Berlin Township City Zoning Code
ARTICLE XIII
Signs
§ 340-80 Purpose.
The purpose of this article shall be the creation of a system of regulations for the review, erection and maintenance of signs within the Township of Berlin.
§ 340-81 Definitions.
For the purpose of this article, the following definitions shall apply:
A sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
[Added 11-26-2007 by Ord. No. 2007-25]
A temporary sign composed of lightweight material, either enclosed or not enclosed in a rigid form, secured or mounted so as to allow movement of the sign caused by movement in the atmosphere. This definition shall also include pennants and flags.
[Amended 3-11-1996 by Ord. No. 1996-6]
That portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
A sign which, by manual, mechanical or lighting effects, can have its copy or message changed from any reworking of the sign.
A sign that lists the tenants in a multi-use building and indicates the locations of the buildings and uses in a business or industrial complex.
[Added 11-26-2007 by Ord. No. 2007-25]
A temporary sign that relates to a particular election for public office, referendum or other plebiscite at the federal, state or local level.
[Added 11-26-2007 by Ord. No. 2007-25]
A pole, ground or pylon sign not attached to a building or structure.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "No Parking," "Loading Zone," "Telephone" or "Rest Room" or other similar directives such as the hours of operation. No sign that contains a commercial message legible from any property line of said lot shall be considered incidental.
[Added 11-26-2007 by Ord. No. 2007-25]
Any sign attached to a fixed shelter or roof extending over a building line, which is supported by the building to which it is attached.
A sign not permanently attached to the ground or a building, including any sign mounted on or attached to a vehicle, which is not capable of self-propulsion and registered with the New Jersey Division of Motor Vehicles.
A freestanding sign consisting of a base and the sign message area with the base being as wide, or wider, than the sign message area with no gaps between the two elements. The width of the base shall not be wider than 1.25 times the width of the sign message element.
[Added 11-26-2007 by Ord. No. 2007-25]
A sign containing a commercial message which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the property on which the sign is located.
[Added 11-26-2007 by Ord. No. 2007-25]
That portion of a building wall that rises above the roof level.
A sign mounted on, supported by or suspended from a freestanding column, pipe or pole.
Any sign not permanently attached to the ground or other permanent structure; or a sign designated to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to "A" or "T" frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicles are used in the normal day-to-day operation of the business.
[Added 11-26-2007 by Ord. No. 2007-25]
A sign cast, reflected or shown on a wall, screen or other surface, whether for a continuous period or not.
A sign pertaining to the sale or lease of a property or portion thereof on which the sign is located.
[Added 11-26-2007 by Ord. No. 2007-25]
A sign located in a district zoned for residential purposes that does not contain any commercial message.
[Added 11-26-2007 by Ord. No. 2007-25]
A sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
A name, identification, description, illustration or any other visual display which is affixed to, painted on or represented, directly or indirectly, upon any building, structure or land and which directs attention to an organization, business, product, service or individual.
The entire space within a sign's continuous perimeter enclosing the extreme limits of all words, devices or emblems, but not passing through or between any adjacent elements. In computing the area of a sign with two display surfaces, the area of the larger surface shall be considered the sign area. In computing the area of signs with three or more display surfaces, the area shall be computed by adding the total surface area of the sign and dividing by the number of display surfaces utilized by the sign. The "display surface of a sign" shall mean all sides and faces of a sign that can be viewed from one location.
To be in conjunction with § 340-83G.
[Amended 4-9-1984]
A sign or portion thereof whose sole purpose is the indication of the time and/or temperature.
[Added 11-26-2007 by Ord. No. 2007-25]
A sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.
A sign affixed or painted on a vehicle or trailer and parked at a specific location for a period in excess of 96 hours.
[Added 11-26-2007 by Ord. No. 2007-25]
A sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.
A sign that is applied or attached to the interior or exterior of a window or located in such a manner within a building that it is legible from the lot line which contains said sign.
[Added 11-26-2007 by Ord. No. 2007-25]
§ 340-82 General regulations.
The following regulations shall govern signs for all uses within the Township:
A.
All signs shall be subject to the provisions of the Building, Construction, Maintenance and Fire Codes of the Township.
B.
The text of all signs shall be limited to identification and functional purposes only. Identification signs shall contain the principal name of the establishment, firm or proprietor, its address and a brief description of the goods or services offered. The text of a sign may also include a logogram or symbol of the use which it identifies.
C.
The provisions of this article shall not apply to works of art, statutes, sculptures, fountains, holiday decorations and similar objects which do not fall within the definition of a "sign" contained in § 340-81 of this article.
D.
Maintenance. The area surrounding a sign shall be kept clean, free of litter and landscaped. Whenever a sign shall become structurally unsound or a hazard to the public or a building, the Building Inspector shall order that the sign be made safe or removed. The person owning or using the sign, or the owner of the building or property upon which such unsafe sign is affixed or erected, shall comply with such order within 10 days of receipt of the notice thereof, which notice shall be sent by the Township via certified mail. If the owner of the sign fails to make the sign safe or does not remove the sign within the above-mentioned ten-day period, the Township may remove the sign. The Township shall have the right to recover, from said owner, the final costs of the removal and disposal of the sign.
