Old Tappan City Zoning Code
ARTICLE XVI
Signs
§ 255-80 Definitions and authority.
A.
Authority. The power to regulate signs in the Borough as provided in this chapter is part of the general zoning power of the Borough pursuant to N.J.S.A. 40:55D-1 et seq.
B.
Enforcement. The provisions of this chapter shall be enforced by the Zoning Officer of the Borough of Old Tappan.
C.
Definitions. As used herein, the following words or terms shall have the following meanings:
BUILDING COMMITTEE
A committee of members of the Borough Council appointed by the Mayor with the approval of the Council, for the purpose of enforcement of this chapter. The Building Committee shall designate the Building Inspector or other agent for purposes of inspection, removal, approval or disapproval, including consideration of factors of structural safety and stability of signs in accordance with provisions of Article XVI, Signs.
POLITICAL SIGN
A sign of a political nature, relating to a candidate for public office or a poistion on an issue to be determined in an election or other specific political event.
[Added 5-17-2004 by Ord. No. 851-04]
SIGN
Any structure or part thereof or device attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. The word "sign" includes the word "billboard," but does not include the flag, bunting, streamers, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
The word "sign," as used in this chapter, shall also include any lettered or worded advertisement of a permanent or semipermanent nature, not outdoors, which is visible and is intended to be read from the outdoors. The word "sign," as used in § 255-81B(1) and (2), shall mean a sign in one or more component parts. The word "sign" shall not include advertisements or displays of a temporary nature intended to advertise a product, sale, service or public or civic announcement whose use shall not exceed a period of five weeks' duration and is entirely interior to a building. However, any advertisement or display kept in use by the owner, agent or other person in charge thereof for a period exceeding five weeks' duration shall be considered permanent or semipermanent in nature and subject to the provisions of this chapter. |
SIGN, ADVERTISING
A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted on the premises. A "For Sale" sign or a "To Let" sign relating to the property on which it is displayed shall be deemed a business sign.
SIGN FACE
The side of a sign intended to be read.
§ 255-81 Restrictions on signs.
A.
Restrictions on signs permitted in residential zone. No sign shall be erected in the residential zones except as provided in this article and except the following:
[Amended 5-17-2004 by Ord. No. 851-04; 9-18-2006 by Ord. No. 918-06]
(1)
One double-faced ground sign not exceeding one square foot in area stating only the name and profession of the occupant, or the street address of the premises, which sign shall constitute the only advertising permitted for premises in which a home occupation, as defined in § 255-4, is being conducted.
(2)
Signs erected by the municipal, county or federal government, as may be deemed necessary for their respective functions.
(3)
One wall or ground sign not exceeding three feet by four feet on the premises of a church, library or other public building giving only the name and nature of the occupancy and information as to the condition or schedule of use or occupancy. In addition, wall or ground signs not exceeding one square foot in area may be used for a driveway entrance, exit or for warning purposes on the grounds of libraries, schools, churches or other public buildings.
(4)
(Reserved)
(5)
Temporary ground signs not exceeding one square foot in area erected for directional purposes for a period not exceeding two days.
(6)
Builders’, architects’, developers’, home improvement contractors', landscapers', and engineers’ temporary signs erected on the site of construction during the course of any building or developing operations, not exceeding three feet by four feet.
B.
Restrictions on signs permitted in planned residential developments. Signs in planned residential developments shall be restricted in the same manner as signs in other residential zones except that one sign for the main entrance shall be permitted. The main entrance sign shall be a ground sign, shall not exceed 25 square feet in area, shall not have a display height greater than two times the width or vice versa, and shall be erected so that the distance from the top of the sign to the ground shall not exceed eight feet.
C.
Restriction on signs permitted in business and industrial zones. The following signs may be erected in the business, limited commercial and industrial zones, subject to the requirements of § 255-85:
(1)
Wall signs. One wall sign per established business frontage, not exceeding a total of 10% of that building face, including the window area, but not to exceed three feet in height advertising only the business carried on or the services and products made or sold on the premises.
