Notwithstanding any other provisions in this zoning chapter, no sign shall be permitted, erected or used in any district except as permitted in this article.

(Ord. No. 76-27, 6-14-76)

(a)

All definitions appearing in Article II of this zoning chapter shall be applicable to this article, except to the extent of inconsistency with any definition appearing herein.

(1)

Advertising sign: A sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is maintained. A billboard sign shall be considered an advertising sign.

(1.1)

Banner: A sign intended to be hung either with or without frames, mounted on a wall or a pole, that is constructed of a lightweight paper, fabric, canvas, plastic, or similar material. National, state, municipal, or institutional flags, or the official flag of any business shall not be considered a banner.

(2)

Building line: The silhouette of a building, excluding all signs, as would be seen in a typical architectural plan drawing of the floor which intersects finished grade.

(3)

Bulletin board sign: A sign of permanent character, but with movable letter, words, or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises whereon a sign is maintained. A business marquee sign is not a bulletin board sign.

(4)

Business sign: A sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.

(4.1)

Canopy sign: A sign affixed to, or an integral part of, the face of a canopy; the canopy serving as a hood, awning or other permanent roof type structure which is either freestanding above parking areas, islands, or similar facilities, or which projects from the wall of a building or structure; not including marquees for movies, theaters, or similar uses.

(5)

Fence sign: A sign attached to a fence and/or which depends upon the fence for structural support. A fence sign shall not extend above the top of the fence to which it is attached, at the point of the attachment.

(5.1)

Flag: A rectangular fabric, banner or bunting, containing distinctive colors, patterns, or symbols used as a symbolic representation of a government, political subdivision, or other entity. Flags may contain logos and other symbolic representations of businesses or other entities but shall not include statements or commercial messages of any kind.

(6)

Ground sign: A sign supported above ground by a supporting structure, generally composed of uprights or braces which originate upon or in the ground.

(7)

Identification sign: A sign other than a bulletin board sign or nameplate sign indicating the name of a permitted use, the name and address of a building, or the name of the management thereof.

(8)

Illuminated sign: A sign which either has as a part of its construction electric lighting or luminous tubes or has associated with it an external artificial light source. An illuminated sign shall be subject to the following conditions:

a.

It shall be nonmoving, nonflashing and nontwinkling.

b.

External artificial light sources shall be so arranged that no direct light shall project outside of the premises upon which the illuminated sign is located.

(9)

Institution: A public, charitable, religious, or educational institution, which shall include such uses as any church, school, college, hospital, YMCA, YWCA, civic use, library, museum, art gallery, park, or playground.

(10)

Instructional sign: A sign conveying instructions with respect to the premises on which it is maintained, including parking lot entrance or exit signs, trespassing signs, and danger signs.

(11)

Insurance: As described in Section 35-59(i)(1) and (2) of this article.

(12)

Marquee: A hood, awning or permanent roof type construction which projects from the wall of a single building, above an entrance; for movies, theaters, and similar uses.

(13)

Marquee sign: A sign attached to a marquee.

(14)

Nameplate sign: A sign indicating the name, address, and/or profession or occupation of a person.

(14.1)

Pennant: A lightweight plastic, fabric, or other material, whether or not containing a message or lettering of any kind, usually designed to taper to a point, suspended from a rope, wire, or string, often in a series, and intended to move in the wind.

(15)

Person: An individual person, firm, partnership, association, corporation, company, or organization of any kind.

(15.1)

Portable signs: A business sign constructed of cloth, canvas, fabric, wood, or similar materials, with or without a structural frame not secured or attached to the ground or surface upon which is located, and usually constructed in such a manner to form an "A" or "sandwich board," intended for limited period of display, but not including signs attached or mounted on self propelled vehicles, trailer chassis or similar devices.

(16)

Premises: Lot, property, and/or plot of ground.

(17)

Projecting sign: A sign which is attached directly to a building and which extends more than 15 inches from the building.

a.

Pedestrian and/or vehicular traffic shall not be impeded or imperiled by a projecting sign.

(18)

Projection: The distance by which a sign extends beyond the building line.

(19)

Purpose: See "sign purpose".

(20)

Real estate sign: Used for the purpose of indicating sale, rental, or lease of the premises on which such sign is located.

(21)

Roof sign: A sign erected, constructed and maintained upon or over the roof of any building with the principal support on the roof structure.

