A.

Administrative Procedure. It shall be unlawful for any person to erect or maintain any sign or other advertising structures as defined in this title without first obtaining a permit as required by the Uniform Construction Code of the City of New Brunswick unless exempt hereinafter. Further, no sign shall hereinafter be altered unless in compliance with this section. In the event that a sign is included in a site plan or subdivision application, the permit shall be issued by the administrative officer following approval by the planning board or board of adjustment.

B.

Application Requirements.

1.

Name, address and telephone number of applicant.

2.

Name, address and telephone number of the owner of the property.

3.

Location of building to which sign is to be erected.

4.

Position of the sign on building with sketch and dimensions of proposed sign.

5.

Name and address of person erecting sign.

6.

The relationship between the applicant and owner and written consent of the owner.

7.

Such further information as the administrative officer shall require to show full compliance with this and all other laws and ordinances of the city.

8.

Sketch of the proposed sign indicating size, color, lighting and material used and drawn to scale.

C.

Application Procedure. It shall be the duty of the administrative officer to examine the sign application and other data and the premises upon which it is proposed to erect the sign, and, if the proposed structure is in compliance with this zoning ordinance and other ordinances of the city of New Brunswick, he shall issue the sign permit. In the event that the application is not in conformance with all applicable ordinances, the administrative officer shall instruct the applicant to apply for a variance from the planning board or board of adjustment, whichever is applicable.

If the work authorized under the sign permit has not been completed within one-year from the date of issuance, the permit shall become null and void.

D.

Sign Permit Fees.

(Ord. No. O-050703, 6-6-07)

The following signs are declared exempt from the standards and regulations set forth hereinafter:

A.

Professional signs indicating the name and profession of the occupant of a dwelling, provided such signs do not exceed two square feet on any one side.

B.

Residential nameplate signs situated within the property lines and not exceeding seventy-two (72) square inches. A permitted home occupation or professional office may be included with the name of the occupant. Only one sign per principal dwelling unit is permitted and it may not be illuminated.

C.

Temporary signs inside windows of commercial establishments not covering more than twenty-five (25) percent of the window area.

D.

Window stickers denoting organizational affiliations, credit card availability, burglar systems, pet restrictions, hours of operation, etc.

E.

Any signs forbidding trespassing, hunting, fishing or trapping as authorized by the fish and game laws upon particular premises may be erected and maintained provided that the area of any such sign shall not exceed two square feet.

F.

Temporary non-illuminated political signs to be displayed for a period not exceeding thirty (30) days, provided such signs do not exceed thirty-two (32) square feet in area. Such signs shall be removed within seven days of the election to which the signs referred.

G.

Temporary signs for advertising public function or fund raising events for charitable or religious organizations, provided such signs are not displayed for a period exceeding thirty (30) days prior to and during the event and further provided that such signs shall be removed within seven days after the event. Such signs shall be non-illuminated, not larger than sixteen (16) square feet in area, not exceeding six feet in height and may be erected flat against the building or freestanding.

H.

Temporary real estate "for sale" or "for lease" signs provided such signs do not exceed six square feet per side nor more than twelve (12) square feet in total surface area. Further, no more than one such sign shall be permitted for each one hundred (100) linear feet of street frontage.

I.

Temporary construction signs indicating the name of the business doing work at the site provided no such sign exceeds sixteen (16) square feet on any one sign and further provided that no more than one such sign shall be permitted for each one hundred (100) linear feet of street frontage.

J.

Signs indicating the private nature of a road, driveway or premises may be erected and maintained provided that the area of such sign shall not exceed seventy-two (72) square inches and shall not exceed three feet in height.

K.

Traffic control directional signs identifying parking areas, loading zones, entrances, exits and similar locations. Said signs shall not exceed two square feet in area and four feet in height.

L.

Special signs serving the public convenience such as "notary public", "public rest rooms", "public telephone" or words of similar import. the area of each sign shall not exceed seventy-two (72) square inches.

M.

Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

N.

Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies, civic or religious organizations.

O.

Flags or emblems of religious, educational, civic or governmental organization.

P.

Temporary signs which are in the nature of traditional holiday or seasonal greetings or decorating not advertising a specific product service or establishment. Such signs must be removed within forty-five (45) days from the date same are erected.

Q.