(2)
Window signs. Window signs or displays of a permanent or semipermanent nature painted, transferred or otherwise bonded to the window area and any electric, neon or painted sign attached to or in close proximity to and parallel with the window area and visible from the business or industrial frontage, the use of which shall be intended for a period greater than five weeks' duration, shall be included in calculating the maximum allowable wall sign area as set forth in Subsection C(1) of this section. In addition, no such signs shall exceed 25% of the individual window area or 10% of the glass area of any required exit door. Any sign or combination of signs permitted under Subsections C(1) and (2) of this section shall constitute one sign "face" within the meaning of this chapter.
(3)
Ground signs. In addition to the wall sign specified in Subsection C(1) of this section, one ground sign also may be erected near, but wholly inside, the front property line and at right angles thereto. Such sign shall not exceed 30 square feet in area, shall not have a display height greater than two times the width or vice versa, shall be erected so that the distance from the top of the sign to the ground shall not exceed 10 feet, and the distance from the bottom of the display area to the ground shall be not less than four feet. Entrance, exit and other directional signs as permitted under Subsection C(6) hereinbelow shall not be considered ground signs.
(4)
Roof signs. Signs erected, constructed and maintained above the roof of a building, which signs shall not exceed three feet in height above such buildings.
(5)
Marquee signs. Marquee signs attached to or hung from a marquee, canopy of other covered structure extending from and supported by the building. Such marquee signs shall not exceed four square feet in area nor shall they be more than 12 inches wide by 48 inches long.
(6)
Entrance, exit and other directional signs. Entrance, exit and other signs directing the flow of traffic, provided that such signs shall not exceed eight square feet in area, shall not have a display height greater than two times the width or vice versa, and the distance from the bottom of the sign to the ground shall not be more than two feet.
(7)
Miscellaneous signs. In addition to the signs permitted in Subsection C(1) through (6) of this section, also permitted in these zones are the signs specified in § 255-81A with the same restrictions as to the number and size except as to exit, entrance and other directional signs, and subject to the permit and fee requirements set forth in § 255-85.
(8)
Temporary banners, pennants and bunting. Banners, streamers, pennants and/or bunting which signify the opening of a business. Banners shall not exceed three feet in height. The length of a banner shall not exceed the width of the storefront or business front or 30 feet, whichever is less. Such banners, streamers, pennants and bunting shall not cross a public street. Such banners, streamers, pennants and bunting are only permitted for a period of 30 days from the installation date given on the application. No sign shall be placed in a residential property or residential zone.
[Amended 9-15-2014 by Ord. No. 1073-14]
(9)
Temporary sign permits for houses of worship and charities. Temporary signs and/or banners for a house of worship on its property, and charities whose principal office is in Old Tappan, are permitted for a maximum of 21 calendar days from installation, up to but not exceeding four times per year. No sign shall be placed on residential property. Prior to erecting a temporary sign or banner, such house of worship or charity shall obtain a zoning permit, but no fee shall be charged for same.
[Added 9-15-2014 by Ord. No. 1073-14]
D.
Restrictions on signs permitted in any zones at roadside. The following signs may be erected in any zone, subject only to the permit requirements set forth in § 255-85:
(1)
Public information signs. Public information signs, including service club, church, public building, charitable or civic organization or hospital signs, not exceeding three square feet in area at roadside.
(2)
Developer's directional signs. Placed at intersections during the period of sale of development, not exceeding six square feet in area. Application renewable every six months subject also to fee requirements set forth in § 255-85.
E.
Signs prohibited in all zones of the Borough. Signs of the following types, or types closely related to them, are specifically prohibited:
(1)
Billboards and outdoor display structures.
(2)
Projecting signs or signs attached at, or nearly at, right angles to a building wall.
(3)
Pylon signs or special ground signs supported by tall mast-like members or pyramidal tower supports.
(4)
Roof signs or display signs placed above or supported on the top of a building or structure, except as provided in § 255-81C(4).
(5)
Awning signs.
(6)
Banners, streamers and advertising flags, except as provided in §§ 255-81C(8) and 255-81F.
[Amended 11-15-2004 by Ord. No. 868-04]
(7)
Fence signs, except those necessary for safety such as "high voltage."
(8)
Advertising signs tacked, pasted, painted or otherwise attached on poles, posts, trees, fences, sidewalks or curbs.
