Irvington City Zoning Code
ARTICLE VII
Signs
§ 650-31 Sign regulations. [1]
A.
Permits required.
(1)
It is unlawful for any person to erect, structurally alter or relocate any sign without first obtaining a permit and making payment of the required fee. Any sign erected or maintained in violation of this article shall be removed by the property owner, tenant or agent.
(2)
No sign permit will be issued without the written consent of the landowner or the one in control of the premises.
(3)
A permit to erect a sign shall only apply to the premises for which it was obtained and the sign for which it was obtained and shall not be transferable to another premises or sign.
(4)
Any sign not specifically permitted by this article is prohibited.
B. ABANDONED SIGN ADVERTISING SIGN ANIMATED SIGN AWNING SIGN CHANGEABLE SIGN DIRECTIONAL SIGN DIRECTORY SIGN DOUBLE-FACED SIGN ERECT FACADE SIGN FLASHING SIGN FREESTANDING SIGN IDENTIFICATION SIGN ILLUMINATED SIGN MEMORIAL SIGNS NONCONFORMING SIGN OUTDOOR DISPLAY STRUCTURE or BILLBOARD PARAPET PERSON PROJECTING SIGN ROOF SIGN SHOPPING CENTER or OFFICE PLAZA SIGN SIGN AREA SPECIAL EVENT SIGN SIGN STRUCTURE TEMPORARY SIGN
Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Sign which no longer identifies or advertises a bona fide business, lessee, service, owner, product, or activity or for which no legal owner can be found, or a sign which is in a state of disrepair.
A sign which may be a changeable sign and which provides information in addition to that included in the definitions for "identification sign" and for "directory sign."
A sign or display having action, motion, flashing lights, color changes, rotating or moving parts, banners, spinners, flags, or pennants, except for barber poles.
A fireproof space frame structure with translucent, flexible, reinforced vinyl covering designed in awning form, but whose principal purpose and use is signage. Such signs are wholly supported by the building to which they are attached and may be internally illuminated by fluorescent or other light sources in fixtures approved under the National Electrical Code and BOCA Code.
A sign whose informational content can be changed or altered by manual, electric, electromechanical, or electronic means.
A sign containing directional information about public places owned or operated by federal, state, or local governments or their agencies or pursuant to government statute, order, or regulation; publicly or privately owned natural phenomena or historic, cultural, scientific, educational, and religious sites; and areas of natural beauty or naturally suited to outdoor recreation; and a sign containing directional information whose purpose it is to regulate and control the flow of vehicular and pedestrian traffic to identify sidewalks, parking areas, loading zones, entrances, exits, fire lanes, handicapped spaces, private parking, and similar areas.
A freestanding sign that lists the occupants or tenants of a site or building and may cite the building owner or manager and telephone number.
One sign with print on both sides or two signs attached to each other back-to-back. Whenever there is an angle between two or more faces, each shall be considered as separate signs.
To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but not any of the foregoing activities when performed as an incident to the changes of an advertising message or normal maintenance or repair of a sign or sign structure.
A sign attached to, painted on, or erected against the exterior wall of a building, with the sign face parallel to such wall, the highest portion of which sign is not higher than the lowest portion of the roofline of the building and is not wider than the building.
A sign, the illumination of which is not kept constant in intensity at all times when in use.
A sign which may be a changeable sign and which is supported by poles, columns, uprights, or foundations affixed to the ground but not attached to any part of any building.
A sign which states the name, address, and/or telephone number of the occupant(s) therein or identifies a place or development or the name and profession of a home occupation conducted on the premises.
A sign which is illuminated either indirectly from an external artificial source with nonglaring lights or directly by shielded floodlights.
Historical tablets, cornerstones, memorial plaques, building name, erection date and emblems which do not exceed six square feet in surface area and which are cut into any masonry and which are constructed of bronze or other durable material.
A sign which was erected legally, but which does not comply with current sign restrictions and regulations.
A sign which advertises a product or service or which directs attention to a business, industry, profession, commodity, service, organization, or entertainment not sold or offered upon the premises where the sign is located and any sign unrelated to the premises on which the sign is erected.
The extension of a false front or wall above a roofline.
Any individual, association, partnership, firm or corporation.
A sign which is attached to a building wall and extends from the face of such wall.
A sign constructed or supported upon the roof or above the roofline of any building or structure.
A collection of more than two stores, businesses, offices, or separate commercial uses with shared, on-site parking for customers in one or more connected lots.
Any device, structure, fixture, or placard using graphics, symbols, and written copy for the primary purpose of identifying, providing directions or advertising any establishment, product, goods, or services, provided that the display of public notices in connection with a public entity or the flag, emblem or insignia of a nation or political unit shall not be considered signs under the provisions of this article.
