Lincoln Park City Zoning Code
ARTICLE XXI
Signs
§ 28-21.1 Purpose.
The attractiveness of the Borough of Lincoln Park contributes to the general welfare and economic well-being of its citizens, property owners, and business people. Reasonable control of signs promotes a desirable visual environment and enhances public safety. The purpose of the regulations and standards that follow are to encourage the effective use of signs as a means of communication; to maintain and enhance the aesthetic environment of the Borough; to improve traffic safety; to minimize the possible adverse effect of signs on property values; and to enable fair and consistent enforcement of these sign regulations. This article is adopted under the zoning authority of the Borough in furtherance of the more general purposes set forth in § 28-1.1 of this chapter.
§ 28-21.2 Definitions.
For the purposes of this article, the terms and words set forth below shall be defined as follows:
ADVERTISE
Giving, attempting to give, or intending to give notice, information or warning to any person by any means.
ATTRACTION BOARD
A sign used to display or list current or future attractions or events to be held on the premises where such sign is located.
AWNING
A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be raised or retraced to a position against the building.
BANNER/PENNANT
A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or any flexible fabric of any kind.
BEACON
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, that this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.
BILLBOARD or OUTDOOR ADVERTISING SIGN
A sign which directs attention to a business, industry, profession, commodity, service or entertainment not sold or offered upon the premises where the sign is located.
BULLETIN BOARD
Any sign erected by a public or nonprofit organization.
CANOPY/MARQUEE
A structure, other than an awning, made of cloth, metal or other material with frames affixed to a building and/or supported on the ground.
DISPLAY SURFACE AREA
The entire rectangular geometric area within a single continuous perimeter enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material or color forming an integral part of the display or which differentiates the sign from the background on which it is placed. Structural supports bearing no sign copy shall not be included in the display surface area. The display surface area of a two-faced sign shall be considered to be the area of the largest single face, provided that both faces are directly parallel to each other.
ENFORCEMENT OFFICIAL
Zoning Officer or designee.[1]
ERECT
To build, construct, attach, fabricate, hang, place, suspend or affix any object, including but not limited to the painting or lettering of any sign, insignia, or letters painted or otherwise affixed to the exterior surface of any structure.
FLAG
Any fabric, banner or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision, organization, club, company or other entity.
MUNICIPAL REVIEW AGENCY
Governing body, Planning Board, Zoning Board of Adjustment or designee.
PREMISES
Property and buildings contained thereon.
SHOPPING CENTER
Any single or multi-tenanted commercial building located in the B-2 Zone.
SIGN
Includes every object, device, frame, figure, character, mark, point, fixture, graphic design, picture, stroke, stripe, trademark, model, emblem, placard, symbol, display, light, logo or reading matter which is used or intended to be used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, colors, illumination, or projected images, when the same is placed in the view of the general public.
SIGN, A-FRAME OR SANDWICH
An A-shaped temporary and easily movable ground sign, usually two-sided, used for advertising commodities, services or entertainment usually conducted upon the premises where the sign is located.
SIGN, BUSINESS
A sign which directs attention to a business, profession, activity, commodity, service or entertainment conducted, sold, or offered upon the premises where such sign is located or within the building in or on which such sign is affixed.
SIGN, CONSTRUCTION
A sign identifying the person, firm or corporation involved in the design, construction, demolition, financing or development of a project and placed upon the premises where and during the time the project is under construction.
SIGN, DIRECTIONAL
A sign which provides direction or instruction to guide persons to facilities intended to serve the public, including, by way of example and not limited to, signs identifying rest rooms, public telephones, public walkways, parking areas and other similar facilities. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered directional.
SIGN, DIRECTORY
A sign which indicates the name and/or address of the occupant of the premises, the name and/or address of the premises, and/or identification of any permitted use, business or occupation which may exist on the premises.
SIGN, FLASHING
An illuminated sign in or on which the artificial source of illumination is not maintained stationary and/or constant in intensity and/or color at all times, when such sign is illuminated. For purposes of this article, any moving, illuminated sign shall be deemed a flashing sign.
SIGN, FREESTANDING; SIGN, POLE
Any sign, other than a ground sign, supported by structures or supports or upon the ground and not attached or dependent for support from any building.
SIGN, GROUND
A sign supported by structures or supports or upon the ground and not attached or dependent for support from any building, the highest point of such sign or any attached structure being no more than seven feet high measured from the ground.
