Perth Amboy City Zoning Code
ARTICLE XI
Signs
§ 430-62 Sign regulations.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A.
General Provisions.
(1)
Any signs not specifically permitted are hereby prohibited.
(2)
No signs, except special event signs, shall be placed on private or public property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.
(3)
No sign shall be located in such a manner as to materially impede the view of any street or intersection.
(4)
Except where otherwise provided, no sign or any part thereof shall be located closer than twenty (20) feet to any lot line.
(5)
All height limitations shall be measured from ground level to the highest part of the sign or its supporting structure, whichever is higher.
(6)
The maximum height for freestanding signs, unless otherwise provided, shall not exceed fifteen (15) feet above ground level.
(7)
Except where specifically prohibited, freestanding and projecting signs may be double-faced, and the maximum sign area shall apply to each side. The area of the sign shall include each and every part of the sign, including moldings and frames. Where the sign is supported by a post or pylon whose surface is being used for advertising purposes, the areas of this post, pylon or other supporting members shall be considered as part of the total area and items of information.
(8)
Wherever the message on a wall sign is divided between a number of panels or parts, the total area of all of the panels or parts shall be considered as one (1) sign, and where a sign consists of individual letters or numbers, the area of the smallest rectangle or rectangles which can collectively enclose all of the letters or numbers shall be the total sign area.
(9)
Wall signs erected flat against the side of a building shall be within the sign band area.
(10)
No marquees shall be permitted.
(11)
Unless specifically prohibited, all signs may be illuminated as provided for in subsection E. below.
(12)
Whenever a parcel is bordered by more than one (1) street, additional signage may be permitted by the municipal agency, in accordance with the standards of this section, for each major street upon which the parcel fronts. Wall signage shall be permitted in accordance with the sign band.
(13)
Signs shall not be painted on buildings or affixed to water towers, storage tanks, smoke stacks or similar structures.
(14)
Each commercial and industrial use shall be required to place their street address number(s) in four (4) inch high numbers on the entrance door. Such signage shall be excluded from the items of information at this location.
(15)
Items of information allowed.
(a)
Each land use is entitled to display one (1) principal sign containing up to ten (10) items or information on each street or highway to which it has access. However, if the name and trade of the proprietor occupying the building and its premises contains more than ten (10) items of information, the name and trade may be displayed once on each street frontage provided that no other sign is displayed on the building or its premises to that frontage except as otherwise permitted. Additional signs shall be permitted if the principal sign does not contain more than ten (10) items of information.
(b)
An "item of information" means any word, syllable, initial, abbreviation, number, symbol or geometric shape. The items of information shall be in compliance with the Table of Basic Design Elements,[1] and elsewhere as permitted in this section.
[1]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(c)
Provided that the items of information allowance authorized by this section is not exceeded, signs may be displayed as freestanding or ground signs, wall signs, projecting signs or awning signs within the limitations and restrictions as further provided by this chapter.
(d)
Street numbers displayed at less than four (4) inches in height affixed to entry doors, and hours of operation displayed at less than two (2) inches in height shall be excluded from the items of information, provided they meet the requirements of other sections herein.
B.
Permits.
(1)
All signs and advertising displays other than those expressly excluded herein shall require sign permits. To obtain such permits, the owner of the proposed sign shall make application to the Zoning Officer or his designee on forms provided by him. The applicant shall also provide all plans and specifications of the proposed construction as provided below.
(2)
It shall be the responsibility of the Zoning Officer or his designee to determine whether the proposed signs will be in compliance with all the provisions of this section and all other laws and ordinances of the municipality and that the sign will be erected in such a manner as not to constitute any hazard to the public or not likely to cause damage to property. The Zoning Officer or his designee shall approve or deny the issuance of a sign permit after receipt by him of the completed application form and fee. In the event that the Zoning Officer or his designee approves the issuance of the sign permit, he shall promptly forward the same to the applicant upon payment to the municipality of the required fee. In the event that the Zoning Officer or his designee denies permission, the Zoning Officer or his designee shall so notify the applicant. Upon such denial, the applicant may appeal the determination of the Zoning Officer or his designee, pursuant to this Article. If the work authorized under a sign permit shall not be completed within one (1) year after the date of its issuance, the permit shall become null and void. The application may also require the issuance of a building permit, which shall be obtained separately. The application may also require a review pursuant to chapter 374 of the City Code if it is located in the Business Improvement District.