The entire display space available for print, including decorative trim, or, in the case of individual box letters, the box dimensions encompassing all the letters, including decorative trim. If there is no background, the sign area shall be the smallest rectangular area required to encompass all lines of lettering, illustration, or display.
A sign in connection with special events in the community.
Any structure which supports or is capable of supporting any sign or signs.
A nonilluminated sign which advertises a political election or a political event, a community or civic project, real estate for sale or lease, garage or other sale or special event on a temporary basis and is removed within seven days of completion of the event.
C.
Exempt signs. Exempt signs shall not be included in the calculations of maximum signage area as specified elsewhere in this article. The following signs are permitted where specified and with the following conditions. Such signs shall not require permits or the payment of fees, but are subject to the other provisions of this article:
(1)
Any sign erected by the federal, state, county, or Township government or agency thereof.
(2)
Nonilluminated facade identification signs on any building, provided that such signs do not exceed two square feet in area.
(3)
Decals not exceeding one square foot in area.
(4)
Permanent painted or neon letters with no background and not exceeding 25% of any window of a commercial establishment.
(5)
Nonilluminated temporary signs inside windows of commercial establishments covering not more than 25% of any window and not unreasonably obstruct light or visibility.
(6)
Directional signs not exceeding three square feet in area.
(7)
Nonilluminated signs denoting the architect, engineer, or contractor who is completing work under construction and not exceeding 12 square feet in area, and which shall be removed within seven days after the issuance of a certificate of occupancy. Such sign may either be a facade sign or a freestanding sign not exceeding eight feet in height nor located within 15 feet of any lot line.
(8)
Memorial signs.
(9)
Nonilluminated signs forbidding trespassing, hunting, fishing, or trapping as authorized by the fish and game laws, provided that the signs shall not exceed two square feet in area.
(10)
One nonilluminated, temporary sign, per lot, indicating a political preference, election, or event, or advertising public functions or fund-raising events for charitable or religious organizations for a period of 60 days prior to the event, provided that such signs do not exceed 12 square feet in area, not exceeding eight feet in height. Such sign may be a facade sign or a changeable and/or freestanding sign not located within 10 feet of any lot line.
(11)
One nonilluminated, temporary sign, per lot, advertising a garage or yard sale only on the premises on which the sign is located, not to exceed four square feet, and containing the date(s) of the sale, and shall be removed within 24 hours after the last day of the sale and limited to no more than 10 sale days per calendar year.
(12)
One nonilluminated, temporary sign, per 25 feet of road frontage, advertising the sale or rental of the premises upon which they are situated, provided that such signs do not exceed 24 square feet in area and may contain such phrases as "inquire within," a telephone number, the name and address of the owner or agent, and which shall be removed within seven days of when the purpose of the sign is fulfilled.
(13)
One nonilluminated, temporary sign, per lot, on a sold premises, provided that such signs do not exceed four square feet in area and may contain the word "sold" and the name, address, and telephone number of the owner or agent, and which shall be removed within 14 days after the sale.
(14)
One nonilluminated, temporary sign, per 25 feet of road frontage, on a premises for sale announcing an "open house," but only on the day that such open house is being conducted, and only once in any seven day period, provided that such signs do not exceed four square feet in area.
(15)
Temporary and permanent traffic signs and signals installed by the Township, county, and state for the purpose of directing and regulating the flow of traffic.
(16)
Signs indicating public transportation stops when installed by the Township or a public transportation utility.
(17)
Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag or an official state flag whenever and wherever flown in accordance with the laws and rules promulgated by the government.
(18)
For a single-family residential building, one lawn sign identifying residents, not exceeding two square feet in area. The sign shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamppost if used as support for the sign.
(19)
Gasoline price signs, not exceeding one square foot in area, limited to one per nozzle. Such signs shall be mounted on the pump or canopy support.
D.
Preexisting nonconforming signs.
(1)
A preexisting nonconforming sign may continue to exist (except for prohibited specified herein at § 650-31E(1) through (13), which shall be removed upon passage of this article) at its present location, but shall not be rebuilt, relocated, enlarged, extended, replaced, or altered in any way (except for change in lettering or printed content and its backboard) unless the change results in a sign conforming in all aspects to this article. Alterations include, but shall not be limited to, any change made to the supporting members, frame, backing, or lighting system.
(2)
In owner-occupied or one-tenant occupancy of a building, no permit shall be issued for any additional sign if the property contains a nonconforming sign.
E.
Prohibited signs and sign features.
(1)
No sign shall be erected, used or maintained which in any way simulates or is similar to official, traffic, directional, or warning signs erected or maintained by the state, any county, any municipality, or by any public utility or similar agency concerned with the protection of the public health or safety.
(2)
No portion of any sign shall be located within or suspended over a public right-of-way, street, or pedestrian walkway, or public sidewalk, except for official Township functions, unless specifically authorized by ordinance or regulations of the Township.
