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Bernardsville City Zoning Code

§ LD-12-23.15

Signs.

[Ord. No. 581 § 12-17.14; Ord. No. 825 § 1; Ord. No. 890 §§ 1b. 1f.; Ord. No. 97-1103 § 2; Ord. No. 2000-1198 § 1; Ord. No. 2002-1291 § 1; Ord. #1484-2008 § 2; Ord. #2016-1713 § 2; Ord. No. 2018-1782; amended 10-26-2020 by Ord. No. 2020-1859]
Purpose. The purpose of the Sign Ordinance is to allow for effective signage appropriate to the character of each zoning district, to promote an attractive environment by minimizing visual clutter and confusion, to minimize adverse impacts on nearby property and to protect the public health, safety and general welfare.
a. 
General Sign Provisions. It is the intent this chapter to provide design criteria and control of signs located throughout the Borough of Bernardsville to assure a high level of attractiveness and compatibility with the site and character of the community. The following provisions apply generally to all signage.
1. 
Signs shall not be erected or maintained except in conformity with the provisions of this chapter.
2. 
Sign Erection Permit Required. No sign shall be constructed or displayed unless a sign erection permit shall have been obtained from the Construction Official except those exempt under § 12-23.a.16.
3. 
Review and Approval Procedure: Applications for sign erection permits shall be filed with the Zoning Officer and Construction Official. Applications shall include sketches and description of proposed signs including dimensions, graphics, colors, materials and construction details. Any modifications including colors, wording or graphics of existing signs shall be submitted for review. Permits shall be issued for approved applications upon payment of the established fee. If a variance is required, a denial letter shall be issued which specifies the relief required.
4. 
No sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring the view or by simulating official, directional or warning signs maintained by any Governmental Body, railroad or public utility concerned with the protection of the public health or safety. This shall include, but not be limited to, any sign visible from the public right-of-way which uses an arrow device or simulates a stop sign or stop light.
5. 
Signs advertising a use or a product shall be removed within 30 days of the dates such use ceases to be in existence or such product is no longer available.
6. 
No permanent sign shall be attached to trees, fence posts, stumps, utility poles, light poles, within the public right of way, bridges, rocks or like features not considered to be advertising structures.
7. 
All illuminated signs shall be either indirectly lighted or of the diffused lighting type, unless illuminated by an interior source. No sign shall be lighted by using unshielded incandescent bulbs, lasers, neon or gas discharge tubes, mirrors reflecting a direct light source or similar devices. Buildings or structures may not be outlined by tubing or strings of lights except for seasonal lighting which may remain on a building but shall not be illuminated post season.
8. 
No business sign shall be permitted which is not accessory to the business or use conducted on the property. Off premise signs including but not limited to advertising billboard signs are expressly prohibited.
9. 
Rotating signs, live action signs, and flashing, computer generated signage, variable message or scrolling signage, signs utilizing television monitors, and intermittent illuminated signs are prohibited.
10. 
Banners, spinners, pennants, exposed LEDs or any moving object used for advertising purposes whether containing a message or not are prohibited, unless specifically authorized by the Governing Body for a special public event except a digital theatre marquee sign or traditional nonilluminated barbershop pole sign in the Downtown District shall be permitted.
11. 
No sign shall be erected within or over the right-of-way of any street unless specifically authorized by this chapter, other ordinances of the Borough, or by the relevant governing body or agency.
12. 
All signs, other than permitted temporary signs, shall be constructed of durable materials and shall be adequately maintained. All cracked, warped or broken members of a sign shall be replaced or repaired. All broken or cracked glass shall be replaced. All permitted illuminated signs shall be maintained so that all light sources are fully functioning. Any sign which fails to meet the maintenance provisions of this chapter shall be repaired or removed within 60 days upon written notification by the Construction Official.
13. 
Portable signs are prohibited except where permitted by other provisions of this chapter.
14. 
Signs not exceeding two square feet in area, unless a larger sign is required by applicable law, may be used for a driveway entrance, exit or for warning and directional purposes provided the signs are limited to said uses, and provided further the signs do not bear thereon any type of commercial advertising.
15. 
