Montvale City Zoning Code
ARTICLE IX
Signs 1
§ 400-62 Regulation of signs.
[Added 5-27-1997 by Ord. No. 97-1061]
The purpose of the succeeding sections shall be to regulate the construction, location, designation, alteration and reconstruction of signs within the territorial limits of the Borough of Montvale.
§ 400-63 Definitions.
[Added 5-27-1997 by Ord. No. 97-1061]
As used in this chapter, the following terms shall have the meanings indicated:
Includes giving or attempting to give or intending to give any notice or information or any activity which gives or attempts to give or intends to give any notice, information or warning.
The Planning Board of the Borough of Montvale.
The area of a sign shall be computed and determined as specified in § 400-64 of this chapter.
Any attachment to a building which projects away from the building when in use and is so erected so as to permit its being raised to a position flat against the building when not in use.
Any temporary sign applied to paper, plastic or fabric of any kind, as may be permitted by the Mayor and Council by permit, above a public right-of-way.
Any sign erected or maintained for the purpose of displaying outdoor advertising for products or services provided off premises.
Any attachment to a building, other than an awning, which is carried by a frame supported by the ground or sidewalk.
The person or persons from time to time appointed pursuant to § 400-10 of this chapter.
To build, construct, attach, hang, place, suspend or affix, and also including the painting of wall signs.
The surface of the sign upon, against or through which a message is displayed or illuminated on the sign.
Any sign supported by structures or supports that are placed on or anchored in the ground that are independent from any building or other structure.
The height of a sign shall be computed and determined as specified in § 400-64 of this chapter.
Any sign which has characters, letters, figures, a design or an outline illuminated by electric lights or luminous tubes as a part of the sign proper.
Includes replacement, without substantial change, of any parts or support of any sign, and the painting, without change of text, design or size of any sign, without removal of the sign from the wall of the structure supporting it. Any work and materials performed and provided with respect to a sign, the cost of which work and materials constitutes 50% or more of the then-current value of the sign, shall not be deemed maintenance or a repair but shall constitute an erection, reerection or relocation of a sign.
Any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare, including signs attached thereto, the supports of which are an integral part of the original structure and which is not retractable.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
Includes any person, individual, business entity, partnership, association, corporation, company or organization of any kind.
Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menus and sandwich-board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
Includes a building or structure or a place or tract of land, lot or real estate, vacant or otherwise.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than 10 inches beyond the surface of such building or wall.
Any sign erected, constructed and maintained wholly upon or over the roof of any building, with the principal support on the roof structure.
Includes any device, either freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon or in (to the extent provided herein) any building or structure, including telephone poles, which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure except as specifically set forth in § 400-70 of this chapter. Only those vending machines which are illuminated shall be subject to the requirements of this chapter.
[Amended 12-9-1997 by Ord. No. 97-1077]
Includes any building, edifice, construction or piece of work or any part thereof or any combination of related parts.
Any sign that is not permanently erected.
All flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel with the plane of the wall.
Includes any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether or not covered with glass, plastic or other covering, and whether or not part of a door.
Includes the aggregate square footage of all windows on any given side and any given story of any structure, regardless of the angle or angles at which they are set.
The Zoning Ordinance of the Borough of Montvale, entitled "Zoning," Chapter 400 of the Municipal Code of the Borough of Montvale, as amended and supplemented.
§ 400-64 Computation of sign area and sign height.
[Added 5-27-1997 by Ord. No. 97-1061]
The following principles shall control the computation of sign area and height:
A.
Computation of area of individual signs. The area of a sign face shall be computed by drawing a square or rectangle that encompasses the extreme limits of the writing, representation, emblem or other display, together with the sign frame and any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed; or by delineating the area established by reason of distinctive variation in background color or by borders, whichever is greater.
B.
Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time and when such sign faces are part of the same sign structure and are not more than 36 inches apart at any point, the sign area shall be computed by the measurement of one of the faces.
C.
Computation of height. The height of a sign shall be computed as the vertical change in elevation from the lowest grade below the sign to the top of the highest attached component of the sign.
§ 400-65 Sign permit required; issuance; exemptions.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
Application.
(1)
No sign shall be erected, altered, located or relocated within the municipality except upon application and the issuance of a permit as hereinafter provided.
