Allentown City Zoning Code
§ 28-10.10.2
Signs.
[Added 4-20-2021 by Ord. No. 03-2021]
Definitions. As used in this section, the following terms shall have the meanings indicated:
Shall mean any sign which is designed and erected solely for the purpose of traffic or pedestrian direction which is placed on the property to which or on which the public is directed. Such signs may contain a business or professional name, but no advertising copy. Such design shall not exceed three square feet, except in residential districts where such signs shall not exceed one square foot, and as otherwise specified herein.
Shall mean the portion of the sign on which the message should be placed.
Shall mean the exterior width of a structure in commercial use, multiplied by 10 feet for each floor for which business is actively engaged, for the vertical dimension, to create an area in square feet for the purpose only of calculating allowable sign area. Storage, unimproved, vacant or noncommercial space, attics or lofts, all located above the first floor, shall not qualify for calculation of facade area. Noncommercial first floor area shall cause a proportionate reduction in the facade area for the calculation of allowable sign area.
Buildings which are not principally rectangular in shape. The Zoning Officer may designate the facade(s) which, at his or her sole discretion, best face the public streets and form the principal facade. A secondary facade may also be designated if the building faces a second public street. For example, three sides of an octagonal structure which face the street could be designated the primary facade.
The facade of a structure where the primary entrance is located, typically the front side facing the street named in the property's postal designation. The placement of a main entrance at the corner or side of a structure near the street side shall not change the principal facade from the side facing the street.
A facade which faces a public street, other than the primary facade. The secondary facade area may be used to support additional signage only to the extent that it contains display areas, windows or other architectural features which makes its appearance substantially the same as the principal facade.
Shall mean a temporary sign which advertises candidates for public office or statements on issues for which residents of the Borough of Allentown are eligible to vote.
Shall mean any building, within which a permitted commercial use is located, whether such business use occupies the entirety or any portion of the building.
Shall mean any sign pertaining to the sale, lease or rental of lands or buildings.
Shall mean any device that is intended to provide visual communication to others. A "sign" may have any and all of the following elements:
Shall mean the area in square feet of a rectangle drawn so as to include the entire sign face. Any area upon which any logo, trademark, or otherwise protected design, image or wording shall count towards sign area.
Shall mean a plane consisting of the total area of the display area and decorative features as viewed from a point of optimal visibility of the display area and decorative features. No sign shall have more than two "sign faces."
Shall mean any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
Shall mean the material means by which the other portions of the sign are held in place.
General Provisions.
Signs in all zones, whether permitted or nonconforming, shall be kept in good repair, which shall include replacement or repair of broken or malfunctioning structural elements, casings, facings or lighting elements and the maintenance of legibility. Upon determination that a sign has become structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the owner of the building or premises by which such unsafe sign is affixed or erected.
In residential districts, no stationary signs shall be permitted, except customary professional signs, tourist home signs not larger than one square foot, real estate signs not larger than eight square feet, when placed on properties offered for sale or rent, customary signs identifying any building or use permitted under this chapter and signs necessary to the public welfare.
In the business district, no stationary signs shall be permitted except those permitted in the residential districts and signs in accordance with the schedule of sign area which governs the number of signs, the total sign area and maximum sign area according to the facade area of the business premises. The number of signs permitted in the schedule of sign area shall not be exceeded except as follows:
Within a structure having a separate facade, entry and postal designation, each such unit shall be considered a premises, or
Where there are multiple uses within a single premises, any business served solely by a separate entrance and having a separate facade from the primary entrance to the premises may erect a wall mounted sign not to exceed six square feet on the facade on which the facade is located and within five feet of the entrance.
No sign may extend over the sidewalk or other public way for a distance of more than five feet. All signs extending over a sidewalk shall be erected at least 10 feet above the sidewalk, but shall be no higher than 15 feet at the top edge of the sign. The maximum area shall be 20 square feet. A sign erected in this fashion shall be considered a single sign face, even if lettered on both sides.
Advertising display on a building or structure shall be considered as coming within the meaning of the above regulations.
Directional signs having an area of less than two square feet are exempt from any location regulations, except that they should be located a minimum of five feet from any property line.
No sign using red, green, blue or amber illumination in a beam, beacon or flashing form, resembling emergency lights, shall be erected in any location.
