It shall be unlawful for any person to erect or relocate any sign, as defined by this chapter, within the Borough of Hawthorne without first obtaining a sign erection permit from the Zoning Administrator. The Zoning Administrator shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises are located unless otherwise ordered to do so pursuant to a sign exception granted under this chapter.
In all residential zones, the following signs shall be permitted:
A. 
On premises used for residential purposes, a sign or signs identifying the residence, the resident or residents or the street address or any combination thereof, and no such sign shall have an area of more than two square feet, nor shall the aggregate square footage of such signs, if there are more than one, exceed three square feet in area, except that a garden apartment complex may have signs with an aggregate square footage of 12 square feet.
B. 
On premises used for residential purposes which contain an office as permitted by this chapter, in addition to the sign permitted by Subsection A above, a professional announcement sign, the dimensions of which shall not exceed six square feet.
C. 
On premises used for a permitted institutional use, a sign referring to the use and to the activities carried on upon said premises, which sign shall not exceed 30 square feet in area, whether affixed to a structure or freestanding.
D. 
In any zone district permitting multifamily development, a monument sign shall be permitted subject to the review and approval by the reviewing Board subject to the following standards:
(1) 
No such sign shall exceed a maximum sign area of 30 square feet nor exceed a maximum height of eight feet.
(2) 
The base for any proposed monument sign shall be appropriately landscaped.
(3) 
Monument signs may be internally or externally illuminated.
In business zones only, the other following signs shall be permitted:
A. 
A sign or signs referring to or advertising the premises upon which it is located or displayed or to the identity of the occupant thereof or to a service rendered thereon or therein or to a product or item available therein or to a permitted trade, business or profession carried on thereon or therein; one such sign may be erected on any entrance wall and one on any wall facing on a street and one on any wall facing an off-street parking area and one on any wall facing a railroad track, and shall be erected parallel to the face of such wall, not extending more than 12 inches therefrom, the bottom of which shall be at least seven feet above the level of the sidewalk and shall be rigidly and securely attached thereto. The area of each sign shall not exceed two square feet for each foot of wall width, the maximum height of such sign shall not exceed two feet, and the maximum width shall not exceed 90% of the width of the storefront or wall of that portion of the premises occupied by the occupant erecting the sign and upon which it is attached. In determining maximum width, the maximum width of the storefront or main entrance wall of the premises or the width of the wall upon which any such sign shall be erected, whichever is less, shall govern. Where there shall be more than one occupant of any building, the total area of all signs of all occupants, taken in the aggregate, shall not exceed the maximum requirements above set forth for each wall upon which any sign is permitted to be erected.
B. 
In the case of premises, the use of which involves no structure or on which the structure is set back at least 30 feet from the front curbline, a freestanding sign of an area not in excess of 30 square feet may be erected for the purposes set forth in Subsection A above; provided, however, that the top of such sign shall not be more than 15 feet above the level of the ground.
C. 
In addition to any sign or signs permitted under Subsections A and B above, a sign or signs limited to those purposes set forth in Subsection A and to show or evidence membership in a retail or professional organization or credit card or credit association or plan, or to show manufacturer or legally required licenses, attached to or painted on a store window or windows on the exterior or interior of any structure, the total area of such sign or signs not to exceed 20% of the window space.
D. 
Temporary signs placed within the sidewalk (sidewalk signs) shall be permitted subject to zoning permit approval by the Zoning Officer and shall comply with the following standards:
(1) 
No sign shall exceed an area of two feet by three feet.
(2) 
Sidewalk signs shall be displayed during normal business hours only. Overnight display is prohibited.
(3) 
Only one such sign shall be permitted per business.
(4) 
Sidewalk signs shall be placed within the frontage occupied by the business advertised.
(5) 
Any sign permitted within the sidewalk area shall not pose an obstruction to pedestrian traffic.
E. 
Nonconforming signs. Any nonconforming permanent sign which can be shown to have lawfully existed on the date of enactment of this chapter may be continued and may be restored unless the sign has been abandoned.
F. 
Abandoned signs. Signs shall be removed by the owner at the owner's expense within 90 days following written notification by the Zoning Officer for any location where the sign no longer relates to an activity conducted on the site. In the event the sign is not removed within this time period, the Borough may remove the sign at the expense of the property owner, and for this purpose, the Borough shall have a lien in the amount of the removal cost.
