Absecon City Zoning Code
ARTICLE XXIII
Signs
§ 224-160 Purposes.
[1997 Code § 224-160]
The purpose of these sign regulations are to:
A.
Encourage the effective use of signs as a means of communication in the City of Absecon City.
B.
Maintain and enhance the aesthetic environment of the City.
C.
Increase the City's ability to attract sources of economic development and growth.
D.
Improve pedestrian and traffic safety within the City.
E.
Minimize the possible adverse effect of signs on nearby public and private property.
F.
Enable the fair and consistent enforcement of these sign restrictions.
G.
Support the need of the existing business and commercial enterprises to identify themselves.
§ 224-161 Conformance required; effect of article.
[1997 Code § 244-161]
A.
A sign may be erected, placed, established, painted, created or maintained in the City of Absecon City only in conformance with the standards, procedures, exemptions and other requirements of this Article.
B.
The effect of this Article as more specifically set forth herein is to:
(1)
Establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in residential zones, subject to the standards and permit and registration procedures of this Article.
(2)
Allow certain signs that are small, unobstructed and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this Article, but without a requirement for a sign permit or registration.
(3)
Provide for temporary signs without commercial messages in limited circumstances in the public right-of-way.
(4)
Provide for temporary signs with commercial messages in specific circumstances on private property without the need to obtain a sign permit.
(5)
Prohibit all signs not expressly permitted by this Article.
(6)
Provide for the enforcement of the provisions of this Article.
§ 224-162 Definitions.
[1977 Code § 224-162]
As used in this Article, the following terms shall have the meanings indicated:
A. SIGN SIGN AREA SIGN FACE
General sign definitions.
Any object, device or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure. Sign area shall be determined according to the method and criteria set forth in Section 224-163 of this Article.
The area or display surface of a sign used for the message.
B. BANNER PENNANT SIGN, AWNING, CANOPY or MARQUEE SIGN, FREESTANDING SIGN, GROUND SIGN, POLE SIGN, PORTABLE SIGN, PROJECTING SIGN, ROOF SIGN, SUSPENDED SIGN, TEMPORARY SIGN, WALL SIGN, WINDOW
Sign definitions by structural type.
A sign of lightweight fabric or similar material that is mounted to a pole or a building or other structure at one or more of its edges. National flags, state or municipal flags or the official flag or any institution or business shall not be considered banners.
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 a series, designed to move in the wind.
A sign that is mounted, painted or attached to an awning, canopy or marquee that is otherwise permitted by ordinance. (Refer to illustration of Structural Sign Types which may be found at the end of this Article.)
Any permanent sign not affixed to a building. (Refer to illustration of Structural Sign Types which may be found at the end of this Article.)
A freestanding sign, other than a pole sign, in which the entire bottom is in contact with the ground surface or is within 12 inches of the ground surface and is independent of any other structure. (Refer to illustration of Structural Sign Types which may be found at the end of this Article.)
A freestanding sign that is mounted on a pole or other support so that the bottom edge face is eight feet or more above grade. (Refer to illustration of Structural Sign Types which may be found at the end of this Article.)
Any sign designed to be transported by means of wheels or signs attached to or painted on vehicles and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
A sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building. (Refer to illustration of Structural Sign Types which may be found at the end of this Article.)
A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof. (Refer to illustration of Structural Sign Types which may be found at the end of this Article.)
A sign hanging down from a marquee, awning, porch, deck or any other structure that would exist without the sign.
A sign not meeting the definition of a "portable sign" whose construction, material and purpose are designed or intended for a limited period of display.
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 12 inches from such building or structure.
A sign placed inside a window, within three inches of the pane, or upon the window pane or glass and which is visible from the exterior of the window.
C. FLAG SIGN, ANIMATED OR MOVING SIGN, BILLBOARD SIGN, BULLETIN BOARD SIGN, BUSINESS SIGN, CHANGEABLE COPY SIGN, CONSTRUCTION SIGN, DIRECTIONAL SIGN, DIRECTORY SIGN, GOVERNMENTAL SIGN, HOLIDAY DECORATION SIGN, IDENTIFICATION SIGN, INCIDENTAL SIGN, ON-SITE INFORMATIONAL SIGN, POLITICAL SIGN, PRIVATE SALE OR EVENT SIGN, REAL ESTATE
Sign definitions by functional type.
Any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government, political subdivision or other entity.
A sign or portion thereof that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.
A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
A sign that identifies an institution or organization on the premises on which it is located and that contains the name of the institution or organization, the names of individuals connected with it and general announcements of events or activities occurring at the institution or similar messages.
