Englishtown City Zoning Code
§ 620-23
Sign regulations.
[Amended 5-24-1995 by Ord. No. 95-8; 2-25-1998 by Ord. No. 98-01; 7-22-2015 by Ord. No. 15-11]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADVERTISING STRUCTURE
Any rigid or semi-rigid material with or without sign displayed thereon situated upon or attached to real property or mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed.
FUNCTIONAL SIGN TYPES
(1)
DIRECTORY OF OCCUPANTS SIGN
A sign or plate attached to and/or painted upon the facade of a building, listing the tenants or occupants thereof and their respective professions or business activities.(2)
DIRECTIONAL SIGN
A sign or device intended to direct or point toward a place or which gives verbal directions of any sort.(3)
IDENTIFICATION SIGN
Any sign, symbol, trademark, structure or similar device used to identify the occupant of any structure, the product made, or the activity being pursued by any individual, business, service or commercial activity.(4)
OFFICIAL SIGN
Any sign, symbol, or device erected and maintained by the federal government, the State of New Jersey, County of Monmouth or the Borough of Englishtown for the purpose of informing or guiding the public or the protection and promotion of health, safety, convenience and general welfare or any sign of a civic, fraternal or religious organization specifically authorized by the Borough Council of the Borough of Englishtown.OUTDOOR ADVERTISING SIGN COMPANY
A company in the business of leasing outdoor advertising space and under the licensing power of the Outdoor Advertising Tax Bureau of the Department of the Treasury of the State of New Jersey.
PHYSICAL SIGN TYPES
(1)
GROUND SIGN
A self-supporting sign connected and/or secured to the ground and independent of any other structure, including pylon, pedestal or individual post-type supports.(2)
PROJECTING SIGN
A sign attached to a vertical structure and/or wall which protrudes from the face of the wall.(3)
WALL SIGN
A flat, painted sign, individual letters, framed or unframed, which is affixed to any wall or vertical structure.SIGN
The outdoor and/or indoor display of any writing, printing, picture painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any activity, goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment.
B.
Compliance required. No sign shall be erected anywhere within the Borough except in accordance with the requirements and regulations of this chapter.
C.
Existing signs. Any sign in existence at the time of the adoption of this chapter is entitled to remain, so long as it is not moved, altered or replaced, in which event it shall conform to all the requirements of this chapter.
D.
General regulations. Signs in all zone districts shall comply with the following requirements:
(1)
All signs shall relate to a use or activity located on the same lot. Signs related to activities off the premises are prohibited.
(2)
All signs shall be located so as not to interfere with traffic safety or visibility.
(3)
The repainting, relettering or repair of an existing sign shall not constitute a new use or a change of use, so long as the area of the sign is not altered.
E.
Signs allowed in any area of the Borough without a permit. Only those signs which are exactly described in this section shall be allowed without a permit. Any sign, whether temporary or permanent, not listed or described herein shall require a permit. This permit shall be obtained from the Zoning Officer/Code Enforcement Officer of the Borough of Englishtown. The following signs shall be permitted within the purview of this section:
(1)
Directional signs erected for the convenience of the general public such as those identifying parking areas and loading zones. These signs shall not exceed two square feet of surface area per side and shall not exceed two sides. (Business names or personal names are allowed but shall not include advertising messages.)
(2)
Traffic signs, both temporary and permanent, erected by governmental authorities.
(3)
Public transportation stops, such as bus stops, installed by the Borough of Englishtown or a public transportation agency.
(4)
Historical tablets, cornerstones, memorial plaques, and emblems which are installed or authorized by government agencies.
(5)
"Warning," "no hunting" and "no trespassing" signs, not exceeding one square foot in surface area.
(6)
Flags or emblems or religious, educational, governmental institutions and organizations, flown from supports on the buildings or ground being occupied by the organization.
(7)
Name and street number plates which identify a house, apartment or mailbox, not exceeding 72 square inches of surface area per side and shall not exceed two sides.
(8)
Lawn signs identifying residents, which do not exceed one square foot in surface area per side and shall not exceed two sides.
(9)
Signs posted by governmental agencies.
(10)
Signs which are an integral part of vending machines, such as vending machines and gasoline pumps or other product-dispensing machines which do not exceed two square feet of advertising surface area.
