Phillipsburg City Zoning Code
ARTICLE VIII
Signs
§ 625-34 Purpose.
The purpose of this article is to permit such signs that will not, by their reason, size, location, construction or manner of display, endanger the public safety of individuals, confuse, mislead or obstruct the vision necessary for traffic safety or otherwise endanger public health, safety and morals and to permit and regulate signs in such a way as to support and complement land use objectives set forth in this chapter.
§ 625-35 General requirements.
A.
Conformance with Uniform Construction Code. All signs shall conform to the requirement of the New Jersey Uniform Construction Code.
B.
Maintenance.
(1)
All signs, including official signs, together with all their supports, braces, hooks, guys and anchors, shall be of substantial and sturdy construction, shall be kept in good repair and shall be painted or cleaned as often as necessary to maintain a clean, neat, legible, safe and orderly appearance. All lighting elements shall be kept in good working order when lighting is provided.
(2)
The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property, or his designee, upon which the ground sign is located shall be responsible for maintaining the condition of the area.
C.
Obstruction of doors, windows or fire escapes. No sign shall be erected, relocated or maintained so as to prevent ingress or egress from any door, window or fire escape. No sign, other than warning signs, shall be attached to a fire escape or standpipe.
D.
Obstruction of architectural features. No sign shall be erected, relocated or maintained in such a manner as to cover or intrude upon any architectural features of a building, such as windows, columns, moldings, railings or any major decoration or structural feature.
E.
Graphics not to constitute traffic hazards. In order to secure and maintain reasonable traffic safety, no sign shall be erected or maintained in such a manner as to obstruct free and clear vision or distract the attention of the driver of any vehicle by reason of the position, shape, color, reflection, illumination, etc., thereof.
F.
Unsafe signs. Whenever a sign shall become structurally unsafe or endanger the safety of the building or the public, the Construction Official shall order such sign to 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 by the owner of the building or premises on which such unsafe sign is affixed or erected.
G.
Removal of damaged signs. Any sign damaged, destroyed or deteriorated in any manner whatsoever to the extent of more than 75% of its replacement value shall be removed or alternatively reconstructed in accordance with the provisions of this chapter and thereafter utilized only in such a manner as to conform to all provisions of this chapter.
H.
Removal of derelict signs. Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to entirely remove any remaining or derelict on-premises signs following notification by the Town and at the expense of the owner of such property. Where due written notification has been given by the Town and compliance has not been made within the required ninety-day period, the Town may cause removal of such sign, with the cost for such removal to be attached to the property.
I.
Measurement of gross advertising area of a sign.
(1)
The entire square footage is the space within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
(2)
Cutout letters or numbers supported independently on a wall shall be measured by the smallest rectangle which encompasses the entire letter. Ground, hanging and window signs which have no background shall be measured by the smallest rectangle which encompasses all of the lettering, illustration or total display, exclusive of any supporting members used solely for such purpose.
(a)
Ground signs consisting of opaque or translucent backgrounds and having cutout letters mounted on them shall be measured by the outside dimensions of the background.
(b)
Ground signs carrying the same message on two sides shall be considered a single sign, provided that the two sides are parallel and of the same size.
(c)
Ground signs with four sides are permitted, provided that parallel sides carry the same message. Two sides may contain a message, and the opposite two sides may contain a logo. The total square footage of all four sides shall not be greater than twice the permitted square footage of a single ground sign, and each side may not be greater than that permitted for a single ground sign.
J.
All street graphics shall, in addition to complying with this chapter, comply with all appropriate county, state and federal regulations. Should any county, state or federal regulations be applicable, the regulations shall apply in lieu of this chapter to the extent that such regulations are more restrictive.
K.
Signs within the public right-of-way. No sign shall project into a vehicular public way. Signs that overhang a pedestrian way/sidewalk shall be covered by a public liability insurance policy that names the Town as the insured party.
[Added 10-16-2001 by Ord. No. O:2001-20]
L.
