Lawnside City Zoning Code
ARTICLE XIV
Signs
§ 96-150 Short Title.
This Article shall be known as the "Sign Regulations of the Borough of Lawnside, Camden County, New Jersey."
§ 96-151 Purpose, Intent and Scope.
It is the purpose of this Article to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this Article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the borough as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the borough is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the borough and promoting its continued well-being, and are intended to:
A.
Encourage the effective use of signs as a means of communication in the borough;
B.
Maintain and enhance the aesthetic environment and the borough's ability to attract sources of economic development and growth;
C.
Improve pedestrian and traffic safety;
D.
Minimize the possible adverse affect of signs on nearby public and private property;
E.
Foster the integration of signage with architectural and landscape designs;
F.
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
G.
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
H.
Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
I.
Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;
J.
Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;
K.
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
L.
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
M.
Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
N.
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
O.
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the borough;
P.
Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
Q.
Protect property values by precluding to the maximum extent possible sign-types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
R.
Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;
S.
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the borough and that complements the natural surroundings in recognition of the borough's reliance on its natural surroundings and historic heritage and beautification efforts in retaining economic advantage for the community;
T.
Preserve and enhance the rural and historic character of the borough; and
U.
Enable the fair and consistent enforcement of these sign regulations.
§ 96-152 Definitions.
All words used in this Article shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning:
A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (i) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed, or (2) a sign which is blank.
Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.
A sign in a district with a permitted agricultural use and whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock raised on the premises.
A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
A two or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
See Canopy Sign.
See Snipe Sign.
Any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.
A sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.
The length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "storefront," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of a building or that portion of a side of a building occupied by a single office, business or enterprise.
Any sign that is a part of or attached to an awning or canopy, i.e., a fabric, plastic, or structural protective cover constructed over a door, entrance, window, or outdoor service area that is constructed as an integral part of a building.
Any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
A temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
The linguistic or graphic content of a sign.
A single sign with items of information on both sides of the sign and mounted as a single structure.
A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the borough shall vote.
To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.
The side of a building, either front or side; and a building facade may be less than the entire side of a building if limited to the occupancy of a portion of a building.
Any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also Ornamental Flag.)
A pole on which to raise a flag.
A sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign and changes more frequently than once per minute.
A sign, not in excess of four square feet in size (area) per side and the top of the sign is not more than four feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.
A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure. Unless otherwise limited or restricted, a freestanding sign may be either a freestanding monument sign or a freestanding pole sign.
The length of the property line of a parcel of land, which runs parallel with and along a road right-of-way or street, exclusive of alleyways.
A sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.
Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the borough. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, backyard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.
An on-premises temporary sign that functions to announce the opening of a new business.
The vertical distance measure from ground level nearest the base of the sign to the highest point on the sign.
Decorations that pertain to legal or other recognized holidays or to a season of the year.
Any sign which was unlawfully erected or which has been determined to be in violation of any provision of this Article.
Any sign or portion thereof, which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
A sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either (a) identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located, or (b) provides an official notice of services required by law or trade affiliation.
A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.
Replacing, repairing or repainting of a portion of a sign structure, or periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Any sign attached to a marquee.
A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
Any message which is not a commercial message.
An on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message (e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like).
A sign that was lawfully erected but no longer conforms to the regulations provided in this Article XIV.
Any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.
Any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which the sign is located.
Any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
A false front or wall extension above the roofline of a building.
Any series of small flag-like or streamer-like pieces of cloth, plastic, paper similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.
Any sign which, when installed, is intended for permanent use. For the purposes of this Article any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.
Any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this Article, a cold air inflatable sign shall be considered a portable sign.
Any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.
A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
Any sign that revolves or rotates.
Any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building. For purposes of this definition, "roofline" shall mean the highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of a roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.
See Warning Sign.
A temporary portable double-faced, freestanding sign.
A triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. In the absence of any other applicable standard: (a) for street intersections, this triangle is measured 30 feet in length from the intersection along the abutting right-of-way lines to form a triangle, although these distances may vary based on the type of intersecting road; and (b) for driveway intersections, this triangle is measured 10 feet from the intersection along the right-of-way line and along the driveway line to form a triangle.
Any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of or identify the purpose of any person or entity, or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of this Article: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.
The total square foot area of a sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto. The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.
The part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation, which attracts or intends to attract the attention of the public for any purpose.
Any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.
Any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located. This shall not include warning signs such as no trespassing signs or no hunting signs.
