Toms River City Zoning Code
§ 348-8.26
Signs.* 1
[Amended 2-24-1981 by Ord. No. 1998; 9-14-1982 by Ord. No. 2116; 4-11-1990 by Ord. No. 2729-90; 11-28-1990 by Ord. No. 2769-90; 9-25-1991 by Ord. No. 2859-91; 3-25-1992 by Ord. No. 2897-92; 5-13-1992 by Ord. No. 2911-92; 11-9-1994 by Ord. No. 3059-94; 2-22-1995 by Ord. No. 3084-95; 6-11-2002 by Ord. No. 3698-02; 12-9-2003 by Ord. No. 3843-03; 4-25-2006 by Ord. No. 4004-06; 12-27-2011 by Ord. No. 4342-11; 6-12-2012 by Ord. No. 4354-12; 4-25-2017 by Ord. No. 4545-17; 2-26-2019 by Ord. No. 4622-19; 9-24-2019 by Ord. No. 4646-19; 9-14-2021 by Ord. No. 4713-21]
A.
General design guidelines for all signage are as follows:
(1)
Signs should strengthen the architectural diversity of the municipality's buildings. Signs which obscure or ignore a building's architecture should be avoided. Signs should be integrated with a building's architecture in terms of form, materials, color, and size.
(2)
Signs should be appropriate for the era in which the building was constructed.
(3)
Signs should not alter the way in which a building functions.
(4)
Designers should strive for creativity in the form and variety of signage within the size limitations set forth herein.
(5)
Designers are strongly encouraged to include symbols, images, and other graphic objects to convey the type of establishment using the sign.
(6)
The typeface used to represent words should convey the character of the establishment and the era of the building.
(7)
Contrast. The contrast of a sign's lettering and symbols with its background should be disparate to convey legibility.
(8)
Outside of the Downtown Toms River Business Improvement District (BID), backlighted individual letter channel signs to convey text, mounted on masonry, is preferred. See Subsection J for design standards specific to the BID.
(9)
The background of internally illuminated signs should not be lighted but only the individual letters, logos, or symbols that convey the sign's message.
B.
Awning sign requirements. For the purposes of this section, "awnings" and "canopies" shall be synonymous as referenced in the definition of "sign" in § 348-2.3. Awning signs, where permitted, shall comply with the following provisions and any more specific regulations in this section:
(1)
An awning shall only be permitted in lieu of an allowed wall sign, except as permitted in Subsection B(5), below.
(2)
Sign letters shall be aligned with the lower edge of the awning and shall not extend higher than the vertical flap or 1/5 of the arc of the curve, whichever may be the case, but in no event shall the lettering height exceed nine inches.
(3)
Company logos or symbols may be placed on the sloped portion or upper curved area of the awning.
(5)
An awning sign that is part of an entrance canopy, where the long axis of the canopy is perpendicular to the face of the building, may be used in conjunction with a wall sign. The sides of the canopy may be lettered as permitted in Subsection B(2), above, except that any lettering shall be no higher than six inches. The end of a canopy that is parallel with the facade of the building shall be permitted a sign or symbol not exceeding 20 square feet in area.
C.
Changeable copy sign requirements. Changeable copy signs, where permitted, shall comply with the following provisions and any more specific regulations in this section:
(1)
Changeable copy signs shall be allowed only as an integral part of a ground or wall sign, except as may otherwise be allowed in this section. The area of a changeable copy sign shall be included in the sign area calculation for the ground or wall sign and shall not exceed 30% of the total sign area, excepting movie theater marquee and variable message signs.
(2)
Changeable copy signs shall not be permitted on temporary or portable signage.
(3)
Copy shall not be changed more than once every 24 hours, excepting advisable data displays. Changeable copy signs that are changed more frequently shall be considered animated signs and are prohibited.
(4)
The maximum number of lines of changeable copy shall be four lines, except for variable message signs.
(5)
The minimum height of changeable copy letters shall be four inches.
(6)
No changeable copy sign, excepting advisory data signs, variable message signs and fuel pricing signs, shall be changed by electronic or electromechanical means.
