[Amended by Ord. No. 5-82]
A. General regulations
(1) 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:
[ii] Grand openings or change or ownership.
[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.
[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.
[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:
[b] A temporary freestanding sign face
shall not exceed the following dimensions:
B. 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]
C. 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.