Signs which are an integral part of vending machines, including gasoline pumps, and soda machines.

R.

Signage required by local, county, state, or federal government.

(Ord. No. O-052305, § II, 6-7-23; Ord. No. O-050703, 6-6-07)

All types of signs not expressly permitted by this section are prohibited including, but not limited to the following:

A.

Billboards, unless otherwise permitted by this title.

B.

Signs tacked, pasted, painted, or otherwise attached to poles, posts, trees, fences, sidewalks, or curbs.

C.

Exterior signs using moving parts, except clocks and temperature gauges.

D.

No sign other than official traffic control devices or street signs shall be erected within, or encroached upon, the right-of-way lines of any street unless specifically authorized by other ordinances or regulations.

E.

No sign shall be of a type which moves in whole or in part by any means, including fluttering, rotating or motion caused by the atmosphere, nor which emits smoke, visible vapors or particles, sound or odor.

F.

No sign shall display flashing or intermittent light or lights of changing degree of intensity or changing colors.

G.

No sign shall be erected which directly or indirectly causes or produces any glare into a street or upon a dwelling unit. Exposed sources of light, including bare bulbs and tubules and immediately adjacent reflecting surfaces shall be shielded so as not to create a nuisance across lot lines.

H.

Mobile signs.

I.

Painted wall signs, except murals meeting the requirements of Section 17.06.080.

J.

Any sign using exposed incandescent bulbs or neon tubes, exposed neon tubing in mirrors directing a light source and other such devices is prohibited.

K.

Any sign commonly known as "roof" or "sky" sign which is supported principally by the roof and which projects above and over the roof of the structure is not permitted.

L.

Any sign on a vacant or unimproved lot which does not exclusively specify the sale, lease, transfer, zone or conditional use of the particular property is prohibited.

M.

No strings or streamers, flags, pennants, spinners or strings of lights or similar devices strung across, upon, over or along any premises or building.

N.

Any sign with lighting or control mechanisms which may cause radio or television interference is prohibited.

O.

Signs or advertising matter of an indecent or obscene nature.

P.

No sign shall be constructed, erected or located which will obstruct the visibility of the motorist or pedestrian proceeding along the public way or entering or leaving a lot, driveway, access road or intersection.

Q.

No sign shall be constructed, erected or located which encroaches into or obstructs the sight triangle at the intersection of any public rights-of-way, nor the intersection of a private access road, access aisle or driveway with a public right-of-way.

R.

Signs on trailers, truck trailers or unregistered motor vehicles.

S.

Internally illuminated, animated, flashing or illusionary signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement, except time and temperature or barber shop poles.

T.

Illuminated signs using red, yellow or green light when they are situated within two hundred (200) feet of any street intersection.

U.

Signs advertising goods and services available at the premises upon which the sign is located.

V.

Any sign that uses the word "danger" or "stop" or otherwise presents or implies the need or requirement to stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by public authority.

W.

Pennants, banners and mobiles, except where allowed with approval of the administrative officer.

(Ord. No. O-050703, 6-6-07)

A.

No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the state of New Jersey, by any county or municipality thereof, or by any public utility or similar agency concerned with the protection of the public health or safety.

B.

No neon sign or similar illuminated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

C.

Any advertisement which uses a series of two or more signs placed in a line parallel to the highway or in similar fashion all carrying a single advertisement message, part of which is contained on each sign.

D.

No sign shall have flashing lights or exposed high flashing lights or exposed high intensity illumination.

E.

No sign may obstruct any window, door, fire escape, stairway, or opening intended to provide light or ingress and egress to or from any building or structure, with the exception that twenty-five (25) percent of any window may be occupied by a sign or signs subject to the further provisions of this title.

(Ord. No. O-050703, 6-6-07)

A.

General Provisions.

1.

If the construction code official shall find that any sign or part thereof is unsafe or insecure, he shall give written notice to the owner of the sign or the owner of the premises. If the sign is not removed or repaired within forty-eight (48) hours after the issuance of such notice, the construction code official shall certify the cost of removal, transportation and storage to the city council. The city council, by resolution, shall cause the cost as indicated by said certificate to be charged against said lands. The amount so charged shall forthwith become a lien upon said lands, the same to bear interest at the same rate as taxes and shall be collected in the same manner as taxes.

2.

