As used in this chapter, the following terms shall have the
meanings indicated:
AWNING
Any rooflike structure, made of cloth or metal with metal
frames attached to a building, projecting over a thoroughfare, which
may or may not be supported by poles, columns or other structural
supports which meet the ground. "Awning" shall include any structure
made of cloth or metal attached to a building, projecting over a thoroughfare,
which may or may not be retractable. An awning shall also include
a rooflike structure extending over or in front of a door or window
for the purpose of providing shelter from the elements. Awnings shall
also include structures known as canopies. Awnings which display,
reproduce or include any letter, word, name, number, model, insignia,
emblem, design, device or representation used for one or more of the
purposes contained in the definition of sign below shall be considered
a sign for the purposes of this chapter.
BANNER
Any temporary sign applied to paper, plastic or fabric of
any kind, which is displayed vertically or horizontally extending
over a public way and not freestanding.
BILLBOARD
Any sign erected or maintained for the purpose of displaying
outdoor advertising for products or services and is in excess of 40
square feet.
BLADE SIGN
Any sign which is engineered to project from the face of
a wall or other structure and typically has multiple faces. Also known
as a "projecting sign."
BUILDING FRONTAGE
The building facade as measured from the ground up to the
roof of the building. Building frontage shall not include any parapet.
ERECT
To build, construct, attach, hang, place, suspend or affix;
also includes the painting of signs on walls.
FACING or SURFACE
The surface of the sign upon, against or through which the
message is displayed or illuminated on the sign.
FREESTANDING SIGN
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure, or a sign designed to be transported. Freestanding
signs shall include, but are not limited to, signs converted to A-
or T-frames, menu and sandwich board signs, balloons used as signs,
umbrellas used for advertising, vertical banners, flags or pennants,
and signs attached to or painted on vehicles parked and visible from
the public right-of-way, unless said vehicles are used in the normal
day-to-day operations of the business.
ILLUMINATED SIGN
Any sign which has characters, letters, figures, designs
or outlines illuminated by electric lights or luminous tubes as a
part of the sign proper.
MAINTENANCE
Includes replacement, without substantial change, of any
parts or support of any sign and the painting, without change of text,
design or size of any sign, without removal of the sign from the wall
or structure supporting it.
MARQUEE SIGN
Any hood or awning of permanent construction projecting from
the wall of a building above an entrance and extending over a thoroughfare,
including signs attached thereto, the supports of which are an integral
part of the original structure and which is not retractable.
PENNANT
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
ROOF SIGN
Any sign erected, constructed and maintained wholly upon
or over the roof of any building, with the principal support on the
roof surface, sometimes referred to as a "sky sign."
SIGN
Includes any device, either freestanding or attached to a
building or structure, erected, painted, represented or reproduced
upon or in (to the extent provided herein) any building or structure,
which displays, reproduces or includes any letter, word, name, number,
model, insignia, emblem, design, device or representation used for
one or more the following purposes: to identify the premises or occupant
or owner of the premises; to advertise any trade, business, profession,
industry, service or other activity; to rent or use of all or a part
of the premises, including that upon which it is displayed; to sell
all or part of the premises, including that upon which it is displayed;
to direct vehicular or pedestrian traffic, other than state, county
or municipal highway and roadway markers; and shall include any announcement,
declaration, demonstration, display, illustration, insignia or any
representation used to advertise or intended to advertise or promote
the interest of any person. In no event shall the word "sign" be construed
to mean any sign in the interior of any structure, except as specifically
set forth in this chapter.
TEMPORARY SIGN
Any sign, as defined herein, used temporarily for a period not to exceed 30 days, except as provided by §
338-11. Temporary signs shall include grand-opening signs, going-out-of-business signs, banners, pennants, and other like nonpermanent signs which are fixed, mounted or otherwise attached to a building.
WINDOW
Includes any opening in the exterior wall or roof of any
structure for the purpose of admitting air or light, whether or not
covered with glass, plastic or other covering.
