[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
To implement
and enforce the sign regulations set forth below.
b.
To encourage signage compatible with the building character and integrated
with the building's architectural design and others on and in the
vicinity of the building.
c.
To promote creativity in signage design, develop a distinctive image,
and utilize high-quality materials and craftsmanship.
d.
To encourage efficient use of signage in order to avoid visual clutter.
e.
To protect the public health, safety and welfare by promoting signage
that effectively identifies establishments and is readily visible
and identifiable to both pedestrians and motorists.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This article covers construction, erection and maintenance requirements for signs and outdoor display structures with respect to safety, size, attachment or anchorage, geographical location, height, age, projection and other regulations. Deviation from Article 4I shall constitute as a "c" variance.
[Ord. No. O-25-2018, 7-12-2018; amended 3-8-2022 by Ord. No. O-5-2022; 8-8-2023 by Ord. No. O-11-2023]
Signs shall be limited to those which direct attention exclusively
to a permitted business or lawfully existing/duly approved business,
event, activity or tenant on the premises. No sign shall be permitted
which advertises off-site businesses, products, or events.
[Ord. No. O-25-2018, 7-12-2018; amended 3-8-2022 by Ord. No. O-5-2022; 8-8-2023 by Ord. No. O-11-2023]
[Ord. No. O-25-2018, 7-12-2018; amended 3-8-2022 by Ord. No. O-5-2022; 8-8-2023 by Ord. No. O-11-2023]
a.
Multiple businesses. Properties containing multiple businesses may
have one sign per ground floor business. A ground floor business having
a second facade fronting on a public street may have one additional
sign per street frontage. Total maximum signage area shall be no more
than 40 square feet per street frontage. Signage associated with permitted
lobbies providing access to upper story uses shall only indicate the
street address of the property rather than the name of the upper-story
business(es).
b.
Standard business signs, such as credit card signs, trading stamp
signs, public convenience signs such as "Notary Public," and "Public
Restroom," or words or directions of similar import shall not count
toward the maximum number and area for signage, provided that each
such sign does not exceed 72 square inches in total area, and only
one sign of each type described above is displayed.
c.
Signs required by law to be exhibited by the occupant of the premises
shall not count toward the number and area of signage, provided that
the same do not exceed six square feet in total area.
d.
A freestanding sign identifying a public or private parking lot for
each entrance to the parking lot premises shall not count towards
maximum number and area of signage, provided that signs shall not
exceed 10 square feet in area or 10 feet in height.
e.
Two business signs painted on the windows and/or doors of each business
bearing the name, street number, and/or type of business of the principal
occupant, provided that there shall be no more than one such sign
on each window or door and the total area of all such signs shall
not exceed 10 square feet.
f.
Credit card signs and trading stamp signs may be displayed on windows,
provided that the total area of all such signs shall not exceed three
square feet in area.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The following table presents the types of signs permitted in each
district, and applies to all overlays within each district identified
below. All other signs, unless explicitly permitted elsewhere are
prohibited.
|
Sign Type
|
Zoning District
| |||||||
|---|---|---|---|---|---|---|---|---|
|
R
|
MF-1
|
MF-2
|
MF-3
|
MX-1
|
MX-2
|
TC
|
H
| |
|
Ground sign
|
NP
|
NP
|
C
|
C
|
C
|
C
|
NP
|
P
|
|
Wall sign
|
NP
|
NP
|
P
|
C
|
P
|
P
|
P
|
P
|
|
Window sign
|
NP
|
NP
|
NP
|
NP
|
P
|
P
|
P
|
P
|
|
Awning sign
|
NP
|
NP
|
NP
|
NP
|
P
|
P
|
P
|
P
|
|
Projecting sign
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
|
Pylon sign
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
|
Roof sign
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
|
Residential signs
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
NP
|
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
b.
Wall signs.
1.
Supports and attachments. Wall signs attached to exterior walls of
solid masonry or concrete shall be safely and securely attached to
the same by means of metal anchors, bolts or expansion screws of 3/8
inch or more in diameter, which shall be embedded at least four inches.
No wooden blocks or anchorage with wood used in connection with screws
or nails shall be considered proper anchorage, except in the case
of wall signs attached to buildings with walls of wood. No wall sign
shall be entirely supported by an unbraced parapet wall.
2.
