Edison City Zoning Code
§ 37-62.12
Off-Premise Signs and Billboard Regulations.
[Added 5-8-2024 by Ord. No. O.2213-2024]
a.
Intent and Purpose. It is the intent of these provisions to provide specific zoning conditions and standards for free-standing off-premise signs, referred to as "Billboards", within the Township of Edison. This section aims to balance constitutionally protected free speech while recognizing the need to safeguard the public good and preserve the intent and purposes of the Township Zone Plan.
b.
Applicability. A sign shall be considered an off-premise sign used for the purpose of the business of outdoor advertising in the following circumstances:
1.
If the property owner or sign owner receives compensation for the use of the sign. However, if the payment of compensation for the use of the sign is a condition of a bona fide and principal use of the property and the compensation is paid by the entity whose use or activity is displayed on the sign, the sign shall be considered an on-premise sign; or
2.
If a sign consists principally of brand name or trade name advertising and the product or service advertised is only incidental to the principal activity, conducted on the premises where the sign is displayed.
c.
Zones Permitted. Billboards shall be permitted in the following locations:
1.
L-I (Light Industrial) Zone.
d.
Sign Type. All signs must be freestanding signs in nature and may not be attached to the external wall or otherwise affixed to any part of any building.
e.
Sign Size. Off-premises signs are subject to the following size restrictions according to the posted speed limit of the road that the off-premises sign faces.
Posted Speed Limit (Miles Per Hour) | |||||
|---|---|---|---|---|---|
< 36 | 36 — 45 | 45 — 55 | 56 — 65 | Limited Access | |
Maximum Sign Height (feet) | 15 | 15 | 15 | 15 | 15 |
Maximum Sign Width (feet) | 20 | 20 | 20 | 20 | 20 |
Maximum Sign Area (square feet) | 60 | 100 | 150 | 200 | 300 |
f.
Height and Clearance of Sign.
1.
Sign Height from Grade. Maximum forty (40) feet from grade.
(a)
Sign height shall be measured as the distance from the highest portion of the sign (including any sign copy) to the mean finished grade of the street closest to the sign. In the case of a sign located greater than one hundred (100) feet from a public street, height shall be measured to the mean grade at the base of the sign.
2.
Sign Clearance from Grade. The lowest edge of an off-premise sign shall be at least eight (8) feet above the finished grade.
(a)
Sign clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between the finished grade and the lowest point of the sign, including any framework or other structural elements
g.
Buffers & Spacing. Off-premises signs and billboards will be subject to the following guidelines:
1.
Right of Way. The set back from any right of way shall be either the distance equal to the height of the sign or fifteen (15) feet, whichever is greater. No sign shall be placed further than one hundred and fifty (150) feet from the nearest right-of-way line of any interstate, state, county or local road.
2.
Setbacks. No signs permitted shall encroach upon the required front yard, rear yard or side yard setbacks.
3.
Property Line. Distance shall be measured to the nearest edge of the off-premise sign area, including any copy extensions. No billboard shall be located closer than twenty-five (25) feet from any property line.
4.
Buffers. The following buffers shall apply:
(a)
Proximity to Building, Structure or On-Premise Sign. Located no closer than fifty (50) feet from any building, structure, or on-premises sign located on the same property.
(b)
Proximity to Another Off-Premises Sign. Located no closer than two thousand five hundred (2,500) feet from another off-premises sign on either side of the road measured linearly.
(c)
Proximity to Intersection/Interchange. Pursuant to N.J.A.C. 16:41C-8.1, no sign shall be located within five hundred (500) feet from any intersection, interchange, or safety rest area.
(e)
Not located on sewer rights-of-way, or water, electric, or petroleum pipelines.
(f)
Not located on a bridge.
i.
General Guidelines.
1.
Copy Extension. Copy extension beyond the basic billboard sign are permitted provided they do not exceed four (4) feet above and two (2) feet on either side of the regular display area. Copy extension shall be considered part of the overall square footage of a billboard.
2.
Stacked Signs. Vertically or horizontally stacked signs shall not be permitted.
3.
Sign Faces. Signs may be double sided. Only one (1) side shall be considered when determining the sign area, provided that:
(a)
The faces are equal in size,
(b)
The interior angle formed by the faces is less than forty-five (45) degrees, and
(c)
The two (2) faces are not more than five (5) feet apart.
(d)
Where the faces are not equal in size, the larger sign face shall be used as the basis for calculating sign area.
(e)
When the interior angle formed by the faces is greater than forty-five (45) degrees, or the faces are greater than five (5) feet apart, all sides of such sign shall be considered in calculating the sign area.
4.
Sign Direction & Horizontal Angle:
(a)
Sign Direction. All signs shall be designed so that the display is visible only from a state highway or interstate highway. Off-premise signs shall not face local roadways or residential properties.
(b)
Horizontal Angle. A sign having two (2) identical or different signs back-to-back or a V-shaped sign with a horizontal angle not greater than 45°.
5.
Rear Face of Sign. The rear face of a single-face, off-premises advertising sign shall be painted and maintained with a single neutral color as approved by Township of Edison.
j.
Prohibited Features.
1.
Content. Off-premises signs shall not display any message or graphic of an obscene or pornographic nature as determined by Township of Edison.
2.