A sign that directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to an entertainment offered on the premises where the sign is located.
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this Article. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this Article.
A sign erected on the premises on which construction is taking place, only during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.
A sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
A sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
A sign erected and maintained pursuant to and in discharge of any government function or required by law, ordinance or other governmental regulations.
A sign, primarily taking the form of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
A sign giving the nature, logo, trademark or other identifying symbol or address or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only" and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
A sign commonly associated with, but not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms and pickup and delivery areas.
A sign announcing or supporting political candidates or issues in connection with any national, State, County or local election.
A sign advertising private sales of personal property, such as house sales, garage sales, rummage sales and the like, or private not-for-profit or for-profit events, such as picnics, carnivals, bazaars, game nights, art fairs, craft shows or Christmas tree sales.
A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
§ 224-163 Computation of sign area and height.
[1997 Code § 224-163]
The following principles shall control the computation of sign area and sign height.
A.
Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with 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, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. Refer to Illustrations of Sign Area Calculations which may be found at the end of this Article.
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 36 inches apart, 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 normal grade to the top of the highest attached component of the sign.
D.
Computation of maximum total sign area: single-family property. The permitted sum of the area of all individual signs on a lot and/or building shall not exceed that specified in Schedule B, Maximum Total Sign area which may be found at the end of this Article.
E.
Computation of maximum total sign area: multifrontage property. In the case of a building fronting on two or more streets, the maximum total sign area shall be computed as follows:
(1)
The permitted sign area for each building facade shall be determined by the percentage specified in Schedule B which may be found at the end of this Article.
(2)
The permitted sign area determined for the individual building facade must be oriented to the frontage street for that facade and may not be applied to the other building facade(s), except for corner properties which are addressed below in paragraph E(3).
(3)
Corner property signage shall be based on the sum of the total signage allotted to the two frontages and allocated in the discretion of the owner within the maximum total allowance and any other functional, size or structural regulations.
(4)
The maximum total sign area for the entire property shall not exceed that specified in Schedule B which may be found at the end of this Article.
F.
Computation of maximum total sign area: White Horse Pike frontage. The maximum total sign area for properties located in the Community (C2) and Central Business (C1) Districts with frontage only on the White House Pike (U.S. Route 30) shall be computed by applying the criteria for the Highway Commercial (HC) District as specified in Schedule B and Schedule C, Part 3 which may be found at the end of this Article.
G.
Computation of maximum total sign area: dual frontage property on New Jersey Avenue and White Horse Pike. In the case of a building frontage on both New Jersey Avenue and the White Horse Pike in the Central Business District, the maximum total sign area shall be computed as follows:
(1)
The permitted sign for the building facade fronting on New Jersey Avenue shall be determined by the percentage specified in Schedule B for the Central Business District which may be found at the end of this Article.
(2)
The permitted sign area for the building facade fronting on White House Pike shall be determined by the percentage specified in Schedule B for the Highway Commercial District which may be found at the end of this Article.
(3)
The permitted sign area determined for the individual building facade must be oriented to the fronting street for that facade and may not be applied to the other building facade(s), except for corner properties which are addressed above in paragraph E(3).
(4)
The number and dimensions of the sign shall be determined by applying the criteria from Schedule C, Part 2, for the New Jersey Avenue frontage and from Schedule C, Part 3, for the White Horse Pike frontage which may be found at the end of this Article.
§ 224-164 General standards.
[1977 Code § 224-164]
The following general standards shall apply to all signs:
A.
Illumination.
(1)
In no event shall a sign be illuminated by other than a shielded or otherwise indirect, nonflashing light source.
(2)
In no event shall an illuminated sign be placed so as to allow the illumination therefrom to be directed to any adjacent public or private property so as to cause glare or reflection that may constitute a nuisance or traffic hazard.
(3)
No illuminated sign located on a lot adjacent to or across from any residential district and visible from such residential district shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless the use to which the sign pertains is open for business.
(4)
Neon signs are not prohibited by the above language.
B.
Obstruction of accessways. No sign or sign structure shall obstruct free ingress to or egress from a fire escape, doors, window which can be opened or other required accessory.
C.
Traffic safety.
(1)
No sign shall be maintained at any location where, by reason of its position, size, shape, contents or color, 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 circulation.
(2)
No sign, nor any part of a sign other than a supporting pole or brace, no greater than 10 inches in width or diameter shall obstruct the sight triangle required under the provisions of this chapter.
