Bradley Beach City Zoning Code
ARTICLE X
Signs and Awnings
§ 450-46 General objectives.
It is the objective of this article to protect and promote the public health, safety and welfare by restricting signs and awnings that violate privacy or increase accidents by distracting attention or obstructing vision. It is also the intention of this article to promote a desirable visual environment and to encourage the replacement of nonconforming signs and awnings with conforming signs and awnings through enforcement.
§ 450-47 General standards.
The following general standards shall apply to all signs and awnings:
A.
All signs and awnings that are not specifically permitted by this chapter are prohibited.
B.
All signs and awnings shall conform to the provision of this article and also to the provisions of the applicable requirements of the New Jersey Uniform Construction Code.
C.
All signs and awnings unless stated otherwise in this article shall relate to the use and occupancy of the property on which the sign is located except for signs placed by the Borough of Bradley Beach.
D.
No advertising or sign shall be erected between or maintained upon any part of the lawn or space between the curbline of the street upon which the property is situated and the main body of the house or structure, except in accordance with this article and provided that this article shall not be construed to prohibit the attachment of a sign to the porch or main body of the structure, subject to the provisions of this article, which shall not extend beyond four feet from the porch or building and said sign shall not exceed three feet in length and two feet in height, provided further that but one sign shall be erected on the front and not more than one sign on the side; provided further that on hotels of 40 bedrooms or more there may be erected a sign that shall not extend beyond four feet from the hotel building or structure and which sign shall not exceed three feet in width and 12 feet in height.
E.
No awning shall be erected or maintained on any building where said awning shall extend over the public sidewalk unless said awning shall be erected and maintained so that the lowest portion thereof shall be at least eight feet, six inches above the sidewalk.
F.
All signs and awnings shall be maintained in good condition and shall be repaired or replaced when their condition deteriorates.
G.
No sign with a flashing, strobe or beam light resembling an emergency light shall be erected in any location.
H.
No sign shall be located so as to impede or restrict the free flow of traffic or pedestrians.
§ 450-48 Application procedures; permit fees.
Unless specifically stated herein, the following application procedures shall apply to all signs in the Borough, and unless stated otherwise, all signs shall require a sign permit.
A.
The Zoning Officer shall be the person in the Borough to whom all permit applications are made.
B.
Prior to the erection of any sign or awning, a permit must be approved by the Zoning Officer, who shall certify that the proposed sign or awning complies with the requirements of this article.
C.
The permit fee for signs shall be $2 per square foot of sign area, with a minimum fee of $46. The sign area shall be computed for only one side of the sign even if two sides are used. The fee for awnings shall be $10, all inclusive. The permit application shall include a sketch that shall indicate the size, location and elevation of the sign or awning along with an original detailed drawing of the sign or awning and if applicable the dimensions of the building.
D.
The Zoning Officer shall render his decision on all applications within 20 days and shall keep on file all permits and applications for signs approved by the Zoning Officer as a permanent record.
E.
The Borough of Bradley Beach Land Use Board shall have jurisdiction to approve signs in connection with its statutory authority regarding subdivisions, site plans or conditional use and other properly presented application.
F.
The Borough of Bradley Beach Land Use Board shall have jurisdiction to approve signs which are presented to it as part of any properly filed development application. The Land Use Board shall also have jurisdiction of all requests for variance relief from the provisions of this article.
§ 450-49 Exempt signs and awnings.
The following signs and awnings shall be exempt from the provisions of this article, which require a permit, but all other provisions regarding size, location and type shall apply where appropriate.
A.
Governmental signs. All signs and awnings that are erected by the Borough of Bradley Beach or any of its departmental committees or agencies or by the State of New Jersey or County of Monmouth.
B.
Political signs. All signs which are political in message, provided that said signs are erected not more than 45 days prior to an election and removed no later than 10 days after an election and provided further that the aggregate total of all said signs per property shall not exceed 20 square feet.
C.
Religious, civic signs. Church, civic, or nonprofit temporary signs not to exceed four feet by eight feet, provided that special permission is granted by the Mayor and Council. A request for permission for placement of a sign under this subsection shall be made to the Zoning Officer, in writing, and permission may be granted only by resolution approved by a majority vote of the Mayor and Council.
