[Amended 12-14-1981 by Ord. No. 21-81; 12-9-1985 by Ord. No. 21-85; 11-9-1987 by Ord. No. 15-87; 4-12-1993 by Ord. No. 8-93; 2-27-1995 by Ord. No. 4-95; 4-25-2005 by Ord. No. 05-09; 5-23-2005 by Ord. No. 05-19; 10-24-2011 by Ord. No. 11-18; 3-11-2013 by Ord. No. 13-04; 8-14-2017 by Ord. No. 17-08]
The purposes of this article are to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this article are intended to encourage the effective use of signs as a means of communication in the Borough of Chatham; to maintain and enhance the aesthetic and historic environment and the Borough's ability to promote sources of economic development and growth; to improve pedestrian and traffic safety; to control the effect of signs on adjacent public and private property; and to provide a means of enforcement of the sign regulations.
A. 
A sign may be erected, placed, established, painted, constructed, or maintained in the Borough only in conformance with the standards, procedures, exemptions, and other requirements of this article.
B. 
All signs, unless specifically stated otherwise in this article, shall relate to the use or occupancy of the property upon which the sign is located.
Unless otherwise provided in this article, no sign may be placed, constructed, erected, or modified without the issuance of a sign permit.
A sign permit shall not be required for the following signs:
A. 
Temporary window signs in nonresidential districts, provided they are not illuminated and do not exceed more than one square foot in area.
B. 
Official governmental agency signs, including traffic control signs, traffic or directional signs, street signs, emergency, historical markers, and signs posted by government agencies.
C. 
Light displays in nonresidential districts. Lights and decorations with no commercial message are permitted in nonresidential districts from October 15 to January 15, and no more than 10 days before and no more than three days after any federal holiday. Such lights shall be small clear or white bulbs and shall not blink or flash, and shall not extend more than 15 feet from the ground level.
D. 
A contractor's identification sign, provided such signs shall not exceed three square feet in sign area and three feet in height and shall be located on the property where the work is being performed and only during the period of such work.
E. 
Flags and emblems of a government or of a political, civic, philanthropic, educational or religious organization.
F. 
Noncommercial signs on private property, provided that such signs shall not exceed three square feet in sign area and three feet in height. Noncommercial signs may be placed on private property for not more than 30 days prior to an event date and must be removed within five days following an event date, and in no case shall any such sign be displayed for more than 35 days. Noncommercial signs as defined by this subsection shall include political signs or signs expressing an opinion on a noncommercial issue. Noncommercial signs placed in the public right-of-way shall be subject to § 165-100F.
G. 
Portable signs.
(1) 
Portable signs shall not be located in any vehicular sight triangle easement or in any area that creates a vehicular or pedestrian hazard or inconvenience. No portable sign shall be located on any public sidewalk or public street. In all nonresidential districts, one portable sign shall be allowed per each single tax lot, except that a corner tax lot may have two portable signs, one for each frontage.
(2) 
All portable signs shall be nonilluminated. The maximum size of the sign shall be no more than five feet in height from the top of sign to the ground, and no more than three feet wide. The sign may be double-sided. All such signs shall be properly anchored, secured, or weighted.
(3) 
Portable signs are defined in § 165-10.
The only signs allowed in the public right-of-way shall be the following:
A. 
Official governmental agency signs, including traffic control signs, traffic or directional signs, street signs, emergency, historical markers, and signs posted by government agencies.
B. 
Bus stop signs erected by a public transit company.
C. 
Informational signs of a public utility regarding its poles, lines, pipes, or facilities.
D. 
Awnings, canopies, flags, or signs projecting over a public right-of-way in conformity with the provisions of this article.
E. 
Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.
F. 
Noncommercial signs, provided that such signs shall not exceed three square feet in sign area and three feet in height. Noncommercial signs may be placed in the right-of-way for not more than 30 days prior to an event date and must be removed within five days following an event date, and in no case shall any such sign be posted for more than 35 days. An exemption from the Borough Zoning Officer, which shall include a listing of all intended signs and dates the signs will be in place, shall be required prior to the placement of any noncommercial sign in the right-of-way. Noncommercial signs as defined by this subsection shall include political signs or signs expressing an opinion on a noncommercial issue. Noncommercial signs placed on private property shall be subject to § 165-98F.
G. 
Portable signs in conformance with § 165-98G.
H. 
Garage sale signs in conformance with Chapter 154 and § 165-106.
The following signs are prohibited in the Borough:
A. 
