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Barrington City Zoning Code

ARTICLE V

Signs; Supplemental Regulations

§ 360-28 Application and permit. [1]

It shall be unlawful for any person, firm or corporation to erect, alter, relocate or maintain within the Borough of Barrington any sign as set forth and defined in this chapter, except those hereinafter exempted, without first making application for and maintaining annually a permit from the Borough Clerk, which shall be in addition to any other licenses or permits which may be required by other ordinances.
A. 
Application. Application for permits shall be on Borough forms and shall contain the following information:
(1) 
The name, address and telephone number of the applicant and of the sign erector.
(2) 
The location of the building, structure or lot to which the sign is or is to be attached or erected.
(3) 
The position of the sign in relation to nearby buildings or structures.
(4) 
The name of the person, firm, corporation or association erecting the sign, if new construction.
(5) 
The name of the owner of the property on which the sign is located and written consent of the owner if other than the applicant.
(6) 
A scale drawing of the sign, showing all details, including message, color, lighting, structural design and anchorage.
(7) 
Such other information as the Zoning Officer shall require to show full compliance with this and all other ordinances of the Borough.
B. 
Procedure. The Borough Clerk, upon receipt of an application, shall refer the same to the Zoning Officer, who shall examine or cause to be examined the application and, when necessary, examine or cause to be examined the lands and/or premises upon which the sign is erected or proposed to be erected and determine whether the structure or proposed structure is in compliance with all of the requirements of this chapter and all other laws and ordinances of the Borough of Barrington. The Zoning Officer's determination shall be noted on the application, which shall be returned to the Borough Clerk. If the determination is favorable, the Borough Clerk shall accept the prescribed fee and issue a permit; if the determination is unfavorable, the application shall be rejected by the Borough Clerk.
C. 
The following signs shall not be subject to the Article V regulations:
(1) 
Signs of a duly constituted government.
(2) 
Signs, flags or emblems of a political, civic, philanthropic, educational or religious organization.
(3) 
Memorial signs or tablets.
(4) 
Signs, not to exceed three in number, denoting the architect, engineer and/or contractor when placed on a construction site, and not exceeding six square feet in total area.
(5) 
Nameplates having an area of less than 1/2 square foot.
(6) 
Signs not exceeding two square feet in area, used for the identification, protection or operation of public utility facilities.
(7) 
Interior, temporary window signs of an easily destructible nature, e.g., paper signs.
(8) 
Temporary signs on new construction, provided that such signs are located not less than 30 feet from any lot line, shall be immediately removed upon the completion of construction and shall be maintained in good condition, provided that, upon removal of the sign, the site shall be restored to a safe and sanitary condition. The area of such temporary signs on new construction shall be limited in accordance with the dollar value of the building permit issued, as follows:
Dollar Value of Permit
Area of Sign
(square feet)
$100,000 to $250,000
24
$250,000 to $500,000
40
$500,000 and over
128
(9) 
A nonilluminated, temporary sign advertising the prospective or completed sale or rental of the premises upon which it is located, not exceeding six square feet in area, provided that it shall be maintained and shall be removed within seven days after consummation of a lease or sale transaction.
(10) 
Directional, informational or public service signs, such as all signs advertising the location of rest rooms, telephones and similar facilities of public convenience and such as signs relating to the use of parking areas and spaces and to direct the flow of traffic.
(11) 
Any label or trademark affixed or painted on a machine or dispenser, such as dispensers of ice, milk, beverage, candy or food or fuel or oil pumps, which identifies only the product being dispensed; such identification may include the brand name of the product.
(12) 
Any sign placed upon lands and premises owned by the Borough of Barrington, with the consent of the Mayor and Council of the Borough of Barrington in formal resolution, shall be exempt from the provisions of §§ 360-28 through 360-30.[2]
[2]
Editor's Note: Original § 128-30D, Fees, expirations and computation of size, which immediately followed this subsection, was repealed 5-11-1999 by Ord. No. 724.
[1]
Editor's Note: Original § 128-30, Agriculture District, of the 1982 Code, which immediately preceded this section, was repealed 1-11-1987 by Ord. No. 498.

§ 360-29 General provisions.

