[Amended 3-17-2004 by Ord. No. 904-04; 9-15-2004 by Ord. No.
914-04; 8-13-2008 by Ord. No. 990-08]
As used in this article, the following terms
shall have the meanings indicated:
The Township Committee.
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 § 185-133 herein.
Any structure made of cloth or metal with a metal frame that
is stationary using welded construction or retractable, attached to
a building, projecting over a thoroughfare and requiring no uprights
for support.
Any temporary sign applied to paper, plastic or fabric of
any kind, which shall be permitted by the Township Committee 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 made of cloth with a metal frame, welded construction
and requiring uprights for support.
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 outline illuminated by electric lights or luminous tubes as a part
of the sign proper.
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; and umbrellas used for advertising.
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 article.
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or sidewall 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 all signs defined herein, which are situated on
or within 12 inches of the window surface.
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.
(1)
No sign shall be erected, altered, located or relocated
within the municipality except upon application and the issuance of
a permit as hereinafter provided.
(a)
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 Construction Official 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 Construction Official shall act upon such application
within 15 days of the receipt thereof.
(b)
Application for a permit for nonresidential
signs.
[1]
Any sign associated with a change in occupancy
or ownership necessitates an application for a sign permit.
[2]
Application for a permit for a permitted nonresidential
sign conforming to the regulations set forth herein shall be made
in writing to the Construction Official. Such application shall be
sufficient to describe the premises and location at which the sign
is to be affixed and shall include at 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.
(c)
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 before the next meeting 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 § 185-132A(1)(b) shall be provided.
B.
Issuance of permit.
(1)
A permit shall be issued by the Construction Official
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 Construction Official 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 and four feet in height which advertise the sale, rental or lease
of the premises upon which said signs are located only. Such sign
shall only contain the words "For Sale," "For Rent" or "Open House"
and the name, address and telephone number of the owner or licensed
real estate agent who has the listing. All such signs shall be set
back minimally 15 feet from property lines and shall be removed within
two days after agreement of sale or lease.
(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 two square feet
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, religious or quasi-public 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 worksite 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 are 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 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, subject to the
following provisions:
(a)
All signs must be placed entirely on private
property.
(b)
All signs must be set back minimally 15 feet
from the property lines.
(c)
Signs shall not exceed 16 square feet in area
and four feet in height. The sign itself, exclusive of posts or other
methods of installation or mounting, shall not exceed four feet in
height.
(d)
No signs shall be erected or installed prior
to Labor Day.
(e)
All political signs must be removed no later
than seven calendar days after the date of the election.
(f)
In accordance with election law requirements,
each sign must provide the name of the campaign fund which paid for
the printing of the sign.
(g)
The number of signs on any particular parcel
of property (to be determined based upon tax lot and block designation)
shall be one per candidate or political campaign ticket.
(12)
Garage sale signs, subject to the following
provisions:
(a)
In connection with an impending garage sale,
two signs of not more than four square feet each shall be permitted
to be displayed on the property of the residence where the garage
sale is being conducted.
(b)
Two signs of not more than two square feet each
are permitted, provided that the premises upon which the garage sale
is conducted is not a major thoroughfare and written permission to
erect said signs is received from the property owner upon whose property
such signs are to be placed.
(c)
No sign or other form of advertisement shall
be exhibited for more than two days prior to the day such sale is
to commence.
(d)
Signs must be removed each day at the close
of the garage sale activities or by the end of daylight, whichever
occurs first.
(e)
These regulations shall apply to other similar
casual sales of tangible personal property (such as attic sales and
rummage sales) which are advertised so the public at large is aware
of the sale.
(f)
No such signs shall be placed on telephone poles,
street signs, light poles or trees.
(g)
All such signs shall be located at least 15
feet from the property line.
D.
Fees. No permit shall be issued for a sign until the
appropriate fee has been paid in accordance with the following schedule:
E.
Termination of use. When the owner or lessee of a
sign vacates the premises upon which the sign or signs are located,
said sign or signs must be removed. If the owner or lessee of said
sign does not remove the sign or signs, the Township shall have the
same removed and shall bill the owner for the cost of said removal.
Should the structure upon which said sign is located be vacated or
remain unused for a period of 90 days or more, then the frame upon
which the sign is located must be removed.
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.
