Oaklyn City Zoning Code
ARTICLE XII
Signs
[Amended 8-13-1991 by Ord. No. 7-91; 1-5-2009 by Ord. No. 3-09; 12-8-2020 by Ord. No. 10-20; 12-10-2024 by Ord. No. 22-24; 7-14-2026 by Ord. No. 05-26]
§ 125-48 Purpose.
The provisions of this article shall apply to the construction, erection, alteration, use, type, number, location, size, design, and maintenance of all signs. This article is intended to regulate and control signs and their placement and construction throughout the Borough of Oaklyn for the following purposes:
A.
To provide a pleasing overall environmental setting and good community appearance deemed vital to the continued economic attractiveness of Oaklyn by:
(1)
Encouraging signs in areas of high sign concentration, such as neighborhood retail areas and highway corridors, so that the placement, color, shape, brackets, support structures, mountings, design and lighting promote good civic design that supports the visual quality and positive collective impact and image of such areas.
(2)
Promoting signs that, in addition to the standards herein, are also integrated with the overall design of their host building in a way respectful of and complimentary to the architectural character of the building.
(3)
Permitting signs that not only identify the presence of the business or use upon a thoroughfare, but also generate a positive collective impact upon the streetscape of an area.
B.
To create a more productive, enterprising, professional business atmosphere.
C.
To ensure that permitted signs do not become a safety hazard or nuisance.
D.
To promote traffic safety of the users of streets and highways in the community by providing adequate, readable signage that has been properly located to allow sufficient decision and vehicular maneuver time.
E.
To promote the design of signs in pedestrian corridors that focus upon pedestrian viewers and not automobile operators. To reduce distractions and obstructions from signs which would adversely affect traffic safety and to alleviate hazards caused by signs projecting over or encroaching upon public ways.
F.
To prevent business and advertising signs from conflicting with public safety signs.
G.
To prevent the overcrowding of land through multiple proliferation of signs on a single parcel of land.
H.
To promote the public safety and welfare of Oaklyn.
I.
To facilitate fire and police protection by proper sign identification.
J.
To protect and enhance the value of properties by eliminating visual chaos and pollution.
§ 125-49 Definitions.
For the purpose of this article, the following definitions shall apply:
ABANDONED SIGN
A sign no longer used for its original intent or a sign on a vacant, unoccupied, or abandoned property.
BANNER SIGN
A temporary sign which may or may not contain a message, constructed of cloth, canvas, plastic or other flexible material typically suspended or hung by cord, string or rope from a structure, which promotes an activity, special event or otherwise promotes a special event or the public good.
BILLBOARD
A sign advertising a product not sold or available on the property on which it is situated.
BUILDING FACADE and BUILDING FACADE AREA
That portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
BUSINESS SIGN
A sign located on or within close proximity of a business or commodity for sale or to a profession, service or entertainment rendered thereto.
CHANGEABLE-COPY SIGN
A sign which by manual, mechanical or lighting effects can have its copy or message changed apart from any reworking of the sign.
DECORATIVE FLAG
A flag displayed for decorative, and not official or patriotic, purposes.
FACADE AREA
The total area of the facade, including walls, windows, doors and fixtures below the elevation of the second story windows, or nine feet above existing grade, whichever is lower, that faces a public street, pedestrian walkway.
FLASHING SIGN
Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.
FREESTANDING SIGN
A pole, ground or pylon sign not attached to a building or structure.
FUNCTIONAL SIGN
A directional sign containing no advertising other than a name, either temporary or permanent, which serves as a convenience to the public to show direction to a place or activity, including, but not limited to, the location of rest rooms, telephones, first aid stations; and signs located on mechanical dispensing equipment that identifies a product.
ILLUMINATED SIGN
Any sign which is located and designed to be seen at night by virtue of an artificial light source from within, behind or upon such sign, but not including reflector-type signs unless the source of illumination is made a part of or is related to such sign.
LETTERING AREA
The area within the smallest quadrilateral that be drawn to contain the letters, numbers, and characters of the sign message, exclusive of decorative borders and other design elements.