No sign that fails to conform to these regulations shall be rebuilt, enlarged, changed or moved.
No sign except temporary signs, window signs, political, community bulletin boards or directional signs shall be erected prior to the issuance of a permit.
A community bulletin board may be allowed upon the approval of the Mayor and Council. Mayor and Council may allow or cause to be erected signage areas deemed to be appropriate for the advertising and display of items considered to be in the public interest.
Signs required by the U.S. Department of Transportation "Manual of Uniform Traffic Control Devices for Motor Vehicle, Pedestrian Safety" and U.S. Americans with Disabilities Act.
Prohibited Signs. The following are prohibited in all zones:
Any sign which does not advertise a permitted business or use located in the same premises.
Roof signs and signs extending above the wall to which they are attached.
Permanent marquees extending over the sidewalk beyond the street line, except as stated in paragraph b,4 above.
Signs posted on fences, posts, utility poles or trees.
Signs posted on Borough property, except where specifically authorized by the Borough.
Signs installed or painted on sidewalks or curbs.
Signs using mechanical or electrical devices or wind to revolve, flash or display movement or the illusion of movement or to spell alternating messages.
Signs on abutments, retaining walls or embankments.
Signs painted directly on buildings which obstruct any windows.
Signs which constitute a hazard to the traveling public by obstructing driving vision, regulatory directional signs or signals.
Pylon signs, except as permitted herein.
Billboard signs.
Automobile trailers, attached or unattached, or vehicles of any nature bearing signs or advertisements, parked or left stationary for more than 24 hours upon any vacant land or public street.
Signs using any lighting or control mechanism which may cause radio or television interference.
Illuminated signs where the source of light is directly visible from adjoining properties or streets.
Neon, internally illuminated or other fluorescent signs.
No provision contained herein shall be construed to prohibit signs which issue warnings or safety messages such as, but not limited to, "no hunting," "no trespassing," "beware of dog" or traffic directional signs.
All temporary signs, except as set forth herein.
Sidewalk signs.
Temporary Signs or Banners.
Not more than one temporary sign shall be permitted on any lot identifying architects, engineers, builders, brokers, contractors or others connected with the construction of any building on such lot. No such sign shall be displayed beyond the effective date of any certificate of occupancy affecting the premises. Unless affixed to the principal building, such signs shall be set back at least 10 feet from all property lines. Such temporary signs shall not exceed 15 square feet in area or 15 feet in height above the ground level.
One temporary sign may be erected or installed without a permit announcing that the property on which it is located is for sale or rent. Such sign shall not exceed eight square feet. The sign shall be set back a distance equal to one and one-half times its area in square feet. The "for sale" or "for lease" sign shall be removed within seven days following the completion of the sale or lease transaction.
One sign may be installed upon issuance of a permit for the announcement of grand openings or business closures (with a State issued going out of business permit) not to exceed 30 days of total signage for any of the above purposes.
Directional signs advertising "Open House" on a property, yard sales, car washes, etc. shall be allowed to be placed at the closest main intersection on the day of the event only. Direction signs shall not exceed four square feet. At no time shall a directional sign remain overnight. The person who placed the signs shall be responsible to take those signs down, in accordance with the time frame of no signs to remain overnight.
Political Signs. Temporary political signs shall be permitted in all zones for a period of two months prior to a primary, general or special election and for one week thereafter. The sign shall not exceed 12 square feet.
Window Lettering and Window Signs. Window lettering and signs shall be permitted only in the commercial zones. For the purpose of enforcing this chapter, window lettering and signs shall be subject to the following restrictions:
All window lettering and signs shall be on the window interior and shall be considered as a sign as defined in this chapter.
Permanent window lettering or signs shall be permitted only if the rectangle or circle confining such lettering or sign or the background upon which it appears does not exceed 20% of the window area and further, that no window sign shall exceed the total window area permitted for a sign. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains lettering or background advertising.
The window lettering or signs shall pertain only to the establishment occupying that portion of the premises where the window is located.
Temporary window lettering or signs advertising special sales or events shall be removed within 7 days following the advertised event or within 30 days after the affixing of the same, whichever is earlier. Such temporary window lettering or signs, in conjunction with any permanent window lettering or sign, shall not cover more than 50% of the window area nor exceed the area permitted for a sign.
