights, or shine upon any part of a residence
and or commercial building. This section shall not apply to externally
illuminated signage for grade-level signs only.
[Amended 3-20-2017 by Ord. No. 5-17; 7-10-2017 by Ord. No. 14-17; 8-19-2019 by Ord. No. 8-2019]
(1)
In Block 101, Lots 2, 3, 5, and 6, of the Brooklawn Redevelopment
Area only, no signs shall give off intermittent or rotating beams,
strobe lights, or shine upon any part of a residence and or commercial
building.
D.
If a sign in direct line of vision of any traffic
signal, from any point in the traffic lane from a position opposite
or near sidewalk line to a position one-hundred-fifty-foot before
said sidewalk line, shall not have red, green, or amber illumination.
E.
No sign other than traffic or official signs shall
be erected within or project over the right-of-way of any public street
or sidewalk, or encroach upon the clear passage of pedestrians or
bicyclists on sidewalks or paths. The edge of any sign or supporting
column shall be located a minimum distance of three feet from the
edge of any sidewalk or path. In circumstances where freestanding
signs will be constructed in or project over areas that may be used
by pedestrians, such as parking lots, the minimum height of any sign
shall be seven feet above grade.
[Amended 8-19-2019 by Ord. No. 8-2019]
F.
No sign shall be erected that is a mobile sign, rotating
sign, bench sign, vehicle sign, animated sign, or signs that emit
smoke and/or noise. No moving signs shall be permitted that are displayed
for attention getting purposes such as banners, pennants, and/or streamers,
except where the Zoning Officer shall grant temporary approval.
G.
No sign shall be attached to a utility pole, electric
light pole, or on any natural elements, such as trees and rocks.
H.
Off-site advertising signs.
I.
“A” frame signs, except for those that
are stored inside a building each night.
J.
Changeable copy signs, except for those permanent
signs advertising special events and programs for schools, churches,
theatres, taverns, and bowling centers and prices for gas stations
and fruit stands.
K.
Political signs, except those attached to buildings
or displayed in windows and doors.
L.
No roof signs shall be permitted and no sign shall
project above the main cornice of the building to which the sign is
affixed.
M.
Vehicles displaying the advertisement of a store or
stores shall not be visible from the street.
[Amended 3-20-2017 by Ord. No. 5-17; 7-10-2017 by Ord. No. 14-17]
A.
That said sign will be of substantial, workmanlike design and construction
and securely anchored in position.
B.
That the written permission of the owner of the property on which
the sign is to be or has been erected has been filed with the Borough
Clerk.
C.
Area of signs.
(1)
Signs in A Residential Districts. In residential districts, no signs
shall be permitted except the following:
(a)
One nameplate not more than two square feet in area bearing
the name and profession or home occupation of a person residing on
the premises.
(b)
One temporary sign not exceeding six square feet in area pertaining
to the lease or sale of the lot or building on which it is placed.
(c)
A sign or bulletin board not exceeding 12 square feet in area
erected upon the premises of a church or other nonprofit institution
for the purpose of displaying the name and activities thereof or the
services therein provided. Any sign or nameplate permitted by this
subsection shall be at least 15 feet back from the curbline or five
feet back from the street line if there is no curb. The maximum height
of any sign shall be eight feet.
(2)
Signs in B Commercial Districts. In commercial districts, no signs
shall be permitted except the following:
(a)
Signs permitted in the A Residential Districts.
(b)
A commercial establishment may have one sign located on or attached
to the principal facade of said commercial building on each street
frontage. The sign shall not project more than six inches beyond the
building line. The sign shall not exceed either 15% of the principal
facade area, including window and door area on which or in front of
which they are displayed, or 40 square feet, whichever is smaller.
[1]
In Block 101, Lots 2, 3, 5, and 6 of the Brooklawn Redevelopment
Area only, a commercial establishment may have one sign located on
or attached to the principal facade of said commercial building on
each street frontage. If a building entrance does not face the site
frontage, a sign may be attached to the facade above the entrance,
provided that the total number of wall signs does not exceed the total
number of street frontages. The sign shall not project more than six
inches beyond the building line. The sign shall not exceed either
20% of the principal facade area, including window and door area on
which or in front of which they are displayed, or 80 square feet,
whichever is smaller.