(3)
No sign (except for official signs) shall be of such color, shape, or lettering, or placed in such a position as to diminish or detract in any way from the effectiveness, obscure visibility of, or potentially cause a danger near any traffic signal or similar safety or warning device.
(4)
No portion of a sign may obstruct any window, door, fire escape, stairway, or opening intended to provide light, ingress, or egress to or from any building or structure, with the exception of those allowed in § 650-31C(2).
(5)
No sign may be placed in such a position as to cause a danger to traffic by obscuring visibility.
(6)
No portion of a sign shall be attached to any fire escape or fire escape support. No portion of a sign shall be closer than two feet from the edges of a fire escape platform. No sign, brace or guy wire shall obstruct access to a fire escape or other means of egress.
(7)
No sign may be animated with the exception of clocks and weather information or banners used as special event signs.
(8)
No sign visible from the street may use the word "stop" or "danger" or any other word, phrase, symbol, or character which simulates a public safety warning or traffic signal.
(9)
No sign may have advertising matter of an illegal, indecent, or obscene nature.
(10)
No sign, other than officially authorized signs, may be placed, painted, or attached to standpipes, trees, fences, utility poles, sidewalks, curbs, other signs, or motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, but nothing herein contained prohibits directional or identification signs.
(11)
No sign shall advertise a proposed use for a property without having been issued a zoning permit from the Township.
(12)
No sign shall cause glare or have a direct source of light which is not shielded in such a manner that it is not visible from the street or any adjacent residential property.
(13)
No sign shall be on a balloon.
(14)
No sign shall be a sequential series of two or more signs placed in a line parallel to the highway, or in similar fashion, all carrying a single advertisement message, part of which is contained on each sign.
(15)
No sign shall be a flashing sign or have exposed high-intensity illumination or exposed neon tubes or reflective material or neon tubes encased in a transparent material.
(16)
No sign shall be a roof sign on buildings, structures, parapets, or vehicles, excluding licensed and registered taxicabs for hire.
(17)
No sign may be an outdoor display structure or a billboard.
(18)
No freestanding sign or projecting sign shall be erected on lots facing 40th Street.
(19)
No freestanding sign shall exceed the height of or extend above the first story or roofline.
(20)
No projecting sign shall exceed four square feet in area or extend outward more than 18 inches from the exterior wall surface of the supporting sign structure or be closer than 10 feet to the ground.
(21)
Abandoned signs shall be removed by the tenant, property owner, or agent.
F.
Administration and filing procedure.
(1)
The Building Inspector shall only issue a permit for the erection of a sign which complies with this article and, where applicable, in accordance with approvals granted by the Planning Board or Zoning Board of Adjustment.
(2)
Applications for permits to erect a sign shall be submitted on forms obtainable from the Building Inspector. Each application shall be accompanied by plans showing the sign area, dimensions, square footage, printing, symbols, materials, method of illumination if any, location, method of fastening, vertical distance between the bottom of the sign and the ground, and the horizontal distance between the sign and property lines. The application must include the name and address of the applicant, as well as the name, address, and written consent of the owner of the property, and the name and address of the person erecting the sign. The applicant shall specify whether the sign will be an advertising sign, an awning sign, a directional sign, a directory sign, or an identification sign and whether the sign will be temporary or permanent.
G.
Permitted signs in residential districts (R-1, R-2, R-3, R-4, and R-5).
(1)
For a single-family residential building, either one nonilluminated facade identification sign located on the house not to exceed two square feet in area, or one nonilluminated freestanding identification sign in the front yard not to exceed four feet in height and not less than 10 feet from a property line.
(2)
For a home professional occupation or a preexisting nonconforming use or a conditional use other than residential, either one nonilluminated facade identification sign located on the principal building not to exceed two square feet in area or one nonilluminated freestanding identification sign not exceeding two square feet in area nor exceeding four feet in height and not located less than 10 feet from a property line.
(3)
Religious institutions, hospitals, nursing homes, private schools, service organizations and public buildings and facilities may have one nonilluminated freestanding sign or changeable sign not more than 35 square feet in area, not to exceed six feet in height, and not less than 10 feet from a property line, on each major street bordering the property, as necessary to provide directions or describe the use and upcoming events.
(4)
Signs are permitted in connection with each housing or multibuilding development complex, as follows:
(a)
At each entrance to the multibuilding development complex, two freestanding signs, which may be illuminated, stating the name of the development only. Each sign shall not exceed 25 square feet in area and not more than eight feet in height.
(b)
At the rental or sales office of the development, one freestanding sign, which may be illuminated, advertising the office, not to exceed 15 square feet in area and not more than five feet in height.
(c)
Nonilluminated temporary real estate unit for lease or sale signs, the sole purpose of which is to direct the public to a housing or land development under construction. Not more than one such sign shall be permitted per 300 feet of street frontage of a lot. Each sign shall not exceed 15 square feet in area and five feet in height above ground and shall be set back at least 10 feet from each property line. The signs must be removed after construction of the complex is completed.
