Article XI Signs

[Amended by Ord. No. 5-82]

General regulations

No sign or advertising structure shall be erected or maintained within the Borough of Eatontown, except in conformance with the provisions of this chapter.

(2)

No sign or advertising structure exceeding eight square feet in area shall be erected or created until a permit has been secured as provided for in § 89-98 of this chapter.

(3)

No sign or advertising structure shall be erected, placed or maintained so that it impedes, interferes with or distracts from the operation of any traffic control light or sign, official traffic directional sign or other traffic safety or control device, or general traffic safety.

(4)

No sign or advertising structure shall be erected, maintained or lighted in a manner to interfere with traffic upon any public right-of-way, including sidewalks, or the peaceful and quiet enjoyment of any adjacent property. Backlit signs shall be designed to primarily illuminate only letters or symbols. All signs shall conform to any other applicable Borough ordinance controlling illumination.

[Amended by Ord. No. 15-92]

(5)

No sign or advertising structure shall be erected or maintained in other than a safe condition or be maintained in a state of disrepair.

(6)

No sign or advertising structure shall include any flashing, blinking or series light, or any rotating or moving parts.

(7)

Functional sign types. "Gasoline service station freestanding price sign" shall mean a ground sign displaying the price of gasoline or other motor fuel available for sale on the premises.

(8)

No sign shall be painted directly on the wall of any building without the use of an advertising structure.

(9)

No sign shall be mounted, erected or maintained on a utility pole.

(10)

No sign or advertising structure shall be erected or used upon the top or roof of any building, and no sign or advertising structure attached to a building shall project higher than the roofline of that building.

(11)

No freestanding sign in the Borough of Eatontown regulated under this chapter shall exceed a height of 30 feet measured from the ground to the top of the sign structure. Wall signs, except in the BP-1 and BP-2 Districts, shall be mounted so that the top of the sign is not higher than the bottom of the window(s) on the second floor fully or partially above ground, or in the absence of a window(s), not higher than 15 feet. In the event the facade upon which a sign is mounted is 150 feet or more from a public road; however, the top of the sign may not be higher than 30 feet aboveground. In the BP-1 and BP-2 zones, identification wall signs may be mounted no higher than the bearing wall in relation to the roof edge or, in the case of a flat-roofed building, the top of the parapet wall of the facade where the sign will be mounted.

[Amended by Ord. No. 6-92]

(12)

A sign shall be measured at the outer edges of the sign structure. For a sign of irregular shape, the smallest regular rectangle encompassing all component parts of the sign shall be the area of the sign. The area of permanent window lettering shall include only the area of the letters, however. A logo or insignia of the dimension no greater than as specified below may be placed on awnings erected over windows or doorways and for purposes of this chapter, shall not be considered a sign provided said logo or insignia are spaced no closer than four feet on center and in conformity with the following specifications:

[Amended by Ord. No. 7-98]

(a)

Twelve inches by 12 inches if placed within 25 feet of a roadway when the awning is in its down position.

(b)

Eighteen inches by 18 inches if placed within 75 feet of a roadway when the awning is in its down position.

(c)

Twenty-four inches by 24 inches if placed over 75 feet of a roadway when the awning is in its down position.

(13)

On lots fronting on more than one public thoroughfare, signs permitted may be erected in the yard area fronting on only one thoroughfare, except as provided for in § 89-97A(1) and (2) (sale or rental signs).

(14)

No person, firm or corporation shall interfere with any Borough official or employee entering upon any premises between the hours of 9:00 a.m. and 9:00 p.m. for the purpose of examining any sign or advertising structure.

(15)

No temporary signs, including signs placed in the window of any building, shall be permitted, except in accordance with this subsection [Subsection A(15)(a) to (d)] and Subsection A(20) following:

(a)

In conjunction with site plan approval, the Planning Board may permit a temporary sign indicating the future development of the property under construction or alteration. The size, design and location of the temporary sign shall be determined by the Planning Board and may be erected and maintained by the applicant on the property during construction. The sign shall be removed, however, upon the issuance to the applicant of a permanent certificate of occupancy, but in no event later than one year from the date that the permit to erect said temporary sign was issued.

[Amended by Ord. No. 15-92]

(b)

Temporary paper window signs shall be permitted in windows of commercial establishments, provided that the sign does not exceed 50% of the total window area and does not remain in use beyond the event which is the subject of the advertisement or more than 30 days, whichever is shorter. The window area shall be calculated based upon the total area of the first floor windows on the building facade on which the signage is to be located. Temporary window signs may be placed in windows facing onto a street or customer parking lot, provided, however, that no temporary window sign shall be placed in windows that face a residential use or residentially zoned area.

(c)

No temporary sign shall be larger than a permitted permanent sign or in any way conflict with the requirements contained in this chapter for permanent signs.

[Amended by Ord. No. 15-92]

(d)

Official signs shall not be computed in the 50% limitation.

[Amended by Ord. No. 15-92]

(16)

Windows. All windows exposed to public view shall be kept clean and free of marks or foreign substances, except when necessary in the course of changing displays. No storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless said areas are first screened from the public view by drapes, Venetian blinds or other permanent blocking of the windows to the public view. All screening of the interior of windows shall be maintained in a clean and attractive manner and in a good state of repair.

(17)

Window lettering. Lettering directly on windows shall comply with the requirements of temporary paper signs in § 89-96A(15)(b) except that if the lettering is intended to be permanent it may remain beyond the thirty-day maximum time period for paper signs. One permanent electrified neon sign, not to exceed 20% of the area of the window in which it is placed, may be displayed on the interior side of not more than one window in lieu of permanent window lettering. If permanent window signs are displayed in conjunction with temporary window signs, the combined area of the signage shall not exceed 50% of the window area. Permanent window lettering or electrified neon signs shall be limited to identification of the occupant, use, product, service or operation in the adjacent floor space. Where a neon sign is displayed in lieu of permanent window lettering, a sign permit pursuant to § 89-98B, Permits, shall be required.

[Amended by Ord. No. 15-92]

(18)

Devices prohibited. The use of flags, streamers, balloons, windmills or other moving devices, searchlights, or flashing or animated signs is prohibited, other than for a period of seven days from the date of opening of a new establishment.

