Rockaway City Zoning Code
ARTICLE IV
Signs
§ 172-35 Purpose.
The purpose of these regulations is to:
A.
Control the size, location, character and other pertinent features of all exterior signs or signs visible from the exterior of any premises within Rockaway Borough.
B.
Promote signage which is compatible with its surroundings, orderly, readable, appropriate, helpful and nondistracting to motorists.
C.
Discourage and render unlawful signs which contribute to visual pollution and clutter, are in disrepair or of faulty construction or are in any way inimical to the public safety and welfare.
D.
Permit the use of banners (as defined in this § 172-35) by business owners for a limited period of time as provided in this Article IV. "Banners" shall be defined as a sign, displayed for the limited period of time, intended to inform the public of a unique happening, action, purpose or occasion or to advertise sales or seasonal items. The banner shall be printed or displayed on cloth or other durable flexible material and may be used to supplement permanent signs lawfully erected on the property of the business owner but may not be used as a substitute for permanent signs as required hereunder. Banners shall be temporary in nature and must meet all of the requirements specified in this Article IV. Balloons, streamers, or flags of any kind or size do not qualify for a permit to display banners.
[Added 10-13-2005 by Ord. No. 15-05]
§ 172-36 Permits; application; conformance to requirements.
A.
Generally. A sign permit shall be required before the erection, re-erection, laminating, changing plastic panels, construction, alteration, placement or location of any permanent sign permitted by this article.
B.
Exemptions. A permit shall not be required for the following, provided that such items are subject to all other provisions of this chapter:
(1)
Repainting or resurfacing of signs.
(2)
Relocation of signs as required by the municipality.
(3)
Exempt signs.
C.
Permit application and fees. Before the issuance of any permit required by this chapter, the applicant shall pay to the Treasurer of the Borough of Rockaway the required fee in accordance with the building permit fee schedule of the Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. A263, Fees, § A263-1C, Uniform Construction Codes.
D.
Any business owner requesting the right to display temporary banner signs shall apply for and have issued a permit by the Borough of Rockaway before such business owner may display such signs. There shall be imposed a fee of $40 for each permit period subject to the following limitations: Each permit period shall consist of 21 consecutive days; there shall be no more than four permit periods in any calendar year; and there shall be not less than 15 consecutive days between each permit period. The application must identify the permit period(s) and shall be submitted to the Zoning Officer not later than 10 days prior to the commencement date of any permit period. Any tenant of a business owner must have the written consent of the business owner or owner of the property from which the banner sign shall be displayed.
[Added 10-13-2005 by Ord. No. 15-05[2]; 9-22-2011 by Ord. No. 09-11]
[2]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.
E.
Plan requirements. Plans shall conform to the requirements as stated on the application form. In addition, when application is made for a freestanding or pylon sign or an on-site directional sign, a site plan shall be submitted in the manner prescribed by Chapter 171, Land Subdivision and Site Plan Review.
§ 172-37 Removal.
A.
Signs on vacant premises. The owner of a property shall remove the advertising, message, symbol or other information conveyed by any sign within 90 days after the activity, business or use which the sign advertises or calls attention to is no longer conducted in or upon the premises or is abandoned.
B.
Illegal signs. Any sign erected or applied in violation of this chapter shall be removed by the owner within 10 days after receipt of written notification by the Construction Official.
§ 172-38 Prohibited signs.
[Amended 10-13-2005 by Ord. No. 15-05; 12-17-2007 by Ord. No. 22-07; 9-22-2011 by Ord. No. 09-11; 11-14-2024 by Ord. No. 24-25]
The following signs are prohibited:
A.
Flashing, moving or animated signs; however, nonflashing, digital reflected-light time and temperature signs shall be allowed in the O-B, G-B, N-C, GLI and HT/LI Zones. Any temperature sign shall conform to the height, size and setback requirements for the zoning district where it is located.
B.
Signs which have any lighting or control mechanism which causes radio or television interference.
C.
Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for fire-fighting purposes, or placed so as to interfere with any opening required by law for ventilation.
D.
Hanging signs which are fixed to any tree, fence or any electrical, telephone or other public utility pole.
E.
Signs which in any way simulate official directional or warning signs erected or maintained by the State of New Jersey, Morris County, or Rockaway Borough or by any railroad, public utility or agency concerned with the protection of the public health or safety.
F.