(c)
One freestanding sign may be installed for each street frontage
with a maximum of two signs that contains direct vehicular access
from that street. The sign shall be no larger than one square foot
of sign per two linear front footage of building with a maximum of
50 square feet. The sign shall not exceed a height of 25 feet nor
be lower than a height of six feet from grade level. A freestanding
business sign shall be located in the front yard and shall not be
closer to the side yard lot lines than the required side yard.
[1]
In Block 101, Lots 2, 3, 5, and 6 of the Brooklawn Redevelopment
Area only, one freestanding sign may be installed for each street
frontage with a maximum of two signs that contains direct vehicular
access from that street. The sign shall be no larger than one square
foot of sign per two linear feet of lot frontage with a maximum of
100 square feet. The sign shall not exceed a height of 25 feet. A
freestanding business sign shall be located in the front yard and
shall not be closer to the side yard lot lines than the required side
yard.
(d)
The area on one side of a directional sign shall not exceed
32 square feet. Directional signs shall not contain advertising and
may be installed only on the lot to which it relates. The maximum
height of the bottom of a directional sign shall be three feet. The
number of directional signs shall not exceed the number of approved
entrances and exits.
[1]
In Block 101, Lots 2, 3, 5, and 6 of the Brooklawn Redevelopment
Area only, the area on one side of a directional sign shall not exceed
32 square feet. Directional signs shall not contain advertising, aside
from a commercial logo or advertising symbol, and may be installed
only on the lot to which it relates. The maximum height of the bottom
of a directional sign shall be three feet. The number of directional
signs shall not exceed the number of approved entrances and exits.
(e)
Awning signs. Awning signs shall not be used in conjunction
with wall signs. The area of the awning sign shall not exceed 20%
of the entire portion of the building covered by the awning in its
extended position and shall not be larger than the area permitted
for a wall sign.
(f)
Canopy sign. Canopy signs are permitted only in conjunction
with gasoline stations where the canopy is used to provide cover for
outdoor equipment. No more than one canopy sign shall occur in any
yard area. The area of the sign shall not exceed 50% of the canopy
face or 50 square feet, whichever is less.
[1]
In Block 101, Lots 2, 3, 5, and 6 of the Brooklawn Redevelopment
Area only, canopy signs are permitted only in conjunction with gasoline
stations where the canopy is used to provide cover for outdoor equipment.
A maximum of two canopy signs shall be permitted. The canopy signs
shall be no wider than the width of the canopy, have a maximum area
of 50 square feet, and be located on, under, or on the side of the
canopy. Additionally, commercial logos and/or advertising symbols
shall be permitted on the fuel pumps.
(g)
Window sign. The total area of window signs for any single enterprise
shall not exceed 25% of the window area.
(3)
Signs in D Shopping Center and C Light Industrial Districts. In these
districts, no signs shall be permitted except for the following:
(a)
Any sign permitted in the A Residential and B Commercial districts.
(b)
A shopping center or industrial park may erect one freestanding
sign for the purpose of identifying the site as a shopping center
or other commercial or professional use. Such a sign shall be no larger
than 100 square feet. The sign shall not exceed a height of 25 feet
nor be lower than eight feet from grade level. The freestanding sign
shall be located in the front yard and shall not be closer to the
side yard lot lines than the required side yard.
(c)
An individual commercial or industrial establishment located
on an individual parcel may erect one freestanding sign for the purpose
of identifying the site as a shopping center or other commercial or
professional use. Such a sign shall be no larger than 100 square feet.
The sign shall not exceed a height of 25 feet. The freestanding sign
shall be located in the front yard and shall not be closer to the
side yard lot lines than the required side yard.
(4)
Signs in E Park/Playground Districts. In park/playground districts,
no signs shall be permitted except those approved by the Zoning Board
of Appeals.
(5)
Temporary signs. Temporary signs shall not be considered in computing
allowable sign areas, provided that temporary signs shall not exceed
12 square feet. Signs should be removed within 30 days or, for construction
signs, after the completion of all work on the property. No more than
one sign shall be erected on each street that the property fronts.
(6)
Real estate signs. One real estate sign shall be permitted per lot
and shall be removed immediately upon the completion of the signing
of an agreement of sale or rental. The maximum dimensions of a real
estate sign shall be six square feet. The height of the sign above
the ground shall not exceed five feet. The sign shall not be illuminated.
