Borough of Sea Bright, NJ Article XI Signs

[Amended 4-17-1989; 5-16-1995 by Ord. No. 15-95]

§ 130-62 Applications.

Applications for all signs shall be made to the Construction Official with a sketch showing the size, design, location and any other information that may be requested by the Construction Official. All applications for signs will be subject to the approval of the Construction Official.

§ 130-63 General regulations.

A. No sign or advertising structure will be erected or maintained within the Borough, except in conformance with the provisions of this chapter without the issuance of a sign permit from the Construction Official.

B. No sign or advertising structure will 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 direction sign or other traffic safety or control device of general traffic safety.

C. No sign or advertising structure will be erected, maintained or lighted in a manner to interfere with traffic upon any public right-of-way or the peaceful or quiet enjoyment of any adjacent property.

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

E. No sign or advertising structure will include any neon-lighted sign, flashing, blinking or series light or any rotating or moving parts.

F. No sign or advertising structure will 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.

G. No sign in the Borough regulated under this chapter will exceed a height of 20 feet (measured from the ground to the top of the sign structure) nor shall any sign, other than signs in conjunction with single-family dwellings, restrict vision other than by structural supports within the area between two feet and eight feet above the ground.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

H. A sign will 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.

I. The limitations of sign area as set forth by this chapter for the nonresidential zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs erected on the premises, provided that such signs do not exceed four square feet in the area and do not contain any advertising of the use on the premises.

J. No temporary signs, including signs placed in the window of any building, shall be permitted, except that:

(1) In conjunction with site plan approval, the Planning Board may permit a temporary sign indicating that there will be future development of the property. 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 that one year from the date that the permit to erect said temporary sign was issued.

(2) Temporary paper signs shall be permitted in the windows of commercial establishments, provided that the sign does not exceed 20% of the total window area (said window area to be determined by use of windows facing one street only) and does not remain in use beyond the event which is the subject of the advertisement or more than 30 days, whichever is shorter.

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

K. Windows. All windows exposed to public view shall be kept clean and free of marks and 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 rendering of the windows. All screening of the interior of the windows shall be maintained in a clean and attractive manner and in good state of repair.

L. Window lettering/decorative painting. Lettering or decorative painting directly on windows shall comply with the requirements of temporary paper signs, except that if the lettering is intended to remain permanently, then it shall comply with § 130-64B(1) and be considered a facade sign.

M. The limitations of signs as set forth for the various zones by this chapter shall not apply to any sign or directional device erected by the federal, state, county or local government or agency thereof.

N. The use of flag, streamers, balloons and banners is prohibited other than for a period of 14 days from the date of opening of a new business or the same business under new ownership.

O. One nonflashing, nonilluminated temporary sign pertaining to the lease, rental or sale of the same lot building upon which it is placed and not exceeding four square feet in area is permitted, provided that such sign is erected for display not less than 10 feet inside a property line or within a building. The sign must be removed from the premises within seven days after the property is sold.

P. Signs will not be permitted to be attached at right angles to a building.

Q. Vacated signs. Signs advertising an establishment or use no longer in existence will not be permitted.

R. Portable business signs.

[Added 9-1-2009 by Ord. No. 18-2009]

(1) Permit required; general requirements.

(a) An annual permit along with an annual permit fee of $75 is required for the installation of any portable sign which will be valid for one calendar year beginning January 1 and ending December 31. Business owners shall sign a disclaimer that indemnifies the Borough of any liability for use of the public right-of-way.

(b) A site plan/survey with a sketch or photograph including dimensions, content, materials and location of the portable sign must be attached to the permit application. The permit application must be approved and signed by the Zoning Officer before the portable sign may be displayed.

(c) The portable sign shall not obstruct pedestrian movement.

(d) The portable sign shall be brought indoors when the business is closed.

(e) Portable signs shall be maintained in a safe condition and in good repair.

(2) Number of signs. One portable business sign, limited to sandwich boards, pedestal signs, A-frame signs, and wind/spring signs, shall be allowed for each business.