In all nonresidential districts, a sign erected on
the exterior wall shall be permitted, subject to the following:
(1)
All signs shall be erected parallel to the wall face
and no part of the sign shall extend more than two inches from the
wall.
(2)
The maximum sign area of all signs shall not exceed
1.5 square feet for each linear foot of that portion of the exterior
of the building occupied by the applicant. The maximum height of the
signage shall not exceed six feet and the width shall not exceed 90%
of the width of the building or storefront.
(3)
Each tenant may place signs as provided herein only
on the exterior wall of that portion of the building that he or she
leases.
(4)
Signs extending more than three inches from the wall
face shall have the bottom of such sign minimally eight feet above
the ground level.
B.
In all nonresidential districts, the following regulations
apply to wall signs for office buildings:
(1)
Signs for office buildings are limited to a directory
listing of tenants and identification signs with the name or address
of the building. The directory sign shall have letters not exceeding
three inches in height. The directory sign shall list the identity
of building occupants and shall be located on a wall near the building
entrance. A single identification sign consisting of the name or number
of the building is permitted. The sign area shall not exceed 5% of
the area of the wall on which it is located or 60 square feet, whichever
is less.
(2)
An identification facsimile of this wall sign shall
be permitted on a second wall of an office building, provided that
the aggregate of both signs does not exceed 90 square feet.
C.
Window signs are permitted, subject to the following
regulations:
(1)
No sign, temporary or otherwise, on the inside of
a window shall be greater than one foot in height or cover more than
10% of the square footage of said window, and no such sign shall be
permitted above the first floor of any building.
(2)
No window signs are permitted in office buildings.
(3)
Nonelectrical signs used on the exterior or interior
of the windows to give notice of sales or special functions shall
be permitted for 15 days, subject to the following restriction: no
more than 25% of the total street frontage of each window shall be
covered.
D.
In all nonresidential districts, no more than one
illuminated temporary sign shall be permitted advertising the sale
or rental of the premises. Said sign shall not exceed five square
feet in area and contain the words "For Sale" or "For Rent" and the
name, address and telephone number of the owner or the licensed real
estate broker who has the listing. All such signs shall be removed
within two days after an agreement for sale or lease of the premises
or the property has been removed from the market.
E.
Freestanding signs shall comply with the following:
(1)
No freestanding sign shall exceed an area of 10 square
feet.
(2)
The maximum height of a freestanding sign shall be
seven feet.
(3)
Freestanding signs shall have an open area not less
than four feet between the bottom of said sign and the ground level.
This open space shall be supplemented with landscaping.
(4)
Freestanding signs shall be set back minimally 25
feet from all property lines.
F.
Entrance and exit signs. One double-faced or single-faced
sign worded "Entrance" or "Exit" shall be permitted at each driveway
for the purpose of directing motorists safely into the parking area.
Such entrance and exit signs shall be uniform in size and content
as follows:
(1)
The sign shall be rectangular with maximum dimensions
of one foot high by three feet long for a maximum sign area of three
square feet.
(2)
Sign height from ground level shall not exceed eight
feet.
(3)
Colors shall consist of black letters on a white background.
(4)
Illumination is permitted as either a reflective surface
or interior illumination of not more than 100 watts of fluorescent
lamp power.
(5)
The signs shall be located on the far side of the
driveway relative to traffic flow.
G.
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; 2 1/2 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
to be attached to windows on the interior of the business use, provided
that the aggregate area employed for such purpose shall not exceed
20% of the total window area on which it is located.
Residential signs, including name and address plates, professional nameplates, signs for places of worship, real estate signs and contractor signs as provided herein, are permitted in accordance with the size limitations as set forth in § 185-132C. Signs not otherwise in compliance with these provisions or as permitted and regulated in this article are prohibited.
Temporary signs shall comply to 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 15 days from the issuance thereof and may
be renewed for a period not to exceed an additional 15 days for a
maximum of 30 days per twelve-month period.
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 Township Committee within the public right-of-way
may exceed 12 square feet in size.
C.
Nothing contained herein shall be deemed to permit
the erection or installation of any political signs upon any pole
or tree located on public property or within the public right-of-way
within the Township of Rochelle 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 chapter.
D.