(7)
Illuminated signs. In Block 101, Lots 2, 3, 5, and 6 of the Brooklawn
Redevelopment Area only, wall signs, freestanding signs, instructional
signs, awning signs and canopy signs may be internally or externally
illuminated. LED lighting may be permitted for fuel pricing.
D.
Electronic message center signs (EMC) and digital signs.
[Added 8-19-2019 by Ord.
No. 8-2019]
(1)
Electronic message center signs (EMC) and digital signs shall be a permitted type of sign only in the zoning districts enumerated in § 121-4D(2) below and only if compliant with the specific performance standards noted in § 121-4D(3)(a) through (g) below. All other sign area and height standards found at § 121-4C shall remain applicable for the construction of EMCs and digital signs.
(2)
EMCs and digital signs shall be permitted only in the following Borough
zoning districts:
(a)
B Commercial (excepting all properties having frontage on New
Broadway north of its intersection with the Brooklawn N.J.S.H. Route
130 traffic circle).
(b)
C Light Industrial (excepting all properties having frontage
on New Broadway north of its intersection with the Brooklawn N.J.S.H.
Route 130 traffic circle).
(c)
D Shopping Center. In areas where existing residential homes
are located within any of the above nonresidential districts, the
installation of an EMC or digital sign in that district shall in no
way impact those residential homes by casting illumination upon the
home in excess of the ambient light levels existing at the time a
sign is proposed. It shall be the applicant's responsibility to provide
the necessary data with the sign permit application to document that
there will be no negative impact to residential structures.
(3)
EMCs and digital signs shall conform to the following standards of
operation:
(a)
The display of images, symbols and messages by an electronic
message center shall not incorporate movement of any kind.
(b)
There shall be no intermittent flashing associated with the
images that are being displayed on the sign face. All text associated
with any message shall remain static during the duration of its display.
Text shall not move or scroll while displayed.
(c)
All images, symbols and messages displayed on the sign's face
shall change from one image to the next by a dissolve transition method,
not an abrupt change between images.
(d)
The minimum length of time for the display of an image or message
on an EMC or digital sign shall be 10 seconds.
(e)
The images or symbols displayed on any EMC or digital sign face
shall in no way simulate or display standard traffic signage, including,
but not limited to, images of stop signs, directional arrows, warning
signs or traffic signals. No display on any EMC or digital sign shall
simulate the colors or flashing of emergency vehicle lights.
(f)
The hours of operation of an EMC or digital sign shall be limited
to one hour before the opening time for the business and 1/2 hour
after the closing time of the business.
(g)
The brightness of all EMC and digital signs shall be adjusted
for daytime and nighttime operation automatically by means of a built-in
light sensor. These signs may still also require further manual adjustment
to comply with the limitations outlined below.
(4)
In no case shall an EMC or digital sign produce illumination in excess
of 0.3 footcandles above the ambient light level where the sign is
located. The illumination value shall be measured in footcandles.
The distance in feet at which the measurement shall be taken shall
be determined by calculating the square root of the value obtained
by multiplying the area of the sign in square feet by 100.
(5)
As an alternative method of brightness measurement, the following
maximum luminance levels are established:
(a)
Daytime luminance of the sign shall be limited to 5,000 nits
between sunrise and sunset and shall be limited to 250 nits during
nighttime hours in brightly lit areas and 125 nits in low ambient
light locations.
(b)
If an EMC or digital sign is added to an existing static sign,
the maximum illumination levels shall be the sum of the illumination
values generated by the existing sign plus the illumination values
for the EMC or digital sign that is being proposed.
(6)
Site-specific adjustment of sign brightness may be required based
upon the location of the proposed sign and its proximity to other
ambient light sources. Once installation of an EMC or digital sign
is completed and within 30 days of completion, the owner shall provide
a certification from a qualified individual of the actual luminance
measured in footcandles for the actual sign operation as well as the
exiting ambient light level of the sign location with the sign turned
off.
(7)
In the event of a failure to function properly, all EMC or digital
signs shall be programmed with a default setting that will either
shut the sign completely off or freeze the display on one static image,
symbol or message.
Immediately upon issuing a permit under this
chapter, the Borough Clerk shall notify the Construction Code Official
of such issuance, and it shall be the duty of the Construction Code
Official to determine, upon completion of the work authorized by said
permit, whether the terms thereof and the terms of this chapter have
been observed.
