Newark City Zoning Code
Chapter
41:9 Signs
§ 41:9-1 Purpose.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
It is the purpose of this Chapter to promote the public health, safety, and general welfare through reasonable, consistent, and nondiscriminatory sign standards. The standards in this ordinance are content-neutral and are not intended to censor speech. The standards are intended to regulate the secondary effects of signage as a medium of speech and their impacts on aesthetics, traffic, and pedestrian safety. The regulation of signage within the City of Newark is a means to promote a desirable visual environment, provide adequate light air and open space, and ensure the public health, safety, and welfare by promoting safety for pedestrians, cyclists, and the motoring public.
§ 41:9-2 Exemptions.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The following signs shall be exempt from all signage requirements:
a.
Any public notice or warning required by a valid and applicable Federal, State, County or local law, regulation or ordinance.
b.
Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than 10 feet beyond the lot line of the lot or parcel nearest to where such sign is located.
c.
Seasonally appropriate holiday lights and decorations with no commercial message. However, such lighting can only remain for no more than three months.
d.
Traffic control signs on private property, which meet Department of Transportation standards, and which contain no commercial message of any sort.
e.
Flags of the United States, New Jersey, the City of Newark, flags of any foreign nation, or other flags with purely non-commercial purposes.
f.
Pump mounted fuel price informational signs subject to the following:
i.
Only one fuel price informational sign shall be permitted per fuel pump nozzle.
ii.
Fuel price informational signs shall be limited in size to an area of 216 square inches in accordance with State and Federal regulations.
iii.
Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.
iv.
Nothing herein shall be construed to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this section.
g.
US Postal Regulation mailboxes.
§ 41:9-3 Temporary Signs.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
All temporary signs shall have the date that the sign is installed in the lower left corner, written legibly. No such sign shall be permitted that would, in the opinion of the Zoning Officer, interfere significantly with vehicular or pedestrian traffic. All such signs shall be of professional quality. A temporary sign which does not comply with the time limitations shall become a permanent sign and shall be subject to compliance with all standards of this Chapter, which may require the sign be removed or a approval sought. The following temporary signs shall be permitted without a permit.
1.
Signs associated with active construction sites, to be removed upon completion of construction.
2.
Sandwich board or sidewalk signs shall be permitted associated with a specific business only during business hours. Sidewalk signs shall not obstruct pedestrian passage along the sidewalk and shall maintain a minimum clear width of six feet.
3.
Rental or Leasing Signs.
a.
One sign advertising the sale or rental of an individual unit or commercial space on the premises upon which they are located shall be permitted provided that the sign is no more than eight square feet and removed within one week of the date of sale or rental of the property.
b.
One rental or leasing sign or banner securely affixed to a building facade, advertising a development in a new or substantially rehabilitated building shall be permitted for a total of 180 days which may begin prior to certificate of occupancy. Such banner or leasing signs shall be subject to review either as part of a site plan application or by the zoning officer. The area of the sign shall not exceed 100 square feet and the sign shall be exempt from placement and location restrictions contained elsewhere in this Chapter.
4.
Political signs provided that they fully comply with Section 29:22-1 et seq. of the Revised General Ordinances of the City of Newark.
5.
Grand opening signs or banners shall be permitted, provided the sign does not exceed 70 square feet and is not displayed for a period greater than four weeks.
6.
Special event signs shall be permitted for a period not to exceed 14 days. One special event sign shall be permitted per property and the sign shall not exceed 20 square feet in area.
§ 41:9-4 Prohibited Signs.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Sign Prohibitions for All Districts:
a.
Billboards shall be prohibited except as permitted by conditional use in Section 41:6-2-11 of the Zoning and Land Use Regulations of the City of Newark.
b.
No signs shall be placed on municipal fences, walls, railway or road bridges, bridge supports or abutments, retaining walls, parking meters or water towers unless approved by the City Council. Signs on trees and utility poles are prohibited.
c.
No roof signs, also known as "sky signs," mounted above the roofline of a building shall be permitted.
d.
No sign shall be placed on an accessory building.
e.
No sign shall be lighted by means of a varied illuminated light, nor shall any sign be in whole or in any part moving, mobile, revolving and/or electrically or mechanically activated.
f.
No sign shall be allowed with the optical illusion of movement by means of a design which presents a pattern capable of reverse perspective or giving the illusion of motion or changing copy.
g.
