Business Sign. A sign which directs attention to the sale of goods or to professional services, other services or entertainment rendered or offered upon the premises where such sign is located.

Billboard. A sign, in excess of twenty-four (24) square feet in area, that directs attention to a business, commodity, service, entertainment or facility and is not located upon the business premises.

Flashing Sign. Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when such sign is in use, including, but not limited to moving, rotating, flashing, oscillating, shuttered or similar signage.

Directional Sign. A sign containing no advertising other than a name, either temporary or permanent that serves as a convenience to the public to show direction to a place or activity.

Political Campaign Sign. A sign advertising in favor of or in opposition to a candidate for election, a political party, or a public question.

Temporary signs, including banners and pennants, shall be permitted for special public and semi-public events and for private grand openings, special sales events, contractors, mechanics, painters and artisans.

Illuminated Sign. Any sign which is designed to be seen at night by virtue of artificial light from within, behind or upon such sign, but not including reflector-type signs unless the source of light is made a part of, or is related to, such sign.

Sign Area. The gross area within a single continuous perimeter enclosing the extreme limits of such sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display unless such structural elements are purposely illuminated to form a part of the display. In the case of an open sign, made up of individual letters, figures or designs, the space between such letters, figures or designs shall be included. In computing the area of a double-faced sign, both sides shall be considered, regardless whether both sides are identical.

Wall Sign. A sign attached to or painted on a wall and subject to all sign regulations herein.

Pole Sign. A sign constructed of one (1) or two (2) poles with the sign permanently affixed to the pole(s) and containing one (1) or two (2) sign faces.

Hanging Sign. A sign that hangs off of brackets or chains.

Bulletin Board. A sign describing events, schedules, functions and the like, not exceeding twenty-four (24) square feet in area and set back at least one-third (1/3)[1] from any existing front yard.

A-Frame Signs. A-frame signs shall be allowed for businesses such as restaurants, liquor stores, etc., to advertise daily specials. The A-frame signs shall be no greater than two (2) foot wide by four (4) foot tall, total size above finished grade and must be maintained against the building so as not to impede pedestrian traffic. The A-frame signs can only be exhibited during business hours and must be removed at the conclusion of business hours.

Freestanding Banners. A freestanding banner shall be allowed for all businesses. The freestanding banner shall be no greater than one (1) foot wide by eight (8) feet tall total size above finished grade, and must be maintained against the building so as not to impede pedestrian traffic or obstruct the visual path of vehicular traffic. The freestanding banner may only be exhibited during business hours and must be removed at the conclusion of business hours.

The following signs may be erected and maintained, subject to the conditions specified:

Signs conforming to Subsection B1c and/or d above shall not be subject to site plan approval.

Awnings shall be permitted on all retail buildings in the Borough in all zones. All awnings shall be constructed and installed so that the awning compliments the overall building design. No awning shall extend more than four (4) feet from the building facade. No awning frame shall be less than eight (8) feet above the ground, and no valance shall be closer than seven and one-half (7 1/2) feet from the ground.

Any sign permitted in residential districts; provided, however, that real estate "for sale" and "for rent" signs may be increased to an area not exceeding two (2) feet by four (4) feet for each street frontage.

All commercial stores that are open for business must have at least one (1) sign to identify their business. Business signs or signs for any permitted commercial activity may be erected and maintained on the same building or premises as used to which it refers provided that:

With respect to this Subsection C, pole signs shall be permitted in all business districts facing the Westfield Avenue Corridor subject to the following requirements:

Awnings and Signs in R-1, R-2, R-3, R-4, B-1, B-2, B-3, SCH and PD Districts as Defined in This Chapter 40, Land Use of the Revised General Ordinances of the Borough of Roselle Park.

Flashing, fluttering, moving signs shall be permitted only under the following regulations.

Any sign permitted in residential districts; provided, however, that real estate signs permitted by this section may be increased to an area not exceeding twelve (12) square feet for each street frontage.

Business signs or signs for any permitted commercial activity. A sign may be erected and maintained on the same building or premises as the use to which it refers, provided that the number of such signs shall not exceed two (2), only one (1) of which shall be installed in the front of a building.

One (1) sign designating the name and address of the building may be attached to the front wall of the building; provided, however, that the following restrictions shall apply:

One (1) pole sign describing the business or businesses located on the lot in question; provided, however, that the following restrictions shall apply:

One (1) directory sign bearing the name and/or business of the occupants of a multi-occupancy building may be located at the principal entrance to such building, provided that no such sign shall exceed an area of eight (8) square feet, and the area devoted to each occupant shall not exceed seventy-two (72) square inches.