A content-neutral sign providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.
A sign required by any statute or regulation of the State of New Jersey or the United States.
Any sign denoting the street address of the premises on which it is attached or located.
As it pertains to a nonconforming sign, that (a) 50% or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support, or (b) that more than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.
A sign intended for a use not permanent in nature. For the purposes of this section, a sign with an intended use of one year or less shall be deemed a temporary sign.
Any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).
Any sign or signs where the total sign area covers more than 10 square feet of the vehicle.
A sign, which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, that does not extend above the height of the vertical wall or eaves, which is used for advertising. Further, a wall sign means a sign that does not project more than 15 inches from a building wall to which it is attached, and when extending more than three inches from the face of the wall, the bottom edge of such sign shall not be less than 10 feet from the ground and shall not have a vertical dimension in excess of five feet.
A sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
A sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term wind sign shall not include flags.
Any sign mounted in any fashion on the interior or exterior of the surface of a window.
§ 96-153 Prohibited signs.
The following signs and sign-types are prohibited within the borough and shall not be erected. Any lawfully existing permanent sign or sign-type which is among the prohibited signs and sign-types listed below shall be deemed a nonconforming sign subject to the provisions of this chapter.
A.
Billboards.
B.
Revolving signs.
C.
Flashing signs.
D.
Animated signs.
E.
Wind signs.
F.
Portable signs.
G.
Roof signs.
H.
Abandoned and discontinued signs.
I.
Snipe signs; bandit signs.
J.
Projecting signs.
K.
Bus bench advertising signs; bus shelter advertising signs.
L.
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.
M.
Signs that have unshielded illuminating devices.
N.
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
O.
Wall signs that exceed 200 square feet in sign area.
P.
Freestanding signs that are higher than 25 feet.
Q.
Signs within a sight triangle that obstruct a clear view of pedestrian or vehicular traffic.
R.
Signs in the public right-of-way, other than traffic control device signs, warning signs or safety signs.
S.
Signs other than a traffic control device sign that use the word "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate an official traffic control device sign, and which are adjacent to the right-of-way of any road, street, or highway.
T.
Signs prohibited by state or federal law.
U.
Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not "regularly used in the conduct of the business or activity" advertised on the vehicle, and (a) is visible from a street right-of-way within 100 feet of the vehicle, and (b) is parked for more than two consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily (i) for advertising, or (ii) for the purpose of advertising, or (iii) for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.
V.
Signs located on real property without the permission of the property owner.
W.
Beacons, except as required by federal or state law.
X.
Impenitent signs.
Y.
Sandwich board signs.
Z.
Signs located, painted or affixed on a water tower, storage tower, or cell tower that are visible from a public street or roadway.
AA.
Signs within 100 feet of an historic building, site or monument, other than historic markers.
BB.
Neon signs, except as may be expressly allowed herein as an interior mounted sign in a window or door opening in a nonresidential zone.
§ 96-154 Nonconforming signs.
A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either (a) be removed or (b) be brought into conformity with this section and with any other applicable law or regulation.
§ 96-155 Exemptions.
This Article does not pertain to the following:
A.
A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.
B.
A sign on a car, other than a prohibited vehicle sign or signs.
C.
A statutory sign.
D.
A traffic control device sign.
E.
Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.
§ 96-156 Permits.
A.
Building permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the borough as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.
B.
Sign permits.
(1)
Allowed temporary signs, except for special event signs, of the type described in this Article shall be exempt from sign permitting hereunder. Temporary special event signs shall require a permit.
(2)
Allowed permanent signs of the type described in this Article shall be exempt from sign permitting hereunder.
(3)
No sign permit shall be issued for the erection of a prohibited sign.
(4)
Unless exempt from permitting as provided in this chapter, below, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee, if any, is paid to the borough.
(5)
A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this Article and this Code.
C.
Sign permit application and issuance of sign permit.
(1)
A sign permit application shall be made upon a form provided by the borough. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this Article or this Code. The applicant shall furnish the following information on or with the sign permit application form:
(a)
The legal description of the real property where the sign is proposed to be located.
(b)
The zoning district for the real property on which the sign will be located.
(c)
The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.
(d)
A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.
(e)
The name, mailing address and telephone number of the sign contractor.
(f)
Type of proposed sign (e.g., wall sign or freestanding sign).
(g)
The square footage of the surface area of the proposed sign.
(h)
The cost of the proposed sign.
(i)
If the proposed sign is a freestanding sign:
[1]
The height of the proposed freestanding sign.