(3) Area. Signs shall not exceed an area of six square feet per face including any border or trim, and there shall be no more than two faces. Businesses with a minimum of 40 feet of frontage on Ocean Avenue shall be permitted a twelve-square-foot-per-face sign including any border or trim and there shall be no more than two faces.

(4) Height. Sandwich board signs and A-frame signs shall not extend more than three feet above the ground on which it is placed. Pedestal signs shall not extend more than four feet above the ground on which it is placed. A freestanding wind/spring sign shall not extend more than five feet above the ground on which it is placed.

(5) Placement. No portable business sign shall be constructed and placed so as to interfere with pedestrian ingress and egress. Portable signs placed in violation of this section will result in immediate removal of the sign and the business's temporary sign permit privileges will be denied for the remainder of that year. Portable signs displayed without approved permits shall be disposed of at owner's expense. Portable signs placed within the public right-of-way may be moved/removed by the Borough for municipal purposes (i.e., code enforcement, snow removal, traffic issues, maintenances, public health and safety matters, etc.).

(6) General limitations. Signs shall be anchored, supported, or designed as to prevent tipping over and becoming airborne in gusty winds, which reasonably prevents the possibility of signs becoming hazardous to the public health and safety. Signs shall not be illuminated or contain any electrical component. No objects shall be attached to a portable sign such as but not limited to balloons, banners, merchandise, and electrical devices. Portable business signs shall be removed at the daily close of business. These signs are prohibited while the business is closed. In consideration of the benefit the business derives from the display and use of said portable signage, the business shall indemnify and hold harmless the Borough of Sea Bright, its officers, agents and employees from any claim arising out of the presence of the portable sign. Evidence of insurance for property damage and personal liability shall be required naming the Borough of Sea Bright as an additional insured when portable signs are located on Borough property.

§ 130-64 Permitted signs and awnings in specific zones.

A. Signs permitted in residence zones and districts. The following signs will be permitted in residential districts:

(1) For a home professional office in a residential zone, one wall or ground identification sign not exceeding one foot by two feet in dimension is permitted.

(2) For churches, one ecclesiastical, changeable, letter-ground sign not over 10 square feet in area, referring to services and events to be held on the premises provided so the sign is erected for display not less than five feet inside a property line.

(3) Multifamily B dwelling structures. The following signs are permitted for multifamily dwellings:

(a) Wall identification sign not exceeding 10 square feet in area.

(b) One ground identification sign not exceeding 10 square feet in area on either side nor a height of six feet.

(4) The regulations set forth in Subsection B of this section shall apply to signs for businesses that are preexisting nonconforming uses in residential zones.

B. Signs permitted in business zones and districts. The following signs will be permitted in all business district zones:

(1) One identification wall sign may be erected on one facade of a building, provided that the sign shall not exceed an area equal to 10% of the facade upon which it is erected but, however, shall not exceed 40 square feet. In the case of a commercial use located on the ground floor of a multistore building, only the first floor facade area shall be used for the purpose of calculating the permissible sign area.

(2) In buildings occupied by three or more commercial activities, one directory of occupants sign not exceeding eight square feet in area may be permitted. The sign may be a wall sign or a freestanding sign.

(3) One freestanding sign will be permitted as follows:

(a) Properties having 50 feet or less of frontage would be entitled to a freestanding sign not to exceed 12 square feet.

(b) Properties having between 51 and 100 feet of frontage would be entitled to a freestanding sign not to exceed 35 square feet.

(c) Properties having 200 feet of frontage would be entitled to a freestanding sign not to exceed 50 square feet.

(4) Such signs shall be for no other purpose than to identify the facility and, if the facility is occupied by more than one business establishment, the names of the occupants. Such signs shall be set back at least 10 feet from the street property line and 25 feet from any other property line. Such signs shall not obstruct the sight triangle section of this chapter (§ 130-29J).

