Signs in all zones, whether permitted or nonconforming, shall be kept in good repair, which shall include replacement or repair of broken or malfunctioning structural elements, casings, facings or lighting elements, and the maintenance of legibility. Upon determination that a sign has become structurally unsafe or endangers the safety of the building or the public, the Zoning Officer 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 owner of the building or premises upon which such unsafe sign is affixed or erected.

In residential districts, no stationery signs shall be permitted except for real estate signs not larger than eight square feet, when placed on properties offered for rent or sale, customary signs identifying any building or use permitted under this chapter and signs necessary for public welfare. Directional signs not located on the subject property offered for sale will not be permitted. All residential signs must conform to § 255-63.5.

In the business districts, no stationery signs shall be permitted except for those permitted in the residential districts and signs in accordance with the section on sign area set forth in § 255-63.3 and shall not be exceeded except for as follows:

Projecting signs may extend over the sidewalk or other public way. All signs must maintain a distance of six inches back from any known curb abutments. All signs must be erected at least 9.5 feet above sidewalks. The maximum area shall be 15 square feet. A sign erected in this fashion shall be considered a single sign face, even if lettered on both sides. Sign hanging hardware or sign structure must either be of creative design or simple so as not to detract from the sign but add to the sign's physical appearance.

Advertising display on a building or structure shall be governed by the regulations listed in this article.

Directional signs must have a minimum setback of five feet from any property line, unless it is less than two square feet. All directional signage shall have proper approvals from the Borough.

No sign using red, green, blue or amber illumination in a beam, beacon, spotlight, floodlight or flashing form, resembling emergency lights, shall be erected in any location.

No sign that fails to conform to these regulations shall be rebuilt, repaired, enlarged, changed or moved. Preexisting nonconforming signs protected by the provisions of N.J.S.A. 40:55D-68 may be restored, repaired or rebuilt to their present size, in their present location.

No sign, except temporary signs and political signs, shall be erected or maintained prior to the approval of the size, location and design by the Zoning Official and the issuance of a permit.

Signs governed by the USDOT Manual of Uniform Traffic Control Devices for Motor Vehicles, Pedestrian Safety and USADA Compliance shall be permitted.

No signs of any type shall be placed in, or in any way restrict the view in, the sight triangle of any public street or public or private driveway.

Any sign which does not advertise a permitted business or use located on the same premises.

Roof signs and signs extending above the wall to which they are attached.

Permanent marquees extending over the sidewalk beyond the street line.

Signs posted on fences, posts, utility poles or trees.

Signs posted on Borough property, except where specifically authorized by the Borough Council.

Signs installed or painted on sidewalks or curbs.

Signs using mechanical or electrical devices or wind to revolve, flash or display movement or the illusion of movement or to spell alternating messages or images.

Signs on abutments, retaining walls or embankments.

Wall signs painted directly on buildings which obstruct any windows.

Pylon signs, except as permitted herein.

Signs that constitute a hazard to the traveling public by obstructing driving vision, regulatory directional signage or signals.

Automobile trailers, attached or unattached, or vehicles of any nature bearing signs or advertisements, parked or left stationary for more than 24 hours upon any vacant land or public street, or parked between the hours of 9:00 p.m. and 7:00 a.m. in any residential zone.

Signs using any lighting or control mechanism that may cause radio or television interference.

Illuminated signs where the source of light is directly visible from adjoining properties or streets.

Banners except as detailed in § 255-62F of this chapter.

No provision contained herein shall be construed to prohibit signs, not larger than two feet by two feet, that issue warnings or safety messages, such as, but not limited to, "no hunting," "no trespassing," "beware of dog" or traffic directional signs.

All temporary signs, except as set forth herein.

Signs containing profane or obscene language.

Neon "open" signs.

Not more than one temporary sign shall be permitted on any lot identifying architects, engineers, builders, brokers, contractors or others connected with the construction of any building or structure on such lot. No signs shall be displayed beyond the effective date of any certificate of occupancy affecting the premises. Unless affixed to the principal building, such signs shall not exceed eight square feet in area, and must be set back 10 feet from the property line.