(3)
Application for sign permits shall be made in duplicate on forms to be furnished by the municipality and shall be accompanied by a fee for each sign, made by check or money order payable to the order of the City of Perth Amboy, which fee shall not be returnable for any reason. The application shall contain the following information hereinafter set forth:
(a)
The name, address and telephone number of the owner of the premises upon which the sign is sought to be erected, and if the applicant is a person other than the owner, then the applicant, in addition, shall set forth his, her or its name, address and telephone number as well as his, her or its relationship to the owner.
(b)
The name of the person, firm, corporation or association erecting the sign.
(c)
Written consent of the owner of the building structure or land to which or which the sign is to be erected, if the applicant is other than the owner.
(d)
Attached to each copy of the application shall be a sketch plat prepared by the applicant or on his behalf which shall include the following information:
[1]
The location of the premises on which the sign is to be erected, in relation to surrounding properties, and showing the Tax Map, block and lot numbers of said premises along with the names of the owners of all adjoining properties and their respective Tax Map, block and lot numbers and the names of all streets which abut said premises.
[2]
The location and dimension of all boundary lines of the premises.
[3]
The location and dimensions of all buildings and structures, including existing signs, on said premises, showing their respective setbacks from the boundary lines.
[4]
Color photographs of the existing building and the adjacent buildings.
[5]
Dimensions and calculations of signable area, dimensions, colors, materials, methods of installation and illumination for proposed signs.
[6]
Plans prepared at a scale of one-fourth (1/4) inch equals one (1) foot.
(e)
Also attached to each copy of the application shall be an additional sketch prepared by the applicant or on his behalf which shall include the following information:
[1]
A diagram of the proposed sign, with all its dimensions and height above ground shown and a description of the message, trademark or symbol or insignia to be contained thereon. Sample signs which are considered aesthetically acceptable by the City of Perth Amboy are shown on the reverse side of the application form.
[2]
The methods and materials of construction of said sign, including the mode of illumination, if any, and the manner in which it will be connected to the ground or building. In any business, commercial or industrial zone, this information shall be supplied by virtue or being set forth in blueprint plans.
(4)
Sign permit fees. All persons erecting permanent signs or refacing existing signs within the City of Perth Amboy shall pay a fee for each sign in accordance with the following schedule:
(5)
Nonconforming signs.
(a)
Continuance. Except as otherwise provided in this section, the lawful use of any sign existing at the date of the adoption of this chapter may be continued, although such sign does not conform to the regulations specified by this section for said sign, provided that:
(b)
Abandonment.
[1]
A nonconforming sign shall be considered to be abandoned when there occurs an intentional cessation of the use of the sign or if the business referred to therein ceases to operate.
[2]
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 shall be removed. Any new message must comply with the provisions of this Article.
(c)
Restoration. If any nonconforming signs shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to the extent of its then true value, said sign shall not be rebuilt or reconstructed except in conformance with the provisions of this section.
(d)
Reversion. Nonconforming sign shall not, once changed into a conforming sign, be changed back again into a nonconforming sign.
C.
Construction.
(1)
All signs shall conform to the structural requirements of the New Jersey Uniform Construction Code.
(2)
Freestanding signs shall be supported by posts or pylons of durable materials, which may include concrete, steel, treated wood, other suitable, materials or any combination of the same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wires shall be permitted.
(3)
Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper nonrusting hardware of the expansion or epoxy injection type shall be used. The use of wood or fiber plugs is prohibited.
E.
Illumination.
(1)
Wiring for illuminated signs shall be installed and maintained in accordance with the Electrical Code (refer to Chapter 184 of the City Code) of the municipality. Any fee for an electrical inspection shall be in addition to the fee provided for in the sign permit.
(2)
Where illuminated signs are permitted, illumination may be provided by incandescent floodlights, spotlights or ordinary incandescent bulbs; fluorescent tubes; mercury vapor; or metal halide, quartz or high-pressure sodium lamps. Neon lights are specifically prohibited, except where specifically permitted. Regardless of the type of illumination employed, all illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic, pedestrians, and so as not to cause a nuisance to residents of the area. Intensity of illumination shall be in accordance with the following:
(a)
For the purposes of determining the maximum illumination of a sign or signs, existing areas are classified as either low- or high-illumination areas. A low-illumination area is defined as a place where at night the average maintained footcandle (fc) level is equal to or less than one and five-tenths (1.5) footcandles. A high-illumination area is defined as a place where at night the average maintained footcandle level is greater than one and five-tenths (1.5) footcandles.