Signs which may dangerously confuse or distract the attention of the operator of a motor vehicle.
G.
Signs which may dangerously confuse or distract the attention of the operator of a motor vehicle or a pedestrian.
H.
Signs which consist of balloons, streamers and flags of any size (unless such flag shall have a qualified right to be displayed on property), posters, fluorescent paint, ribbons, steamers, strings of light bulbs, spinners or any other similar types of devices, whether or not they contain a message. A business owner, however, may display banner signs for the limited period of time expressed in this Article IV.
I.
Signs which are portable or fixed on a movable stand, self-supporting without being firmly imbedded in the ground, or are supported by other objects. Notwithstanding this prohibition, a business owner may display an A-frame sign per § 172-49 in the B-C Zone, Downtown Redevelopment Zone, and along non-R Zoned properties that contain a commercial use fronting on West Main Street or East Main Street. This regulation shall not be construed to permit A-frame signs as part of home occupation, community residence, or family day-care home uses.
J.
Signs located in a public right-of-way or approved sight easement (if the sign is taller than 30 inches), except those owned and maintained by a duly constituted governmental agency.
K.
Signs located, painted or affixed on a water tower, storage tank, tower or other similar structure.
L.
Signs located, painted or affixed on trees, rocks or other natural features.
M.
Signs which extend above the top or beyond the ends of the canopy, marquee or mansard surface of the wall on which they are located.
N.
Signs which protrude more than 12 inches from the surface to which they are affixed.
O.
Except for A-frame signs permitted in the B-C zone per § 172-61D(13), signs which are mounted on wheels or on a movable vehicle and signs which are made easily movable in any other manner.
§ 172-39 General sign requirements.
A.
Conformance with building code. All signs shall conform to the requirements of the Uniform Construction Code[1] and other applicable codes of the Borough of Rockaway.
[1]
Editor's Note: See Ch. 115, Construction Codes, Uniform.
B.
Maintenance.
(1)
All signs (including official signs, banner signs, and portable signs as permitted by this Article IV), together with all their supports, braces, hooks, anchors and other fastening devices, 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, safe and orderly appearance. All signs must be properly secured so as to not cause a hazard or an unsafe condition to pedestrians or property.
[Amended 10-13-2005 by Ord. No. 15-05; 9-22-2011 by Ord. No. 09-11]
(2)
The area surrounding permitted freestanding or pylon signs shall be kept neat, clean and free of litter. The owner of the property upon which said sign is located shall be responsible for maintaining the condition of the sign and of the surroundings. These provisions shall apply to freestanding or pylon signs existing on the effective date of this chapter, as well as those hereafter erected, enlarged or reconstructed.
(3)
Banner signs shall be placed only upon a structure located upon the property of the business owner requesting the right to display banner signs, or if a tenant of the business owner desires to display banner signs, such tenant shall adhere to the requirements of this Article IV. The owner of the property upon which such banner signs are erected shall be responsible for the acts of its tenant in utilizing the property of such business owner.
[Added 10-13-2005 by Ord. No. 15-05]
C.
Lighting of signs. Indirect or interior lighting may be used to illuminate any sign, unless otherwise indicated, provided that the source of light shall concentrate the illumination upon the area of the sign in a manner to prevent glare upon the street or adjacent property.
D.
Permanent signs. Permanent signs shall be permitted as specified in the Schedule of Sign Regulations. All permanent signs, other than directional signs, shall be located on the premises of the use or activity which they identify, advertise or to which they call attention.
E.
Banner signs. No more than two banner signs may be permitted in any permit period as defined in § 172-36D. If a business owner shall have more than one tenant in his building who wishes to utilize banner signs, no tenant shall be permitted to display more than one banner sign for each permit period where more than one tenant or business owner desires to display a banner sign. Banner signs may be displayed as wall-mounted or ground-mounted signs, provided the size of such banner sign and its location meet in all respects the requirements for permanent signs for such business owner’s property.
[Added 10-13-2005 by Ord. No. 15-05; amended 9-22-2011 by Ord. No. 09-11]
(1)
Size of banner signs. If a business owner makes application for one banner sign during any permit period, such banner sign shall not, in any event, exceed 30 square feet in sign area (excluding any wall- or ground-mounting hardware). If the business owner shall make application for two banner signs, no such banner sign shall exceed 15 square feet in size (excluding any wall- or ground-mounting hardware). No business owner or tenant shall utilize or maintain any banner sign beyond the boundaries of the business owner’s property. If a business owner or tenant desires to mount a banner sign on a wall of a building, such banner sign shall not protrude above the roofline of the building or structure upon which such sign is mounted and must lie flat against the building surface at all times. No banner sign shall be permitted to "stream" in the wind.