MARQUEE or CANOPY SIGN
Any sign attached to a fixed shelter or roof, extending over a building line, which is supported by the building to which it is attached.
MOBILE SIGN
A sign not permanently attached to the ground or a building, including any sign mounted on or attached to a vehicle which is not capable of self-propulsion and registered with the New Jersey Division of Motor Vehicles.
PARAPET
That portion of a building wall that rises above the roof level.
POLE OR PYLON SIGN
A sign mounted on or supported by or suspended from a freestanding column, pipe or pole.
POLITICAL OR CAMPAIGN SIGN
A sign expressing support for or opposition to a candidate for public office or an issue specific to a current (within the calendar year) election or referendum, and shall include such political paraphernalia as posters, bumper stickers (stationary), banners or the like.
PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure; or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to "A" menu and sandwich board signs; balloon used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way unless such vehicles are used in the normal day-to-day operation of the business.
PROJECTED SIGN
A sign which is cast, reflected or shown on a wall, screen or other surface, whether for a continuous period or not.
ROOF SIGN
A sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
SIGN
A name, identification, description, illustration or any other visual display which is affixed to, painted on or represented directly or indirectly upon any building, structure or land and which directs attention to an organization, business, product, service or individual. Includes banners, streamers, whirling or illuminated devices or any other type of attention-attracting device and may be a single-display, double-display, multiple-display, or V-type structure.
SIGN AREA
The entire space within a sign's continuous perimeter, enclosing the extreme limits of all words, devices or emblems but not passing through or between any adjacent elements. In computing the area of a sign with two display surfaces, the area of the larger surface shall be considered the sign area. In computing the area of a sign with two display surfaces that are identical, only one side should be considered. In computing the area of signs with three or more display surfaces, the area shall be computed by adding the total surface area of the sign and dividing by the number of display surfaces utilized by the sign. The "display surface" of a sign shall mean all sides and faces of a sign that can be viewed from one location. In computing the area of a V-type sign, if both sides are identical and the interior angle of which is less than 45°, only one side should be considered; a V-type sign which does not have two identical sides and the interior angle of which is 45° or greater shall be computed as both display faces comprising the sign area.
TEMPORARY SIGN
A sign erected for a relatively short period of time, which period shall be terminated by the work, event, or occurrence of the event to which it refers, and in all respects the same as a sign which is not temporary insofar as matters of location, construction and public safety are concerned.
UNDER-CANOPY SIGNS
A sign attached to the underside of a canopy.
V-TYPE SIGN
A permitted V-type sign means a sign in which the V is in a horizontal plane; an inverted V-type sign or one which rests upon the two edges spread apart on the ground with no other support or anchorage shall not be permitted in the interest of public safety.
WALL SIGN OR FACADE SIGN
A sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.
§ 125-50 General requirements.
The following regulations shall govern signs for all uses within the Borough:
A.
All signs shall be subject to the provisions of the Building, Construction, Maintenance and Fire Codes of the Borough. A zoning permit must be obtained prior to the erection, construction, installation, alteration or relocation of any sign.
B.
The text of all signs shall be limited to identification and functional purposes only. Identification signs shall contain the principal name of the establishment, firm or proprietor, its address and a brief description of the principal goods or services offered. The text of a sign may also include a logogram or symbol of the use which it identifies.
C.
The provisions of this article shall not apply to works of art, statues, sculpture, fountains, holiday decorations and similar objects which do not fall within the definition of a sign contained in § 125-49 of this article.
D.
Maintenance. The area surrounding a sign shall be kept clean, free of litter and landscaped. Whenever a sign becomes structurally unsound, or hazard to the public or a building, or not maintained, the Building Inspector and/or Zoning Official shall order that the sign be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected. Failure to comply with such order within 10 days of the receipt thereof will be deemed a violation of this chapter and subject to the penalties stated within said Code, as administered and enforced by the Borough.
E.
No sign, except official street or highway signs or functional signs, shall be located within 20 feet of the existing or proposed right-of-way of any public road or street.