SIGN, ILLUMINATED
A sign in or on which an artificial source of illumination is utilized.
SIGN, MOVING OR ANIMATED
A sign which revolves, rotates, swings, undulates or otherwise contains any moving part or device which gives the visual impression of movement, including electronically controlled copy or lighting changes, excluding flags, pennants or banners.
SIGN, NEON
Self-illuminating electric signs usually constructed of glass tubing containing a vapor or gas configured to form a display or lettering.
SIGN, OFF-PREMISES
A sign which directs attention to a person, business, profession, activity, commodity, service or entertainment conducted on premises other than the premises where such sign is located.
SIGN, PERMANENT
Any sign other than a temporary sign.
SIGN, POLITICAL
A sign identifying or calling attention to any political candidate, issue, party or viewpoint.
SIGN, PORTABLE
A sign not permanently affixed to the ground or other structure, or a sign designed to be transported, including but not limited to signs designed to be transported on a vehicle or trailer.
SIGN, PROJECTING; SIGN, ATTACHED
A sign affixed parallel to the exterior surface of any building or structure.
SIGN, REAL ESTATE (FOR SALE/FOR LEASE/FOR RENT)
A temporary sign which is used to offer for sale, lease or rent all or any portion of the premises upon which such sign is placed.
SIGN, REAL ESTATE (OPEN HOUSE)
A temporary sign which is used to advertise a public viewing of premises offered for sale, lease or rent upon the premises where such sign is placed.
SIGN, REAL ESTATE (SOLD)
A temporary sign which is used to indicate that all or a portion of the premises offered for sale, lease or rent, upon which the sign is placed, has been sold, leased or rented.
SIGN, RELOCATION
A temporary sign which is used to indicate that a business has relocated to another premises.
SIGN, ROOF
A sign erected or maintained, in whole or in part, upon, against or directly above the roof or parapet line of a building.
SIGN, TEMPORARY
A sign erected, affixed or maintained, intended or designed to be erected, affixed or maintained on premises for a short, usually fixed, period of time, including but not limited to signs relating to a particular season, holiday, campaign, sale or promotion of limited duration.
SIGN, WALL
A sign affixed to the vertical face of any structure.
SIGN, WARNING
A sign giving notice to the public of the existence of danger or the need for increased caution or circumspection.
SIGN, WINDOW
A temporary sign attached to, placed upon, located in, or painted upon a window or door of a building which is intended for viewing from the exterior of such building.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 28-21.3 Brightness; glare.
All signs shall be so designated, located, shielded and directed as to prevent the casting of glare or direct light from artificial illumination upon adjacent public roadways or adjacent property.
§ 28-21.4 General specifications.
All signs permitted by this article shall be erected in accordance with the following provisions:
A.
No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exits, windows, doors, wall openings or other area intended as a means of ingress and egress.
B.
No sign shall be erected, constructed or maintained so as to obstruct or interfere with any building opening required or intended for ventilation.
C.
All signs shall be located in such a way that it maintains adequate horizontal and vertical clearance from all utility lines.
D.
No sign shall be erected, constructed or maintained in any public right-of-way, with the exception of warning, directional or traffic signs.
E.
No sign shall be erected, constructed or maintained so as to obstruct or interfere with any existing warning, directional or traffic signs.
F.
No sign shall be erected, constructed or maintained on property or rights-of-way owned or controlled by the Borough of Lincoln Park without the permission of the governing body of the Borough.
G.
Unless a more restrictive standard or requirement is set forth herein, all signs must comply with the standards and requirements of the applicable building code and the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 28-21.5 Prohibited signs.
The following signs are hereby expressly prohibited for erection, construction, repair, alteration or relocation within the Borough of Lincoln Park, except as otherwise permitted in this article:
A.
A-frame or sandwich board signs, and sidewalk or curb signs, except as a temporary sign, as provided for in § 28-21.7B and D of this article.
B.
Banners, pennants, streamers, pinwheels, balloons and other gas filled devices, except as a temporary sign, as provided for in § 28-21.7B and D of this article.
C.
Billboards and off-premises signs, except as a temporary sign, as provided in § 28-21.7D of this article.
D.
Moving or animated signs and/or flashing, flickering, tracer or sequential lighting, signs or beacons.
E.
Portable signs, except as a temporary sign, as provided for in § 28-21.7B and D of this article.