Limitations on programmable electronic signs. Programmable electronic signs shall conform to the following:
[Added 5-7-2013 by Ord. No. O:2013-08]
(1)
Programmable electronic signs shall be considered primary signs and are subject to all other applicable requirements of this article, including but not limited to the total permitted number of signs, size, height, location, and content with the following additional provisions:
(a)
The leading edge of the sign must be set back a minimum distance of 100 feet from an abutting residential district boundary.
(b)
No more than one two-sided display per each freestanding sign structure shall be permitted.
(c)
No more than one two-sided display shall be permitted for any one property.
(d)
The minimum spacing between programmable electronic signs shall be 200 feet.
(e)
The area of the programmable electronic sign shall be no greater than 50% of the maximum total allowable sign area for the subject property.
(2)
Programmable electronic signs are prohibited in all residential zones with the exception of signs serving public or institutional uses or used by a governmental agency to display public service information, and in all redevelopment zones unless specifically permitted by the governing redevelopment plan.
(3)
Programmable electronic signs that are located on property adjacent to a residential district shall be turned off between the hours of 10:00 p.m. and 6:00 am.
(4)
Animated messages or videos, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement are prohibited.
(5)
Audio messages are prohibited.
(6)
Messages must have a minimum duration of eight seconds and must be a static display.
(7)
Transition from one message to another message shall appear instantaneous as perceived by the human eye.
(8)
Each sign message shall be complete in itself and shall not continue on a subsequent sign message.
(9)
Signs shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of 0.3 footcandle above ambient light, as measured using a footcandle (lux) meter and in conformance with the following process:
(a)
Light measurements shall be taken with the meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face, at the following distances:
[1]
A sign that is 0 to 100 square feet in area shall be measured at a distance of 100 feet from the sign area being measured;
[2]
A sign that is 101 to 350 square feet in area shall be measured at a distance of 150 feet from the sign area being measured;
[3]
A sign that is 351 to 650 square feet in area shall be measured at a distance of 200 feet from the sign area being measured;
[4]
A sign that is 651 to 1000 square feet in area shall be measured at a distance of 250 feet from the sign area being measured; and
[5]
A sign that is over 1,000 square feet in area shall be measured at a distance of 350 feet from the sign area being measured.
(b)
An ambient light measurement shall be taken using a footcandle meter at some point between the period of time between 30 minutes past sunset and 30 minutes before sunrise with the sign turned off to a black screen.
(c)
Immediately following the ambient light measurement taken in the manner required by this subsection, an operating sign light measurement shall be taken with the sign turned on to full white copy.
(d)
The brightness of a sign conforms with the brightness requirements of this subsection if the difference between the ambient light measurement and the operating sign light measurement is 0.3 footcandle or less.
(e)
Certification must be provided to the Town demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration may be periodically required by the Town at its reasonable discretion, at the owner's expense, to ensure that the specified brightness levels are maintained at all times.
(10)
All signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.
§ 625-36 Administration.
[Added 10-16-2001 by Ord. No. O:2001-20]
A.
Signs as part of a site plan application. Site plan applications shall provide a signage plan that includes all signs proposed on site. The design of the signage shall be coordinated with the landscaping and building elements of the plan and shall utilize a uniform theme in terms of materials, colors, style and architectural detail. All proposed signs shall comply with the requirements of this chapter and shall be reviewed and approved as part of the site plan approval.
B.
All other signs. For signs not approved as part of a site plan application, a permit shall be required for any sign to be erected, displayed, altered or enlarged. Such permit shall be issued by the Zoning Officer upon the filing of an application, including, as a minimum, a scale drawing specifying dimensions, materials, illumination, letter sizes, colors, support systems and location on the land or building, with all relevant measurements.
C.
Permits shall only be issued if the sign complies or will comply with all applicable provisions of this chapter and the State Uniform Construction Code.