No signs shall be allowed that are placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way, where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity. This is not intended, however, to prohibit signs placed on or affixed to vehicles, buses or trailers where the sign is incidental to the primary use of the vehicle or trailer. The vehicle shall remain in fully operable condition and be driven or moved by its own power at least once per week.
h.
No sign shall be allowed which obstructs any window or door opening to the point of jeopardizing public safety. Additionally, no sign shall obstruct the view of any building's existing decorative architectural features.
i.
No sign shall be allowed which obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.
j.
Awnings made of translucent material of any type are prohibited.
§ 41:9-5 Permit Procedure.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
No sign except those exempted in subsections 41:9-2 and 41:9-3 above shall be placed, constructed, erected or modified unless a sign permit shall have been obtained from the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained from the Construction Official.
2.
When installation or modification of a sign has been approved by the Board as part of a development application, a sign permit shall be issued only if the proposed sign is consistent with the Board's approval.
3.
Where a proposed sign is not consistent with the requirements of this Chapter, the Zoning Officer shall refer the application to the appropriate Board for variance review. The Planning Board shall have jurisdiction over sign approvals when they are part of a new or amended site plan or subdivision application. The Zoning Board of Adjustment shall have jurisdiction if a variance pursuant to N.J.S.A. 40:55D-70.d is also required or if site plan or subdivision approval is not otherwise required.
§ 41:9-6 Measuring Signs.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The following methods of measurement shall be utilized for the purposes of calculating permissible signage:
a.
Individual Sign Area Measurements.
i.
The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, graphic illustration, picture, symbol of other display, together with any material or color forming an integral part of the background of the sign. For purposes of calculating sign area, any illuminated border including those which may frame the signage within a window shall be included in the sign area calculation and used to differentiate the sign from the backdrop or structure against which it is placed. This does not include any framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself.
ii.
No wall or canopy sign shall have more than two display faces. When a sign has two display faces such that both faces cannot be viewed from any one point at the same time, the sign's area shall be computed by the measurement of the larger of the two faces.
b.
Glazed Area. Any glazing in doorways shall be considered part of the glazed area. For purposes of calculating window signs, a window shall be considered the glazed area. Signs which are required by County, State, or Federal agencies shall be exempt from calculation of permanent signage.
c.
Measurement of Height. The height of a monument sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be considered to be the lower of the existing grade prior to construction of the newly established grade after construction, exclusive of any filing, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, the sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
§ 41:9-7 Electronic Message Center/Digital Display Signs.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Electronic Message Center and Digital Display signs shall not be permitted within the city. Where applications for variance to permit an Electronic Message Center/Digital Display Sign are made, the standards in this section shall be considered. Billboards shall not be subject to this subsection but shall be regulated in accordance with the standards in Section 41:6-2-11.
2.
Application Requirements. Applications for permits for electronic message center/digital display signs shall include all information typically required for sign permit and/or site plan or subdivision application along with the following information:
3.
General Requirements.
a.
Electronic message center and digital display signs are subject to the same sign type, placement, height, area, and design standards as other sign types as defined in Section 41:9-10.
b.
A maximum of one electronic message center or digital display sign shall be permitted per property.
c.
Animated or otherwise moving messages or images shall not be permitted.
d.
Transitions between messages shall be instantaneous and shall not utilize fade-ins, fade-outs, star-wipes, or other similar transitions that create the illusion of movement.
e.
The signs shall default to a black or similar dark color screen in the event of message or communication malfunction.
f.
The owner of a message center sign shall coordinate with the City Council to provide an opportunity to display, when appropriate, emergency information important to the traveling public. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.
4.
Luminance. Electronic message center and digital displays are subject to the following luminance limits. These standards ensure effective visibility of the sign while minimizing adverse impacts on neighboring properties and the motoring public:
a.
During daylight hours between sunrise and sunset, luminance shall be no greater than 5,000 nits.
b.
At all other times, luminance shall be no greater than 250 nits.
c.
Each sign shall have a light sensing device that automatically adjusts the luminance of the display as the natural ambient light conditions change to comply with the limits set herein.
5.
Message Duration. The length of time each message may be displayed on a message center sign or digital display is based upon the visibility and speed limit unique to the location of individual signs and the adjacent road conditions. The following method shall be used to calculate the minimum required message duration:
a.
Determine the greatest distance from which the sign becomes visible on the road from which the sign will primarily serve. If a sign is intended to be seen from more than one road, the road with the lower posted speed limit shall be used for determining message duration.
b.