F.
Attached or projecting signs which project more than 12 inches beyond the exterior surface to which they are affixed.
G.
Roof signs.
H.
Signs placed on or affixed to motor vehicles and/or trailers parked on a public right-of-way, public property or private nonresidential property visible from a public right-of-way or public property, whose purpose is to advertise a product, business, profession, activity, commodity, service or entertainment conducted, sold or offered upon the same, adjacent or nearby property. This is not intended to prohibit the casual sale from private residential property of no more than one vehicle, boat or trailer and signs incident thereto.
I.
Signs which are attached or otherwise affixed to trees or other living vegetative matter or telephone poles.
J.
Signs painted on an exterior wall, fascia parapet or chimney of a building or on a fence.
K.
Signs which imitate, interfere with or obstruct the view of any authorized traffic control signal, sign or other device.
L.
Any advertisement which uses a series of two or more signs placed in a line parallel to the road or in a similar fashion, all carrying a single advertisement message, part of which is contained on each sign.
M.
Signs using any material which sparkles or glitters.
§ 28-21.6 Exempt signs.
The following signs are hereby exempt:
A.
Awning, canopy and marquee signs. Signs not exceeding an aggregate display surface area of four square feet.
B.
Directional or instructional signs. Display signs not exceeding four feet in display surface area and containing no advertising of a commercial nature.
C.
Flags. Flags or emblems.
D.
Governmental signs.
E.
Holiday decorations. Signs or other decorative materials temporarily displayed on traditionally accepted civic, patriotic or religious holidays and containing no advertising of a commercial nature.
F.
Interior signs. Signs which are fully located within the interior of any building.
G.
Name and address plates. A single nonilluminated sign not exceeding one square foot.
H.
No trespassing, no dumping, no parking, towing and other similar signs not exceeding two square feet in display surface area.
I.
Plaques. Plaques, nameplates or memorial signs, directly attached or affixed to the exterior wall of a building, not exceeding four square feet in aggregate gross surface area, and containing no advertising of a commercial nature.
J.
Political signs. Political signs not exceeding the maximum aggregate gross surface area of any sign permitted in the zone where placed.
K.
Public signs and notices.
L.
Signs on vehicles. Signs placed on or affixed to vehicles and/or trailers incidental to the primary use of the vehicle or trailer but not signs where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
M.
Vending machine signs. Permanent signs on vending machines indicating only contents and pricing or instructional information not exceeding four square feet.
N.
Any sign specifically required by ordinance.
O.
Relocation signs. Relocation information signs for a period of 30 days restricted to the present location not to exceed four square feet.
P.
Window signs. Temporary window signs not to exceed 35% of total storefront window area or 50% of the area of the display window. Such signs shall not be displayed for any period exceeding 30 days.
Q.
Garage sales. Garage sale signs located on the premises only, not exceeding two square feet and containing the date of sale. Such sign shall be removed within 24 hours of the last day of sale.
§ 28-21.7 Temporary signs.
A.
General requirements.
(1)
Temporary signs shall not project more than six feet in height.
(2)
Temporary signs shall not be located within 15 feet of any point of vehicular access.
(3)
Temporary signs shall be non-illuminated and non-moving.
B.
Temporary business signs. Temporary business signs identifying a limited activity, service, product, sale or promotion of limited duration upon the premises shall not exceed four square feet and display shall be limited to seven days.
C.
Temporary construction signs. One temporary construction sign identifying the parties involved in the construction to occur or occurring on the premises on which the sign is placed shall not exceed 32 square feet and shall be maintained solely during the period of active construction.
D.
Temporary event signs. Temporary event signs announcing a campaign, drive, activity, or event of a civic, philanthropic, educational, religious or eleemosynary organization for noncommercial purposes shall be subject to the following:
(1)
Any temporary event sign shall not interfere with or obstruct access, activity or vision along any public right-of-way.
(2)
Any temporary event sign shall not be maintained for a period in excess of 30 days prior to the date on which the campaign, drive, activity or event advertised is scheduled to occur and shall be removed within three days of termination.
E.
Temporary real estate signs. Temporary real estate signs shall be subject to the following:
(1)
There shall be no more than one temporary real estate sign for each lot.
(2)
One temporary real estate sign (open house) shall be permitted on each lot for a period of 48 hours.
(3)
Area.
(a)
Temporary real estate signs shall not exceed six square feet in display surface area for each exposed face.