(22)

Setback: The shortest distance between any part of a sign and the dividing line between a lot and the street. If the lot lines lies in the public right-of-way, the setback distance shall be from the boundary of said public right-of-way.

(23)

Shopping center: A group of retail, personal, or professional service establishments containing 15 acres or more, planned, developed, owned, or managed as a unit, with off-street parking provided on the property and related in its location, size, and type of shops to the trade area which the unit serves.

(24)

Sidewalk overdeck: A permanent horizontal structure which shelters the surface below it before a building, said building consisting of a series of communicating or noncommunicating shops having a common wall between adjacent shops.

(25)

Sidewalk overdeck sign: A sign attached to a sidewalk overdeck.

(26)

Sign: A symbolic representation intended to direct attention to any place, subject, person, public performance, article, machine or merchandise, and which is painted, printed, or constructed and is displayed in any manner outdoors to promote the interest of any person.

(27)

Sign area: The sum of the areas, enclosed by rectangles or squares, which describe the actual area of sections, parts, words, or modules of the sign, including all moldings, battens, cappings, nailing strips, latticing, and platforms which are attached, and which are part of the sign or incidental to its decoration.

(28)

Sign height: The greatest vertical dimension between the top of a sign and the ground.

(29)

Sign location: Ground, projecting, roof, wall, marquee, fence, and sidewalk overdeck signs as individually defined in this section.

(30)

Street: A street, road, alley, sidewalk, public way, avenue, travel lane, or highway.

(31)

Sign purpose: Nameplate, instructional, identification, bulletin board, business, advertising, real estate, and temporary signs as individually defined in this section.

(32)

Supporting structure: The construction of a sign necessary only to support and reinforce the sign in accordance with structural requirements, Section 32-59(f)(1) of this article.

(33)

Symbolic representation: Any writing, letter, word, figure, design, symbol, representation, trademark, illuminating device, and street clock, and/or temperature announcement.

(34)

Temporary sign: A sign intended to be displayed for a limited period of time, not to exceed 14 days.

(35)

Time and temperature signs: A display containing illuminated numerals flashing alternately to show the time and temperature, or a clock.

(36)

Wall sign: Any sign erected, constructed, and maintained against the wall of any building or displayed with the exposed face thereof in a plane parallel to the plane of said wall, of which the projection is a maximum of 15 inches. Such signs shall not project above the roof cornice or above the roof level where there is no cornice or parapet wall.

(Ord. No. 76-27, 6-14-76; Ord. No. 83-25, Amend. Nos. 1-3, 11-14-83; Ord. No. 88-4, Amend. No. 1, 2-22-88; Ord. No. 91-36, Amend. No. 1, 11-25-91; Ord. No. 02-14, Amend. No. 1, 7-8-02)

(a)

Signs permitted without limitations. The following signs shall be permitted in all districts, except as modified herein:

(1)

Public signs. Signs of a noncommercial nature and in the public interest, erected by, or on the order of a public officer in the performance of his duty, such as safety signs, danger signs, memorial plaques, official court and public notices, signs of a historical interest, development identification, and the like.

(2)

Institutional. For any public, charitable, educational, or religious institutions, flags, emblems, insignia, or similar signs displaying the name of the institution or the organization, except as otherwise regulated in this Article.

(3)

Integral. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material and made of bronze, aluminum, or other permanent-type construction and made an integral part of the structure.

(4)

Address sign, giving only street name and numerical designation for premises on which it appears. Such a sign shall be limited to one square foot.

(5)

Exterior merchandise signs. Signs permitted in business zoning districts having a maximum area of not more than one square foot on merchandise displayed within six feet of the front of the building of the business selling the merchandise.

(6)

Reserved.

(b)

Signs prohibited. The following signs shall be prohibited.

(1)

Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency.

(2)

Signs which contain or are in imitation of an official traffic signal or sign or contain the words "stop," "go slow," "caution," "danger," "warning," or similar words.

(3)

Signs of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street signal or sign.

(4)

Signs which advertise an activity, business, product, or service no longer conducted on the premises upon which the sign is located.

(5)

Signs which move in any manner, either by mechanical means or by wind pressure, swinging signs, spinners, or similar moving devices, are included in this prohibited use.

(6)

Signs which consist of ribbons, streamers, posters, and strings of light bulbs, except as permitted in Section 32-60(a) for temporary signs.