Multiply the road's posted speed limit (MPH) by 5,280 and then divide by 3,600 to obtain the speed limit in feet/second.
c.
Divide the maximum visibility distance from a. by the speed limit in feet/second from b.
d.
Add an additional 10% to the total calculated in c.
e.
The resulting amount of time in seconds is the minimum permitted message duration. Where the result is less than eight seconds, the minimum message duration shall be eight seconds.
§ 41:9-8 Standards for Illuminated Signs.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Internal Illumination.
a.
Wall Signs shall be permitted to be internally illuminated through the use of channel letters or halo lighting mounted behind signs to create a glowing halo effect. Light box signs shall not be permitted.
b.
Free-standing signs shall be permitted to be internally illuminated provided that no more than 50% of the sign is translucent (meaning up to half the sign may allow illumination to pass, with the remainder opaque to prevent visible illumination).
c.
Internal illumination shall be static in intensity and color.
3.
Illuminated signs shall be extinguished 1/2 hour past the close of business of the facility being identified or advertised, unless otherwise required by State or Federal Law or if there is a demonstrated security need to maintain illumination. Signs shall be equipped with an automatic timer to comply with this subsection.
4.
All wiring and other equipment associated with illuminated signs shall be contained within the sign or a secure enclosure that obscures loose wires from general visibility.
§ 41:9-9 Nonconforming Signs.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity. Existing nonconforming permanent signs may continue to exist; however, when the sign is modified in either shape, size, illumination, material, or structure, the sign shall be altered to conform to the provisions of this section.
2.
Should any nonconforming sign be damaged for any reason by any means to an extent of more than 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this section.
§ 41:9-10 Signage Design and Measurement Requirements.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The following signs and standards and conditions that govern such signs are set forth in Table 9-1. All other signs are expressly prohibited unless otherwise regulated in this Chapter. The following design standards shall apply:
a.
Signs shall be in harmony and consistent with the architecture of the building and related to the features of the building in terms of location, scale, color, lettering, materials, texture and depth. Signs shall not be dominant but shall be proportionate and shall complement the building, existing signs and surroundings.
b.
There shall be consistent sign design throughout a particular project. The design elements include style of lettering, construction materials, size and illumination.
c.
Building signs shall not obscure, conflict with, or cover any architectural element and must be aligned with major building elements such as windows, trim and structure lines.
d.
No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less.
e.
Signs and sign structures of all types shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways, traffic signal or traffic directional sign in the intersection.
f.
The width of signs mounted on the ground floor for any nonresidential or non- industrial use may be 100% of the width of the portion of the wall area dedicated to the applicable use if that width is less than 30 feet, or 75% if the relevant width is 30 feet or greater.
2.
All signs shall comply with the standards enumerated in Table 9-1 below:
Table 9-1: Signage Design And Measurement Requirements | ||||
|---|---|---|---|---|
Signage Type | Maximum Total Area (SF) | Maximum Number | Maximum Height of Sign (feet) | Other Requirements |
SINGLE-, TWO-, THREE-, AND FOUR-FAMILY DWELLING | ||||
Wall Sign | 1 | 1 | Not to be located above the first floor on the building. | Home occupation or profession only. (Address numbers are exempt.) |
TOWN HOUSES AND ROW HOUSES; LOW-, MID- AND HIGH-RISE RESIDENTIAL | ||||
Wall Sign | 20 | 1 per street frontage for complex | Not to be located above the first floor on the building. | Building or complex Identification only - home occupation signs are not permitted for multi-family developments. |
OR | ||||
Monument | 25 | 1 per street frontage | 5 feet including base | Where permitted, monument signs shall be set back at least 5 feet from all property lines and 5 feet from all structures. |
MIXED-USE BUILDING WITH COMMERCIAL AND RESIDENTIAL USES | ||||
Wall Sign | 10% of the wall area associated with the tenant space but no greater than 50 square feet per sign. | Commercial: 1 per commercial tenant, per frontage occupied by the tenant | Not to be located more than 4 feet above the top of the door, window, or lintel line, whichever is tallest. | |
Residential: 1 per frontage | ||||