(b)
On lots with public roadway frontage exceeding 250 feet and square footage in excess of one acre, temporary real estate signs shall not exceed 20 square feet in aggregate display surface area.
(4)
Location. Temporary real estate signs shall be located only upon the premises. Off-premises real estate signs shall not be permitted.
§ 28-21.8 Permanent signs.
A.
Residential zones or uses. For all residential zones or uses, only the following signs are permitted, and only if accessory and incidental to a permitted use upon the premises where the sign is located:
(1)
One externally illuminated residential development sign indicating the name of the development shall be permitted at each point of vehicular access to the development from a public roadway and shall be placed no closer than 15 feet to any public or private roadway or driveway. Signs may not exceed 20 square feet in display surface area nor project above the ground higher than seven feet.
(2)
Institutional attraction/bulletin boards. One attraction board or wall or ground sign displayed by a civic, philanthropic, educational and religious organization identifying activities, events and services involving the organization occupying the premises on which the attraction board is to be erected but containing no commercial advertising material of any kind shall be permitted, subject, however, to the following:
(a)
The display surface area shall not exceed 20 square feet nor be located within 15 feet of any point of vehicular access from a public roadway.
(b)
Sign height shall not exceed 15 feet.
(3)
Exempt signs. As provided by § 28-21.6 of this article.
B.
Nonresidential zones and uses.
(1)
Business zones (B-1, B-2, B-3, LB and CR) and uses, For all business zones, only the following signs are permitted and only if accessory and incidental to a permitted use upon the premises where the sign is located:
(a)
Business use signs. Business use signs shall be subject to the following:
[1]
Wall signs.
[a]
Number. There shall be not more than one wall sign for each business.
[b]
Area. The display surface area of a wall sign shall not exceed 10% of the area of the building wall, including doors and windows, to which the sign is to be affixed or 32 square feet, whichever is less.
[c]
Location. A wall sign may be located on the outermost wall of any principal building but shall not project more than 12 inches from the wall to which the sign is to be affixed. The location and arrangement of an overall building sign plan shall be subject to the review and approval of the municipal review agency as part of the site plan process.
[d]
Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or 20 feet, whichever is less.
[e]
Special conditions. Where a principal building is devoted to two or more permitted uses, such overall building wall sign shall be subject to review and approval of the municipal agency.
[2]
Ground signs.
[a]
Number. There shall not be more than one ground sign for each lot or principal building.
[b]
Area. The display surface area of a ground sign shall not exceed 32 square feet.
[c]
Location. A ground sign may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access and/or within seven feet of any public roadway.
[3]
Freestanding signs.
[a]
Number. There shall be no more than one freestanding sign for each principal building.
[b]
Area. The display surface area of a freestanding sign shall not exceed 32 square feet.
[c]
Location. A freestanding sign may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access or within seven feet of any public roadway.
[d]
Height. A freestanding sign shall not project higher than 20 feet.
[4]
Awning, canopy and marquee signs.
[a]
Number. There shall not be more than one awning, canopy, or marquee sign which does not exceed a display surface area of four square feet for each principal building.
[b]
Area. The display surface area of an awning, canopy or marquee sign shall not exceed 50% of the gross surface area of the smallest face of the awning, canopy or marquee to which such sign is to be affixed.
[c]
Location. A sign may be affixed to or located upon any awning, canopy or marquee. The location and arrangement of all such signs shall be subject to the review and approval of the municipal review agency as part of the site plan process.
[d]
Height. An awning, canopy or marquee sign shall not project higher than the top of the awning, canopy or marquee to which such sign is to be affixed.
(b)
Shopping center signs. Shopping center signs shall be subject to the following:
[1]
Wall signs.
[a]
Number. There shall not be more than one wall sign for each principal tenant or use contained in a shopping center, except that where a tenant or use abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted.
[b]
Area. The display surface area of a wall sign shall not exceed 10% of the tenant's or use's proportionate share of the building wall to which the sign is to be affixed or 40 square feet, whichever is less.
[c]
Location. A wall sign may be located on the outermost wall of any principal building but shall not project more than 12 inches from the wall to which the sign is to be affixed. The location and arrangement of an overall building sign plan shall be subject to the review and approval of the municipal review agency as part of the site plan process.
[d]
Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or 20 feet, whichever is less.
[2]
Freestanding signs.