(7)

Signs which flash, except for time and temperature indicators.

(8)

Signs which produce noise or sounds capable of being heard even though the sounds produced are not understandable.

(9)

Signs which emit visible smoke, vapor, particles or odor.

(10)

Signs erected, constructed, or maintained so as to obstruct, or be attached to any fire-fighting equipment, window, door, or opening used as a means of ingress or egress for fire fighting purposes, or placed so as to interfere with any opening for proper lighting and ventilation.

(11)

Signs which cause radio, television, or other communication interference.

(12)

Advertising signs within 400 feet of a public park or which confine, obstruct, or obscure a view of such park or a scenic area.

(c)

Signs not covered.

(1)

Any sign for which the purpose, location, type or definition is not clearly permitted or prohibited by this chapter shall be considered as being a sign of the most closely resembling purpose, location, type, or definition as established by this chapter.

(d)

Nonconforming signs.

(1)

Any sign, or parts thereof, installed in accordance with city regulations and existing of April 1, 1982, not in conformance with the requirements of this article may be continued to be used except as follows:

a.

Signs expressly prohibited in Section 32-59(b); and

b.

Existing nonconforming signs which are structurally altered, relocated or replaced shall comply with all provisions of this article.

(2)

Any person who paid an annual fee of five times the conforming sign fee under previously existing Section 32-59(d)(1) shall be refunded without interest the fee paid in excess of the fee paid for conforming signs if (1) and application for refund is made prior to December 31, 1983, and (2) proof of payment by the applicant or his predecessor in title satisfactory to the finance director is submitted by the applicant.

(e)

Sign exceptions.

(1)

A sign, having purpose, location, and dimensions similar to those of nonconforming signs existing in the immediate geographical area for which the sign is proposed, and within the confines of the special sign districts delineated in Section 32-60(b), may be permitted if approved by the board of adjustment as a special exception.

(2)

A ground or roof sign in a business special sign district, constructed under a sign exception, shall not extend more than 25 feet above grade. A roof or projecting sign, constructed under a sign exception, shall not extend above the top line of the roof, or the top of the parapet of the building on which it is supported.

(3)

Applications for time and temperature signs that do not meet the provisions of this code shall require the approval of the board of adjustment pursuant to Section 32-66 of the code.

(f)

Structural requirements.

(1)

All signs shall comply with structural requirements as established by the Code of the City of Newark, Chapter 7, 1970 Building Officials Conference of America Basic Building Code, Article 14.

(g)

Permits. See BOCA building code for permit requirements.

(h)

Insurance.

(1)

No sign shall be erected, installed, removed or rehung until a valid certificate of insurance has been filed in writing with the building inspector. However, such certificate shall only apply to signs overhanging or within public property or a public right-of-way.

(2)

The obligation herein specified shall remain in force and effect during the life of every sign so covered and shall not be canceled until after 30 days' notice to the building inspector.

(i)

Inspection, removal and safety.

(1)

Inspection. Signs for which a permit is required shall be inspected at least once each year by the building department. This inspection shall ensure compliance with this chapter and other associated codes of the City of Newark.

(2)

Maintenance. All signs and components thereof shall be kept in good repair and in safe, clean, and attractive condition.

(3)

Sign removal. The building director may order the removal of any sign erected or maintained in violation of this code. He shall give 15 days' notice in writing to the owner of such sign, or of the building, structure, or premises on which such sign is located, to remove the sign or bring it into compliance; however, the building director may give 24 hours' notice in writing if such signs are portable, temporary, or otherwise easily removable. The building director may remove a sign immediately and without notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public.

(4)

Abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it, the building department, City of Newark, shall give the owner 15 days' written notice to remove it. Upon failure to comply with this notice, the building director or his duly authorized representative may remove the sign at cost to the owner.

(5)

Where a successor to a defunct business agrees to maintain the conforming signs as provided in this chapter, this removal requirement shall not apply.

(6)

Notice to remove illegal sign(s) shall be deemed continuing for one year following the time of receipt of a written notice by certified letter from the city. The owner or person in control, or the agent of the owner or person in control of any property where an illegal sign(s) is constructed which has for any year received notice above set forth in this subsection, shall be deemed to have notice for the remainder of the year, and no additional notices will be made by the city. A summons shall be issued for any violation after the initial notice to remove an illegal sign in any year.