(1)
In Block 60, Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Redevelopment Area Overlay Zone, no sign, except official street or highway signs or functional signs, shall be located within three feet of the existing or proposed right-of-way of any public road or street.
F.
No sign shall exceed 20 feet in height.
G.
No wall sign shall extend beyond three feet of the building facade on which it is mounted. This should conform to handicap compliance and unless it is higher/lower than the constraints of ADA and ANSI it should not be permitted.
H.
All signs shall conform to the provisions of Title 27 of the New Jersey State statutes.
I.
No sign shall be erected or placed in a position which will cause danger to traffic on a street or within a parking lot by limiting the vision of drivers or obstructing the flow of traffic; nor shall any sign be so located as to obstruct a clear view at street intersections, at driveway entrances or other locations deemed to be hazardous.
J.
Signs advertising or identifying a business or use no longer in existence or a product no longer available shall be promptly removed.
K.
No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of the Borough's Zoning Ordinance as it applies to the property on which the sign is located.
L.
No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m. the following morning unless the business or use so advertised is open to the public later than 10:00 p.m., in which case the establishment may keep its sign illuminated until the business closes, but not after.
(1)
In Block 60, Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Redevelopment Area Overlay Zone, this provision is not applicable inasmuch as the proposed business is anticipated to be open to the public 24 hours per day, seven days per week.
M.
No sign shall be so erected or located as to obstruct free access to a doorway, fire escape or window.
N.
Any business sign adjacent to a dwelling or a residential district shall be so illuminated that the glare will not extend upon such residential use or district.
O.
Permits. A sign permit shall be required for all signs in excess of eight square feet in area; all illuminated signs, regardless of size, shall not only require a permit but shall meet all requirements of the current Electrical Code as adopted by the Borough of Oaklyn. Signs incorporated as a part of a building design shall be covered by the building permit. All applications for signs requiring sign permits shall be the subject of review of the Planning and Zoning Board of the Borough of Oaklyn.
P.
Permit fees. No sign shall be reviewed by the Planning and Zoning Board nor a sign permit issued until a plan and elevation drawing has been submitted with details as to location, type of illumination, text of the sign and name of the owner and erector of the sign. Fees shall be in accordance with the Borough of Oaklyn Schedule of Fees which can be obtained in the Borough Clerk's office.
§ 125-51 Permitted signs.
The following signs shall be permitted within the Borough of Oaklyn in accordance with the provisions of this article:
A.
Signs erected by governmental agencies; court or public notices; traffic control devices approved or installed by the appropriate governmental agencies; and flags, emblems and insignias of governmental and religious institutions.
B.
One nonilluminated or white-lighted sign not exceeding nine inches by 18 inches and either freestanding or affixed to a building which:
(1)
Contains a message of caution, pertains to trespassing, identifies a driveway or bears a related cautionary text.
(2)
Identifies the name and occupation of the practitioner of a profession or trade.
C.
One nonilluminated or white-lighted nonflashing sign for schools, churches, hospitals, clubs, lodges or other similar use, provided that the size of any one side of the sign shall not exceed 12 square feet. When a building or lot fronts on more than one street, an additional sign may be erected which meets the requirements of this subsection.
D.
One non-illuminated real estate sign advertising the sale or rental of a building or lot, provided that such sign does not exceed 12 square feet. When a building or lot fronts on more than one street, an additional sign may be erected which meet the requirements of this subsection. All signs erected under this section shall have a minimum setback of 10 feet from the nearest property line.
E.
One nonilluminated real estate sign bearing the word "sold" or "rented" with the name of the person or firm affecting the sale or rental, provided that such sign does not exceed 12 square feet. All signs erected under this section shall have a minimum setback of 10 feet from the nearest property line.
F.
One nonilluminated sign bearing the name and profession or trade for each person or firm performing construction or repair work on the premises, provided that such individual signs do not exceed 12 square feet in area and are promptly removed upon completion of the work. All signs erected under this section shall have a minimum setback of 10 feet from the nearest property line.
G.
For business, office, commercial/industrial and institutional uses, functional signs as defined in § 125-49, provided that no functional sign shall exceed 12 square feet in sign area and that no functional sign shall contain advertising.