WINDOW DISPLAY SIGN
Includes all signs, as defined herein, including signs which indicate hours of operation, membership in a retail or professional organization or credit card or credit association, show manufacturers' or required licenses or advertisements referable to sales within which are situated within the window surface, or block or otherwise obstruct the view through a window; shall be as regulated in §
338-9B.
The following principles shall control the computation of sign
area and height:
A. Computation of area of individual signs. The area of a sign face
shall be computed by drawing a square or rectangle that will encompass
the extreme limits of the writing, representation, emblem or other
display, together with the sign frame and any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed,
or by delineating the area established by reason of distinctive variation
in background color or by borders, whichever is greater.
B. Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When two identical sign
faces are placed back to back, so that both faces cannot be viewed
from any point at the same time, and when such sign faces are part
of the same sign structure and are not more than 42 inches apart at
any point, the sign area shall be computed by the measurement of one
of the faces.
C. Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at grade to the top of the
highest attached component of the sign.
Any sign, regardless of type or district in which said sign
is located, may not contain a pictorial insignia, logo or emblem which
exceeds 50% of the overall sign. This provision shall not limit the
use of a sign which exclusively contains alpha and/or numeric symbols
unless otherwise prohibited or restricted in this chapter.
Accept as otherwise provided in this chapter, §
338-15 (Awnings) and §
338-13 (Sign regulations applicable in all districts), the following rules shall apply to signs in residential districts. Signs in residential districts shall be limited to:
A. Institutional signs.
(1) Signs of schools, colleges, churches, hospitals, sanatoriums or institutions
of similar public or semipublic nature, provided that the size of
any sign shall not exceed 20 square feet in area.
B. Signs accessory to private parking areas.
(1) Signs designating entrances or exits to or from a parking area shall
be allowed, provided that the size of any sign shall not exceed two
square feet in area.
(2) Signs designating reserved parking spaces shall be allowed, provided
that the size of any such sign shall not exceed two square feet in
area.
(3) Signs designating the identity and conditions of use of parking areas,
provided that the size of any such sign shall not exceed nine square
feet in area. Not more than one sign may be placed upon any property
unless such property is located on a corner, in which event two such
signs may be permitted, one facing each street.
(4) Signs shall not be illuminated.
(5) Private parking lot signs may be displayed on a wall, post, and/or
fence.
C. Development signs.
(1) Signs advertising the sale or development of the premises.
(a)
Signs advertising the sale or development of the premises upon
which they are located may be erected by a builder, contractor, developer
or other persons interested in such sale or development, provided
that the area of any sign shall not exceed 20 square feet.
(b)
Not more than one sign may be placed upon any such property,
unless such property fronts upon more than one street, in which event
one such sign may be erected facing each street.
(c)
Such sign shall be removed by the developer within 30 days of
the final sale of the property.
(2) Directional signs for developments.
(a)
Signs indicating the location and direction of premises available
for or in the process of development, but not erected upon such premises,
and having inscribed thereon the name of the owner, developer, builder
or agent, provided that the area of any sign shall not exceed six
square feet in area nor four feet in height.
(b)
Not more than one such sign may be erected on each 500 feet
of street frontage.
(c)
Such sign shall be removed by the developer within 30 days of
the final sale of the property.
(3) Signs which set forth the name of a residential development shall
be allowed in accordance with the rules for commercial signs in residential
districts.
D. Artisans' signs.
(1) Signs of mechanics, painters and other artisans may be erected and
maintained during the period in which such persons are performing
work on the premises, provided that the size of any such sign shall
not exceed 12 square feet in area.
(2) Such sign shall be removed within 10 days of the completion of the
work.
E. Private driveways. Signs indicating the private nature of a driveway
shall be allowed, provided that the size of any such sign shall not
exceed two square feet.
F. Temporary signs and temporary traffic control signs.
G. Signs relative to Zoning Board-approved commercial uses.
H. The total signage on a building which has a Zoning Board-approved
commercial use in a residential district shall not exceed 28.8 square
feet and may only be displayed on the building frontage of the building.
I. If property in a residential district which has a Zoning Board-approved
commercial use is situated on a corner lot, then the nonbuilding frontage
side of the building shall be entitled to complementary signage not
to exceed the sign area of the building frontage side of the building.