§ 625-37 Prohibited signs.
A.
The following types of signs are prohibited in all zones:
(1)
Any sign which is not a permitted sign for any use or district as specified in this chapter.
(2)
Off-premises advertising signs.
(3)
Any sign causing confusion with traffic signs or lights or by confusing with official street signs or signals because of its placement, color, reflective surface or shape.
(4)
Any sign which endangers traffic by obscuring or obstructing a clear view.
(5)
Flashing, moving or fluttering signs. Flashing means a pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully nonilluminated or operates with transitory bursts for periods of less than one second for the purpose of drawing attention to the sign. Moving, lighted merchandise displays in shop windows shall not be deemed to be a flashing, moving or fluttering sign.
[Amended 5-7-2013 by Ord. No. O:2013-08]
(6)
Any sign visible from the public right-of-way using the word "stop."
(7)
Any ground or projecting signs within the sight triangles and less than eight feet from the ground.
(8)
Portable signs except those permitted by this chapter.
B.
No sign shall exceed 15 feet in height.
§ 625-38 Signs permitted in all zones.
A.
A maximum of two real estate signs advertising the sale, rental or lease of only the premises on which such signs are maintained shall be permitted. Such signs shall not in any case display more than 20 square feet of surface (see § 625-35) on tracts of acreage or new developments. When advertising the sale of an existing structure, such signs shall not in any case display more than six square feet of surface per sign.
B.
One nonilluminated announcement sign, not exceeding one square foot in area, is permitted in any zone for each tenant or owner per structure.
C.
Temporary signs identifying contractors, builders and tradesmen engaged in construction of buildings may be permitted to have an area of 12 square feet and may only be displayed while work is being performed on site.
D.
Public and quasi-public signs identifying uses such as the following are permitted and may have a maximum area of 12 square feet, provided that they comply with the restrictions set forth in § 625-40 for public buildings, schools, churches, hospitals, clinics, clubs, lodges or public utilities.
E.
Temporary or portable signs for special event displays may be erected on the premises of any establishment having a special event, provided that the total surface of all such signs shall not exceed 32 square feet in area and shall not be displayed for a period of more than seven calendar days within a thirty-day period.
F.
Temporary signs posted to advertise and/or provide directions for special events, such as real estate open houses, yard sales, parties and similar events, may only be displayed on the day of the event. Such signs may only be posted on the morning of the event and must be removed the same day the event is completed. Special permission may be obtained from the Town Clerk to remove the signs on the day following the event where reasonable under the circumstances. Persons responsible for the removal of such signs who fail to comply with the requirements of this provision shall be subject to a fine of not less than $10 nor more than $50 per sign. Each violation shall be considered a separate offense.
[Added 6-5-2007 by Ord. No. O:2007-09; amended 6-19-2007 by Ord. No. O:2007-11]
§ 625-39 Political signs.
[Added 10-16-2001 by Ord. No. O:2001-20]
Political signs, provided they pertain to elections or political events in which the registered voters of the Town of Phillipsburg may participate, shall be exempt from the requirements of § 625-36B above, provided they meet the following requirements:
A.
The maximum size of a single political sign shall be nine square feet. The total square footage of all political signs on a single property shall be nine square feet.
[Amended 4-18-2006 by Ord. No. O-2006-19]
B.
Political signs shall be located on private property, outside the public right-of-way or any sight triangle, sight easement or sight lines for a road or driveway.
D.
Posting of political signs shall be limited to 60 days prior to the election or political event to which they apply. All political signs shall be removed within five days after the election or political event to which they apply.
§ 625-40 Business signs, general.
[Amended 10-16-2001 by Ord. No. O:2001-20]
In addition to the foregoing, signs complying with the following provisions are permitted for all permitted businesses, except those businesses covered by § 625-41 below:
A.
Location and number.
(1)
There shall be no more than one wall sign per business on each side of a building fronting on a public street.