[a]
Number. There shall not be more than one freestanding sign for each shopping center.
[b]
Area. The display surface area of a freestanding sign shall not exceed 60 square feet.
[c]
Location. A freestanding sign may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from a public roadway.
[d]
Height. A freestanding sign shall not project higher than 25 feet as measured from base of sign or grade of the nearest adjacent roadway, whichever is less.
[3]
Awning, canopy, and marquee signs.
[a]
Number. There shall not be more than one awning, canopy or marquee sign which does not exceed a display surface area of four square feet.
[b]
Area. The display surface area of an awning, canopy or marquee sign shall not exceed four square feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[c]
Location. A sign may be affixed to or located upon any awning, canopy or marquee. The location and arrangement of all such signs shall be subject to the review and approval of the municipal review agency as part of the site plan process.
[d]
Height. An awning, canopy or marquee sign shall not project higher than the top of the awning, canopy or marquee to which such sign is to be affixed.
[4]
Attraction boards.
[a]
Type. Shopping center attraction boards shall be ground signs or freestanding signs.
[b]
Number. Each shopping center may erect a single attraction board to be used in identifying special, unique or limited activities, services, products or sales of limited duration occurring within the shopping center in which the attraction board is to be located.
[c]
Area. The display surface area of a shopping center attraction board shall be included within the permitted aggregate display surface area for all ground signs and freestanding signs located on the premises.
[d]
Location. A shopping center attraction board may be located in any required yard but shall not extend over any lot line within 15 feet of any point of vehicular access from any lot to a public roadway and shall be contiguous with or attached to any other permitted ground sign located on the premises.
[e]
Height. A shopping center attraction board shall not project higher than 15 feet as measured from the base of sign or grade of the nearest adjacent roadway, whichever is higher.
[5]
Shopping center signs shall only be permitted in the B-2 Shopping Center Zone.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(c)
Institutional attraction/bulletin boards. Attraction boards displayed by civic, philanthropic, educational and religious organizations identifying activities, events and services involving the organization occupying the premises on which the attraction board is to be erected but containing no commercial advertising material of any kind shall be subject to the following:
[1]
Type. Institutional attraction boards may be either wall signs or ground signs.
[2]
Number. There shall not be more than one institutional attraction board for each principal building.
[3]
Area. The display surface area of an institutional attraction board shall not exceed 20 square feet for each exposed face nor exceed an aggregate gross surface area of 40 square feet, whichever is less.
[4]
Location. An institutional attraction board may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from a public roadway.
[5]
Height. An institutional attraction board shall not project higher than 15 feet as measured from base of sign or building to which the sign is to be affixed or the grade of the nearest adjacent roadway, whichever is higher.
(d)
Exempt signs. As provided by § 28-21.6 of this article.
(2)
Industrial zones (TI, PI, I and AI) and uses. For all industrial zones and uses, only the following signs are permitted and only if accessory and incidental to a permitted use upon the premises where the sign is located:
(a)
Office and industrial use signs. Office and industrial use signs shall be subject to the following:
[1]
Wall signs.
[a]
Number. There shall not be more than one wall sign for each principal building, except that where the building abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted. If the principal building contains two or more tenants, a single wall sign for each tenant shall be permitted, so long as the total aggregate display surface area of all signs does not exceed the maximum area requirements of Subsection B(2)(a)[1][b].
[b]
Area. The gross surface area of a wall sign shall not exceed 10% of the area of the building wall, including doors and windows, to which the sign is to be affixed or 50 square feet, whichever is less.
[c]
Location. The location and arrangement of all office and industrial park signs shall be subject to the review and approval of the municipal review agency as part of the site plan process.
[d]
Height. An office or industrial park sign shall not project higher than 15 feet as measured from base of sign or grade of the nearest adjacent roadway, whichever is higher.
[2]
Directory signs. Directory signs indicating only the names of the occupants of the premises on which the sign is to be located but containing no advertising material of any kind shall be subject to the following:
[a]
Type. Directory signs may be either wall signs or ground signs.
[b]
Number. There shall not be more than one directory sign for each industrial building.
[c]
Area. The aggregate display surface area of a directory sign shall not exceed five square feet for each occupant located in the building or complex.
[d]
Location. A directory sign may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access to a public roadway.
[e]
Height. A directory sign shall not project higher than seven feet.
[3]
Exempt signs. As provided in § 28-21.6 of this article.
