Kearny City Zoning Code
§ 38-6.8
Signs and Awnings.
[Ord. No. 10-14-87 § 138-6.500; Ord. No. 6-27-90; Ord. No. 1999-O-2 §§ 21, 35; Ord. No. 2000-0-28 §§ 1 — 8; Ord. No. 2003-(O)-22; Ord. No. 2003-(O)-34 §§ 1 - 3; Ord. No. 2005-(O)-32. Additional amendments noted where applicable.]
a.
No sign, billboard, advertising, device, banner, canopy or marquee shall be altered, relocated or erected in any Residential District, except signs of not more than 50 square feet in area to advertise sale of land upon which they are erected or the sale of buildings to which they are attached, and builders', architects' and engineers' signs erected on the site of construction during the course of a construction operation. Such signs shall be removed within 30 days after the sale of the land or buildings or the completion of the construction operation.
b.
Permitted Signs in Residential Districts. Signs identifying schools, colleges, churches, hospitals, and other similar public institutions, and Planned Residential Developments (provided that paragraph 2 of this subsection shall not be applicable to Planned Residential Developments), are permitted in Residential Districts, provided that:
1.
The height of any ground sign shall not exceed six feet and the sign area shall not exceed 16 square feet on each side. Not more than one such sign shall be placed along any street on which such property fronts. The base of such signs need not be constructed entirely upon but shall be appropriately landscaped.
2.
Not more than two wall signs may be located on the front building facades of any structures on the lot. The area of each sign shall not exceed 24 square feet.
3.
Signs designating entrances or exits to or from parking areas shall be permitted not to exceed two square feet in area.
c.
Additional explanation of what is meant by sign area: 1) For any sign painted upon or applied/attached to the building, the area considered to include all lettering, wording, and accompanying designs and symbols, together with the background of a different color than the natural or primary color of the building; 2) Where the sign consist of individual letters or symbols attached to or painted on a building, awning or wall the area shall be considered to be that of the smallest rectangle or other geometric shape that encompasses all of the letters, designs or symbols; 3) Only one side of a double faced sign will be counted in computing the area of that sign.
Any question you may have can be answered by calling the Construction Code Department at 201-955-7880, located at 402 Kearny Avenue, Kearny, NJ 07032.
d.
Signs, billboards, advertising devices, canopies and marquees shall be erected and maintained to insure public safety by the owner or lessee of the premises upon which they may be erected. No sign, billboard or advertising device shall cover any part of the window, obstruct any exit or be fastened in any manner to any part of a fire escape.
e.
Construction and Location of Signs.
1.
Wood signs shall be constructed of seasoned lumber not less than 3/4 of an inch in thickness, battened across the backs to insure rigidity.
2.
Metal signs shall be constructed with frame made of iron or steel angles, channels and other necessary iron or steel shapes of sufficient sizes and weights, covered on the exterior with sheet metal of not less than 26 U.S. Gauge.
3.
Supports for signs, billboards or advertising devices erected upon the ground may be constructed of wood or metal and shall be of sufficient size and number, extended at least three feet into the ground, braced and secured in a manner approved by the Construction Official.
4.
Supports of signs, billboards or advertising devices attached to or erected upon buildings or structures shall be constructed of iron or steel angles not less than 1/4 of an inch in thickness, of sufficient size and number, braced and secured to the building or structure in a manner approved by the Construction Official. The use of chain is prohibited.
5.
Signs, billboards or advertising devices erected upon the ground, and flat signs not over 30 inches in width attached to buildings or other structures may be constructed of wood. All other signs, billboards or advertising devices, except banners, shall be constructed entirely of metal. Raised wood letters may be attached to metal signs.
6.
Signs, billboards or advertising devices erected upon the ground shall be located not less than five feet from the street property line upon which they face, except that on a corner of two streets they shall be located not less than 10 feet from each property line, subject to subsection 38-5.1c herein.
7.
Except for signs authorized by a governmental agency, no freestanding permanent or temporary signs shall encroach upon any public right-of-way or any public property.
f.
Projecting Signs. Projecting signs are to be made out of wood, komatex (rigid plastic), or framed aluminum. No internally illuminated signs are allowed. Signs are not permitted to be located less than nine feet above the sidewalk and shall not exceed 10 square feet in area. Two copies of color to-scale sketches with the location of the projected sign on the building, along with letter sizes, must accompany the permit application.
1.
Projecting signs or advertising devices erected at right angles to the face of the building or structure shall be not more than 16 inches in thickness, including the overall dimensions of raised or applied letters or other ornament or attachment. Such signs or advertising devices shall not be higher than the building or structure upon which they are erected, except that on one story buildings they may extend five feet above the roof of the building. Not more than one projecting sign shall be permitted for each business use.
2.