Placement. Wall signs shall be placed in the solid wall spaces between
the heads and sills of windows on two consecutive building stories,
and may not exceed in height more than two-thirds of the distance
between the window head and the sill of the window above, or major
architectural details related thereto. Wall signs shall not project
above the top of any window sill or cover any part of a window opening,
and shall not cover or interrupt major architectural features, such
as friezes, string courses or other decorative facade details. Wall
signs shall be placed on the first story or street level of each building,
with the exception of signs which identify the name of the building
or which identify the occupancy of a single-occupant building.
3.
Projection. No wall sign shall project higher than the highest point
of the facade of the building upon which it is to be erected. It shall
not project more than eight inches from the facade of the building.
c.
Window signs.
1.
Obstruction. No window signage may obstruct clear visibility of more
than 25% of the window area.
d.
Awning signs.
1.
Translucency. No backlit translucent awning is permitted, except
that where an awning contains lettering, the letters themselves may
be translucent, provided that the remainder of the awning material
is opaque and incapable of transmitting any light during nighttime
hours.
e.
Projecting signs.
1.
Materials. All projecting signs shall be made of material with at
least a one-hour fire-resistance rating.
2.
Supports and attachments.
(a)
Projecting signs shall be securely attached to a building or
structure by metal bolts, anchors, supports, chains, wire ropes or
steel rods. No staples or nails shall be used to secure any projecting
sign to any building or structure.
(b)
The dead load of projecting signs not parallel to the building
or structure, and the load due to wind pressure, shall be supported
by structural shapes, chains, wire ropes or steel guy rods. When chains,
wire ropes or steel guy rods are used, such supports shall be erected
and maintained preferably at any angle of 45° or more to the horizontal
to resist the dead load, and at an angle of 45° or more to the
face of the sign in an approximately horizontal plane to resist wind
pressure. The lateral supports shall be secured to a bolt or expansion
screw capable of developing the strength of the supporting chain,
wire rope or steel rod. The expansive device and details of the anchorage
shall be subject to the approval of the Construction Official. Turnbuckles
or other approved means of adjustment shall be placed in all chains,
wire ropes or steel rods supporting or bracing projecting signs.
(c)
Chains, wire ropes or steel rods used to support the dead or
wind load of projecting signs may be fastened to solid masonry walls
with expansion bolts or other devices approved by the Construction
Official, but no such support shall be attached to an unbraced parapet
wall. Where the supports must be fastened to walls made of wood, the
supporting device must be fastened securely in a manner approved by
the Construction Official.
(d)
All chains, wire ropes and their attachments shall be galvanized
or of corrosive-resistant material. Other metal supports and braces
shall be painted.
3.
Projection and height. A projecting sign shall not project beyond
the building line more than four feet, and in no case shall a projecting
sign project beyond any property line into public rights-of-way. The
bottom of the sign shall be at least eight feet clear above the walk
or ground.
f.
Residential signs.
1.
The following signs are permitted in a residential district.
(c)
One nameplate sign for each family housed in a residence, not
to exceed one square foot in area per sign.
(d)
An announcement sign not exceeding one square foot in area indicating
the practice permitted an occupant on the premises, and the name of
the practitioner.
(e)
Signs erected upon the premises of houses of worship and charitable
and nonprofit organizations which shall not exceed 12 square feet
in area.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
b.
Hours of illumination.
1.
Illuminated signs shall be turned off at 11:00 p.m. or at the close
of business hours, whichever is later.
c.
General standards.
1.
For internally illuminated signs, the source of illumination itself
must not be visible.
2.
The light from any illuminated sign shall be so shaded, shielded
or directed that the light intensity or brightness will not be objectionable
to surrounding areas.
3.
Neither direct nor reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public thoroughfares.
4.
No bulb or lamp on the exterior surface of any sign shall be exposed
to any public street or adjacent property.
5.
No floodlight or flexible gooseneck fixture used with any sign shall
be positioned in such a manner as to shine onto an adjoining property
or into the eyes of a passing pedestrian or motorist.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability: signs designating property for sale or lease.
b.
Generally. No real estate sign shall be located on any property (including but not limited to any public sidewalk, street corner, right-of-way or public park) except for the property which is being advertised for sale or lease. No sign shall be erected until the proper permit is obtained as provided under Subsection 30-434.8 of this chapter and the fee paid as required under the Morristown Fee Ordinance.
c.