§ 28-21.9 Permits; applications; fees.
A.
Applications for sign permits shall be submitted to the Director of Engineering and Development and shall contain and/or have attached thereto the following information:
(1)
The names, addresses, and telephone numbers of the applicant, the owner of the premises on which the sign is to be erected and affixed, the owner of the sign, and the person, firm or corporation to be erecting or affixing the sign.
(2)
The location of the building, structure or lot on which the sign is to be erected or affixed (street address and lot and block number).
(3)
A site plan or sketch of the property showing accurate placement thereon of the proposed sign.
(4)
An elevation drawing depicting the proposed sign showing accurately how it will appear.
(5)
If required by the enforcement official, two blueprints of the plans and specifications of the sign to be erected and affixed. Such plans and specifications shall include details of dimensions, materials, color and weight.
(6)
If required by the enforcement official, a copy of stress sheets and mounting calculations prepared by a licensed engineer showing that the sign is adequately designed for dead load and wind pressure in any direction as may be required by this article and applicable state and federal regulations.
(7)
The written consent of the owner(s) of the building, structure or property on which the sign is to be erected or affixed.
(8)
For temporary signs, the duration of time the sign shall be maintained on the premises.
(9)
If the application is for an existing building, current color photographs of all exposed exterior walls of the building shall be submitted.
(10)
Such other information as the Director of Engineering and Development may reasonably require to determine compliance with this chapter and other applicable ordinances.
B.
A separate application and fee shall be required for each sign to be erected, constructed, repaired, altered, replaced or relocated.
C.
Fees. Each sign requiring a sign permit shall require the following fees:
(1)
Initial permit fee. Each application for a sign permit shall be accompanied by a fee in conformance with Chapter 17, Land Development Review, Article V.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2)
The foregoing fees shall be in addition to any other fees that may be required by statute or other applicable law (i.e. building permits, electrical permits, etc.).
§ 28-21.10 Preexisting nonconforming signs.
A.
Continuance. Any sign lawfully existing before the effective date of this article may be continued in operation and maintained indefinitely as a preexisting nonconforming sign, except in such cases where any such sign is found to be unsafe or unlawful as provided by § 28-21.11. However, no preexisting nonconforming sign shall be enlarged, expanded, extended or increased.
B.
Abandonment. A nonconforming sign shall be adjudged and deemed abandoned where there occurs a destruction of such sign, cessation of use of such sign or where the product, service, place, activity, person, institution, business or solicitation advertised is discontinued on the premises where such sign is located for a period of 90 days or more from the date of destruction, cessation or discontinuance.
C.
Destruction. If any nonconforming sign shall be destroyed then such replacement sign shall be constructed in conformance with the provisions of this chapter.
§ 28-21.11 Removal of certain signs.
A.
Any sign which advertises a business, profession, activity, commodity, service, occupant or entertainment no longer being conducted, sold or offered in or from the premises on which the sign is located shall be removed within 180 days from the cessation of such business, profession, activity, commodity, service, occupancy or entertainment by the permit holder or the owner, tenant, occupant, or other person in control of the building or premises on which the sign is located.
B.
If the enforcement official determines that any sign is unsafe, insecure or dilapidated, thereby posing a threat to public health and safety, he shall give written notice to the permit holder or the owner, tenant, occupant or other person in control of the premises on which the sign is located. The sign shall be removed, repaired or otherwise made safe and/or secure within 10 days of receipt of the notice from the enforcement official.
§ 28-21.12 Enforcement; appeals.
A.
The Director of Engineering and Development or his designee is hereby designated the enforcement official for this article. The enforcement official shall be responsible for review and issuance of permits, conduct of inspections, issuance of notices of violation, removal of signs as permitted by this article and maintenance of records.
B.
Any person aggrieved by any action, order, requirement, decision or interpretation by the enforcement official may appeal to the Zoning Board of Adjustment of the Borough of Lincoln Park.
§ 28-21.13 Violations and penalties.
A.
Any person, firm or corporation who or which erects, constructs, repairs, alters, replaces, relocates or maintains any sign without first obtaining a sign permit or fails to comply with any provision of this article shall be subject, for each and every violation, to a penalty as provided in § 28-26.6 of this chapter. Each day that a violation continues shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
With the exception of the notice required by § 28-21.11, nothing herein shall be construed as requiring notice of violation as a prerequisite for prosecution for violation of this article.