(7)
Changeable copy signs that are variable message signs shall adhere to the following standards and any other standards specific to the zoning district in which they are permitted:
(a)
The variable message sign shall be equipped with a dimmer control and a photocell which automatically adjusts the intensity of the display in response to natural ambient light conditions;
(b)
The displayed message shall not change more frequently than once per eight seconds. The sign shall only display static messages and shall be changed instantaneously from one message to the next;
(c)
The sign shall be equipped with a default mode of operation that turns the sign message entirely to black should a malfunction in static image display, dimmer control and/or photocell occur.
(8)
Changeable copy signs that are for fuel pricing shall adhere to the following additional standards and any other standards specific to the zoning district in which they are permitted.
(a)
The fuel pricing sign shall be equipped with a dimmer control and a photocell which automatically adjusts the intensity of the display in response to natural ambient light conditions
(b)
The sign shall be equipped with a default mode of operation that turns the sign message entirely to black should a malfunction in static image display, dimmer control and/or photocell occur.
D.
Directional sign requirements. Directional signs shall comply with the following requirements:
(1)
Directional signs for indicating the path of pedestrian or vehicular traffic from a public street shall meet the following regulations:
(a)
Such signs may contain more than one commercial message and may be illuminated.
(b)
The size of each sign shall not exceed four square feet and exceed 2 1/2 feet in height.
(c)
The number of signs shall be limited to the number of driveway or pedestrian walkway intersections with a public street or public sidewalk, respectively.
(2)
Directional signs for indicating the path of pedestrian or vehicular traffic internal to a site shall meet the following regulations:
(a)
The sign shall not be located within 20 feet of the tract perimeter.
(b)
The sign shall be ground, unless otherwise provided in this section.
(c)
Such signs may contain more than one commercial message and may be illuminated.
(d)
Any such sign shall not exceed 16 square feet in area or six feet in height.
(e)
Such signs are intended for large retail, office park, research and development, and institutional complexes but may be appropriate in other circumstances as approved by the board of jurisdiction.
E.
Directory sign requirements. Directory signs shall comply with the following requirements:
(1)
The sign shall be located within the site or complex so as to allow motorists to leave the flow of traffic and safely read the directory; or, shall be placed at the main entrance to a building.
(2)
The sign shall contain a site map or floor plan diagram, as the case may be, indicating the location of the buildings or offices listed on the directory.
(3)
Any such sign shall not exceed 12 square feet in sign area for building mounted signs and 16 square feet in area for ground signs, unless otherwise provided in this section.
(4)
A ground directory sign shall not exceed six feet in height.
(5)
Directory signs may contain more than one commercial message.
F.
Wall sign requirements. Wall signs, where permitted, shall comply with the following provisions and the more specific regulations in this section:
(1)
Size limitation. Unless otherwise modified herein, no wall sign shall exceed 20% of the total facade area to which it is attached, not to exceed 100 square feet. Additional limitations may apply in specific zoning district.
(2)
One wall sign per building, or ground-level store in a shopping center, shall be permitted. Where the building is located on a corner lot, a second wall sign shall be permitted provided:
(4)
Bonus for individual letter sign types. The sign area limitations may be increased by 10% when the message consists of individual letters or symbols and by 20% when the message consists of individual backlighted letters or symbols.
(5)
Construction of signs flat against buildings. Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with rustproof metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper rustproof expansion bolts shall be used. The use of wood or fiber plugs is prohibited.
(6)
Menu sign. Restaurants or other eating establishments may erect one additional wall sign for the placement of a menu or other bill of fare at the main entrance, provided the sign does not exceed six square feet in area.
(7)
Murals are permitted on building walls of buildings located in the RC, RHB, HB, GB, and GB-MF Zones, but shall not be considered wall signs for the purpose of limiting the permitted area of the mural. In order to qualify for consideration as a mural, it must not contain advertising and it shall not identify the name of a business. Murals shall be subject to the prior approval of the TR Community Arts Project, Inc. (CAP) and Toms River Planning Board, and shall have a civic theme.
G.