All signs not specifically permitted are prohibited.
B. 
Signs located or designed in such a manner so as to constitute a hazard to pedestrian or vehicular traffic.
C. 
Inflatable signs.
D. 
Tethered balloons (except that noncommunicative decorative balloons not greater than 12 inches in diameter are permitted as stated in § 165-101C).
E. 
Flashing, animated, fluttering or rotating signs (with the exception of barber poles) or signs with the optical illusion of movement, including running lights having the primary effect of calling attention to a building or to elements of a building.
F. 
Wind signs, such as flags, pennants, or spinners [except as permitted under §§ 165-98B(2) and 165-105I].
G. 
Signs with more display surfaces than the two faces of a freestanding vertical sign. Examples of this type of prohibited sign are triangular or three-dimensional signs.
H. 
Portable signs for commercial purposes (except as permitted under §§ 165-98G and 165-106C).
I. 
Signs placed, inscribed or supported upon the roof or upon any structure which extends above the roof or any building, except such directional devices as may be required by Federal Aviation Administration.
J. 
Any sign indicating that a property has been leased or sold, with such language as (but not limited to) "sold," "leased," "too late" or "gone."
K. 
Billboards.
L. 
Signs incorporating projected images.
M. 
Signs that are temporarily or permanently affixed to standpipes, fire escapes, light poles, utility and traffic sign poles, Borough flagpoles, or any poles that are owned or operated by a governmental entity or public utility, except for signs placed by such governmental entity or public utility.
N. 
Signs that are temporarily or permanently erected on Borough-owned property or within the right-of-way, except as provided herein.
O. 
Signs located within a sight triangle, except for traffic regulatory signs posted by governmental agencies.
P. 
Internally illuminated signs using gas, chemical or fluorescent colors, including white, where tubing is visible. This includes all signs commonly described as neon, neon-like and/or fluorescent neon type. LED signs are not permitted unless they are inlaid channel lighting.
Q. 
Signs that cause glare on adjacent property as set forth in § 165-78.
R. 
Signs for commercial purposes other than the use being made of the premises on which the sign is located.
S. 
Beacons and searchlights.
A. 
Construction, maintenance, and lighting.
(1) 
All signs shall be constructed of permanent materials and shall be permanently attached to the ground or a building by direct attachment to a rigid wall, frame, or structure, except for window signs, banners, flags and signs permitted under this article for a limited period of time, and tethered balloons that are noncommunicative decorative balloons not greater than 12 inches in diameter, and which balloons shall be reasonably anchored to avoid safety hazards.
(2) 
All signs shall be maintained in good structural condition and appearance, in compliance with all building and electrical codes,[1] and in conformance with this article at all times.
[1]
Editor's Note: See Ch. 111, Construction Codes, Uniform.
(3) 
Internally illuminated signs shall not be permitted in the B-3 and B-4 Districts. In all other districts, internally illuminated signs shall illuminate only the lettering or a logo, and the background shall be opaque or dark.
B. 
Sign design. Signs shall adhere to the following design guidelines:
[Amended 5-13-2024 by Ord. No. 24-03]
(1) 
On buildings designed for commerce, signs shall fit in the existing features of the facade, such as when facade bands of decorative moldings create natural frames for signs. Signs shall be aligned with signs on adjacent storefronts.
(2) 
On lots with buildings built as residences but now put to commercial use, freestanding signs shall be the preferred sign standard. If a wall sign is proposed, it shall be limited to one small identification panel at each public entrance and if illuminated, it shall be externally illuminated.
(3) 
Signs shall be legible so as to communicate a sign's message quickly and easily and more readily be understood.
(4) 
Signs shall provide a contrast of colors to influence legibility. As an example, the strongest impact occurs with a dark background, and a dark and muted background helps a sign fit more naturally into older buildings, especially if the sign's colors complement those of the building's materials.
(5) 
Window signs shall be painted or provided in pale paint or gold leaf for greater legibility.
(6) 
Signs shall be in harmony and consistent with the architecture of the building and relate to the features of the building in terms of location, scale, color, lettering, materials, texture and depth. Signs shall not be dominant but shall be proportionate and shall complement the building, existing signs and surroundings.
The following procedures shall govern the application for and issuance of all sign permits and the submission and review of master signage plans under this article:
A. 
Applications for sign permits of any kind and applications for approval of a master signage plan shall be submitted to the Borough Zoning Official on an application form or in accordance with application specifications published by the Borough Zoning Official.
B. 