Projecting signs or advertising devices shall be erected not less than nine feet above the surface of the ground and shall project not more than 4 1/2 feet from the face of the building or structure and in no case to within three feet of the curbline, and shall not be erected nearer to an interior property line than a distance equal to the greatest projection.
3.
Flat signs of metal of any dimensions, reinforced by wood or metal frames, may be erected on any business building occupying space below, between or above windows, provided such signs do not project more than eight inches at any point beyond the walls or extend above the roof of the building to which they are attached; and further provided that such signs shall not be less than seven feet six inches above the surface of the ground. Wood letters and decorated wood mouldings may be attached to the face of such metal signs.
4.
In C-1, C-2, C-3 and C-4 Districts, total sign area of wall signs shall not exceed 10% of the first floor front building facade area and in any event shall not exceed 100 square feet. Buildings on a corner lot or with a side building wall exposed to public view may include each building facade as a separate frontage.
g.
Signs Erected Upon the Ground and Roof.
1.
Signs, billboards or advertising devices erected upon the ground shall not be more than 16 feet high above the surface of the ground at any point and shall be constructed entirely open for a height of at least three feet above the surface of the ground, except that open lattice work may be placed in such openings.
2.
Roof signs shall not be permitted in any district.
3.
Ground Signs. Maximum sign area for a ground sign shall not be more than 30 square feet on each side. Not more than one ground sign permitted on any lot except for corner lots which may be permitted one ground sign on each frontage. Retail centers, industrial parks or office centers with five or more separate uses may erect a ground sign totaling not more than 100 square feet in area and set back not less than 20 feet from the street property line.
h.
Canopies, Marquees and Temporary Banners.
1.
Canopies may be erected and maintained across the sidewalk to within 18 inches of the curbline, in a manner so as not to interfere with normal sidewalk traffic, and shall be constructed with iron or steel framework covered with canvas or other suitable material, anchored to the ground and to the building or structure from which they may extend, in a manner approved by the Construction Official. Such applications shall first be approved by the Mayor and Council of the Town of Kearny, New Jersey before approval by the Construction Official.
2.
Marquee and marquee signs and similar structures shall be of fireproof construction, erected not less than 10 feet above the sidewalk and not less than 18 inches from the curbline. Such applications shall first be approved by the Mayor and Council of the Town of Kearny, New Jersey, before approval by the Construction Official.
3.
Temporary banners may be erected, maintained and suspended across a street or streets when properly attached to the buildings or other supports on either side of the street, and in no case less than 20 feet above the surface of the street. The application shall be accompanied by the consent of the owners of the buildings to which the supports are to be attached, and no permit shall be issued for a greater period of time than 60 days. Such applications shall first be approved by the Mayor and Council of the Town of Kearny, New Jersey, before approval by the Construction Official.
i.
Flashing, Animated or Confusing Signs and Devices.
1.
Notwithstanding the provisions of any other ordinance, any advertising, or commercially used sign or device located in whole or in part within 100 feet of the right-of-way of any street and which sign contains lights which move, flash, blink, fluctuate, animate or rotate, or which contains any light or lights, whether flashing or not, similar in color and size, color and shape or color and arrangement to any traffic control device or emergency vehicle light is hereby declared to be a public nuisance and is prohibited. Signs giving public service information such as time, date, temperature, weather or similar information intermittently with low-intensity lights which are not similar in any respect to traffic control devices or emergency lights are not prohibited after the effective date of this section. It shall be unlawful for any person, firm or corporation to install, cause to be installed, operate, maintain or modify any sign or device prohibited by this section as a nuisance, and each day such nuisance is maintained shall be a separate offense.
2.
Any provision of paragraph 1 above to the contrary notwithstanding, the prohibitions herein contained shall not apply to any sign already erected and attached to any building on the effective date hereof.
j.
Administration.
1.
Permit Required. Except as heretofore mentioned, no sign, billboard, fence, advertising device, banner, canopy or marquee shall be altered, relocated or erected upon the ground or upon or above any building or structure in the Town of Kearny, New Jersey, without having first obtained and paid for a permit from the Construction Official of the Town of Kearny, New Jersey.
2.
Permit Applications. Applications for permits shall be made on forms furnished by the Construction Official, together with two sets of drawings showing the construction and supports of such sign, billboard, fence, advertising device, banner, canopy or marquee, and a plot plan or diagram showing the proposed location.
Applications for electrical signs, billboards or advertising devices shall be accompanied with an acknowledgment of application for certificate of inspection and approval by the electrical subcode official.
3.
The fee for a permit to alter, relocate or erect any sign, billboard, advertising device, banner, canopy or marquee shall be in accordance with the Fee Ordinance of the Town of Kearny.
k.
Signs in the C-1, C-2, C-3 and C-4 Districts.
1.
