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Lake Como City Zoning Code

§ 17-10.10

Signs.

[Ord. No. 90-535; Ord. No. 92-567, §§ 1, 2; Ord. No. 93-575; Ord. No. 94-599; Ord. No. 98-660; Ord. No. 2010-842; Ord. No. 2010-845]
a. 
General Provisions.
1. 
No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No billboard shall be erected.
2. 
No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. The erection of any sign shall require a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be free-standing or attached to buildings in an approved manner.
(a) 
Animated, Flashing and Illusionary Signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.
(b) 
Height. No roof signs shall exceed 30 feet above ground level. No sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles such as, but not limited to, driveway and parking areas. Where signs project beyond a building, facade or wall over a pedestrian way, the lowest portion of the sign shall be at least nine (9') feet above the walkway.
(c) 
Free-Standing Signs. They shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made a permanent support of the freestanding sign.
(d) 
Illuminated Signs. They shall be arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.
(e) 
Information and Direction Signs. Street number designations, postal boxes, on-site directional and parking signs and warning signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed one square foot in area.
(f) 
Maintenance. Signs and their support structures must be constructed of durable materials, maintained in good condition and not be allowed to become dilapidated. All painted surfaces shall be repainted as needed.
(g) 
Portable Signs. No sign shall be exhibited which is portable, i.e. fixed on a movable stand, self-supporting without being permanently embedded in the ground, supported by other objects, mounted on wheels or movable vehicles, or made easily movable in some other manner.
(h) 
Real Estate Signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least five (5) horizontal feet from all street lines. Such signs shall not exceed six (6) square feet in area and shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter of business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and the date of legal closing. All such signs do not need a construction permit.
(i) 
Sign Area. The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols including the background, whether open or enclosed, but the area shall not include any supporting framework and bracing incidental to the display itself.
(j) 
Signs with Two (2) Exposures. Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.
(k) 
Temporary Signs. One (1) temporary banner sign shall be permitted as a maximum on the exterior of the building only. No temporary banners shall be permitted to be placed on any other portion of the property except on the exterior of the building. A maximum of four temporary banner permits shall be issued for any property per year. There shall be a 30 day interval between permit expiration and issuance of the subsequent permit. No permit shall be valid for longer than 30 days. No temporary banner sign shall be larger than the largest permitted sign on the property. The fee to be charged for each temporary banner sign shall be thirty ($30) dollars (each banner permit). A photo or rendering of each banner must be attached to the permit application.
(l) 
Projection. Wall fascia shall mean a flat sign or lettering attached to a building. It shall be firmly attached to the exterior wall of the building and shall not project from the building more than 15 inches. Attached signs that project at an angle to the building shall not project more than forty-eight (48) inches.
(m) 
Abandonment. Any conforming or nonconforming sign, as well as their support structure, shall be presumed to be abandoned when there occurs a cessation of any bona fide use or activity to which the sign is accessory. Said sign shall be removed by the property owner within 30 days of abandonment or 30 days from the adoption of this amendment in the case of existing signs and support structures. This includes all painted signs, interior window signs, displays and banners.
(n) 
Unsafe or Insecure Signs. In the event the Code Enforcement Officer shall determine that any sign, including any nonconforming sign, is unsafe, insecure, in need of repair, not maintained in proper condition or has been constructed, erected or installed in violation of any of the provisions of this subsection, the Code Enforcement Officer shall give written notice of such violation to the permit holder and owner of the premises. If the violation(s) is not remedied within 10 days after receipt of the notice, a complaint shall be filed against the person(s) responsible for the violation in the Municipal Court. In the event such sign violation constitutes an immediate danger to the safety of persons or property, the Code Enforcement Officer shall have the sign removed immediately at the expense of the person(s) responsible for the violation. In such event, notice to the person(s) responsible for the violation shall not be required prior to the ordering of the work.
(o) 
Restoration. In the event any nonconforming sign shall be partially destroyed, such sign may be restored provided there is no change in the size and location. If a nonconforming sign is totally destroyed, defined as more than seventy (70%) percent, such sign shall not be rebuilt. Restoration or removal shall take place within 30 days after notice from Code Official.
(p) 
Continuance. The lawful use of any nonconforming sign existing at the date of this chapter, which is not a portable, temporary or abandoned sign, may be continued although such sign does not conform to this chapter, provided that no such signs shall be enlarged, extended, or changed in material, character, location, illumination, or message. Signs of a portable or temporary nature existing as of the date of the adoption of this chapter shall be removed upon this chapter becoming law.
3. 
Permanent window lettering shall mean and include, but not be limited to etching, lettering or graphics displayed on a business window, which shall be limited to the name of the owner, business name, business address, telephone numbers (including facsimile and electronic mail), and hours of operation which shall be used to identify the nature of the business.
4. 
Temporary window lettering shall mean and include, but not be limited to, lettering, graphics, designs, seasonal designs, ornamental designs, drawings, sketches, logos, writing or any other form of design, letter or character, which shall be temporary in nature to advertise a sale, special civic or public events, seasonal activity or event, which the business is participant, subject to the provisions as set forth in subsection 17-10.10 et seq.