(11)
Real estate signs advertising the sale, rental or lease of the property upon which the sign is located. These signs may not exceed six square feet of surface area and shall not exceed two sides. The sign shall not be illuminated and shall not be located closer to the property line than one-half the distance between the building line and the lot line, as defined by this chapter. Post signs, whether free, swinging or fixed, shall not be permitted.
(12)
Holiday artwork, window decorations and seasonal greetings.
(13)
Restaurant menus and daily-special blackboards.
F.
Signs prohibited in all areas of the Borough. The following signs or types of signs shall be prohibited in all areas of the Borough:
(1)
No illuminated sign shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device;
(2)
Moving or revolving signs and signs using waving, blinking, flashing, vibrating, flickering, tracer or sequential lights;
(3)
Signs using reflective materials which sparkles or glitters;
(4)
Signs which violate the provisions of N.J.S.A. 2C:34-3 et seq.;
(5)
Signs using words such as "stop," "look" or "danger" which, in the judgment of the Police Chief, constitute a traffic hazard or otherwise interfere with the free flow of traffic;
(6)
Signs causing interference with radio, television, or communication equipment transmissions or reception;
(7)
Signs which obstruct doors, fire escapes, windows, walkways and/or stairways;
(8)
Signs or banners spanning public streets unless specifically authorized on a temporary basis, by a duly adopted resolution of the governing body of the Borough for the purpose of advertising or promoting a public event or Borough-sponsored function;
(9)
Signs placed on trees, fences, or utility poles;
(10)
Sequential advertising signs carrying a single advertising message, a part of which is contained in each sign;
(11)
Roof signs;
(12)
Billboards;
(13)
Wall signs attached to a building which extend or project more than 12 inches from the face of the building or which exceed two feet in height or the width of the building to which the signs are affixed. Lettering within the sign area of a wall sign shall not exceed 60% of the total area of the sign;
(14)
Signs advertising a product or service not sold on the premises;
(15)
Any sign not expressly permitted by this chapter;
(16)
Signs affixed or attached to the facade of a building which are perpendicular to the front facade of the building.
G.
Sign types that are not listed in Subsection E, Signs allowed in any area of the Borough without a permit, or Subsection F, Signs prohibited in all areas of the Borough, shall be reviewed by the Zoning Officer or Sign Review Committee.
H.
General regulations.
(1)
Permits. A sign permit shall be secured from the Code Enforcement Officer of the Borough prior to the erection, alteration, reconstruction or repair of any sign not expressly exempted from this requirement by the provisions of this chapter.
(2)
Annual renewal of sign permits. Each sign permit issued pursuant to the terms of this chapter shall be renewed annually by the holder of the permit, his employees or agents.
(3)
Annual permit fees.
(a)
For signs having a display area of up to 50 square feet: $10.
(b)
For signs which exceed a display area of 50 square feet, the fee shall be $10, plus $0.10 for each square foot in excess of 50 square feet.
(c)
For preexisting, nonconforming signs such as billboards, roof signs and ground signs which advertise a business not related to a business conducted on the premises, the fee shall be $0.25 per square foot, with a minimum charge of $25.
(4)
Unsafe, dangerous and improperly maintained signs. Whenever a sign becomes structurally unsafe or endangers the safety of the building or the public or falls into disrepair, the Code Enforcement Officer shall order the sign to be repaired, made safe or removed. Such order shall be complied with within 30 days of the receipt thereof by the person, firm or corporation owning or using the sign or the owner of the building or premises upon which such sign is affixed or erected. All signs and advertising displays shall be properly maintained. For purposes of this chapter, proper maintenance includes but is not limited to replacement of burned-out or nonfunctional light bulbs and other means of illumination, faded or chipped paint, missing or broken letters, and signs or portions of signs which have become detached from the building or structure to which they are mounted or affixed.
(5)
Revocation of permits.
(a)
A permit to erect or maintain a sign may be revoked for any one or more of the following causes:
[1]
Whenever the application used in obtaining a permit is false or misleading.
[2]
Whenever any of the provisions of this chapter are violated.
[3]
Whenever a licensed structure is not being maintained in a safe, sound or good condition.
(b)
No permit may be revoked for any of the above-referenced reasons until written notice has been served upon the permittee, by personal service or first class mail.
(c)
A permittee shall have five days within which to request a hearing by the Zoning Officer/Code Enforcement Officer. Said hearing request must be submitted in writing and addressed to the Borough Zoning Officer/Code Enforcement Officer.