Ground sign requirements. Ground signs, where permitted, shall comply with the following provisions and any more specific regulations herein:
(1)
Unless otherwise modified, the following sign area limitations and requirements shall apply to all ground signs (minimum letter height shall apply to the primary message on the sign):
Table 1 Ground Sign Area | ||||
|---|---|---|---|---|
No. of Travel Lanes | Posted Speed Limit (miles per hour) | Maximum Sign Area | Minimum Letter Height (inches) | |
No Residential Use Abutting Side Yard or Across the Street (square feet) | Residential Use Abutting Side Yard or Across the Street (square feet) | |||
2 | 0 to 25 | 15 | 10 | 5 |
26 to 45 | 35 | 20 | 8 | |
46+ | 75 | 50 | 12 | |
4 | 0 to 25 | 20 | 15 | 6 |
26 to 45 | 50 | 35 | 10 | |
46+ | 100 | 80 | 15 | |
6 | 26 to 45 | 65 | 40 | 11 |
46+ | 100 | 90 | 16 | |
(2)
Bonus for individual letter sign types. The sign area limitations in Table 1 may be increased by 10% when the message consists of individual letters or symbols and by 20% when the message consists of individual backlighted letters or symbols.
(3)
No ground sign shall be permitted if the building line is less than 30 feet from the street line, except that a ground identification sign may be erected in lieu of a wall-mounted identification sign on an establishment fronting Route 35 even if the building or structure is set back less than 30 feet from the street right-of-way, provided that the sign is not located within a sight triangle.
(4)
No ground sign shall block the view of any existing signs. All signs shall be placed in a location which will allow sufficient reaction time for drivers on the adjacent road(s) to safely exit the street into the entrance to the site of the business or commercial use.
(5)
Ground signs shall be permitted only in the front yard.
(6)
No ground sign, excepting viewpoint expression (political) and real estate signs, shall be directed towards a street from which the property does not have direct access.
(7)
Ground signs shall not exceed a height of 10 feet unless otherwise specified in this section.
(8)
Ground signs with pylons, where permitted, shall be skirted to enclose the supporting pole(s) or pylon(s) of the sign, except for signage otherwise regulated under Subsection J below. The skirting shall extend from ground to sign to not less than 50% of the full dimension of the lower edge of the sign. The skirting shall not be included in the sign size calculation unless it displays a message.
[Amended 7-13-2022 by Ord. No. 4752-22]
(9)
The base of the ground sign shall be liberally landscaped with a combination of shrubs, ground cover, flowers, or other plant material.
H.
Projecting sign requirements. Projecting signs, where permitted, shall comply with the following provisions and any more specific regulations herein:
(1)
One projecting sign per frontage is permitted, provided that the following conditions are met. All such signs must:
(a)
Clear the grade or sidewalk by at least eight feet.
(b)
Project no more than four feet from the building wall or 1/3 the width of the sidewalk, whichever is less.
(c)
Be clear of the wall to which it is attached by a minimum of six inches.
(d)
Be attached to a building which is at least 20 feet in width and be no closer than 40 feet to another then-existing projecting sign unless either sign consists only of a logo, a symbol or a store identification.
(e)
Project only at right angles to a wall.
I.
Off-premises sign requirements. Off-premises signs, where permitted, shall comply with the size and locational limitations for ground signs, unless otherwise modified.
J.
Downtown Business Improvement District signs. Signs within areas zoned VO, VB, DS and VS and lying south of Route 37, east of the Garden State Parkway, north of the Toms River and west of Lexington Avenue and otherwise included within the Downtown Toms River Business Improvement District shall comply with the requirements of this subsection, notwithstanding the zoning district in which the property is located. The majority of the background area of ground, wall and projecting signs, exclusive of any letters, words or symbols, shall be earth tones or dark color. Earth tone is a muted or flat color scheme that draws from a color palette of browns, tans, grays, greens, whites and some reds, emulating natural colors found in soil, moss, trees and rocks.
Table 2 | |||
|---|---|---|---|
Ground Sign | Height | Projecting Sign | Wall Sign Percentage of Signable Area |
32 square feet | 10 feet | 6 square feet | 40% but not to exceed 60 square feet |
(1)
Wall signs.
(a)
Super graphic designs and wall signs, including "ghost signs" painted on a building wall, are permitted. Murals are permitted, but shall not be considered wall signs for the purpose of limiting the permitted area of the mural. In order to qualify for consideration as a mural, it must not contain advertising and it shall not identify the name of a business. Murals shall be subject to the prior approval of the TR BID and Toms River Planning Board, and shall have a historic or civic theme.