5. 
Signs and Awnings.
(a) 
General Objectives. It is the objective of this paragraph a5 to protect and promote the public health, safety and welfare by restricting signs and awnings which violate privacy or increase accidents by distracting attention or obstructing vision. It is also the intention of this paragraph to promote a desirable visual environment and to encourage the replacement of nonconforming signs and awnings with conforming signs and awnings through enforcement.
(b) 
The following general standards shall apply to all signs and awnings:
(1) 
All signs and awnings which are not specifically permitted by this paragraph a5 are prohibited.
(2) 
All signs and awnings shall conform to the provisions of this subsection and also to the provisions of the applicable requirements of the New Jersey Uniform Construction Code.
(3) 
All signs and awnings unless stated otherwise in this subsection shall relate to the use and occupancy of the property on which the sign is located except for signs placed by the Borough of Lake Como.
(4) 
No advertising or sign shall be erected between or maintained upon any part of the lawn or space between the curbline of the street upon which the property is situated and the main body of the house or structure, except in accordance with this subsection and provided that this subsection shall not be construed to prohibit the attachment of a sign to the porch or main body of the structure, subject to the provisions of this subsection, which shall not extend beyond four feet from the porch or building and said sign shall not exceed three feet in length and two feet in height, provided further that but one sign shall be erected on the front and not more than one sign on the side.
(5) 
No awning shall be erected or maintained on any building where said awning shall extend over the public sidewalk unless said awning shall be erected and maintained so that the lowest portion thereof shall be at least seven (7) feet, six (6) inches above the sidewalk.
(6) 
All signs and awnings shall be maintained in good condition and shall be repaired or replaced when their condition deteriorates.
(7) 
No sign with a flashing, strobe or beam light resembling an emergency light shall be erected in any location.
(8) 
No sign shall be located so as to impede or restrict the free flow of traffic or pedestrians.
(9) 
Blow up advertising is required to be approved by application to the Mayor and Council.
6. 
Application Procedures.
(a) 
Unless specifically stated herein, the following application procedures shall apply to all signs and awnings in the Borough, and unless stated otherwise all signs and awnings shall require a sign permit application.
(1) 
The Zoning Officer shall be the person in the Borough to whom all permit applications are made.
(2) 
Prior to the erection of any sign or awning a permit must be approved by the Zoning Officer who shall certify that the proposed sign or awning complies with the requirements of this subsection.
(3) 
The zoning permit application fee of seventy ($70) dollars shall cover the cost of the sign(s) and/or awnings on the zoning permit application. The zoning permit application shall include a sketch which shall indicate the size, location and elevation of the sign or awning along with an original detailed drawing of the sign or awning and if applicable the dimensions of the building.
(4) 
The Zoning Officer shall render his decision on all applications within twenty (20) days and shall keep on file all permits and applications for signs approved by the Zoning Officer as a permanent record.
(5) 
The Mayor and Council of the Borough of Lake Como shall review all applications for blow up advertising.
7. 
Exempt Signs.
(a) 
The following signs and awnings shall be exempt from the provisions of this subsection which require a permit but all other provisions regarding size, location and type shall apply where appropriate.
(b) 
Governmental Signs. All signs and awnings which are erected by the Borough of Lake Como or any of its Departmental Committees or Agencies of the State of New Jersey or County of Monmouth.
(c) 
Political Signs. All signs which are political in message provided that said signs are erected not more than 45 days prior to an election and removed no later than 10 days after an election and providing further that the aggregate total of all signs per property shall not exceed forty (40) square feet.
(d) 
Religious, Civic Signs. Church, civic, or nonprofit temporary signs not to exceed four (4') feet by eight (8') feet provided that special permission is granted by resolution of the Mayor and Council.
(e) 
Temporary Special Signs. Any temporary sign or banner may be erected for a period not to exceed 30 days by permission granted by resolution of the Mayor and Council.
(f) 
Grand Opening. Any sign or banner which is used to designate a grand opening of a business provided, however, that said sign shall be limited to forty (40) square feet per property and shall be removed within 30 days after commencement.
(g) 
Residential Signs. One (1) non-illuminated temporary sign which must be properly maintained which advertises the sale or rental of the lot or building on which the sign is located that said sign is not greater than nine (9) square feet in total area.
(h) 
Commercial Window. Window signs and lettering shall be permitted in nonresidential zones subject to the following restrictions.
(1) 
Business. Window lettering and signs shall pertain only to the business occupying that portion of the premises where the window is located.
(2) 
Permanent Lettering and Signs. Permanent lettering and signs shall be permitted provided the space containing the lettering and signs or the background for same does not exceed twenty (20%) percent of the window area. Any painted area of the window shall be construed as window lettering or signs.
(3) 
Temporary Window Lettering or Signs. Temporary window lettering or signs are permitted provided that they do not cover more than 30% of the window area and together with any permanent window signs do not cover more than 50% of the window area. Temporary window signs or lettering shall not exceed a period of 30 consecutive days and temporary lettering shall not exceed an aggregate of one hundred eighty (180) days in each calendar year.