(d)
If a sign permit is revoked pursuant to the provisions of this subsection, the permittee shall remove the sign or advertising structure within 30 days of written notification of the final decision of the Zoning Officer/Code Enforcement Officer. In the absence of the permit holder, his employees or agents, the responsibility lies with the owner of the building or premises upon which such sign is affixed or erected.
(6)
Construction of wall signs. All signs shall conform to the Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7)
Signs consisting of individual letters. The area of the sign consisting of individual letters or figures shall be calculated based upon the total area of the smallest rectangle or rectangles which can enclose each word or figure individually.
(8)
Illumination. All signs shall conform to the Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(9)
Real estate directional signs. Housing developments may place one temporary sign at each entrance to the project and at the rental or sales office during the course of development. A maximum of four such signs shall be permitted in the Borough for any one development. Said signs shall be freestanding ground signs and shall not exceed four feet in height or have a surface area in excess of 10 square feet. Said signs must be removed immediately upon completion of the development. For purposes of this chapter, completion of the development occurs upon the issuance of the last certificate of occupancy for any dwelling unit constructed in the development.
(10)
Temporary signs for commercial establishments. Temporary signs may only be displayed in store windows in the business of the Borough without a permit, provided the following guidelines are observed:
(a)
Window-mounted temporary signs may not obscure more than 20% of the glazed area of any window.
(b)
Exterior signs stating "lost our lease," "going out of business," or other similar business-termination notices may not be posted.
(c)
Temporary signs advertising a seasonal or holiday sale must be promptly removed immediately after the advertised event has occurred.
(11)
Registration of existing signs. Within 90 days of the effective date of this section, all signs containing more than four square feet in area shall be registered with the Zoning Officer/Code Enforcement Officer by the submission of a sketch of the sign, showing its dimensions, the distance between the sign and all property lines, and the height of the sign.
I.
Signs permitted in commercial zones.
(1)
Any signs permitted in residential zones.
(2)
Wall sign.
(a)
One sign for each building or for each use in a building, provided the total area of all such signs does not exceed 20% of the building facade to which it is applied.
(b)
Where a building is located with frontage on more than one street, a sign or signs as provided herein above may be provided on each street. Such signs shall not extend more than one foot from the face of the building and shall not extend beyond the ends or top of the wall to which they are attached.
(3)
Freestanding business sign. One sign for each principal building, provided the total area of all signs shall not exceed one square foot for every one linear foot of road frontage. Such signs shall not extend above the permitted building height limit. Where more than one road frontage exists, additional signs may be placed on such frontage, but they shall be computed separately based on the above formula. In no instance shall the total road frontage on more than one road be used to compute the sign area permitted on any single road. Similarly, no sign, regardless of the amount of road frontage, shall exceed 75 square feet in area or be placed in such a way that any part of the sign is closer than 25 feet to any street line, or 50 feet to the point of intersection of any two street lines.
(4)
Sandwich board signs. One sign per business, provided that the sidewalk is four feet or more in width from the building face to the curb. The sign must occupy the area directly in front of the business. Four feet of clear walking area on sidewalk must be maintained, and the board shall be placed a maximum of six inches from the face of the building. Sign size maximum shall be three feet wide by four feet high, and it must be hinged at the top with a chain across the bottom on each side. Minimum chain length shall be three feet to ensure adequate base for the sign. The sign must be secured by retractable bolts sufficient to support the size of the sign. The bolt system shall be of a design specified and approved by the Borough. The sign must be taken in each evening at close of business.
J.
Signs permitted in residential zones.
(1)
Informational signs or bulletin boards which identify public institutions or facilities such as, but not limited to, churches, hospitals, nursing homes, private schools and service organizations. Said signs may be illuminated but may not be larger than 10 square feet of surface area per side and shall not exceed two sides. Said signs shall be set back from any lot line a minimum of 15 feet.
(2)
Freestanding or wall-mounted professional notice signs which advertise the fact that the residential unit in front of which said signs are erected also contains the professional office of the resident. Such signs may be illuminated but not exceed one square foot of surface area per side and shall not exceed two sides. Said signs shall not exceed four feet in height and shall be set back a minimum of 15 feet from the sidewalk or road surface in those instances where no sidewalk exists.