(b)
For externally lighted signs, the following shall apply:
Maximum Illumination (watts per square foot) | ||
|---|---|---|
Lamp Type | Low-Illumination Area | High-Illumination Area |
Incandescent | 7.1 | 14.3 |
Quartz | 7.1 | 14.3 |
Fluorescent | 2.1 | 4.2 |
Mercury vapor | 2.1 | 5.7 |
Metal halide | 1.6 | 3.2 |
High-pressure sodium | 1.4 | 2.9 |
(c)
For internally lighted signs, the following shall apply:
Maximum Illumination (watts per square foot) | ||
|---|---|---|
Lamp Type | Low-Illumination Area | High-Illumination Area |
Fluorescent | 8.0 | 12.0 |
Incandescent | 27.2 | 40.0 |
(3)
Whenever the Zoning Officer determines that the lighting on any sign now or hereafter erected constitutes a safety hazard to motor vehicle traffic in the vicinity, he shall serve written notice of his determination upon the property owner and owner of the sign directing them to correct the condition within fifteen (15) days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time specified shall constitute a violation of this section by both the sign owner and the property owner.
(4)
Colored floodlights or indirect colored illumination is prohibited.
F.
Signs permitted without a municipal sign permit. The following signs shall be permitted in any zone in the municipality without a municipal sign permit:
(1)
Nonilluminated directional signs identifying parking areas, loading zones, entrances, exits and similar locations. The signs may include a logo, business name or professional name but shall not include an advertising message and shall not exceed three (3) square feet.
(2)
Temporary and permanent traffic signs and signals installed by the municipality, county or state for the purpose of directing and regulating the flow of traffic. Temporary traffic signs installed by a utility for the purpose of directing and regulating the flow of traffic while performing work in a right of way.
(3)
Signs indicating public transportation stops when installed by the municipality or a public transportation utility.
(4)
Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil religious organizations.
(5)
Warning and no-trespassing signs, not exceeding three (3) square feet in area.
(6)
Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules and promulgated by the federal government.
(7)
The name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding fifty (50) square inches in area.
(8)
Lawn signs identifying residents, not exceeding one and (1) square foot in area for each side. The signs shall not contain any advertising message and shall be nonilluminated, except by a light which is an integral part or a lamppost if used as a support.
(9)
Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.
(10)
Signs which are an integral part of vending machines, including gasoline pumps, milk machines, soda machines and MAC machines, provided that they do not exceed the height or width of the machine on which they are located. No additional signs shall be provided at the facility or added to the machine beyond the height or width of the machine.
(11)
Real estate signs, announcing the sale, rental or lease of the premises on which the sign is located, such sign not to exceed five (5) square feet in area. If double-faced, the sign shall not exceed ten (10) square feet in area for both sides. The sign shall be nonilluminated. Such sign shall not be closer to the line than one-half (1/2) the distance between the building line and the lot line, as defined by this chapter. Such signs shall not be located closer to other such signs than one (1) in every two hundred (200) feet, measured either along the front of a lot or along the depth of a lot.
(12)
Temporary signs attached to a window shall be removed at the expiration of the event sale for which it was erected or posted. Temporary signs may be erected or posted up to fourteen (14) days prior to the event or sale. Temporary sale signs must identify sale date start and end. No more than fifteen percent (15%) of the square footage of any single window or single window display area shall be devoted to signs or other advertising material attached thereto or otherwise exposed to public view.
(13)
Temporary signs for advertising public functions or fundraising events for charitable or religious organizations shall be permitted for a period of twenty-one (21) days prior to and during the event and shall be removed within five (5) days after the event. The sign shall be nonilluminated, not larger than sixteen (16) square feet in area, not exceeding eight (8) feet in height and may be erected flat against the building or freestanding.
(14)
Temporary political signs not exceeding twelve (12) square feet, nonilluminated, which shall be removed ten (10) days after the election.
(15)
Path marking signs for garage sales, provided that not more than two (2) signs not exceeding two (2) square feet in size are posted no earlier than two (2) days before the beginning of the sale, are removed the day following the sale and are not otherwise prohibited in Subsection G. below, and all signs for path marking to garage sales shall be provided with the address of the garage sale.
