As used in this article, the following terms
shall have the meanings indicated:
The area included within the frame or edge of a sign, including the frame. Where the sign has no such frame or edge, the area shall be computed as specified by § 300-30 herein.
Any structure made of cloth or metal with a metal frame attached
to a building, projecting over a thoroughfare and so erected as to
permit its being raised to a position flat against the building when
not in use.
Any temporary sign applied to paper, plastic or fabric of
any kind, which shall be permitted by the Mayor and Council by permit,
above a public right-of-way.
Any sign erected or maintained for the purpose of displaying
outdoor advertising for products or services provided off premises.
Any structure, other than an awning, made of cloth or metal
with metal frames attached to a building, projecting over a thoroughfare
and carried by a frame supported by the ground or sidewalk.
To build, construct, attach, hang, place, suspend or affix;
also includes the painting of wall signs.
The surface of the sign upon, against or through which the
message is displayed or illuminated on the sign.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure.
Any sign which has characters, letters, figures, designs
or outlines illuminated by electric lights or luminous tubes as a
part of the sign proper.
Includes replacement, without substantial change, of any
parts or support of any sign and the painting, without change of text,
design or size of any sign, without removal of the sign from the wall
or structure supporting it.
Any hood or awning of permanent construction projecting from
the wall of a building above an entrance and extending over a thoroughfare,
including signs attached thereto, the supports of which are an integral
part of the original structure and which is not retractable.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicles are used in the normal day-to-day
operations of the business.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
Any sign erected, constructed and maintained wholly upon
or over the roof of any building, with the principal support on the
roof structure.
Includes any device, either freestanding or attached to a
building or structure or erected, painted, represented or reproduced
upon or in (to the extent provided herein) any building or structure,
which displays, reproduces or includes any letter, word, name, number,
model, insignia, emblem, design, device or representation used for
one or more of the following purposes: to identify the premises or
occupant or owner of the premises; to advertise any trade, business,
profession, industry, service or other activity; to advertise any
product or item; to advertise the sale or rental or use of all or
part of the premises, including that upon which it is displayed; to
direct vehicular or pedestrian traffic, other than state, county or
municipal highway and roadway markers; and shall include any announcement,
declaration, demonstration, display, illustration, insignia or any
representation used to advertise or intended to advertise or promote
the interests of any person. In no event shall the word "sign" be
construed to mean any sign in the interior of any structure except
as specifically set forth in this chapter.
Any sign that is not permanently mounted as specifically
permitted by this chapter.
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or side wall of any building or other structure so that
the display surface is parallel with the plane of the wall. Signs
painted on an exterior or a wall shall be deemed to be wall signs
subject to this chapter.
Includes any opening in the exterior wall or roof of any
structure for the purpose of admitting air or light, whether or not
covered with glass, plastic or other covering.
Includes all signs, as defined herein, which are situated within 12 inches of the window surface, and such signs shall be as regulated in § 300-31B(2).
Includes the aggregate square footage of all windows on any
given side and any given story of any structure, regardless of the
angle or angles at which they are set. In computing window space,
there shall be included all portions of any door which contains a
window.
A.
Application. No sign shall be erected, altered, located
or relocated within the municipality except upon application and the
issuance of a permit as hereinafter provided.
(1)
Application for a permit for residential signs. Application
for a permit for a sign for premises used for residential purposes
shall be made, in writing, to the Zoning Officer and presented together
with the appropriate filing fee. Such application shall be sufficient
to describe the premises and the location at which the sign is to
be affixed, together with a rendering of the sign, inclusive of its
dimensions, design and color. There shall also be provided a statement
as to the means by which said sign shall be constructed on the premises.
The Zoning Officer shall act upon such application within 15 days
of the receipt thereof.
(2)
Application for a permit for nonresidential signs.
Any sign associated with a change in occupancy or ownership necessitates
an application for a sign permit. Application for a permit for a permitted
nonresidential sign conforming to the regulations set forth herein
shall be made, in writing, to the Zoning Officer. Such application
shall be sufficient to describe the premises and location at which
the sign is to be affixed and shall include at a minimum the following
items:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the premises.
(c)
A statement as to whether the owner has consented
to the application, if the applicant is other than the owner.