(a)
Application for a permit for a sign conforming to the regulations set forth herein shall be made in writing to the enforcing official and presented with the appropriate filing fee. Such application shall describe the premises and location at which the sign is to be affixed and shall include, at minimum, the following items:
[1]
The name and address of the applicant.
[2]
The name and address of the owner of the premises.
[3]
A statement as to whether the owner has consented to the application, if the applicant is other than the owner.
[4]
A rendering to scale of the sign, reflecting its composition, colors, dimensions, elevation from grade level and lighting; the address of the premises; specification and location of all existing signs; the sight distances, in the case of freestanding signs, with relation to accessways to the premises on which such sign is to be located and adjacent premises; the information to be stated on the sign; and the method by which the sign shall be secured.
(b)
Application for a permit for a sign which does not comply with the provisions set forth herein shall be submitted to an approving authority. Such application shall be in writing and, upon notice and a public hearing where the same is required by law, submitted at least 21 days next preceding the succeeding public meeting date of the approving authority, together with a filing fee as hereinafter set forth. Such application shall be in triplicate and accompanied by no fewer than 15 sketch plats in the case of an application for a freestanding sign and 15 building elevations where the application is for other than a freestanding sign, each of which shall be drawn to scale and reflect the sign location and design. In addition, on such drawing or separate sheet, the information required by § 400-65A(1)(a) of this chapter shall be provided.
B.
Issuance of permit.
(1)
A permit shall be issued by the enforcing official upon the official's favorable action in the case of an application pursuant to § 400-65A(1)(a) of this chapter or the favorable action of an approving authority in the case of an application pursuant to § 400-65A(1)(b) of this chapter, subject to any other applicable governmental regulations, or as otherwise provided herein.
(2)
A permit for the replacement of an existing sign may be issued by the enforcing official without the necessity of approval by an approving authority only upon satisfaction of all of the following conditions:
(a)
A permit had previously been issued for the existing sign;
(b)
There is no physical alteration or expansion to the existing sign beyond the limits permitted herein;
(c)
The sign conforms in all respects to the ordinance provisions specified herein; and
(d)
No other signage is proposed to be added to the premises beyond that which is permitted herein.
C.
Exemptions. The provisions and regulations of this chapter concerning permits and fees shall not apply to the following signs; provided, however, that said signs shall remain subject to the provisions of § 400-70 of this chapter:
(1)
On premises used for single-family residential purposes, whether comprised of attached or detached units, a sign or signs identifying the resident and/or street address may be located on the premises, provided that no such sign shall have an area of more than two square feet nor be more than two linear feet in any direction. If there be more than one sign, the aggregate square footage of all such signs shall not exceed three square feet in area.
(2)
On premises used for other than single-family residence purposes, a sign comprised entirely of no more than three digits and one letter, with no single digit or letter having a width in excess of 10 inches or a height in excess of 12 inches, provided that no such sign shall be made to visually appear to be part of any other sign on the property.
(3)
A bulletin board not exceeding five square feet in area for public, charitable or religious institutions, when located upon the premises of said institutions. Only one such sign shall be exempt.
(4)
A memorial sign or tablet or a sign indicating the name of a building or the date of its erection, when cut into any masonry surface or when constructed of bronze or other noncombustible material. Only one such sign shall be exempt and such sign shall be located on the structure to which it pertains.
(5)
Signs erected for the purpose of traffic control for private ways and parking lots and which do not contain any other matter which would make them "signs" as defined by this chapter, legal notices, railroad crossing signs or other signs required by law, provided that the bottom of any such sign shall not be located more than two feet above the lowest grade elevation below it, nor shall such sign exceed 10 inches in height measured from the bottom of the sign to its uppermost point, nor shall its width exceed 18 inches; being further provided that any such sign which is to be erected on a private way or within private property shall have been approved by an approving authority, which may upon an appropriate showing enlarge or otherwise alter the foregoing dimensional requirements, notwithstanding that such sign is made hereby exempt from the permit requirements hereof.
[Amended 12-9-1997 by Ord. No. 97-1077]
(6)
Signs of every kind and nature erected by or on behalf of a political party of the United States of America, State of New Jersey or other political subdivision thereof, provided that no such signs shall be located on any public place or property nor within 25 feet of any public place or property nor within 100 feet of the entrance to any polling place; and being further provided that said signs do not exceed 32 square feet in area; it being further provided that any such sign which relates to a specific election shall be removed within seven days of the occurrence of the election.