(16)
Artisans' signs. Signs of builders, electrical contractors, painters and other artisans may be erected and maintained during the period in which such persons are performing work on the premises, provided that the size of any such sign shall not exceed sixteen (16) square feet in area. Such signs shall be removed promptly upon completion of the work.
(17)
Private driveways. Signs indicating the private nature of a driveway, provided that the size of any such sign shall not exceed two (2) square feet.
(18)
Street numbers placed on entry doors in commercial and industrial zones provided lettering is no more than four (4) inches in height.
G.
Prohibited signs. The following signs are prohibited in all zones in the municipality:
(1)
Signs using red, yellow and green lights which, in the judgment of the Chief of Police, interfere with the operation of any traffic control signal.
(2)
Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.
(3)
Signs using any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.
(4)
Any sign which, in the judgment of the Chief of Police, unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.
(5)
Roof signs.
(6)
Signs or advertising matter of an indecent or obscene nature.
(7)
Signs using words, such as "stop," "look," "danger," etc., which are placed in a manner or position which, in the judgment of the Chief of Police, constitute a traffic hazard or otherwise interfere with the free flow of traffic.
(8)
Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.
(9)
Billboards and other advertising signs, fixed or portable display shall be prohibited in all districts, except where specifically permitted.
(10)
Signs causing interference with radio or television reception.
(11)
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
(12)
Strings of plastic flags, strings of banners, pinwheels, A-type signs, sandwich-type signs, sidewalk signs, curb signs and similar advertising devices.
(13)
Any commercial sign or banner spanning a public street, except for banners spanning a public street publicizing city supported or sponsored events.
(14)
Signs placed or attached or supported on awnings, trees, fences, utility poles or light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.
(15)
Any series of two (2) or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.
(16)
A sign on motor vehicle, truck or trailer, whether or not operational and whether or not self-propelled, which is used or parked or designated to be parked for advertising purposes. Specifically exempted from this section are those signs, nameplates or letters affixed to or printed upon commercial vehicles regularly used in the course of business for regular deliveries, pickups or other such purposes and/or in compliance with the provisions of N.J.S.A. 39:4-46. Specifically included are signs on vehicles, trailers and the like which have as their prime purpose the advertising of goods, wares or services of a business which are maintained in a stationary manner at one (1) or more locations for extended periods of time.
(17)
Signs located within sight triangles.
(18)
Banners, except for commercial and institutional activities supported or sponsored by the municipality, located in corner buildings two (2) or more stories in height. Banners may be twice the size of projecting signs and may project three (3) feet from a wall which includes a space of one (1) foot between the wall and banner.
H.
Specific zone permitted signage.
(1)
R-60 Residential Zone permitted signage.
(a)
One (1) nonilluminated residential nameplate sign situated within the property line and not exceeding one (1) square foot in area on any one (1) side.
(b)
One (1) nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding four (4) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been sold.
(c)
One (1) nonflashing, nonilluminated wall or freestanding sign identifying a school, church, public park or other such permitted use located no less than ten (10) feet from any street or property line and not exceeding ten (10) square feet in area on any one (1) side.
(d)
No freestanding sign shall be erected closer than ten (10) feet to any front or side lot line.
(2)
R-50 Residential Zone permitted signs.
(a)
Only those signs are permitted as specified in the R-60 Zone.
(4)
R-M Residential Zone permitted signs:
(a)
All signs are specified in the R-60 Zone.
(b)
One (1) nonilluminated, nonflashing residential sign per entrance displaying the name of a multifamily development, placed not closer than ten (10) feet to any property line and not exceeding six (6) square feet on any one (1) side.
(c)
All signs for other than residential use shall adhere to the regulations of the C-1 Zone.
(5)
H Hospital Zone permitted signs:
(a)
One (1) nonflashing, illuminated wall or freestanding sign identifying the principal use, located no less than ten (10) feet from any street or property line and not exceeding twenty-five (25) square feet on any one (1) side, for institutional uses.
(b)
One (1) nonflashing, indirect illuminated freestanding or ground sign identifying the principal use, located no less than ten (10) feet from any street or property line and not exceeding six (6) square feet on any one (1) side, for non-institutional uses.
(c)
Illuminated accessory nonflashing wall or freestanding signs, provided that the total area of any sign shall not exceed twenty-five (25) square feet, for institutional uses.
(6)
C-1 Neighborhood Business Zone permitted signs:
(a)
Signs as provided for in the Table of Basic Design Elements[2] or elsewhere in this chapter.