[Amended by Ord. No. 15-92]

(19)

Sign program required in conjunction with site plan review, subject to the following:

[Amended by Ord. No. 6-92]

(a)

As part of its submission for preliminary site plan approval, a nonresidential use shall submit a program for signs to the Planning Board. The program for signs shall include identification wall and ground signs proposed for display by the activities within the development.

(b)

The program for signs shall include a visual representation of the lettering, illumination, color, area, height, placement, location and type of signs proposed for display. Where major tenant signs are proposed but the specific tenant or tenants are not known at the time of site plan application, the program for signs shall indicate the general location of sign placement and sufficient information as to sign type, illumination and dimensions, so as to allow the Board to determine that the sign program is reasonably coordinated and will comply with the intent, requirements and standards of these sign provisions.

(c)

The Planning Board shall approve a program for signs if the signs conform to ordinance standards and are appropriate to the architectural character of the building and its site. The Board may apply such restrictions to the sign program as it deems appropriate to color, letter height, sign type, illumination and related features for the purpose of encouraging a coordinated design that promotes a desirable visual environment, good civic design and arrangement, and prevents visual overload.

(d)

Signs subsequently displayed by a nonresidential use must comply with the approved sign program.

(e)

Applicability of sign program. Subsection A(19)(a) to (d), above, shall apply to all applications for preliminary site plan approval submitted to the Board after the effective date of this chapter. Existing buildings, which have received site plan approval prior to the effective date of this chapter, and whose signs conform to ordinance requirements, shall be permitted to maintain those signs or mount conforming signs without submitting a revised site plan. Any alterations made to existing signs shall comply with the applicable provisions of the prior site plan approval regarding signage.

(f)

Signs shall not face a residential area. However, the Board may waive this requirement if it determines that a building cannot otherwise be adequately identified. In such a case, the Board may apply such restrictions to sign design as it deems appropriate to protect the residential area.

(20)

Temporary signs related to special events and special sales. Temporary signs announcing special events or special sales shall be permitted in nonresidential zone districts, on legally preexisting nonconforming uses; and on those uses permitted by a use variance, subject to the regulations provided herein and further provided that temporary freestanding signs and "A" frame (sandwich) signs are not permitted if the permanent sign is equipped with a reader board.

[Amended by Ord. No. 15-92]

(a)

Sign placement and traffic safety.

[1]

No sign shall be placed at any location where by reason of its position, size, shape, color, or content it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal, or device, or where it may interfere with, mislead, or confuse traffic.

[2]

No sign shall use the words "Stop," "Look," "Caution," "Danger," or any similar wording which may confuse or mislead the public.

[3]

No sign, nor any part of a sign, shall obstruct a sight triangle.

[4]

No sign, nor any part of a sign, shall be placed into or extend over any public right-of-way except for those signs announcing a special event sponsored by a government agency which has been approved by the Borough Council of Eatontown.

[5]

No sign or banner shall be mounted higher than the bearing wall in relation to the building roof edge facade or, in the case of a flat-roofed building, the top of the parapet wall of the facade where the sign will be mounted.

[6]

When displayed in a residential zone district, or adjacent to a residential use, a temporary freestanding sign related to special events or special sales shall be located at the maximum practical distance from residential dwellings.

[7]

The minimum letter height on temporary freestanding signs, or "A" frame (sandwich) signs, shall be four inches. This standard shall not apply to the sign permit number or the permit expiration date required to be displayed on the sign face.

(b)

General.

[1]

Prior to the display of any temporary freestanding or "A" frame (sandwich) sign, the applicant desiring to display such sign shall have paid to the Borough a fee of $50 for an annual temporary sign permit. The Zoning Officer shall issue a permit number and an expiration date for the sign which the applicant shall clearly display on the sign face; thereafter, the applicant shall notify the Zoning Officer of the proposed location, size and duration of display of the temporary sign. The permit may be renewed annually for a fee of $50 upon review by the Zoning Officer. Not more than one annual permit shall be issued to a site occupied by a shopping center or development containing multiple tenants or occupants.

[Amended 12-4-2013 by Ord. No. 23-2013; 9-10-2014 by Ord. No. 12-2014]

[2]

No temporary freestanding or "A" frame (sandwich) sign shall be located closer than 10 feet to any property line.

[3]

Signs affixed to certain structures. No sign shall be affixed to any roof, tree, fence, or utility pole nor shall temporary signs be placed upon motor vehicles which are continually or repeatedly parked in a conspicuous location to serve as a sign.

[4]

Animated signs. No animated or moving signs or parts of signs shall be permitted.

[5]

Painted signs. No sign may be painted directly on the surface of any building, wall, fence, or similar structure, except signs may be painted on windows.

[6]

Sparkling or glittering signs. No sign may utilize reflection enhanced or fluorescent colors or contain any material which sparkles, reflects or glitters.

[7]

Flags, pinwheels, or pennants. No advertising flags, pinwheels, or pennants shall be permitted, except that pennants may be used to designate an "open house," grand opening, or change of ownership.

[8]

Multiple sign faces. No temporary sign may contain more than one sign face, except that a double-faced sign having two identical sign faces back-to-back is permitted.

[9]

Illumination. Temporary signs shall not be illuminated.

[10]

Temporary signs on wheels or wheeled vehicles shall not be permitted nor shall any vehicle or trailer be used for the display of a temporary sign in circumvention of this chapter.

[11]

Temporary signs announcing a special event sponsored by a government agency are exempt from temporary sign restrictions and requirements, provided such signs have been approved by the Borough Council of Eatontown.

[12]

Banners which are primarily decorative in nature and not designed to convey a sales message are permitted on light poles within an off-street parking lot during the holiday sales season between November 15 and January 15. Such banners shall be hung vertically pendant from the light poles and shall not be fashioned to create horizontal spans across the parking lot. A decorative banner shall not exceed 30 square feet in area nor exceed three feet in width. Not more than two such banners shall be hung from any one pole.

(c)

Permitted temporary signs.

[1]

Special events signs subject to the following:

[a]

Temporary special events signs may be displayed to announce the following activities on the lot where the activity is to take place:

[i]

Coming events.

[ii]

Grand openings or change or ownership.

[iii]

Civic activities.

[iv]

Not-for-profit events such as picnics, sporting events, carnivals, bazaars, game nights and similar events..

[b]

Such signs may be displayed as:

[i]

A banner affixed flat against a building wall.

[ii]

A temporary freestanding sign.