(9)
Illuminated signs of the flashing or animated type.
(10)
Silhouette cutout three dimensional caricature or signs of a bizarre nature.
(11)
Signs producing glare.
(12)
Except as otherwise permitted in this chapter, advertising signs placed anywhere on Borough property or within the public right-of-way for a period in excess of 24 hours.
[Added 11-15-2004 by Ord. No. 868-04]
F.
Temporary banners for Borough events. The Mayor and Council may authorize the erection of temporary banners, including banners across public streets, for events sponsored by the Borough.
[Added 11-15-2004 by Ord. No. 868-04]
G.
Real estate signs. In addition to the foregoing, signs announcing the name of the owner, manager, realtor or other persons directly involved in the sale or rental of the property upon which the signs are placed or announcing the purpose for which it is being offered. Signs shall conform to the following requirements:
[Added 9-18-2006 by Ord. No. 918-06]
(1)
Signs may be freestanding or wall-mounted. Signs shall not be placed on trees or utility poles.
(2)
Signs must be removed within 10 days after sale or rental of the property.
(3)
There shall be only one sign per property. Corner properties, however, may contain two signs, one per frontage.
(4)
Signs shall not exceed six square feet in residential districts, and 32 square feet in nonresidential districts.
(5)
A freestanding sign shall be located entirely upon the lot it is advertising for sale or rent, and shall have a minimum setback of 10 feet from the street curbline.
(6)
Temporary directional signs for an open house or similar event shall be erected and taken down on the day of the event.
(7)
No other real estate signs, except as permitted by this Subsection G, shall be permitted.
H.
Garage sale signs. Signs advertising a garage sale shall be permitted subject to the following requirements:
[Added 9-18-2006 by Ord. No. 918-06]
(1)
Directional and advertising signs for a garage sale shall be freestanding. Such signs shall not be posted on trees, utility poles, shrubs, vehicles, dwellings or structures.
(2)
Directional and advertising signs may be placed no more than two days prior to the sale and shall be removed within one day after the sale.
(3)
Directional signs placed on private property shall have the owner’s permission.
(4)
Directional signs may not be placed in the street right-of-way.
§ 255-81.1 Political signs.
[Added 5-17-2004 by Ord. No. 851-04; amended 9-7-2004 by Ord. No. 862-04; 1-3-2016 by Ord. No. 1092-15]
A.
Political lawn signs may be erected and maintained on private property in any zone within the Borough without a sign permit or payment of fees.
B.
Political signs can be erected three weeks prior and must be removed no later than five days after the political event to which the sign refers.
C.
Lawn signs shall be no larger that 18 inches by 24 inches and may be double-sided.
D.
A political signboard/billboard/banner, no larger than 18 square feet, is permitted by permit only, which shall be issued by the Zoning Officer upon application therefor. Such political signboard/billboard/banner may be double-sided. No more than one such political sign shall be permitted per property. A permit is required for such a sign, with a fee of $10 per sign.
E.
No political signs shall be placed on public property, which is defined as all publicly owned property, streets, rights-of-way, easements, and everything affixed thereto and thereover.
F.
Political signs shall not be placed on any property without the permission of the owner or occupant thereof.
G.
Political signs shall be constructed, erected, or located in a manner which obstructs the visibility or movement of motorists or pedestrians proceeding along or entering the public way, whether at intersections, driveways, or in a manner that is unsafe, insecure or a danger to the public safety. This section shall be enforced by the Police Department and/or Borough Zoning Official.
H.
Violations of this section shall be punishable by a fine of up to $100 per sign per day.
§ 255-82 Illuminated signs.
A.
In no case shall illuminated signs interfere with traffic. No ground signs of the type permitted in § 255-81C may be illuminated by red or green lights when they are situated within 200 feet of any street intersection. All illuminated signs shall conform with respect to wiring and appliances to the requirements of the National Board of Fire Underwriters.
B.
All electrical signs must display a fire underwriter's inspection label, and the label number must be registered with the Uniform Construction Code enforcing agency before erection of such sign.
§ 255-83 Nonconforming signs.