[2]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(b)
One (1) nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding four (4) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been sold or leased.
(7)
C-2 Central Business Zone permitted signs:
(a)
Signs as provided for in the Table of Basic Design Elements[3] or elsewhere in this chapter.
[3]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(b)
One (1) nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding ten (10) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been leased or sold.
(8)
C-3 Highway Commercial Zone permitted signs.
(a)
Signs as provided for in the Table of Basic Design Elements[4] or elsewhere in this chapter.
[4]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(b)
One (1) wall sign shall be permitted for each permitted use in a single use building or for each tenant in a shopping center and may be an illuminated business sign, provided that the total areas of all signs meets the Table of Basic Design Elements[5] and elsewhere in this chapter. Such signs shall be displayed as not to project more than eighteen (18) inches from the surface of the building or beyond the ends of the building. The total length of a wall sign in a single occupancy building shall not exceed twenty (20) feet.
[5]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(c)
One (1) nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding ten (10) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been sold.
(d)
Identification signs. Freestanding signs may be erected to identify a shopping center and to list individual occupants, provided that not more than one (1) such sign shall be erected for each five hundred (500) feet of frontage on a public street, and further provided that the aggregate areas of all sides of any such sign shall not exceed one hundred (100) square feet. Such signs may be illuminated but shall not be of the flashing type, shall not exceed the height of the principal building, shall not be located within fifty (50) feet of a public street or parking area driveway or within two hundred (200) feet of the boundary of a residence zone and shall in no way interfere with the safe functioning of any traffic control signal or directional device.
(e)
Directional signs (ingress). One (1) freestanding sign may be erected at each driveway which provides a means of ingress for off-street parking facilities on the premises and which relates only the name of the use or facility and appropriate traffic instructions. Such sign shall not exceed three (3) square feet in area for each of two (2) faces, and shall not extend more than three (3) feet above ground level.
(f)
Directional signs (egress). Freestanding signs may be erected on the premises for the purpose of providing directions to traffic leaving the premises which shall not exceed ten (10) square feet in area on each of two (2) sides, and shall not extend more than three (3) feet above ground level.
(g)
Traffic control signs. Freestanding signs may be erected which are necessary to control and regulate the movement of traffic on the interior roadways on the premises, provided that the number and location of such signs are approved by the Planning Board. Such signs shall not exceed four (4) square feet on areas and shall not exceed a height of ten (10) feet.
(h)
Parking lot signs. Freestanding signs may be erected within the parking areas to identify particular areas or sections of the parking lot, provided that not more than one (1) sign shall be permitted for each forty thousand (40,000) square feet of parking area, and further provided that such signs shall not exceed an area of three (3) square feet on any face nor exceed a height of ten (10) feet. In addition, freestanding signs may be erected at each end of a parking aisle for identification purposes, provided that such signs shall not exceed one (1) square foot in area nor exceed a height of eleven (11) feet. All of the above-described signs must be mounted not less than seven (7) feet above the ground. None of the above signs shall contain any advertising logo or identification message.
(9)
M-1 Light Industrial Zone permitted signs:
(a)
Signs as provided for in the Table of Basic Design Elements[6] or elsewhere in this chapter.
[6]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(b)
Illuminated, nonflashing wall signs, provided that the area of such sign does not exceed one hundred (100) square feet.
(c)
No sign shall be located within twenty-five (25) feet of the street line or property line.
(d)
One (1) freestanding sign is permitted for each business complex.
(e)
One (1) wall sign for each elevation of principal building which fronts on a street.
I.
Table of Basic Design Elements.
(1)
The basic design element for signage within the City of Perth Amboy shall be as shown on the Table of Basic Design Elements.[7]
[7]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(2)
No signage may be erected, displayed or substantially altered or reconstructed except in conformance with the Table of Basic Design Elements[8] and as otherwise permitted.
[8]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(3)
When there is a change in property ownership or a new tenant the new owner or new tenant must remove all message items (items of information) not in compliance with the Table of Basic Design Elements[9] and effectuate conformance with the provisions of this Article provided such non-compliant items are determined not to be valid pursuant to N.J.S.A. 40:55d-1 et seq., the Municipal Land Use Law, et seq.
[9]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(4)
All property owners and tenants are responsible for the care and maintenance of signage on their property and must effectuate conformance with the provisions of this chapter.