Without limiting the generality of the preceding provisions of this article, the following signs are prohibited:
A. 
Billboard signs.
B. 
Any sign which does not advertise a permitted business, use or product sold on the premises, except as may be permitted in § 540-178 above or § 540-187 below.
C. 
Signs using red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light or traffic light.
D. 
Signs that resemble traffic safety signs.
E. 
Signs, including the letters, numbers, and caricatures thereon, that are animated, full video, scrolling, rotating, gyrating, blinking, moving, or appear to move in any fashion.
F. 
Electronic message centers for all or any portion of the sign except for displaying fuel prices at automobile service stations.
G. 
Signs attached to the exterior glass of a building.
H. 
Roof signs and signs extending above the wall to which they are attached.
I. 
Signs posted on fences, posts, utility poles or trees.
J. 
Signs posted on Borough property except where specifically authorized by the Borough.
K. 
Signs installed or painted on sidewalks or curbs.
L. 
Signs on abutments, retaining walls and embankments.
M. 
Signs painted directly on buildings or which obstruct any windows.
N. 
Signs on accessory buildings.
O. 
Signs which constitute a hazard to the traveling public by obstructing driving vision, regulatory or directional signs or signals.
P. 
Pole or pylon signs.
Q. 
Automobile, trailer (attached or unattached) or vehicle of any nature bearing signs or advertisements, parked or left stationary for eight or more continuous hours.
R. 
Rotating signs, live action signs, and flashing, computer generator signage, variable message or scrolling signage, sings utilizing television monitors, and intermittent illuminated signs are prohibited.
S. 
All illuminated signs shall be either indirectly lighted or of the diffused lighting type, unless illuminated by an interior source. No sign shall be lighted by using unshielded incandescent bulbs, lasers, neon or gas discharge tubes, mirrors reflecting a direct light source or similar devices. Buildings, windows or structures may not be outlined by tubing or strings of lights except for seasonal lighting which may remain on a building but shall not be illuminated post season.
T. 
No strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether as a part of any sign or not, shall be allowed within any zone district, except temporary signs/banners located on commercial properties shall be permitted by zoning permit only after the required application has been submitted to and approved by the Zoning Officer.
Temporary signs/banners shall conform to the following requirements:
(1) 
The sign shall be clearly marked with the name of the person or organization responsible for the sign.
(2) 
The sign may be displayed for a period not to exceed 30 days.
(3) 
The sign shall not be illuminated, affixed by tacking, pasting or otherwise mounting upon utility poles, light stands or trees.
(4) 
The sign shall not exceed the sign area of 15 square feet and no more than two such signs shall be permitted at any time on any property except in the case of multiple tenancies within a business development, upon which each tenant may have only one sign. Each tenant is required to apply separately.
(5) 
No sign shall be placed within a public right-of-way. Any sign that is placed within the public right-of-way shall be subject to removal by the Borough.
(6) 
Banners shall not exceed a total sign area of 32 square feet.
(7) 
There shall be no more than two such sign permits issued in any calendar year.
Awnings shall be permitted by zoning permit only after the required application has been submitted to and approved by the Zoning Officer. Awnings shall conform to the following requirements:
A. 
Awnings shall be designed to project over individual window and door openings and not project as a single continuous feature extending over architectural piers or arches.
B. 
The lowest point of any awning shall be a minimum of eight feet above the sidewalk or ground over which it projects.
C. 
Awnings should have a pedestrian scale and be placed so as to provide weather protection and/or business identification to potential patrons of a business.
D. 
Awnings should be an enhancement to the building facade and should be proportional with and complementary to nearby buildings and awnings.
E. 
Awnings should be mounted in locations that respect the design of the building and do not obscure ornamental features over storefronts (i.e. rooflines, arches, materials, banding).
F. 
Awnings are discouraged in locations which already have a covered walkway (i.e., arcade or promenade).
G. 
In multitenant shopping centers, awnings should be coordinated to complement the overall architecture of the center.
H. 
Text and graphics shall comprise no more than 20% of the total exterior surface of the awning face and valance.
I. 
The percentage of text and graphics on an awning shall also count toward the overall tenant space's square footage allowance for signs.
J. 
Valances shall be no more than 10 inches in height.
K. 
Text and graphics on a valance shall be no larger than eight inches. There shall remain one inch of negative space on the top and bottom of a valance.
L. 
Awning materials with reflective or shiny finishes are prohibited.