Sign/Advertisement Per Face. Any sign classified in this subsection shall be limited to one (1) sign or advertisement per face.
3.
Electronic Changeable Copy or Imagery. No billboard or portion thereof shall have any electronic, digital, or other animated characteristics resulting in an automatically changing depiction.
4.
Electronic Imagery. No sign shall give the illusion of movement, display video or other changing imagery, automatically change, or be animated, flashing, scrolling or blinking.
5.
The message and/or graphic content displayed on the billboard shall not be changed more than once per day.
6.
Message Sequencing. Message sequencing is prohibited.
7.
Moving Vehicles. Off-premise advertising signs shall not be permitted on moving vehicles.
8.
Interactive. Interactive signs shall not be permitted. Electronic or animated signs that react to the behavior or electronic signals of motor vehicle drivers are prohibited.
9.
Additional Restrictions. No off-premise sign or portion thereof shall rotate, move, produce noise or smoke, steam, visible vapors or particles.
k.
Construction and Maintenance.
1.
Certification by Engineer. All plans for off-premises signs shall be certified by a licensed engineer registered in New Jersey.
2.
Construction. All off-premises advertising signs shall be structurally sound and maintained in good condition and in compliance with the New Jersey Uniform Construction Code.
3.
Annual Inspection. On a three (3) year basis, the owner of the billboard shall have a structural inspection made of the billboard by a licensed engineer registered in New Jersey and shall provide to the Township of Edison a certificate certifying that the billboard is structurally sound.
l.
Identification of Sign Owner. All off-premises signs shall be identified on the structure with the name, address, and phone number of the owner of such sign.
m.
Landscaping.
1.
Landscaping shall be provided at the base of all off-premises signs. Trees and shrubbery, including evergreen and flowering trees, of sufficient size and quantity, to the satisfaction of the applicable board and that board's professionals.
2.
Trees. Replacements shall be made in accordance with the Township of Edison tree replacement guidelines.
n.
Application/Plan Requirements. Plans submitted for off-premises advertising signs shall show the following:
2.
A light study must be conducted and submitted in addition to the required information under subsection 37-62.8.
3.
The location and species of existing trees.
4.
The distances to the nearest right-of-way, property line, building, structure, on-premises sign, off-premises sign, intersection, interchange, residential district, or institutional use, sewer rights-of-way, and water, electric or petroleum pipelines.
5.
Site plan containing all of the applicable requirements set forth in the Township of Edison zoning code, as amended.
6.
Certification under the seal by a licensed engineer that the off-premises sign, as proposed, is designed in accordance with all federal, state, and local laws, codes, and professional standards.
o.
Illumination and Changeable Copy of Off-premises Signs.
1.
Off-premises signs may incorporate manual changeable copy signs.
2.
The following illumination types shall be permitted subject to any other lighting guidelines established in the zoning code:
(a)
External illumination.
(1)
External illumination lighting must be provided by a steady, stationary light source that is shielded and directed solely at the sign. The light source must be static in color.
(b)
Internal illumination.
(1)
Internal illumination lighting must be provided by non-glaring lights or may be illuminated by shielded floodlights.
(c)
No sign shall be illuminated by means of intermittent, flashing or blinking lights.
(d)
External Light Sources.
(1)
All light sources shall be designed, shielded, arranged, and installed to confine or direct all illumination to the surface of the off-premises sign and away from adjoining properties.
(2)
Light sources shall not be visible from any street or adjoining properties.
(3)
Light sources shall be shielded from view of all vehicular traffic and shall be arranged so that there exists no glare to any vehicular traffic.
(4)
Light sources shall only be permitted to be arranged on the base margin of any billboard display area.
(e)
Digital.
(1)
Digital Display Cone Angle. The maximum cone angle allowed for digital displays shall be thirty (30) degrees, measured from the centerline of the structure.
(f)
Brightness Guidelines. Sign brightness shall not exceed two-tenths (0.2) foot candles over ambient light.
(1)
During daylight hours between sunrise and sunset, luminance shall be no greater than five thousand (5,000) nits.
(2)
At all other times, luminance shall be no greater than two hundred fifty (250) nits.
(3)
Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change, to comply with the limits set here within. Brightness adjustments must be in effect from 30 minutes after sunset to thirty (30) minutes before sunrise.
(g)
Time Guidelines. Off-premises message boards and signs located on a lot within five hundred (500) feet of a residential zone district, and visible from such residential zone district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless the use to which the sign pertains is open for business during those hours or at the request of the Township in the event of emergency announcement communication needs.
(h)
Safety. In applying for special exception relief, the applicant bears the burden of proof to establish that the proposed off-premises sign will not create a public health or safety hazard in the location that it is proposed and in the manner by which it is to be operated.
(i)
In addition to all of the above conditions, all billboards shall meet all of the requirements as set forth pursuant to the following additional guidelines. In the event any other applicable regulation is in conflict with the provisions of this section, the more strict regulation shall apply:
(j)
All billboards shall be required to have the capability to override the displayed message in order to permit the posting of emergency messages by the Township. The owners of the billboard shall in no way be held liable for any injury suffered by the Township or any other person during an emergency if for any reason the Township is unable to make full use of the billboard as contemplated herein. Changing of the displayed message in this manner shall not violate any other section of this chapter.