Berkeley Heights City Zoning Code

The general intent of this part is to regulate and control the erection of signs within the Township to ensure an appropriate visual environment, increase property values and assist the general public in the location of various activities and businesses.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The purpose of this part is to promote the public health, safety, and general welfare through a comprehensive system of sign standards and requirements that provides the public with appropriate information in a form and manner which will be beneficial to the community. Specifically, this part is enacted to:

1.

Regulate the nature and extent of signs within all zoning districts of the Township, through appropriate standards for such things as number, size, location, illumination, movement, materials, and design of signs;

2.

Provide for a reasonable system of control of signs, integrated within and as a part of the comprehensive zoning plan established in the Municipal Land Use Procedures Ordinance;

3.

Protect, preserve, and enhance the unique aesthetic character, beauty, and charm of the Township, and thereby protect property values and encourage economic development within the Township;

4.

Complement Part 19 Design Standards of the Municipal Land Use Procedures Ordinance and encourage the construction of signs of high-quality materials that are aesthetically pleasing and are compatible with their surroundings and with the buildings they identify;

5.

Ensure that permitted signs provide adequate identification and direction while minimizing physical and visual clutter and preventing possible traffic and pedestrian safety hazards;

6.

Establish a clear process for the review and approval of sign permit applications as well as the enforcement of the provisions set forth herein within this Part.

(Ord. No. 16-2021, § II, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

In addition to those definitions contained in Part 2 of this Ordinance, the following definitions shall be specifically applicable to this Part:

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The requirements of this Part shall apply to all signs erected, altered, or maintained after the effective date of this Part.

B.

Existing signs installed by valid permit that are made nonconforming by adoption of this Part may continue to exist, except that they may be required to be removed or brought into conformity with the provisions of this Part in certain circumstances as specified in Article 5.13.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Permit Required. It shall be unlawful for any person to erect, alter the physical structure or message of, or relocate any sign without first obtaining a permit from the Zoning Officer and making payment of the fee required unless such actions are specifically exempt from this provision under Article 5.6.

B.

Sign Permit Application.

1)

All application for sign permits shall be made upon forms provided by the Zoning Officer and shall contain, or have attached, the following information:

a.

Date of application.

b.

Name, address, and telephone number of applicant.

c.

Location (by Lot and Block number and street address) of building, structure, or lot to which, or upon which the sign is to be erected or attached.

d.

Name of person, firm or association erecting the sign.

e.

Written consent of the owner of the building, structure, or land to which, or upon which, the sign is to be attached or erected.

2)

A Master Signage Plan must accompany any application for sign permit. A Master Signage Plan shall be drawn to scale and depict the following:

a.

The design of each sign face and supporting structure, including dimensions, area, height, depth, number of faces, size and font of lettering, logo/image, color scheme (PMS samples), materials, structural and construction details, and illumination.

b.

If signs attached to a building are proposed, building elevations showing the dimensions of each façade, window, and canopy of the building to which a sign is to be attached, in sufficient detail to clearly indicate the location, dimension, area, and illumination of all existing and proposed permanent signs affixed to the walls, windows and canopies of the building.

c.

If ground signs are proposed, a plot plan of the lot showing the location of buildings, parking lots, driveways, landscaped areas, street rights-of-way, edge of pavement, street curbs, sidewalks, and all existing and proposed permanent signs on the lot, in sufficient detail to clearly indicate the dimensions of the lot and the above referenced elements, as well as the distance between signs and the above referenced elements.

d.

A table referencing all applicable standards regulating the proposed signage in the Sign Matrix, summarizing what is proposed compared to what is required or permitted, and clearly indicating degree of compliance with each standard.

3)

The applicant shall provide any additional information which may be deemed necessary to determine whether the signage plan complies with the purpose of this Part.

4)

Three (3) copies of all forms and attachments shall be submitted unless the Zoning Officer deems a lesser quantity acceptable.

C.

Sign Permit Review.

1)

Once an application for a sign permit is received, the Zoning Officer shall date stamp the application and review it within ten (10) business days of the stamped date for completeness in accordance with the required information set forth in Section 5.5.B above. If an application is deemed incomplete, the Zoning Officer shall notify the applicant of the deficiencies and request additional information. Upon determination that an application is complete, the Zoning Officer shall stamp the date of completeness and notify the applicant of the determination.

2)

If an application is made for a sign in a downtown district (as defined in Section 19.5.1), the Zoning Officer shall refer the application for review by the Downtown Beautification Committee within five (5) business days of the date of completeness.

3)

The Zoning Officer, and the Downtown Beautification Committee when applicable, shall examine the application for compliance with the requirements of this Part and all other applicable laws and ordinances of the Township. The Zoning Officer shall issue a sign permit within twenty (20) business days from the date of completeness unless the applicant consents to an extension of such time if the proposed sign is found to meet all applicable requirements.

