Fair Haven City Zoning Code
§ 30-7.24
Signs.
[2002 Code § 16.28.030; Ord. No. 2009-16; Ord. No. 2010-04; Ord. No. 2011-04; Ord. No. 2015-04]
a.
Purpose. The regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services, and facilities in Fair Haven without difficulty and confusion, to encourage the general attractiveness of the community, and to protect property values therein. Accordingly, it is the intention of this section to establish regulations governing the display of signs which will:
1.
Promote and protect public safety, comfort, convenience and aesthetics;
2.
Enhance the economy and the business of the Borough by promoting the reasonable, orderly and effective display of signs, and thereby encourage increased communication with the public;
3.
Restrict signs and lights which overload the public's capacity to receive information or which increase the probability of traffic congestion and accidents by distracting attention or obstructing vision.
b.
General Provisions.
1.
All signs shall conform to the requirements of the New Jersey Uniform Construction Code as adopted by the Borough and conform to generally accepted standards of workmanship.
2.
All signs to be erected, inscribed, installed, replaced or altered shall require a sign permit, except permitted signs for private residences and permitted temporary signs. All sign applications shall be submitted to the Construction Official.
The application fee for such permit shall be $25. The application shall be approved or denied by the Construction Official within 15 working days after the application is received. Denial requires a written report from the Construction Official stating the reason the application has been denied. Denials may be appealed to the Zoning Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-70.
3.
The maximum height for freestanding or projecting signs, unless otherwise provided, shall not exceed 12 feet above ground level. (See special restriction for signs in the historic district).
4.
All signs shall be located within the building line of the property, unless otherwise specifically provided.
5.
No permanent marquees or canopies shall extend into the front yard set back or over a public walk.
6.
Official signs erected by the Borough, County, State or Federal government shall be permitted in all districts.
7.
One freestanding sign for identification shall be permitted for schools, churches, hospitals or similar institutions, and for permitted clubs and lodges, provided that the area shall not exceed 35 square feet in total area.
8.
Floodlights shall not be located more than 12 feet above ground level and shall be so placed and shielded as to prevent any glare or blinding effect upon any lane of moving traffic or into any residential property. No illumination shall be permitted on any sign from 11:00 p.m. until 6:00 a.m.
9.
No sign shall be located in such a manner as to materially impede the view of any street or intersection.
10.
Signage, lettering, messages, logos and similar words located on permitted architectural features, such as awnings, shall be included in the overall sign area. The area shall be defined by a geometrical shape that most accurately outlines the sign.
11.
Signs placed in windows are permitted subject to the following provisions. Except for "For Sale" and "For Rent" signs, any temporary signs or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall relate to products or services provided by the owner or tenant of the premises or to communications or announcements of charitable, civic or community organizations displayed with permission of an owner or tenant of the premises. The total area of all such temporary sign or signs shall not exceed 25% of the area of the window to which the sign or signs are attached or otherwise exposed to public view.
12.
The bottom of all projecting signs shall be at least eight feet above ground level. The top of projecting signs shall be at right angles to the building and the outermost point of the sign shall not exceed more than three feet from the side of the building.
13.
Only such signs as are specifically authorized by this chapter shall be permitted uses.
14.
Nonconforming Signs.
(a)
Any nonconforming sign structure existing at the time of the passage of this subsection may be continued until abandoned, destroyed or the termination of the business shall be more than partially destroyed, then the structure may not be rebuilt, restored, or repaired except in conformity to this chapter. Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged sign structure shall be prima facie evidence that the sign structure has been more than partially destroyed. Nothing in this chapter shall prevent the strengthening or restoring of any portion of a sign structure which has been declared unsafe by the Construction Official.
(b)
Maintenance. If the Construction Official shall find that the sign is unsafe, unsecured or in need of repair, or is not maintained in proper painted condition, the Construction Official shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within 30 days after such notice, such sign may be removed in order to comply, by the Construction Official at the expense of the permittee or owner of the property on which it is located.
(c)
Prohibited Signs.
(1)
No rotation beam, flashing illumination, or internal illumination shall be used in connection with any sign.
(2)
Signs with any lighting or control mechanism which may cause radio or television interference.
(3)
Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, door opening used as means of egress or ingress, or for firefighting purposes, or placed so as to interfere with any opening for ventilation required by law.
(4)
Signs utilizing the colors red or green in their illumination when the signs are placed within 50 feet of a street intersection.
(5)
Any sign which is such a form, character or shape as to confuse or dangerously distract the attention of the driver of a motor vehicle.
(6)
Any advertisement that uses a series of two or more signs or units, placed in a line parallel to the street, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.
(7)
Signs which in any way simulate official, directional or waning signs erected or maintained by the State of New Jersey, Monmouth County, the Borough, or by railroad, or public utility or similar agency concerned with the protection of the public health or safety.
(8)
Pennants or streamers except during a fourteen-day period following the commencement of a new business or change of business ownership.
(9)
Signs which rotate or move or which have rotating or moving parts.
(10)
Signs which extend above the parapet of a building.
(11)
Signs which are attached to utility poles or trees.
(12)
Banners except for special events which are covered under paragraph b, 14(f) of this subsection.
(13)
Signs of contractors, tradesmen and professionals located on the premises of job sites.
(14)
Signs on fencing advertising the company responsible for the fencing installation.
(d)
Permitted Signs in Residential Zones.
(1)
A sign to identify a permitted professional use or the occupant of a residence, a sign indicating the private nature of a driveway premises, and of similar nature, providing that the area on one side of any such sign shall not exceed two square feet, shall be situated within the property lines of the premises it identifies and if freestanding shall not exceed four feet in height above existing ground level.
