Linden City Zoning Code
§ 31-25.16
Additional Standards in All Zones.
[Ord. No. 60-1 § 3; renumbered 6-21-2023 by Ord. No. 67-36]
a.
Where these regulations apply. These regulations apply to all signs regulated by this Code.
b.
Sign Placement. All signs and sign structures must be erected and attached totally on or within the site or property to which they refer, behind any applicable legal right-of-way.
c.
Signs extending into the Right-of-Way. Exceptions:
1.
Projecting signs in the C-1, SA-1 and SA-2 Districts, projecting over a public sidewalk.
2.
Awnings and Marquees in a Downtown or Central Business District, projecting over a public sidewalk.
3.
A-Frame Signs. A-frame signs or sandwich board type signs may be used in the C-1, C-2, SA-1 and SA-2 Districts if they meet the following standards:
(a)
The sign is entirely outside the street or roadway;
(b)
The sign is no larger than six (6) square feet;
(c)
The sign does not obstruct a continuous through pedestrian zone of at least six (6) feet in width;
(d)
The sign does not obstruct pedestrian and wheelchair access from the sidewalk to any of the following transit stop areas, designated disabled parking spaces, disabled access ramps, or building exits including fire escapes.
d.
Removal of Signs. The City Engineer may require signs extending into the right-of-way to be modified or moved if streets are widened, or other improvements made in the right-of-way, which result in the creation of unsafe conditions. The modification or moving will be at the owner's expense. If a nonconforming sign is moved under this requirement, it may be re-erected on the site without being brought into conformance.
e.
Freestanding and Monument Signs.
1.
Freestanding and monument signs may not extend into the right-of-way.
g.
Pitched Roof Signs.
1.
Vertical Extensions: A pitched roof sign may not extend above the roofline.
2.
Placement and Angle: Pitched roof signs must be parallel to the building face. They may not extend beyond the building wall.
3.
Support Structures: Support structures must be designed so that there is no visible support structure above the sign.
h.
Projecting Signs.
1.
Placement: Projecting signs are not allowed on rooftops or on pitched roofs. Building signs may project up to five (5) feet over a right-of-way if they are located in the C-1, SA-1 and SA-2 Districts.
i.
Directional Signs.
1.
General Standards: Directional signs that meet the standards of this subsection are allowed in all zones and are not counted in the total square footage of permanent signage allowed on any property or site.
2.
Size: Freestanding directional signs may be up to four (4) square feet in area and forty-eight (48) inches in height. Fascia directional signs may be up to ten (10) square feet in area.
3.
Directional signs in any zone may have internal or external illumination.
j.
Temporary Signs.
1.
Signs that meet the standards of this subsection are exempt from the standards for permanent signs and are not counted in the total square footage of signage allowed on any particular property or site. Signs that do not meet the standards of this subsection are subject to the standards for permanent signs.
2.
Temporary signs may not have external or internal illumination.
3.
Temporary Banners. Temporary banners are subject to the following regulations:
(a)
In all Residential Zones, temporary banners are not permitted on sites with houses, duplexes, and attached houses. Exception: banners for holidays, religious commemoration, and special family events.
(b)
In the Office, Professional, Commercial and Industrial Zones, one banner no larger than thirty-two (32) square feet in size is permitted per property or, on a multi-use property, per storefront. Only one (1) of these banners may be hung on each building wall or on each separate structure. Any additional banners, or banners larger than thirty-two (32) square feet in size, must meet the following standards for permanent signs in this Code.
(1)
In no case may a site or storefront have more than two (2) temporary banners.
(2)
In no case shall a temporary banner be larger than fifty (50) square feet in size.
(3)
A temporary banner may be displayed no longer than ninety (90) days per calendar year.
(4)
Banners that do not meet the regulations of this paragraph, must meet the standards for permanent signs.
4.
Temporary Wall or Fascia Signs. One (1) temporary wall sign is allowed per street frontage in the Commercial and Industrial Zones. Temporary wall signs may be up to thirty-two (32) square feet in area. Temporary wall signs may not extend above roof lines. Extensions into the right-of-way are prohibited. A temporary wall sign may be displayed no longer than ninety (90) days per calendar year.
5.
Temporary Freestanding or Portable Signs. One (1) temporary freestanding sign is allowed per property in the Commercial Zones and is not counted in the total square footage of permanent signage allowed on the site. Temporary freestanding signs may be up to thirty-two (32) square feet in area. Extensions into the right-of-way are prohibited. A temporary freestanding sign may be displayed no longer than ninety (90) days per calendar year.
k.