(2)
There shall be no more than two ground signs.
(3)
There shall be no more than two temporary signs.
(4)
Signs attached to buildings may not extend above the eaves or cornice of a wall enclosing usable space.
(5)
Signs, either permanent or temporary, on awnings, marquees or canopies must comply with all provisions of this chapter.
(6)
In addition to permitted business signs, one traffic directional sign may be placed upon the side wall of a business building, subject to the following limitations:
(a)
Said sign shall display no advertising matter.
(b)
The wording on said sign shall be limited to "one-way," "parking in rear" or words of similar import intended to direct traffic flow or to further the safety and convenience of the general public.
(c)
Any such sign shall not exceed four square feet in area.
B.
Area.
(1)
The aggregate area of all permanent signs of all types other than wall signs shall not exceed 25 square feet plus one square foot for each two linear feet of lot frontage. For the purpose of this computation, only one face of a sign projecting at right angles to a building wall or one face of a two-sided ground sign need be counted. There shall be a maximum of 65 square feet allowed.
(2)
The aggregate area of all permanent wall signs shall be two square feet for each linear foot of front facade but shall not cover more than 15% of the front facade area.
§ 625-41 Business signs, Union Square Redevelopment Area and B-3 Business District.
[Added 10-16-2001 by Ord. No. O:2001-20]
Signs in the Union Square Redevelopment Area (RDA #4/5) and B-3 Zone shall be designed to promote the unique character of the area and enhance the design objectives of the Redevelopment and Gateway Plans by requiring new and replacement signage that complies with the general provisions of §§ 625-34 to 625-37 above and the following provisions:
A.
Allowed signs.
(1)
There shall be no more than one business sign per business on each side of a building fronting on a public street or public parking area. This sign may be a wall sign, projecting sign or awning/canopy/marquee sign and should be designed to identify the business use for the motoring public.
(2)
There may also be one business sign per business on each side of a building fronting on a public street or public parking area designed to identify the business use for pedestrians. This sign may be a wall, door or window sign.
(3)
Ground signs shall only be permitted for buildings fronting on a sidewalk in excess of 12 feet in width or fronting on an interior courtyard, plaza or parking area.
(4)
Not more than one portable sign per building or 25 feet of building frontage shall be permitted, provided such sign is located to retain a minimum of 3.5 feet along South Main Street and five feet in Areas 1 and 4 of the Union Square Redevelopment Area of open sidewalk area, free of obstructions, for pedestrian circulation. Such sign shall also be located outside any sight triangle, sight easement or necessary sight line for a roadway or driveway.
(5)
Each building shall and each use may have an address sign which shall contain at the minimum the street number and at the most the business/use name and address.
(6)
Directional signs shall be provided in the locations and numbers necessary to provide for the safety and convenience of the site users.
(7)
Where there is remaining evidence of advertising signs for businesses that have historical or nostalgic interest to the community, these signs may be restored to their original condition and text. Such signs will not be included in the calculations of total allowed signage.
B.
General standards for signs.
(1)
Signage affixed to or associated with a building shall be architecturally compatible with the style, colors and details of the building. Signs for multiple uses within a single building shall have a similar style, size, location and color scheme.
(2)
Signs shall be mounted to conceal the method of installation or the mounting method shall be architecturally compatible with the style and details of the building. Where possible, signs should fit within existing facade features.
(3)
Signs shall be placed to maximize their visibility to the intended user of the site and to minimize their interference with other signs within the immediate area.
(4)
If illuminated, signs shall be either spotlighted or backlighted with a diffuse light source. Spotlighting shall require complete shielding of all light sources; light shall be contained within the sign frame and shall not significantly spill over to other portions of the building, unless part of a lighting plan to illuminate part or all of the building.
(5)
Color, content, letter size and style should be designed to maximize the legibility of the sign. The number of colors within a single sign should be limited, preferably to three. Colors should be chosen that maximize the contrast between the background and the letter color. The principal message unit of a sign should be visually prominent, concise and easily distinguished from a distance. The minimum letter size of the principal message unit for signs intended for motorists should be six inches in height.