No existing sign shall be enlarged, rebuilt, structurally altered, or relocated except in accordance with the provisions of this title and until a permit has been issued by the zoning officer. The issuance of a permit shall not relieve the owner or lessee of the premises from the duty of maintaining safely any of such structures. No sign of any description shall be installed, erected, or constructed so as to obstruct any fire escape or any window or door, nor shall any sign be attached in any manner to a fire escape.

3.

Signs shall relate solely to the business or profession conducted on the premises and shall advertise only the name of the owner or lessee, the name of the establishment, the type of establishment, or the trade name of the establishment and, except for traffic and public convenience signs.

4.

No establishment shall be permitted to display more than one sign outside of the premises identifying same which can be viewed from a public right-of-way.

B.

Illumination. Illumination devices such as, but not limited to, floor or spotlights shall be so placed and so shielded as to prevent the rays of illumination thereof from being cast into neighboring property.

C.

Signs Over Public Right-of-Way. No portion of any sign shall be located within or suspended over a public right-of-way or pedestrian walkway, unless otherwise permitted by this title.

D.

Historical Site or Monument. No sign shall be permitted within fifty (50) feet of the property line of any historical site or monument except directional signs identifying the site or monument.

E.

Setback of Business Signs from Residential Districts. No business sign shall be located closer than twenty-five (25) feet to any residential zone boundary. Further, landscaping, a wall or other suitable device shall be provided as a visual barrier between the sign and the adjoining residential property.

F.

Nonconforming Signs. Nonconforming signs may be continued in use but may not be enlarged, relocated, altered, rebuilt, extended nor made less conforming. Failure to keep signs in good repair for a period of twelve (12) consecutive calendar months shall constitute abandonment and any such sign may not then be replaced or reused and must be removed.

G.

Maintenance of Signs.

1.

Any sign that is or shall become dangerous or unsafe in any manner whatsoever shall be repaired, made safe and attractive in conformity with this title or shall be removed by the owner, lessor, agent or occupant of the building, property, or land upon which it is placed or to which it is attached. A written notice shall be served upon the owner, lessor, agent or occupant of a building, property or land upon which a dangerous or unsafe sign is located. The notice shall require necessary action to be taken within ten (10) days from the date of service of the notice upon such person, or within such lesser time as shall be deemed reasonable in a case where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement.

2.

The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.

H.

Sign Area.

1.

Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself.

2.

A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used.

3.

Street number designation, postal boxes and any exempted signs are not considered in calculating the sign area.

I.

Sign Height. The height of a sign shall be measured as the vertical distance from the uppermost point used in measuring the area of the sign to the lowest elevation of the existing grade immediately below and adjoining the sign

J.

Location.

1.

Attached signs may only be located in such a manner that does not conflict with any height, obstruction to vision and similar regulations of this title.

2.

Freestanding signs shall be located only in the front yard and shall comply with the following setback requirements:

a.

Be no closer to the front lot line than the greater of:

i.

Five feet from the street right-of-way;

ii.

Ten (10) feet from the street pavement;

iii.

The minimum front yard setback for freestanding signs stated in the sign regulation table.

b.

Be no closer to a side yard lot line than the greater of:

i.

Five (5) feet from any side yard lot line

ii.

The minimum side yard setback for freestanding signs stated in the sign regulations table.

Basic Outline for Location of Freestanding Signs. Additional requirements may apply for specific zones. Check Chapter 17.06 sign regulation table for details.

3.

Portable signs, e.g., A-frame signs, shall be located on the property, shall not be located in the public right-of-way and the area of portable signs shall count towards the total permitted sign area.

K.

Awning Signs.

1.

Lettering shall be allowed on awning valances only and shall not exceed sixteen inches in height. Logos, symbols, and graphics that do not include text may be allowed on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning.

2.

Lettering shall be located within the middle seventy (70) percent of the valance area.

3.

Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings.

4.

Awning signs shall only be allowed for first story occupancies.

5.

Awnings shall not be lighted from under the awning (back- lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

6.

Awnings shall be regularly cleaned and kept free of dust and visible defects.

L.

Projecting Signs.

1.

Projecting signs shall not be less than eight feet above the surface over which it projects in pedestrian areas. Signs shall not project more than three and one-half feet into a public right-of-way.

2.

Projecting signs may have a maximum thickness of eight inches.