Permitted number. No more than one sign per street frontage is allowed.
d.
Permitted size. Real estate signs shall not exceed five square feet
in R, MF-1, MF-2 and MF-3 Districts, and in all other districts shall
not exceed 20 square feet.
e.
Placement. Signs shall be placed at least eight feet from an adjacent
property line.
f.
Removal. Signs shall be promptly removed upon the sale of the property.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Permit filing deadline: 30 days prior to the date any sign or banner
is to be hung.
b.
Any applicant seeking to hang a banner across South Street shall
be responsible for erecting and removing the banner without the assistance
of the Town of Morristown. Prior to erecting such a banner, the applicant
must obtain a permit approved by the Director of Public Works or his
designee, and a permit from the New Jersey Department of Transportation.
c.
No more than one banner may be hung on South Street at any time.
e.
The permit application filed with the Town of Morristown Department
of Public Works to hang a banner across South Street shall contain
the following:
1.
An indemnification agreement holding the Town of Morristown, the
State of New Jersey and all of their officers, agents and employees
harmless from any claims arising out of the permit.
2.
A certificate of liability in the amount of $1,000,000 combined single
limit naming the Town of Morristown and the New Jersey Department
of Transportation as additional insureds.
3.
The name of the contractor who will be hanging and removing the banner.
Said contractor shall be experienced in the hanging and the removing
of banners. The contractor shall agree to coordinate the hanging and
removal of the banner with appropriate officials from the Public Works
Department and the Police Bureau.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Permit filing deadline: 30 days prior to the date any sign or banner
is to be hung.
b.
No more than one banner may be hung on the railroad trestles located
on Morris Street and Lafayette Avenue at any time.
d.
Any applicant seeking to hang a banner on the railroad trestles located
on Morris Street and Lafayette Avenue shall be required to:
1.
Obtain a permit from New Jersey Transit.
2.
Obtain such approvals as are necessary from Morris County for use
of the county right-of-way.
3.
Coordinate with the Police Bureau to arrange for a traffic plan and
appropriate safety procedures.
4.
Execute an indemnification agreement, indemnifying and holding harmless
the Town of Morristown, its employees, officers and agents from any
claims of damage to personal property or personal injury arising out
of the hanging, maintaining or removal of the banner.
5.
Provide the Town with a certificate of liability insurance in the
amount of $1,000,000 combined single limit naming the Town of Morristown
and New Jersey Transit as additional insureds.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability. Signs for campaign or money-raising drives for religious
or charitable organizations.
b.
Permitted size: shall not exceed 16 square feet in area.
c.
Permitted number: no more than two temporary outdoor signs shall
be erected by any such organization.
d.
Display period. Signs shall be erected no sooner than two weeks prior
to the publicized event and shall be removed no later than 48 hours
after the event.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability: signs pertaining to the construction, repair or remodeling
of any building.
b.
Permitted location. Signs shall be located at the principal entrance
to the building within the property lines.
c.
Permitted size. Signs shall not exceed 16 square feet in area.
d.
Removal. Signs shall be removed within seven days after the completion
of the construction work.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability: signs announcing any political events or campaigns.
b.
Required location. Signs may be erected in any district, provided
that they do not constitute a safety hazard by blocking sight distance,
pedestrian or vehicular traffic and the like.
c.
Removal. Signs shall be removed within seven days after the completion
of the event or campaign.
d.
Bond required. A refundable bond shall be deposited in conjunction with obtaining a sign permit for a political event sign, to recompense the Town for the cost of removal of these signs if they are not removed within seven days after the completion of the event. The amount of the bond shall be as specified in Subsection 30-821.5, Fees.
[Ord. No. O-25-2018, 7-12-2018; amended 12-18-2018 by Ord. No. O-42-2018; 8-8-2023 by Ord. No. O-11-2023]
a.
Applicability: signs that are two sides, A-frame or sandwich board,
not illuminated.
b.