Any sign permitted in any other district.

Signs for commercial use in the Industrial District shall be in accordance with the provisions of Subsection C hereinabove.

Pole signs shall be permitted, subject to the following requirements:

On any lot, one (1) billboard extending not more than thirty (30) feet in height, such billboard having a display area no greater than eight (8) feet high and thirty (30) feet long, the bottom of the sign not less than ten (10) feet above the ground, and provided that none of the above signs shall be permitted within a required front yard. No billboard shall be located any closer than one thousand (1,000) feet to any other billboard.

No sign shall be erected or maintained so as to prevent free and safe ingress to and egress from any window, door or fire escape and no sign shall be attached to a fire escape.

No sign shall be erected or maintained at the intersection of streets or at a driveway entrance or exit so as to obstruct free and clear vision, and if, located near or within a line of vision of any traffic control sign or signal, such sign shall have no red, green or amber illumination.

Signs may be painted on or affixed flat against the walls of buildings or may project therefrom not more than three and one-half (3 1/2) inches.

Directional signs of a public or semi-public nature, not exceeding ten (10) square feet in area, may be erected in any district; provided, however, that no advertising matter shall be contained thereon, which signs may be used for the following purposes:

Whenever a sign becomes dilapidated or structurally unsafe or endangers the safety of the public, a building or premises, the Construction Official or authorized designee shall give written notice to the owner of the sign or the owner of the premises upon which such sign is located, and such sign shall be made safe, repaired or removed, as applicable, within a period of ten (10) days from receipt of such written notice; otherwise such owner shall be in violation of this chapter.

Neon, argon, or similar tubular gaseous illuminated signs shall be permitted only pursuant to the following regulations:

Temporary Signs.

No hanging sign shall be permitted in any district of the Borough of Roselle Park.

Permits. A sign permit shall be required for all signs regardless of size, excluding: temporary window signs for businesses that do not exceed thirty (30%) percent of the window to which it is attached, and temporary signs for contractors, mechanics, painters and artisans.

Signs designating schools, nonprofit organizations, charities, places of worship, political signs, etc. are exempt from requiring a permit but must comply with any other requirements and regulations of this chapter.

All illuminated signs, regardless of size, shall require a sign permit, and such illumination shall be installed in accordance with applicable electric codes in force in the Borough, and further provided that all signs shall incorporate the Borough's design standards for signage, as same may be amended from time to time.

Permit Fees. No sign permit shall be issued until a sketch showing the size, location, and text and owner has been indicated in writing and a fee has been submitted as set forth in Chapter 16, Building and Construction, of the Borough Code to the office of the Construction Official, together with license or bond, if required.

Bond or Liability Insurance Policy and License. For any sign in any district containing more than fifty (50) square feet and for any sign of any size which projects over public property, a liability insurance policy or an indemnity bond in an amount of ten thousand ($10,000) dollars payable to the Borough of Roselle Park and in a form satisfactory to the Borough Attorney, shall be posted by the owner or erector of such sign; and any such sign and any roof sign of whatever size, shall be erected by an experienced sign erector and certified by a licensed engineer.

Routine Maintenance. Routine maintenance for any nonconforming sign shall be permitted, provided that such maintenance shall comply with the provisions of Subsections H2, 3 and 4 below. The term "routine maintenance" is intended to include such activities as cleaning, replacement of light bulbs, and repainting.

Restoration or Repair of Partial Destruction. Any nonconforming sign existing at the time of the passage of this chapter or any amendment thereto may be continued upon the lot so occupied, and any such sign may be restored or repaired in the event of partial destruction thereof.

Effect of Removal. Nothing contained herein shall be construed to prohibit the removal and subsequent reinstallation of a nonconforming sign for purposes of maintenance, restoration, and repair or permitted alteration.

Alterations. The following provisions shall regulate alterations of nonconforming signs:

Reversion to Nonconforming Sign Prohibited. A sign which is a nonconforming use and which is changed to a conforming use may not thereafter be changed back to a nonconforming use. A nonconforming sign structure and/or message which is changed to a conforming or less nonconforming structure and/or message may not thereafter be changed back to nonconforming or more nonconforming structure and/or message.