Fees. Each application for a sign permit or for approval of a master signage plan shall be accompanied by the applicable fees, which shall be established by the governing body of the Borough.
C. 
Completeness. Within 10 business days of receiving an application for a sign permit, the Borough Zoning Official shall review it for completeness. If the application is incomplete, the Borough Zoning Official shall, within such ten-day period, send a notice to the applicant setting forth the deficiencies in the application.
D. 
Action.
(1) 
Except as stated within this section, upon receipt of a complete application, the sign permit shall be issued by the Borough Zoning Official within 10 business days if the proposed signs conform in every respect with the requirements of this article and, in the case of a commercial use, with the applicable requirements for a master signage plan. Before a sign permit is issued, applications will be reviewed by the Sign Committee (a subcommittee of the Borough Planning Board) and by the Borough's Historic Preservation Commission, if the property is located within the Borough's Historic District.
(2) 
If a requested sign or signage plan is rejected as noncompliant with this article, the Borough Zoning Official shall, within 10 business days of receipt of a complete application, specify the noncompliance of the signs as compared with this article in a written notice to the applicant. The applicant may appeal the decision to the Zoning Board of Adjustment, or if the signage is part of a development application, may request consideration of same before the Borough's Board that has jurisdiction over the development application.
E. 
Signage on development applications. Before acting on a development application for a nonresidential use where installation or modification of any sign is proposed, the Planning Board or Board of Adjustment, as the case may be, shall, immediately after receipt of a complete application, refer the master signage plan to the Borough Zoning Official, who shall, within 10 business days, review the master signage plan and submit his recommendations to the Board.
A. 
Any application for a sign permit in any nonresidential district shall be accompanied by a master signage plan. A master signage plan shall also be included in any development plan or site plan required by the Borough for a proposed development in which the installation or modification of any sign is proposed.
B. 
The following information shall be included on a master signage plan for each existing and proposed sign, with the exception of incidental signs:
(1) 
Size and area.
(2) 
Letter style.
(3) 
Lighting.
(4) 
Color.
(5) 
Construction and materials, including the method of attachment and dimensions of projection.
(6) 
Height of sign above grade.
(7) 
Location.
C. 
The master signage plan shall include a sketch or photograph showing the dimensions of each facade, window, and canopy of the building to which a sign is to be attached, in sufficient detail to show the location, dimension and area of all existing and proposed permanent signs affixed to the walls, windows, and awnings to the building. These dimensions shall be shown either on the sketch or on the photograph.
D. 
In addition, for lots with existing or proposed freestanding signs, a plot plan shall be submitted, showing the location of buildings, parking lots, driveways, and landscaped areas, as well as the existing or proposed signs.
E. 
The Borough Sign Committee may request color swatches and material samples for review of any application.
The following signs are permitted in nonresidential districts:
A. 
Wall signs. Wall signs are permitted only on the facades of buildings facing on a public street, public right-of-way or municipal parking lot. The following restrictions shall apply:
(1) 
Number and size.
(a) 
The total area of all signs on a facade of a building that face a public street, public right-of-way or municipal parking lot shall not exceed 10% of the square footage of the ground floor portion of the facade.
(b) 
In the M-1, M-2, and M-3 Districts, in the B-4 District, and in the mall located at Block 29, Lot 9: One individual wall sign per facade shall be permitted. If nonilluminated or externally illuminated, a wall sign may have an area of up to 30 square feet, or if internally illuminated, up to 20 square feet.
(c) 
In the B-1, B-2, B-3, B-5, and B-6 Districts: One individual wall sign per facade may have an area of up to 20 square feet. The Planning Board may authorize one additional wall sign for a building wall facing a municipal parking lot, subject to such conditions as the Board may prescribe for size, placement, and consideration of the view from any residential districts.
(d) 
For the purpose of this § 165-105, in a building whose ground floor is divided side to side into separate units with separate front entrances, each unit shall be treated as having a separate front facade.
(e) 
If there is more than one building on a lot in a nonresidential district and the building has a front facade facing a street, one wall sign may be provided for each building as set forth for the appropriate district in § 165-105A(1)(b) or (c) above.
(2) 
Placement and projection. A wall sign shall be located on the lintel of commercial buildings, and should not obscure important architectural details of the building. A wall sign shall not extend beyond the ends of the wall surface on which it is placed and shall be below the top of the first story, or below the top of the parapet of the premises, or not over 17 feet above grade, whichever shall be lower. A wall sign shall not project more than four inches beyond the building facade.