J. If property in a residential district which has a Zoning Board-approved
commercial use is not situated on a corner lot but has an abutting
side private parking area wherein that abutting side private parking
area is visible from the roadway, then the nonbuilding frontage side
of the building where the private parking area abuts shall be entitled
to complementary signage not to exceed the sign area of the building
frontage side of the building.
K. A property in a residential district which does not have a Zoning
Board-approved commercial use shall not be entitled to signage except
for residential nameplates, artisan signs, real estate signs, and/or
any other sign which does not require a permit pursuant to this chapter.
Temporary signs shall comply with the following:
A. All temporary signage, except as specifically exempted under this chapter, shall require a permit. Said permit shall be valid for a period not to exceed 30 days from the issuance thereof and may be renewed for a period not to exceed 60 days, unless exempted below in Subsection
B, and shall require a new permit application and fee.
B. No temporary sign shall exceed an area of 12 square feet.
C. Nothing contained herein shall be deemed to permit the erection or installation of any political signs upon any pole or tree located on public property or within the public right-of-way within the Town of West New York, and their erection or installation is hereby specifically prohibited. This section shall not be deemed to prohibit temporary lawn signs or street banners as set forth in §
338-13B.
D. Streamers or flags or pennants and banners shall be permitted as temporary signs in accordance with the permit requirements and time restrictions set forth in Subsection
A above.
[Amended 11-28-2018 by Ord. No. 17/18]
A. No sign
shall be an illuminated sign except as provided herein.
B. No sign
shall be illuminated externally by more than three floodlights per
surface of said sign. Such lighting shall be at grade and properly
directed and shielded so as not to produce glare or offensive light
off the property.
C. No sign
shall be flashing, running or blinking. All illumination must be fixed
and solid. Any sign that changes images must have ten-second intervals
between images.
D. All illumination
outlining roofs, doors, windows and wall edges must be fixed and solid.
E. No sign
shall be artificially illuminated after 11:00 p.m. or before 7:00
a.m., unless said business is operating and/or attended and open to
the public. Accordingly, a business that is not open to the public
and is not in operation shall not have an artificially illuminated
sign.
F. No sign
in a residential district shall be illuminated other than by indirect
lighting with the source thereof so shielded that it illuminates only
the face of the sign.
G. Awnings
which are used as signs may be illuminated by indirect lighting with
the source thereof so shielded that it illuminates only the face of
the sign and may be backlit with the source thereof so shielded that
it illuminates only the face of the sign.
H. No sign's
illumination shall exceed a color temperature of 8,500 nits.
The following regulations shall apply to all signs in all districts:
A. The following types of signs are prohibited:
(3) Any sign which is placed or located or displayed upon any sidewalk
or area between sidewalk and curb, nor shall they project on or over
a sidewalk.
(5) Any sign erected, painted or composed of fluorescent, phosphorescent
or similar material.
(6) Any sign which, in whole or in part, is moving, mobile or revolving.
(7) Any sign erected, relocated or maintained so as to prevent free ingress
to or egress from any door, window or fire escape. Any sign which
is attached to a standpipe or fire escape.
(8) Any sign or other advertising structure which is erected at the intersection
of any streets in such a manner as to obstruct free and clear vision
or at any location where, by reason of the position, shape or color,
it may interfere with, obstruct the view of, cause an optical illusion
or be confused with any authorized traffic sign, signal or device
or which makes use of words, phrases, symbols or characters in such
manner as to interfere with, mislead or confuse traffic.
(9) Any sign other than an official traffic sign, to the exception contained in §
338-3, erected within the right-of-way of any street.
(10)
Any sign or other advertising structure which displays any obscene,
indecent or immoral matter.
(11)
Any sign erected on an antenna or tower contrary to §
414-100.
(13)
No sign shall hang over or obstruct another sign.
(14)
Any sign placed on fences, walls, utility poles, trees, railway
or road bridges, bridge supports or abutments, retaining walls, parking
meters or water towers.