Any signs now in existence, the erection or placing of which is prohibited hereunder, may be continued on such building, structure, lot or land so occupied. However, at no time shall such sign be altered, enlarged, extended or relocated unless such action changes a nonconforming sign into a conforming sign, as provided herein. The failure to keep a nonconforming sign in good repair for a period of one year, or the failure to repair such sign within 30 days after written notice by the Uniform Construction Code enforcing agency shall constitute abandonment, and such sign may not be reused and must be removed. The provisions of this article notwithstanding, the owner, agent or person otherwise in control of such nonconforming sign shall have the right to replace such nonconforming sign in the event of accidental damage or destruction.
§ 255-84 Maintenance and removal of signs.
A.
Any sign that is or shall become dangerous or unsafe in any manner whatsoever, or any sign erected hereafter contrary to the provisions of this chapter, shall be repaired, made safe, made attractive and in conformity with this chapter or shall be taken down and removed by the owner, lessor, agent or occupant of the building, property or land upon which it is placed or to which it is attached.
B.
In addition to the foregoing, after written notice is served by the Zoning Officer, any sign which no longer serves the purpose for which it was originally erected shall be removed by the owner, lessor, agent or occupant of the building, property or land upon which it is placed or to which it is attached.
C.
The Uniform Construction Code agency shall have the power to order the repair or removal of any sign which is or is likely to become dangerous or unsafe and to remove the same after notice shall have been given as herein provided.
D.
The Uniform Construction Code agency shall serve written notice upon the owner, agent or person having control of any sign commanding him/her to repair or to remove the same, as the case may be, within 24 hours thereafter, if in its judgment such necessity exists, or within a time not exceeding five days if in the judgment of the Uniform Construction Code agency such time is reasonable or just. In case of failure of such owner, agent, or other person having control, as aforesaid, to comply with such notice, the Uniform Construction Code agency, immediately upon the expiration of the time allowed, shall cause the sign to be removed, and the Uniform Construction Code agency shall have the power to enter upon or into the lands, house or property upon which the sign, billboard or fence is or shall be erected and to remove or cause same to be removed.
E.
The expenses and disbursements incurred in carrying out the provisions of this section shall be recoverable by the Borough from the owner, agent or person having control of such sign in an action at law in any court of competent jurisdiction upon his/her or their neglect or refusal to pay the same within 10 days after service of a statement thereof.
§ 255-85 Permits, fees and bonds.
A.
Permit required. No new sign shall be erected or existing sign enlarged, maintained, relocated or replaced until after the required permit is obtained from the Uniform Construction Code agency, except signs erected as specified in § 255-81A(1), (2), (3) and (5); and § 255-81F, G and H.
[Amended 9-18-2006 by Ord. No. 918-06]
B.
Fees. Sign permits shall not be issued until the following fees shall have been paid:
[Amended 8-16-2004 by Ord. No. 852-04]
(1)
Signs defined in § 255-81A(1) through (5): no fee.
(2)
Signs defined in §§ 255-81A(6), 255-81C(1) through (7) and § 255-81D(2): $25 per sign.
C.
Expiration of permit. Sign permits shall expire on December 31 and shall be renewed in accordance with § 255-85B on the first day of each year.
D.
Bond. In addition to required fees, a cash bond of $100 shall be deposited with and held by the Uniform Construction Code agency for each sign permitted to be erected under § 255-81A(6) or 255-81D(2) to ensure the removal of such sign after it has served its purpose.
§ 255-86 Appeal.
[Amended 1-5-2002 by Ord. No. 771RR-01]
If any person shall be aggrieved by the action of the Uniform Construction Code agency, appeal may be made to the Planning Board in accordance with procedures of the Board within 60 days of the Uniform Construction Code agency action. Appeal may be made on the basis of sign vision, obstruction, architectural necessity or topography. The findings and reasons for disposition of the appeal shall be stated in the minutes of the Planning Board, and the applicant shall be given a copy.
§ 255-87 Violations and penalties.
Any person violating any provision of this article shall, upon conviction thereof, be subject to a fine of not less than $25 and not more than $100 and in default of payment of such fine may be confined to the county jail for a period not exceeding 30 days. Each day that any violation continues shall be considered a new and separate violation of this chapter.