(1)
In Block 60, Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Redevelopment Area Overlay Zone, signs are permitted to contain advertising.
H.
For business, office, commercial, institutional and industrial uses, one wall sign or facade sign on each side of a building which faces an approved public street or public parking lot having an entrance generally used by the public, provided that the sign area does not exceed 10% of the building facade area, as defined in § 125-49, on which it is mounted or 50 square feet, whichever is less.
(1)
In Block 60, Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Redevelopment Area Overlay Zone, 70 square feet of sign area is permitted.
I.
(Reserved)
J.
For shopping centers or strip stores, one under-canopy sign for each business use, provided that the dimensions of the sign shall not exceed one foot in width or four feet in length.
K.
For movie theaters, theaters and sports areas, those signs permitted by Subsections H and I above, plus one changeable-copy sign with a maximum sign area of 100 square feet.
L.
Temporary signs announcing or advertising any political, educational, charitable, civic, professional, religious or like campaign or event for a consecutive period not to exceed 60 days or any calendar year, provided that they do not exceed 50 square feet in size.
M.
Signs identifying a residential area or apartment complex, provided that not more than one sign shall be located at each principal entrance to the project, that not more than three signs shall be permitted for any one project, that the sign contain only the name of the development and a logogram or symbol and that its size not exceed 50 square feet in area.
N.
Only a merchandise advertising sign shall be permitted in a window, provided that the sign area does not exceed 20% of the area of the window or obstruct any of the functional mechanisms of said window.
O.
In Block 60, Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Redevelopment Area Overlay Zone, one freestanding sign is permitted per street frontage.
P.
Holiday and seasonal decorations, displays and lights containing no advertising material for a period not to exceed 45 days. Holiday and seasonal decorations, display and lights cannot be placed in the right-of-way by businesses, property owners or merchants.
Q.
Bond or liability insurance. In addition to the bonding requirements of the Roadside Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., the owner of a sign containing a face size or total face area in excess of 100 square feet or any sign of any size which projects over public property shall post a liability insurance policy or indemnity bond in the amount of $10,000 payable to the Borough of Oaklyn in a form acceptable to the Borough Solicitor.
R.
Storefront windows shall be subject to the conditions of this section subject to the following:
(1)
No storefront window facing a public street or sidewalk shall be:
(a)
Fully painted over; and/or
(b)
Permanently blocked with opaque materials; and/or
(c)
Covered with paper, foil, vinyl, cardboard, or similar non-transparent materials.
(2)
Window signage, plants, and/or miscellaneous window dressings should avoid blocking lines of sight to allow for continued customer interest, business visibility, and safety.
(3)
Temporary window coverage is permitted only for renovations (with valid permit), change of tenancy and/or construction work. Such temporary coverage shall not exceed 30 days without written approval from the Zoning Officer.
(4)
All commercial storefront signage shall maintain clear visibility from the exterior into the customer service area and comply with all fire safety and emergency access standards.
(5)
The following shall be exempt from the provisions of this subsection:
(a)
Frosted or etched glass used decoratively that maintains partial visibility; and/or
(b)
Window tinting that complies with building and fire codes; and/or
(c)
Seasonal displays not exceeding 30 days.
§ 125-52 Prohibited signs.
Although it should be understood that any sign not complying with the provisions of this article is prohibited, the following types of signs are specifically prohibited:
A.
Flashing, moving or apparently moving signs, except the changeable-copy signs permitted by § 25-51 and time-and-temperature signs.
(1)
Flashing signs or lights reflecting or emitting a glaring light which could impair driver vision, reflected signs and light projected signs.
(2)
Signs affixed to or painted on trees, rocks, fences, gates, curbs, public right-of-way, utility poles or other signs.
(3)
Translucent awnings or awning signs with underside lighting.
B.
Signs with any lighting or control mechanism which may cause radio or television interference.
C.
Any series of two or more signs or sign units placed in a line along a roadway or in similar fashion, all carrying a single message, part of which is contained on each sign.
D.