8. 
Permitted Signs and Awnings. The following signs shall be permitted in the Commercial and General Business Zones subject to the provisions of this subsection and the following additional restrictions:
(a) 
Wall Mounted Signs and Projection Signs. Wall mounted signs and projection signs shall be permitted subject to the following:
(1) 
There shall be no more than two signs permitted per business establishment or if more than one business occupies a structure no more than one facade and two identification signs per storefront shall be permitted.
(2) 
The size of a wall mounted sign shall not exceed 10% of the facade area of the lowest floor of that portion of the building occupied by the applicant's business or forty (40) square feet, whichever is less. The size of a projection sign shall not exceed twelve (12) square feet and the lowest portion of the sign shall not hang lower than eight and one-half (8 1/2) feet above the sidewalk level and the sign shall not project more than five (5) feet from the surface plane of the largest face of the wall of the building to which it is attached. Projection signs shall be hung from one or more black metal chains or by a decorative wrought iron style bracket.
(3) 
An illuminated wall mounted directory of occupants sign not exceeding six (6) square feet may be placed in a multi-tenant building with a common entrance. Changes in the individual names of the occupants shall not be considered a new sign requiring a new permit. (See subsection 17-10.10a7(h).)
(b) 
Permanent Window Graphics. Permanent window graphics shall be permitted provided that they comply with the provisions of General Business or Commercial District.
9. 
Awnings. Awnings shall be permitted in all zones subject to the following restrictions:
Awnings may be erected at street level provided that they shall not extend more than five (5) feet from the surface plane of the largest facade wall of the building to which it is to be attached and shall be erected and maintained so that the lowest portion thereof shall be at least seven feet, six (7'6") inches above the sidewalk. Awnings may contain graphics including the name of the establishment covering not more than 10% of the surface area of the awning and may be illuminated from the rear. Awning graphics shall be limited to logos or symbols pertaining to the identification and shall not be used as advertising.
10. 
Prohibited Signs. The following types of signs are specifically prohibited in all zones:
(a) 
Outdoor advertising signs and billboards of any type including free-standing and/or sandwich board type signs.
(b) 
Any permanent signs which do not pertain to an occupant, service or product actually occupying or provided on the premises where such sign is located.
(c) 
Roof signs extending above the wall to which they are attached.
(d) 
Signs posted on fences, posts, utility poles, trees, street signs or traffic signs.
(e) 
Signs painted on municipal property or rights-of-way without the consent of the Mayor and Council.
(f) 
Signs painted directly on buildings, sidewalks or curbs.
(g) 
Signs on accessory buildings which are specifically defined by this chapter.
(h) 
Signs which flash, make noise, imitate official traffic signs or signals or which otherwise contribute a hazard to the traveling public.
(i) 
Banners, streamers or advertising flags, except as set forth under subsections 17-10.10a7(e) and 17-10.10a7(f).
(j) 
All signs not authorized by this subsection are prohibited.
b. 
Permitted Signs. The following signs are permitted for uses as specified in Section 17-9.
1. 
Residential Districts.
(a) 
Home Occupations. One (1) unlighted or interior lighted name plate sign identifying the home occupation, not exceeding two square feet, either free-standing or attached flat against the building. If free-standing, the sign shall not exceed three feet in height and shall be set back five (5) feet from the street right-of-way.
(b) 
One (1) sign advertising a permitted boarding or rooming house, garden apartment or apartment house on the same lot therewith, provided that such sign shall not exceed six (6) square feet in area and that no one side shall exceed three feet in length. Such sign may be illuminated by white light only and the total illumination for any side shall not exceed the equivalent of that given by a one hundred fifty (150) watt incandescent bulb or a forty (40) watt fluorescent.
(c) 
Churches and Schools. One (1) free-standing sign not exceeding twenty (20) square feet in area and 10 feet in height and set back at least eight (8) feet from all street rights-of-way and lot lines, or one attached sign not exceeding twenty (20) square feet in area.
2. 
Commercial Districts.
(a) 
Attached Signs. One (1) unlighted or lighted attached wall fascia sign per building lot shall be allowed on principal building facade with street frontage. The total area of the sign shall not exceed 10% of the façade area of the lowest floor of that portion of the building occupied by the business or forty (40) square feet, whichever is less. Where the building(s) is (are) designed for rear or side entrances, one attached facade sign per business may be attached flat against the building at the rear and/or side entrances, each sign not to exceed an area equivalent to that of the sign on the front of the building.
(b) 
Free-Standing Signs. One (1) unlighted or lighted free-standing sign for each principal building.
(1) 
Height: Twenty-five (25) feet.
(2) 
Setback: At least 10 feet from any street or property line.
(3) 
Area: The free-standing sign may have one square foot of area for every two linear feet of unbroken frontage up to fifty (50) square feet.
(c) 
One (1) lighted or unlighted roof sign shall be allowed per building lot. Signs shall be no larger than five (5) feet by five (5) feet.