4)

An applicant may seek variance approval from the Planning Board or the Zoning Board of Adjustment for a sign that is determined not to comply with all applicable provisions and issued a denial letter by the Zoning Officer. An applicant for such nonconforming sign may be issued a sign permit by the Zoning Officer upon the granting of a variance from the Board with jurisdiction.

D.

Development Applications Involving the Installation or Modification of Signage.

1)

A Master Signage Plan must accompany any application for development filed with the Planning Board or the Zoning Board of Adjustment which involves installation or modification of any sign.

2)

Whenever a Master Signage Plan is filed with the Planning Board or the Zoning Board of Adjustment, a plot plan as described in Section 5.5.B.2.c shall be required for all applications, and all plans and drawings which comprise a part of the Master Signage Plan shall be prepared by a licensed architect, engineer and/or land surveyor, as appropriate.

3)

Whenever acting on a development application in a downtown district (as defined in Section 19.5.1) which involves the installation or modification by any sign, the reviewing Board shall refer the application to the Downtown Beautification Committee for review and recommendation prior to approving or denying any application for preliminary approval. The Downtown Beautification Committee shall submit recommendations to the reviewing Board within fifteen (15) days after receipt of a completed copy of the application.

4)

When installation or modification of a sign has been approved by the Planning Board or Zoning Board of Adjustment as part of a development application, the Zoning Officer shall issue a sign permit only if the proposed sign is consistent with the reviewing Board's approval.

E.

Register of Permits. The Zoning Officer shall maintain a register listing all approved permanent sign applications.

F.

Permit Fees. Every application for a sign permit shall be accompanied by an application fee payable to the Township of Berkeley Heights, in the amount of $50.00 per sign. No separate fee shall be required if an application for a sign permit is filed simultaneously with, and is related to, any application for preliminary or final subdivision or site plan review filed with the Planning Board or Zoning Board of Adjustment.

G.

Sign Permit Revocable. All rights and privileges acquired under the provisions of this Part or any amendment thereto are revocable at any time by the Zoning Officer if the applicant fails to accurately depict the sign erected or to be erected or if the sign which is erected fails to meet the details or the detailed drawing submitted by the applicant.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The following signs shall be allowed without a sign permit, provided that they comply with all other applicable provisions of this Ordinance, and shall not be included in the determination of the type, number, or area of signs allowed for each type of land use:

1)

Signs which are not visible from a public right-of-way.

2)

Any sign located inside a building or other enclosed structure, that is not attached to a window or door, and is not readable from a distance of three (3) feet or more beyond the lot line of the parcel nearest to where such sign is located.

3)

Any sign required by a valid and applicable federal, state, county, or local law, or erected by or at the order of government agencies or public utilities, including but not limited to public notices and warnings, traffic control and parking regulation signs, signs for identification of public facilities, and signs for utility, construction, and railroad crossing.

4)

Non-illuminated residential and professional nameplates not to exceed seven (7) inches by eighteen (18) inches. Residential nameplates shall be limited to one (1) per residential dwelling unit and professional nameplates shall be limited to one (1) per lawful occupant of the premises. All such signs on a building or directory shall be of uniform size, color, style, and material.

5)

One (1) sign stating "Open" or "Closed" that is placed on the front window or door of an establishment. The sign area shall not exceed twenty-four (24) inches by ten (10) inches, and the sign shall not project more than two (2) inches from the surface of the window or door on which it is placed. Such sign may be backlit by red or blue LED lights, provided that the illumination does not cause glare, and does not flash, move, or have any other feature that may be disruptive to traffic. Further, such lights must be turned off when the establishment is closed.

6)

Directional signs not exceeding three (3) square feet and located a minimum of five (5) feet from any property line. Directional signs shall not block the line of sight from driveways and roads.

7)

Security signs on private property not larger than two (2) feet by three (3) feet. Such signs shall be black letters on white background with a maximum limit of four (4) such signs for each acre of the parcel on which located. One (1) such sign shall be permitted regardless of the size of the parcel.

8)

Holiday and seasonal lights and decorations with no commercial message, excluding inflatables.

9)

Historic tablets, cornerstones, memorial plaques, and emblems not exceeding four (4) square feet in area.

10)

One (1) on-premises, non-illuminated ground real estate sign, garage sale sign, open house sign, or construction sign not to exceed six (6) square feet in area and four (4) feet in height. Any such sign shall only be displayed during the time when the person or business erecting the sign is actively engaged in performing the service on or for the premises where the sign is located, and must be removed no later than five (5) days after the cessation of said service.

B.

Temporary Non-Commercial Signs

1)

Temporary noncommercial signs shall be permitted for displaying messages including but not limited to political messages, advocacy messages, public questions, and public statements subject to the following requirements.

a.

The sign shall be clearly marked with the name of the person or organization responsible for the sign.

b.

Sign(s) shall not be illuminated, affixed by tacking, pasting, or otherwise mounting upon utility poles, fenceposts, other signs or sign posts, light stands, trees, posts, fences, or traffic signs.

c.

