Nutley City Zoning Code
ARTICLE XII
Signs
§ 700-76 General provisions.
Purpose. The attractiveness of the Township of Nutley (the "Township") contributes to the general welfare and economic well-being of its citizens, property owners and business enterprises. The reasonable control of signage promotes a desirable visual environment and enhances public safety. The purposes of the regulations and standards that follow are:
A.
To encourage the effective use of signs as a means of communication;
B.
To maintain and enhance the aesthetic environment and the Township's ability to attract beneficial sources of economic development;
C.
To improve pedestrian and traffic safety;
D.
To attempt to minimize the possible adverse effect of signs on nearby public and private property values;
E.
To prevent unnecessary and dangerous vehicular traffic distractions;
F.
To enable fair and consistent enforcement of these regulations. This section is adopted under the zoning authority of the Township in furtherance of the more general purposes set forth in this chapter.
§ 700-77 Applicability.
The effect of this section, as more specifically set forth herein, is:
A.
To require the continuation of the Township's existing permit system to allow a variety of types of signs subject to the standards and the permit procedures of its local ordinances;
B.
To allow certain signs that are small, unobtrusive and incidental to the use of the respective buildings on which they are located, subject to the requirements of this chapter, but without a requirement for permits;
C.
To provide for temporary signs without commercial messages in limited circumstances; and
D.
To prohibit all signs not expressly permitted by this chapter.
§ 700-78 Exempt signs.
The following signs shall not require a sign permit to be issued by the Township for their installation and shall be permitted as follows:
A.
Temporary civic, cultural and public service window posters, when posted inside windows of commercial establishments, provided they are only permitted in one window per establishment and do not, individually or combined, occupy more than 20% of the total area of said window or five square feet, whichever is less. Temporary window signs are permitted on ground-floor windows only. Temporary civic, cultural and public service banners shall also be permitted to be posted on areas designated by the Township of Nutley Public Works Department as public areas. Any such banner shall comply with the requirements of this chapter and may be erected up to two weeks prior to the advertised event and must be removed no later than five days following the advertised event.
B.
Temporary promotional or special sales signs in windows of a commercial establishment when advertising that commercial establishment, provided they do not, individually or combined with other window signs, exceed 50% of the total area of the display windows. Temporary signs advertising a business opening or change in ownership of a commercial establishment, located on the premises of the commercial establishment, are also permitted, provided such signage does not exceed 50% of the window. All temporary signs shall have the date of installation printed clearly on the lower right-hand corner, as viewed from the exterior, and shall be permitted for a period not to exceed 30 days. Temporary promotional signs are permitted on ground-floor windows only. When more than one establishment is located at a single street address, the aggregate size of the signs for all establishments permitted by this subsection shall not exceed 50% of any one window.
C.
Temporary signs of a nonprofit or charitable organization located on the premises of such organization, provided such signs shall not exceed one per premises per event and do not exceed 32 square feet in area. Said signs shall be put in place no earlier than 60 days before the event and shall be removed within five days after completion of said event.
D.
One bulletin board sign not exceeding 12 square feet in surface display area shall be permitted for a house of worship or private, public and parochial schools, provided that, if not attached to the facade of the building, it shall be located no closer than 10 feet to the street line and not exceeding five feet in height. Such signs may be illuminated by direct exterior lighting, provided that the latter is so screened that light is not directed or reflected toward any adjacent residence or street.
E.
Incidental signs, and signs posting property as "private property," "no trespassing" or similar signs, which do not exceed two square feet in area. No such signs shall be neon signs. No property or structure shall contain more than five incidental signs.
F.
Temporary signs denoting the architect, engineer or contractor, when placed upon the site under construction or demolition, provided such signs shall be limited to one sign per site and shall not exceed 16 square feet in area per sign face. Sign shall provide a start and proposed finished date, a sketch or photograph of the proposed building. Signs shall be located not less than five feet beyond the front property line; shall not be illuminated, and shall be limited to a time period of 30 days from the start of said services unless granted additional time by the Construction Official. Contractor signs are allowed in all zoning districts and shall require a permit. The fee for the sign permit shall be $100.
[Amended 10-6-2015 by Ord. No. 3320]
G.
Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the building or grounds occupied by the organizations and the American flag, wherever flown in accordance with the laws and rules promulgated by the federal government.
H.
All signs located within buildings that are not visible to the public from the outside of said building.
I.
Banners and flags used to signify a "grand opening" or special occasion, provided such banners and flags which shall require a permit may be erected up to two weeks prior to the event and are removed within 30 days of the date first erected.
§ 700-79 Prohibited signs.