[iii]

A temporary window sign.

[iv]

A fixed "A" frame (sandwich) sign.

[c]

A special events sign displayed as a banner, temporary freestanding sign, or as a fixed "A" frame (sandwich) sign shall not exceed 15 square feet in area.

[d]

The area of window surface covered by window signage is subject to the restrictions of § 89-96A(15)(b).

[e]

A freestanding or fixed "A" frame (sandwich) special events sign shall not exceed five feet in height.

[f]

Temporary special events signs shall be erected no more than 14 days prior to the event and be removed within three days of the conclusion of the event.

[g]

Temporary special events signs, excluding grand opening signs, shall be subject to the limits on the duration of display as set forth in § 89-96A(15)(b) for window signs and in § 89-96A(20)(c)[3] for banners, temporary freestanding signs, and "A" frame (sandwich) signs.

[h]

The expiration date and number of the temporary sign permit for a freestanding or "A" frame (sandwich) sign must be clearly displayed on the sign front in accordance with the requirements of the Borough Zoning Officer.

[2]

Special sales signs subject to the following:

[a]

Temporary signs announcing a special sale are permitted on the lot where the sale is to take place.

[b]

Such signs may be displayed as:

[i]

A banner affixed flat against a building wall.

[ii]

A temporary freestanding sign.

[iii]

A temporary window sign.

[iv]

A fixed "A" frame (sandwich) sign.

[c]

Special sales signs displayed as a banner, temporary freestanding sign, or as a fixed "A" frame (sandwich) sign shall not exceed 15 square feet in area.

[d]

The area of window surface covered by window signage is subject to the restrictions of § 89-96A(15)(b).

[e]

A freestanding or fixed "A" frame (sandwich) special sales sign shall not exceed five feet in height.

[f]

Special sales signs shall not be displayed more than three days prior to, nor more than three days after, the "sale" event.

[g]

Special sales signs, except for window signs, shall be subject to the limits on duration of display as set forth in § 89-96A(20)(c)[3] for banners, temporary freestanding signs, and "A" frame (sandwich) signs.

[h]

A temporary window sign shall be subject to the limits on duration of display as set forth in § 89-96A(15)(b).

[i]

The expiration date and number of the temporary sign permit for a freestanding or "A" frame (sandwich) sign in accordance with the requirements of the Borough Zoning Officer must be clearly displayed on the sign face.

[3]

Limitation on number and duration of temporary signs displayed. The following limitations apply to temporary special events, special sales signs, and other temporary signs except window signs:

[a]

A site, including shopping centers or buildings containing multiple uses, is permitted to display only one temporary freestanding sign at a time. Such sign may be displayed as a fixed "A" frame (sandwich) sign. Where more than one business or activity exists on site, as on a shopping center, this restriction shall not be construed to entitle each business or activity to simultaneously or to consecutively display individual temporary freestanding signs. The temporary freestanding sign may be utilized for special events, special sales, or other permitted messages.

[b]

The temporary freestanding sign shall not be displayed on a site for more than 90 days per calendar year and at each time for only an interval whose length does not exceed the limits established by ordinance.

[c]

The duration of display of a grand opening sign shall not be debited against the ninety-day limit specified in Subsection A(2)(c)[3][b] above or [d] below.

[d]

Each use on a site, except in a regional enclosed planned shopping center, shall be permitted to display a banner as a special event or special sales sign, provided that the banner shall not be displayed for a continuous period of more than 30 days and further provided that such banners shall not be displayed by such use for a total of more than 90 days in a calendar year. Where more than one use occupies a building, a banner may be displayed only on that portion of the building facade related to the use. Where more than one banner is displayed on a building facade, all such banners shall be mounted at a common height. In a regional enclosed planned shopping center, a banner may be displayed only by an anchor use or by a use which occupies freestanding satellite building. Banners are exempt from sign permit requirements.

[4]

A permit for a temporary freestanding or "A" frame (sandwich) sign regulated under this section shall be obtained prior to its placement pursuant to § 89-96A(20)(b)[1].

[5]

Dimensional limits of temporary freestanding signs. A temporary freestanding sign shall not exceed five feet in height. The following limitations apply to the maximum dimensions permitted of the sign face of a temporary "A" frame (sandwich) sign and other temporary freestanding signs:

[a]

An "A" frame (sandwich) sign face shall not exceed the following dimensions:

[i]

Three feet horizontally.

[ii]

Five feet vertically.

[b]

A temporary freestanding sign face shall not exceed the following dimensions:

[i]

Three feet vertically.

[ii]

Five feet horizontally.

Permitted exceptions. Any sign, symbol or device erected and maintained by or required to be erected and maintained by others by state and federal statute or regulations shall be exempt from the provisions of this chapter.

[Amended by Ord. No. 15-92]

Handheld signs or costumed characters with signs promoting a business.

[Added 11-5-2015 by Ord. No. 12-2015]

(1)

Handheld signs shall only be displayed in order to promote or advertise a special event or sale, and shall not be displayed for more than two days prior to the special event or sale, and during the day of the special event or sale. Prior to the display of a handheld sign, the applicant desiring to display such sign shall apply to the Zoning Officer for a permit. The applicant shall include a list of the names of the person(s) who will be holding the sign. Upon approval of the application, the Zoning Officer shall issue a permit number and an expiration date for the permit which the applicant shall clearly display on the sign face. The fee for issuance of a handheld sign permit shall be in accordance with § 89-104.

(2)

Handheld sign permits shall only be issued in the Borough's nonresidential districts. A business may not obtain more than 12 handheld sign permits each calendar year, and may not display signs pursuant to a handheld sign permit for more than a total of 36 days in a calendar year.

(3)

Handheld signs shall only be displayed during the regular business hours of the business which the sign is promoting.

(4)

Handheld signs shall only be displayed on the property of the permitted business. Handheld signs shall not be displayed on any state right-of-way, unless the business receives a permit from the state authorizing such display. Upon request from the Borough of Eatontown, the business shall provide the Borough with a copy of the state sign permit.

(5)

Handheld signs permitted by this article shall be limited to either signs that are held in the hands of a person, or signs that are worn by a person, Handheld signs shall not include any freestanding ground signs. If an applicant intends to place the sign upon the ground rather than upon a person, then such business shall apply for a permit for a temporary sign pursuant to Borough Code § 89-96A(2). If a sign permitted pursuant to this article is displayed on the ground then it shall be a violation of this chapter.