(3)
Temporary signs advertising fundraising events for charitable or religious institutions which do not exceed 32 square feet surface area and which are located on the premises owned by the organization sponsoring the event. Said signs may not be illuminated. They shall not be erected earlier than 30 days prior to the event and must be removed within three days after the event advertised has occurred. These temporary signs shall not be located closer to any lot line than one-half the distance between the lot line and the building line. Said signs shall not exceed eight feet in height from ground level to the top of the sign.
(4)
In the case of a residential or commercial development under construction, one nonilluminated, temporary, freestanding real estate sign of not more than 32 square feet of sign surface may be permitted on the premises where the construction is taking place. Upon completion as defined in Subsection D, General regulations, of this section, of the total number of houses or units to be constructed in a development, all signs shall be removed.
(5)
The rental or sales office of such residential development under construction may have one illuminated sign identifying it as a rental or sales office only. Such sign shall not exceed 12 square feet per side and shall not exceed two sides.
K.
Signage color and lettering. Colors and lettering styles must conform with the Master Plan of the Borough and must be submitted to the Sign Review Committee.
L.
Sign Review Committee. The Chairman of the Unified Planning/Zoning Board may appoint three Class IV members of the Unified Planning/Zoning Board to serve as a Sign Review Committee on a yearly basis for the express purpose of determining whether or not signs proposed to be erected within the Borough of Englishtown comply with the terms and provisions of this chapter. Applicants for sign permits shall submit a written application form to the Sign Review Committee established hereby, which Committee shall promptly review proposed signs and determine whether or not a sign permit may be granted. The Sign Review Committee shall recommend approval or disapproval to the Borough Zoning Officer, who shall then issue the permit or issue a denial of a permit. In the event that a sign permit is denied by the Zoning Inspector/Zoning Officer of the Borough, the applicant may submit a request for a design waiver to the Unified Planning/Zoning Board. Said appeal must be filed within 20 days of the date of denial.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
M.
Penalty. Any person found guilty of violating any provision of this section shall be fined the sum of $50 for a first offense. Upon conviction of a second offense pursuant to the terms of this section, the fine shall be $150. Third and subsequent offenses shall result in fines of $150 per conviction. Any sign which is found to be in violation of the terms of this section shall be ordered removed and shall not be permitted to be displayed.
N.
Nonconforming signs. Signs preexisting the passage and adoption of this chapter which do not conform to the terms and conditions set forth in this section shall be defined as "preexisting nonconforming signs"; provided, however, that all owners of such signs shall obtain permits for their continued use in accordance with Subsection H of this section within 90 days of the passage and adoption of this section.
O.
Interpretation. The terms and provisions of this section shall be liberally interpreted and construed so as to effectuate the purposes of this section as set forth herein.
P.
Sign waivers. The Unified Planning/Zoning Board may grant waivers from the strict application of the terms and provisions of this section upon proper application to the Board. Such waivers shall be granted only, however, when the applicant for a waiver can demonstrate to the Board and the Board finds as a matter of fact that the strict application of the provisions of this section would work an undue hardship upon the applicant and would result in peculiar and exceptional practical difficulties to the applicant. Additionally, a waiver may not be granted unless the Unified Planning/Zoning Board finds that the waiver can be granted without substantial detriment to the public good and that the waiver, if granted, will not substantially impair the intent and purpose of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Q.
Municipal exemption. The Borough of Englishtown, its municipal departments and subdivisions, including the Board of Fire Commissioners of Fire District No. 1 Englishtown Borough, are hereby exempted from any and all provisions of § 620-23, Sign regulations, of the Code of the Borough of Englishtown.
R.
Appendix I, Signage Combinations.[1]
[Added 5-24-1995 by Ord. No. 95-08]
[1]
Editor's Note: Appendix I is on file in the Borough offices.
S.
Appendix II, Sign font type.
Baskerville | Hawthorne | IONIC | AMERICANA |
TIMES | Bookman | JAWAB | BOOKMAN |
Rockwell | Caslon Antique | XYST | Chippendale |
BERLING | News Gothic | WINDSOR | Century |
CLARENDON | Beton | LOGGIA | Cheltenham |
PYCYODESTYLE | Chesterfield | ALAMEDA | Times |
FRIEZE | Times | GUILLOCHE | Franklin Gothic |
Aachen | Franklin Gothic | Italia | Grotesque |
Italia | Modern No. 2 | Folio | Plantin |
Caslon | Plantin | Helvetica | Helvetica |