(d)
A rendering to scale of the sign, reflecting
its composition, colors, dimensions, elevation from grade level and
lighting; the address of the premises; specification and location
of all existing signs; the sight distances, in the case of freestanding
signs, with relation to accessways to the premises on which such sign
is to be located and adjacent premises; the information to be stated
on the sign; and the method by which said sign shall be secured.
(3)
Application for a permit for a sign which does not comply with the provisions of this article shall be submitted to the appropriate approving authority, including any sign associated with a change in occupancy or ownership which does not comply with the provisions set forth herein. Such application shall be in writing and, upon notice and a public hearing where the same is required by law, submitted at least 10 days next preceding the succeeding public meeting date of the appropriate authority, together with a filing fee as hereinafter set forth. Such application shall be in triplicate and accompanied by no fewer than 15 sketch plats, in the case of an application for a freestanding sign, and 15 building elevations, where the application is for other than a freestanding sign, each of which shall be drawn to scale and reflect the sign location and designation. In addition, on such drawing or separate sheet, the information set forth in Subsection A(2) above shall be provided.
B.
Issuance of permit.
(1)
A permit shall be issued by the Zoning Officer upon
the favorable action of the approving authority, subject to any other
applicable governmental regulations, or as otherwise provided herein.
(2)
A permit for the replacement of an existing sign may
be issued by the Zoning Officer without the necessity of Board approval
only upon satisfaction of all of the following conditions:
C.
Exceptions. The provisions and regulations of this
section concerning permits and fees shall not apply to the following
signs:
(1)
Real estate signs not exceeding 12 square feet in
area which advertise the sale, rental or lease of the premises upon
which said signs are located only.
(2)
Residential nameplates identifying a single-family
residence and/or street address, not to exceed one square foot in
area.
(3)
Professional nameplates not exceeding one square foot
in area for lawful occupants of the premises under this chapter.
(4)
Bulletin boards or signs not over 16 square feet in
area for public, charitable or religious institutions when the same
are located on the premises of said institutions.
(5)
A sign identifying the architect, engineer or contractor,
when placed upon a work site under construction, not to exceed 16
square feet in area, provided that the sign is set back at least 15
feet from the curb, and further provided that the same is removed
within 24 hours after final certificate of occupancy is issued.
(6)
Memorial signs or tablets, names of buildings and
date of erection when cut into any masonry surface or when constructed
of bronze or other incombustible materials.
(7)
Traffic or other municipal signs, legal notices, railroad
crossing signs, danger signs and such temporary, emergency or nonadvertising
signs or signs of any governmental agency deemed necessary to the
public welfare.
(8)
Flags of the United States, State of New Jersey or
other governmental or quasi-public agencies.
(9)
Holiday decorations and lights on residential premises.
(10)
Signs erected to control the movement of traffic
on a premises, provided that these signs shall provide traffic directions
only and shall not be used for any advertising purpose. These signs
shall not exceed four square feet in area and shall have been approved
by the appropriate approving agency.
(11)
Election or political signs, provided that said
signs are placed entirely on private property and do not exceed 12
square feet in area.
D.
Fees. Every applicant before being granted a permit
hereunder shall pay to the Borough of Palisades Park the permit fee
for each such sign or other advertising structure regulated by this
chapter as established in the current schedule of fees for the Borough
of Palisades Park.
The following principles shall control the computation
of sign area and height:
A.
Computation of area of individual signs. The area
of a sign face shall be computed by drawing a square or rectangle
that will encompass the extreme limits of the writing, representation,
emblem or other display, together with the sign frame and any material
or color forming an integral part of the background of the display
or used to differentiate the sign from the backdrop or structure against
which it is placed, or by delineating the area established by reason
of distinctive variation in background color or by borders, whichever
is greater.
B.
Computation of area of multifaced signs. The sign
area for a sign with more than one face shall be computed by adding
together the area of all sign faces visible from any one point. When
two identical sign faces are placed back to back, so that both faces
cannot be viewed from any point at the same time, and when such sign
faces are part of the same sign structure and are not more than 42
inches apart at any point, the sign area shall be computed by the
measurement of one of the faces.
C.
