This chapter shall hereafter be known and cited
as the "Sign Ordinance of the Township of South Hackensack."
As used in this chapter, the following terms
shall have the meanings indicated:
ALTERING
To make a change in, to modify, to vary in some degree, to
change some of the elements, ingredients or details without substituting
an entirely new sign or components or destroying the identity of the
sign being changed.
AREA OF SIGN
The area enclosed by the perimeter of the sign, including
its background, if any, but excluding the structure of the sign, its
supports and ornamentation, if any. For wall signs having no background,
an imaginary rectangle shall be calculated surrounding each letter
or symbol. The summed area of each said rectangle shall be considered
the total area of the sign. For parallel double-faced ground signs,
erected as a single or as joined units, the maximum area permitted
shall be calculated on one (the largest) side only.
AWNING
A shelter projecting from and supported by the exterior wall
of a building constructed of either cloth or metal on a supporting
framework.
BOCA CODE
The Building Officials Code Administrators Basic Building
Code of 1981 and/or any subsequent amendments.
DIGITAL SIGNAGE
Electronic message centers, on-premises digital displays
and off-premises digital billboards utilizing a system of light-emitting
diodes (LED) to provide a display of content which is visible from
the exterior of a premises.
[Added 4-14-2011 by Ord. No. 2011-04]
DISTRICT
One of any zones or use districts as designated in the Code
of the Township of South Hackensack.
ELECTION SIGN
Any sign promoting the election or defeat of any candidate,
candidates or slate of candidates or promoting the passage or defeat
of any public question in any public election conducted within the
Township pursuant to law.
[Added 4-11-2002 by Ord. No. 3-02]
ERECT
To build, construct, attach, hand, place, suspend or affix,
and shall also include the painting of wall signs.
GROUND SIGN
A sign supported directly on the ground by a footing, base
and pedestal or by pole(s) or upright(s) set in or on a footing and/or
base.
MAINTENANCE; MAINTENANCE OF SIGNS
Replacement, without substantial change of any parts or supports
of any signs, and repainting without change of text, design or size
of any sign, without removal of the sign from the wall or structure
supporting it.
MANSARD
A sloped roof or roof-like facade, architecturally comparable
to a building wall.
NONCONFORMING SIGN
A.
A sign legally erected but not presently complying
with a subsequently enacted Sign Ordinance.
B.
A sign not conforming to the current Sign Ordinance
but for which a special permit or variance was previously granted.
OWNER
A person recorded as such on official public records. For
the purposes of this chapter, the "owner" of the property on which
a sign is located is presumed to be the "owner" of the sign, unless
facts to the contrary are officially recorded or otherwise brought
to the attention of the Zoning Enforcement Officer.
[Amended 12-11-2003 by Ord. No. 2003-24]
PARAPET
The extension of a false front or wall above a roofline.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
RELETTERING
To change the lettering or descriptive symbols on a sign
changing any of the structural parts or components of the sign.
ROOFLINE
The top edge of a roof or building parapet, whichever is
higher, excluding any minor decorative details or projections.
SIGN
Any device, structure, fixture or placard made of combustible
or incombustible materials, using electronic, stationary, lighted,
painted or printed symbols and/or written copy for the purpose of
a commercial message or a noncommercial message.
TEMPORARY SIGN
A sign not intended for use for more than sixty (60) days.
This shall include any sign, banner, pennant, flag, valance or advertising
display constructed of cloth, canvas, cardboard, wallboard or other
light materials, with or without frames.
UNLAWFUL SIGN
Any sign not meeting the requirements of this chapter and
which has not received legal nonconforming status.
WALL SIGN
A sign attached on the exterior surface of a structure, parallel
to and not extending more than twelve (12) inches from the wall of
said structure, nor projecting beyond the ends or top of the wall
to which it is attached, and at least eight (8) feet above the sidewalk
or ground beneath it. This definition includes individual letter,
painted and cabinet-mounted signs and signs on a mansard.
WINDOW SIGNS
A sign installed only by painted lettering, without a contrasting
background, inside a window or glazed door and intended to be viewed
from the outside. Said lettering may not occupy more than fifteen
percent (15%) of the glazed area of any such window or door panel.
ZONING ENFORCEMENT OFFICER
The principal enforcement and administrative agent of the
Township of South Hackensack under this chapter.