(7)
A sign customary and necessary in the offering of real estate for sale or to let in residential zoning districts by the owner thereof and his real estate agent or broker, not to exceed five square feet in area, inclusive of riders, and not to be maintained for more than six months after the initial erection thereof. Only one such sign shall be exempt, and such sign shall be located on the property to which it pertains. Any such sign shall be removed no later than seven days after the consummation of the sale or commencement of the lease of the property to which it pertains.
[Amended 4-14-1998 by Ord. No. 98-1088]
(8)
The message content of lawfully permitted signs specifically designed to be changed from time to time, such as church announcement boards, theater marquees, restaurant menus and the like.
(9)
Temporary signs for charitable purposes, provided that the same do not violate the size, placement or construction provisions of this chapter, including exterior decorating for holiday or patriotic purposes, for a period not to exceed 30 days. Charitable and nonprofit organizations shall nonetheless first obtain the approval of the Mayor and Council, which may impose reasonable conditions with respect thereto, for any banners which may be hung or strung across the public streets of the Borough.
(10)
All signs referred to herein may be freestanding or attached to the premises. No draping or hanging of banner-type signs from any structure shall be permitted unless expressly so stated in this chapter.
(11)
In residential zones, signs which advertise the holding of a garage or yard sale, such signs not to exceed three square feet in area and not to be maintained for more than one week prior to the holding of the sale. Only one such sign shall be exempt. Such sign shall be located on the property to which it pertains and shall be removed upon the conclusion of the sale.
[Added 9-30-1997 by Ord. No. 97-1069]
(12)
Signs that may be required by any other ordinance, law or statute.
[Added 12-9-1997 by Ord. No. 97-1077]
§ 400-66 Signs for residential use.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
In all residential zoning districts, residential signs, including name and address plates, professional nameplates, real estate signs and contractor signs, are permitted, to the extent they are exempt from the provisions of this chapter. Signs not otherwise in compliance with these provisions, or otherwise permitted and regulated in this chapter, are prohibited.
B.
On premises used for residential purposes which contain a professional office, a professional announcement sign, the dimensions of which do not exceed 8 inches by 20 inches per professional occupant, and not exceeding two square feet in the aggregate, may be placed. Such sign may either be affixed to the building wall of the structure located on the particular premises or freestanding. If freestanding, the maximum height of the uppermost level of the sign shall not exceed 3 1/2 feet. Only one such sign shall be exempt, and such sign shall be located on the structure to which it pertains.
C.
On premises used for multifamily or apartment purposes, signs shall be permitted in accordance with the regulations as stated in Subsection A above; provided, however, that each structure wherein multiple units are located shall be considered a single premises, and signs to be placed thereon shall be located at major accesses to the building and at no other place.
D.
On premises used for church, municipal, recreation and public buildings, or other buildings intended for a charitable purpose, there shall be permitted a sign referring to the premises upon which it is located and to the activities carried on therein, not to exceed 30 square feet in area and located not more than 2 1/2 feet above the lowest grade elevation below it. Whether affixed to the structure or freestanding, said sign shall be in addition to any sign permitted under Subsection A above.
§ 400-67 Signs in nonresidential districts.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
In the instance of any use permitted in any nonresidential zoning district, there shall be permitted the location of one sign to be erected on any parcel or lot on which there is a building, which sign may be freestanding or affixed to said structure as hereinafter provided.
(1)
If attached to a building, the horizontal linear dimensions of such sign shall not exceed 30% of the width of the building wall to which it is to be affixed. The maximum height of such sign shall not exceed two feet if the building wall is 40 feet or less in width; 2 1/2 feet if the building wall is more than 40 feet but less than 80 feet in width; and three feet if the building wall is 80 feet or more in width.
(2)
Freestanding signs in the OR-1, OR-2, OR-3, and OR-4 Zoning Districts shall be subject to the following regulations:
[Amended 9-29-2020 by Ord. No. 2020-1485; 6-25-2024 by Ord. No. 2024-1558]
(a)
Any freestanding sign, which sign may be two-sided, shall not be located more than 2 1/2 feet above the lowest grade elevation below it. The height of the sign shall not exceed six feet, nor shall its width exceed 12 linear feet. The maximum area of any such sign shall not exceed 32 square feet, which shall be calculated exclusive of the base.