All window lettering and signs shall be kept in good repair.
The Zoning Officer shall have the authority to order the removal of any window lettering or sign which does not conform to these specifications. Any owner or tenant not complying within 72 hours of such order shall be in violation of the provisions of this chapter and subject to the penalties set forth herein.
Permits.
No sign shall be erected, enlarged or relocated except in accordance with the provisions of this section and until a permit has been issued. Any sign meeting all the requirements as set forth in this section shall be issued a permit by the Zoning Officer without site plan review, provided that no additional structure is necessary to mount the proposed sign, and further provided that the sign to be erected will not be illuminated.
All applications for sign permits shall be either submitted directly to the Planning Board, where illumination is requested, or forwarded to the Zoning Officer before a permit may be issued. Such application shall be accompanied by sketches and drawings showing details of construction, support and attachment and shall delineate the size, shape, design, coloring, lettering, lighting and position in relation to the building from or upon which it shall be displayed.
In addition, the issuance of a sign permit hereunder shall not relieve the owner or the lessee of the premises from the duty to apply for a construction permit, if required by the Uniform Construction Code, nor relieve the permittee from the duty of maintaining any structure in a safe condition.
The following signs shall be permitted without the required sign permit:
Signs designating entrance or exit to and from parking areas for institutional public use, limited to one sign with the maximum area of two square feet for each such exit or entrance. One additional sign per parking area designating the conditions of use or identity thereof, with a maximum area of six square feet, shall be permitted.
A sign with a maximum area of two square feet indicating the name and address of the occupant of any dwelling and/or any professional activity carried on therein.
Signs identifying the names of schools, colleges, houses of worship or other similar public or semipublic institutions, provided that:
The area of any freestanding sign shall not exceed ten square feet and not more than one such sign shall be placed along any street on which such property fronts.
Not more than two additional such signs may be located on the walls of any structures on the site. The area of such signs shall not exceed the lesser of 25 square feet or 2% of the area of the wall to which it is affixed. The wall area shall be measured from the ground level to the bottom of the roof eaves and from one side of the building to the other.
Any sign erected by Allentown Borough, Monmouth County, the State of New Jersey or the Federal government.
Signs used for protection of the public during construction, repairs and emergencies.
Residential Districts. Only the following signs shall be permitted in any residential district:
Historic District. All signs within the Historic Business District (HB-D) must be in keeping with the area and style architecture of the property on which it is being placed. The enforcing officer at his or her sole discretion may refer any application for a sign to the Historic Preservation Commission for their comment prior to the issuance of a permit.
Enforcing Officer. The Zoning Officer shall enforce the provisions hereof.
Schedule of Building Facade Area and Allowable Sign Area.
Schedule of Building Facade Area and Allowable Sign Area | ||||||
|---|---|---|---|---|---|---|
Facade Area | Up to 200 Square Feet | 201 to 350 Square Feet | 351 to 500 Square Feet | 501 to 750 Square Feet | 750 to 999 Square Feet | 1,000 and Greater |
Sign Area, Percentage of Facade | 20% | 17% | 14% | 11% | 8% | 7% |
Maximum Sign Area | 30 Square Feet | 45 Square Feet | 50 Square Feet | 55 Square Feet | 60 Square Feet | 70 Square Feet |
Maximum Number of Sign Faces | 3 | 3 | 3 | 3 | 4 | 5 |
Maximum Area per Sign Face | 15 | 20 | 20 | 20 | 25 | 30 |
Facade area is defined as the width of a building facade multiplied by 10 feet of height for each floor used for business purposes.
If a floor above the first floor is used only partly for business uses, the facade area for that floor will be multiplied by the percentage of the floor used for business purposes. Storage space, lofts and attics above the first floor do not count towards facade area.
Example: Business "A" is in a building measuring 38 feet wide. The entire first floor is occupied by businesses, as is half of the second level. The third floor is residential apartments.
First Floor: 38 feet times 10 equals 380 |
Second Floor: 38 feet times 10 times 50% equals 190 |
Third Floor: 38 feet times zero (no business uses) |
Total area equals 570 square feet. The applicant can have 55 square feet of signage on up to 3 sign faces.