The following sign regulations shall be observed in all districts:
A. 
No signs except those of a duly constituted governmental body, including traffic signs and similar regulatory notices, shall be allowed within street right-of-way lines.
B. 
All signs permitted under this chapter must be constructed of durable materials and must at all times be kept in good condition and repair.
C. 
All refuse and paper shall be constantly removed from the ground spaces at least 15 feet in all directions around the sign.
D. 
No sign shall be placed in such a position that it will cause danger to traffic on a street or which is entering a street, by obscuring the view.
E. 
All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to the Building Code of the Borough of Barrington.
F. 
An off-premises directional sign which gives the location of and directions to a specific industrial or commercial establishment located within the Borough of Barrington shall be permitted in all nonresidential districts, and no other off-premises signs shall be permitted within the Borough. Each such establishment shall be permitted only one sign of this type, said sign to have not more than two printed faces, and the area of each face shall not exceed 15 square feet. If illuminated, such signs shall be nonflashing, nonmoving and nonglaring. Prior to issuing a permit for off-premises directional signs, the Zoning Officer shall submit the sign application to the Planning Board for review and recommendation.
G. 
Information signs may be located along any New Jersey State highway passing through or contiguous to the Borough of Barrington, but not upon state-owned or right-of-way property. Such signs shall identify the Borough of Barrington and shall list names and addresses of several industrial and commercial establishments located within the Borough of Barrington. All such signs of this type shall be undertaken jointly by not less than four such establishments. Said signs shall have not more than one printed face; the area shall not be less than 200 square feet. If illuminated, such signs shall be nonflashing, nonmoving and nonglaring. Prior to issuing a permit for signs such as are described in this subsection, the Zoning Officer shall submit the sign application to the Planning Board for review and recommendation as to location and design.
H. 
Signs prohibited in all zones:
(1) 
A flashing, blinking, twinkling, digital, animated or moving sign of any type; including but not limited to LED (light emitting diode) or LCD (liquid crystal display) signs.
[Amended 7-14-2009 by Ord. No. 936]
(2) 
Signs with any lighting or control mechanism which may cause radio or television interference.
(3) 
Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or fire fighting with any opening required for legal ventilation.[1]
[1]
Editor's Note: Original § 128-31H(4), regarding signs utilizing red, green and amber when signs are placed with 200 feet of a street intersection, of the 1982 Code, which immediately followed this subsection, was repealed 4-11-2017 by Ord. No. 1071.
(4) 
Any sign which is of such a form, character or shape as to confuse or dangerously distract the attention of the operator of a vehicle.
(5) 
Any advertisement which uses a series of two or more signs or units, placed in a line parallel to the highway or in a similar fashion, all carrying a single advertising message, part of which is contained on each sign.
(6) 
Signs which in any way simulate official, directional or warning signs erected or maintained by the State of New Jersey or any county or municipality thereof or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.
(7) 
Signs painted on fences or roofs or attached to roofs.
[Amended 4-12-1988 by Ord. No. 512]
(8) 
Political signs except as follows: political signs not exceeding four square feet in size are permitted 45 days prior to any election. Said political signs must be removed no later than 48 hours following the election.
[Added 5-14-1996 by Ord. No. 676; amended 2-8-2005 by Ord. No. 807; 5-14-2024 by Ord. No. 1187]
I. 
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign may be found within 10 days after written notification from the Zoning Officer, and upon failure to comply with such notice within the time specified, the Zoning Officer shall cause the removal of such sign, and any expense incident thereto shall be assessed against the owner of the building or lot or structure to which such sign is attached. All unlicensed signs shall be removed upon 10 days' notice in writing to the landowner or lessor or the lessee of the premises upon which the sign is placed.
J. 
Signs by special permit. Subject to the following conditions, variations in the above sign regulations may be granted by special permit by the Planning Board pursuant to Article VIII of this chapter, except that no off-premises signs shall be permitted within the Borough except as provided in § 360-29F.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
K. 
Variances.
(1) 
Variation shall be granted only within the C-2 District fronting on White Horse Pike and the M Districts within 400 feet of the New Jersey Turnpike.
(2) 
Within the C-2 or M Districts, variations in projecting or freestanding signs shall not exceed twice the maximum permitted height to the top of the sign or three times the permitted area; within the above-defined areas of the M Districts, variations shall not exceed the above limitation, but a parallel sign may be of an area equal to 1/3 of the area of the side of the building on which it is to be placed.
(3) 
Variations must not result in an existing legal sign being obscured.
(4) 
The decision of the Planning Board shall be based on consideration of the following: ratio between the size of the building and size of the sign; setback (distance from which the sign must be read); speed at which the sign must be read; public health, safety and welfare; and the message of the sign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
L. 
Signs for multi-use buildings.
[Added 1-8-1980 by Ord. No. 388]
(1) 
Any building or complex of buildings in a commercial or manufacturing district, which is divided into two or more permissible uses but is situated on a single individual lot or combination of contiguous lots owned by one person, firm or entity, shall be considered as one building for the purposes of this article and shall be entitled to one freestanding sign. For the purposes of this article, a "freestanding sign" shall mean any sign attached to a structure, the sole purpose of such structure being to support the sign. A freestanding sign may be devoted to the use of the principal business, or its allowable square footage may be divided among the multiple uses, subject to the limitations set forth below, at the discretion of the owner of the building. Each business or use within the building or complex having its own individual street frontage shall be considered as a separate business for the purposes of permitting parallel or projecting signs to be attached to the building.
(2) 
A freestanding sign for a multi-use building or complex of buildings shall be subject to the following limitations:
(a) 
The maximum total area shall be 90 square feet on each face, subject to the further limitation that no sign for any individual business or use shall exceed 10 square feet.
(b) 
Height of sign: 25 feet maximum.
(c) 
Height, curb level to the bottom of the sign: 10 feet minimum.
(d) 
Width: six feet maximum.
(e) 
Illumination: nonglaring, nonmoving.
(f) 
Number permitted: one per street front, in lieu of individual freestanding signs.
(g) 
Location: a minimum of 20 feet from intersecting curblines, and so that the extreme limit of the sign is at least two feet from any lot line.