C. Political signs. Regulations regarding political signs and banners apply to political candidates at the national, state, county and local levels. Failure to comply with regulations governing use of political signage may result in removal of such signs. Placement of political signs shall not require approval of the Construction Official.

[Added 3-4-2003 by Ord. No. 2-2003]

(1) Political signs and banners shall be erected only on private property with the specific consent of the property owner. No political sign or banner shall be erected on state, county or municipal property.

(2) Political signs must be freestanding and shall not be posted on utility poles or sign posts.

(3) Political signs and banners may be erected no sooner than 30 days prior to the election date and shall be removed no later than seven days after the election date.

(4) Political signs shall not exceed 16 square feet in size and shall stand no higher than 10 feet from the ground. Banners shall not exceed three feet by 12 feet in size.

D. Public access signs.

[Added 8-1-2017 by Ord. No. 13-2017[1]]

(1) "Public access signs" shall be a posted sign depicting the public access point to, from and along tidal waterways and their shores within the Borough of Sea Bright. Public access signs shall list the name of the access point as well as any restrictions.

(2) All public access signs shall be installed at the entrance of the public designated access points as outlined in the Municipal Public Access Plan.

(3) All public access signs shall be maintained by the Department of Public Works.

[1] Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

E. Awnings.

[Added 10-21-2003 by Ord. No. 15-2003]

(1) Awnings shall be permitted in all business zones, provided the following standards are met:

(a) Awnings shall be permitted at ground floor level for business uses, and on upper levels where appropriate, provided they compliment a building's architectural style, and do not conceal architectural features such as cornices, columns, pilasters or decorative details.

(b) Awning shape shall reflect the shape of the top of the opening to which they relate.

(c) Awning fabrics should be opaque not transparent, canvas or vinyl or other approved waterproofed fabric. Metal or plastic awnings are prohibited. Fabrics must adhere to all building and fire codes to be approved.

(d) Awnings shall not extend more than four feet from the building surface or less than eight feet in height from the sidewalk.

(e) In buildings with multiple storefronts, compatible awnings shall be required as a means of unifying the structure.

(f) Lighting of awnings shall be with fixtures from above only. Lighting awnings from the interior is prohibited.

(g) Neon color awnings shall be prohibited.

[Amended 2-2-2016 by Ord. No. 2-2016]

(2) Awning signs shall be permitted for ground floor uses only provided the following standards are met:

(a) If acting as the main business sign, it shall not exceed 10 square feet in area, and the height of the lettering, numbers or graphics shall not exceed eight inches. Signage should be located on the valance only.

(b) A logo or mark may be placed on the main surface area of the awning not to exceed 18 inches in diameter.

(c) If acting as an auxiliary business sign, it shall be located on the valance only, shall not exceed four square feet in area, and the height of the lettering, numbers or graphics shall not exceed six inches.

(d) Limited to one such sign per business, on the valance.

(e) If acting as the main business sign, it shall not be in addition to a wall-mounted sign.

(f) Eradicated awning signage is prohibited. Signage must be printed on fabric face only.

§ 130-65 Registration of existing signs.

Unless already registered under the previous sign ordinance of the Borough of Sea Bright, within 90 days of the effective date of this chapter, all signs of more than four square feet in area shall be registered with the Construction Official. Such registration shall be 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 a specific variance from such regulations by the Planning Board 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.

§ 130-66 Revocation of permit.

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

(1) Whenever the information used in obtaining a permit is knowingly false or misleading.

(2) Whenever any of the provisions of this chapter are violated.

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

B. 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 Construction Official, 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.

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

[Amended 12-15-1998 by Ord. No. 94-98]

§ 130-67 Application fee.

There will be a mandatory application fee of $50 for any permits required for any of the signs set forth in this article.

§ 130-68 Prior signs.

A. Any sign that is contrary to the provisions of this article, and which existed prior to the enactment thereof, shall not be affected unless the same is removed other than for the purpose of repair or modernization. Applications for repair or modernization of a sign shall be made to the Construction Official.

B. Signs destroyed by windstorm or fire may be replaced without fee upon application to the Construction Official.