Streamers of flags or pennants and banners shall be permitted as temporary signs in accordance with the permit requirements and time restrictions set forth in this article and § 185-132.
E.
Nonprofit organizations shall be permitted to erect
and maintain a single temporary sign on their property not exceeding
five square feet in area, provided that such sign is maintained for
a period of no more than 10 days and has a maximum four-foot height.
A.
No sign shall be an illuminated sign except as provided
herein.
B.
No sign shall be internally illuminated by neon gas-filled
tubes or lighting designed to create a visual effect similar to neon.
Exterior neon signs are prohibited in all zoning districts.
C.
All signs shall be properly shielded to minimize impact
on surrounding properties and public rights-of-way.
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.
All business and industrial signs used in connection
with the operation of any business shall be extinguished by 11:00
p.m. or upon the close of business serviced by said signs, whichever
occurs first. Notwithstanding the foregoing, the Chief of Police or
his representative, subject to approval by the Township Committee,
can authorize lighting specifically designed for the protection of
properties. Such lighting, when authorized, shall be exempt from these
provisions.
F.
All illuminated signs shall be either indirectly lighted
or of the diffused-lighting type.
G.
Floodlights shall not project above the highest elevation
of the front wall of the building or more than 18 feet above the street
level of the premises, whichever is less.
B.
No sign shall be placed or located or displayed upon
any sidewalk or area between sidewalk and curb, nor shall it project
on or over a sidewalk.
C.
No roof 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 part, moving, mobile
or revolving. This shall include hand-held signs and signs placed
on vehicles unless permanently painted or affixed to that vehicle.
F.
No sign shall have more three colors, inclusive of
its background, frame and decorative parts. For the purposes of this
chapter, "black" and "white" shall be considered colors.
G.
Canopies, awnings and marquees with signage embossed
upon them shall be considered to be business signs.
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.
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.
Signs which are not expressly and directly related
to the business being conducted on the premises or which do not conform
to the applicable requirements and standards set forth in other sections
of this chapter shall not be permitted.
K.
Any sign which no longer advertises a bona fide business
conducted on the premises or a product sold on such premises shall
be removed by the permittee, owner or person having the beneficial
use of the building upon which the sign is located, within 10 days
after written notification from the Building Inspector, and, upon
failure to comply with such notice, the owner shall be considered
in violation of this chapter and subject to penalties.
L.
If the Building Inspector finds that a sign has been
erected in such manner or has deteriorated to such a degree as to
constitute a hazard to the general public, it shall be removed or
repaired to the satisfaction of the Building Inspector within 24 hours
after written notice has been served to the owner, owner's agent,
lessee or occupant. Failure to comply therewith shall be a violation
of this chapter and subject to its penalties.
M.
Signs in residential zones, other than as specifically
permitted in this Code, are prohibited.[2]
[2]
Editor's Note: Former Subsection N, which prohibited certain
moving message signs in all districts, added 7-20-2011 by Ord. No.
1036-11, which immediately followed this subsection, was repealed
12-18-2019 by Ord. No. 1153-19.
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 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.
A.
No awning of any kind shall be erected or maintained
which shall extend beyond the property line and over any street or
sidewalk or public place or any part thereof, unless a permit therefor
shall first have been obtained from the approving authority.
B.
No permit for any such awning shall be issued by the
Building Department if the frame of such awning is less than eight
feet off the ground. Additionally, there shall be seven feet six inches
clearance to any part of the awning.
C.
The lettering on said awning:
(1)
Shall not display any graphic other than the
name of the business, the logo and the street number.
(2)
Shall have a maximum lettering height of 10
inches.
(3)
Shall not be made with shiny vinyl fabric,
(4)
Shall not have more than 10 items of information,
i.e., a word, syllable, abbreviation, initial, letter, number, symbol,
logo or shape.
D.
Awnings and canopies attached to the same building
must be the same shape and color.
E.
Awnings shall have a maximum projection of four feet
and there shall be no uprights on the public thoroughfare.
Upon determination that a violation of the provisions
of this article exists, the Construction Official shall provide written
notice of said violation with a demand that the violation be abated
within five days from the date on which the notice is mailed. If the
violation is not abated within that five-day period, there shall be
a fine imposed, upon conviction, of not less than $100 nor more than
$1,000 for each offense. Each day that the violation continues shall
be considered a separate offense.