 Figure 1: Example of a "ghost" sign, which is designed to be antiqued and painted directly on brick or masonry walls. |
(b)
External illumination is permitted.
(c)
Internally illuminated signs are prohibited. However, individual letters of raceway-type signs may be internally illuminated, provided the internally illuminated portion of the sign is limited to the business name and logo.
(d)
Raceways must be painted or constructed so as to match the building color or construction.
(e)
No wall sign may extend above the roofline.
(f)
Wall signs shall not exceed 18 feet in height and shall not extend above the height of the facade to which it is attached.
(g)
Each establishment is limited to one wall sign on each side of the building that is located on and faces a street, parking area and/or vehicle circulation aisle.
(h)
The maximum area devoted to wall signs shall be separately applied to each facade to which they are applied.
(i)
In multitenant buildings, the wall sign shall not extend beyond the tenant's wall.
(2)
Ground signs.
(a)
Signs shall be placed on private property at least 15 feet from the street curb and five feet from the sidewalk.
(b)
External illumination is permitted.
(c)
There shall be no internal illumination.
(d)
In order for a ground sign to be placed between a building and the street, the building must be set back at least 20 feet from the street right-of-way line it faces.
(e)
The sign must be at least 25 feet from a ground sign on an adjacent property.
(f)
Notwithstanding other sight triangle provisions in this Code to the contrary, signs located within 20 feet of a street curbline, and for a distance 100 feet from an intersecting street curbline, shall not occupy the space between 30 inches and 7.5 feet above the ground. This prohibition does not apply to sign supports one foot or less in diameter.
(3)
Window signs.
(a)
Lettering and logos, consisting of individual silk-screened, vinyl, foil or painted lettering, may be applied directly to windows and shall not exceed 25% of each such window area or 10 square feet, whichever is less.
(b)
Business name, logo, credit card decals, and hours of operation may be applied to the glass area of a door and shall not exceed 25% of such glass area or five square feet, whichever is less.
(c)
Temporary signage for sales or promotions related to business use are permitted to be placed in the window area as long as the total signage in the window area does not exceed the standards set forth in Subsection J(3)(a) of this section. For the purposes of this subsection, signage shall be considered temporary if it is easily removable and is displayed for a maximum of 14 days for any particular promotion. Temporary signs shall not be electronic or internally illuminated.
(d)
In multitenant buildings, window signs may only be used for the tenant with the window frontage. Nonresidential tenants located above the first floor may place a sign in one of their windows on each wall of the building indicating only the name of the nonresidential use, subject to the sign not exceeding 25% of the window area or four square feet, whichever is less.
(e)
For the purpose of this Code subsection only, window area shall include the total area of all frame(s), sashes, and glass located in the wall of a building. Glass area in a door shall not be considered window area.
(4)
Prohibited signs:
(a)
Reader boards, changeable-letter signs, electronic displays and similar devices.
(b)
Backlighted plastic or translucent signs.
(c)
Internally illuminated signs.
(d)
Neon light signs, outlines or borders.
(e)
Bare-bulb illumination.
(f)
Revolving, blinking, flashing, or sequential lighting.
(g)
Roof signs.
(h)
Pennants, pennant banners, streamers or balloons, except as provided under "Special events."
(i)
Signs using items of information such as "Stop," "Slow," "Warning," or "Danger," except as may customarily be called for in the public domain or as may otherwise be required by the approving authority as a part of site plan review.
(j)
Fabric signs, with the exception of awning, special event, and temporary window signs.
(5)
Projecting signs:
(7)
Awnings and awning signs.
(a)
Awnings shall not be supported from the ground.
(b)
Items of information on the vertical awning face parallel to the street frontage is limited to lettering and one logo occupying no more than 2/3 of the height of the awning vertical surface.
(c)
Items of information may also occupy up to 1/4 of slanted awning surface.
(d)
Awnings may project up to six feet from the first floor wall and have a maximum vertical height of four feet.
(e)
Awnings projecting into a public right-of-way must have prior approval from the appropriate public entity.
(f)
Above the first floor, awnings are limited to cover the individual window areas only.
(g)
Items of information such as lettering and logos may not exceed the wall sign height limitation.