[2]
The size (sign area) of the freestanding sign, and the dimensions utilized to calculate the size.
[3]
The distance of the closest freestanding sign to the proposed freestanding sign.
[4]
Whether there is an existing freestanding sign on the same lot where the proposed freestanding sign will be located.
[5]
The front and side yard setbacks for the proposed sign.
(j)
If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.
(k)
The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.
(l)
Whether the proposed sign will be an illuminated or nonilluminated sign.
(2)
An applicant shall deliver a sign permit application for a permanent sign to the borough's Zoning Officer or his or her designee, or such other person as designated by the borough. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this Article and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed denied and the applicant may appeal to the Board of Adjustment pursuant to the MLUL.
D.
Fees.
(1)
Sign permit application fees. Every person making an initial application for a sign permit application shall pay a sign permit application fee to the borough at the time of the application. The fee schedule shall be as follows:
(2)
Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.
E.
Conditions.
(1)
Duration of permit. If the work authorized under a sign permit has not been completed within 180 days after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.
§ 96-157 Sign illumination.
Freestanding and wall signs may be illuminated unless stated otherwise in the specific zoning district regulations, provided the illumination is designed and installed in such a manner that light from the sign meets all requirements of this Code and the New Jersey Uniform Construction Code. The following standards shall apply:
A.
Illumination of signs shall be by either indirect lighting or diffused-lighting, and shall not cause light spillage onto adjacent properties.
B.
Lights used for the illumination of freestanding or wall signs shall be shielded so as not to project light above the freestanding sign or the highest elevation of the front wall of the building on which the wall sign is displayed or more than 18 feet above the ground level, whichever is less.
C.
Free-form exposed neon lights for signs are prohibited.
D.
The light intensity for the illumination of a sign visible from the public right-of-way shall not exceed fifty-foot candles per square foot on a standard Weston photo light source, illuminated surface or display window.
E.
Illumination shall be of a continuous (nonintermittent) nature and of a uniform color value.
F.
Illumination of signs, where permitted, which face property with a residential use shall not be illuminated from 11:00 p.m. until the following dusk, except that an establishment may keep the sign illuminated until the business is closed to the public but not thereafter.
G.
Illumination of signs shall also comply with any stricter provisions that may be established by this Code.
Illuminated signs, in addition to conforming to all other requirements of this Chapter 96 shall be shielded in such a manner so that no direct source of light is cast into residential properties or into a public street or right-of-way. Illuminated signs shall not interfere with pedestrian or motorist vision. The illumination shall not be reflective or phosphorescent and shall perform in a steady nonfluctuating or nonundulating manner and shall be placed in a manner that will not create a nuisance to other premises or interfere with vehicular movements. |
§ 96-158 Substitution of noncommercial speech for commercial speech.
Notwithstanding anything contained in this Chapter 96 or this Code to the contrary, any sign erected pursuant to the provisions of this Chapter 96 or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback and other dimensional criteria contained in this Chapter 96 and this Code have been satisfied.
§ 96-159 Content neutrality as to sign message (viewpoint).
Notwithstanding anything in this Chapter 96 or this Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure unless same is contrary to the statutes established by the State of New Jersey.
§ 96-160 Appeals to the Board of Adjustment.
Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this Chapter 96 pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment in accordance with the MLUL. The appellate decisions of the Board of Adjustment pursuant shall be deemed final, subject to judicial review as provided by law.
§ 96-161 Administration and enforcing official.
The Zoning Enforcement Official shall be the enforcing official of this Chapter 96, and enforcement shall be governed by this Code, except that imprisonment shall not be a penalty for a violation of this Chapter 96. In addition, the following enforcement provisions shall apply:
A.
When a temporary sign is erected or maintained in violation of this Chapter 96, the Zoning Enforcement Official may remove the same at any time without notice.
B.
When a temporary sign is erected or posted on public property in violation of this Chapter 96 the same shall be considered litter and may be removed at any time by any person.
C.
When a permanent sign is erected or maintained in violation of this Chapter 96 or this Code, the Zoning Enforcement Official shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign shall be brought into conformity with this Chapter 96 and this Code within 30 days. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Enforcement Official may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.
§ 96-162 Setback measurement.
Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.
§ 96-163 Double-faced signs.
Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back with a maximum distance of 18 inches between the two sign faces and directionally oriented 180° from each other. The maximum sign area allowed shall be permitted for each sign face.
§ 96-164 Temporary special event signs.