Electronic Message Centers.
1.
In the Office, Professional, Commercial and Industrial Zones, one (1) Electronic Message Center (EMCs) is permitted as a freestanding monument sign having a maximum height of six (6) feet and a sign area of twenty (20) square feet.
l.
EMC Regulations by Zone.
1.
In Residential Zones, EMC signs are specifically prohibited.
2.
In Office and Professional Zones, EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds and these transitions may employ fade, dissolve, and or other transition effects.
3.
In Office and Professional Zones, the following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
4.
In Commercial and Industrial Zones, all EMC display features and functions are permitted, with the exception of (a) flashing, which is prohibited, and (b) full motion video or film display via an electronic file imported into the EMC software or streamed in real time into the EMC. Full motion video as described shall be permitted by special exception only as approved by the Planning Board or Zoning Board of Adjustment.
m.
Sign Illumination Standards.
Signs may be illuminated consistent with the following standards:
1.
A sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of seven hundred fifty (750) cd/m2 or Nits, regardless of the method of illumination.
2.
Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
3.
All illuminated signs must comply with the maximum luminance level of seven hundred fifty (750) cd/m2 or Nits at least one-half hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.
4.
On-premises signs do not constitute a form of outdoor lighting at night, and are exempt from any other outdoor lighting regulations that the City has adopted, or will adopt in the future.
n.
Nonconforming permanent signs may continue to exist after passage of this subsection. Nonconforming signs will be removed and changed in accordance with the provisions of this subsection.
1.
Permanent signs and sign structures that are moved, removed, replaced, or structurally altered must be brought into conformance with the sign regulations. However, nonconforming signs required to be moved because of public right-of-way improvements may be re-established. Removable faces or sign panel inserts in a cabinet style sign may also be changed by right, and such change does not constitute a structural alteration nor trigger loss of nonconforming status.
2.
Nonconforming temporary signs must be removed within two (2) months of the passage of this subsection.
3.
Ownership. The status of a nonconforming sign is not affected by changes in ownership.
4.
Once a sign is altered to conform or is replaced with a conforming sign, the nonconforming rights for that sign are lost and a nonconforming sign may not be re-established.
p.
Destruction. When a sign or sign structure is removed or intentionally destroyed, replacement signs and sign structures must comply with the current standards.
q.
Repair and Maintenance. A nonconforming sign or sign structure may be removed temporarily to perform sign maintenance or sign repair.
r.
Unintentional Destruction. When a sign or sign structure that has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner, the sign and sign structure may be rebuilt to the same size and height using the same materials.
s.
Clearances.
1.
Vision Clearance Areas. Vision clearance areas are triangular shaped areas located at the intersection of any combination of rights-of-way, alleys or driveways. The sides of the triangle extend thirty (30) feet from the intersection of the right-of-way, alley or driveway in either/each direction. No sign may be installed within this clear sight triangle.
2.
Vehicle Area Clearances. In areas outside of rights-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure must be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.
3.
Pedestrian Area Clearances. When a sign or awning extends more than twelve (12) inches over a sidewalk, walkway, or other space used by pedestrians, the bottom of the structure must be at least eight (8) feet above the ground.
4.
Clearances from Fire Escapes, Means of Egress or Standpipes. Signs, sign structures and awnings are prohibited from being erected in any manner that interferes in any way with the free use of any fire escape, means of egress or standpipe. Attaching signs, sign structures or awnings to a fire escape is prohibited.
5.
Obstruction of Windows and Ventilation. Signs, sign structures and awnings are prohibited from being installed in any way that obstructs any building openings to such an extent that light, ventilation or exhaust are reduced to a level below that required by either the Building Code, Plumbing Regulations, Heating and Ventilating Regulations or Housing and Maintenance Regulations.
t.
Maintenance Requirements.
1.
Signs, sign structures and awnings, together with their supports, braces, guys, anchors and electrical components must be maintained in a proper state of repair. The Zoning Officer may order the removal of any sign, sign structure or awning that is not maintained in accordance to this Code.
u.
Signs on Vehicles. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of the requirements set forth in this chapter. Thus, any sign painted, attached or displayed on any vehicle or trailer whose primary purpose is advertisement of products or activity and directing people to a business or activity located on the same or other property shall be prohibited in all zones. Signs advertising to the public that the vehicle in question is "for sale" are not intended to be included in this regulation.