(2)
One nonilluminated temporary sign advertising the prospective sale or rental of the premises upon which it is maintained, provided that the area on one side of any such sign shall not exceed four square feet, shall not exceed three feet in height above ground level and that it shall be removed within three days after consumption of a lease or sale transaction.
(3)
One freestanding sign for each major subdivision, provided such sign shall not exceed 20 square feet in area on each side and shall not exceed eight feet in height. It shall be removed when the subdivision is completed.
(4)
One decorative flag on the residential premises.
(e)
Permitted Signs in Business Zones.
(1)
Each business use may have:
i.
One wall sign on the front of the building, not exceeding a total of 10% of the front building face area and not exceeding 30 square feet in area.
ii.
One permanent window sign painted on the window. The sign shall only identify the business and shall not exceed 15% of the gross window area or 10 square feet, whichever is greater.
iii.
Advertising signs and material in the windows but the total area of all materials shall not exceed 25% of the window area.
(3)
The overall sign area of all signs shall not exceed 15% of the front building face area.
(4)
Where a business structure is located in the intersection of two streets, or a street and a parking lot, an additional wall sign may be erected or inscribed upon the side wall, provided that such wall sign does not exceed 5% of the face area of the front of the building. (This is included in the 15% of the face of the building).
(5)
Where the rear of the business structure adjoins a parking area or public access to a street, a wall sign not exceeding five square feet may be erected or inscribed, provided the total sign area of the premises does not exceed 15% of the building face area. However, where a public entrance exists at the rear of the business structure, a wall sign not exceeding two square feet and stating the name of the premises only may be erected or inscribed, which shall not be counted toward the 15% of building face area limitation imposed in this section.
(6)
One temporary sign advertising the sale or rental of real estate on which it is located shall be permitted, provided that the area on one side of such sign shall not exceed an area of 10 square feet.
(7)
Directional signs may be permitted on the premises, however, no such sign shall exceed four square feet in area.
(8)
No freestanding sign shall be erected, installed or maintained nearer than 10 feet from the boundary of any residential zone. The illumination, if any, of such signs shall be of such intensity and so directed as not to cause light to flow on to the adjacent residential property.
(9)
Service stations shall be permitted to have up to three freestanding portable signs. No more than one sign shall be permitted at a property line. The signs shall not exceed 15 square feet in area on each side.
(10)
Service stations may have one freestanding internally illuminated sign with a maximum area of 35 square feet on one side and a maximum height of 18 feet above existing grade.
(f)
Special Event Signs.
(1)
Civic groups or service organizations may erect a temporary sign prior to a special event provided that permission is granted by the Mayor and Council.
(2)
Any business or professional user shall be allowed to erect special event advertising material. Special event advertising material may be either one banner or one portable sign. The banner or portable sign shall not exceed 15 square feet in area on one side.
(3)
Provided a garage sale permit has been obtained, signs advertising a garage sale may not exceed two square feet in area. The signs may only contain the term "garage sale," "yard sale," "estate sale" or language similar in nature and the address of the property where the sale is to be held. One garage sale sign may be posted on the property where the sale is to be held and not more than two additional signs may be posted on private property within the Borough, but not on public property or utility poles. The sign posted on the property where the sale is to be held may be displayed up to five days prior to the sale and must be removed immediately following the sale. The signs posted within the Borough, but not on the property where the sale is to be held, may only be posted on the day of the sale and must be removed on the day that the sale is concluded.
(g)
Historic District.
(1)
The Fair Haven Historic Commission may erect or cause to be erected on public property within the historic district informational signs or plaques conveying historic information. No permit fees will be charged for such signs.
(2)
With the approval of the Historic Commission, brass plaques, not to exceed 1 1/2 square feet, containing historic data on the structure, may be affixed on the front of the buildings within the historic district.
(3)
Businesses located within the historic district may erect signs which shall be in accordance with the standards set forth in the guidelines established by the Historic Preservation Commission (see the Building Code Official for a copy of the guidelines published by the Historic Preservation Commission and approved by Council). In addition, special provision for signs within the historic districts are:
i.
The height from the ground to the top of an authorized freestanding sign shall not exceed 10 feet.
ii.
The setback from the edge of the sidewalk furthest from the curbing to the edge of a sign shall be a minimum of two feet.
iii.
The size of each sign erected on a building with more than one business occupying the building shall be a maximum of 10 square feet, with the total square footage for all signs erected on the building being a maximum of 35 square feet.
iv.
A freestanding sign on business premises which accommodate a single business entity shall not exceed 20 square feet.
v.
All signs and posts to display signs shall be constructed of wood or materials which simulate wood in appearance.
vi.
All posts shall be finished with paint or opaque stain. All other provisions of this subsection remain in effect with respect to the historic district.
(h)
Temporary Real Estate Directional Signs. Temporary real estate directional signs are permitted in residential and business zones under the following circumstances:
(1)
"Temporary real estate directional signs" shall be defined as removable, freestanding signs, to be placed in or on the ground, not to exceed 18 inches in height, 24 inches in width and no higher than 30 inches above existing grade and shall only indicate the location or directions to a residential property in the Borough to announce an open house utilized in connection with the marketing of that property.
(2)
No more than one temporary real estate directional sign shall be located on any one lot for each open house. The maximum number of temporary real estate directional signs shall be limited to two for any one open house.
(3)
A temporary real estate directional sign may only be installed during the hours from 11:00 a.m. to 5:00 p.m. on the day the open house is being conducted. All temporary real estate directional signs shall be removed no later than 6:00 p.m. of the day of the open house.
(4)
A temporary real estate directional sign, as defined herein, shall not include any illumination, nor shall there be affixed thereon any balloon, streamer or any other decorative accessory.
The Signs Master Matrix Plan has been included as an attachment to this chapter.