Abandonment of Nonconforming Sign. Any nonconforming sign which is abandoned by way of lack of maintenance, restoration or repair or due to the restrictions on alteration as required by this Subsection H shall be removed in its entirety prior to the issuance of any further sign permit.

Any sign which is a principal use on the lot, including but not limited to billboards;

Signs which are not associated with and accessory to the use on the same lot, excluding billboards;

The parking or storage of a motor vehicle or other mobile unit displaying a sign or signs so as to be visible from the public right-of-way or abutting residential zone district;

Flashing, fluttering, animated, moving, vibrating, sequential tracer, rotating or revolving signs, except for barber poles; all municipal and board of education building shall be exempt;

Signs attached to public buildings (except for official signs of the government entities using such buildings), sidewalks, curbs, traffic signs, trees, fences, retaining walls, freestanding walls, utility poles and other poles or posts which are not designed or intended specifically and primarily for the support of such signs;

Signs on railroad or vehicular overpasses, except for official railroad or traffic signs or directional signs;

Signs which simulate official directional or warning signs erected or maintained by the Federal Government, the State of New Jersey, and County or municipality thereof or by a railroad, public utility or similar agency concerned with the public health, safety and welfare;

Signs, illustrations or symbols placed so as to interfere with the opening of an exit door of any building, to obstruct any window opening of a room in a dwelling, to interfere with the use of any fire escape or to create a hazard to pedestrians;

Any sign which falsely identifies the premises or occupant of any premises or building or which falsely advertises for sale on any premises or in any building any product or service not available therein;

Any sign accessory to a home occupation; and

Signs containing obscene, pornographic or lewd messages.

Type of Sign: One (1) nonilluminated freestanding real estate for sale/for rent sign is permitted for each property (residential only).

Size of Sign: Not to exceed two (2) feet by four (4) feet in size.

Location of Sign: On the property which is for sale or for rent, and set back, at its closest point, not less than ten (10) feet from the outer edge of the curb or the pavement of the cart way.

Local Address: Signs shall only advertise a residence within the Borough of Roselle Park.

Removal: Sign on private property must be removed not later than thirty (30) days after the property is leased or "under contract," as defined by the Garden State Multiple Listing Service. Signs on public property may only be displayed between the hours of 9:00 a.m. and 7:00 p.m. on Saturday and Sunday.

Prohibited Sign: Signs indicating that the property has been recently sold or leased by the owner, broker or real estate agent are prohibited.

Open House signs shall not be affixed to any tree, utility pole or other sign.

Open House: In the event the owner, broker or real estate agent conducts an open house at the premises, an additional sign stating "open house" day and hours may be added on the property on the condition that it may not exceed three (3) square feet and it is posted for a period not to exceed four (4) days prior to the open house. If the open house sign is a rider to the original sign, not exceeding two (2) square feet, it may be up for six (6) days including the day of the open house.

Directional Signs: During the hours an open house is in progress, four (4) directional signs, not to exceed five (5) square feet each are permitted. Two (2) may be placed on a main thoroughfare, such as a county or local road within one-quarter (1/4) mile of the property limited to one (1) per company and two (2) may be placed in the neighborhood of the premises, to assist persons in locating the home in which the open house is being held. No balloons, streamers or other appendages are permitted to be attached to any directional sign. No sign advertising an open house shall be located within one (1) foot of the curb, nor shall any sign be located on Westfield Avenue but may be permitted within one hundred (100) feet of said intersection.

Penalty: Any person, firm or corporation who violates any provision of this subsection, for which another penalty is not prescribed, shall be fined twenty-five ($25) dollars per day or the sign may be removed by the Borough, in which case the owner of the sign and the owner of the property shall be jointly and severally liable to the Borough for the costs of removal.

No more than one (1) such antenna is to be permitted per residential dwelling unit.

All satellite dish antennas located in single-family residential zones shall be located on the principal structure not greater than two (2) feet higher or two (2) feet lower than the highest peak of the primary residential structure.

Nonresidential uses shall be permitted to erect an antenna on the principal or accessory building provided the antenna is suitably screened from public view. All satellite dish antennas will be located no greater than two (2) feet above or below the highest point on the nonresidential structure.

No satellite dish antenna shall exceed two (2) feet in diameter regardless of the zone.

Size shall not exceed four (4) feet width by four (4) feet depth with a height measured from the base, not to exceed forty-two (42) inches.

No roof or covering shall be constructed as part of the oven or grill.

Definitions.