D.
Landscaping.
(1)
All ground and pole signs shall be landscaped at their base in such a manner as to highlight the immediate area surrounding the sign.
(2)
There shall be a minimum of 25 square feet of landscaped area at the base of any ground or pole sign in the Highway Commercial District, Highway Development District or Design Commercial District.
(3)
Landscaping at the base of a ground or pole sign is encouraged but not required in the Central Business District or Community Business District or for home professional offices in residential districts.
(4)
Landscaping is defined as any appropriately maintained ground cover, such as vegetation or decorative stone.
§ 224-165 Signs on private property.
[1977 Code § 224-165]
Signs shall be allowed on private property in the City of Absecon City in accordance with Schedule A which may be found at the end of this Article. However, any sign, whether requiring a permit or not, shall be allowed only if:
A.
The sum of the area of all building and freestanding signs on the lot conforms to the maximum permitted sign area as specified in Schedule B which may be found at the end of this Article; and
B.
The size, location and number of signs on the lot conform to the requirements of Schedule C, Parts 1 through 5, as applicable, which establish permitted sign dimension by sign type, and with any additional limitations listed in Schedule B which may be found at the end of this Article.
§ 224-166 Permits required.
[1997 Code § 224-166]
A.
If a sign requiring a permit under the provision of this Article is to be placed, constructed, erected or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of Section 224-167.
C.
No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this Article (including those protecting existing signs) in every respect and with the site plan approvals in effect for the property.
D.
Permits are required for signs which require construction approval and/or a building which requires site plan review. Annual registration, not a permit, is required for all other signs which conform to the requirements of this Article.
§ 224-167 Application for sign registration.
[1997 Code § 224-167]
A.
Private property. Application for the erection, relocation or expansion of a sign on a private property shall be made to the Building Inspector and shall include the following information:
(1)
Name and address of the owner of the sign.
(2)
Street address or location of the property on which the sign is to be located, along with the name and address of the property owner.
(3)
The structural and functional type of the sign as defined within this Article.
(4)
A plot plan prepared by the owner or his agent with sufficient measurements and dimensional detail showing the proposed location of the sign, along with the locations of all existing buildings and signs on the property, if any. This plan does not require the seal of a licensed New Jersey professional engineer, land surveyor or architect.
B.
Signs within the public right-of way.
(1)
Application for the erection or relocation of a temporary sign within the public right-of-way shall be made to the Municipal Clerk and shall include the following information:
(a)
Name and address of the owner of the sign.
(b)
The location of the sign with the public right-of-way.
(c)
The location of the structures, building or poles that will be used to support the sign over the street or right-of-way.
(d)
The dimension and size of the proposed sign, including sign area calculation.
(e)
The date of installation and removal.
(2)
If the Municipal Clerk does not have sufficient grounds or information to grant the temporary sign permit, the application shall be referred to the City Council for review.
C.
Signs as part of an application for development. Signs on structures or buildings subject to the view of the Planning Board as part of a major or minor site plan, site plan modification or request for site plan waiver shall require the review and approval of the Board prior to the issuance of a building permit. In those cases the site plan application shall supersede and replace the application for sign permit, provided that the information specified in paragraph A. is included as part of the application for development.
§ 224-168 Design, construction and maintenance.
[1977 Code § 224-168]
All signs shall be designed, constructed and maintained in accordance with the following standards:
A.
All signs shall comply with applicable provisions of the BOCA Code and the National Electrical Code or any other applicable code or ordinance adopted by the City of Absecon City at all times.
B.
Except for banners, flags, temporary signs, changeable copy signs and window signs conforming in all respects to the requirements of this Article, all other signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.
C.
All signs shall be maintained in good structural and physical condition, in compliance with all building and electrical codes and in conformance with this chapter, at all times.
§ 224-169 Signs in the public right-of-way.
[1997 Code § 224-169]
A.
No signs shall be allowed in the public right-of-way, except for the following:
(1)
Permanent signs.
(a)
Governmental signs erected by or on behalf of the City of Absecon City, County of Atlantic or State of New Jersey to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic.
(b)
Bus stop signs erected by New Jersey Transit.
(c)
Informational signs of a public utility regarding its poles, lines, pipes or facilities.
(d)
Existing awning, canopy or marquee signs projecting over a public right-of-way subject to the conditions of Section 224-174 of this Article.
(e)
Signs overhanging and projecting into the public right-of-way as approved by the Municipal Council.