Required location. Freestanding signs may be placed on a sidewalk
directly in front of the associated establishment. Off-premises signage
is not permitted. Signs must be within two feet of a structure or
immovable object. The placement of freestanding signs shall be such
that no less than 10 feet of paved sidewalk remains for the exclusive
use of pedestrians nor shall a freestanding sign project or protrude
into, on or above the required pedestrian passageway. Nor shall freestanding
signs be placed so as to block or otherwise obstruct building entrances
or stairs. Freestanding signs shall not be placed in locations within
10 feet of a detectable warning surface or crosswalk egress, intersection
or any location that impedes vehicular traffic, parking, loading and
unloading. Freestanding signs cannot be chained, tied, tethered or
otherwise supported by public infrastructure (e.g., utility poles,
bike racks, newspaper corrals, etc.) Freestanding signs can also not
be placed in tree wells.
c.
Size. Freestanding signs shall not exceed eight square feet on either side and can be no more than two feet wide or four feet tall. One freestanding sign may be displayed outside a business within the MX-2, TC, TC-Morristown Green Overlay, TC-Transit Overlay, and TC-Headquarters Plaza Overlay, as defined in Chapter 30, Land Development, and as shown on the Zoning Map of the Town of Morristown, during business hours.
d.
Appearance. Freestanding signs must be constructed of materials that
present a finished appearance and be constructed out of materials
able to withstand typical northeast weather. Such materials may be
metal, finished wood, chalkboard, whiteboard, or plastic and shall
be of professional quality. Paper, fiberboard, foam core board, corrugated
paper, or unfinished wood materials shall be prohibited. The owners
of freestanding signs are required to keep their signs in a legible,
intact, and well-maintained manner. The written message of the signs
shall be kept to the minimum necessary to communicate the name of
the business and/or special message of the business.
e.
Hours of display. Any freestanding sign may be displayed while the
business is open and must be removed in inclement weather.
f.
Restaurants with sidewalk cafes. If an approved sidewalk café
includes approved signage, a second freestanding sign shall not be
permitted.
g.
Prohibited freestanding signs. Any freestanding sign, which the Town
of Morristown, deems to be a safety hazard, will not be permitted.
h.
Permit process. Business owners will be required to submit a nonresidential
zoning permit application and proof of insurance detailing the business
type and hours as well as the dimensions, appearance and location
of the freestanding sign. They should also submit a sample sign image
as well as a photo or drawing of the freestanding sign's location
with respect to the building line. The fee for the application shall
be $50 for each freestanding sign. A new nonresidential zoning permit
will be required for each new freestanding sign, including businesses
requesting freestanding signs after a change in ownership. All freestanding
signs must comply with the regulations at the time of issuance of
a permit. No grandfathering is permitted.
i.
Insurance required. No permit for a freestanding sign shall be issued
unless the business owner shall have first filed with the Municipal
Clerk a copy of an insurance policy, issued by a company duly authorized
to transact business under the laws of the State of New Jersey providing
for the payment of not less than $1,000,000, combined single limit,
to satisfy all claims for damage by reason of bodily injuries to or
the death of any person as a direct or indirect result of the placement
of the freestanding sign or for injury to any person occurring on
the premises where the freestanding sign is located, and further providing
for the payment of not less than $10,000 to satisfy all claims for
property damage occurring as a direct or indirect result of the placement
of the freestanding sign. The insurance policy shall provide that
the insurance company must notify the Town 10 days prior to cancellation
or substantial change in coverage.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Construction Official or his agent is authorized to issue permits for the erection of all temporary outdoor signs, only after the sign permit application has been reviewed and approved by the Zoning Officer. The permit fees shall be as required by Subsection 30-821.5, Fees, and shall be collected by the Construction Official or his agent prior to the issuance of any sign permit.
[Ord. No. O-25-2018, 7-12-2018; amended 12-18-2018 by Ord. No. O-42-2018; 8-8-2023 by Ord. No. O-11-2023]
a.
The following signs or artificial light are prohibited.
1.
Banners, except as a temporary sign.
2.
Billboards.
3.
Illuminated signs in which a device causes flashing, spelling or
movement of all or part of the sign.
4.
Projecting signs on all properties facing the Morristown Green.
5.
Pylon signs.
6.
Roof signs.
7.
Off-site signs.
8.
Signs which compete for attention with or may be mistaken for a traffic
sign or signal.
9.
Signs which are a menace to public safety or which obstruct the views
of any street, intersection or crosswalk. Signs erected on any part
of the structure beneath a railroad overpass shall be deemed to be
a menace to public safety.
10.
Temporary advertising signs affixed to the window of a door,
but not including information signs such as "Push" and "Pull" and
hours of operation.