M. 
Valance size should be proportional to the size of the awning.
N. 
Awning colors should enhance and complement the building and adjacent awnings, rather than overwhelm the building scheme. Colors should not call more attention to the awning than the building.
O. 
Awnings are preferred to be a solid color. If stripes are used, subtle or muted colors are preferred. Striped awnings with highly contrasting, bright colors may be construed as visually blaring and inappropriate and are prohibited.
P. 
If wrapped awnings (with closed ends) are used, the ends should use solid colors.
Q. 
Awnings shall not be duplicative of wall signs in the same line of sight.
R. 
Fonts and sizes of text and graphics should be chosen for legibility.
The provisions and regulations of this chapter shall not apply to the following signs; provided, however, that said signs shall remain subject to the provisions of § 540-176.
A. 
Professional nameplates affixed to the door or adjacent wall of premises so used, not to exceed three inches by 20 inches per professional occupant.
B. 
A memorial sign or tablet or a sign indicating the name of a building or the date of its erection when cut into a masonry surface or when constructed of bronze or other noncombustible material.
C. 
The following signs, customary and necessary to the operation of filling and service stations:
(1) 
Lettering on buildings displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing" or words of similar import, provided that there shall be not more than one such sign over each entrance and that the letters shall not exceed 10 inches in height.
(2) 
Lettering or other insignia which are a structural part of a gasoline pump, consisting of a brand name, lead warning sign and other signs as required by law.
(3) 
A credit card sign not exceeding two square feet in area affixed to the building or permanent sign structure of the sign next referred to.
(4) 
One sign bearing the brand or trade name of the station, of a design specified by the manufacturer, permanently affixed to the building or its own metal substructure, said sign not to exceed 30 square feet in area on each side or 60 square feet in aggregate area if both sides shall have signs thereon, which sign, if on its own metal substructure, shall be rigidly and securely attached to the ground surface so as to create no danger to life or limb and which sign, whether affixed to a building or on its own substructure, shall not exceed 18 feet in height overall; provided, however, that no such sign shall be so affixed or erected until permission in writing therefor shall have been issued by the Building Inspector.
(5) 
A sign attached to each gas pump with the price of the product, as required by law.
D. 
Signs for public convenience and welfare erected by or on behalf of the United States of America, the State of New Jersey, the County of Passaic and the Borough of Hawthorne, traffic controls in private ways and parking lots, legal notices, railroad crossing signs or other signs required by law and such temporary signs for public and charitable purposes as may be approved by the Zoning Officer for a period not to exceed 30 days.
E. 
Signs customary and necessary in the offering of real estate for sale or to let by the owner thereof in residential zones, not to exceed four square feet in area.
F. 
Signs customary and necessary in the offering of real estate for sale or to let by the owner thereof, and his real estate agent or broker, in nonresidential zones, not to exceed 16 square feet in area.
G. 
Signs customarily used to indicate that real estate offered for sale or to let has been sold or leased by the real estate agent or broker concerned, in residential zones, not to exceed four square feet in area and not to be maintained more than two weeks after the initial erection thereof.
H. 
Signs customarily used to indicate that real estate offered for sale or to let has been sold or leased by the real estate agent or broker concerned, in nonresidential zones, not to exceed 16 square feet in area and not to be maintained more than two weeks after the initial erection thereof.
I. 
Signs customary and necessary in the offering of a newly constructed building for sale or to let by the owner thereof, and his real estate agent or broker, in residential zones, not to exceed three square feet in area; and such signs by such persons in nonresidential zones, not to exceed 16 square feet in area.
J. 
Temporary signs customary and necessary in connection with the erection of buildings or other construction work shall be limited to one sign for each construction project and shall include only the identification of the project, the building, architects, engineers and contractors including landscape and tree removal companies. Such sign may be freestanding or attached to the premises but shall not exceed eight square feet in area and shall be removed at the completion of construction.
K. 
The interior contents of lawfully permitted signs specifically designed to be changed from time to time, such as church announcement boards, theater marquees, restaurant menus and the like.
L. 
Temporary signs for public, political and charitable purposes, including exterior decorating for holiday or patriotic purposes.