(b)
A second freestanding sign shall be permitted on a site which has either two or more driveways separated by a distance of at least 300 feet along a single public right-of-way or on a site located on the corner of two intersecting public rights-of-way and has one access driveway on each public right-of-way. The second freestanding sign shall be a maximum of 32 square feet, which shall be calculated exclusive of the base.
(c)
The street address number of a site may be added to a freestanding sign, provided that the number height shall not exceed four inches and an additional two square feet of sign area shall be permitted to accommodate the street address number.
(d)
No freestanding sign shall have more than four colors; black and white shall be considered colors. Components of a freestanding sign subject to this color limitation include its background, frame, and decorative parts.
(3)
Any freestanding sign in the B-1 and B-2 Zoning Districts and in the MI-1, MI-2 and MI-3 Overlay Districts, which sign may be two-sided, shall be located not more than 4 1/2 feet above the lowest grade elevation below it. The height of the sign shall not exceed 9 1/2 feet. The maximum area of such freestanding sign shall not exceed 20 square feet, provided that in the event there exists on the premises to which such sign is to be located more than 15 business units, then in such event the area of such sign may be increased by one square foot for each such business unit, which area as extended shall nevertheless not exceed 25 square feet.
[Amended 5-29-2018 by Ord. No. 2018-1452]
B.
Where a developed tract or parcel on which there is a building is bordered along front and back property lines by parallel roads, streets, avenues or highways, there shall be permitted two freestanding or affixed signs, one oriented to the back of the property and one oriented to the front of the property. Should application be made for erection of two signs pursuant to this provision, approval shall be contingent upon a showing of total conformance to bulk, color and location requirements detailed and provided in Subsection A above.
C.
In the B-1 and B-2 Districts, and in the MI-1, MI-2 and MI-3 Overlay Districts, in addition to any sign or signs permitted pursuant to this section, a sign or signs, limited to demonstrate or evidence membership in a retail or professional organization or credit card or credit association or plan or to show manufacturers' or required licenses or advertisements referable to sales within, shall be permitted to be attached to windows on the interior of the business use, provided that the aggregate area employed for such purpose shall not exceed 20% of the total window area.
[Amended 5-29-2018 by Ord. No. 2018-1452]
D.
Notwithstanding the above, where any premises is used or intended to be used as a "shopping plaza," which for the purposes of this chapter shall be defined as two or more business uses within a single structure, the foregoing signs specified in above § 400-67A shall not be permitted, and the following signs shall be instead permitted: one sign for each business unit, not to exceed 90% of the width of the business unit front to which said sign is to be affixed; provided, further, that any such sign shall not exceed 16 inches in height and all such signs in any one shopping plaza shall be of uniform size, style, design and color. Where such business uses within a single structure are five or more in number, one additional sign meeting the bulk requirements of above § 400-67A, but limited to identification of the single structure, shall be permitted.
[Amended 12-9-1997 by Ord. No. 97-1077]
E.
To the extent that they are exempt from the provisions of this chapter, other signs shall be permitted. Signs not otherwise in compliance with these provisions or otherwise permitted and regulated in this chapter are prohibited.
§ 400-68 Signs for motor vehicle service stations.
[Added 5-27-1997 by Ord. No. 97-1061]
In addition to such other signs as may be permitted under this chapter, premises which have a principal use as a motor vehicle service station shall be permitted the following signs:
A.
One sign bearing the brand, trade name or trademark of the gasoline or other products sold on the premises, not exceeding 27 square feet in area, and one sign bearing unit prices, not exceeding 15 square feet in area, shall be affixed to a common freestanding support or supports, and their aggregate area shall not exceed 40 square feet. The uppermost point of these freestanding signs shall not be greater than 12 feet in height, and their lowest point shall not be less than six feet in height when measured from the lowest grade elevation below them. No part of said freestanding signs shall be located closer than 10 feet to any right-of-way.
B.
One sign bearing the brand, trade name or trademark, not exceeding 12 square feet in area and nonilluminated, may be affixed to the face of the building.
C.
In addition to any signs permitted above, there shall be permitted signs to be appended to fuel pumps, indicating the price per gallon of fuel, provided that such signs do not exceed 0.75 square feet in aggregate area per sign. An additional sign may be located on each fuel pump indicating the grade of fuel being sold.