Temporary special event signs as approved by the Zoning Enforcement Official as meeting the following content-neutral criteria: (a) the signs are temporary signs for a limited time and frequency, (b) the signs are for a special event as defined herein (see special event sign), (c) the temporary signs will not exceed four square feet in size (area) and three feet in height, (d) the temporary signs will not conceal or obstruct adjacent land uses or signs, (e) the temporary signs will not conflict with the principal permitted use of the site or adjoining sites, (f) the temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians, (g) the temporary signs will be installed and maintained in a safe manner and (h) the display of temporary signs for a special event shall not begin any earlier than one week before the event and shall be removed within two business days after the event. Consistent with Section 96-10, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Enforcement Official shall render a decision within 10 days after an application is made for such temporary signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the Board of Adjustment.
§ 96-165 All zones and districts.
The regulations in this Chapter 96 apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for signs and sign-types described and identified in this Section 96-165.
A.
Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.
B.
Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For a residence the nameplate or occupant identification sign shall be nonilluminated and shall not exceed one square foot in sign area. For a nonresidential use, such as a home occupation or professional office, the nameplate or occupant identification sign shall not exceed two square feet in sign area.
C.
Noncommercial on-site directional signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.
D.
Noncommercial on-site parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign face per sign, shall be allowed on each parcel in noncommercial use having multiple parking spaces onsite. One such sign shall be allowed for each parking space.
E.
Free expression signs. For each parcel, one free expression sign not exceeding three square feet in size (sign area) may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zoning district. Only one such sign shall be permitted on each parcel.
F.
Election signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed three square feet in size (sign area) if located on a lot in residential use and shall not exceed 24 square feet in size (sign area) if located on a lot in nonresidential use. If the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. An election sign shall be removed within five calendar days following the election to which it pertains.
G.
Flagpoles. One flagpole is allowed for each parcel. A flagpole shall not exceed 35 feet in height and shall be set back a minimum of 35 feet from the right-of-way, and shall be subject to setbacks in the applicable zones in which it is located.
H.
Flags. For each flagpole, two flags not greater than 24 square feet in size (sign area) each may be displayed.
I.
Warning signs and safety signs. Warning signs and safety signs, not exceeding three square feet in size (sign area), shall be allowed in all districts.
J.
Temporary construction signs. One temporary construction sign shall be allowed on each parcel, subject to the following limitations:
(1)
Number. For each parcel, one temporary construction sign shall be allowed.
(2)
Size and height. For a parcel in residential use, the temporary construction sign shall not exceed three square feet in size (sign area) and three feet in height; and for a parcel in nonresidential use, the temporary construction sign shall not exceed 24 square feet in size (sign area) and six feet in height.
(3)
Setback. Temporary construction signs shall be set back from any lot line by at least 10 feet.
(4)
Duration. Temporary construction signs shall be removed within five days following the issuance of the certificate of occupancy or the expiration date of any applicable building permit, whichever shall first occur.
K.
Temporary real estate signs.
(1)
Number. For each parcel, one temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.
(2)
Size and height. For a parcel in residential use, the temporary real estate sign shall not exceed three square feet in size (sign area) and three feet in height; and for a parcel in nonresidential use, the temporary real estate sign shall not exceed 24 square feet in size (sign area) and six feet in height.
(3)
Setback. Temporary real estate signs shall be set back from any lot line by at least 10 feet.
(4)
Duration. Temporary real estate signs shall be removed within five days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.
L.
Temporary grand opening signs.
(1)
Number. One temporary grand opening sign may be displayed for the grand opening of a business.
(2)
Size and height. The temporary grand opening sign shall not exceed 24 square feet in size (sign area) and six feet in height.
(3)
Setback. The temporary grand opening sign shall be set back from any lot line by at least 10 feet.
(4)
Duration. A temporary grand opening sign shall not be displayed for a period longer than 10 days.
M.
Temporary garage-yard sale signs. For each parcel with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:
(1)
Number. One temporary garage-yard sale sign may be displayed.
(2)
Size and height. The temporary garage-yard sale sign shall not exceed three square feet in size (sign area) and three feet in height.
(3)
Setback. The temporary garage-yard sale sign shall be set back from any lot line by at least 10 feet.
(4)
Duration. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.
N.
Temporary window signs. For each parcel, one or more temporary window signs may be displayed. On parcels that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On parcels that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.
O.
Temporary future development signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations:
(1)
Number. No more than one such sign shall be allowed upon any property held in single and separate ownership.