Any sign that is or shall become dangerous or unsafe in any manner whatsoever, or any sign erected hereafter contrary to the provisions of this chapter shall be repaired, made safe, and otherwise restored to its original condition in conformity with this chapter or shall be taken down and removed by the owner, lessor, agent or occupant of the building, property or land upon which it is placed or to which it is attached.
16. 
The following exemptions shall apply only to the requirement for a sign permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition.
(a) 
Memorial tablets or signs, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
(b) 
Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs as may be erected by governmental or public utility employees in carrying out their official work.
(c) 
Names on mailboxes.
(d) 
Signs forbidding trespassing, hunting, fishing or trapping as authorized by the Fish and Game Laws. (Chapter 23 of the N.J. Revised Statutes).
17. 
There shall be permitted one wall or ground sign not exceeding 12 square feet located on the premises of places of worship, Sunday school buildings, public libraries, muesums, parish houses, buildings used exclusively by Federal, State, County, and local governments for public purposes, public, private and parochial schools, and public recreational and community center buildings. No fee shall be required in connection with the permit for such a-sign. No such sign shall be located closer than 15 feet to a property line or within the lesser of 15 feet or 1/2 the setback of the principal building, but in no event less than five feet, from a street right-of-way line.
18. 
No sign shall contain words or graphics which are offensive to the community's standards.
19. 
Construction materials of signs shall be selected to complement the architecture and building materials of the building on which they are located, or to which they are related, as well as surrounding buildings.
20. 
Any signs other than those for which provision is expressly made under this section are prohibited.
b. 
Temporary Signs. The following temporary signs are permitted in all zones (unless otherwise indicated). In no case shall a temporary sign be illuminated.
1. 
Real estate signs advertising the prospective sale or rental of the premises (as used herein, real estate signs) upon which they are located are permitted only as follows.
(a) 
Real estate signs shall be not more than six square feet in area in residential zones and not more than 12 square feet in area in nonresidential zones.
(b) 
Not more than one real estate sign, which may be double-faced, shall be placed on a property. If a property has frontage on two or more streets, other than two streets joining at a corner of the property, two signs may be placed on the property but only one on any street.
(c) 
All real estate signs shall be removed within seven days of sale or complete rental of the property.
2. 
Signs are permitted on construction sites for the duration of the construction period as follows:
(a) 
Major subdivisions: One on-tract sign not exceeding eight feet in height or 32 square feet in area.
(b) 
New single family residence: One or more signs on a lot none of which exceed six feet in height. The total, aggregate area of signs may not exceed 24 square feet per lot.
(c) 
Other construction including additions, alterations and repairs: One sign not exceeding six feet in height or eight square feet in area.
(d) 
All such signs shall be on the subject property and shall be beyond the street right-of-way.
3. 
Farmers' signs advertising the sale of farm products produced within the Borough. Such signs shall not exceed 24 square feet in area. The signs shall be removed during seasons when products are not being offered for sale. Not more than two such signs shall be erected on any one property.
4. 
Signs announcing any educational, charitable, civic, or religious special event to be held in the Borough provided however, that such signs shall not be permitted for a period exceeding 14 days per special event in any one calendar year, shall not exceed 12 square feet in area and shall be removed within 48 hours of the conclusion of the event. There shall be not more than six off-site signs, Borough-wide, advertising any special event and no group shall be allowed to erect temporary off-site signs pursuant to this subsection for more than four special events per year. Signs under this subsection are subject to the limitations set forth in paragraph 8.
5. 
Signs relating to any political campaign shall be permitted in all zones. Such signs shall not exceed 12 square feet in area, shall not be permitted prior to 60 days of the election to which they relate and shall be removed within seven days of such election. Signs under this subsection shall be subject to the limitations set forth in subsection 8.
6. 
Announcements of the sale of an individual's personal property shall not exceed six square feet in area and shall not be displayed for a period exceeding 31 days in any calendar year.
7. 
Temporary window signs or lettering advertising sales or events in conjunction with permanent signs or lettering shall not cover more than 25% of the total aggregate window area and shall be removed within three days after termination of the sale or event advertised by the sign.