§ 360-30 Business signs.

The following business sign regulations shall be observed in each district, and no business signs shall be permitted except as hereinafter specified:
A. 
Business signs in commercial districts. The following regulations shall apply in commercial districts:[1]
(1) 
Parallel signs. Signs parallel to the wall to which they are attached shall not project more than eight inches therefrom, shall be located between curb level and the lowest edge of the roof and shall conform to the following regulations:
Regulation
District in Which Permitted
Area
30 square feet maximum
C-2 and RC-5
60 square feet maximum
C-1
Or, if building fronts onto more than one street, a total of 90 square feet will be allowed, but not more than 60 square feet on any one building front.
Regulation
District in Which Permitted
Height of sign
3 feet maximum
C-1 and RC-5
4 feet maximum
C-2
Height, curb level to bottom of sign
10 feet minimum
All C and RC-5
Number permitted
1 per street front
All C and RC-5
Illumination (nonglaring, nonmoving and nonflashing)
All C and RC-5
(2) 
Projecting signs. Projecting signs shall be attached to a wall in such a manner that the faces of the sign form an angle with the wall and shall be located so that the extreme limit of the sign is at least two feet from any lot line and shall conform to the following regulations:
Regulation
Districts in Which Permitted
Area
9 square feet on each face, maximum
All C and RC-5
Height, curb level to bottom of sign
10 feet minimum
All C and RC-5
Number permitted
1 per premises in lieu of parallel signs
RC-5
Illumination
All C and RC-5
(3) 
Freestanding signs. Business signs not attached to any wall and which are self-supporting, freestanding structures shall be located so that the extreme limit of the sign is at least two feet from any lot line and shall conform to the following regulations:
Regulation
District in Which Permitted
Area
10 square feet (on each face) maximum
All C and RC-5
Height
Curb level to top of sign, 10 feet maximum
All C and RC-5
Curb level to bottom of sign, 2 feet minimum
All C and RC-5
Number permitted
1 per premises
All C and RC-5
Illumination, nonglaring, nonmoving and nonflashing
All C and RC-5
Location, a minimum of 20 feet from intersecting curblines
All C and RC-5
Only minor, movable, freestanding signs, not more than 6 square feet in area on each face, shall be permitted in the C-2 District, 1 for each premises.
[1]
Editor's Note: Original § 128-32, Subsection A, Business signs in residential districts, of the 1982 Code, which immediately preceded this subsection, was repealed 5-11-1999 by Ord. No. 724.
B. 
Business signs in manufacturing districts.
(1) 
Parallel signs shall conform to the following:
Regulation
District in Which Permitted
Area
60 square feet maximum
M-1 and M-2
Or, if building fronts onto more than one street, a total of 90 square feet will be allowed, but not more than 60 square feet on any one building front.
Regulation
District in Which Permitted
Height
No higher than lowest edge of roofline
M-1 and M-2
From curb level to bottom of sign, 4 feet minimum
M-1 and M-2
Number permitted
1 per premises
M-1 and M-2
Illumination, only indirect, nonglaring, nonflashing and nonmoving
M-1 and M-2
(2) 
Projecting signs. Projecting signs shall be attached to a wall in such a manner that the faces of the sign form an angle with the wall and shall be located so that the extreme limit of the sign is at least two feet from any lot line and shall conform to the following regulations:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Regulation
District in Which Permitted
Area
9 square feet on each face maximum
M-1 and M-2
Height
Curb level to bottom of sign, 10 feet minimum
M-1 and M-2
Number permitted
1 per premises in lieu of parallel signs
M-1 and M-2
Illumination
Same as parallel sign
M-1 and M-2
(3) 
Freestanding signs.
Regulation
District in Which Permitted
Area
30 square feet (on each face), maximum
M-1 and M-2
Height
From curb level to top of sign, 14 feet maximum
M-1 and M-2
From curb level to bottom of sign, 4 feet minimum
M-1 and M-2
Number permitted
1 per premises
M-1 and M-2
Illumination, indirect, nonglaring, nonmoving and nonflashing
M-1 and M-2
Location
A minimum of 50 feet from intersecting curblines
M-1 and M-2