3.

No internally illuminated projecting signs are permitted.

4.

Projecting signs shall not be closer than fifteen (15) feet to another projecting sign or to a freestanding sign or five feet from an interior property line or line dividing two separate business frontages.

5.

Projecting signs shall not project above an apparent eave or parapet, including the eave of a simulated mansard roof or hipped roof.

6.

Projecting signs shall not be attached to the sloping face of mansard overhangs or other architectural devices intended to resemble or imitate roof structures.

7.

Projecting signs may be mounted flush to a building wall if they do not damage or obscure architectural details or historic materials. In cases where a projecting sign may impact architectural details, historic materials, or similar elements, the sign shall be set away from the building wall so as not to impact such features, but the support for the sign may not be placed in the public right-of-way.

8.

A two-dimensional fabric banner suspended perpendicular to a wall may be displayed in lieu of a projecting sign, provided that the banner shall meet all of, height, and projection requirements for a projecting sign and not exceed twelve (12) square feet in area.

M.

Neon Signs and Architectural Lighting. The use of neon tubes for interior signs visible from the public right-of-way or architectural elements shall be allowed in commercial zoning districts only subject to the following requirements:

1.

Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum thirty (30) milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the neon tubing.

2.

The neon manufacturer shall be registered with Underwriters Laboratories.

3.

Neon tubing shall not exceed one-half-inch in diameter.

4.

Neon lighting adjacent to residential uses shall not exceed one-half foot-candle measured at the property line.

5.

Neon tubing shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly- glazed tiles, or other similar materials).

6.

When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall be concealed from view whenever possible through the use of parapets, cornices, or ledges.

7.

Neon signs placed within five feet of a storefront window shall not occupy more than twenty-five (25) percent of the window area.

8.

Neon lighting that surrounds a window, door, or similar element is not allowed.

N.

Design Theme.

1.

There shall be a consistent sign design theme throughout a particular project. The design theme shall include style of lettering, construction, material, type of pole or standard (wool or metal, for example), size and lighting. Color of letters and background detail shall be carefully considered in relation to the color of the material of buildings where signs are proposed to be located. The standards set forth herein shall be construed as maximum parameters; the administrative officer, when applicable, shall take into consideration the design concept including the whole sign structure in terms of form and composition, color, materials, surface decoration, shape, text letter styles and illuminations, construction and integration of the sign or signs with the buildings and immediate surroundings.

2.

The zoning officer may attach such conditions and safeguards as a precondition to approval of said sign as in its opinion will further the general purpose and intent of this chapter and be in harmony therewith. The net result of this chapter shall be toward the development of an aesthetic standard of design criteria regarding all signage, thereby effecting the highest level of tastefulness which can be achieved for all applications.

(Ord. No. O-110907, § 2, 12-2-09; Ord. No. O-050703, 6-6-07)

(See Section 17.06.050 for additional details regarding sign regulations.)

(Ord. No. O-012506, § I, 2-5-25; Ord. No. O-052403, § I, 5-15-24; Ord. No. O-052305, §§ III, IV, 6-7-23; Ord. No. O-110907, § 3, 12-2-09; Ord. No. O-030804, § 3, 4-2-08; Ord. No. O-050703, 6-6-07)

A.

Mural. Mural shall mean a large image, such as a painting or photograph applied to a wall on private property and visible to the public right-of-way that is not intended to identify or advertise a product, service or business. The mural content does not demonstrate any relationship to a business. Mural content having a relationship to a business shall be considered to be a sign. Mural normally does not include landscaping, or architectural ornamentation.

B.

Review Criteria.

1.

Appropriateness of the design to the function of the site, including safe vehicle and pedestrian movement, parking, loading, trash removal, maintenance of landscaping and maintenance of required and designated view corridors and public access.

2.

Compatibility of the design and location with a designated historic site, building, or district.

3.

Compatibility with zoning design standards

4.

Preservation and integration of natural features with the project.

5.

Murals shall not be within five hundred (500) feet of another mural installation unless their themes are directly related.

6.

The mural proposal shall be submitted to and reviewed by the New Brunswick community arts council and the council's recommendations regarding the installation of the mural based on the above criteria shall be submitted with a sign permit application seeking approval of the mural.

(Ord. No. O-050703, 6-6-07)