[Amended 12-19-1996 by Ord. No. 66-14]
Every applicant, before being granted a permit hereunder, shall pay to the Township of South Hackensack a fee in the amount as provided in Chapter
108, Fees, for each sign or advertising structure regulated by this chapter, where said sign or advertising structure will contain a commercial message. If a sign will contain a noncommercial message at the time of application and subsequently the changing of movable parts of an approved sign designed for such changes or the repainting or the reposting of display matter results in the sign containing a commercial message, the owner or lessee thereof shall pay to the Township of South Hackensack a fee as provided in Chapter
108, Fees, prior to the posting of the commercial message.
[Amended 12-11-2003 by Ord. No. 2003-24]
When any sign becomes insecure, in danger of
falling or otherwise unsafe, or if any sign shall be unlawfully installed,
erected or maintained in violation of any of the provisions of this
chapter, the owner thereof or the person or firm maintaining same
shall, upon written notice of the Zoning Enforcement Officer , forthwith
in the case of immediate danger and in any case within not more than
ten (10) days, make such sign conform to the provisions of this chapter
or shall remove it. If within ten (10) days the order is not complied
with, the Zoning Enforcement Officer may remove such sign at the
expense of the owner or lessee thereof.
[Added 4-28-2022 by Ord. No. 2022-02]
Notwithstanding other provisions of this chapter, convenience
stores with motor fuel dispensing shall be permitted to have the following
signage:
A. Freestanding
pylon signs. Convenience stores with motor fuel dispensing may have
one freestanding pylon sign along each roadway frontage advertising
the name of the convenience store with motor fuel dispensing and the
principal products sold on the premises, including fuel pricing, any
special company or brand names, insignias or emblems, provided that
each such sign shall not exceed 100 square feet in area on a side
nor be erected within five feet of the property line and not less
than 10 nor more than 20 feet above the ground. Such pylon signs shall
be illuminated only by internal illumination and shall be constructed
of noncombustible materials, except that approved combustible faces
may be permitted.
B. Wall
signs. Convenience stores with motor fuel dispensing may have one
wall sign on each building elevation with frontage on a public roadway.
Wall signs may be internally illuminated and shall not exceed 20%
of the building facade upon which they are mounted and may not extend
more than 10 inches beyond the building facade.
C. Fuel
canopy signs. Convenience stores with motor fuel dispensing may have
signage on each visible exterior side of a fuel canopy, which may
be internally illuminated and include any special company or brand
names, insignias or emblems, provided that the aggregate signage on
each side of the fuel canopy shall not exceed 15 square feet.
D. Fuel
pump spanner signs. Convenience stores with motor vehicle fuel dispensing
may have no more than two spanner signs located within the fuel canopy,
and each sign shall not exceed the width of the canopy or have an
area of more than 40 square feet.
E. Convenience
stores with motor fuel dispensing may also have miscellaneous related
signs, including signs on the fueling pumps, directional signs and
other signs permitted or required by law, including window lottery
signs and bank ATM signs.
F. Sign illumination shall be in accordance with §
183-8 of this chapter; however, notwithstanding any provisions to the contrary therein, the portions of signs advertising fuel prices at a convenience store with motor fuel dispensing may be digital.
[Amended 12-11-2003 by Ord. No. 2003-24]
Any sign containing a commercial message now
or hereafter existing which no longer advertises a bona fide business
conducted or a product sold shall be taken down and removed by the
owner, agent or person having the beneficial uses of the building
or structure upon which such sign may be found within ten (10) days
after written notification from the Zoning Enforcement Officer ,
and upon failure to comply with such notice within the time specified
in such order, the Zoning Enforcement Officer is hereby authorized
to cause the removal of such sign, and any expense incident thereto
shall be paid by the owner of the building or structure to which the
sign is attached.
[Amended 12-11-2003 by Ord. No. 2003-24]
Any interested party may appeal a decision of
the Zoning Enforcement Officer with regard to this chapter by filing
an appeal with the Township of South Hackensack Board of Adjustment
within 20 days of the decision of the Zoning Enforcement Officer
specifying the grounds of such appeal. Such appeal shall be considered
by the Board of Adjustment in accordance with the standards and time
limitations as contained in the New Jersey Municipal Land Use Act.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No.
2008-02]
Any person violating any of the provisions of
this chapter, upon conviction thereof, shall be subject to a fine
not exceeding $2,000, imprisonment for a term not exceeding 90 days,
a period of community service not exceeding 90 days, or any combination
thereof.