8. 
Notwithstanding the foregoing, temporary signs shall not:
(a) 
Be erected without permission of the property owner(s);
(b) 
Be erected in a Borough right-of-way without the permission of the Borough Zoning Officer;
(c) 
Be erected in a County or State right-of-way without the permission of the appropriate authority;
(d) 
Be erected where it may interfere with the ability of a person to see the street or highway ahead or official signs, signals or traffic control devices;
(e) 
Be erected within the limits of traffic circles, median strips, grate separations or interchanges;
(f) 
Be affixed to, suspended from, or made part of any highway structure or appurtenances;
(g) 
Contain any lights; or
(h) 
Contain subject matter not relating to that permitted for that sign by this subsection.
c. 
Signs in the Residential Zone Districts. In the residential districts, only the following signs shall be permitted:
1. 
One customary professional sign or nameplate sign for a permitted use not more than two square feet in area, which may be either a non-illuminated or an illuminated non-flashing sign, provided the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property unless said source is a porch light or a lamp post light.
2. 
A sign deemed necessary to the public welfare by the Governing Body or any other sign required by law.
3. 
Except for temporary signs, none of the signs permitted in the residential districts shall be erected nearer any street or road than half of the setback required for the principal building to be erected on said plot, provided that a nameplate sign not more than one square foot in area as regulated above may be placed anywhere within the front yard.
4. 
Temporary signs permitted under paragraph b.
d. 
Signs in the Industrial-1 and Industrial-2 Zone Districts. In the Industrial-1 and Industrial-2 zone districts, no sign shall be permitted which is not accessory to the business conducted on the property. Signs in such districts shall comply with design standards stated in § 12-23.15a. Any such sign must be erected only upon an entrance wall or wall fronting on a street, except as provided below, and must comply with the following requirements:
1. 
No wall sign shall extend further than six inches from the face of the building upon which it is attached, provided however, that where a sign extends more than three inches from the face of the wall, the bottom of the sign shall not be closer than 10 feet from the ground level below the sign.
2. 
The maximum height of any single sign shall not exceed 20% of the height of the building or five feet and the maximum width shall not exceed 90% of the width of the building facade to which the sign is attached.
3. 
The total sign area for all signs permitted on the face of any building shall not exceed 5% of the area of the face of the building upon which such sign or signs are attached.
4. 
Signs mounted at right angles to the face of a building shall not extend closer than 10 feet from the ground level below the sign. They shall not extend above the wall on which they are mounted. No sign shall project more than three feet from the building line or exceed 12 square feet in area.
5. 
If more than one sign is permitted on a site or building the signs shall be compatible with each other and with the character of the site and shall not obscure other signs or architectural features.
6. 
Window signs, including interior signs within two feet of window surfaces, shall not exceed 20% of the area of each window upon which such signs are displayed.
7. 
Properties in an Industrial Zone are permitted freestanding signs subject to the following restrictions.
(a) 
There may be only one freestanding sign per lot.
(b) 
The sign shall be located at least four feet from a street right-of-way line or property line and at least 50 feet from the point of intersection of the side lines of any two streets.
(c) 
The sign shall have a solid background which shall not exceed 10 square feet in area nor more than three feet in width.
(d) 
The top of the sign shall be located no more than eight feet above the ground below the sign nor more than eight feet above the curb line of the street immediately opposite the sign.
8. 
Provided there is no freestanding sign as provided in paragraph 7 above, an industrial property in an Industrial Zone having a street frontage of at least 300 feet shall be permitted one freestanding sign, subject to the following limitations and requirements:
(a) 
The sign shall contain only the name of the industrial property or facility or the brand or the manufacturer's name of the principal product sold, or the service rendered.
(b) 
The top of the sign shall not extend more than 15 feet above the ground surface below the sign.
(c) 
The total area of the sign shall not exceed 30 square feet.
(d) 
The bottom of the sign shall be at least 10 feet above the ground level below the sign.
(e) 
Subject to the requirement in paragraph (d) above, one sign for each industrial use located on the premises may be suspended below the principal sign surface. Each such sign shall contain only the name of the business establishment, and each sign shall not exceed one foot in height and five feet in width.