(j)

Shopping center identification sign. A shopping center identification sign may be allowed without regard to size or shape if the sign or signs are approved by the planning commission and council as part of the subdivision approval procedure. Such signs would be considered to be conforming signs. Existing shopping centers may apply for amendment to their subdivision plan for the purpose of making their shopping center identification sign a conforming sign. Existing shopping centers without an approved subdivision plan which were in existence prior to the adoption of the subdivision regulations, may apply for a shopping center identification sign by submission of an application for approval of a sign plan to the planning commission for recommendation to city council.

(k)

Subdivision development signs used for the purpose of advertising the sale of lots or other parcels of land. Such signs shall be subject to the following conditions:

(1)

Standards shall be as follows:

a.

Maximum number unlimited, but minimum distance between such signs shall be 1,000 feet.

b.

Maximum area shall be 60 square feet.

c.

Maximum height shall be ten feet.

d.

Maximum width shall be ten feet.

e.

Maximum setback shall be the same as for a residence in the same zoning district. There shall be at least one vacant lot between such a sign and occupied lots.

f.

Illuminated signs not permitted.

g.

Insurance required.

h.

Permit required.

(2)

Any such sign may advertise only the area on which the sign is located and areas connected directly thereto, and not the sale of lots elsewhere, or the realtor's, developer's, or owner's business in general.

(3)

Such signs shall be limited to those developers or owners having for sale a minimum number of 12 lots in one unbroken development area. Such lots must be in one contiguous area with no more than 25% of the lots having building improvement erected thereon at the time of application for a sign permit.

(4)

Such signs shall be removed when 75% of the lots have building improvements erected upon them.

(5)

Such sign shall be made by a professional sign painter and maintained in good order and condition. The area within 15 feet shall be kept free of weeds and tall grass.

(6)

Such a sign shall be removed within two years of erection.

(l)

Banners, pennants, and noninstitutional flags.

(1)

Pennants shall be permitted to control ingress or egress to undeveloped property or property under construction, or to designate restricted areas within such property, for properties under construction or repair, or for purposes of public safety. No sign permit shall be required. Otherwise, pennants shall not be permitted.

(2)

Banners shall be permitted in business or industrial zoning districts for advertising a special sales event, grand openings, or similar activities if attached to a wall; maximum area shall be determined by the following formula:

a.

Zero feet to 30 feet of front footage—30 square feet or two and one-half times the linear front footage, whichever is greater.

b.

31 feet to 100 feet of front footage—75 square feet or two times the linear front footage, whichever is greater.

c.

101 feet and above of front footage—200 square feet or one and one-half times the linear front footage, whichever is greater.

In the case of a property or business facing more than one street, signs shall be permitted as per the standard on each frontage and in the case of businesses in shopping centers, the front footage shall be calculated based on the width of the business; maximum number of one per business, except as otherwise regulated; banners on walls shall not be combined with flags or freestanding banners. In the case, however, of any business providing alcoholic beverages for consumption on and off the premises banners shall not contain any message regarding happy hours, reduced priced alcoholic beverage specials or any other form of alcoholic beverage promotional information. This subsection regarding alcoholic beverage banners to take effect within 180 days of its adoption. No sign permit required.

(3)

Noninstitutional flags and/or freestanding banners attached to poles, shall be permitted so long as they do not contain statements or commercial messages of any kind; such flags shall be set back five feet; maximum number of one per 25 feet of street frontage, with flags permitted on all street frontages for, property facing more than one street; the maximum area for each flag shall not exceed 24 square feet; noninstitutional flags or freestanding banners shall not be combined with wall banners; a sign permit is not required.

(4)

Other temporary signs not the same or similar to those described in this section shall be regulated as per the requirements of Section 32-60(a) for temporary signs.

(Ord. No. 76-27, 6-14-76; Ord. No. 76-36, Amend. Nos. 1, 2, 7-26-76; Ord. No. 81-12, Amend. No. 1, 2, 3-23-81; Ord. No. 82-18, Amend. Nos. 1, 2, 6-28-82; Ord. No. 83-25, Amend. Nos. 1—11, 11-14-83; Ord. No. 88-4, Amend. Nos. 2, 3, 2-22-88; Ord. No. 91-36, Amend. No. 2, 3, 11-25-91; Ord. No. 98-2, Amend. No. 1, 1-12-98; Ord. No. 01-7, Amend. No. 4, 5-14-01; Ord. No. 02-14, Amend. No. 2, 7-8-02)

(a)

Signs shall be permitted in accordance with regulations listed below and in accordance with other applicable regulations of this article.