Any sign which in any way simulates official, directional or warning signs erected or maintained by the federal or any state, county or local government or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.
E.
Any sign located on a lot other than the lot occupied by the use, event or product which the sign advertises. All signs within the Borough shall be limited to on-premises signs only.
F.
Any sign attached to or painted on trees, fences, utility poles, rocks, curbs, walls, lamps, hydrants, benches or bridges including, but not limited to, wall signs and murals.
(1)
A mural may be permitted if it meets the criteria as set forth in the "Mural Review Process," a copy of which being available for review on the Borough's website.
G.
Banner signs as defined in § 125-49.
(1)
An application for banner permit must be submitted and approved. One banner shall be permitted per business, per permit period.
(2)
The wording on banner may contain the words "Grand Opening," "Now Open," "Going Out of Business" or comparable announcement, the name of the business proprietor or owner and short description. The banner shall be displayed on the premises of the applicant's primary building for a period not to exceed 30 days.
(3)
The banner shall not indicate any off-premises commercial endorsement or sponsorship. It shall not contain any lights, flags, pennants, streamers or other fluttering or spinning attachments, lighting or sound generation equipment.
(4)
All be mounted no higher than nine feet from the grade or the bottom of the second floor windowsill, whichever is lower, and shall not cover any window or door.
H.
Mobile signs as defined in § 125-49.
I.
Projected signs as defined in § 125-49.
J.
Roof signs as defined in § 125-49.
K.
Freestanding signs as defined in § 125-49.
L.
Any sign near a street intersection that contains red, amber or green illumination of any kind.
M.
Any sign that obstructs openings intended as a means of entrance or exit; any sign that obstructs light or air from any room or building; or any sign located so as to provide less than seven feet clearance over a pedestrian walkway or head of any door.
N.
Floodlights, spotlights, and directed lights as part of a sign illumination system that are not hooded or shielded so that the light source is not visible from any public right-of-way or adjacent property.
§ 125-53 Nonconforming signs.
A.
All signs which do not conform to the provisions of this article shall be subject to the provisions of Article XV, Nonconforming Uses, Structures and Lots, § 125-65, Signs.
B.
All nonconforming signs shall be removed in the event of a change in use, change of business license, or change of tenancy on the premises.
C.
No new signs needing a permit may be approved for any property while a nonconforming sign remains in use on that property. Approval for permit and erection of any new signs for a property shall be contingent upon simultaneous removal of all nonconforming signs for said property.
§ 125-53.1 Design and site location review.
The signs permitted under the provisions of § 125-51H, I, J, K, L and N shall be subject to the review and approval of the Planning Board.
§ 125-53.2 Maintenance.
A.
The property owner shall be responsible for maintaining all signs erected on a tax lot. This maintenance shall include repainting, repairing and cleaning, as necessary. No sign shall be permitted to exhibit:
(1)
Excessive chipped or peeling paint or lettering;
(2)
Damaged or broken lettering or signboard;
(3)
Illegible material due to fading, obliteration, or other condition; or
(4)
Dirty, torn, broken, or otherwise damaged awning, canopy, projecting sign, or other sign support structure.
B.
If the Zoning Officer determines that any sign is in a state of disrepair so as to no longer be reasonably capable of presenting its message, or abandoned or a danger to the public health or public safety, he shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot.
C.
The property owner shall thereafter have 10 days to repair or remove said sign.
D.
If said sign is not satisfactorily repaired or removed within the ten-day period, the Zoning Officer may thereafter take such actions as are permitted pursuant to § 125-53.3.
§ 125-53.3 Enforcement.
A.
Upon the discovery of a violation of this article, the Zoning Officer shall give written notice to the owner of the sign and to the owner of record of the tax lot that the sign is in violation of this article and to bring the sign into conformity with this article or to remove it or to apply for a sign permit to allow the sign as existing within 10 days of the notice.
B.
In the event that any sign continues to be in existence after notice under Subsection A of this section, the owner of the sign and the owner of the property, as listed in the tax records of the Borough, shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in § 1-14 of the Code of the Borough of Oaklyn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made. Each day that a violation exists shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