(2)
Setback requirements. Any banner sign which is ground-mounted shall not be closer to any side line of the property owned by the business owner or leased from the business owner than 10 feet from said side line. No banner sign shall be strung across any roadway nor shall such sign be affixed to any utility pole. No such banner sign shall be affixed to any other structure adjoining the property of the business owner or tenant of the business owner.
(3)
Ground-mounted banner signs. Any ground-mounted banner sign shall be securely attached at the top and bottom corners of the metal or other durable structure frame designed to hold such banner sign.
§ 172-40 Facade signs in B-C, O-B, N-C, H-C, GLI and HT/LI Zones.
[Amended 7-11-2002 by Ord. No. 10-02; 12-13-2012 by Ord. No. 26-12; 11-14-2024 by Ord. No. 24-25]
A.
Every facade sign shall be attached and parallel to the face of the building and shall not extend further than 12 inches from the face of the building, provided that where a sign extends more than three inches from the face of said building no portion of a facade sign shall be closer than 10 feet to the ground level below said sign. Where a building has a permanent mansard, canopy or marquee constructed as an integral part of said building, a sign as permitted in this section may be placed on the front of the marquee. For the purpose of administering this section, the permitted area of the sign on the canopy, mansard or marquee shall be determined by the area of the wall from which said canopy, mansard or marquee extends.
B.
There shall be not more than one such sign as herein regulated for each separate tenant of the premises, provided that where the tenant premises front on two streets, two signs shall be permitted. Where a building is served with a rear entrance or entrances opening on a parking area and intended for use by the public as approved by the Land Use Board, each tenant with such entrance or entrances in the building is permitted one additional sign facing such parking area as regulated for the frontage of the building.
C.
Permitted area.
(1)
The total sign area for all facade signs permitted in the O-B, N-C, H-C, GLI and HT/LI Zones shall be computed as follows:
Building Frontage (feet) | Permitted Sign Area as a Percentage of Facade Area |
|---|---|
40 or less | 20% |
41 to 100 | 15% |
Over 100 | 10% |
(2)
However, where an extension or enlargement of an existing business or industrial building is permitted, facade signs having an area not to exceed 20% of the facade area may be permitted by the Land Use Board at site plan approval, if necessary, to create compatibility with existing signage. Those portions of a building facade over 14 feet in height shall not be included in the computation of permitted sign area.
D.
No facade, building canopy or marquee sign shall have an area, height or any dimension greater than as approved by the Land Use Board as part of the site plan approval.
E.
Signs may be illuminated in compliance with the provisions of § 172-39C hereof.
F.
In the O-B, N-C, H-C, GLI and HT/LI Zones, one freestanding sign per commercial or industrial site development shall be permitted; in the B-C Zone only facade signs or monument signs not higher than six feet or more than 15 square feet in area shall be permitted. All business signs in the B-C District shall also comply with the requirements of § 172-61D.
§ 172-41 Freestanding signs; single business locations within O-B, N-C, H-C, GLI and HT/LI Zones.
[Amended 11-14-2024 by Ord. No. 24-25]
A.
The provisions of this section shall be applicable only to those locations within the O-B, N-C, H-C, GLI and HT/LI Zones at which no more than one business is located. Locations at which more than one business is located shall be governed by § 172-42.
B.
No freestanding or pylon sign shall be hung less than 10 feet from a property line or more than 15 feet above the ground, or exceed an area of 15 square feet per sign face. Where the subject property abuts a street right-of-way, no sign shall be hung less than 15 feet from the property line.
C.
No freestanding or pylon sign shall have more than two sign faces.
D.
Freestanding signs may be illuminated as provided in § 172-39C hereof.
§ 172-42 Freestanding signs; multiple business locations within O-B, N-C, H-C, GLI and HT/LI Zones.
[Amended 11-14-2024 by Ord. No. 24-25]
One freestanding pylon sign for each building or group of buildings under one management, having a gross floor area of not less than 20,000 square feet shall be permitted, provided that the following conditions are met:
A.