(3) 
Lighting. Lighting for wall signs shall be as prescribed under § 165-102.
(4) 
All sign graphics, including lettering and logos, shall not exceed 12 inches in height.
B. 
Freestanding signs. The following restrictions shall apply:
(1) 
Except in the B-4 District, one freestanding sign shall be permitted on any single tax lot, regardless of the number of establishments on the property, except as follows:
(a) 
Freestanding signs shall not be permitted in the B-4 District.
(b) 
One additional freestanding sign (maximum of two freestanding signs) shall be permitted when the property has frontage on more than one public street, with no more than one freestanding sign per street.
(c) 
One freestanding sign (maximum of two freestanding signs) shall be permitted for each individual principal building on a lot.
(2) 
Size. The area of freestanding signs is limited as follows:
(a) 
If nonilluminated, or if externally illuminated and constructed of wood, material resembling wood or masonry materials, a sign may not exceed eight square feet.
(b) 
Any other freestanding signs, including those internally illuminated, may not exceed five square feet.
(c) 
If more than one business is located on a tax lot, the sign area permitted shall be as follows:
[1] 
The single freestanding sign may be a directory sign with a total area as regulated in § 165-105B(2)(a) or (b) above or, a minimum of one square foot panel for each tenant, whichever results in a smaller sign area; or
[2] 
The single freestanding sign may identify the building or the primary occupant, and a nonilluminated directory wall sign not exceeding one square foot per tenant may be permitted on the ground floor facade.
(3) 
Height. The height of a freestanding sign shall not exceed seven feet. Height shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure of the lot, whichever is lower.
(4) 
Location. The sign shall be at least five feet from any property line. Should there be less than 12 feet between the street front property line and the building foundation, the sign shall be centered between the building and the property line, but in no case closer than three feet from the sidewalk or, if there is no sidewalk, the property line. Signs shall not be placed within the area at a street corner where there should be a sight easement as described in this article.
(5) 
Lighting. Lighting shall be as prescribed under § 165-102.
(6) 
Sign verbiage and graphics.
(a) 
Verbiage placed on freestanding signs is limited to identification of the business. Such verbiage shall identify the business with the use of any three of the following: business name, the street address, the telephone number, the website address, a short product identifier, and/or or a logo or emblem.
(b) 
All sign graphics, including lettering and logos, shall not exceed eight inches in height.
C. 
Side or rear entrance signs. When a business, in addition to a front entrance, also has a public entrance at the side or rear of a building and no other side or rear wall sign, a nonilluminated or externally illuminated sign identifying the occupant shall be permitted at such an entrance, provided it does not exceed six square feet in area.
D. 
Awning or canopy signage.
(1) 
Verbiage placed on awnings or canopies shall be limited to identification of the business. Such verbiage may identify the business name, the street address, the telephone number, the website address, a short product identifier, and/or a logo or emblem. Such verbiage shall be limited to location on the fringe of the awning or canopy, except that a business logo or emblem may be placed on the slope of the awning or canopy as long as it is centered and does not exceed 10% of the area of the awning or canopy.
(2) 
Sign graphics, including lettering and logos, shall not exceed eight inches in height.
(3) 
Awning and canopy signs may have an area of up to 10 square feet.
E. 
Projecting signs. In the B-4 District only, and only on streets abutting Main Street, either one projecting sign per premises or the allowable facade sign(s) shall be permitted. The projecting sign shall be hung from the ground-floor facade at least 10 feet above ground level, shall project no more than four feet from the building facade, have a total area not exceeding four square feet, and illumination shall only be external. The issuance and continuation of such a sign permit shall be conditioned on the sign owner obtaining and maintaining in force liability insurance for such a sign in such form and such amount as the Borough Administrator may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least $1,000,000 and shall name the Borough of Chatham as an additional insured on such policy.
F. 
Incidental signs. Incidental signs of one square foot or less in area are allowed, require no permit, and are not included in any maximum total sign area or number of signs allowed on a single tax lot.
G. 
Window signs. In addition to the signs allowed elsewhere in this § 165-105, first-floor window signs are allowed, provided that no more than one illuminated sign shall be placed in any first floor window. In the B-4 District only, nonilluminated window signs are allowed in second-floor windows. No window sign shall exceed three square feet in area or 20% of the glazed area of any individual window, whichever results in the smaller sign area. In calculating the maximum window coverage as described herein, the figure used for any illuminated sign will be twice its actual area. The area of window signs shall count towards the total sign area permitted for wall signs pursuant to § 165-105A(1)(a).