Sign(s)/banners shall be no more than a total of twelve (12) square feet in area per residential property.

d.

Signs may be placed within the front or side yards of private property, provided that no such sign shall be placed within the public right-of-way. Any sign that is placed within the public right-of-way shall be subject to removal by the Township.

2)

Designating person responsible for temporary noncommercial signs.

a.

The candidate, organization, group or citizen or their designee must obtain a "Temporary Non-Commercial Sign Information Sheet" from either the Township Clerk's Office or from the Township website. The candidate, organization, group or citizen or their designee must complete and return the information sheet prior to any sign being erected by or on behalf of a candidate, organization, group, or citizen. The person completing the information sheet must sign same acknowledging that they understand and agree to strictly adhere to provisions contained in Section 5.6.B(1).

b.

If a designee completes the information sheet on behalf of the candidate, organization, group, or citizen, the Township Clerk shall cause a copy of same to be mailed to the candidate, organization, group, or citizen.

c.

The designated person listed on the information sheet shall remove or cause to be removed within twenty-four (24) hours of receipt of notification the sign(s) that has been placed within or affixed upon any right-of-way, public place, or public facility in violation of the Code of the Township.

d.

When a sign(s) is located on private property in violation of this chapter the designated person on the information sheet shall remove or cause the sign(s) to be removed within twenty-four (24) hours of receipt of notification. In the event there is no information sheet on file or the designated person fails to remove the sign(s), the owner of the property shall then be notified to remove said sign(s) within twenty-four (24) hours of receipt of notification to remove the signs.

e.

In the case of more than one (1) candidate's name appearing on the same sign, only one (1) candidate or their designee needs to sign the information sheet.

C.

Signs exempt from permit requirements but requiring Township approval. The following types of signs are exempt from general sign permit requirements as enumerated in Article 5.5 but require an alternative form of approval from the Township:

1.

Municipal Purpose Signs. The Township Council may authorize the erection of municipal purpose signs to advise the traveling public that they are entering or leaving the municipality or that they are at a location of historic significance. Any such signs shall comply with the following conditions:

a.

The sign is to be located within the public right-of-way, upon governmentally owned land, or upon private property where permission has been granted to the Township by recorded agreement.

b.

The sign is to be placed on a pole or standard which does not exceed eight (8) feet in height.

c.

The specific sign, location and content is to be approved by the Township Council before installation.

d.

The sign shall not be illuminated.

2.

Municipal Purpose Bulletin Boards. The Township Council may authorize the erection of municipal purpose bulletin boards to advise the public of information, including the scheduling of events, that is of general public interest. Such boards shall be subject to the following restrictions and requirements:

a.

The boards shall be located within the public right-of-way, upon governmentally owned land, or upon private land where permission has been granted to the Township by recorded agreement.

b.

The message area shall not exceed forty-two (42) square feet.

c.

The message area shall be on one (1) side only and the back side shall be attractively finished and adequately screened and landscaped.

d.

The design and location of each such board shall be approved by the Township Council before installation.

e.

The use of such boards shall be governed by a written policy including rules and regulations adopted by the Township Council.

3.

Temporary signs or banners advertising public or quasi-public events that are posted with the permission of the Township Clerk and Zoning Officer.

D.

Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this Part, such as prohibited placements and construction and maintenance responsibilities. The exemption shall apply to the requirement for a sign permit only.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Schedule of Permitted Signs. The Schedule of Permitted Signs is set forth below. Additional standards are indicated in Articles 5.7 to 5.11 of this Part.

B.

Sign Design and Materials.

1)

Signs should be constructed and designed in harmony with the building(s) they identify and the adjacent surroundings.

2)

The scale and dimension of signs should be proportionate to the building, and design elements, including material, texture, color, lettering, illustration, and illumination, should complement the architecture of the building and shall not cover or intrude upon any specific architectural feature of the building.

3)

Signs attached to the same building or located within a same development should be consistent in size, material, lettering, and illumination.

4)

The base and other supporting structures of ground signs should be proportionate in size to the sign face.

5)

The base and other supporting structures of ground signs shall be constructed of brick or stone masonry that is consistent in material, color, and detailing of the building, or constructed of treated wooden posts painted or wrapped in vinyl in a single color that is compatible with the color palette of the sign face.

6)

Pylon signs and aluminum cabinets shall be prohibited.

7)

Required materials for sign face include the following:

a.

Carved or sandblasted painted high-density eurythane foam or wood.

b.

Hard mounted pvc/komacel.

c.

Individual or dimensional letters of formed plastic or metal.

C.

Signs for uses not specifically addressed in this Part.