[Amended 11-26-2007 by Ord. No. 2007-25]
E.
No sign except functional signs shall be located within one foot of the existing or proposed right-of-way of any public road or street.
[Amended 4-9-1984]
F.
All freestanding signs which are not monument signs shall only be permitted within the front yard, erected at least six feet above the ground to provide for adequate sight distance for motorists, and shall not exceed a height of 25 feet.
[Amended 11-26-2007 by Ord. No. 2007-25]
G.
No wall sign shall extend beyond three feet of the building facade on which it is mounted.
H.
All signs shall conform to the provisions of Title 27 of the New Jersey Statutes.
I.
No sign shall be erected or placed in a position which will cause danger to traffic on a street or within a parking lot by limiting the vision of drivers or obstructing the flow of traffic.
J.
Signs advertising or identifying a business or use no longer in existence or a product no longer available shall be promptly removed.
K.
No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter as it applies to the property on which the sign is located.[1]
[1]
Editor's Note: Original Section 1303, Subsection 12, which dealt with hours when signs were permitted to be illuminated, was repealed 4-9-1984.
L.
No sign shall consist of the same character, form, shape or color which imitates or resembles any official traffic sign, signal or device or has any characteristics which are likely to cause or dangerously distract the attention of the motorist.
[Added 11-26-2007 by Ord. No. 2007-25]
M.
Time and temperature signs shall be permitted within the Commercial Zoning District along N.J.S.H. Route 73 and Walker Avenue (Route 73 to Lucas Avenue). The time and temperature sign shall not exceed 20% of the allowable sign area.
[Added 11-26-2007 by Ord. No. 2007-25]
N.
The total area of all window signs, unless further restricted by the district regulations, shall not exceed 20% of the glass area of the total window area (excluding grilles) in which the sign is placed. The window sign and respective area is considered to be a part of the facade signage.
[Added 11-26-2007 by Ord. No. 2007-25]
O.
Freestanding signs which are not monument signs shall only be permitted outside of the limits of the Central Business District.
[Added 11-26-2007 by Ord. No. 2007-25]
P.
The ratio of the width of the sign to the height of the rectangle enclosing a sign shall not be greater than 10:1.
[Added 11-26-2007 by Ord. No. 2007-25]
Q.
Monument signs shall have a maximum sign message area of 32 square feet and shall not exceed a height of eight feet above the ground. The area of the sign base is not included in the calculation for the sign area, unless it is designed as to form an integral part of the sign. The sign face shall be either sandblasted or carved relief and securely fastened to the base. The sign face shall be externally illuminated with light fixtures which are ground-mounted or mounted within the top of the base but not visible from the sides
[Added 11-26-2007 by Ord. No. 2007-25]
§ 340-83 Permitted signs.
The following signs shall be permitted within the Township of Berlin in accordance with the provisions of this article:
A.
Signs erected by governmental agencies; court or public notices; traffic control devices approved or installed by the appropriate governmental agencies; and flags, emblems and insignias of governmental and religious institutions.
B.
One nonilluminated or white-lighted sign, not exceeding nine inches by 18 inches and either freestanding or affixed to a building, which:
C.
One nonilluminated or white-lighted nonflashing sign for schools, churches, hospitals, clubs, lodges or other similar uses, provided that the size of any one side of the sign shall not exceed 12 feet. When a building or lot fronts on more than one street, an additional sign may be erected which meets the requirements of this subsection.
[Amended 4-9-1984]
D.
One nonilluminated real estate sign advertising the sale or rental of a building or lot in a residential zone, provided that such sign does not exceed 12 square feet. When a building or lot fronts on more than one street, an additional sign may be erected which meets the requirements of this subsection.
[Amended 4-9-1984]
E.
One nonilluminated real estate sign advertising the sale or rental of a building or lot in a C-1, C-2, C2-I and I-1 Zone, provided that such sign does not exceed 32 square feet. When a building or lot fronts on more than one street, an additional sign may be erected which meets the requirements of this subsection.
[Amended 4-9-1984]
F.
One nonilluminated real estate sign bearing the word "sold" or "rented" with the name of the person or firm affecting the sale or rental, provided that such sign does not exceed 12 square feet.
G.
One nonilluminated sign bearing the name and profession or trade for each person or firm performing construction or repair work on the premises, provided that said sign is of a temporary nature and is promptly removed upon completion of the work.
[Amended 4-9-1984]
H.
For business, office, commercial/industrial and institutional uses, functional signs as defined in § 340-81, provided that no functional sign shall exceed 12 square feet in sign area and that no functional sign shall contain advertising.
I.
For business, office, commercial and industrial uses, one-wall sign on each side of a building which faces an approved public street, provided that the sign area does not exceed 10% of the building facade area or 64 square feet (outside of the Central Business District) or 20 square feet (within the Central Business District), whichever is less, as defined in § 340-81, on which it is mounted. Said sign must advertise its own business.