(2)
Size and height. A temporary future development sign shall not exceed 24 square feet in sign area. A temporary future development sign shall not exceed six feet in height.
(3)
Setback. The temporary future development sign shall be set back from any lot line by at least 10 feet.
(4)
Duration. Temporary future development signs shall be removed within five days after the last dwelling has been sold.
§ 96-166 Residential zones.
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to this chapter, the following permanent and temporary signs are also allowed within the residential zones and residential districts designated in the Borough of Lawnside Land Use Code, as amended from time to time. The permanent signs described below require a sign permit.
A.
Freestanding signs and mounted wall signs for multi-family residential uses. For each parcel with a permitted multi-family residential use, there may be one permanent freestanding identification sign per development for each public street frontage and one wall identification sign for each building. A permanent freestanding identification sign shall not exceed 24 square feet in size (sign area) and shall not exceed six feet in height. A permanent wall identification sign shall not exceed eight feet in size (sign area).
B.
Freestanding signs and mounted wall signs for institutional, quasi-public and public uses. For each parcel with a permitted institutional, quasi-public or public use, there may be one permanent freestanding identification sign that does not exceed 20 square feet in size (sign area) and six feet in height.
§ 96-167 B-A Business District, B-B Business District and Industrial Districts and in the P.O.P. (Planned Office Park) and P.B.P. (Planned Business Park) District.
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to this chapter, the following permanent signs are also allowed within the B-A Business District, B-B Business District, and P.O.P. and P.B.P. Districts designated in the Borough of Lawnside Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.
Permanent wall signs.
(1)
Number. For each tenancy, one permanent wall sign is allowed. Subject to the aggregate size limitation described below, a separate sign may be erected for each tenant space for buildings having multiple businesses.
(2)
Height. A permanent wall sign shall not be higher than 25 feet from the ground, and shall not be erected higher than the roofline of the building.
(3)
Size (sign area). The maximum size (sign area) for any single wall sign shall be 30 square feet.
(4)
Aggregate size (sign area). The aggregate size (sign area) allowed for all signs on a front building wall shall not exceed (a) 1.5 square feet in area for each one-foot width of the front building wall or (b) 10% of the total front wall area, whichever is less.
B.
Incidental signs. Up to four incidental signs are permitted to be attached (i) to a freestanding sign structure or (ii) to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.
§ 96-168 P.O.P. (Planned Office Park) and P.B.P. (Planned Business Park) District and B-A and B-B Business Districts and Industrial Districts.
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to this chapter, the following permanent signs are also allowed within the P.O.P. and P.B.P. and B-A and B-B Districts as designated in the Borough of Lawnside Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.
Permanent freestanding signs. Permanent freestanding signs; are allowed as follows:
(1)
Number. One permanent freestanding sign is allowed per street frontage.
(2)
Height; Width. The height of a permanent freestanding sign shall not exceed five feet. The width of a permanent freestanding sign shall not exceed 10 feet.
(3)
Size. The maximum size (sign area) of a permanent freestanding sign shall not exceed 40 square feet.
(4)
Setbacks. Freestanding signs shall be set back a minimum distance of 25 feet from any street line and 15 feet from any side lot line.
B.
Permanent wall signs.
(1)
Number. For each tenancy, one permanent front-facing wall sign is allowed. For a business facing two or more streets, one additional wall sign is permitted for a side wall or rear wall provided that the additional wall sign does not face a residential zone.
(2)
Height. A permanent wall sign shall not be higher than 25 feet from the ground, and shall not be erected higher than the roofline of the building.
(3)
Aggregate size (sign area). The aggregate size (sign area) for all signs on a front building wall shall not exceed 40 square feet. The same size (sign area) limit applies to an additional wall sign if permitted on a side or rear wall.
C.
Incidental signs. Up to four incidental signs are permitted to be attached (i) to a freestanding sign structure or (ii) to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.
§ 96-169 Transition rules.
Any permit issued prior to the effective date of the adoption of the sign regulations that comprise this Article shall remain valid but only until the earlier of the following dates: (a) the date that said permit expires by its own terms or expired under the operation of the former ordinance or (b) 90 days after the effective date of the adoption of this Article.
§ 96-170 Severability.
A.
Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared or held to be unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Article. Such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
B.
Severability of provisions pertaining to billboards and other prohibited signs and sign-types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this Article, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article or any other law is declared or held to be unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence including specifically the prohibition on billboards and those signs and sign-types prohibited and not allowed under this chapter.