(6)

The display of handheld signs shall not obstruct vehicle or pedestrian traffic, or otherwise interfere with public safety. All persons holding a permitted sign shall act in a professional and courteous manner.

(7)

During periods of limited visibility due to weather-related conditions or other emergencies, at the discretion of the Borough, such signs shall be prohibited.

(8)

Handheld signs shall not include any animation, moving parts or illumination.

(9)

Handheld signs shall not exceed three feet by five feet in dimension.

§ 89-97 Permitted signs.

Signs permitted in all zoning districts. The following signs shall be permitted in all zoning districts:

(1)

One nonilluminated temporary ground sign pertaining to the lease, rental or sale of the same lot or building upon which it is placed. Such sign shall not exceed four square feet in area on any one side for residential properties or 12 square feet on any one side for nonresidential properties and shall be erected or displayed not less than five feet inside of the property line. Such signs must be removed from the premises within seven days after the property is sold or leased. Not more than one sign shall be permitted for each street contiguous to the premises. Temporary real estate signs are exempt from sign permit requirements.

[Amended by Ord. No. 5-82; Ord. No. 15-92]

(2)

Parking lot markers, permanent directional signs, traffic control signs, and entrance or exit signs may be erected on the same premises as the use to which they apply, provided that each such sign does not exceed three square feet in area and the number and location of such signs are approved by the Planning Board. In determining such approval, the Planning Board shall be guided by the degree to which such signs contribute to the public safety, in addition to their advertising value.

[Amended by Ord. No. 5-82]

(3)

For places of worship, one ecclesiastical, changeable letter ground sign which may be illuminated, not over 10 square feet in area, referring to services and events to be held on the premises, provided that such sign is erected or displayed not less than five feet inside of the property line.

[Amended by Ord. No. 5-82]

(4)

One nonilluminated identification ground sign may be erected for golf courses, cemeteries, hospitals, philanthropic or eleemosynary organizations and nursing home uses in the residential zones in which they are permitted. Such signs shall not exceed 25 square feet in area on either side nor a height of 12 feet.

[Amended by Ord. No. 5-82]

(5)

Temporary signs directing vehicular and pedestrian traffic around construction areas may be erected as needed on a construction site. Such signs shall not exceed 15 square feet in area. Temporary directional signs are exempt from sign permit requirements.

[Amended by Ord. No. 15-92]

Signs permitted in residential districts. The following signs shall be permitted in residential districts:

[Amended by Ord. No. 5-82]

(1)

One or the other of the following two types of signs shall be permitted on each lot:

(a)

One wall or ground identification sign which may be illuminated but shall not exceed 10 inches by 24 inches in dimension; or

(b)

One wall or ground identification sign which may be illuminated but shall not exceed three square feet in area on either side and two feet in height above the ground level, indicating a home professional office.

(2)

Multiple-family dwelling structures may maintain:

(a)

One wall identification sign which may be illuminated but shall not exceed 10 square feet in area.

(b)

One ground identification sign which may be illuminated but shall not exceed 25 square feet in area on either side nor a height of 12 feet.

Signs permitted in B-1 Business District. The following signs shall be permitted in the B-1 Business District:

(1)

The following signs may be permitted on each building:

(a)

One identification wall sign may be erected on one facade of a building except as provided below:

[Amended by Ord. No. 5-82; Ord. No. 15-92]

[1]

Where a building has a public entrance on more than one facade and such entrance provides access for the general public directly from a parking lot or public street, one identification wall sign, as regulated herein, shall be permitted on each facade with such a public entrance.

[2]

Notwithstanding the provisions of Subsection C(1)(a)[1], above, the Planning Board, pursuant to site plan review and approval of a sign program for the building, may permit signs on more than one facade of a building, including those facades that lack a public entrance, if the applicant demonstrates and the Board finds that such additional signage promotes a community interest in facilitating the identification of a building as seen by the traveling public from the right-of-way giving access to the site. When the Board approves additional identification wall signs, not more than one identification wall sign may be displayed on any one (building) facade.

[3]

No identification wall sign shall exceed an area equal to 10% of the area of the first-floor facade of the one wall of the building upon which it is erected.

(b)

Where one building is occupied by more than one use, more than one identification wall sign may be erected. The number of signs shall not exceed the number of uses within the structure except as modified herein. All such signs shall be on the same wall, except pursuant to Subsection C(1)(a)[1], preceding, where a building has a public entrance on more than one facade, a sign for each use is permitted on each facade with the public entrance for that use. Where Planning Board approval is granted pursuant to Subsection C(1)(a)[2], preceding, for additional signs on facades without public entrances, not more than one sign per use is permitted on the facade approved for such signage. The sum of their areas shall not exceed the 10% limit of Subsection C(1)(a)[3] preceding. The height dimension of all signs shall be common, and the height above ground of all signs shall be common.

[Amended by Ord. No. 5-82; Ord. No. 15-92]

(c)

Service stations in the B-1 Business District may be permitted one identification ground sign which does not exceed a total of 25 square feet in area on either side nor a height of 25 feet. The sign may be illuminated but shall not be located closer than 10 feet to any side property line nor closer than 25 feet to the front property line.

[Amended by Ord. No. 5-82]

(d)

Service stations in the B-1 Business District may be permitted an additional freestanding price sign which does not exceed a total of 12 square feet in area on either side nor a height of 15 feet. The sign must be permanently affixed and may not be illuminated. The sign shall not be located closer than 10 feet to any side property line nor closer 10 feet to the front property line. Such sign shall have letters and numerals which are uniform in size which shall not exceed 13 inches in height and may be displayed on both sides of the sign.

[Amended by Ord. No. 5-82]

(e)

Soft awnings, with lettering limited to the valance of the awning or, on awnings without a valance, to the lowest 12 inches of the awning face, are permitted over the first floor of a building facade. Such awnings with lettering shall be permitted in addition to the permitted wall identification sign. Awnings shall adhere to the following:

[Amended by Ord. No. 15-92]

[1]

They shall not project more than six feet from the building face and shall be not closer than one foot to a curbline.

[2]

They shall not be lower than seven feet above grade and shall terminate against the building at a height not to exceed 14 feet above the pavement.