Any sign hereafter erected, displayed or repaired, except as permitted under subsection 38-8.2, within the C-1, C-2, C-3 or C-4 Zone Districts shall conform to the provisions of this paragraph and any other ordinance or regulation of the Town of Kearny and shall not be erected, displayed or replaced without the issuance first of a zoning and sign permit by the Construction Official along with the payment of the required fees. Applications for permits shall be submitted to the Construction Official of the Town of Kearny in accordance with subsection 38-6.8j and shall include (i) an accurately scaled, prepared drawing of the proposed sign and supporting frame, construction, size of letters, details and illumination and (ii) a scaled drawing or photograph of the building for which the sign is proposed, with the location of the sign accurately indicated. Two sets of these drawings must accompany the application. Applications for permits shall be made on forms furnished by the Construction Department located at 402 Kearny Avenue, Kearny, NJ 07032. The Construction Official shall consult with the UEZ coordinator before issuing the permit.
2. AWNING AWNING SIGN BUSINESS DISTRICT GROUND SIGN PORTABLE SIGN PROJECTING SIGNS SIGN SIGN AREAa. b. c. d. WALL SIGNS WINDOW SIGN
Definitions. As used in this paragraph, the following terms shall have the meanings indicated:
Shall mean a flexible covering constructed out of acrylic canvas (Sunbrella brand or similar) over a rigid or fixed canopy-like frame that is affixed to a building wall and must be of a shape and color that compliments the architecture of the building.
Shall mean a sign applied directly to a flexible covering over a rigid or fixed canopy-like frame that is affixed to a building wall. An awning sign shall be considered as a sign which projects perpendicularly from a building wall for purposes of this paragraph.
Shall mean the area of the Town of Kearny located within the C-1, C-2, C-3 and C-4 Zone Districts as shown on the official Zoning Map.
Shall mean a freestanding sign permanently affixed, anchored or secured to the ground. They must be made out of wood, framed aluminum or any other solid traditional material.
Shall mean a freestanding sign not permanently affixed, anchored or secured to the ground. Portable signs include sandwich signs and blackboards.
Shall mean any signs made out of wood, komatex (rigid plastic), or framed aluminum which shall be prohibited at height less than nine feet above the sidewalk and may not exceed 10 square feet in area.
Shall mean any structure, light, letter work, model, banner, pennant, insignia, trade flag or representation or any other device used to advertise, inform or attract the attention of the public and which is designed to be seen from outside a building, excluding window displays of merchandise and informational material incidental to the display or sale of merchandise.
Shall mean:
For a sign painted upon or applied/attached to a building, the area is considered to include all lettering, wording and accompanying designs and symbols, together with the background of a different color than the natural or primary color of the building.
Where the sign consists of individual letters or symbols attached to or painted on a building, awning or wall, the area shall be considered to be that of the smallest rectangle or other geometric shape that encompasses all of the letters, designs or symbols.
Only one side of a double-faced sign will be counted in computing the area of that sign.
The area of a flat, irregularly shaped sign shall be the smallest plane geometric figure that will wholly contain it.
Shall mean nonilluminated signs that can be made out of wood, komatex (rigid plastic), or framed aluminum.
Shall mean any sign temporarily or permanently affixed to the glass of a window or door of a business or that is visible through a window or door and placed on a regular basis within three feet of the glass.
3.
All signs in the Business District shall comply with the following regulations:
(a)
No sign shall be backlighted. Signs (including wall signs, awning signs, window signs and portable signs) may only be indirectly illuminated so that such light source is properly shielded from residences and streets.
(b)
No sign shall be lighted with flashing lights.
(c)
Signs which project perpendicularly from a building wall are prohibited unless such sign (i) does not exceed 10 square feet, (ii) the lowest portion of which is a minimum of nine feet above the sidewalk and (iii) is not internally illuminated.
(d)
Neon. Only two pieces of neon are allowed per establishment and shall be no more than four square feet per piece. No flashing neon is allowed. No neon borders are allowed. Neon is considered part of the allowable 10% of the first floor front square footage sign area. Two color to-scale sketches with the location of the neon must accompany the sign application.
(e)
Neon channel or reverse neon channel letters are letters that are made from metal formed letters that house rows of neon inside the letters that are then covered with plastic faces. In the case of reverse neon channel letters the fact and sides of the letters are made out of metal mounted up off the wall and the neon halo of light stream out the back of the letters onto the facade of the building. The total sign are for neon channel and reverse neon channel letters follows the same guidelines as for wall signs which is not to exceed 10% of the first floor front building facade area and in any event may not exceed 100 square feet. Two copies of a color to-scale sketch of the placement of the letters on the building must accompany the sign application. Buildings on a corner lot may erect an additional sign for each business establishment or use in that building.
(f)
Individually formed letters are nonilluminated plastic or metal individual letter or logos mounted on a wall with stainless steel studs. The sign area for individual formed letters is the same as for wall signs which is not to exceed 10% of the first floor front facade area and in any event shall not exceed 100 square feet. Buildings on a corner lot may erect an additional sign for each business establishment or use located in that building. Two copies of a color to-scale sketch of the placement of the letters on the building must accompany the sign application.
(g)
Window lettering is only allowed using pressure sensitive vinyl and is considered part of the allowable 10% of the first floor front square footage sign area. No window may be painted except for seasonal displays. Two color to-scale sketches of the placement of the lettering must accompany the permit application.
4.
Wall signs nonilluminated signs that can be made out of wood, komatex (rigid plastic), or framed aluminum. Two copies of color to-scale sketches must accompany the sign application. Letter sizes must be shown on the sketch. Wall signs are permitted on each building wall that faces a street in the business district, subject to the following limitations and requirements:
(a)
Not more than one wall sign shall be permitted for each business establishment or use located in the building except that on corner properties an additional sign may be erected on the side of the building for each business establishment or use located in that building.
(b)
No wall sign shall extend farther than six inches from the face of the building wall to which it is attached except that an awning sign may extend up to three feet from the facade of the building to which it is attached.
(c)
The height of any sign shall not exceed 2 1/2 feet or 20% of the height of the building wall to which it is attached, whichever is less. In no event may the Sign Area of any sign exceed 10% of the area of the building wall to which it is attached.
(d)
(Reserved)
(e)
No sign shall be affixed upon a building or structure in any manner which disfigures, damages or conceals any window opening, door or significant architectural feature or detail of said building or structure.
(f)
(Reserved)
(g)
On a sign with horizontal format attached to a building, the maximum allowable height for lettering shall not be more than 80% of the height of the sign.
5.
(a)
Notwithstanding any other provision which requires permits for signs, a temporary banner in the Business District may be displayed temporarily to advertise a grand opening, sale, business anniversary or other celebratory milestones for a period not to exceed 30 days within any nine month period. The banner shall be limited to a size no greater than 15 square feet. A permit shall not be required for such a temporary banner
[Amended 2-22-2022 by Ord. No. 2022-1]
(b)
Except as provided for in paragraph k,5(a), coroplast or paper signs may be displayed temporarily for a period of not to exceed seven days. The display of Coroplast or paper signs shall not exceed the greater of five square feet or 5% of each of the total footage of each windowpane. A permit shall not be required for installation.
6.
Portable signs that inform the public of sales or events may be displayed temporarily on a public sidewalk, subject to the following limitations and requirements:
(a)
The sign does not exceed an area of four square feet and a height of four feet.
(b)
The sign is on display only during hours that the retail establishment conducting the sale or event is open for business.
(c)
The sign is located within three feet of the property line of the retail establishment conducting the sale or event.
(d)
The application for a permit shall include an indemnification agreement pursuant to which the applicant shall agree to forever defend, protect, indemnify and save harmless the Town of Kearny, its officers, agents and employees from any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of such portable sign.
(e)
Only one sign per establishment is allowed.
7.
Ground signs shall mean any freestanding sign permanently fixed, anchored or secured to the ground in the Business District and are subject to the following limitations and requirements:
(a)
Sign must be made out of wood, framed aluminum or any other solid traditional materials.
(b)
Sign may not exceed 30 square feet on each side.
(c)
Sign height is not to exceed 16 feet.
(d)
Sign must be set back at least five feet from the property line.
(e)
Only one sign shall be permitted per lot.
(f)
Sign may not be internally illuminated, but may be externally illuminated by either ornamental incandescent fixtures mounted to the sign structure or by ground fixtures.
(g)
Two copies of a color to-scale sketch of the sign and the placement of it on the property must accompany the permit at the time of application. Letter sizes must be indicated on the sketch.
8.
Political nonprofit or not-for-profit organization signs and temporary contractors signs shall be of temporary construction and the signs shall not remain displayed for longer than 30 days during any six-month period.
9.
Awnings. The installation of awnings is encouraged. The awning may be stationary or retractable. The size of the awning is regulated by Kearny Construction Code Enforcement Department and requires a zoning permit and construction permit to be installed. Two copies of a to-scale sketch of the awning on the building must accompany the permit at the time of application. Awning shall be subject to the following limitations and restrictions:
(a)
Awning must be made out of acrylic canvas (Sunbrella brand or similar) and should be a shape and color that compliments the architecture of the building.
(b)
No vinyl awnings are permitted.
(c)
No back-lit awnings are permitted.
(d)
Lettering is restricted to the vertical flap of the awning, which shall not exceed eight inches in height.
(e)
Permission to encroach over town property with the awning must be sought and obtained from the Kearny Governing Body prior to making application for permit. Requests for approval to encroach must be in writing and submitted before the second Tuesday of the month to: Mayor and Town Council, 402 Kearny Avenue, Kearny NJ 07032.