D.
Temporary special signs. Any temporary sign or banner may be erected for a period not to exceed 30 days by permission of the Mayor and Council. A request for permission for placement of a sign under this subsection shall be made to the Zoning Officer, in writing, and permission may be granted only by resolution approved by a majority vote of the Mayor and Council.
E.
Grand opening and going out of business. Any sign or banner that is used to designate a grand opening of a business or a going-out-of-business event; provided, however, that said sign shall be limited to 40 square feet per property and shall be removed within 30 days after commencement.
F.
Temporary commercial signs. Temporary commercial signs are permitted as follows:
(1)
Signs announcing that the premises on which the signs are located is available for sale or rent, provided that:
(a)
One sign shall be permitted for each property regardless of its street frontage(s), except that, if under apartment, condominium or cooperative ownership, one sign is permitted for each unit.
(b)
Such sign, unless affixed to a principal building, shall be placed not more than 10 feet from the principal building and shall not be higher than four feet from the ground at its highest point.
(c)
No artificial illumination shall be used.
(d)
No such sign shall exceed four square feet in area.
(e)
Such sign shall be displayed only for as long as such premises is in fact available for sale or rental and shall be removed upon the issuance of a certificate of occupancy by the Borough for such sale or rental. In the event of a recurring or short-term rental property or unit, no advertising signage shall be displayed while the property or unit is occupied by a current rental.
(f)
In addition to "for sale" signs and subject to the same number, height, setback and size restrictions, "open house" signs shall be permitted during the actual time period of an open house.
(2)
Signs identifying a real estate development involving the construction of single-family dwellings in a subdivision, a multifamily development of more than four units or a nonresidential building, provided that:
(a)
One sign shall be permitted for each property regardless of its street frontage(s).
(b)
No such sign shall exceed four square feet in area.
(c)
Such sign, unless affixed to a principal building, shall be placed not more than 10 feet from the principal building and shall not be higher than four feet from the ground at its highest point.
(d)
No artificial illumination shall be used.
(e)
Such sign shall be displayed only for such period of time as there are any homes, apartments, nonresidential space or lots remaining unsold or unrented, but such period of time shall in no event exceed two years from the start of construction.
(f)
No more than one sign may be displayed at any permitted time under this subsection.
G.
Commercial windows. Window signs and lettering shall be permitted in nonresidential zones subject to the following restrictions:
(1)
Business. Window lettering and signs shall pertain only to the business occupying that portion of the premises where the window is located as defined in § 450-4, "window lettering, permanent."
(2)
Permanent lettering and signs. Permanent lettering and signs shall be permitted, provided that the space containing the lettering and signs or the background for it does not exceed 20% of the window area. Any painted area of the window shall be construed as window lettering or signs.
(3)
Temporary window lettering or signs. Temporary window lettering or signs are permitted, provided that they do not cover more than 30% of the window area and together with any permanent window signs do not cover more than 50% of the window area. Temporary window signs or lettering shall not exceed a period of 30 consecutive days, and temporary lettering shall not exceed an aggregate of 180 days in each calendar year.
H.
Sidewalk, freestanding, and sandwich-board-type. Sidewalk, freestanding, and/or sandwich-board-type signs are prohibited, except:
(1)
As may be permitted by leases with concessionaries on public property; and
(2)
One such sign per storefront along Main Street placed directly in front of the business advertised and within 10 feet of the front entrance to said business, provided that such sign shall not exceed 24 inches wide or 40 inches tall, and provided that a pathway area not less than four feet wide between the adjacent building and the adjacent curb shall be maintained at all times. The pathway area shall be unobstructed by trees, tree wells, light poles, trash receptacles, sign poles and posts, telephone booths and similar structures. The pathway area shall not meander around.
(3)
Such sign may be displayed on a public property or thoroughfare if there is no reasonable location available directly in front of the business advertised, but such sign shall not be located more than 15 feet from the front entrance to said business, and the placement of such sign shall maintain a pathway area not less than four feet wide between any adjacent building and any adjacent curb at all times. The pathway area shall be unobstructed by trees, tree wells, light poles, trash receptacles, sign poles and posts, telephone booths and similar structures. The pathway area shall not meander around. A request for permission to place a sign under this § 450-49H(3) shall be made to the Zoning Officer, in writing, and such sign must meet all other requirements set forth in Chapter 450 to be considered, and permission may be granted only by resolution approved by an affirmative vote of a 2/3 majority of the Mayor and Council.