§ 400-69 Temporary signs.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
The following temporary signs shall be permitted:
(1)
Signs customary and necessary in the offering of real estate for sale or to let in nonresidential zoning districts by the owner thereof and his real estate agent or broker, not to exceed nine square feet in the B-1 and B-2 Zones and 16 square feet in OR-1, OR-2, OR-3 and OR-4 Zones and not to be maintained in any district for more than six months after the initial erection thereof. Only two such signs shall be permitted, and such signs shall be located on the property to which they pertain. Any such sign shall be removed no later than seven days after the consummation of the sale or commencement of the lease of the property to which it pertains.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Signs customarily used to indicate that real estate offered for sale or to let in residential zones has been sold or leased by the real estate agent or broker concerned, not to exceed three square feet in area and not to be maintained for more than two weeks after the initial erection thereof. Only one such sign shall be permitted, and such sign shall be located on the property to which it pertains.
(3)
Signs customarily used to indicate that the real estate offered for sale or to let in nonresidential zones has been sold or leased by the real estate agent or broker concerned, not to exceed nine square feet in area and not to be maintained for more than two weeks after the initial erection thereof. Only one such sign shall be permitted, and such sign shall be located on the property to which it pertains.
(4)
Temporary signs, customary and necessary in connection with the erection of buildings or other construction work, shall be limited to one sign for each construction project, to include only the identification of the project, the builder, subcontractors, architects and/or engineers. Such sign may be freestanding or attached to a structure but shall not exceed 20 square feet in area and shall be removed at the completion of construction.[1]
[1]
Editor's Note: Original § 128-9.7A.8A(5) of the 1966 Code, pertaining to signs for garage and yard sales, which immediately followed this subsection, was repealed 9-30-1997 by Ord. No. 97-1069.
(5)
On no more than one occasion per calendar year and for a duration not to exceed 14 calendar days, streamers, flags, pennants and banners shall be permitted as temporary signs in all nonresidential districts.
[Amended 12-9-1997 by Ord. No. 97-1077]
B.
Temporary signs shall be subject to the provisions of § 400-70 and shall also be subject to the following:
(1)
Insurance for temporary signs may be required by the Mayor and Council.
(2)
Nothing contained herein shall be deemed to permit the erection or installation of any signs upon any pole or tree located on public property or within the public right-of-way within the Borough of Montvale, and their erection or installation is hereby specifically prohibited.
§ 400-70 General regulations for signs.
[Added 5-27-1997 by Ord. No. 97-1061]
B.
No flashing or scrolling signs shall be permitted.
C.
Except as otherwise specifically provided in this chapter, no freestanding signs shall be permitted.
D.
Except as otherwise specifically provided in this chapter, no banners, pennants, flags or streamers shall be allowed to be strung across, upon, over or along any premises or building, whether as a part of any sign or not. Specifically excluded from the foregoing shall be the American flag, the flag of the State of New Jersey and, limited to buildings occupied by a single commercial user, a corporate flag or, in lieu of a corporate flag or the flag of the State of New Jersey, the flag of another nation which may be flown for a period not to exceed seven days at any one time for the purpose of honoring persons who may be visiting the facility at the time. No such excluded flag shall be more than five feet in height or eight feet in width or flown from a flagpole which is greater than the maximum building height permitted in the zoning district.
[Amended 2-24-1998 by Ord. No. 98-1080]
E.
No sign shall be, in whole or in part, moving, mobile or revolving.
F.
In the event of a mixed use of premises, only those signs allowed for the dominant use shall be permitted.
G.
No directories or listings of occupants and users within a building shall be permitted on any freestanding sign; provided, however, that in the instance of such freestanding signs being located within the OR-1, OR-2, OR-3 and OR-4 Districts on properties being used for the purposes allowed in said districts, the name of up to four tenants of the principal building may be displayed on said freestanding sign.
[Amended 9-29-2020 by Ord. No. 2020-1485; 6-25-2024 by Ord. No. 2024-1558]
H.
Any sign in the interior of a premises which has a primary purpose of being visible from the exterior of the premises shall be considered an exterior sign for the purpose of this chapter.
I.