11.
Signs placed on sidewalks or public rights-of-way, unless permanently
affixed to the ground after receipt of a sign permit therefor.
12.
Signs placed above or below another sign or attached to another
sign, with the exception of directory signs.
13.
Signs erected or suspended across a street or alley, unless
otherwise authorized by the municipality.
14.
Signs used for or converted into a fence or wall or a shed or
building.
b.
No outside signs on any property abutting or visible from a residential
district shall be lighted or remain lighted between the hours of 12:00
midnight and 7:00 a.m. This prohibition shall not apply to any establishment
which is open for business to the public later than 12:00 midnight,
in which event such establishment may continue the operation of the
sign until the establishment is closed to the public.
c.
No ground signs shall be erected on any sidewalk area or within the
first 15 feet from the curbline upon or over any tract or lot of land
opposite or facing the Green.
d.
It shall be unlawful to use a vehicle or trailer as the structure
to which a sign is attached or placed. No sign shall be erected, painted,
affixed, located or maintained on any taxicab parked on a regular
basis on any property in a residential district except to designate
the name, address, telephone number, the word "taxi" and a serial
number of such taxicab.
e.
No revolving, rotating or moving signs are permitted.
f.
No signs shall project beyond any property line into public rights-of-way.
g.
No projecting sign shall be constructed or erected so as to extend
above the roofline of the structure to which it is affixed.
h.
Temporary signs shall not be illuminated.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Alterations. No sign erected before the effective date of this chapter
shall be rebuilt, replaced or relocated without conforming to the
provisions of this article.
b.
Maintenance. All signs, together with their supports, braces, guys
and anchors, shall be kept in repair and in a proper state of preservation.
All signs shall be so maintained that their appearance is in keeping
with the standards of the neighborhood and does not constitute a blighting
factor for adjoining property owners.
c.
Obstruction. No sign shall be erected, constructed and maintained
so as to obstruct any fire escape, or any window, door or opening
used as a means of egress or for firefighting purposes, or so as to
prevent free passage from one part of a roof to any other part thereof.
No sign shall be attached in any form, shape or manner to a fire escape
or be so placed as to interfere with any opening used for ventilation.
d.
Property owner's permission. No sign permit shall be issued until
the written permission of the owner or owners of the property upon
which the sign is to be erected has been filed with the Town department
responsible for issuance of sign permits.
e.
Objectionable matter. No matter shall be painted or posted on a sign
of any kind, or on any structure, that is licentious, vulgar or obscene,
or depicts the commission of any crime.
f.
Materials. In residential districts all signs permitted may be of
wood. In nonresidential districts, when not exceeding two feet in
height and fastened flat against the wall or cornice or on top of
a cornice over the first-story show window, or at the top of a wall
of the building, signs may be of wood. All other signs in the business
districts shall have a one-hour fire-resistance rating. Where wood
is permitted for signs, the lettering may be of plastic materials.
g.
Construction. All connections of signs to frame structures shall
be made by steel angle plates properly secured to the building with
bolts or lag screws. No sign shall be secured with wood strips or
light gauge wire. All signs shall be constructed to resist a wind
pressure of 50 pounds per square foot
h.
Small signs not enumerated elsewhere. Small signs permitted by law
and not exceeding one foot by 1 1/2 feet may be erected for policing
or parking purposes.
i.
Public signs. Nothing in this section shall be deemed to restrict
or prohibit the erection, construction or maintenance within the Town
of Morristown of signs or markers for use in policing, directing or
controlling of traffic or parking when legally authorized by the state,
county or Town, or by any department thereof.
j.
Termination of use. At the termination of any use of any premises,
building, structure or lot, the permission to display signs associated
with such use shall terminate. All such signs and the brackets and
posts which support the signs shall be removed from the premises within
90 days from the date of termination of such use, unless approval
for an extension of time is requested from and granted by the Zoning
Officer. Any defacement of a building, structure or lot caused by
sign removal shall be repaired at the time the sign is removed.
k.
Location of signs. All signs must be located on the property which
houses the business or use they advertise, or in the case of temporary
real estate signs any sign must be located on the property which is
being advertised for sale or lease.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Electrical standard. All electrical equipment used in connection
with outdoor advertising display signs shall, in the absence of specific
requirements, be installed in accordance with the National Electrical
Code, American Standard CI-1946, or the latest edition thereof approved
by the American Standards Association, Incorporated.
b.