(h)
Internal illumination is prohibited.
(8)
Special signs for retail, restaurant and service businesses only:
(a)
One cafe or restaurant menu as used on the table may be mounted on the building neatly in a wood or metal frame covered by glass, or applied to the inside of the window.
(b)
One chalkboard menu or sandwich board sign may be used by each tenant at sites that do not have ground signs. The chalkboard or sandwich board sign may be placed on the ground or sidewalk adjacent to the building in front of the tenant space, but it shall not obstruct pedestrians. Said sign must be framed black, white or green chalkboards with the establishment name or logo permanently affixed and have a maximum size of 24 inches by 36 inches; they are to be used only during the establishment's business hours and stored indoors after hours. Signs can only advertise or relate to the business on the premises.
(c)
Temporary signs for sidewalk sales and other promotions not covered elsewhere herein shall be subject to the issuance of permits for special events.
(d)
Removable window or door signs for operational information, e.g., "Open," "Closed," "On Vacation," must be typed or professionally lettered and no larger than one square foot in size.
(9)
Exempted signs. The following signs do not need a permit:
(a)
Building tenant directory wall signs up to a maximum size of 18 inches by 24 inches that do not project more than six inches from the wall surface.
(b)
One real estate sign, limited in size to 12 square feet and four feet in height in all nonresidential zones within the TR BID. Said sign shall not be placed within the sight triangle area set forth in Subsection J(2)(f) of this section regulating the location of ground signs.
(c)
Temporary window signs.
(10)
Additional provisions.
(a)
Lettering style shall be limited to serif style, Souvenir Bold, Caslon, Korinna, nonserif, Copperplate, Helvetica, or other style approved by the special review board for the village area appointed by resolution of Township Council.
(b)
Signs shall be removed within three months after the business has ceased.
(11)
The Design Committee of the Downtown Toms River Business Improvement District shall have the authority to review and approve or disapprove signs. Approval shall only be given for signs that fully conform to the provisions set forth herein. Variances or other deviations from the provisions herein shall be heard by the Planning Board except in the case of signs proposed in connection with a special reasons variance, in which case any variances or deviations from these provisions shall be heard by the Zoning Board of Adjustment.
K.
Signs permitted in the Village Office District. Signs erected in the Village Office Zone, other than as regulated in Subsection J herein, shall comply with the following provisions:
Table 3 | |||
|---|---|---|---|
Ground Sign | Height | Projecting Sign | Wall Sign Percentage of Signable Area |
28 square feet | 6 feet | Not allowed | Not allowed |
(1)
No neon signs permitted.
(2)
No window signs permitted with the exception of small signs on doors labeling the name of the business and informing pedestrians of business hours.
(3)
Indirect lighting and backlighted signs permitted. Direct lighting permitted, provided that fixtures are ground-mounted with adequate shielding and/or landscaping.
(4)
No reader boards, changeable-letter signs, electronic display signage nor similar type devices will be permitted.
(5)
A two-square-foot shingle shall be permitted on each wall of the building.
(6)
Letter style, color, material and general design shall be in keeping with the residential professional office neighborhood character.
L.
Additional standards for the signs permitted in the HB, RHB, LI, I, and RC Zones.
(2)
An establishment having frontage on more than one street may display signs on each frontage as if it had no other frontage.
(3)
Shopping centers and multiple use or joint occupancy of a site or building.
(a)
If a site or building is shared by distinctly separate proprietorships as in the case of a shopping center, each such establishment shall be treated separately as to items of information and other factors. This exception shall not apply to ground signs. Those premises having in excess of 600 feet of frontage on a street shall be allowed an additional ground sign for each 500 feet in excess of 100 feet, provided that such signs are located at least 300 feet apart. Each ground sign so provided for may contain up to seven items of information.
(b)
A shopping center of over 15 acres is permitted, per frontage, one ground sign which exceeds by 50% the basic design element height and area limitations at that location, provided that the items of information on the sign are limited to the name of the center and the names of attractions at theaters within the center, if any.
(c)
Wall signs shall conform to Subsection F and shall not exceed 100 square feet, whichever is less, excepting regional shopping malls.