9. 
Provided there be no wall sign, a sign may be erected on sloping roofs, including gambrel and mansard roofs, or on roof fascia, overhangs and marquees subject to the following limitations and requirements:
(a) 
There shall be only one such sign for each commercial industrial user.
(b) 
The top of the sign shall be located at least one foot below the highest point of the roof of the building.
(c) 
The height of the sign shall not exceed three feet or 15% of the height of the building, whichever is less.
(d) 
The width of the sign shall not exceed 15 feet or 50% of the width of the roof of other structures to which it is attached, whichever is less.
10. 
Signs on properties within an Industrial Zone fronting on major streets shall be sufficiently legible and intelligible to afford a motorist the opportunity to absorb the information, make a voluntary decision to turn or stop and enter the deceleration lane before slowing down. In further interest of safety such sign shall not imitate any signage as regulated by the MUTCD.
e. 
Automobile Fueling Station and Public Garage Signs. Automobile fueling stations and public garages may display, in addition to signs permitted in the district where it is located, the following special signs:
1. 
The name of the product or service provided by the service station or garage and the logo for that product or service may be placed on the permanent canopy erected over the fueling pumps or charging outlet provided neither the name nor the logo project above or below the horizontal plans of the canopy or beyond the vertical planes of the canopy. Canopy signage shall be limited to the logo brand of the station and not exceed 30% of the canopy fascia on each side.
2. 
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that each such sign does not exceed seven square feet in area.
3. 
One freestanding price sign shall be permitted for each frontage and be located no closer than six feet from the property boundary lines. Sign area shall not exceed 24 square feet and maximum height shall not exceed 12 feet from the grade below. Changeable LED digital signage displaying fuel prices for automobile fueling stations shall be permitted subject to the following regulations:
(a) 
Digital price signage may not change until a change in the price of fuel has occurred.
(b) 
Digital price signage must be static or depicted for a minimum of 24 hours.
(c) 
Movement, including flashing, scrolling, or rotating so as to draw attention are prohibited.
(d) 
Animated signs, signs that change images, video signs, or tri-vision signs shall be prohibited.
(e) 
The maximum brightness levels for electronic message boards and fuel price signs shall not exceed 0.2 foot-candles over ambient light levels measured within 150 feet of the source.
(f) 
The owner/user shall reduce the level of brightness if determined by the Borough Construction Official that the light level exceeds the levels specified.
(g) 
The electronic message area shall be programmed to dim and brighten automatically in response to changes in ambient light.
(h) 
Prior to the issuance of a permit for the sign, the applicant shall provide written certification from the sign manufacturer or installer that the light intensity has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration may be periodically required by the Borough in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.
(i) 
The electronic message area shall be controlled electronically by a computer or other similar device that has a manual override.
(j) 
The digital price sign shall be turned off at all times when the business or use that its serves is closed.
4. 
Except as expressly permitted in the paragraph fueling stations signs shall comply with the provisions set forth in § 12-23.15a and b.
f. 
Signs in the Downtown District. In addition to applicable provisions in this section, signage in the Downtown District shall comply with the following:
1. 
Intent. Signage in Downtown Bernardsville should be subordinate to the building. The building becomes the signage that characterizes the downtown. Signage in the Downtown District should also be appropriately scaled to the pedestrian instead of the automobile. The intent is to encourage a variety of signage types that clearly identify businesses and other uses, but in a manner that enhances the streetscape and the pedestrian experience.
2. 
Permitted Signs. In addition to the standards in this section, the following signs and associated standards shall apply to signage in the Downtown District. Where standards below conflict with other standards in this chapter, the standards for signs in the Downtown District shall control.
(a) 
Awning Signs.
(1) 
Awning signs shall be limited to the valance of the awning.
(2) 
Awning signs shall have a maximum height of 1.5 feet and a maximum area of 60% of the awning valance.
(3) 
Awning signs shall be limited to one per storefront awning and located above ground story windows and doors only.
(4) 
Awining signs shall not be integrnally illuminated.
(b) 
Canopy Signs.
(1) 
Canopy signs shall have a maximum height of two feet and a maximum area of 50 square feet.