The following signs shall be prohibited:
A.
Fluorescent signs.
B.
Neon signs or lighting, except when used in a window to advertise a particular product sold by the establishment seeking to install the sign, which shall be limited to no more than two such signs per street frontage.
C.
Marquee signs, except for uses that typically utilize such signs.
D.
Signs on roofs, dormers and balconies.
E.
Billboards; billboard signs. No sign otherwise lawful under this section shall be prohibited because of this provision.
F.
Signs mounted upon the exterior side or rear walls of any building or structure, except as otherwise permitted hereunder.
G.
Animated, moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lights, which display movement or the illusion of movement, including interior signs visible from the exterior of the premises, except for clocks, temperature displays, or signs commonly known as barber poles used in conjunction with barbershops.
H.
Changeable message signs, except when utilized in connection with municipal, Township school or houses of worship property.
I.
Signs erected, painted or composed of fluorescent, phosphorescent or similar material. Banners, strings of banners and pinwheels, strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether part of a sign or not. These items shall not be affixed to public service utility pole, telephone utility pole or any other pole, street sign, traffic signal pole, tree or installation on or along any public street, public right-of-way or any other public property, or on any public building.
J.
Balloons and inflatable signs.
K.
Signs attached to vehicles. It shall be unlawful to use a vehicle or a trailer to display a sign in circumvention of this section. Printed signage on the sides of commercial vehicles shall not be precluded hereunder.
L.
A-frame signs, except as permitted herein.
M.
Signs painted on the exterior walls or facade of a building.
N.
Signs on accessory buildings or structures.
O.
It shall be unlawful for any person to erect, locate, relocate or maintain any sign which falsely identifies the premises or occupant of any premises or building, or which falsely advertises for sale on any premises or in any building any product or service not available therein.
P.
Whenever there is a change in occupancy of a building or premises, including any vacancy of such building or premises, the message of any sign or signs which identify or advertise an individual, business, service, product or other item that is no longer present or available in the building or on the premises, and any attendant or incidental supporting framework or signage structure shall be promptly removed.
Q.
Any other type of sign not otherwise permitted.
R.
Pylon signs: any business sign supported by uprights, braces or masonry wall which is attached to the ground and is not attached to any building, exceeding five feet in height to the top of the sign. Pylon signs are prohibited in all zones. An example of a pylon sign is a gas station sign.
§ 700-80 Lighting and illumination.
Any sign permitted by the provisions of this chapter may be illuminated as permitted in this section, except that real estate signs shall be nonilluminated. Signs may be externally illuminated, provided that they comply with the following standards. For the purpose of administering this section, an "internally illuminated" sign shall be defined as a sign that is illuminated by a light source that shines through the letters or logos from the back of the sign. "Externally illuminated" signs shall be defined as signs that are illuminated by a light source that shines directly on the surface of a sign or which shines on the wall upon which applied letters are installed, and which light source is designed specifically to illuminate only the sign or applied letters.
A.
Internally illuminated signs. Internally illuminated signs are allowable.
B.
Externally illuminated signs. Externally illuminated signs shall only be permitted where the sources of illumination are shielded in such a manner that light is not directed to the street or adjoining property.
C.
No sign shall be lighted by means of flashing or intermittent illumination.
D.
Floodlights or spotlights used for the illumination of signs, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign. Gooseneck reflectors and lights shall be permitted; provided, however, that the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.
E.
In no instance shall the light intensity of any illuminated sign exceed 75 footcandles measured with a standard light meter measured at any point in front of the sign at a distance that is no greater than the smallest horizontal or vertical dimension of said sign.
F.
All sign lighting shall be turned off no later than 30 minutes after the closing, except signs in residential zones shall not be lit beyond 10:00 p.m.
§ 700-81 A-frame signs.
A-frame signs shall be permitted as follows:
A.
The area of each signboard, single-sided, does not exceed six square feet;
B.
The signboard is constructed of building compatible material;
C.
Letters are painted, vinyl die cut or legibly handwritten;
D.
The sign shall not be located within the county, state or Township right-of-way, and sidewalks, and its location does not interfere with pedestrian or vehicular circulation;
E.
The information displayed is limited to daily specials and/or hours of operation; and
F.
The sign is removed at the end of the business day.
G.
No more than one A-frame sign shall be permitted for use in connection with any structure.
§ 700-82 Signs in R-1A, R-1AA, R-1, R-2 and R-3 Zoning Districts.