Electrical solar energy systems and electrical solar energy panels shall be permitted in all zones throughout the Borough of Roselle Park on the following conditions:

Penalties. Any person who violates any provision of this subsection shall be subject to the following penalties:

Definitions. For the purposes of this subsection, the terms herein are defined as follows:

Permit Required; Location for Outside Equipment. No generator shall hereafter be permanently installed to serve any existing dwelling erected on a lot located in the Borough of Roselle Park, unless such generator meets the requirements of this subsection and a permit to do so is first obtained from the Building Department. Generators shall be located in the rear yard or the side yard of the lot. All generators permanently installed shall be screened with fencing, shrubbery or other landscaping at least four (4) feet in height as approved by the Building Inspector. All screening or fencing shall be placed in accordance with the generator manufacturer's recommendations, the requirements of the National Fire Protection Association and the zoning requirements of the Borough of Roselle Park. All screening or fencing shall be maintained as originally approved. If the screening or fencing is not so maintained, any permit granted is subject to immediate revocation by the Building Inspector.

Generators and Equipment. Except for generators serving a public purpose and owned and operated by the Borough, generators permanently placed on the ground or a pad shall be allowed only as follows:

Application for Permit. The application for the installation of a generator in accordance herewith, on forms supplied by the Building Department, shall be accompanied by a survey prepared by a licensed land surveyor of the State of New Jersey, showing the property lines of the lot, the location of the building or structure, the front, side and rear yard dimensions and the proposed location, drawn to scale, of the generator. In the event a gas generator is being proposed, the applicant shall obtain a letter from the supplier confirming that there is adequate gas pressure supplied to the property to handle the generator.

Application Fee. Every application for the installation of a generator to serve a dwelling, building, or other structure shall be in conformance with other applicable Building Department Regulations.

Inspections Required. No generator shall be placed in operation, or routinely tested, unless and until inspected and approved by the Roselle Park Building Department.

Violations and Penalties. In accordance with violations listed in § 40-3105.

Twenty ($20) dollars on estimated costs of fence and construction of up to five hundred ($500) dollars.

Twenty-five ($25) dollars on estimated costs of fence and construction of more than five hundred ($500) dollars but less than one thousand ($1,000) dollars.

Thirty ($30) dollars on estimated costs of fence and construction of more than one thousand ($1,000) dollars but less than two thousand ($2,000) dollars.

Forty ($40) dollars on estimated costs of fence and construction over two thousand ($2,000) dollars.

Not to exceed eight (8) feet in all rear and side yards with the exception of industrial sites where the maximum height shall be eight (8) feet in all rear and side yards, in conformance with zoning regulations.

Four (4) feet in all front yards, and a fifty (50%) percent open area in all front yards shall be provided, except fences, hedges or shrubs in a residential zone on corner lots, to the extent that they are located in the front setback, as it relates to the secondary street shall not exceed six (6) feet in height, provided they comply with Subsection E3.

Exclusions to these height requirements are as follows: all sports fields, all park playgrounds, all municipal parking lots, and all municipal work yards.

On corner lots or property, fences, hedges or shrubs may not be erected or maintained in a manner which will obstruct the view of motorists or create traffic hazards.

Fences, hedges or shrubs which traverse the corner of intersecting streets located at a distance of twenty-five (25) feet from the point of intersection on each street (same establishing a twenty-five (25) foot sight distance triangle) shall not exceed two and one-half (2 1/2) feet and provide a minimum of fifty (50%) percent open area.

Notwithstanding Subsection E2 above, fences, hedges or shrubs within fifteen (15) feet of any driveway, regardless of whether the driveway services the residence in question or a neighboring residence or use, shall provide a sight triangle in which all fences, hedges and shrubs will not exceed four (4) feet in height and shall be constructed, planted or maintained to provide a minimum of fifty (50%) percent open area. The term "sight triangle" as indicated in this section shall mean the land described as follows:

Beginning at points on both sides of the driveway where that side of the driveway intersects with the street boundary line; thence proceeding along the street boundary line fifteen (15) feet away from the driveway at a point; thence proceeding at an angle, in a straight line to a point along the side of the driveway fifteen (15) feet from the intersection of the driveway and the street boundary line; thence along the side of the driveway fifteen (15) feet to the point and place of beginning.

The term "secondary street" shall mean a street or roadway which is not used by the Post Office as the address of the residence, nor servicing a front door entrance, nor bearing the address number for the residence in question.

Residential Zones.

Business Zones and Industrial Zones.