C.
Standards for specific sign types.
(1)
Business signs designed to identify the business use for the motoring public shall meet the following:
Sign Type | Area/Size | Height | Number Per Site | |
|---|---|---|---|---|
Wall sign | Maximum one square foot for each linear foot of building face width for all wall signs on a building | Not to exceed maximum height of first floor | One per use per side facing right-of-way or public parking | |
Projecting sign | 10 square feet maximum per side | Minimum 8 feet above grade of sidewalk | One per use per side facing right-of-way or public parking/ maximum two per building side | |
Awning/canopy sign | 10-inch maximum letter height | Minimum 8 feet above grade of sidewalk | 2 signs per awning | |
Marquee | 10-inch maximum letter height | Minimum 10 feet above grade of sidewalk | 1 per building |
(2)
Business signs designed to identify the business use for pedestrians shall meet the following:
Sign Type | Area/Size | Height | Number Per Site | |
|---|---|---|---|---|
Wall sign | Maximum 4 square feet | Not to exceed maximum height of first floor | One per use per side facing right-of-way | |
Window sign | 25% of the window area | Ground floor only, except for business uses on the 2nd floor | N/A | |
Door sign | 40% of glass area or 2 square feet maximum | N/A | One per use |
(3)
Other permitted signs shall meet the following:
Sign Type | Area/Size | Height | Number Per Site | |
|---|---|---|---|---|
Ground sign | Maximum 16 square feet | Maximum 5 feet | One per building | |
Portable sign | 4 square feet per side | N/A | One per building or 25 feet of building frontage |
(4)
The following signs are allowed and exempted from regulations:.
(a)
Official notices, legal notices and signs required by law.
(b)
Trespassing signs, private property signs, signs controlling fishing and other like signs, not exceeding two square feet per side.
(c)
Special event signs of a temporary nature and limited duration, not exceeding six square feet.
(d)
Public service and informational signs, such as those indicating rest rooms, telephones or similar public conveniences, not exceeding two square feet per side.
(e)
Residence designation signs and historic plaques, not exceeding one square foot.
(f)
A bulletin board or similar sign not exceeding 12 square feet in display area, in connection with any place of worship, museum, library or similar public or semipublic use, provided the top of such sign shall not exceed five feet above ground level.
(g)
Directional signs, not to exceed four square feet.
(5)
The following temporary signs are permitted:
(a)
Construction signs, not to exceed four square feet for renovation or rehabilitation projects and 16 square feet for new construction. Signs shall be removed when work is completed by the contractor listed on the sign.
(b)
For sale/rent/lease signs, not to exceed 12 square feet. Signs shall be removed upon transfer of the property.
(c)
Banners and buntings commemorating recognized holidays, community events or special events, to be removed within 10 days after the end of the event.
D.
General design considerations.
(1)
Size of signs.
(a)
Within the requirements above, the size of a sign should be determined by the scale of the building to which it will be attached or the space where it will be located. The scale of surrounding buildings should also be considered, as well as the scale, style and location of adjacent signs. Each sign should be a component of a larger community picture.
(b)
The size of the sign and the size of the words on it should be determined by the viewers' location and speed. Bigger is not always better, as excessively large signs often cause needless visual competition and confusion.
(2)
Sign lettering. Lettering styles create an image and assist in establishing a sense of character. Lettering styles should complement the style and period of the building on which they appear. They should be easy to read and consistent throughout a sign message.
(3)
Sign illumination.
(a)
Businesses/uses open in nighttime hours should have illuminated identification signs. Such signs should be designed to be equally attractive whether viewed during the day or in the evening. The intensity of illumination should not be excessively bright, and the surface of the sign should be evenly lit throughout with no isolated bright spots or reflected glare.