Any sign permitted by the provisions of this chapter or allowed pursuant to a sign exception granted under this chapter may be nonilluminated or nonflashing illuminated. Illuminated signs shall have sources of illumination shielded in such a manner that the same are not visible from the street or adjoining property. An illuminated sign in the interior of a building shall, if visible from any street or adjacent properties, meet all the requirements of this chapter, and the area thereof shall not, either by itself or cumulatively with any other exterior or interior illuminated sign or signs hereby permitted, exceed the total area permitted for exterior signs as regulated in this chapter.
Any person desiring and intending to erect or relocate any sign within the Borough of Hawthorne shall first apply for and obtain a sign erection permit from the Zoning Officer, in the manner following:
A. 
Application for a sign erection permit shall be made upon forms provided by the Zoning Officer, in triplicate, and shall contain or have attached the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The location of premises on which or to which the sign is proposed to be erected or attached.
(3) 
The position of the sign, indicating its relation to the premises and adjoining premises.
(4) 
Blueprints or ink drawings of the plans and specifications and method of erection and attachment to the premises, or a photograph of the actual sign in lieu thereof, and such information as the Zoning Administrator may reasonably require indicating the work to be performed and to show full compliance with this and all other relevant and applicable laws and ordinances of the Borough of Hawthorne.
(5) 
The name of the person performing the work.
(6) 
The written consent of the owner and lessor of the premises.
(7) 
The electrical permit, if any, required by the Electrical Subcode of the Borough of Hawthorne.
B. 
Each application for each sign shall be accompanied by a filing fee as provided in Chapter 220, Fees.
C. 
It shall be the duty of the Zoning Administrator, upon the filing of an application for a sign erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed sign is in compliance with all the requirements of this chapter and all other laws and ordinances of the Borough of Hawthorne, he shall then issue a sign erection permit therefor. If the work authorized under an erection permit has not been completed within six months after date of issuance of the sign erection permit therefor, said permit shall become null and void.
If the Zoning Administrator shall find that any sign is unsafe or insecure or is a menace to the public, he shall give written notice thereof to the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. If such owner, agent or person shall fail to remove or alter the sign so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the Zoning Administrator at the expense of the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. The Zoning Administrator may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
Any person who has been denied a sign erection permit by the Zoning Officer for any reason may apply for a sign exception to the Board of Adjustment of the Borough of Hawthorne in the manner following:
A. 
Written notice of appeal must be filed with the Zoning Officer as well as the Secretary of the Board of Adjustment within 45 days of the denial by the Zoning Officer.
B. 
The procedure applicable to variance application shall govern thereafter, including the payment of the fee required by ordinance.
C. 
If, after public hearing, upon considering the evidence and testimony, the Board of Adjustment shall conclude that the requested sign may be erected without impairing the intent and purpose of the zone plan of the Borough of Hawthorne and without substantial detriment to the public good, welfare and safety or impairing the intent and purpose of this chapter, and, if the Board of Adjustment shall further find that there are cogent and special reasons justifying the erection of the particular sign, the Board of Adjustment may grant a sign exemption to this chapter, authorizing and instructing the Zoning Officer to issue the sign erection permit applied for, subject, however, to conformity with this chapter in all other respects and with all other applicable and relevant state laws and ordinances, rules and regulations of the Borough of Hawthorne.
A zoning variance granted pursuant to New Jersey Statute, N.J.S.A. 40:55D-70, which varies a use allowed in a particular zone district for particular premises, shall be deemed to vary the provisions of this article in the same respect for the same premises.
Any sign existing at the time of the passage of this chapter which does not conform to any provisions hereof shall be deemed a nonconforming use and may be continued, maintained and repaired upon its present premises; provided, however, that such sign was lawful under any prior ordinance. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and there is issued by the Building Inspector a sign erection permit therefor.
This article shall be administered and enforced by the Zoning Officer.
A. 
If any person shall have been convicted of a violation of this chapter and the sign or signs shall continue as violations despite said conviction, then, upon the expiration of the time for appeal as provided by law, if no appeal has been taken, or upon conviction by the County Court if an appeal has been taken, the Zoning Officer may serve an additional 10 days' notice upon the person so convicted to require him to remove the sign or signs in violation, and if said sign or signs shall not have been so removed upon the expiration of said ten-day period, the Zoning Officer shall have the power to remove the sign or signs or cause the same to be removed without further notice but at the sole expense of the owner of the premises.
B. 
It shall be unlawful for any person to intentionally erect, locate, relocate or maintain any sign which falsely identifies the premises or occupant of any premises or building, or which falsely advertises for sale on any premises or in any building any product no longer available.