Computation of height. The height of a sign shall
be computed as the distance from the base of the sign at grade to
the top of the highest attached component of the sign.
A.
Freestanding signs. Freestanding signs shall comply
with the following:
(1)
No freestanding sign shall exceed an area of 24 square
feet.
(2)
The maximum height of a freestanding sign shall be
20 feet.
(3)
Freestanding signs shall have an open area not less
than three feet between the base line of said sign and the ground
level. This open space may be filled in with a platform or decorative
latticework which does not close off more than 1/2 of any square foot
of such open space.
(4)
Freestanding signs shall be setback minimally 10 feet
from the street right-of-way line and 10 feet from side lot lines.
(5)
Only one freestanding sign shall be permitted for
any single development or lot, as the case may be.
(6)
Freestanding signs shall advertise only the permitted
use, products or service located on the premises on which they are
placed.
B.
Wall signs.
(1)
Wall-mounted signs shall comply with the following:
(a)
Wall signs shall advertise only the permitted
use, products or service on the premises on which they are displayed.
(b)
Each business shall be entitled to only one
wall-mounted sign except that, where a building has street frontage
on more than one street, one additional sign may be permitted.
(c)
No wall sign shall cover wholly or partially
any wall opening nor project beyond the ends or top of the wall to
which it is attached.
(d)
No wall sign shall be permitted to project forward
more than six inches from the building nor be attached to a wall at
a height of less than eight feet above the sidewalk or ground.
(e)
No wall sign shall be erected, relocated or
maintained so as to prevent free ingress to or egress from any door,
window or fire escape.
(f)
Size and design.
[1]
Each commercial use in a building in the business
zones shall be entitled to a wall sign, but in no event shall the
total square footage of all wall signs exceed 10% of the square footage
of the front facade.
[2]
Wall signs shall not exceed two square feet
of signage for every linear foot of the front facade of the portion
of the building occupied by the use being advertised.
[3]
The horizontal linear dimensions of wall-mounted
signs in the Industrial Zone shall not exceed 30% of the width of
the building wall to which it is to be affixed. The maximum height
of such sign shall not exceed two feet if the building wall is 40
feet or less in width; 21/2 feet if the building wall is more than
40 feet but less than 80 feet in width; and three feet if the building
wall is 80 feet or more in width.
(2)
In addition to any sign or signs permitted pursuant
to this section, window display signs, as well as affixed window signs
limited to indicate membership in a retail or professional organization
or credit card or credit association, to show manufacturers' or required
licenses or advertisements referable to sales within, shall be permitted,
provided that the aggregate area employed for such purpose shall not
exceed 20% of the total window area in (on) which it is located.
Residential signs, including name and address plates, professional nameplates, real estate signs and contractor signs as provided herein, are permitted in accordance with the size limitations as set forth in § 300-29C. Signs not otherwise in compliance with these provisions or as permitted and regulated in § 300-33 are prohibited.
Temporary signs shall comply with the following:
A.
All temporary signage, except as specifically exempted
under this article, shall require a permit. Said permit shall be valid
for a period not to exceed 30 days from the issuance thereof and may
be renewed for a period not to exceed 60 days.
B.
No temporary sign shall exceed an area of 12 square
feet, provided that temporary signs such as banners which are permitted
by permit by the Mayor and Council within the public right-of-way
may exceed 12 square feet in size.
C.
Insurance for temporary signs may be required by the
Mayor and Council. Any person obtaining a permit for the erection
of a temporary sign, where the Mayor and Council requires insurance,
shall provide proof to the satisfaction of the Building Inspector
that the person, firm or corporation actually doing the erection shall
have in force a public liability insurance policy with limits of no
less than $100,000 for property damage and $300,000 for bodily injury
per occurrence.
D.
Nothing contained herein shall be deemed to permit
the erection or installation of any political signs upon any pole
or tree located on public property or within the public right-of-way
within the Borough of Palisades Park, and their erection or installation
is hereby specifically prohibited. This section shall not be deemed
to prohibit temporary lawn signs or street banners as set forth elsewhere
in this article.
A.
No sign shall be an illuminated sign except as provided
herein.
B.
No sign shall be internally illuminated by neon gas-filled
tubes.
C.