[3]

Where the awning overhangs a right-of-way under the jurisdiction of a public agency other than the Borough of Eatontown, it shall be the responsibility of the applicant to obtain the required approval of such agency.

(2)

At doorways serving as an entrance to commercial activities, one directory of occupants sign may be erected. The sign may be illuminated. The sign shall be a wall sign. The area of such sign shall not exceed two square feet per occupant or a total of eight square feet, whichever is less.

[Amended by Ord. No. 5-82]

Signs permitted in B-2, B-2MH, B-3, B-4, M-B and M-BR Districts. The following signs shall be permitted in the B-2, B-2MH, B-3, B-4, M-B and M-BR Districts:

[Amended by Ord. No. 5-82; Ord. No. 16-88; Ord. No. 15-92; Ord. No. 03-2001]

(1)

One of each of the following signs may be permitted with each building:

(a)

In all buildings one identification wall sign may be erected on one facade of a building except as provided below:

[1]

[2]

Notwithstanding the provisions of Subsection D(1)(a)[1], above the Planning Board, pursuant to site plan review and approval of a sign program for the building, may permit signs on more than one facade of a building, including those facades that lack a public entrance, if the applicant demonstrates and the Board finds that such additional signage promotes a community interest in facilitating the identification of a building as seen by the traveling public from the right-of-way giving access to the site. When the Board approves additional identification wall signs, not more than one identification wall sign may be displayed on any one building facade.

[3]

No identification wall sign shall exceed an area equal to 10% of the area of the first-floor facade of the one wall of the building upon which it is erected. The sign may be illuminated.

[4]

For restaurant uses only, the identification wall signage permitted may include a reader board subject to the following: the identification ground sign, pursuant to Subsection D(1)(c) below, does not contain a reader board; the sum of the area of the reader board and identification wall sign does not exceed the 10% area limit of Subsection D(1)(a)[3], above; the area of the reader board does not exceed 40% of the sum of the area of the reader board and identification wall sign; the restaurant displays no other temporary signs (except that grand opening signs are permitted); and the reader board is displayed in conjunction with and at a common height with the identification wall sign otherwise permitted by this chapter.

[5]

(Reserved)

[6]

In the MB/R Business/Retail Overlay District, wall identification signs in a planned commercial development shall be limited to channel letters.

(b)

Buildings occupied by more than one use.

[1]

Except in a regional enclosed planned shopping center, which is subject to Subsection D(1)(b)[2], below, where one building is occupied by more than one use, more than one identification wall sign may be erected. All such signs shall be on the same wall, except as modified by Subsection D(1)(a)[1], preceding, where a building has a public entrance on more than one facade, a sign for each use is permitted on each facade with the public entrance for that use. Where Planning Board approval is granted for additional signs pursuant to Subsection D(1)(a)[2], preceding, not more than one sign per use is permitted on the facade approved for such signage. The sum of their areas shall not exceed the 10% limit of Subsection D(1)(a)[3], preceding. The height dimension of all signs shall be common and the height above ground of all signs shall be common. The number of signs shall not exceed the number of uses within the structure except as modified in Subsection D(1)(a)[1], [2] and [4], preceding.

[2]

In a regional enclosed planned shopping center, the following regulations shall apply:

[a]

All signs located within interior completely enclosed common areas and common walkways within any such regional planned shopping center, shall be within the discretion of the developer or landlord, provided that the placement of said signs are not hazardous or injurious to the public.

[b]

Where a building exists as a satellite, detached from the central structures as contained in a regional enclosed planned shopping center, the regulations are set forth in § 89-97D(1)(a) shall apply.

[c]

Where there exists a detached satellite building, separate and apart from the central structures as contained in a regional enclosed planned shopping center, but where there exists more than one use, one identification wall sign except as modified by Subsection D(1)(a)[1], preceding, may be erected per use, provided that such signs meet the following requirements:

[i]

Each identification sign must be placed on a wall where an entrance to that particular use identified by said sign is provided, except as modified by Subsection D(1)(a)[2], preceding.

[ii]

The sum of the area of the signs on any one wall shall not exceed 10% of the area of the first-floor facade of the one wall of the building upon which it is erected. The signs may be illuminated.

[iii]

The height dimensions of all signs shall be common and the height above ground of all signs shall be common. The number of such signs shall not exceed the number of uses within the structures, except as modified by Subsection D(1)(a)[1] or [2], preceding.

[d]

Where there exists a use attached to or contained in the main structure of an enclosed regional planned shopping center, but where such use does not have an entrance off the enclosed interior common areas, said use shall be permitted to have one identification wall sign on one facade of the building, except as modified by Subsection D(1)(a)[1], or [2] or [4], preceding.

[e]

Signage proposed in conjunction with the exterior of an enclosed regional planned shopping center shall be approved as part of a comprehensive sign program by the Planning Board, pursuant to § 89-96A(19).

[i]

The comprehensive sign program shall include a plot plan showing the location of all buildings and site improvements including existing and proposed freestanding signs.

[ii]

Architectural building elevations shall be provided and shall visually represent all existing and proposed wall signs.

[iii]

The information submitted for the sign program shall include a visual representation of the sign lettering, color, area, height, placement, location and illumination of the signs proposed for display.

[iv]

The sign program shall be appropriate to the purpose of promoting and maintaining a desirable visual environment.

[v]

Signs displayed on the exterior of the regional enclosed planned shopping center shall comply with the program for signs as approved by the Planning Board.

[f]

A wall identification sign identifying the name of a regional enclosed planned shopping center is permitted at each common exterior shopping center entrance to the enclosed mall in accordance with an approved comprehensive sign program. No more than 100 square feet of the area of each sign shall be used for the display of the lettering. When designed as an integral architectural feature of the entrance, the sign may include the use of the regional shopping center graphic symbol, logo, or mark. No exterior shopping center sign shall indicate the uses within the center, except that anchor uses, food service uses, and department stores may be identified by a wall identification sign as depicted on the approved comprehensive sign program.

[g]

Parking lot directional and site entrance signs are permitted in conjunction with regional enclosed planned shopping centers in the B-3 Zone upon approval by the Planning Board of a site plan showing their number and location.

[i]

A parking lot directional sign shall be for interior direction only and shall be no larger than 50 square feet in area, no more than nine feet in height, and shall identify department stores, other anchor uses, food service areas, and sit-down restaurants only. Parking lot directional signs shall utilize a standard typeface and letter sizes throughout the shopping center parking lot. Letter height shall not be less than six inches.