1)

Signs for mixed-use developments. In the case of a mixed-use development, each separate use shall be allowed to construct signs in accordance with the requirements for such use in Articles 5.8 to 5.11, except that only one (1) ground sign is permitted for the entire mixed-use development. Further, when the uses within the mixed-use development have conflicting size, dimensional, placement, and illumination standards for the ground sign, the more stringent shall apply. For example, if a mixed-use development involves multiple retail stores on the ground floor and multifamily residential units on the upper floors, retail stores shall be allowed to have wall signs, window signs, special signs, and portable signs in accordance with Article 5.10. However, only one (1) ground sign is permitted for the entire development and the ground sign must adhere to the standards applicable to multifamily residential use in Section 5.8.C.(1).

2)

Signs for uses not addressed in Articles 5.8 to 5.11. If an application is made for a sign in association with a use that is not specifically addressed in these four (4) articles of this Part, the Zoning Officer or the reviewing Board with jurisdiction shall determine the use in the aforementioned Articles that is most similar to the use being proposed. The standards set forth in this Part for such similar use shall apply to the use being proposed, with additional modifications or conditions if determined necessary by the Zoning Officer or the reviewing Board with jurisdiction.

D.

Sign Placement.

1)

No utility pole, tree, post, fence, or traffic sign shall be used for the posting of any sign except those that may be required by the Township of Berkeley Heights of the emergency regulation of traffic.

2)

No sign shall be erected, constructed, relocated, or maintained so as to prevent or obstruct free ingress and egress from any door, window, opening for fire fighting purposes, or opening required for legal ventilation.

3)

No sign shall be attached to any stand pipe.

4)

No sign, other than approved traffic control signs, shall be erected at the intersection of any street or upon any street in such a manner as to obstruct free and clear vision and sight lines or at any location where, by the position, shape, or color, it may interfere with, obstruct the view of, or cause confusion with, any authorized traffic sign, signal, or device.

5)

No parking lot or property entrance or exit sign shall be placed so that its plane is parallel to the center line of the street to which the entrance or exit is joined.

6)

No sign shall project beyond any property line into a public right-of-way.

7)

No sign shall be placed on an accessory building or structure.

8)

Signs shall not be erected or suspended across a street or alley, unless otherwise authorized by the Township.

9)

Signs shall not be attached to another sign.

10)

Signs attached to buildings shall not obscure, conflict with, or cover any architectural element and must be aligned with major building elements such as windows, trim, and structure lines.

11)

Wall signs shall be mounted flat on the wall surface and shall not be placed on the second or higher floor of any building or structure.

12)

Placement of ground signs:

a.

Ground signs shall be placed so that the sign face is perpendicular to the nearest adjacent right-of-way. In the case of a corner property, the sign face shall be perpendicular to the right-of-way providing the main means of access to the property.

b.

No ground sign shall be placed closer than five (5) feet from any building, structure, or parking area.

c.

Ground signs shall be placed and maintained in a landscaped bed that features a mix of flowering and green plantings and that is mulched and free of weeds. Ground signs and their landscaped beds should be integrated with the general landscaping design of the site where such sign is located.

E.

Sign Area.

1)

The area of a sign shall be computed as the total square foot measurement of the background upon which the lettering, illustration, or display is presented. If there is no background, the sign area shall be the smallest rectangular area required to encompass all lines of lettering, illustration, or display.

2)

Area of a sign shall only include the sign face and not the supporting members of any sign when used solely for such purpose.

3)

The sign area is to be computed based upon what is visible from any single reasonable viewing angle and position.

4)

In the case of a double-sided sign:

a.

Only one (1) side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than forty-five (45) degrees, and the two (2) faces are not more than eighteen (18) inches apart.

b.

Where the faces are not equal in size, but the interior angle formed by the faces is less than forty-five (45) degrees and the two (2) faces are not more than eighteen (18) inches apart, the larger sign face shall be used as the basis for calculating sign area.

c.

When the interior angle formed by the faces is greater than forty-five (45) degrees, or the faces are greater than eighteen (18) inches apart, all sides of such sign shall be considered in calculating the sign area.

5)

The area of a flag or banner is computed on the area of the flag/banner itself, disregarding any lettering, illustration, or display.

6)

Notwithstanding the standards for sign area enumerated above, the aggregate area of a face of a ground sign, including the sign face and all supporting structures, must not exceed one hundred fifty (150) percent of the area of the sign face (for example, if a sign face is ten (10) square feet, the aggregate area of the sign face and supporting structures shall not exceed fifteen (15) square feet).

7)

First floor façade area for determining the permitted size of a wall sign:

a.

The first floor façade area shall be measured as the area of the exterior wall surface located between the grade and the roof or the ceiling of the first floor.

b.

For buildings with multiple tenants/establishments, the first floor façade area must be calculated separately for each tenant/establishment. Each tenant/establishment shall be entitled to install wall signs only on the first floor façade area of the space it occupies within the building.

c.

Calculations of the first floor façade area shall include the area of all windows, doors, and other openings, but shall not include any roof area, parapets, cornices, or similar wall projections.

8)

When determining the permitted size of a window sign, the window area shall be construed as the aggregate area of the glass surface, not inclusive of frames, casing, railing, or other support structures. Glass panels separated by muntins, mullions, or other similar framing structures shall be considered one (1) continuous window.

F.

Sign Height. Sign height shall be computed as the distance from the highest point of the sign to the mean finished grade at the base of the sign.

G.

Sign Illumination.

1)

Ground signs, flags, and banners shall only be permitted to be externally illuminated via ground lighting.

2)

Wall signs are only permitted to be frontlit by gooseneck lighting or backlit by halo lighting.

3)

No other sign type is allowed to have illumination, unless explicitly permitted otherwise elsewhere in this Part.

4)

Only soft white light is allowed, except for seasonal lights and decorations and LED-lit "open" signs explicitly permitted in Section 5.6 of this Part.

5)

Light sources, including the light bulb, electrical boxes, raceway, and background track, shall not be visible from any street right-of-way, nor cause glare to pedestrians, vehicle operators, or adjacent properties.

6)

Lights shall not flash, blink, move, or have any other feature that may be disruptive to passing pedestrians or traffic.

7)

Floodlights used for illumination of premises or of any sign thereon shall not project light beyond the property boundaries.

8)

All sign illumination shall be turned off during hours when the use is not in operation.

H.

Examples of Recommended Signs.

1)

Monument Signs

2)

Wall Signs

3)

Window Signs

4)

Sandwich/A-frame Signs

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

This Article shall govern and regulate all signage associated with residential dwellings and communities, municipal buildings and facilities, parks, and open space within the Township.

B.

Single-family residential use.

1)

Ground signs, excluding changeable copy signs, are only allowed for home occupations, provided that such use is a legally established pre-existing nonconforming use. Such signs are subject to the following regulations:

a.

Maximum number: One (1) sign.

b.

Maximum area: Eight (8) square feet.

c.

Maximum height: Four (4) feet.

d.

Minimum setback from property lines: Five (5) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

C.

Townhouses, multi-family residential, municipal, and open space uses.

1)

Ground signs, excluding changeable copy signs, subject to the following regulations:

a.

Maximum number: One (1) sign.

b.

Maximum area: Eight (8) square feet.

c.

Maximum height: Six (6) feet.

d.

Minimum setback from property lines: Five (5) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

D.

Temporary signs in association with the uses addressed in this Article shall only be permitted per the requirements of Article 5.6.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

This Article shall govern and regulate all signage for schools, places of worship, fraternal, charitable, and civic organizations, sports fields and complexes, entertainment venues, and other permitted institutional and entertainment uses within the Township. The below subsections set forth signage permitted for such uses in addition to those exempt from permit requirements as specified in Article 5.6.

B.

Permanent signs.

1)

Ground signs, including manual changeable copy signs, subject to the following regulations:

a.

Maximum number: One (1) sign.

b.

Maximum area: Twenty (20) square feet.

c.

Maximum height: Eight (8) feet.

d.

Minimum setback from property lines: five (5) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

2)

Wall signs, subject to the following regulations:

a.

Maximum number: One (1) sign per street frontage.

b.

Maximum area: Each sign shall not exceed twenty-four (24) square feet or ten (10) percent of the total area of the tenant/establishment's first floor facade on which the sign is attached, whichever is less.

c.

Maximum projection: Six (6) inches from the surface of the wall.

d.

Maximum height: Fifteen (15) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

C.

Temporary signs. No temporary signs shall be allowed in association with any of the uses addressed in this Article, except those otherwise permitted in Article 5.6.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

This Article shall govern and regulate all signage for retail stores, restaurants and food and beverage service establishments, banks and financial institutions, personal services such as barber shops and beauty salons, and other similar uses associated with retail and business services permitted within the Township. The below subsections set forth signage permitted for such uses in addition to those exempt from permit requirements as specified in Article 5.6.

B.

Buildings and sites with a single tenant/establishment.

1)

Ground signs, excluding changeable copy signs, subject to the following regulations:

a.

Maximum number: One (1) sign.

b.

Maximum area: Twenty (20) square feet.

c.

Maximum height: Six (6) feet.

d.

Minimum setback from property lines: five (5) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

2)

Wall signs, subject to the following regulations:

a.

Maximum number: One (1) sign per street frontage.

b.

Maximum area: each sign shall not exceed twenty-four (24) square feet or ten (10) percent of the total area of the tenant/establishment's first floor facade on which the sign is attached, whichever is less.

c.

Maximum projection: six (6) inches from the surface of the wall.

d.

Maximum height: fifteen (15) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

3)

Window signs, subject to the following regulations:

a.

Maximum number: One (1) sign per street frontage.

b.

Maximum area: Twenty-five (25) percent of the area of the window on which the sign is located.

c.

Illumination: not permitted.

d.

Window signs shall be consistent in color and design as other signs for the same establishment.

C.

Buildings and sites with multiple tenants/establishments.

1)

Ground signs, excluding changeable copy signs, subject to the following regulations:

a.

Maximum number: One (1) sign.

b.

Maximum area: Forty (40) square feet.

c.

Maximum height: Eight (8) feet.

d.

Minimum setback from property lines: Ten (10) feet.

e.

Maximum letter size: Twelve (12) inches.

f.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

2)

Wall signs, subject to the following regulations:

a.

Maximum number: One (1) sign per tenant/establishment.

b.

Maximum area: each sign shall not exceed twenty-four (24) square feet or ten (10) percent of the total area of the tenant/establishment's first floor facade on which the sign is attached, whichever is less.

c.

Maximum projection: Six (6) inches from the surface of the wall.

d.

Maximum height: Fifteen (15) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

f.

All wall signs on a building with multiple establishments/tenants should be consistent in size, height, dimensions, materials, and illumination.

3)

Window signs, subject to the following regulations:

a.

Maximum number: One (1) sign per tenant/establishment.

b.

Maximum area: Twenty-five (25) percent of the area of the window on which the sign is located.

c.

Illumination: not permitted.

d.

A window sign shall only pertain to the establishment occupying the portion of the premises where the window is located.

e.

Window signs shall be consistent in color and design as other signs for the same establishment.

D.

Temporary signs. In addition to the exempt signs described in Article 5.6, the following types of temporary signs shall be allowed for retail, restaurant, and business service uses per the following requirements:

1)

Special signs as defined in this Part.

a.

One (1) sign, either a ground sign (excluding changeable copy signs) or a banner, shall be permitted per tenant/establishment.

i.

Ground signs shall not be larger than eight (8) square feet in size or taller than four (4) feet in height.

ii.

Banners shall not be larger than twenty (20) square feet or mounted at a height taller than fifteen (15) feet.

iii.

All such signs shall be set back at least five (5) feet from property lines.

iv.

Illumination is not permitted.

b.

Such signs must be removed immediately after the date of the event or activity, or when the service or product is no longer offered, or when the owner of the sign is otherwise no longer actively engaged in the subject of the sign.

c.

Application for special signs must be submitted to and approved by the Township Clerk before a special sign permit can be issued.

2)

Portable signs, including sandwich board and A-frame signs.

a.

One (1) portable sign is allowed per tenant/establishment.

b.

Portable signs shall not exceed six (6) square feet in area and three and one half (3½) feet in height.

c.

The sign face of portable signs shall be in black (such as a chalk board), and the supporting structure shall be constructed of dark-colored wood, metal, or other durable composite material. Plastic signs are not permitted.

d.

Illumination is not permitted.

e.

Hours of display.

i.

Such portable signs shall only be displayed during the hours of operation of the establishment. However, no such sign shall be displayed before 6:00 AM or after 10:00 PM.

ii.

All portable signs must be taken indoors during inclement weather and during hours when the establishment is not in operation.

f.

Placement.

i.

Such sign must be located on the premises of the private property that the sign pertains to, and within twelve (12) feet of the primary public entrance of the establishment.

ii.

A minimum of three (3) feet of unobstructed sidewalk clearance must be maintained between any portable sign and any building or structure.

g.

Portable signs must be weighted, temporarily secured, or strategically placed so as to avoid being carried away by high winds.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

This Article shall govern and regulate all signage associated with professional and medical offices, laboratories, light manufacturing, warehouses, and other permitted office, research, and industrial uses within the Township. The below subsections set forth signage permitted for such uses in addition to those exempt from permit requirements as specified in Article 5.6.

B.

Buildings and sites with a single tenant/establishment.

1)

Ground signs, excluding changeable copy signs, subject to the following regulations:

a.

Maximum number: One (1) sign.

b.

Maximum area: Twenty (20) square feet.

c.

Maximum height: Eight (8) feet.

d.

Minimum setback from property lines: Five (5) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

2)

Wall signs, subject to the following regulations:

a.

One (1) sign per street frontage.

b.

Maximum area: each sign shall not exceed twenty-four (24) square feet or ten (10) percent of the total area of the tenant/establishment's first floor facade on which the sign is attached, whichever is less.

c.

Maximum projection: Six (6) inches from the surface of the building.

d.

Maximum height: Fifteen (15) feet.

e.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

3)

Window signs, subject to the following regulations:

a.

Maximum number: One (1) sign per street frontage.

b.

Maximum area: Twenty-five (25) of the area of the window on which the sign is located.

c.

Illumination: not permitted.

d.

Window signs shall be consistent in color and design as other signs for the same establishment.

C.

Buildings and sites with multiple tenants/establishments.

1)

Ground signs, excluding changeable copy signs, subject to the following regulations:

a.

Maximum number: One (1) sign.

b.

Maximum area: Forty (40) square feet.

c.

Maximum height: Eight (8) feet.

d.

Minimum setback from property lines: Ten (10) feet.

e.

Maximum letter size: Twelve (12) inches.

f.

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

2)

Wall signs, subject to the following regulations:

a.

Maximum number: One (1) sign per establishment/tenant.

b.

Maximum area: each sign shall not exceed twenty-four (24) square feet or ten (10) percent of the total area of the tenant/establishment's first floor facade on which the sign is attached, whichever is less.

c.

Maximum projection: Six (6) inches from the surface of the building.

d.

Maximum height: Fifteen (15) feet.

3)

Illumination: Illumination is permitted, provided that it conforms to Section 5.7.G of this part.

4)

Window signs, subject to the following regulations:

a.

Maximum number: One (1) sign per tenant/establishment.

b.

Maximum area: Twenty-five (25) percent of the area of the window on which the sign is located.

c.

Illumination: not permitted.

d.

A window sign shall only pertain to the establishment occupying the portion of the premises where the window is located.

e.

Window signs shall be consistent in color and design as other signs for the same establishment.

D.

Temporary Signs. No temporary signs are allowed for institutional, office, research, or industrial uses, except those otherwise permitted in Article 5.6.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

No person shall construct, erect, use or maintain any of the following signs within any zone district of the Township:

1)

Abandoned signs.

2)

Signs that promote illegal activity.

3)

Snipe signs.

4)

Signs that contain reflective parts, flashing lights, or other design features that may be confused with or interfere with any authorized traffic signal; or make use of words, phrases, symbols, or characters in such a manner as to interfere with, or mislead or confuse traffic; or of such a form, character, or shape as to confuse or dangerously distract the attention of the operation of a motor vehicle.

5)

Signs painted on or placed on vehicles or trailers which are parked or located for the primary purpose of displaying that sign.

6)

Signs that are in whole or in part moving, flashing, mobile, revolving, animated, electrically, or mechanically activated, or give the illusion of movement or changing copy, except barber poles.

7)

Beacon signs and other illuminated signs wherein the focused rays of the light can shine directly into the eyes of motor vehicle drivers or passersby.

8)

Signs which are unsafe and pose danger to human life and public safety.

9)

Signs which emit smoke, visible vapors, particulate matter, sound, odor, or contain open flames.

10)

Signs which interfere with radio, television, or any electrical appliance transmission or reception.

11)

Interactive signs.

12)

Billboards and other off-premises commercial signs which direct attention to a business, product, service, or activity that is sold, offered, or conducted elsewhere than on the premises upon which the signs are located.

13)

Temporary advertising signs affixed to a window or a door.

14)

Electronic message centers, LED and digital displays, Tri-Vision Boards, and other types of signs on which the copy or illustrations are illuminated internally and change automatically through electrical means.

15)

Projecting signs, roof signs, and signs which extend above the highest elevation of the wall or above the lowest part of the roofline of the building.

16)

Awning and canopy signs.

17)

Inflatable signs, fluttering bunting, and tethered balloons, except decorative small balloons.

18)

Sequential signs.

19)

Windsocks, kites, strings, streamers, pennants, and spinners, except as temporary holiday decorations or temporary displays in non-residential districts for special events as may be approved by the Township Council.

20)

Any sign not specifically permitted in this Part.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Signs legally in existence at the time of the adoption of this Part, which do not conform to the requirements of this Part, shall be considered pre-existing nonconforming signs.

B.

Nonconforming Permanent Signs.

1)

Any permanent sign erected prior to the effective date of this Part which does not comply with all of the provisions of this Part but which was lawfully erected under the regulations or laws in effect at the time of installation or erection, shall be permitted to remain, provided that they are properly maintained as specified under Article 5.15, and further provided that the use of the property remains unchanged from the effective date of this Part.

2)

The failure to keep a nonconforming sign in good repair as required by Article 5.15 for a period of one (1) year shall constitute abandonment of the sign and the sign shall be removed within thirty (30) days following the completion of that year.

3)

Nonconforming permanent signs shall not be removed, relocated, significantly altered, enlarged, rebuilt, or replaced with another nonconforming sign. In the case of significant alterations to the sign, including changes in shape, size, materials, illumination, or structure, the sign shall be brought into conformance with the provisions of this Part.

4)

Changes to the sign copy, repainting, replacement of a sign face that does not increase the extent of the sign's nonconformity, and maintenance or repair up to fifty (50) percent of the replacement cost of the nonconforming sign shall be permitted and shall not trigger loss of lawful nonconforming status. However, should any nonconforming sign be damaged by any means to an extent of more than fifty (50) percent of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this Part.

5)

Any nonconforming permanent sign shall be removed upon the cessation of the use in connection with which it was erected or installed. Additionally, if such sign is altered or replaced for the purpose of changing the business, occupation, or tenant advertised or identified, it shall be considered a new sign and shall be brought into compliance with this Part.

6)

In the event an application for development is submitted to either the Planning Board or Zoning Board of Adjustment for any property upon which a nonconforming permanent sign is located, the Planning Board or Zoning Board of Adjustment shall be empowered to require that any such sign be removed or brought into conformity with this Part as a condition of any action by the Board.