(2) 
Canopy signs may not project more than one feet from the face of the canopy.
(3) 
Canopy signs shall not extend beyond the ends of the canopy.
(4) 
Canopy signs shall be limited to one sign per canopy and only permitted if no wall or awning sign exists on the facade.
(5) 
Canopy signs may be internally or externally illuminated. Internal illumination shall be limited to the letters and/or logo.
(c) 
Small Ground-mounted Signs Permitted in the Downtown Core and Claremont Districts.
(1) 
Small ground-mounted signs shall be limited to two sides; shall have a maximum height of six feet above grade; a maximum depth of two feet; and a maximum area of five square feet per side.
(2) 
Small ground-mounted signs shall be limited to one sign per lot frontage. One additional ground-mounted sign is allowed in increments of 100 feet of additional lot frontage.
(3) 
Small ground-mounted signs shall set back a minimum of 2.5 feet from the lot line facing primary or secondary street and a minimum of five feet from all other lot lines.
(4) 
Small ground-mounted signs shall not be internally illuminated.
(5) 
Small ground-mounted sign may be masonry, wood, metal, or a composite material with similar properties. The sign should complement the architecture of the principal building on the same lot.
(d) 
Large ground-mounted signs, except that large ground-mounted signs shall not be permitted in the Downtown-Core and Downtown Claremont subdistricts.
(1) 
Large ground-mounted signs shall be limited to two sides; shall have a maximum height of six feet above the base; a maximum depth of two feet; and a maximum area of 40 square feet. The base of a ground-mounted sign shall have a maximum height of two feet.
(2) 
Large ground-mounted signs shall contain no content other than that identifying the occupants and property manager of the building or buildings on the lot on which the six is erected.
(3) 
The maximum area of the sign and its structure shall be 100 square feet.
(4) 
Large ground-mounted signs shall be limited to one sign per lot frontage. One additional ground-mounted sign is allowed for lots 1,000 feet wide and greater.
(5) 
Large ground-mounted signs may only be used on lots having a frontage parallel to the street of 100 feet or more.
(6) 
Large ground-mounted signs shall be set back a minimum of five feet from the primary or secondary street lot line and a minimum of 10 feet from all other lot lines.
(7) 
Large ground-mounted signs may be internally or externally illuminated.
(e) 
Projecting Signs.
(1) 
Projecting sign shall be limited to two sides, shall have a maximum height of three feet; a maximum projecting width of four feet; a maximum depth of six inches; and a maximum area of four square feet per side. The sign shall have a minimum of six inches and a maximum of 12 inches of space between facade and sign.
(2) 
Projecting sign shall be wood, metal, or a composite material with an appearance similar to wood or metal.
(3) 
Projecting sign shall be limited to one sign per tenant space.
(4) 
Projecting sign shall be located between ground story window and door heads and second story windowsills. In single story buildings, projecting signs shall not extend above roof eaves on a sloped roof or above the surface of a flat roof.
(5) 
Projecting sign shall be internally illuminated.
(f) 
Wall Signs.
(1) 
Wall signs shall have a maximum area of one square feet per linear foot of facade.
(2) 
Wall signs shall not extend above roof eaves on a sloped roof or above the parapet on flat roofs.
(3) 
Wall signs shall not project more than one feet from the face of the facade.
(4) 
Wall signs shall not cover windows or doors.
(5) 
Wall signs may be internally or externally illuminated. Internal illumination shall be limited to the letters and/or logo.
(g) 
Window Signs.
(1) 
Window signs shall be permitted only in ground floor windows.
(2) 
The content of window sign in the Downtown Districts shall be limited to the name of the entity, the date the business was established, a logo, and the street number of the premises.
(3) 
Permanent sign shall be either etched or painted on the window.
(4) 
Sign may not cover more than 20% by the area of the window.
(5) 
In addition to the signs permitted above: restaurants may place in the window a current menu of no greater than two pages sized 9.5 inches by 14 inches; and movie theaters may place standard sized movie posters.
Note: Illustrations for the application of the regulations set forth herein are illustrated in Attachment 4 - Signs.