No sign shall be illuminated externally by more than
one floodlight per surface of said sign. Such lighting shall be at
grade and properly directed and shielded so as not to produce glare
or offensive light off the property.
D.
Flashing signs, highly reflective glass or fluorescent
paint (red or green) and illuminated tubing outlining roofs, doors,
windows or wall edges of a building are prohibited.
E.
No sign shall be artificially illuminated after 11:00
p.m. or before 7:00 a.m. unless said premises are occupied and attended.
A.
No billboard or billboard signs shall be permitted.
No sign otherwise lawful under this article shall be prohibited because
of this section.
B.
No sign shall be placed or located or displayed upon
any sidewalk or area between sidewalk and curb nor shall they project
on or over a sidewalk.
C.
No roof sign, often known also as a "sky sign," shall
be permitted.
D.
No sign shall be erected or painted or composed of
fluorescent or phosphorescent or similar material.
E.
No sign shall be, in whole or in part, moving, mobile
or revolving.
F.
No sign shall have more than two colors, inclusive
of its background, frame and decorative parts. (A color chart which
provides the preferred colors used for signage is available for review
at the Borough Building Department). For the purposes of this article,
black and white shall be considered colors. Notwithstanding anything
herein to the contrary, in such instance where black or white shall
be used in the formation of a sign as aforesaid, then in such instance
either of such may be used as a third color.
G.
Canopies, awnings and marquees with signage embossed
upon them shall be considered to be a business sign.
H.
No sign shall be erected, relocated or maintained
so as to prevent free ingress to or egress from any door, window or
fire escape. No sign of any kind shall be attached to a standpipe
or fire escape.
I.
No sign or other advertising structure, as regulated
by this chapter, shall be erected at the intersection of any streets
in such a manner as to obstruct free and clear vision or at any location
where, by reason of the position, shape or color, it may interfere
with, obstruct the view of, cause an optical illusion or be confused
with any authorized traffic sign, signal or device or which makes
use of words, phrases, symbols or characters in such manner as to
interfere with, mislead or confuse traffic.
J.
In order to preserve the basically residential character
of this community and to facilitate the improvement of its commercial
and industrial areas in a safe and orderly manner, no commercial outdoor
advertising signs, billboards or other signs which are not expressly
and directly related to the business being conducted on the premises
and which do not conform to the applicable requirements and standards
set forth in other sections of this chapter shall be permitted, and
all other such commercial outdoor advertising signs, billboards and
other nonconforming signs are specifically prohibited. It shall be
unlawful for any person to display upon any sign or other advertising
structure any obscene, indecent or immoral matter.
K.
All signs shall be constructed in accordance with
the requirements of the BOCA Code. If the Zoning Officer shall find
that any sign is unsafe or insecure, the Zoning Officer shall give
written notice to the owner, agent or person having the beneficial
use of the premises upon which such sign may be erected. If such owner,
agent or person fails to remove or alter the sign so as to comply
with the standards herein set forth within 10 days after such notice,
such sign or other advertising structure may be removed or altered
to comply, by the Zoning Officer, at the expense of the owner, agent
or person having the beneficial use of the premises upon which such
sign may be erected. The Zoning Officer may cause any sign or other
advertising structure which is an immediate peril to persons or property
to be removed summarily and without notice.[1]
[1]
Editor's Note: Former Subsection L, which
immediately followed this subsection, concerning business signs not
in English, was repealed 8-19-1997 by Ord. No. 1283.
A.
Any signs existing at the time of the passage of this
chapter and which violate any provisions thereof shall be deemed a
nonconforming use and may be continued, maintained and repaired upon
the present premises or location; provided, however, that such sign
was lawful under any prior ordinance. Any nonconforming sign which
is associated with a change in occupancy or ownership shall necessitate
an application to the appropriate approving authority. Any sign unlawful
under any prior ordinance shall remain unlawful unless it complies
with the provisions of this chapter and there is issued by the Zoning
Officer a sign-erection permit therefor.
B.
Any sign which has been damaged to the extent that
the cost of repairs shall exceed 50% of the current value of said
sign shall be deemed as destroyed, and the owner thereof shall not
be permitted to erect or restore said sign except in accordance with
this chapter.