(d)
Wall signs for regional shopping malls shall conform to Subsection F and the following requirements:
[1]
Where a principal use occupying at least 750 square feet of segregated area has direct access from the outside, a wall sign not exceeding 3% of the total wall area or 80 square feet in area, whichever is less, shall be permitted.
[2]
Where a principal use in a regional shopping mall exceeds 50,000 square feet of gross leasable area, the area of the wall sign shall not exceed 5% of the total wall area or 400 square feet, whichever is less. Such signs shall be permitted on up to three elevations which face the parking lots of the regional shopping mall.
(e)
Changeable copy signage pursuant to Subsection C shall be permitted to be integrated into a ground sign otherwise permitted under Subsection L(3)(b) above for a theatre or live entertainment use in a regional shopping mall. Notwithstanding any other provision to the contrary, movie theatres shall be permitted the following:
(f)
Directional signs pursuant to Subsection D, except that ground directory signs internal to a regional shopping mall site may be up to 50 square feet in area and may be eight feet in height and may contain commercial messages for business with 50,000 square feet or more of gross leasable area.
(g)
Directory signs pursuant to Subsection E, except that at an enclosed entrance to a common access point in a regional shopping mall, the directory sign may be 50 square feet in area, either wall-mounted or ground, if such sign is located with 50 feet of such enclosed entrance.
(h)
One off-premises sign with a noncommercial message in lieu of a ground sign.
(4)
Ground signs shall be set back from all property lines a minimum distance of 15 feet.
(5)
New car and truck nationally franchised dealerships with at least 400 feet of contiguous street frontage shall be permitted one additional ground sign, pursuant to the size limitations of Table 1. The additional sign may be attached to the primary ground sign or located on a second support structure.
(6)
Service stations shall also be permitted a changeable copy sign on each fuel dispensing pump not to exceed three square feet in area and on each ground sign not to exceed 18 square feet.
(7)
Fast-food restaurants with a drive-through facility shall be permitted two menu signs. Any such sign shall not be legible from the public right-of-way. The sign shall not exceed 60 square feet in area and seven feet in height.
(8)
An A-frame sign for a tenant at a shopping center must conform to the following:
(a)
The sign may be displayed only during business hours.
(b)
Each side of the sign may not exceed six square feet or five feet in height.
(c)
The sign shall be located on the sidewalk in front of the store to which it relates.
(d)
The design, materials and color of the sign and supporting frame shall complement the building design and shall be consistent with that of other A-frame signs at the shopping center, if applicable.
(e)
The location of the sign shall not interfere with pedestrian, vehicular traffic or clear sight distance requirements.
(9)
Parking structures. Where there are multiple parking structures, each structure may have one sign attached to each side, but not to exceed four such signs on any one structure. Such sign shall be located on a spandrel or stair tower and shall be limited to a single letter or number, not exceeding 10 square feet in area. Directional signs internal to the parking structure shall be permitted without limitation. Each entrance and exit to a parking garage shall be marked with an incidental sign attached to the facade of the structure. Each vehicular entrance shall be marked with an incidental sign indicating the maximum height of vehicles permitted to enter the structure. In the event that a fee is charged for parking within the structure each vehicular entrance shall be marked with a bill of fare, no less than six square feet or more than 10 square feet in area, indicating at a minimum the hours and rates applying thereto, the maximum charge, the operator of the facility and an active telephone number in the event of a dispute between the user and the operator.
M.
Exempted signs. The following described signs shall be exempted from licensing and control if they contain seven or fewer items of information and meet the specific requirements set forth below and the setback requirements noted above in § 348-8.26A(3)(c). If the criteria are met, no application need be made or license need to be obtained to allow the erection of such signs. All signs which are not located or designed to be seen from the right-of-way of a street or highway or any vehicular circulation area shall also be exempt from the provisions of this section. All signs which are located or designed to be seen from the right-of-way of a street or highway and which are considered exempted signs shall not exceed the sign area limitations for the specified portion of the Township in which the sign is located.
(1)
Construction signs. One nonilluminated sign, not exceeding 40 square feet in area or eight feet in height, denoting the architect, engineer, contractors or other participants in construction and owners and future occupants, may be placed upon the property where the work is under construction.