(1)

Standards for residential zoning districts. Signs shall be permitted in all residential zoning districts per the following standards:

(2)

Standards for business zoning districts shall be permitted in all business districts as per the following standards.

(3)

Standards for industrial zoning and office research districts. Signs shall be permitted in all industrial and office research districts as per the following standards:

(4)

Standards for parkland districts. Signs shall be permitted in all parkland districts as per the following standards:

(b)

Special sign districts.

(1)

A sign exception granted by the board of adjustment for signs located within the areas listed below shall be subject to the following restrictions:

a.

Cleveland Avenue. Beginning at the intersection of the B & O Railroad Company right-of-way and North Chapel Street; thence easterly along the center line of the B & O Railroad Company right-of-way to its intersection with the Kirkwood Highway; thence due north to the boundary line of the City of Newark; thence westerly along the present boundary line of the City of Newark to a point on Margaret Street extended to the boundary line of the City of Newark; thence southerly along the center lines of Margaret Street extended and the center line of Paper Mill Road and North Chapel Street to North Chapel Street's intersection with the B & O Railroad Company right-of-way. Properties located in this area may have nonconforming signs provided that said signs, whether ground or roof, shall not extend more than 25 feet above grade. A roof or projecting sign, existing or constructed under a sign exception, shall not extend above the top line of the roof, or the top of the parapet, of the building on which it is constructed.

b.

South College Avenue. Beginning at the southerly side of the intersection of West Chestnut Hill Road (State Route No. 4) and South College Avenue and extending 100 feet on either side of the center line of South College Avenue; thence southerly and extending 100 feet on either side of the center line of South College Avenue to Interstate Highway No. 95. Properties located in this area may have nonconforming signs provided that said signs, whether ground or roof signs shall not extend more than 25 feet above grade. A roof or projecting sign existing or constructed under a sign exception shall not extend above the top of the roof, or the top of the parapet of the building on which it is constructed.

c.

Industrial Park. Beginning at the intersection of Cooch's Bridge Road the northerly side of the right-of-way of Interstate Highway No. 95; thence along the northerly side of the right-of-way of Interstate Highway No. 95 to Purgatory Swamp Road; thence northerly along Purgatory Swamp Road to the Industrial Boulevard (Bellevue Road); thence along the Newark city line westerly along the northerly side of the Industrial Boulevard (Bellevue Road) to the westerly side of the Penn Central tracks; thence northerly and westerly along the Newark city line to Yorkshire; thence along the southerly boundary line of Yorkshire to Cooch's Bridge Road; thence southeasterly along the easterly side of Cooch's Bridge Road to the right-of-way of Interstate Highway No. 95. Properties located in this area may have nonconforming signs provided that said signs, whether ground or roof, shall not extend more than 60 feet above grade for all existing signs that meet all other applicable state and federal regulations. No new signs shall be permitted in this sign district above 30 feet. A roof or projecting sign existing or constructed under a sign exception shall not extend above the top line of the roof, or the top of the parapet of the building on which it is constructed.

(2)

All signs existing or built pursuant to a sign exception granted by the board of adjustment under Section 32-59(e) will be permitted to continue to exist after December 1, 1980 if located in the above set forth special sign districts.

(Ord. No. 76-27, 6-14-76; Ord. No. 79-1, 1-8-79; Ord. No. 79-36, Amend. No. 1, 8-27-79; Ord. No. 82-18, Amend Nos. 3, 4, 6-28-82; Ord. No. 83-25, Amend. No. 12, 11-14-83; Ord. No. 89-4, 2-13-89; Ord. No. 91-11, Amend. No. 1, 3-25-91; Ord. No. 98-2, Amend. No. 2, 1-12-98; Ord. No. 02-14, Amend. No. 3, 7-8-02; Ord. No. 25-17, Amend No. 1, 7-14-25)

The repeal of Article XVII, Signs, provided for in Ordinance No. 76-27 shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or occurring prior to the passage of said ordinance as the same relates to Article XVII, Signs.

(Ord. No. 76-27, 6-14-76)