(2)
Temporary signs. Temporary signs for which a permit has been issued in accordance with Section 224-167 which shall be issued only for signs meeting the following requirements:
(a)
Term and number of permits. The term of such a permit shall not exceed 60 days. No more than one permit for temporary signs shall be issued to any one applicant or organization in any calendar year.
(b)
Number of signs. The number of signs shall be determined on a case-by-case basis depending on the event, sign location and size.
(c)
Content and purpose. The purpose of these signs shall be expressly for or related to the promotion of the public welfare, advancement of community purposes or in support of charitable organizations. No message of strictly commercial purposes shall be permitted.
(3)
Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.
B.
Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City of Absecon City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
§ 224-170 Exempt signs.
[1997 Code § 224-170]
The following signs shall be exempt from regulation under this Article:
A.
Any public notice or warnings required by a valid and applicable Federal, State, County or local law, regulation or ordinance.
B.
Works of art that do not include a commercial message.
C.
Holiday lights and decorations with no commercial message.
D.
Incidental signs on private property erected for the purpose of traffic control, the face and dimension of which meet New Jersey Department of Transportation standards and which contain no commercial message of any sort.
E.
Flags of the United States, the State of New Jersey, County of Atlantic, City of Absecon City or foreign nations having diplomatic relations with the United States and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole at the top of which is more than 40 feet in height. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.
§ 224-171 Prohibited signs.
[1997 Code § 224-171]
A.
All signs not expressly permitted under this Article or exempt from regulation hereunder in accordance with the previous section are prohibited in the City of Absecon City. Such signs include, but are not limited to:
§ 224-172 Signs permitted in all zoning districts.
[1997 Code § 224-172]
The following signs are allowed in all zoning districts of the City of Absecon City without the issuance of a sign permit:
A.
Signs within residential districts not exceeding two square feet in area and bearing only property numbers, post office box numbers or names of the occupants of the premises.
B.
Constructions signs, limited to one nonilluminated sign for each street frontage of a construction project, not to exceed 16 square feet in sign area in residential districts or 24 square feet in sign area in all other zones. Such signs may be erected 60 days prior to the beginning of construction and shall be removed 30 days following completion of construction.
C.
Real estate signs, limited to one nonilluminated sign for each street frontage of a listed lot or premises, not to exceed six square feet in sign area in residential districts or 12 square feet in sign area in all other zones. Such signs shall be removed within 24 hours following settlement of the property sale, rental or leasing of the real estate involved.
D.
Political signs, nonilluminated, which may be erected 60 days prior to the election or referendum concerned and shall be removed 10 days after the election or referendum.
E.
Temporary signs and decorations, including but not limited to banners, beacons, pennants, inflatable signs and tethered balloons, displayed as an integral part of a grand opening of a legally permitted commercial use for a period not to exceed 30 days.
§ 224-173 Temporary signs on private property.
[1997 Code § 224-173]
Temporary signs on private property, excluding those signs permitted without review in Section 224-172, shall be allowed only upon issuance of a temporary sign permit, which shall be subject to the following requirements:
A.
Term. The length of time for a temporary sign is 30 days.
B.
Number. There is no limit as to the number of temporary signs throughout the year or at any given time.
C.
Sign area. Temporary sign area is included in the total signage area permitted and can be any percentage of that amount.
D.
Other conditions. A temporary sign shall be allowed only in the districts designated in Schedule A which may be found at the end of this Article.
§ 224-174 Nonconforming signs.
[1997 Code § 224-174]
A.
Nonconforming existing signs.
(1)
All signs which were in existence as of April 27, 1995, shall be deemed to be nonconforming existing signs which shall be permitted to continue pursuant to this Article.
(2)
Signs which came into existence after April 27, 1995, and which are not in conformity with this article must be in conformity within one year of the effective date of this Article.
B.
Signs included as part of a site plan approval. Signs that are the subject of site plan applications received after the enactment of this Article shall be subject to all of the terms and conditions of this Article and shall not be entitled to the protection of paragraph A.
§ 224-175 Violations and penalties.
[1997 Code § 224-175]
Penalties may be found in Section 224-187, Violations and Penalties.
Any of the following shall be a violation of this Article and shall be subject to the enforcement remedies and penalties provided by this Article and by state law:
A.
To install, create, erect or maintain any sign in a way that is inconsistent with any site plan approval or sign permit governing such sign or the lot on which the sign is located.
B.
To install, create, erect or maintain any sign requiring a permit without such a permit.
C.
To fail to remove any sign that is installed, created, erected or maintained in violation of this Article, or for which the sign permit has lapsed.