In R-1A, R-1AA, R-1, R-2 and R-3 Zoning Districts, no sign shall be permitted except the following: a nameplate sign bearing the name of the residence or professional person residing on the premises and, in the case of a professional person, indicating his profession, provided that such sign shall not exceed 1 1/2 square feet in area; a temporary sign not exceeding 12 square feet in display area pertaining to the lease or sale of the lot or buildings on which it is placed. Not more than one nameplate for each dwelling unit or more than one "for sale" sign per lot shall be permitted. In single-structure multifamily dwellings, one identification sign shall be permitted for each multifamily dwelling. Such sign shall be a facade sign or a ground sign limited to eight square feet in area. If a ground sign, the sign shall be no higher than five feet above the ground and shall be set back 18 feet from the front property line.
§ 700-83 Signs in B-1 and B-2 Zoning Districts.
A.
In Zoning Districts B-1 and B-2, no sign or any portion thereof shall be permitted except the following business signs:
(1)
Flat signs which shall not project more than nine inches beyond the building facade.
(2)
Any illuminated flat signs, which shall not project more than nine inches beyond the building facade.
(3)
Projecting signs provided same are designed of material compatible with the building to which they are affixed and are no greater than two feet by three feet if four sided or 36 inches in circumference if circular or oval in shape.
B.
The permitted total surface display area of business signs for a premises shall not exceed, in number of square feet, the figure produced by the application of the following formulas:
(1)
For premises not located on a corner lot, the maximum signage surface area shall be no greater than the building frontage width in linear feet multiplied by a factor of 1 1/2.
Building Width x 1.5 = Maximum Square Footage |
(2)
In the case of a corner lot, such square foot display area may be increased by the number of square feet equal to 1/3 of the product obtained by multiplying the number of linear feet in the length of the building that faces the secondary street by 1 1/2. The increased display area shall only be utilized by the erection of a permitted sign on that part of the premises which fronts the secondary street on the corner lot.
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(3)
For premises on a lot abutting a public parking lot, the maximum permitted signage surface area shall be no greater than the building frontage width in linear feet for the primary street multiplied by a factor of 1 1/2, plus the sum of the building frontage width in linear feet for the section abutting the public parking lot multiplied by a factor of 1 1/2, then multiplied by a reduction factor of 1/3 which said increased display area shall only be utilized by the erection of a permitted sign on that part of the premises which abuts said public parking lot.
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C.
In no event shall the maximum display area for a premises exceed 150 square feet.
§ 700-84 Signs in B-3, B-3A, B-4 and M-O Zoning Districts.
A.
In Zoning Districts B-3, B-3A, B-4 and M-O, no sign or portion thereof shall be permitted except the following business signs:
B.
The permitted total surface display area of business signs, including ground signs, shall be the number of square feet determined by the application of the formula set forth above, including the exception for a corner lot and the exception where premises abut a public parking lot. In no event shall the maximum display area for a premises exceed 150 square feet. The total surface display shall include both sides of a double-faced sign.
§ 700-85 Signs in M and M-1 Zoning Districts.
In Zoning Districts M and M-1, the controls governing signs shall be the same as those for the B-3, B-4 and M-O Zoning Districts, except that in no event shall the maximum display area for a premises exceed 200 square feet.
§ 700-86 Private schools, clubs and permitted institutional uses.
Private schools, clubs and permitted institutional uses may identify themselves with one nameplate sign not exceeding nine square feet of surface display area, provided that, if the sign is not attached to the facade of the building, it shall be set back from the street line a distance of 18 feet.
§ 700-87 Garden apartment and townhouse developments.
Bulletin board directory signs not exceeding 12 square feet of surface display area shall be permitted in garden apartment and townhouse developments, provided that only one such sign shall be maintained for each street frontage upon which the garden apartment or townhouse development fronts, that such sign or signs shall be set back from the street line a distance of 18 feet and that only backlighting shall be used to provide artificial illumination.
§ 700-88 Termination of business.
At the termination of a business, commercial or industrial enterprise, all signs pertaining thereto shall be removed from the public view within 30 days from the date the premises are vacated. Removal shall include the face of the sign and any framing, brackets or supports. Any replacement signs shall require new sign permits. Responsibility for violation shall reside with the property owner, according to the latest tax roll's listing.
§ 700-89 Location of signs using the colors red, amber or green.
Signs in which the colors red, amber or green are used in direct illumination or in high reflection by the use of special preparations such as fluorescent paint or glass shall not be located within 100 feet of any approved traffic light or other safety device using red or green.
§ 700-90 Required signature on signs.
All applications for signs herein permitted shall be signed by the owner of the property or his authorized or designated agent.
§ 700-90.1 Political signs.
A.