(5)
Characterization of surrounding areas. For the purposes of applying the Table of Basic Design Elements,[10] the area surrounding any commercial or industrial use shall be considered residential or institutional wherever there is a residential or institutional use adjacent to the property line of such commercial or industrial use; only that part of the commercial or industrial area which is adjacent to a residential or institutional area shall be considered adjacent to a residential or institutional area.
[10]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
J.
Ground or freestanding signs.
(1)
Any activity may display one ground or freestanding sign of the area and height indicated in the Table of Basic Design Elements,[11] providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted, and provided that:
(a)
The activity is accessible by automobile and has off-street parking on the premises; or
(b)
The edge of the building or structure in which the activity is conducted is set back at least thirty-five (35) feet from the edge of the adjacent street or highway right-of-way. The height of a ground or freestanding sign shall be measured from the grade at the edge of the right-of-way.
(c)
The message displayed is limited to the business name and trade or logo.
[11]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(2)
Ground or freestanding signs are also subject to the following additional limitations:
(a)
A ground or freestanding sign which is six square feet or more in area may be displayed only on a frontage of one hundred (100) feet or more and may not be closer than one hundred (100) feet to any other ground or freestanding sign which is six (6) square feet or more in size.
(b)
An activity may have both a ground or freestanding and projecting sign if one (1) of these signs is six (6) square feet or less in size.
(3)
Ground or freestanding signs for industrial activities are subject to the following special area and height requirements, provided that the industrial activity has a frontage of at least three (300) hundred feet and setback of at least seventy-five (75) feet:
K.
Wall signs.
(1)
Subject to the requirements of the Table of Basic Design Elements,[12] any activity may display wall signs, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted. Wall signs may be attached flat to or pinned away from the wall and may not project from the wall by more than twelve (12) inches. Wall signs painted on walls are prohibited.
[12]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(2)
Signable area.
(a)
The permitted area of wall signs is shown by the Table of Basic Design Elements,[13] which indicates the percentage of the signable area of the building or structure which may be utilized for wall signs. "Signable area" of the building means an area of the facade as defined under "sign band area". Activities located above the ground floor may display signs on the glass area of the windows only and are limited to twenty-five percent (25%) of the glass area and a maximum of ten (10) items of information as described in the General Provisions (Section 430-62A) Neon signs and or lights or illuminated signs are not permitted in windows or on walls above the ground floor sign band area.
[13]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(b)
Activities located above the ground floor may also display signs on their ground floor door. Activities located below the ground floor may display sign on their ground floor door and projecting signs up to six (6) square feet in area. All door signs are limited to ten percent (10%) of the door area.
(3)
Wall signs are subject to the following height limitations:
(a)
Wall signs placed in the space between windows may not exceed in height more than two-thirds (2/3) of the height of the sign band area.
(b)
Wall signs are to be located in the sign band above the storefront display window or transom whenever a sign band is part of the existing facade. Wall signs shall not extend beyond the width of the storefront display window or transom.
(c)
Letters can be a maximum of nineteen (19) inches in height if they are carved into or securely attached in such a way that are an architectural detail of a building, provided that:
(d)
Wall signs may be internally illuminated only when they are on buildings which are set back from the sidewalk with off-street parking provided in front of the building.
(e)
Internally illuminated individual letters may be used on wall signs on buildings which front on the sidewalk but cannot be larger than seven (7) inches in height.
(f)
Internally illuminated letters are to have a matte finish and must be compatible with the building colors.
(g)
Internally illuminated individual letters less than nineteen (19) inches in height on walls of buildings set back fifty (50) feet from the right-of-way are permitted.
L.
Projecting signs.
(1)
Any commercial or institutional activity may display one (1) projecting sign on each street frontage, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted. The permitted area of projecting signs is shown in the Table of Basic Design Elements.[14]
[14]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(2)
The following additional regulations apply to projecting signs:
(a)
Projecting signs must clear sidewalks by at least eight (8) feet and may project no more than four (4) feet from the building.
(b)
Projecting sign must be at least six (6) inches away from the wall in which they are located.
(c)
Projecting signs are not permitted at the intersection of corners except at right angles to a building front.
(d)
No projecting signs may extend to above the sign band height of a building if the building consists of two (2) or more stories. No projecting sign shall extend above the roof line of any single story building.
(e)
No projecting sign may be displayed unless the building to which it is attached is fourteen (14) feet or more in width, and no projecting signs may be closer than fifty (50) feet to any other projecting signs.