[ii]

Site entrance signs are permitted to be located at access drives from a public road. A site entrance sign shall be no larger than 30 square feet in area, no more than six feet in height, and shall be limited to site entrance identification only. A site entrance sign larger than three square feet shall be setback a minimum of 10 feet from a property line. Where entrance signs face a residential zone district, the Board may assign special conditions to assure compatibility with the residential environment.

[h]

Identification ground signs are permitted in conjunction with regional enclosed planned shopping centers upon approval by the Planning Board of a site plan showing the sign location and details. Identification ground signs may be constructed either in accordance with Subsection D(1)(c)[2], below, or the following:

[i]

Not more than two identification ground signs are permitted. One sign may be identified as a primary identification sign and one sign may be identified as a secondary identification sign. The combined area of the signs, as measured on one side of each sign, shall not exceed 450 square feet and no sign face shall exceed 350 square feet.

[ii]

A reader board, or an electronic message board, not to exceed 100 square feet in area, may be included as part of the signage of either or both identification ground signs.

[iii]

The permanent sign message may identify the anchor uses of the shopping center.

[iv]

The primary sign height shall not exceed 40 feet. The secondary sign shall not exceed 30 feet.

[v]

The signs may be illuminated.

[vi]

An identification ground sign shall not be located any closer than 50 feet to any property line nor shall it abut a residential district.

(c)

One identification ground sign which does not exceed a total of 25 square feet in area on either side nor a height of 25 feet, provided that the area of the sign may be increased to 40 square feet on either side if such sign incorporates a reader board which does not exceed 50% of the sign face. The message displayed on the reader board of a sign shall not be changed more than once in any twenty-four-hour period. The sign may be illuminated but shall not be located closer than 10 feet to any side property line nor closer than 25 feet to the front property line, except that:

[1]

In a planned shopping center in the B-4 Zone, an identification ground sign shall not exceed a height of 12 feet and shall not be located closer than 25 feet to any property line.

[2]

In a planned shopping center in the B-3 Zone, an identification ground sign may have an area not greater than 150 square feet of area on either side and a maximum height of 30 feet. One such sign may be erected for each 500 feet of frontage. The said sign or signs may not designate individual tenants and in no event shall there be more than three signs permitted for any one center. Such signs may be illuminated but shall not be located closer than 50 feet to any property line nor closer than 200 feet to a residential zone.

[3]

Where a sign incorporates a reader board, no temporary freestanding or fixed "A" frame (sandwich) type signage shall be permitted.

[4]

In the B-2 Business Zone and MB/R Manufacturing Business/Retail Overlay Zone, the ground identification sign shall be a monument sign. No reader board or changeable message display shall be permitted on the sign. The monument sign shall be permitted in the front yard open space or yard area fronting a public thoroughfare and is subject to the following criteria:

[a]

The monument sign area shall be a maximum of 32 square feet plus two square feet per every 50 linear feet of street frontage with a maximum area of 80 square feet. The area of a monument sign, which is supported by a base that is architecturally distinct from the sign, shall not include the area of the base. The maximum height of the sign, inclusive of base, shall be five feet. The height of the sign shall be measured from the top edge of the sign to the average finished grade of the ground below the sign and/or base. Landscaping, consisting of flowers, ornamental ground cover, or shrubbery or combination of the same shall be provided and maintained in a bed at the base of the sign in accordance with a landscaping plan approved by the municipal agency.

[b]

The monument sign shall be located a minimum of 10 feet behind the property line.

[c]

Monument sign lettering in the MB/R Overlay Zone shall be limited to channel letters.

(d)

Service stations in the B-2, B-2MH, B-3, B-4 and MB districts may be permitted an additional freestanding price sign which does not exceed a total of 12 square feet in area on either side nor a height of 15 feet. The sign must be permanently affixed and may not be illuminated. The sign shall not be located closer than 10 feet to any side property line nor closer than 10 feet to the front property line. Such sign shall have letters and numerals which are uniform in size which shall not exceed 13 inches in height and may be displayed on both sides of the sign.

(2)

At doorways serving as an entrance to more than one commercial or industrial activities, one directory of occupants sign may be permitted. Such sign shall be erected on a wall and may be illuminated. The area of such sign shall not exceed two square feet per occupant listed thereon or a total of eight square feet, whichever is less.

Signs permitted in M-1, M-2 and PBO-200.

[Amended by Ord. No. 5-82]

(1)

The following signs shall be permitted in the M-1, M-2 and PBO-200 districts:

[Amended by Ord. No. 15-92]

(a)

One identification wall sign may be erected on one facade of a building except as provided below:

[1]

[2]

Notwithstanding the provisions of Subsection E(1)(a)[1], above, the Planning Board pursuant to site plan review and approval of a sign program for the building, may permit signs on more than one facade of a building, including those facades that lack a public entrance, if the applicant demonstrates and the Board finds that such additional signage promotes a community interest in facilitating the identification of a building as seen by the traveling public from the right-of-way giving access to the site. When the Board approves additional identification wall signs, not more than one identification wall sign may be displayed on any one building facade. An existing use which already displays an identification wall sign shall not be permitted to display additional signs except pursuant to Planning Board approval of an amended site plan.

[3]

No identification wall sign shall exceed an area equal to 10% of the area of the first-floor facade of the one wall of the building upon which it is erected.

(b)

Where one building is occupied by more than one use, more than one identification wall sign may be erected. All such signs shall be on the same wall, except pursuant to Subsection E(1)(a)[1], preceding, where a building has a public entrance on more than one facade, a sign for each use is permitted on each facade with the public entrance for that use. Where Planning Board approval is granted for additional signs pursuant to Subsection E(1)(a)[2], preceding, not more than one sign per use is permitted on the facade approved for such signage. The sum of their areas shall not exceed the 10% limit of Subsection E(1)(a)[3], preceding. The height dimension of all signs shall be common, and the height above ground of all signs shall be common. The number of such signs shall not exceed the number of uses within the structure.

(c)

One identification ground sign which does not exceed a total of 25 square feet in area on either side nor a height of 12 feet. The sign may be illuminated but shall not be located closer than 10 feet to any side property line nor closer than 25 feet to the front property line.

