Garwood City Zoning Code
ARTICLE XI
Signs
§ 106-137 Purpose.
The purposes of this section are to promote aesthetic objectives, provide a mechanism through which property owners may erect adequate signage for legitimate businesses, and to improve safety by eliminating visual clutter and distractions along the Borough public rights-of-way. A secondary purpose is to relate permitted sign size, number and type to size and use of structure rather than to street frontage or lot size so as to promote a more consistent visual relationship between the two.
§ 106-138 Regulatory standards.
[Amended 7-11-2017 by Ord. No. 17-12]
Signs are not considered accessory structures or uses within the scope of § 106-107 of this chapter, but are regulated through this section. No sign shall be erected, placed, hung, painted, or otherwise located in any zone district unless a zoning permit is obtained. All signs must be properly maintained and no sign shall be displayed which shall be dilapidated or otherwise in disrepair.
§ 106-139 Definitions.
[Amended 7-12-1994 by Ord. No. 94-14]
As used in this chapter, the following terms shall have the meanings indicated:
A sign fastened to or painted on a wall of a structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than twelve inches from such building or structure. Such a projection into the public right-of-way shall be permitted.
Any nonmovable sign not affixed to a structure.
A sign that can be single or double faced that is not permanent or affixed to a building or structure or the ground.
[Amended 7-11-2017 by Ord. No. 17-12]
A sign that is wholly or partly dependent upon a structure for support and which projects more than 12 inches from a structure.
The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure. Where there is no framing, the sign area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters, and their supporting logos, or elements, if any.
A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.
§ 106-140 Signs permitted in residential zones.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
Only the following signs are permitted in the residential zones:
(1)
One freestanding temporary sign related to construction activity ongoing on the lot, or a real estate announcement subject to the following restrictions:
(a)
Size: four square feet maximum.
(b)
Height: five feet maximum.
(c)
Setback: five feet minimum.
(d)
Display time period. Sign shall only be displayed during the time the construction is ongoing, or the real estate remains on the market. All such signs are to be removed within one week of the construction completion or real estate closing.
B.
The freestanding sign may be double-faced. One face only shall be counted toward maximum size requirement. The freestanding sign may be internally illuminated. Lighting of the sign shall not be permitted between the hours of 11:00 p.m. and 6:00 a.m.
§ 106-141 Signs permitted in the Central Business, General Business and Community Commercial Zones.
[Amended 7-12-1994 by Ord. No. 94-14; 2-25-1997 by Ord. No. 97-03; 7-11-2017 by Ord. No. 17-12]
Only the following signs are permitted in the Central Business, General Business and Community Commercial Zones:
A.
Residential uses shall be allowed to utilize all of the signs that are permitted for residential uses in residential zones.
B.
Signs for nonresidential uses are regulated as follows:
(1)
Commercial uses shall be allowed to utilize all of the signs that are permitted in the residential zones.
(2)
Structures which have less than a four-foot front yard setback shall be permitted to have one wall or facade sign for each tenant in the structure; the total sign area for all signs shall not exceed two square feet for each foot of building frontage, but in no circumstances shall total sign square footage exceed 40 square feet. In multi-tenanted structures, the individual tenant sign shall be part of one sign structure.
(3)
Structures which have a front yard setback equal to or greater than four feet shall be permitted to have, in addition to the above wall signs, one six-square-foot sign projecting not more than three feet from the structure, but not into the public right-of-way, with signage on both sides of the sign.
(4)
Multiple retail/commercial use structures (those with more than two tenants) with front yard setbacks equal to or greater than 10 feet shall be permitted the following signage:
(a)
One double-sided projecting or freestanding directory sign not to exceed 40 square feet, which maintains a minimum five-foot setback from all lot lines, does not project more than five feet from the structure, has a maximum fifteen-foot height, and is a minimum of 10 feet high at its lowest point. This sign may be utilized for a listing of all tenants in the structure, or for the name of the development.
(b)
One wall/facade sign for each tenant not to exceed two square feet for each foot of front facade of the tenant space or a maximum of 40 square feet, whichever is less.
(c)
In the Community Commercial Zone only, a double-faced freestanding sign of 60 square feet may be utilized in place of above, provided that it is no higher than five feet at its highest point.
(5)
Portable signs shall be permitted for retail trade, retail services and eating and drinking establishments, subject to the following regulations:
(a)
No such sign shall exceed 48 inches in height or width or eight square feet.
(b)
Signs may be constructed of only the following materials: painted wood, painted metal (with professional-quality painted message), heavy plastic, chalkboard or dry-erase board. They may not be lighted or flashing.
(c)
Portable signs may be constructed only as follows: two sandwich boards that support each other (A-frame) or easel-type or T-type frame.
(d)
Signs may be displayed only within the side property lines, as extended, of the business advertised. No sign shall be permitted other than one which advertises such business. No more than one sign shall be permitted for each business. Signs may be displayed only during hours when the business is actually in operation and must be stored inside when not on display and when the business is not in operation.
(e)
Signs may be displayed only in the following locations: adjacent to the building, in an entrance alcove, or adjacent to the curb. No such sign shall block pedestrian movement, access to benches, access to parking meters or access to motor vehicles. Signs may not be placed in the public right-of-way without a sign permit from the Zoning Officer, which permit may be revoked at any time for noncompliance with this section.
(f)
No such sign shall block the five-foot passage required by the Americans with Disabilities Act for pedestrians.
(g)
No such sign shall block access to benches, motor vehicles or pose sight/view obstructions to pedestrians or vehicular traffic.