(d)
Directional signs as necessary and one directory sign per complex not closer than 10 feet to a property line.
(e)
At each building entrance, one nonilluminated identification facade sign, which the sole purpose shall be to identify residents' doorbells, and which sign shall not exceed one square foot.
H.
Signs in business districts (B-1, B-2, and O-1).
(1)
Facade signs shall be permitted as follows:
(a)
One facade advertising sign, which may be illuminated, attached to the front of a building shall not exceed 10% of the front first story surface area of the portion of the building allocated to that particular business.
(b)
For lots served by a rear parking lot, one facade advertising sign, which may be illuminated, attached to the rear building wall shall not exceed 5% of the rear first story surface area of the portion of the building allocated to that particular business.
(c)
For lots served by a parking lot in a side yard, one facade sign, which may be illuminated, attached to the side building wall shall not exceed 5% of the side first story surface area of the portion of the building allocated to that particular business.
(d)
No one sign shall exceed 150 square feet in area, unless the front wall area exceeds 1,500 square feet. In such case, the sign(s) shall be permitted to increase in size by one square foot for each 200 additional square feet of front wall area, but not to exceed 300 square feet of area for any one sign.
(e)
No sign shall project more than 12 inches from the building facade; provided, however, that where a sign extends more than three inches from the face of the wall, the bottom edge of the sign shall not be less than eight feet from the ground.
(f)
No sign shall have a top height higher than 20 feet from ground level nor project above the roofline, whichever is less.
(g)
Such signs may be illuminated. Lettering and backing material shall be coordinated with other adjacent sign colors.
(2)
Freestanding and changeable signs for business uses other than shopping centers or office plazas shall be permitted as follows:
(a)
Not more than one such sign shall be permitted per 300 feet of street frontage on any one lot.
(b)
No one surface of any such sign shall exceed 75 square feet in area or one square foot for each five feet of street frontage, whichever is less.
(c)
No such sign shall be higher than 20 feet nor project above the roofline of the building, whichever is less; the bottom of the sign shall not be closer than eight feet to the ground level.
(d)
All such signs shall be located in the front yard and must be set back from the front lot line at least 15 feet.
(3)
Freestanding and changeable signs in shopping centers or office plazas shall be permitted as follows:
(a)
One per main driveway entrance to identify the center and occupants therein, not to exceed 250 square feet or one square foot for each five feet of street frontage, whichever is less. The total area of such signs shall not exceed 500 square feet and shall not be closer to one another than 1,600 feet on the same street frontage.
(b)
Such signs shall not exceed 25 feet in height and shall be set back 10 feet from the front lot line, and no such sign shall encroach upon the required side yard or rear yard setbacks.
(c)
Such signs may be illuminated.
(4)
Awning signs for business uses are permitted as follows:
(a)
All frames are to be manufactured from tubular or structurally shaped steel or aluminum with finishes or coatings as required to insure against corrosion.
(b)
Vinyl fabric coverings are to be 14 ounces per yard minimum weight with certification as to tensile strength and flame resistance to meet industry and NFPA and BOCA codes.
(c)
Fastenings and/or structural attachments to buildings must be only to structural members and of sufficient size and strength to meet BOCA standards.
(d)
Electrical components and/or lighting equipment is to be labeled and rated for protected outdoor use and installed by a licensed electrical contractor.
(e)
Ceilings are optional and may consist of egg crate, mesh fabric, or solid plastic material. Removable panels or sections must be provided to allow access for service and cleaning.
(f)
Awning signs which project over or above backup walls are to be covered and weather protected with structural plastic, rustproofed metal, or aluminum.
(g)
Such signs may be illuminated. Lettering and backing material shall be coordinated with other adjacent sign colors.
(h)
Letter copy on awning signs is to be applied with manufacturer-approved processes.
(i)
Minimum height clearance shall be eight feet between the bottom of the awning and the ground level, including any fringe or valance, and may not project over a public right-of-way.
(j)
Such signs shall be limited to single-story buildings or to the first level only of multistory buildings.
(k)
Such signs may be attached to buildings not to exceed property lines. In shopping centers or multiunit developments, such signs may not exceed control curbs or safety zones. Awnings shall not protrude from the wall more than adjacent signs.
(l)
Only the copy area of such signs shall be considered in the square footage limitations. The remaining portion shall be considered as awning area only.
I.
Signs in manufacturing districts (M-1, M-2, and M-3).
(1)
Facade signs for nonresidential uses: the same regulation as specified for business districts herein at § 650-31H(1).
(2)
Freestanding and changeable signs for nonresidential uses shall be permitted as follows: the same regulations as specified for shopping centers herein at § 650-31H(3).