B. No permit, pursuant to §
338-6, shall be required for the following signs:
(1) Real estate signs not exceeding six square feet in area which advertise
the sale, rental or lease of the premises upon which said signs are
located only. Further, no more than one sign shall be placed upon
any property unless such property fronts upon more than one street,
in which case two signs may be erected, one facing each street. In
any case, any such sign shall be removed within 10 days when the premises
are sold or rented.
(2) Residential nameplates identifying a single-family residence and/or
street address, not to exceed one square foot in area. Only one sign
shall be permitted per dwelling unit, except in the case of corner
lots where two such signs, one facing each street, shall be permitted.
For multiple-dwelling structures, a single identification sign not
exceeding six square feet in area.
(3) Bulletin boards or signs not over 16 square feet in area for public,
charitable or religious institutions when the same are located on
the premises of said institutions.
(4) A sign identifying the architect, engineer or contractor, when placed
upon a work site under construction, not to exceed six square feet
in area, provided that the sign is set back at least 15 feet from
the curb, and further provided that the same is removed within 24
hours after final certificate of occupancy is issued.
(5) Memorial signs or tables, names or building and date of erection
when cut into any masonry surface or when constructed of bronze or
other noncombustible materials.
(6) Traffic or other municipal signs, legal notices, railroad crossing
signs, danger signs and such temporary, emergency or nonadvertising
sign or signs of any governmental agency deemed necessary to the public
welfare.
(7) Flags of the United States, State of New Jersey or other governmental
or quasi-public agencies, subject to reasonable size and location.
(8) Holiday decorations and lights on residential premises.
(9) Signs erected to control the movement of traffic on a premises, provided
that these signs shall provide traffic directions only and shall not
be used for any advertising purpose. These signs shall not exceed
four square feet in area and shall have been approved by the appropriate
approving agency.
(10)
Official notices or advertisements posted or displayed by or
under the direction of any public or court officer in the performance
of his official duties, or by trustees under deeds of trust, deeds
of assignment or other similar instruments, provided that all such
signs shall be removed no later than 10 days after the last day of
the period for which the same are required to be displayed in order
to accomplish their purpose.
(11)
Signs of any political party or announcements of the candidacy of any individual for a nomination or office, provided that in any residential district no such sign shall exceed two square feet in area and in any district other than a residential district no such sign shall exceed in area the maximum area of sign display permitted on any lot in that district; provided, further, that all such signs shall be removed no later than 10 days after the day of the election to which they pertain, and provided that said sign is consistent with the provisions of §
338-11C.
(12)
Signs advertising only the name, time and place of any bona
fide and municipally licensed fair, carnival, festival, bazaar or
similar event, when conducted by a public agency or for the benefit
of any civic, fraternal, religious or charitable cause, provided that
no such sign in any residential district shall exceed 20 square feet
in area or be displayed except on the immediate site of the event
to which it pertains; no such sign in any C or I District shall exceed
in area the maximum area of sign permitted on any lot in that district;
and provided, further, that all such signs shall be removed within
10 days after the last day of the event to which they pertain.
(13)
Signs not exceeding two square feet in area warning the public
against trespassing on the land on which the same are displayed.
(14)
No solicitation signs, so long as such sign does not exceed
one square foot.
(15)
Signs of whatever size necessary, warning the public of danger,
but not containing any advertising material in addition thereto.
Any signs existing at the time of the passage of this chapter
and which violate any provisions thereof shall be deemed a nonconforming
use and may be continued, maintained and repaired upon the present
premises or location; provided, however, if such sign is deemed unsafe
or insecure by the Zoning Officer, such sign must be removed. Any
nonconforming sign which is associated with a change in occupancy
or ownership shall necessitate an application to the appropriate approving
authority.
Any and all signs must be designed in such a way that the lettering
and/or symbols which represent the message contained on the sign are
visibly distinct from the background, such that a casual observer
would be capable of reading each word, letter, number, phrase or symbol
which constitutes the message on the sign.
Any person, firm, entity, contractor or utility who shall violate
this chapter shall be subject to a fine of no less than $100 and no
more than $500 per day or each part thereof during which a violation
exists. Each sign which violates this chapter shall be deemed a separate
offense.