§ 450-50 Permitted signs and awnings.
The following signs shall be permitted in the GB, GBW, R-B, and B-O-R Zones, subject to the provisions of this chapter and the following additional restrictions:
A.
Wall-mounted signs and projection signs. Wall-mounted signs and projection signs shall be permitted, subject to the following:
(1)
There shall be no more than two signs permitted per business establishment, or if more than one business occupies a structure, no more than one facade and two identification signs per storefront shall be permitted.
(2)
The size of a wall-mounted sign shall not exceed 10% of the facade area of the lowest floor of that portion of the building occupied by the applicant's business or 40 square feet, whichever is less. The size of a projection sign shall not exceed 12 square feet, and the lowest portion of the sign shall not hang lower than 8 1/2 feet above the sidewalk level, and the sign shall not project more than five feet from the surface plane of the largest face of the wall of the building to which it is attached. Projection signs shall be hung from one or more black metal chains or by a decorative wrought-iron-style bracket.
(3)
An illuminated wall-mounted directory of occupant's sign not exceeding six square feet may be placed in a multitenant building with a common entrance. Changes in the individual names of the occupants shall not be considered a new sign requiring a new permit.
B.
Exterior signs along Main Street should be in accordance with the following regulations:
(1)
Signs must relate to the uses being conducted on the premises.
(2)
One sign placed or inscribed upon any facade of a building for each permitted use or activity which occurs therein. The sign may be illuminated but shall not be of the flashing or animated type and shall not project more than 12 inches in front of the facade nor extend beyond the top or the end of the facade. One sign shall be permitted for each business establishment. No such sign shall exceed 5% of the area of the facade on which it is located, or exceed 20 square feet in total background area, whichever is less. No wall sign shall be permitted on the side or rear of buildings.
(3)
One nonilluminated, temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines of the premises to which it relates and not exceeding the area of the permanent sign permitted. This sign must be removed from the premises upon occupancy or transfer certificate of occupancy (C.O.) inspection.
(4)
Only permanent business signs may be illuminated. Temporary or portable illuminated signs are prohibited. Any illuminated signs shall be shielded so as to prevent glare, and flashing signs are prohibited.
§ 450-51 Permanent window graphics.
Permanent window graphics shall be permitted, provided that they comply with the provisions of § 450-49G.
§ 450-52 Awnings.
Awnings shall be permitted in all zones subject to the following restrictions:
A.
Awnings may be erected at street level, provided that they shall not extend more than five feet from the surface plane of the largest facade wall of the building to which it is to be attached and must be not less than 8 1/2 feet above ground level. Awnings may contain graphics, including the name of the establishment covering not more than 10% of the surface area of the awning and may be illuminated from the rear. Awning graphics shall be limited to logos or symbols pertaining to the identification and shall not be used as advertising.
§ 450-53 Prohibited signs.
The following types of signs are specifically prohibited in all zones:
A.
Outdoor or rooftop advertising signs and billboards or electronic billboards of any kind, including freestanding and/or sandwich-board-type signs, except for sidewalk, freestanding, and sandwich-board-type signs permitted under § 450-49H.
B.
Any permanent or temporary signs which do not pertain to an occupant, service or product actually occupying or provided on the premises where such sign is located, including temporary signs identifying or advertising architects, builders or any other contractors on a premises where a building is being constructed, altered, repaired, renovated, or demolished.
C.
Roof signs extending above the wall to which they are attached.
D.
Signs posted on fences, posts, utility poles, trees, and street signs or traffic signs.
E.
Signs painted on municipal property or placed in the right-of-way or planting strips without the consent of the Mayor and Council.
F.
Signs painted directly on buildings, sidewalks or curbs.
G.
Signs on accessory buildings that are specifically defined by this chapter.
H.
Signs that flash, are illuminated (such as neon), make noise, imitate official traffic signs or signals or that otherwise contribute a hazard to the traveling public.
J.
All signs not authorized by this chapter are prohibited.