Lighting reflectors. Lighting reflectors may project beyond the face
of a sign if approved by the Construction Official. All electrical
equipment shall be approved by the Electrical Subcode Official for
the Town of Morristown.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
No sign shall hereafter be erected, constructed, altered, repaired,
repainted or maintained except as provided in this section, until
zoning approval has been obtained from the Zoning Officer and a permit
has been issued by the Construction Official.
b.
Except as to safety, the requirements for a permit shall not apply
to:
1.
A sign not exceeding 144 square inches of display surface on a residence
building, stating only the name and profession of the occupant.
2.
Temporary window signs. Exemptions permitted in this section shall
apply only to the requirement for a permit, and shall not be construed
as relieving the owner of the sign from responsibility for its erection
and maintenance in a good and safe condition.
c.
Required information. An application for a permit shall be submitted
in such form as the Construction Official and Zoning Officer may prescribe,
and shall include such information as they may require for a complete
understanding of the proposed work.
d.
Revocation of permits and/or rights. All rights and privileges acquired
under the provisions of this section or any amendment thereto are
mere licenses revocable at any time for any violation of this section
as determined by the Construction Official and the Zoning Officer.
e.
Photographic requirements.
1.
A photograph of each installed sign shall be submitted to the Zoning
Officer for retention in the property file as part of the permanent
record.
2.
A photograph of the installation of the sign shall be submitted to
the Building Department for a permanent record before a certificate
of approval will be issued.
f.
Annual inspections. Every sign shall be inspected annually by the
Department of Building for the purpose of determining whether the
sign is secure and whether it is in need of removal or repair.
g.
Fees. Fees shall be collected by the Construction Official in accordance
with Subsection 30-281.5, Fees. Fees shall be required for all new
signs, all signs replacing existing signs, and for any repair or repainting
of an existing sign.
h.
Enforcement.
1.
Inspection. It shall be the duty of the Department of Building to
inspect each sign for which a permit is required upon the completion
of its installation, and to make such other inspections from time
to time as may be required to determine whether such signs are in
a safe condition and comply with the provisions of this section.
2.
Unsafe signs. In the event that any sign is found to be in a dangerous
structural condition, the Department of Building shall notify the
owner of such sign and the owner of the property on which it is erected
in writing and advise in what manner the owner shall make the sign
safe and secure. In case the owner does not comply with the requirements
of the Department within 72 hours from receipt of such notice, the
sign may be removed by the Town, in which case the owner of the sign
and the owner of the building shall be jointly and severally liable
to the Town for the costs of removal.
3.
Nonconforming signs. In the event any unpermitted sign is found to
be in violation of size, number or location provisions of this section,
the Zoning Officer shall notify the owner of such sign and the owner
of the property on which the sign is erected of such violation, in
writing, and the owner shall, within 10 days, correct such violation.
4.
Penalties. Violations for which another penalty is not prescribed shall be liable, upon conviction for each and every violation, to the penalty as stated in Article 8C. Every day that a violation continues after service of written notice by ordinary mail on the owner of the property as shown in the latest tax duplicate and on the owner of the sign shall be deemed a separate offense.
i.
Nonconforming signs.
1.
Required removal. Any sign found not to have been legally erected
and maintained as described above shall be removed within 30 days
of notification of the violation to the sign owner and the property
owner, unless said sign conforms to this section, in which case the
proper permit shall be obtained within 30 days of notification of
the violation.
2.
Alterations. A nonconforming sign shall not be altered, rebuilt,
enlarged or extended.
3.
Flashing, blinking, and similar lights. The right to maintain a flashing,
blinking, fluctuating or animated sign shall terminate within 90 days
after the sign becomes nonconforming.
4.
Maintenance failure. The failure to keep a nonconforming sign in
good repair for a period of one year shall constitute an abandonment
of the sign, and the sign shall be removed within 10 days following
the completion of that year.
5.
Off-site signs. All off-site signs shall be removed within 30 days
of the effective date of this section.
6.
Substantially damaged signs. Should any nonconforming sign be damaged
by any means to an extent of more than 50% of its replacement cost
at the time of damage, it shall not be reconstructed except in conformity
with the provisions of this section.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Deviation from Article 4I shall constitute as a "c" variance.