Projecting | 6 | 1 per commercial tenant per frontage occupied by the tenant | n/a | May project a maximum of 4 feet from the building. Minimum distance between the ground and the bottom of the sign is 8 feet; Sign must be hung by brackets at right angles to the facade |
Window | No more than 10% of glazed area for signs. | n/a | n/a | |
Awnings | To be used in lieu of wall signs, subject to same conditions | n/a | n/a | Awnings, which are not internally lit, may be used to display signage in lieu of a wall sign. However, an awning with no signage but for the name, address and phone number on the fringe of the awning with lettering no greater than 8 inches high may be used in addition to a wall sign. A minimum letter height of 12 inches shall be used |
Window Sign (above ground level) | 25% of the total glazed area of the windows applicable to the use. | 1 per street frontage | Signs may be located in the windows of the second or third levels of a building. | A sign for a commercial use above first level may be installed at the second or third level |
DETACHED COMMERCIAL/SCHOOLS/COMMUNITY CENTERS/PLACES OF WORSHIP/HOSPITAL OR MEDICAL INSTITUTIONS | ||||
Wall Sign | 10% of the wall area associated with the tenant space but no greater than 70 square feet per sign. | 1 per tenant, per frontage occupied by the tenant | Not to be located more than 4 feet above the top of the door, window, or lintel line, whichever is tallest. | |
For a single tenant building, 10% of the wall area but no greater than 100 square feet per sign. | ||||
Projecting | 6 | 1 per commercial tenant, per frontage occupied by the tenant | n/a | May project a maximum of 4 feet from the building. Minimum distance between the ground and the bottom of the sign is 8 feet; Sign must be hung by brackets at right angles to the facade |
Window | No more than 10% of glazed area for signs | n/a | n/a | |
Awnings | To be used in lieu of wall signs, subject to same conditions. | n/a | n/a | Awnings, which are not internally lit, may be used to display signage in lieu of a wall sign. However, an awning with no signage but for the name, address and phone number on the fringe of the awning with lettering no greater than 8 inches high may be used in addition to a wall sign |
Monument Sign | 25 square feet | 1 per street frontage | 5 ft. including base | Monument signs shall be set back at least 5 feet from all property lines and 5 feet from all structures. |
A minimum letter height of 12 inches shall be used | ||||
FUNERAL HOME OR MORTUARY | ||||
Wall Sign | 10 | 1 per street frontage | Not to be located more than 4 feet above the top of the door, window, or lintel line, whichever is tallest. | |
Monument Sign | 25 | 1 | 5 ft. including base | Monument signs shall be set back at least 5 feet from all property lines and 5 feet from all structures. |
A minimum letter height of 12 inches shall be used | ||||
AUTOMOTIVE SERVICE; AUTOMOTIVE SALES AND REPAIR | ||||
Wall Sign | 10% of the wall area but no greater than 50 square feet. | 1 per street frontage | Not to be located more than 4 feet above the top of the door, window, or lintel line, whichever is tallest. | |
Monument | 25 | 1 per street frontage | 5 | Monument signs shall be set back at least 5 feet from all property lines and 5 feet from all structures. |
SELF STORAGE | ||||
Wall Sign | 10% of the wall area but no greater than 100 square feet. | 1 per street frontage | n/a | |
Monument | 25 | 1 per street frontage | n/a | Monument signs shall be set back at least 5 feet from all property lines and 5 feet from all structures. |
ALL OTHER INDUSTRIAL USES | ||||
Wall Sign | 10% of the wall area but no greater than 100 square feet. | 1 per street frontage | n/a | |
Monument | 25 | 1 per street frontage | 5 | Monument signs shall be set back at least 5 feet from all property lines and 5 feet from all structures. |
3.
Other signs not listed in Table 9-1.
a.
Building types or uses not listed in Table 9-1 shall comply with the signage standards for the most similar or appropriate building or use as determined by the Zoning Officer.
b.
Office buildings of 12 stories or more with signs indicating the address or owning company's name or trademark image may be placed below the parapet line and above the top floor row of windows and shall be no more than 50% of the building width. Such signs shall be limited to business identification for the principal tenant or owner, who must occupy at least 40% of the building's total floor area. Such signs shall be limited to one tenant/owner per building and one sign per building elevation. Such signs shall be prohibited in the Downtown Business District on buildings under 110 feet in height. Such signs shall be prohibited on key and contributing historic buildings in historic districts as well as on individually landmarked buildings in all districts. Such signage shall not have a negative effect on any historic structure.
c.
Free-standing signs shall be permitted for detached commercial malls and strip centers with a minimum area of 40,000 square feet and a minimum lot frontage of 200 feet subject to the following: