Kenilworth City Zoning Code
ARTICLE 31
Signs
§ 120-31.1 Compliance required.
No sign shall be hung, placed or painted in any district except as hereinafter provided.
§ 120-31.2 Permit requirements.
All signs, except for temporary signs, shall require a permit. Applications for permits shall be submitted in triplicate to the Construction Official. Each application shall be accompanied by a description of the sign and/or a sketch or plan showing the size, location and other pertinent data required by the Construction Official.
§ 120-31.3 Unsafe signs.
Any sign in a sight triangle shall not create any unsafe condition for vehicular traffic. Whenever a freestanding, overhanging or attached sign becomes structurally unsafe, the Construction Official shall order that such sign be made safe or removed. Such order shall be complied with within 10 days of receipt thereof by the person, corporation or other body owning the sign or owning the building or structure to which it is attached.
§ 120-31.4 Existing signs.
Any sign erected, hung or otherwise displayed prior to the adoption of this article which does not conform to these provisions shall not be altered by changing the overall dimensions. If deteriorated or damaged to the extent of 1/2 of its replacement value, such sign shall not be rebuilt and shall be removed within 60 days following notice to do so by the Construction Official; provided, however, that nothing contained herein shall prevent maintenance, repainting or posting of such signs.
§ 120-31.5 Illumination of signs.
A.
In all cases where illumination of signs is necessary and is permitted under the terms of this article, such sign shall not be illuminated by other than a shielded or otherwise indirect, nonflashing light, preferably a white light, or a light from the interior of a sign with a translucent face.
B.
In no event will red or green illumination be permitted, whether flashing or not, on any sign located in the same line of vision as a traffic control signal. The Borough shall have the authority to compel the removal or correction of such sign within 60 days of notification of its decision, whether or not such sign existed at the time of enactment of this Part 3.
C.
In no event will any illumination of any sign be so arranged as to produce undue glare or offensive light annoying to residents in the surrounding area. The Borough shall have the authority to compel the removal or correction of such sign within 60 days of notification of its decision, whether or not such sign existed at the time of enactment of this Part 3.
§ 120-31.6 Temporary signs.
A temporary sign is one which shall remain standing for a period not to exceed six months, provided that, in the case where such a sign advertises an event or occurrence, including political campaigns, charitable drives, rental of apartments, sale of homes and like activities, such signs shall be removed within 15 days of the closing of the event or occurrence advertised thereon. Any temporary sign that remains in place for 12 months or more shall not be deemed a temporary sign.
§ 120-31.7 Determination of sign area.
A.
For a sign, either freestanding or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.
B.
For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any backing of a different color than the finished material of the building face.
C.
Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters and symbols.
§ 120-31.8 Setback and height requirements.
A.
In the case of a sign attached flat against the face of a building or other structure, such signs shall not extend or project beyond the face of such building or other structure located in any residential district a distance of more than six inches, and in no event shall such projection be any greater than 18 inches in any other district where signs are permitted.
B.
No freestanding sign in excess of 10 square feet shall be located within five feet of any lot line.
§ 120-31.9 Exempted signs.
Nothing herein shall be construed to affect in any way any directional, informational or street name signs erected by any municipal, county, state or federal government agency or utility in connection with street identifications, public buildings, railroad crossings, electric utility lines and installations and other like uses, buildings or activities or any nonilluminated nameplate or plaque of less than two square feet in area, or any directional signs on premises, less than one square foot in area, indicating traffic movements, exits and entrances.
§ 120-31.10 Obstruction prohibited.
No sign shall be located so as to obstruct any door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure. No sign shall be permitted where such sign would obstruct vision at a street intersection or at any curve in any street. Such signs where they exist are subject to action by the Borough and must be corrected or removed within 60 days of the notification to do so.
§ 120-31.11 Number of signs permitted.
Unless otherwise provided, no more than one ground sign on any street frontage shall be permitted on any premises in a residential, commercial or industrial district. This section shall not apply to signs indicating the entrance to or exit from a premises, or any such similar permitted signs. For properties on corner lots, one sign may be permitted on each street frontage, providing that the aggregate area of signs is not greater than 1 1/2 times the area of a single sign as hereinafter specified. In addition to any permanent ground sign, one temporary sign up to 10 square feet shall be permitted on each frontage.
§ 120-31.12 Prohibited signs.
A.
The following types of signs shall not be permitted in any zone:
(1)
A flashing, fluttering, animated, moving, vibrating, sequential, tracer, electronic or rotating sign.
(2)
Signs with any lighting or control mechanism that may cause radio or television interference.
(3)
Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes or placed so as to interfere with any opening required for legal ventilation.
(4)
Any sign which is of such a form, character or shape as to confuse or dangerously distract the attention of the operator of a motor vehicle, including but not limited to signs visible from the street using the word "stop" or "danger" or any other word, phrase, symbol or character with the effect of simulating a public safety warning or traffic sign.
(5)
Any advertisement which uses a series of two or more signs or units placed in a line parallel to the highway, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.
(6)
Signs which in any way simulate official, directional or warning signs erected or maintained by the State of New Jersey, a county or municipality thereof, or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.
(7)
Billboard and/or outdoor display structures not associated with a business on the same lot.
(8)
Roof signs and signs on the side of any structure extending above the edge of the roof.
(9)
Signs on railroad or vehicular overpasses.
(10)
Any use of flags or similar displays, not otherwise referenced in this section, to attract attention, except in connection with a particular holiday or season of the year.
(11)
Any use of pennants or similar displays, not otherwise referenced in this section, to attract attention.
(12)
Any commercial exterior use of outdoor icicle or string lighting. Notwithstanding the foregoing, icicle or string lighting is permitted when such lights are used to illuminate merchandise on display or for purposes of indicating that a commercial establishment is open, subject to the following:
(a)
Such lights are to be small, white and unblinking.
(b)
No such lights may be used when the exterior of the building is floodlit, "floodlit" being defined as a strong beam of light that is used to illuminate a substantial portion of a building exterior or grounds.
(c)
All such lights must be turned off at the close of business for an establishment using such lights.
(13)
Signs tacked, pasted, painted or otherwise attached to or inserted into public buildings, poles, posts, trees, fences, sidewalks or curbs.
(14)
Signs which obstruct driving vision, traffic signals, sight triangles and traffic direction and identification signs.
(15)
Ionized inert gas sign lighting where the light source tubing is directly exposed to view, except neon "open" signs as permitted by § 120-31.13B(9).
(16)
(Reserved)[1]
[1]
Editor's Note: Original § 225-388P, regarding banner-type signs, previously included in this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 120-31.12A(18).
(17)
Signs projected by light onto the facade of a building.
(18)
Banner-type signs, except in celebration of a public event or to call attention to holidays of public significance and, in such cases, only when erected by the Borough itself or authorized by the Mayor and Council and to announce a "grand opening" of a business, provided that the banner is affixed to the building of the business celebrating its grand opening, the banner is erected for a period not to exceed 30 days, and the banner is no more than two feet high and no longer than 3/4 of the width of the side of the building to which it is affixed.
B.
The term "internally illuminated sign" shall include awnings and vending machine displays which are translucent or transparent and which meet the definition of sign as contained herein which are illuminated from the rear so that such awning or vending machine display acts as an internally illuminated sign.
C.
Any sign advertising a use or business that is no longer in existence at that location shall be removed within 30 days of the close of the business.
D.
Any sign indicating commercial property is for rent or for sale shall conform to the size limitations as if it were a permanent sign.
E.
Any type of sign not specifically permitted is hereby prohibited.
§ 120-31.13 Permitted signs.
A.
Residential districts.
(1)
Signs advertising a premises for sale or rent, provided that such sign shall not exceed 10 square feet in area. No permit fee shall be required.
(2)
One temporary sign, not exceeding 16 square feet, identifying a project, provided such sign shall be removed promptly after completion of the project and shall be set back at least five feet. No permit fee shall be required.
(3)
One sign or bulletin board for a permitted nonresidential use, provided that such sign shall not exceed 16 square feet and shall be set back at least 1/2 the required front yard depth.
(4)
One sign identifying a permitted accessory professional office or home occupation, provided that such sign shall not exceed two square feet.
(5)
Decorative, nonilluminated signs showing the name and/or address of the house or family, not to exceed two square feet in area and shall be attached to the dwelling. Not more than one such sign shall be erected for each dwelling unit, up to a total of two for any one lot.
(6)
A sign indicating parking lot usage and tow company information of no less than nine square feet and no more than 12 square feet is allowed in any residential zone at each entry to any parking area.
(7)
One sign announcing the sale of an individual's personal property. Such signs shall not exceed 12 square feet and shall not be displayed for a period exceeding 31 days in any calendar year.
(8)
Any sign not expressly permitted above is prohibited.
B.
Nonresidential zone districts.
(1)
Any sign permitted in residential districts shall be permitted.
(2)
One sign advertising services offered or goods sold or produced on the premises shall be permitted. Such sign shall not exceed 10% of the area of the facade of the building on which the sign is located, up to a maximum of 200 square feet.
(3)
No roof signs shall be permitted.
(4)
Freestanding signs shall only be permitted for the purpose of identifying automobile filling stations or integrated shopping units consisting of four or more individual shops or offices. Such signs shall not have an area of more than 24 square feet; for automobile filling stations, a height in excess of 20 feet; and for integrated units, a height of greater than 10 feet.
(5)
One temporary sign, not exceeding 16 square feet, identifying a project, provided such sign shall be removed promptly after completion of the project and shall be set back at least five feet. No permit fee shall be required.
(6)
A permanent sign or rigid awning sign shall be mounted above the front entrance. Such sign must indicate the trade name of the establishment. Office buildings may include a directory of all tenants. Businesses must have a street number on the front of the building visible from the street. A sign mounted above the front entrance shall not exceed a height of 36 inches nor an area equal to 1.5 square feet per linear foot of building width, with a maximum of 50 square feet. No sign mounted above the front entrance shall be closer than 2 1/2 feet to the end of the front wall to which it is attached. A rigid awning may extend the entire front of the building, but no signage on the awning shall be within 2 1/2 feet of each end of the awning or 20 feet, whichever shall be the lesser.
(7)
In addition to a sign or rigid awning sign on the front facade of a building, a sign on each other side of a building visible from a public street is permitted. Such sign shall not be larger than eight square feet unless there is an entrance accessible from a rear parking lot, in which case such sign shall comply with the requirements of § 120-31.13B(6).
(8)
A sign centered above the rear entrance door is permitted on any building with an entrance accessible from a rear parking lot intended for patron parking. Such sign shall not be larger than four square feet.
(9)
One nonflashing sign of neon tubing stating only the word "open" is permitted in a window near the principal entrance. The word "open" may be enclosed in a border of neon tubing. Such sign, including any border, shall not exceed six inches high by 12 inches wide.
(10)
Any office building is permitted to display a directory sign visible from the roadway listing the names and/or types of business of all tenants. Each sign shall be no larger than eight square feet and each listing shall be not more than six inches high.
(11)
A directory sign bearing the name and/or type of business of the principal tenants renting space in the rear or the upper floors of the building may be located at the principal entrance of such rented areas. The area of such sign devoted to each such tenant shall not exceed four square feet.
(12)
Credit card signs and trading stamp signs may be displayed on windows, provided that the total area of all such signs shall not exceed two square feet in area.
(13)
Signs required by law to be exhibited by the occupant of the premises may be displayed, provided that the same do not exceed six square feet in total area.
(14)
Special signs indicating public conveniences, such as "notary public," "public telephone," "public restrooms" or words or directions of similar import may be displayed, provided that each such sign does not exceed 72 square inches in total area and only one sign of each type is displayed.
(15)
Nonilluminated signs displayed on the interior of windows to give notice of sales or special functions shall be permitted. No more 25% of the total area of the window on which such signs are displayed shall be covered. Such temporary signs shall be removed after 30 days.
(16)
On parking lots or parking facilities which are not adjacent to the business or commercial buildings or structures which they serve, a freestanding sign for the entrance to the separate parking lot or parking facility, which shall not exceed eight square feet in area, shall be permitted. In no case shall the base of such sign be less than eight feet from ground level, and in no case shall the top of such sign be greater than 11 feet from ground level. The purpose of this sign shall be to show that the parking lot or parking facility is available for use by the patrons or employees of the business or commercial enterprise so identified.
(17)
A sign indicating parking lot usage and tow company information of no less than nine square feet and no more than 12 square feet is allowed in any zone at each entrance to the parking area.
(18)
Gasoline stations. A gasoline station may have one freestanding, stationary sign identifying only the company name or brand name of the gasoline sold, including any associated insignia or emblem, provided that such sign shall not exceed 45 square feet in area and that the top of such sign shall not be more than 20 feet above the ground surface. Such sign may be two-sided. Signs affixed to the exterior surfaces of gasoline pumps shall be permitted, limited to identification of the company name or brand name of the gasoline sold, including any associated insignia or emblem, gasoline type and/or grade and such other information as may be required by law. Such signs shall not extend or project beyond the surfaces on which affixed more than 15 inches. In addition, price indicator signs not exceeding 150 square inches in area may be attached to, supported by or suspended from each gasoline pump.
(19)
Painted window signs. Signs may be permanently painted on windows so long as the letters are not painted on any background and no more than 25% of the window surface consists of the painted sign.
(20)
Any sign not expressly permitted above is prohibited.
(21)
Any sign advertising a use that is no longer in existence shall be removed within 30 days.
(22)
Signage may be replaced on a one-for-one basis without site plan or other relief required. Any change to a sign in size, shape, illumination or style shall require a commercial sign permit and any other relief necessary.
§ 120-31.14 Fees.
A.
Each application filed with the Construction Official for a sign permit shall be accompanied by a fee payable to the Borough in accordance with the schedule of fees set forth in Article 6.
B.
There shall be no fee charged for permits for temporary signs advertising school board elections, municipal elections, and charitable functions or activities; provided, however, that such signs shall only be permitted to be posted for a period 15 days prior to and seven days after the date of the election, event or occurrence advertised thereon.