Said pylon sign shall identify the commercial or industrial center or principal business only. Tenants within the building shall not attach their sign to any part of the permitted pylon sign.
B.
The height of the pylon sign shall not exceed 15 feet, and no part of the sign illustration shall be less than 10 feet above the ground.
C.
No freestanding sign shall be within 15 feet of any abutting street right-of-way or property line.
D.
The area of the sign shall not exceed 15 square feet.
E.
No permit for a freestanding pylon sign under § 172-41 and this section shall be issued unless detailed plans of the sign, structure and foundation have been submitted and approved by the Borough Engineer. Such plans shall bear the signature and seal of an architect or professional engineer registered in the State of New Jersey.
§ 172-43 Temporary signs.
The following temporary signs are permitted:
A.
Temporary signs announcing or advertising any political, educational, charitable, professional, religious or like campaign or event for a period not to exceed a total of 30 days of any calendar year.
B.
A real estate sign other than a "sold" sign is permitted in all zones advertising the sale, rental, lease or future use of a property, provided that:
(1)
It is nonilluminated.
(2)
It pertains only to the premises on which it is placed.
(3)
It does not exceed four square feet in area.
(4)
It is removed within seven days of the consummation of the lease, rent or sales transaction.
(5)
It is at least 10 feet from any street right-of-way line, unless the sign is attached to a portion of a building that may be nearer to said street line.
C.
A temporary sign on a new construction site pertaining to the work on that site is permitted in all zones subject to the regulations of Subsection B above; provided, however, that it shall not exceed 15 square feet in area.
§ 172-44 Institutional signs.
Signs of schools and public buildings, churches, and rest homes may be erected and maintained, provided that:
A.
The minimum sign setbacks for the zone in which they are located are observed.
B.
The area of the sign does not exceed 15 square feet.
C.
The height of the sign does not exceed 10 feet.
D.
All signs are located on the premises which they identify.
§ 172-45 Special permit signs.
[Amended 12-13-2012 by Ord. No. 26-12]
Signs which do not lend themselves to the ordinary processes of measurement or, because of their nature, require special control, may be permitted when the Land Use Board finds such signs are appropriate to the type of development or structure to which they are related. All such signs shall be subject to site plan review and approval by the Land Use Board. Signs of or similar to the following types require special permits:
A.
Signs integrated or structurally incorporated into the architecture of buildings.
B.
Signs formed by the arrangement or cutting of landscaping materials or plantings.
C.
Corporate designs, symbols or logos.
D.
Off-premises directional signs.
§ 172-46 Directional signs.
A.
On-premises directional and traffic control signs shall be permitted, provided that they conform to all state, county and Borough traffic regulations and ordinances where applicable. In the event that the directional sign is not a standard traffic control device or sign, it shall not exceed two square feet in area or 30 inches in height.
B.
Off-premises directional signs are permitted as regulated in § 172-45.
C.
One additional direction sign for each road frontage in addition to the principal road frontage may be erected on a commercial or industrial lot which has frontage on more than one public road. The face of such signs shall not exceed a maximum size of two feet by three feet and the height shall not exceed 30 inches. All such signs shall be subject to site plan review and approval by the Land Use Board.
[Amended 12-13-2012 by Ord. No. 26-12]
§ 172-47 Exempt signs.
The following signs do not require a sign permit and are exempt from the provisions of this chapter, provided that they meet the following stated requirements where applicable:
A.
Public signs. Public signs of a noncommercial nature, including safety signs, danger signs, no trespassing signs, signs indicating scenic or historical points of interest and all signs erected by a public officer in the performance of a public duty.
B.
Memorial signs and tablets. Nonilluminated memorial signs or tablets, indicating the name of a building or date of erection not exceeding two square feet in surface which are part of the building construction or attached as wall signs.
C.
Name plates and directories (nonresidential). Nonilluminated name plates and building directories relating only to the use or occupancy of the building to which they are attached. Such signs shall not exceed 12 square feet in surface area and may be part of the building construction or attached as a wall sign.
D.
Name plates (residential). One nonilluminated or shielded illuminated name plate, not exceeding two square feet in surface area, shall be permitted for each single-family residence.
E.
Compatibility with county, state and federal regulations. All street signs shall comply with all appropriate county, state or federal regulations. In the event of a conflict, the more strict regulations shall be observed.