For purposes of this section, the term "political signs" shall be defined as signs advancing the candidacy of any candidate or group of candidates for public office; and any such signs posted or displayed on licensed motor vehicles in operating conditions; provided, however, that no such vehicle is parked or placed in any location for the primary purpose of displaying any such sign, it being the intention of this section to eliminate the distracting or unsightly condition created by the parking or standing of motor vehicles bearing signs at or adjacent to trafficked areas for the purpose of displaying such sign.
B.
Restrictions.
(1)
No political sign shall be permitted on any public service utility pole, telephone utility pole or any other pole, street sign, traffic signal pole, tree or installation on or along any public street, public right-of-way or any other public property, or on any public building.
(2)
Any political sign erected on a vacant lot shall conform to the square foot limitations of political signs in the zone in which it is located and be set back from the street at least 10 feet, and there shall be no more than five political signs placed on any vacant lot or property.
(3)
Political signs in R-1A, R-1AA, R-1, R-2 and R-3 Zoning Districts shall not exceed four square feet for each sign set at least 15 feet back from the property. No permit shall be required for any political sign in these zones.
(4)
Political signs in B-1, B-2, B-3, B-3A, B-4, M-O, M and M-1 Zoning Districts shall not exceed 16 square feet and shall meet the setback requirements for temporary signs in those districts where the signs are posted. Each candidate shall be limited to 12 signs in these zones (exclusive of signs at a designated campaign headquarters) located in the Township for which a permit shall be required. The number of signs on each property in these zones will be limited to the number of public offices available for each category. For example: if three Board of Education Seats are up for election, three signs would be permitted regardless of the number of candidates.
(5)
Any privately owned building or part thereof designated and serving as the campaign headquarters of any candidate or groups of candidates for election for public office shall be permitted one or more signs not exceeding a total of 30 square feet cumulatively in B-2, B-3, B-3A, B-4, M-O, M and M-1 Zoning Districts or a total of 16 square feet cumulatively in R-1A, R-1AA, R-1, R-2 and R-3 Zoning Districts.
(6)
No such sign shall be erected, posted or displayed more than 30 days prior to the date of the election to which such sign pertains, and any such sign shall be removed not more than five calendar days after the date of such election.
(7)
Political billboards are prohibited.
§ 700-90.2 Awnings and awning signs.
A.
Awnings are permitted in all zoning districts.
B.
Awning signs shall be permitted only in Zoning Districts B-1, B-2, B-3, B-3A, B-4, M, M-O and M-1.
(1)
Awnings and awning signs which are located in a zoning district wherein awning signs are permitted shall be subject to the following minimum design standards:
(a)
Awnings and awning signs shall project no more than three feet from the facade of the building to which they are attached, but not farther than the awnings on the same side of the street within 200 feet on either side.
(b)
Awnings and awning signs or any other type of projecting sign which projects over a street right-of-way shall be subject to an indemnification and hold harmless agreement between the store or the property owner and the Township, in a form acceptable to the Township, such that the Township is not held responsible for the loss of or damage to property or injury to persons occurring in or about the premises of the property owner by reason of installation and presence of said awnings.
(c)
Any lettering or logos displayed on the awning sign shall be included in the permitted surface display area established in Article XII of this chapter.
(d)
The lettering or logos on awnings shall represent no more than 35% of the total permitted surface display area for signs for the subject premises.
(e)
No lettering or logo is permitted on the side of the awning.
(f)
Awnings that are lit by external lights that are intended to highlight the awning and are not for security reasons shall be considered an awning sign.
(g)
Segmented lighting on an awning sign shall be prohibited.
(h)
The surface display area of an awning sign shall include the area that has any lettering or logos displayed and any area which is lighted internally or externally, whether or not the lighted area has lettering or logos.
(i)
The minimum height above the sidewalk for awnings and the awning signs shall be at least seven feet six inches at the lowest point of the awning, but not higher than the awnings on the same side of the street within 200 feet on either side. Awning signs shall not extend over the second story, nor over 12 feet six inches above grade, whichever is less.
(j)
Awnings and awning signs shall meet all requirements of the Uniform Construction Code.
(k)
Awnings shall be limited to: tan, brown, hunter green, Navy blue, black, maroon.
§ 700-90.3 Signs in Old Towne District.
A.
In addition to all signage permitted in B-1 and B-2 Zoning Districts, the following signs shall also be permitted in the Old Towne District:
B.
For the purpose of this section, the term "Old Towne District" shall mean that area of the Township: i) on Passaic Avenue from Chestnut Street to Nutley Avenue; and ii) on Chestnut Street from Park Drive to Passaic Avenue.