[Amended 4-9-1984; 7-26-1993 by Ord. No. 1993-18; 11-26-2007 by Ord. No. 2007-25]
J.
For business, office, commercial and industrial uses, one-freestanding sign, relating to the business being conducted on the premises and which does not exceed 64 square feet on any one side outside of the Central Business District and 32 square feet for those lots within the Central Business District. The sign shall not be closer than 10 feet to any property line for those lots along N.J.S.H. Route 73. The signs within the Central Business District shall be set 15 feet from the street curbline or five feet from the existing (or proposed) right-of-way line along Haddon and Walker Avenues within the Central Business District. The sign base shall have an exterior finish of brick in a running bond pattern. The color of the brick shall closely resemble the color of the sidewalk brick pavers, where pavers exist along the street. The top row of brick shall be layered in a soldier pattern. The base shall be supported by the appropriate foundation and footing, in accordance with the Uniform Construction Code.[1] Monument signs shall be placed along the fronting street, outside of the site triangle for all intersecting drives and streets. The monument sign shall be placed at least 15 feet from the curbline or five feet from the existing or proposed right-of-way line, whichever is more, and outside of the clear site triangles.
[Amended 4-9-1984; 11-26-2007 by Ord. No. 2007-25]
K.
For shopping centers or strip stores, one under-canopy sign for each business use, provided that the dimensions of the sign shall not exceed one foot in width or four feet in length.
M.
Temporary signs, including election signs, announcing or advertising any political, educational, charitable, civic, professional, religious or like campaign or event for a consecutive period not to exceed 60 days of any calendar year, provided that they are removed within 10 days after the event or election and do not exceed 50 square feet in size.
[Amended 4-9-1984; 10-27-2014 by Ord. No. 2014-8]
N.
Signs identifying a residential area or apartment complex, provided that not more than one sign shall be located at each principal entrance to the project, not more than three signs shall be permitted for any one project, the signs contain only the name of the development, and a logogram or symbol and its size shall not exceed 50 square feet in size area.
O.
Banner signs as defined in § 340-81. No more than 10% of the building facade area facing a public street or roadway may be used to mount or attach any banner signs, provided that the sign advertisement is related to the business use of the premises. Only the building facade area may be utilized for such a banner sign. A banner sign shall be in addition to any other approved/permitted signage on the premises. There shall be a sixty-day limit on banner signs unless a longer time period is permitted by the Township Planning Board. A permit is required for all banner signs, which shall be at no cost to the applicant.
[Added 4-9-1984; amended 1-24-1994 by Ord. No. 1993-36; 3-11-1996 by Ord. No. 1996-6]
P.
Mobile signs, as defined in § 340-81. Only nonelectric mobile signs will be allowed.
[Added 4-9-1984]
Q.
Neon and/or window mounted signs, provided that the total sign area does not exceed 20% of the total window area or 20% of the allowable signage, whichever is less. Neon signs shall be measured from the edges of the outermost portion or extension of the sign. Except as set forth in Subsection R below, neon and/or window-mounted signs are to be included as a portion of the total allowable signage for the building.
[Added 7-28-1997 by Ord. No. 1997-12; amended 3-8-1999 by Ord. No. 1999-3]
R.
In addition to the neon and/or window mounted signs, window neon shall be permitted as an architectural detail provided the neon is installed flush with the outer perimeter of the window and consists only of straight line, single band tubing with a maximum width of one inch. The neon shall be of a single color. Flashing neon is prohibited. The window neon as provided for in this section shall be exempt from inclusion in the calculation of allowable signage under all other signage provisions.
[Added 3-8-1999 by Ord. No. 1999-3]
§ 340-84 Prohibited signs.
[Amended 4-9-1984]
Although it should be understood that any sign not complying with the provisions of this article is prohibited, the following types of signs are specifically prohibited:
A.
Flashing, moving, or apparent moving signs, except the changeable copy signs permitted by § 340-83 and time and temperature signs.
B.
Signs with any lighting or control mechanism which may cause radio or television interference.
C.
Any series of two or more signs or sign units placed in a line along a roadway or in similar fashion, all carrying a single message, part of which is contained on each sign.
D.
Any sign which in any way simulates official, directional or warning signs erected or maintained by the federal or any state, county or local government or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.
E.
Any sign located on a lot other than the lot occupied by the use, event or product which the sign advertises. All signs within the Township shall be limited to on-premises signs only, except for signs advertising agricultural commercial establishments in the Pinelands Area in accordance with § 340-21I(2)(c).
[Amended 11-28-1988 by Ord. No. 88:28]
F.
Any sign attached to or painted on trees, fences, utility poles, rocks, curbs, lamps, hydrants, benches or bridges.
G.
Electric mobile signs.
§ 340-85 Nonconforming signs.
[Amended 11-28-1988 by Ord. No. 88:28]
Except in the Pinelands Area, all signs which do not conform to the provisions of this article shall be subject to the provisions of Article XXI, Nonconforming Uses. Within the Pinelands Area, nonconforming signs shall be subject to the provisions of § 340-21I(2).