§ 360-31 Fence, wall and hedge height restrictions.

[Amended 11-9-1982 by Ord. No. 441; 8-14-1990 by Ord. No. 551; 6-14-2005 by Ord. No. 811]
The following shall apply to all districts:
A. 
Fences, walls and hedges shall be permitted in any required yard or along the edge of any yard, provided that any fence, wall or hedge along the sides or front of any front yard shall not exceed three feet in height.
B. 
No fence, wall or hedge of any kind higher than six feet in height shall be permitted in any side or rear yard.
C. 
Restricted sight triangle. Within a restricted sight triangle, as defined in § 360-13, fences, hedges, walls, retaining walls, structures and landscaping designs are limited to a maximum of 36 inches above the adjacent sidewalk, or the adjacent street where there is no sidewalk, to ensure an unobstructed view for motorists.
[Added 1-19-2006 by Ord. No. 830; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 360-32 Stripping of topsoil, excavation of clay, sand, gravel or rock.

The following shall apply to all districts:
A. 
Topsoil or sod may be removed only under the following conditions:
(1) 
As part of the construction or alteration of a building or the grading incidental to such building.
(2) 
In connection with normal lawn preparation and maintenance on the lot from which such topsoil or sod is removed.
(3) 
In connection with the construction or alteration of a street.
B. 
The excavation of clay, sand, gravel, rock or other mineral shall be permitted, and the material thus excavated may be sold only under the following conditions, and subject to applicable state regulations:
(1) 
As part of the construction of a building or the construction or alteration of a street.
(2) 
The surface of the lot shall not be graded to a level below that of adjoining streets.
(3) 
Excavation shall not be conducted in a way which will leave loose boulders exposed.

§ 360-33 Projections into required yards.

All required yards shall be unobstructed except as follows:
A. 
The following shall apply to all districts:
(1) 
An arbor, open trellis, flagpole, unroofed steps or an unroofed terrace or recreation or drying yard equipment shall be permitted with no restrictions.
(2) 
An awning or movable canopy may project into any yard not more than 10 feet.
(3) 
An open fire escape or unroofed porch may project not more than six feet into any yard.
(4) 
Swimming pools shall also conform to the State Uniform Construction Code.
[Amended 1-9-1990 by Ord. No. 544; 3-14-1995 by Ord. No. 653; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5) 
Bomb and fallout cellars may be permitted in yard area by a special permit, subject to Planning Board approval and review by the Borough Engineer, for which a permit fee shall be paid.
(6) 
In all residential districts within blocks in which over 50% of the lots are developed, detached, private garages or accessory buildings not connected to the main building may be constructed only within the rear yard area as established in this chapter, but in no case shall they be less than three feet from any rear lot line or side lot line.
(7) 
Overhang setbacks. The overhang in all residential districts for the primary building or structure or any appurtenance connected to said primary building or structure shall not extend more than two feet into the minimum yard requirements but in no case less than three feet from the side yard or rear yard property line. The overhang in all residential districts for any accessory structure or detached garage shall not extend within three feet of the side yard or rear yard property line.
[Added 3-14-1995 by Ord. No. 654; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]