In such instances as may require two (2) or more aprons at one (1) location, there shall be at least thirty-five (35) feet of curbing of the same height as contiguous curbs in the area between the driveway aprons.

One-car garage: five ($5) dollars.

One-car garage with allowance for additional off-street parking: eight ($8) dollars.

Two-car garage: ten ($10) dollars.

All not for profit groups are exempts from Subsection A of this section, but must fill out a permit from the Construction Code Office to have a trailer placed on property for no longer than a period of six (6) months.

All Government agencies shall be exempt from Subsection A of this section.

No toxic or volatile materials will be stored in same.

The home owner will apply to the Borough Construction Department for a permit to allow a trailer/PODS^®/storage container. The home owner will complete and submit the application form provided by the Construction Department and pay a fee of fifty ($50) dollars for same.

The permit will be valid for a period of two (2) months and can be renewed for one (1) additional period of two (2) months for the additional fee of one hundred ($100) dollars and a third additional period of two (2) months for the additional fee of one hundred fifty ($150) dollars.

Under no circumstances shall the permit be issued or the trailer/PODS^®/storage containers remain on the property in excess of six (6) months.

The trailer/PODS^®/storage container will be placed on the applicant's property and be placed in a fashion as to not interfere with the public right-of-way (including sidewalks and streets).

The applicant will authorize and allow periodic inspections of the PODS^® and its contents by a representative of the Construction Department, so as to ensure that the above requirements are being adhered to.

Only one (1) permit, plus two (2) renewal periods will be permitted per property over a period of two (2) years.

A fine for the first offense of no less than five hundred ($500) dollars, no greater than seven hundred fifty ($750) dollars;

Second offense—A fine of not less than one thousand ($1,000) dollars, no greater than one thousand two hundred ($1,200) dollars;

Third offense or subsequent offense—a fine of no less than one thousand five hundred ($1,500) dollars, no greater than two thousand ($2,000) dollars.

In addition to the above fines, there will be an additional fine of one hundred ($100) dollars per day following a conviction for the violation of this section, for each day that the trailer/PODS^®/storage container remains on the premises in question.

Areas within close walking distance of residential areas should be free of adult entertainment land uses.

Areas where children could be expected to walk, patronize or recreate should be free of adult entertainment land uses.

Adult entertainment land uses should be located in areas of the Borough which are not in close proximity to residential uses, churches and schools.

The image of the Borough of Roselle Park as a pleasant and attractive place to reside will be adversely affected by the presence of adult entertainment land uses in close proximity to residential land uses, churches and schools.

Property values in the areas adjacent to the adult entertainment land uses will decline, thus causing a blight upon certain areas of the Borough of Roselle Park.

The location of adult entertainment land uses within walking distance of churches and other religious facilities will have an adverse effect upon the ministry of such churches and will discourage attendance at such churches by the proximity of adult entertainment land uses.

A stable atmosphere for the rearing of families cannot be achieved in close proximity to adult entertainment land uses.

A reasonable regulation of the location of adult entertainment land uses will provide for the protection of the image of the community and its property values and protect the residents of the community from the adverse effects of such adult entertainment land uses, while providing to those who desire to patronize adult entertainment land uses such an opportunity in areas within the Borough which are appropriate for location of adult entertainment land uses.

Regulation of adult entertainment land uses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than in response to an existing problem.

Adult motion-picture theaters are prohibited from locating:

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

Permits for dumpsters within the municipal right-of-way shall be issued for no more than seven (7) consecutive days and shall be approved by the Roselle Park Police Department.

Permits for dumpsters on private property shall be issued for no more than thirty (30) consecutive days.

The owner of the bin has obtained a permit, valid for a specific period of time, from the appropriate Borough agency within the Borough of Roselle Park in which the donation clothing bin will be place, in accordance with the following:

The appropriate Borough agency shall not grant an application for a permit to place, use, or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within one hundred (100) yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases;

The appropriate Borough agency may impose a fee for such application, not to exceed twenty-five ($25) dollars to offset the costs involved in enforcing this section.

An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of any fee imposed by the appropriate Borough agency for such renewal, not to exceed twenty-five ($25) dollars annually, to offset the costs involved in enforcing this ordinance. Such application shall include:

The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection B4c of this section;

Receipt, Investigation of Complaints Relative to Donation Clothing Bin.

Additional Penalties, Remedies. In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of this section which results in seizure of the donation clothing bin shall be:

Location Restrictions.