H. 
Door signs. Door signs shall be subject to the following regulations:
(1) 
Signage on doors is permitted for up to 20% of the glass area.
(2) 
On the portion of the glass in the door between three feet from the bottom of the door and five feet six inches from the bottom of the door, signage on the glass is permitted for up to 10% of the glass area in the above-described portion of the door, but said signage shall not exceed one square foot.
I. 
Special event displays. Noncommunicative decorative flags, strings of pennants (building mounted only), and banners of no more than 10 square feet shall be permitted as a display for a period of not more than 30 days at a time. Such displays shall be permitted for any business on no more than two occasions in any calendar year, providing that a letter of intent shall be reviewed and approved by the Zoning Official.
J. 
Decorative flag. One flag shall be permitted per business premises, displaying only a generic logo or design (no lettering), and composed only of a lightweight fabric or woven material (no plastic). No such flag shall be larger than three feet by five feet and must be hung from the ground floor facade at least 10 feet above ground level and project no more than three feet from the building facade.
K. 
Traffic or directional signs. Such signs shall be permitted on private property where necessary to safely and effectively convey persons to their intended destination. Information on signs shall be directional information and shall not contain any logos, emblems or other business identifiers. The number of signs will be whatever is required to achieve this goal. These signs shall be consistent with other site signage, and shall be limited to four square feet in area and three feet in height. This type of signage is also permitted on public property as set forth in § 165-100A.
In addition to those signs enumerated in § 165-98, the following signs are permitted in residential districts and on wholly residential-use lots in nonresidential districts:
A. 
Nameplates. Nameplates shall be permitted without a permit if mounted flush on the wall near an entrance and bearing the name of the family unit residing on the premises. Not more than one sign shall be permitted for each family unit on the premises, and each sign may not exceed 72 square inches in area.
B. 
Home occupation. A nameplate shall be permitted without a permit bearing the name and/or business of the person engaged in a permitted home occupation and residing at the premises, provided that such signs shall not exceed one square foot in area. This nameplate may be attached to a building or to a post, which post shall not exceed five feet in height. Such signs may be lighted if it is determined after a public hearing that the proposed illumination is reasonable. Conditions may include the prevention of glare and the requirement that such illumination be extinguished at a particular time.
C. 
Real estate, work-in-progress, and garage sale signs. One sign shall be permitted without a permit so long as same does not exceed four square feet pertaining to the lease or sale of, or work-in-progress on, or a garage sale at, the lot or building, which sign shall be placed no nearer to the street than three feet from the sidewalk or, if there is no sidewalk, no nearer to the street than three feet from the front line of the property. Any such sign shall be removed after the approval of a CCO for the purchase of the premises, or completion of the work-in-progress, or completion of the garage sale. A garage sale sign may be displayed for no more than three days per property lot every six months and one work-in-progress sign per property lot for no more than 30 days every year.
D. 
Holiday lights, decorations and displays shall be permitted without a permit.
A. 
All signs that are not in conformity with this article but were erected prior to January 1, 1988, and not thereafter modified, or were thereafter erected or modified pursuant to a proper sign permit or other municipal approval, may remain, subject to being maintained in good structural condition and appearance, and in compliance with all building and electrical codes[1] and property maintenance codes.[2]
[1]
Editor's Note: See Ch. 111, Construction Codes, Uniform.
[2]
Editor's Note: See Ch. 204, Property Maintenance.
B. 
Customary sign maintenance, sign repair, and changing of permanent sign faces of nonconforming signs is allowed so long as structural alterations are not made and the sign is not increased in size. Signs and sign structures that are moved, replaced, or structurally altered must be brought into conformance with this article.
Any sign now or hereafter existing which no longer advertises a bona fide business conducted, a product sold or is not used for a permitted use hereunder shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure or land upon which such sign may be found within 10 days after written notification from the Zoning Officer. The failure to keep a nonconforming sign painted or in good repair for a period of six months shall constitute abandonment, and such sign may not be reused and must be removed. Said sign shall be repainted or repaired as necessary within 10 days after written notification from the Zoning Officer.
If any sign which is in violation of this article which is not removed within 24 hours after the Borough Zoning Official shall have given written notification to any owner or occupant of the property or to the owner or any agent or employee of the owner of the sign, that such sign is in violation, such owner or occupant of the property or the owner of the sign, as the case may be, shall be subject to prosecution under this article and to the penalties set forth in § 165-173 hereto.