(2)

(Reserved)

Signs permitted in PBO-88 District. The following signs shall be permitted in the PBO-88 District:

(1)

One of each of the following signs may be permitted on each building:

[Amended by Ord. No. 5-82; Ord. No. 15-92]

(a)

One identification wall sign may be erected on one facade of a building except as provided below:

[1]

[2]

Notwithstanding the provisions of Subsection G(1)(a)[1], above, the Planning Board, pursuant to site plan review and approval of a sign program for the building, may permit signs on more than one facade of a building, including those facades that lack a public entrance, if the applicant demonstrates and the Board finds such additional signage promotes a community interest in facilitating the identification of a building as seen by the traveling public from the right-of-way giving access to the site. When the Board approves additional identification wall signs, not more than one identification wall sign may be displayed on any one building facade.

[3]

No identification wall sign shall exceed an area equal to 5% of the area of the first-floor facade of the one wall of the building upon which it is erected.

(b)

Where one building is occupied by more than one use, more than one identification wall sign may be erected. All such signs shall be on the same wall, except pursuant to Subsection G(1)(a)[1], preceding, except where a building has a public entrance on more than one facade, a sign for each use is permitted on each facade with the public entrance for that use. Where Planning Board approval is granted for additional signs pursuant to Subsection G(1)(a)[2], preceding, not more than one sign per use is permitted on each facade approved for such signage. The sum of their areas shall not exceed the 5% limit of Subsection G(1)(a)[3], preceding. The height dimension of all signs shall be common, and the height above ground of all signs shall be common. The number of such signs shall not exceed the number of uses within the structure.

(c)

One identification ground sign which does not exceed a total of 25 square feet in area on either side nor a height of 25 feet, provided that the area of the sign may be increased to 40 square feet on either side if such sign incorporates a reader board which does not exceed 50% of the sign face. The sign may be illuminated but shall not be located closer than 10 feet to any side property line nor closer than 25 feet to the front property line. Where a sign incorporates a reader board display, no temporary freestanding, "A" frame or sandwich type signage shall be permitted.

Signs permitted in BP-1 and BP-2 districts. The following signs shall be permitted in the BP-1 and BP-2 districts:

[Amended by Ord. No. 6-92]

(1)

Identification wall signs, subject to the following:

[Amended 12-4-2013 by Ord. No. 23-2013]

(a)

The number of signs per building shall not exceed two identification wall signs per building wall facing a street or parking area, but not more than three per building. This message is limited to either the building name and street number or the building logo and street number. Alternatively, a building may be identified on a facade facing a street or parking area by one sign for each major tenant as determined by the landlord. The tenant must occupy space within the building. The Planning Board, pursuant to site plan review and approval of the sign program for the building, may permit such signs on more than one facade if the applicant demonstrates, and the Board finds, that such additional signage promotes a community interest in facilitating the identification of the building as seen by the traveling public from the right-of-way giving access to the site. Where the Board approves additional identification wall signs, or, in the alternative, signs for a major use, not more than one identification wall sign, or, in their alternative two major occupant signs, may be displayed on any one facade.

(b)

All identification wall signs shall be subject to the following:

[1]

The sign location shall be approved by the Planning Board as part of a site plan and the sign details shall be approved by the Planning Board or its designated subcommittee for the review of sign details.

[2]

The maximum permitted cumulative area of identification wall signs in the BP-1 Zone and the BP-2 Zone shall be 10% of the area of the first-floor facade of the one wall on which the sign is mounted. If two major tenant signs are permitted in accordance with Subsection H(1)(a), above, then neither sign shall exceed 5% of the first-floor facade area and each sign shall be reasonably related to one another in terms of their dimensions and proportions.

[3]

The sign shall be located no higher on a building facade than the top of the bearing wall in relation to the roof edge or, in the case of a flat-roofed building, the top of the parapet wall of the facade where the sign will be mounted. Signs shall be mounted only on flat building wall surfaces. No sign shall be mounted in a location where it interferes with any building wall projection, relief, cornice, column, change of building material, window or door opening, or other sign.

(2)

Identification ground signs, subject to the following:

[Amended 12-4-2013 by Ord. No. 23-2013]

(a)

One identification ground sign shall be permitted for each building. The identification ground sign shall contain the building street number in numbers not less than eight inches high. The sign message permitted shall be further limited as follows:

[1]

Where the identification wall sign to be displayed on the building is the building name or building logo, then the identification ground sign message shall be limited to the building name or building logo.

[2]

Where the identification wall sign to be displayed is the use or uses, as determined by the landlord, then the identification ground sign may contain either the business name or names of those uses or the business logo or logos of those uses.

(b)

Maximum height:

[1]

Four feet, except that this may be increased to six feet if the base of the sign is landscaped in accordance with the landscape plan approved pursuant to site plan review.

[2]

The maximum height of signs displayed on frontage along a four-lane divided highway shall be 12 feet.

(c)

The maximum area permitted for an identification ground sign is 50 square feet.

(d)

Setbacks. The minimum side yard setback shall be 10 feet. The minimum front yard setback shall be 25 feet.

(e)

Spacing of sign on the same side of the street. No sign greater than 25 square feet in area shall be located closer than 100 feet to another sign greater than 25 square feet in area located on the same side of the street.

(3)

Directory of occupancy signs, subject to the following: At doorways serving as an entrance to more than one commercial or industrial activity, one directory of occupants sign may be permitted. Such sign shall be erected on a wall and may be illuminated. The area of such sign shall not exceed two square feet per occupancy listed thereon or a total of eight square feet, whichever is less. The tenant shall apply for signage as part of the zoning permit process.

[Amended 12-4-2013 by Ord. No. 23-2013]

(4)

Individual exterior entrance signs, subject to the following: Where a building has been designed with individual exterior entrances that provide direct access to each business occupant of the building, such building shall be permitted an identification wall sign whose message is limited to the number and name of the building complex. Each business occupant shall be permitted one identification sign located adjacent to its exterior entrance. The sign shall be no greater than three square feet in size and may contain only the building number and name and logo of the business. The tenant shall apply for signage as part of the zoning permit process.

[Amended 12-4-2013 by Ord. No. 23-2013]

(5)

Directional and park identification signs, subject to the following:

(a)

A business park in the BP-1 and BP-2 districts may erect a comprehensive system of directional and park identification signs in accordance with a site plan approved by the Planning Board. Directional signs may be located at approved locations on internal roadways in the park. Park identification signs may be located at main entry points at approved locations and the Board may require that such signs be appropriately set back from the street right-of-way line. See § 89-4 of this chapter for the definition of a business park.