Upon a finding that a violation exists, the
Construction Code Official shall give written notice to the holder
of said permit and the owner of the property in question to correct
such violation or, in lieu thereof, to remove said sign within five
days from the date of service of such notice. Upon a failure of compliance
with such notice, the Construction Code Official shall proceed to
remove the sign in question at the joint or several expense of the
holder of the permit and the owner of the property .
A.
Every sign within the Borough, together with its supports,
braces, guys, and anchors, shall be kept in repair and in a proper
state of preservation. The Construction Code Official may order the
repair or removal of any sign not maintained in accordance with this
section, at the joint, or several expense of the owner of the sign
and the owner of the property, utilizing the procedures outlined in
the preceding section.
B.
Permanent business, building, advertising, and directional
signs shall be kept in good condition and shall be repainted, reconstructed,
repaired, removed or painted out whenever, by wear and tear due to
the action of the elements, vandalism, mischief or defacement, more
than twenty percent (20%) of the surface area of the sign has become
illegible. Should any owner or lessee fail or refuse to repaint or
reconstruct, repair or paint out such signs within 30 days after receiving
notice from the governing body, such owner or lessee shall have no
right to paint, construct, post or in any other manner make any new
signs without first securing a permit for same as a non business sign.
A permit shall not be required for the following types of signs, which shall be subject, however, to the provisions of § 121-5:
A.
Temporary signs conforming to the requirements of
the particular district as to location, size and type.
B.
Signs erected or maintained prior to the effective
date of this chapter which do not conform to the terms of this chapter
and fall within the category of a nonconforming use or structure may
be continued, without enlargement or extension, for such period of
time as may be allowed by law or ordinance pertaining to zoning.
C.
Traffic signs, signs necessary to public safety or
welfare, signs posted or erected by public authority and legal advertisements
required by law to be posted or displayed.
D.
Historical markers, official signs, political signs,
temporary yard or garage sale signs, temporary real estate signs,
and signs of contractors, mechanics, and painters.
E.
Signs prohibiting or otherwise controlling trespassing,
swimming, fishing, and/or hunting shall be limited to one sign for
each fifty (50) feet of street frontage and limited to one square
foot per sign.
Each sign for which a permit is issued shall
have displayed at the upper portion of said sign, in legible numerals
two inches high, the number of such permit. The construction and erection
of all signs and the issuance of permits therefore shall be under
and subject to the provisions of the Building Code of the Borough
of Brooklawn as amended and supplemented, but this chapter shall supersede
said Building Code with respect to areas wherein signs are erected
or to be erected, their location, size, type, illumination, and all
characteristics thereof which shall relate to the subject of zoning.
No person shall nail, tack, paste, or in any
manner attach or cause to be attached any sign, notice, advertisement,
or any poster to a telephone pole or electric light pole, or to any
tree along the street or sidewalk, or to any vacant building, wall
or fence, without the written permission of the owner of such utility
pole, tree, building, wall or fence, and then only upon issuance of
a permit by the Borough Clerk following approval by the Board of Adjustment
of an application for such permit, but no such permit shall be issued
to any person not a bona fide educational, veteran, religious, political,
charitable, or civic organization not operated for profit or a public
utility.
These regulations shall be in all respects subject
to such powers as may be exercised by the Board of Adjustment by law
and the Zoning Ordinance in respect to the granting of variances or
exceptions.
Every person owning or maintaining an advertising
structure shall take away and remove all old posters and other debris
and shall not permit the debris to remain on the street or upon the
lot.
A.
Every permit and license number issued under this
Article shall be revocable any time on written notice given by the
Construction Code Official.
B.
Every sign on such revocation shall be removed within
three days of written notice to the person who has erected the sign
or who is maintaining the site.
C.
Licenses issued under this article shall not be transferable.
D.
In case of failure to do so, the Zoning Officer shall
remove the sign at any time after the three day period has expired,
at the expense of the person who erected or who is then maintaining
such sign, device and/or structure.
E.
Any sign that has been abandoned due to abandonment
of the property or use in question, shall be removed. The Zoning Officer
shall have the authority to order the sign be removed upon notice.
For each and every violation of the provisions
contained in this chapter, the person or persons, firm or corporation
so violating the same shall, for each and every violation, be subject
to a fine not exceeding $1,000 or a jail term not exceeding 90 days,
or both. Each day that the violation continues may be construed as
a separate and specific violation of this chapter .