Signs which are not expressly and directly related to the business being conducted on the premises or which do not conform to the applicable requirements and standards set forth in other sections of this chapter are prohibited. Any sign which relates to a former occupant of the premises to which it is affixed shall be removed within seven days of the vacation of the premises by the former occupant.
J.
No sign, except for freestanding signs in the OR-1, OR-2, OR-3, and OR-4 Zoning Districts, shall have more than two colors, inclusive of its background, frame and decorative parts. For the purposes of this chapter, black and white shall be considered colors. Notwithstanding anything herein to the contrary, in such instance where black or white shall be used in the formation of a sign as aforesaid, then in such instance either of such may be used as a third color. The allowance of a third color is intended as a vehicle to encourage creativity in the arrangement of a sign, which expression is not disconsonant with other signage in the area and does not exceed the limits necessary to afford a reasonable identity to the use for which the sign is intended.
[Amended 6-25-2024 by Ord. No. 2024-1558]
K.
No sign shall be erected or painted or composed of fluorescent or phosphorescent or similar material.[1]
L.
No sign shall contain any letter, word, name, number, model, insignia, emblem, message or representation that is composed of gas-filled tubes.
M.
No sign shall be illuminated by a light source which is partially visible from any place other than on the premises where the sign is located, nor shall any light source, either internal or external to the sign itself, exceed 0.5 footcandle in intensity when measured at any point on the property line of the premises upon which the sign is located.
N.
No sign shall be artificially illuminated after 11:00 p.m. or before 7:00 a.m., unless said premises are occupied and attended.
O.
No sign shall be placed or located or displayed upon any sidewalk or area between sidewalk and curb, nor shall any sign project on or over a sidewalk.
P.
No freestanding sign shall be located less than 10 feet from any property boundary line; provided, further, that such sign shall be constructed at a location so as not to obscure the line of sight at intersections or points of access to the premises being served or adjacent premises, as determined in the reasonable judgment of the enforcing official or approving authority and as otherwise may be prescribed by local, county or state regulations.
Q.
Freestanding signs shall be supported by such means as are capable of preventing injury.
R.
A sign affixed to a building wall shall be securely affixed, and where the surface of the same shall extend more than 3 1/2 inches from the face of said wall, said sign shall not be located less than 10 feet above the average ground elevation below.
S.
No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
T.
No sign or other advertising structure shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, cause an optical illusion or be confused with any authorized traffic sign, signal or device or which makes use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse traffic.
U.
All signs shall be constructed in accordance with the requirements of the Uniform Construction Code and such other requirements that may be adopted therein by reference.
V.
The enforcing official shall require the proper maintenance of all signs and shall inspect every sign for which a permit is issued within 30 days after it is erected. All signs, together with all of their supports, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The enforcing official may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.
W.
Unless specifically approved by the governing body in accordance with this chapter or placed by the Borough itself for a public purpose, no sign shall be permitted to be placed on any public property, publicly owned property or within any public right-of-way.
§ 400-71 Nonconforming signs.
[Added 5-27-1997 by Ord. No. 97-1061]
A.
Provided that such sign was lawfully erected under any prior ordinance, any sign existing at the time of the passage of this chapter which violates any of the provisions hereof shall be deemed a nonconforming sign and may be continued, maintained and repaired upon the present premises or location. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and there is issued by the enforcing official a permit therefor.
B.
Any sign which has been damaged to the extent that the cost of repairs is 50% or more of the then-current value of the sign shall be deemed as destroyed. The owner thereof shall not be permitted to erect, reerect or restore said sign except in accordance with the procedures set forth in this chapter.
§ 400-72 Unsafe signs.
[Added 5-27-1997 by Ord. No. 97-1061]
If the enforcing official shall find that any sign is unsafe or insecure or is a menace to the public, the official shall give written notice to the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. If such owner, agent or person fails to remove or alter the sign so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the enforcing official, at the expense of the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. The enforcing official may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
§ 400-73 Fees for signs.
[Added 5-27-1997 by Ord. No. 97-1061; amended 7-8-2008 by Ord. No. 2008-1282; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 400-74 Enforcement of sign provisions.
[Added 5-27-1997 by Ord. No. 97-1061]
This chapter shall be administered and enforced by the enforcing official.
§ 400-75 Interpretation of sign provisions.
[Added 5-27-1997 by Ord. No. 97-1061]
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for promotion of public health, safety, convenience and general welfare.