(2)
Directional signs. Signs not exceeding four square feet, containing lettering not exceeding six inches in height and designed to direct and inform the public as to entry, exit, service areas, loading or special parking instructions or similar information, whether internally lighted or not, are exempt. Moving directional lights are allowed where required for safety reasons. Any such signs must be not less than 10 feet from the street right-of-way and may not exceed 30 inches in height within 25 feet of any access drive.
(3)
Government flags and historic markers. Any flag of the United States of America, the State of New Jersey, the Township of Toms River, any other governmental entity or any other religious, social, civic or fraternal organization or group, and memorial or historic tablets, information as to the name of a building, date of erection, special description or other material of historic interest, when cut into a masonry surface or constructed of bronze or other similar material and not exceeding six square feet, shall be exempt.
(4)
Nameplates. One nameplate sign, as defined above, is allowed per frontage, provided that it does not exceed two square feet in size and is not illuminated by a total of more than 25 watts.
(5)
Political signs. Political signs shall be exempt for a period commencing 30 days prior to the election and five days subsequent to the election. All such political signs shall be subject to the requirements of § 427-3D(5), (6) and (7) and § 427-5 of the Code of the Township of Toms River, New Jersey.
(6)
Real estate signs. One nonilluminated sign per frontage shall be exempt, provided that the same does not exceed 12 square feet and four feet in height in residential areas, nor 32 square feet and eight feet in height in all other zones. In residential areas, all real estate signs must be removed no later than seven days after the closing of the sale of the subject property.
(7)
Outdoor holiday decorations. Outdoor holiday decorations are exempt, provided that they do not advertise a product or establishment.
(8)
Special events signs. Special events signs are exempt, provided that the event advertised has been approved by the Zoning Officer, and provided that the sign is not erected for a period longer than 30 days prior to the event. Special events signs must be removed no later than seven days after the advertised event.
(9)
Subdivision sign. One nonilluminated sign advertising premises under development shall be exempt, provided that the same does not exceed 40 square feet in area nor eight feet in height.
(10)
Temporary window signs. Any window sign meeting the definition of a temporary sign is exempt.
(11)
Traffic or other municipal signs. Any sign erected by the Township of Toms River, County of Ocean or State of New Jersey or required to be erected by law; and no-trespassing or no-hunting signs, provided that the same do not exceed two square feet in area, are exempt.
(12)
Signs painted on or attached to motor vehicles or trailers or other portable devices. Signs painted on or attached to motor vehicles or trailers or other portable devices are exempt, provided that such signs pertain to the function of the vehicle or to the business of its owner. The parking or storing of these motor vehicles, trailers or portable devices is prohibited, except:
(a)
Sites containing only residential uses may have one motor vehicle with a gross weight of four tons or less if the occupant of the residence owns the motor vehicle.
(b)
In all other sites, the parking or storing of these motor vehicles, trailers or portable devices may be located:
[1]
In the side yard or rear yard as established by the zoning designation where the subject property is located.
[2]
In the front yard as established by the zoning designation where the subject property is located, if parking spaces are approved for such uses by the Toms River Township Planning Board or Zoning Board.
N.
Prohibited signs. No sign shall be constructed, reconstructed, erected or maintained which:
(1)
Is located in the public right-of-way.
(2)
Offends public morals or decency.
(3)
Is an imitation of or resembles an official traffic sign.
(4)
By reason of its size, location, movement, content, coloring or manner of illumination may be confused with or hide a traffic control device.
(5)
Advertises or publicizes an activity, business, product or service which is itself not available on the site upon which the sign is located. The only exception to this prohibition shall be those signs which are provided for under Subsection C(7), Motorist information signs, Subsection C(9). Off-site subdivision signs, and § 348-9.23, Billboards, of Chapter 348, Land Use and Development Regulations.
(6)
Consists of streamers, propellers, pennants or other wind-activated devices.
(7)
Is animated.
(8)
Is a snipe sign, a sandwich or a portable sign.
(9)
Obstructs motorist's view on ingress or egress.
(10)
Is unsafe in construction according to applicable structural and electrical codes.
(11)
Is illuminated in such a manner that it produces glare sufficient to be a safety hazard.
(12)
Violates the purpose, intent and specific regulations of this section.
(13)
Is an air-supported or inflated sign.