(b)
Either internal illumination or direct external illumination may be used, with the light source being concealed or shielded. Signs should not be illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless the premises is open during those hours.
(4)
Sign material. Selection of materials and textures for sign construction should consider how the sign will fit into the surrounding streetscape and whether it will be consistent with the architectural character of the site and the building of which it is a part. Sign materials should be durable and high quality for ease of maintenance, longevity and continued attractive appearance.
(5)
Sign content and shape. Sign information should be brief enough so that it can be comprehended under the circumstances and speed at which it is intended to be viewed. Pictures, symbols and logos can add distinction and character to signs as well as communicate quickly information about the business being identified. The shape of the sign should be compatible with building and may also be used to convey information about the business being identified.
§ 625-42 Nonconforming signs.
A.
Nonconforming permanent signs may be continued in use or replaced but may not be enlarged or made less conforming.
B.
Any change in a sign, e.g., a new sign of a different style, shall constitute abandonment of the prior sign, and the succeeding sign shall conform to all provisions of this chapter.
§ 625-43 Illumination and glare.
A.
All illumination immediately adjacent to reflecting surfaces must be shielded from view from the public right-of-way and adjacent dwelling lots. Illumination shall concentrate upon the area of the sign so as to prevent glare upon the street or adjacent property.
B.
Illumination of any kind visible from the public right-of-way, such as signs, buildings and display windows, must be such that the light intensity does not exceed 50 candles per square foot on a standard Weston photographic light meter, or equivalent, held at a distance of three feet from the visible light source, illuminated surface or display window. Illumination visible on an adjacent dwelling lot may not exceed 0.8 candles per square foot with the meter reading at any point on the lot line.
§ 625-44 Signs in R-50 Zone.
Neighborhood businesses in the R-50 Zone may have nonilluminated signs flat against the building wall with an aggregate area of one square foot for each two linear feet of the building wall fronting on a street or an area of 15 square feet, whichever is less.
§ 625-45 Temporary signs; violations and penalties.
[Added 12-1-1998 by Ord. No. O:98-24]
A. TEMPORARY SIGN
Definition. As used in this article, the following terms shall have the meanings indicated:
A sign, poster, advertisement, bill, placard or banner displayed for the purpose of relaying information expressing an opinion, advocacy for a political office or publicizing an event which is rendered moot or otherwise loses its information quality by the passing of an event which is the subject matter of such sign, poster, advertisement, bill or placard. Said event shall include, by way of description but not limitation, general and special political elections.
B.
No temporary signs shall be affixed by tacking, pasting or otherwise mounting upon utility poles, light standards, trees or the like unless in accordance with the following regulations:
(1)
Temporary signs located in the public right-of-way shall not be across, over or extending onto the paved portion of any public roadway. Temporary signs shall not be installed in such a manner as to interfere with or obstruct access or vision along any such right-of-way.
(2)
Each temporary sign must be clearly marked with the name of the person or organization responsible for the removal of such signs. Any signs not so designated with the name of said person or organization shall be removed by the Zoning Officer.
(3)
No temporary sign may be placed on any vacant building without the written permission of the owner of the building.
(4)
It shall be unlawful to allow temporary signs to remain posted for a period of more than seven days after the event or election which is the subject matter of such sign. In accordance with § 625-38F, temporary signs posted to advertise and/or provide directions for special events, such as real estate open houses, yard sales, parties and similar events, may only be displayed on the day of the event. Such signs may only be posted on the morning of the event and must be removed on that same day after the conclusion of the event.
[Amended 6-5-2007 by Ord. No. O:2007-09; 6-19-2007 by Ord. No. O:2007-11]
(5)
It shall be the responsibility of the person whose name appears on such temporary sign to remove such within the aforestated period.
(6)
Upon violation of any portion of this chapter, the person responsible for the removal of such signs shall be subject to a fine of not less than $10 nor more than $50 per sign. Each violation shall be considered a separate offense.