(b)

The maximum area of each directional sign shall be 10 square feet. The maximum area of each park identification sign shall be 80 square feet.

(c)

The maximum height of any directional sign shall be 2 1/2 feet above grade. The maximum height of any park identification sign shall be five feet above grade or six feet above grade if the base of the sign is landscaped.

(d)

The message on any directional sign shall be limited to street names and directional arrows. Advertising messages shall not be permitted on any directional sign. Letter height or number height shall be a minimum of eight inches.

(e)

Each park identification sign may contain the name and logo of the business park and the street name on which it is located.

(f)

No directional or park identification sign shall be located closer than 50 feet to any residential zone.

(g)

Directional signs may be located in the right-of-way, subject to approval by the Borough Council. The maintenance of such signs shall be the responsibility of the organization authorized to erect them. In no case shall a park identification sign obstruct any sight triangle or be located within a public right-of-way.

(h)

All directional or park identification signs within a business park shall be constructed of the same materials and be of uniform colors, construction and letter style.

(6)

All buildings within the BP-1 and BP-2 districts shall be adequately identified.

(7)

Illumination of signs. Spotlights or other types of artificial lighting used to illuminate signs shall not emit beams of light that extend beyond the vertical plane of the sign that they illuminate, and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation areas, or spill over the top or around the sides of the building.

Signs, LED, shall be permitted in all nonresidential and nonhistoric districts based on the following regulations:

[Added 12-4-2013 by Ord. No. 23-2013]

(1)

Signs with digital, electronic, LED or changeable copy, and multiple message signs, shall be permitted, provided that the dwell time for each message or message board it not less than one minute. A message change shall be accomplished completely within two seconds.

(2)

The advertising surface may be externally illuminated from dusk until 11:00 p.m. Lighting fixtures shall be directed so as not to cause glare on any street or building.

(3)

The signs should not exceed 10 to 80 nits illumination during evening hours. In no case should any signage be lit greater than 10 times the existing highway lighting during evening hours.

(4)

Additional brightness will not attract more attention, and may present a hazard to motorists on adjacent roadways per The Illuminating Engineering Society of North America (IESNA).

(5)

If an electronic sign malfunctions, the sign must be turned off immediately.

§ 89-98 Administration.

Registration of existing signs. Unless already registered under the previous Sign Ordinance of the Borough of Eatontown,[1] within 90 days of the effective date of this chapter all signs of more than eight square feet in area shall be registered with the Zoning Officer, by submission of a sketch of the sign showing its dimensions and the distance between the sign and all property lines, ground level and buildings. The date of construction or erection of the sign shall also be provided. Any sign which is determined to have been constructed or erected in violation of the regulations existing at the time of its construction or erection without the granting of specific variance from such regulations by the Board of Adjustment shall be altered, reconstructed, removed or otherwise changed to meet the standards of this chapter within one year of the effective date of this chapter.

[1]

Editor's Note: See Ch. 270, Signs, of the Code of the Borough of Eatontown.

Permits.

(1)

Permits shall be required for all signs greater than eight square feet in area.

(2)

Any person, firm or corporation desiring to procure a permit to maintain a sign in the Borough of Eatontown shall file with the Zoning Officer a written application which shall contain an accurate description of the location or proposed location where said sign is to be erected and a diagram of each sign that the applicant desires to erect, alter, locate or relocate, use or maintain. Such description shall include the size of the sign; the materials of which it is to be constructed; and its relationship to all property lines, ground level and buildings. The application shall be signed by the applicant who shall also indicate his post office address and supply any and all information that the Zoning Officer may reasonably require in order to properly determine whether the proposed sign complies with the provisions of this chapter. The issuance of a permit to maintain a sign shall in no way supplant the need for a building permit where such a permit is required.

Revocation of permit.

(1)

A permit to erect or maintain a sign may be revoked for any one or more of the following causes:

(a)

Whenever the application used in obtaining a permit is knowingly false or misleading.

(b)

Whenever any of the provisions of this chapter are violated.

(c)

Whenever a licensed structure is not being maintained in a safe, sound and good condition.

(2)

No permit will be revoked until a five-day notice has been given the permittee, which five-day notice shall be served either personally or by first-class mail. The Zoning Officer, if requested in writing within the five-day period by the permittee, shall conduct a hearing to determine whether or not the permit should be revoked.

(3)

Upon revocation the permittee shall remove the sign, advertising structure or space within 30 days of written notification of the revocation, unless an appeal is initiated within the 30 days.

Permit identification tags. The Zoning Officer shall issue a tag for each sign, which shall be permanently attached to and displayed on each sign or structure so that it may be readily ascertained that a permit to maintain the sign has been issued.

Appeals. Any person, firm or corporation that claims a special hardship by reason of any denial, revocation or other ruling which has been imposed by the Zoning Officer may appeal to the Board of Adjustment. In the event that the appeal is in conjunction with a revocation of permit, removal shall not be required until the Board of Adjustment has rendered its decision. In the event that the action of the Zoning Officer is upheld, the permittee shall remove the sign within 30 days of the decision of the Board of Adjustment.

[2]The provisions of this article are the minimum requirements for promotion of health, safety and public welfare and whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern. Notwithstanding this, nothing in this article shall be construed to interfere with any permit rights granted by the State pursuant to the New Jersey Roadside Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq.

[Added 11-5-2015 by Ord. No. 12-2015]

[2]

Editor’s Note: Former Subsection F, added 11-5-2015 by Ord. No. 12-2015, which required that a permit be obtained prior to the erection or construction of a billboard within the Borough, was repealed 12-27-2017 by Ord. No. 10-2017. This ordinance also provided for the redesignation of former Subsections G through I as Subsections F through H, respectively.

The provisions of this article shall be enforced by the Eatontown Police Department and/or the Eatontown Special Code Enforcement Officer.

[Added 11-5-2015 by Ord. No. 12-2015]

Any person, firm or corporation violating any provision of this article shall upon conviction be subject to a fine not exceeding $2,000 or the maximum allowable under N.J.S.A. 40:49-5, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days or any combination thereof. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.

[Added 11-5-2015 by Ord. No. 12-2015]