§ 172-48 Public garages, gasoline service and filling stations.
Notwithstanding any other provisions of this chapter, garages and stations permitted herein may display only the following signs which are deemed customary and necessary to their respective business:
A.
One freestanding sign advertising the name of the station and/or the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 15 square feet in area on each side and shall be placed not less than 10 feet from the property line and no portion of said sign other than supporting members shall be less than 10 feet above the ground.
B.
No freestanding pylon sign shall be more than 15 feet in height or have an area in excess of 15 square feet.
C.
Directional signs or lettering displayed over the individual entrance doors or facilities offered at the station, provided that there shall be not more than one such sign over each entrance or facility and the same shall not exceed 12 inches in height nor three square feet in area.
D.
Customary lettering on or other insignia which are a structural part of a fuel dispenser, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator, and any other sign required by law and not exceeding a total of two square feet on each dispenser.
E.
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six square feet in area.
F.
Banner signs may be erected, provided the business owner or the tenant of any business owner of any public garage, gasoline service and filling station shall adhere to the requirements for such signs as expressed in this Article IV.
[Added 10-13-2005 by Ord. No. 15-05]
§ 172-49 A-frame signs. [1]
[Added 11-14-2024 by Ord. No. 24-25]
A.
Applicability: in the B-C Zone, Downtown Redevelopment Zone, and along non-R Zoned properties that contain a commercial use fronting on West Main Street or East Main Street. This regulation shall not be construed to permit A-frame signs as part of home occupation, community residence, or family day-care home uses.
B.
An A-frame sign (as defined in this section) shall be permitted by business owners as provided in this section. An "A-frame sign" shall be defined as a portable, freestanding, self-supporting sign made of durable material that contains two sign faces that are hinged or otherwise fastened at the top such that when viewed from the side, it forms a triangle or "A" shape. An A-frame sign is only intended to inform the public of a unique happening, action, purpose, or occasion or to advertise sale or seasonable items.
C.
An A-frame sign shall be placed only upon the property of the business owner requesting the right to display an A-frame sign, or if a tenant of the business owner desires to display an A-frame sign, such tenant shall adhere to the requirements of this section The owner of the property upon which such an A-frame sign is erected shall be responsible for the acts of its tenant in utilizing the property of such business owner.
D.
Any business owner requesting the right to display an A-frame sign shall apply for and have issued a permit by the Borough of Rockaway before such business owner may display such sign. There shall be imposed an annual fee of $50. The application must be submitted to the Zoning Officer not later than 10 days prior to the display of an A-frame sign. Any tenant of a business owner must have the written consent of the business owner or owner of the property from which the A-frame sign shall be displayed.
E.
No more than one A-frame sign may be permitted as defined in this section. If a business owner shall have more than one tenant in his building who wishes to utilize A-frame signs, no tenant shall be permitted to display more than one A-frame sign.
F.
Size of A-frame signs. If a business owner makes application for one A-frame sign, such A-frame sign shall not, in any event, exceed 42 inches tall by 36 inches wide each side.
G.
Setback requirements. Any A-frame sign shall not be closer to any side line of the property owned by the business owner or leased from the business owner than 10 feet from said side line. No A-frame sign shall be strung across any roadway nor shall such sign be affixed to any utility pole. No such A-frame sign shall be affixed to any other structure adjoining the property of the business owner or tenant of the business owner.
H.
Any A-frame sign shall be securely attached at the top and bottom corners of the metal or other durable structure frame designed to hold such A-frame sign.
I.
Any A-frame sign shall not present any visibility obstruction for vehicles.
J.
Any A-frame sign shall be placed on the sidewalk allowing at least 1/2 the width of the sidewalk as clearance for adequate and unimpeded pedestrian access.
K.
Any A-frame sign must be stored inside the place of business when the business is closed.
L.
Any A-frame sign shall not present any hazard for the general public.
M.
Any A-frame sign may not contain moving parts or have balloons, streamers and flags of any size (unless such flag shall have a qualified right to be displayed on property), posters, fluorescent paint, ribbons, steamers, strings of light bulbs, spinners or any other similar types of devices, whether or not they contain a message.
[1]
Editor's Note: Former § 172-49, Violations and penalties, was repealed 9-14-2006 by Ord. No. 18-06. See now § 172-29.1.