7)

Once a nonconforming sign is brought into conformity with this Part or replaced with a conforming sign, its lawful nonconforming status and associated rights are forfeited and a nonconforming sign may not be re-established.

C.

Nonconforming temporary signs must be removed or brought into conformance with the provisions of this Part within thirty (30) days of the effective date of this Part.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Non-commercial signs are allowed in all zone districts and may be substituted for any sign expressly allowed under this Part, provided that the sign is not prohibited and continues to comply with all applicable requirements of this Part. The substitution of commercial copy with non-commercial copy, or from one (1) non-commercial copy to another non-commercial copy may be made without any additional approval or permitting. This Article and its clause prevails over any more specific provision in this Part to the contrary.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

All signs shall be constructed in accordance with applicable building and electrical code requirements. Materials shall be durable and non-toxic and signs must be mounted, attached, or installed in a method that will not cause harm to public health or safety. No electric wiring, electrical boxes, or raceway, shall be exposed or visible to public view.

B.

All signs, including signs exempted from obtaining a permit, nonconforming signs, and abandoned signs, must be maintained in a condition which is safe and appears as originally permitted. All exterior surfaces shall be kept painted or otherwise provided with a protective treatment for purposes of preservation and appearance. Awnings, braces, posts, anchors, and other supports as well as illumination and other electrical components must be maintained in a structurally stable and proper operating condition. All signs shall be maintained free of cracks, holes, rust, and peeling paint.

C.

If the Zoning Officer determines that any sign is in a state of disrepair so as to no longer be reasonably capable of presenting its message or a danger to the public health or public safety, the Zoning Officer shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot. Either owner shall thereafter have ten (10) days to correct the unsatisfactory condition of the sign.

D.

If the unsatisfactory condition is not so corrected within the ten (10) day period, the Zoning Officer may remove or cause to be removed the sign with costs assessed to the owner of the sign and the owner of the property on which such sign is located.

E.

In the event of immediate danger due to an unsafe sign, the Zoning Officer may remove the sign immediately upon the issuance of notice to the owner of the sign and the owner of the property on which such sign is located.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Unlawful Signs.

1)

Any sign erected or maintained in violation of this Part shall be removed by the owner of the sign or the owner of the property where the sign is located upon written notice from the Zoning Officer.

2)

If compliance is not achieved within twenty-four (24) hours of the date of notice, the Zoning Officer may remove or cause to be removed the sign with costs assessed to the owner of the sign and the owner of the property on which such sign is located.

3)

The Zoning Officer shall have the authority to remove any sign in violation of this Part that is placed in a public right-of-way or on a public property. The Zoning Officer shall also have the authority to remove any sign placed on a private property by a person or entity other than the property owner when the property owner has not granted permission to place such sign.

B.

Abandoned Signs.

1)

Any sign that is abandoned as defined in this Part shall be removed by the owner of the sign or the owner of the property on which such sign is located within ten (10) days of the sign becoming abandoned.

2)

If the abandoned sign remains on premise for longer than ten (10) days, the Zoning Officer may remove or cause to be removed the sign with costs assessed to the owner of the sign and the owner of the property on which such sign is located.

C.

Unsafe and Deteriorated Signs.

1)

See Article 5.15.

D.

Pre-existing Nonconforming signs.

1)

See Article 5.13.

E.

For the purpose of this section, the word "remove" shall mean that the sign face along with all supporting structures must be taken down and removed from the property.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The provisions of this Part shall be administered and enforced by the Zoning Officer.

B.

Upon the discovery of a violation of this Part, the Township of Berkeley Heights shall give written notice to the owner of the sign and to the owner of the property of such violation and to request that the owner(s) remove the sign, bring the sign into conformity with this Part, or apply for a sign permit to allow the sign as existing within thirty (30) days of the date of such notice. In the event that any such sign continues to be in existence after notice, the Zoning Officer may file a Municipal Court complaint against the owner of the sign and the owner of the property on which the sign is located, and take other action as may be permitted by law.

C.

In addition to any other penalties provided elsewhere in this ordinance or the other relevant ordinances of the Township, any person, firm, or corporation that shall violate any provision of this Part shall, upon conviction thereof by any court of appropriate jurisdiction, be subject to a fine not exceeding $500.00 or imprisonment for a term not exceeding thirty (30) days or both as the Court may determine. If any violation exceeds thirty (30) days, the Zoning Officer shall be authorized to apply to the appropriate court for an order to remove the offending sign.

D.

Each day that a violation continues to exist shall be deemed to constitute a separate offense.

E.

All costs and expenses incurred by the Township of Berkeley Heights in causing the removal of any sign as specified in this Article shall be charged to the owner of the property upon which such sign is located, or, if upon public property, against the person erecting the offending sign.

(Ord. No. 16-2021, § III, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)