(f)
No projecting sign can be located on buildings with an awning or which contains a wall sign.
M.
Window and window display areas.
(1)
Window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view.
(2)
Window signage.
(a)
The window sign must follow the Basic Table of Design Elements. One (1) permanent window business sign per street elevation only, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted.
(b)
Telephone numbers shall be permitted on a window but not to exceed four (4) inches in height. Names of partners or company officers shall be permitted on windows but shall not exceed two (2) inches in height.
(c)
Hours of operation shall be permitted only on entry doors and shall not exceed two (2) inches in height. All allowable signage on doors shall be painted on doors or applied with stencil letters. No permanent window signs shall be comprised of posters, plaques, banners, etc.
(d)
Window signs whether temporary or permanent shall be done professionally.
N.
Special situations.
(1)
Buildings in joint occupancy or multiple use. When a building is occupied by a single occupant who carries on more than one (1) activity within the building or contains two (2) or more activities carried on by different occupants, the total building signage must meet the Table of Basic Design Elements[15] criteria based on the Zone in which the building is located.
[15]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
(2)
Off-street parking. Street signs may be displayed on the side or rear of a building adjacent to an off-street parking area if the off-street parking area is forty (40) feet or more in width. However, the side or rear of the building adjacent to the off-street parking area may not be included when calculating the signable wall area allowable to wall signs under this chapter.
(3)
Multiple frontages. If a building has frontage on or access to two (2) or more streets, each side of the building is to be separately considered for purposes of determining compliance with the provisions of this chapter and of the Table of Basic Design Elements.[16] Area allowances for street signs may be utilized only on the side of the building from which they are calculated.
[16]
Editor's Note: The Table of Basic Design Elements referred to herein is included as an attachment to this chapter.
O.
Auxiliary design elements.
(1)
Awnings.
(a)
Permanent awnings with signs are permitted for all activities in all areas, except in residential districts, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted. However, any letters over seven (7) inches in height which are displayed on a permanent awning are not permitted, except uppercase script letters may be twelve (12) inches when used with lowercase script letters which are less than seven (7) inches. Logos and symbols can also be larger than seven (7) inches, provided that they are limited to ten percent (10%) of the awning area. The items of information allowance established by the General Provisions (Section 430-62A) apply to signs on awnings. Permanent awnings shall not extend beyond four (4) feet beyond the vertical plane of the building measured at grade, nor shall encroach on a plane that is five (5) feet behind the vertical plane formed by the curb. Retractable awnings with signs that are concealed when retracted are not to be included in the calculations of items of information allowed. Retractable awnings may extend to six (6) feet from the vertical plane of the building measured at grade, and shall not encroach on a plane that is three (3) feet behind the vertical plane formed by the curb. Awnings are to be a minimum of six (6) feet nine (9) inches above the ground level. Awnings shall be located within the width of the frame of the first floor display windows or door and may not extend above the storefront window or transom by more than one (1) foot. Whenever a security gate is existing or added, the awning is to be located to conceal the security gate housing. Awnings are to have a maximum of three (3) colors.
(b)
Street numbers are permitted on the fringe of awnings if they are a maximum of four (4) inches in height, include the street name and are centered above the main entry door. Street numbers are recommended centered on doors and/or transom windows above doors. Phone numbers on awnings are not permitted.
(2)
Temporary window signs. Temporary window signs are permitted for all except industrial activities in all commercial areas. They may not exceed more than twenty-five percent (25%) of the area of the window in which they are displayed. Temporary window graphic are not debited against the items of information allowance established by the General Provisions (Section 430-62A).
(4)
Color light may be used for seasonal holidays.
(5)
Flashing graphics: A "flashing graphic" is a light which is intermittently on and off. Flashing graphics are permitted only for motion-picture theaters and are not permitted:
(6)
Neon light. Neon light is restricted to ground floor windows in commercial activities only and is restricted to a maximum of ten percent (10%) of the window and may not be used to frame or border the perimeter of the window.
(7)
Indirect illumination, i.e., a light source not seen directly, is the only approved method for illuminating a wall sign, or projecting sign unless individual illuminated letters are used and they are a maximum of seven (7) inches in height.
(8)
Floodlight illumination is permitted to light a building facade, provided that the color is white and the floodlight is positioned so that none of the light shines onto an adjoining property or in the eyes of motorists or pedestrians.