(h)
The Zoning Officer may direct that any sign which, in the discretion of the Zoning Officer, violates this section or creates a safety hazard be removed, modified or relocated. Additionally portable signs shall be removed by the owner when high winds or other inclement weather affecting the sign shall occur.
(i)
The Chief of Police may direct that any sign which, in the discretion of the Chief of Police, creates a safety hazard or causes a sight obstruction to pedestrians or vehicular traffic be removed, modified or relocated.
§ 106-142 Signs permitted in the Light Industrial and Industrial/Commercial Zones.
[Amended 7-12-1994 by Ord. No. 94-14; 2-25-1997 by Ord. No. 97-03; 7-11-2017 by Ord. No. 17-12]
Only the following signs are permitted in the Light Industrial and Industrial/Commercial Zones:
A.
Commercial uses that are permitted in the Central Business and General Business Zones but not in the Industrial Zone shall be permitted to have signage as per § 106-141B above.
B.
Industrial uses which are permitted in the Industrial Zone only shall be permitted to have the following signage:
(1)
One facade sign not to exceed 5% of the total facade area of the principal structure that is parallel to the street, or a maximum of 100 square feet.
(2)
One double-sided projecting or freestanding sign not to exceed 40 square feet, maintaining a minimum five-foot setback from all lot lines, a projection from the structure of no more than five feet, and a maximum twenty-foot height, with its lowest point being a minimum of 10 feet above ground level.
C.
Signs permitted by § 106-141B(5).
§ 106-143 Signs permitted at automobile service stations.
A.
One double-sided freestanding sign not to exceed 40 square feet, with a five-foot minimum setback from all property lines, and a maximum height of 20 feet. A double-sided reader board, not to exceed 36 square feet (total of both sides), indicating prices of various types of gasolines sold on site, may be installed under this sign on the same pole, but it shall be at least 10 feet above the ground at its lowest point.
B.
One facade sign not to exceed 5% of the total front facade area of the principal structure, but not to exceed a maximum of 40 square feet. This sign is to be located on the principal structure; it cannot be located on the canopy area.
C.
Signs indicating pump prices are required to be located on each pump, but shall not exceed one square foot in size.
§ 106-144 General provisions.
[Amended 2-25-1997 by Ord. No. 97-03; 7-11-2017 by Ord. No. 17-12]
All signs shall comply with the following regulations, unless otherwise specifically stated in this chapter:
A.
Each nonresidential structure/use may display, in a consolidated space on a facade or window area not exceeding five square feet, a sign bearing the name, street number and/or type of business of the principal tenant, credit card signs, and special signs serving the public convenience such as "notary public," "public telephone," etc., or words or directions of similar import. This sign area is not counted within total sign area calculations.
B.
Temporary signs promoting grand openings, special sales, or other special events shall be permitted on all nonresidential structures or uses, provided they are limited to three in number, a total of 50 square feet in total area, are not within a public right-of-way, do not exceed the maximum height permitted in the zone in which the structure is located, and are displayed for a maximum of two-week periods, or a total of 28 days a year. Lighted or flashing temporary signs are not permitted.
C.
All loading and shipping docks may be identified through the installation of one sign for each dock not exceeding five square feet in total area.
D.
The installation of on-site directional signs for the public such as entrance, exit, one way, stop, truck entrance, visitor parking, etc., shall be unregulated other than subject to site plan review by the approving authority, provided that they are no larger than two square feet in total sign area.
E.
One double-faced sign of a maximum six square feet total sign area may be installed on each vacant lot in nonresidential zones, provided it is set back a minimum of 10 feet from each lot line, and does not exceed a ten-foot height.
F.
Not more than two window signs promoting sales or products are permitted, provided that no more than 25% of the window space of any window is covered by such signs. These signs are not calculated within total sign square footage.
G.
All wall, projecting, and freestanding signs permitted by this chapter, except those that are temporary and those that are permitted in residential zones, may be illuminated, subject to the following regulations:
(1)
No illuminated sign shall be of such a color or located in such a manner so as to diminish or detract in any way from the effectiveness of any traffic signal or similar official safety or warning device.
(2)
No illuminated sign shall be of the flashing or moving type.
(3)
All illuminated signs shall be lit from behind or within the structure and the source of illumination shall not be exposed to view. All such light shall be shielded so that the light produced by them shines only on the premises where they are located. All such light sources shall be directed away from rights-of-way and residential properties and shall be screened from residential zones.
H.
No sign shall be permitted which does not pertain to an occupant, service or product actually occupying or provided on the premises where such sign is located.
§ 106-145 Prohibited signs.
Signs prohibited in all zones shall include, but not be limited to, the following:
A.
Signs which are placed on, or extend above, the roofline of any structure.
B.
Signs posted on fences, posts, utility poles or trees, or standing, installed or painted on curbs, retaining walls or sidewalks unless permitted under other Borough ordinances.
C.
Signs of the moving or revolving type.
D.
Portable signs.
E.
Flashing signs.
F.
Intermittent signs, or signs in which the message changes.
[Added 3-24-2009 by Ord. No. 09-07]
G.
Liquid crystal display signs.
[Added 3-24-2009 by Ord. No. 09-07]
§ 106-146 Signage exceptions.
[Amended 3-24-2009 by Ord. No. 09-07]
A.
Signs of a political nature or signs advertising a community event are exempt from these regulations except as to sign size and location in applicable zones. All such signage is to be removed within one week of the date of the final decision or event in such matter.
B.
Subject to the landowner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.