One temporary sign may be erected or installed on each road front or lagoon bulkhead without a permit announcing that the property on which it is located is for sale or rent. Such sign shall not exceed eight square feet. The sign shall be set back a distance equal to 1 1/2 times its area in square feet. The "for sale" or "for lease" sign shall be removed within seven days following the completion of the transaction.

One sign may be installed, with the issuance of a permit, for the announcement of grand opening or business closure, and use of rope (streamer type) flags (with a state-issued going-out-of-business permit). The sign display shall not exceed 30 days of total consecutive signage for any of the above purposes. At the end of 30 days, all signage must be removed by business owner.

No temporary sign shall be permitted that is homemade in construction as outlined in prohibited signs section of the article,[1] except yard sale or garage sale signs which are permitted to be placed for a maximum of three days. Yard or garage sale signs must be less than two square feet and must be located at least five feet from any property line.

Flags shall be festive in design and creative in use. No flag shall be used that relays a message other than "open" or "welcome," such as "grand opening," "open for business," "closed," "going out of business," and any flag not mentioned, roped (streamer type) flags or flags connected together to form a line. Acceptable individual flags are American flags, "open" flags, "welcome" flags, seasonal flags or flags that use pictures to describe what type of business is located inside. Individual flag size shall not exceed three feet by five feet or 15 square feet. Flags shall not interfere with public flow of traffic or other businesses. Flags shall not block windows and doors. No more than two flags are permitted to be flown simultaneously for single occupancy commercial spaces, and up to four flags for multiple occupancy commercial spaces. The American flag may be flown at any time in accordance with proper flag etiquette.

Banners are permitted for use by the Borough and its approved committees or organizations to advertise events, attractions and to provide visual vitality.

Any sign displayed and not in compliance with § 255-62 of this chapter may be removed by the Borough and properly disposed of.

The changeable copy portion of an LED illuminated sign display shall not exceed 1/3 of the total allowable sign area or 24 square feet, whichever is less, and signs capable of illumination shall be turned off between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless the business or uses identified are open to the public later than 10:00 p.m. or earlier than 7:00 a.m., in which event any such establishment may keep a sign illuminated during business hours, only.

An LED illuminated sign message may be changed six times per hour, but no less than every 10 minutes.

LED signs must advertise the business to which it associated with, or events local to the Borough of Tuckerton or the immediate surrounding areas. The sign should also be accessible for emergency use including, but not limited to, display of Nixle alerts or Amber alerts.

LED signs may not be too bright as to be distracting or blinding to drivers or pedestrians, or disturbing to adjacent property residents. Signage brightness shall be automatically adjusted during evening hours. No sign shall have flashing lights or exposed high-intensity illumination.

LED signs may not have moving, distracting or flashing displays. Signs which message sequence, flash, strobe, make noise or show pyrotechnics are not permitted.

Animated, flashing and illusionary signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

No LED sign shall be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates, or resembles any official traffic sign, signal or device.

All window lettering and signs shall be considered as a sign as defined in this chapter.

Permanent window lettering or signs shall be permitted only if the rectangle or circle confining such lettering or sign or the background upon which it appears does not exceed 20% of the window area and further, that no window sign shall exceed the total window area permitted for a sign. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains lettering or background advertising.

Window letters can be no greater than eight inches high.

Interior hung panels fall under the same category.

Temporary window lettering or signs advertising special sales or events shall be removed within seven days following the advertised event or within 30 days after affixing of the same, whichever is earlier. Such temporary window lettering or signs, in conjunction with any permanent window lettering shall not cover more than 50% of the window area nor exceed the area permitted for a sign. Only one temporary window sign or lettering per calendar quarter is permitted.

All window lettering must be approved and permitted through the Zoning Office.

The following window lettering and signs are specifically prohibited:

All window lettering and signs shall be kept in good repair.

The Zoning Officer shall have the authority to order the removal of any window lettering or sign that does not conform to these specifications. Any owner or tenant not complying within 10 days of such order shall be in violation of the provisions of this chapter and subject to the penalties set forth herein.

Signs can be no larger than 10% of the building facade fronting the roadway, or 50 square feet in area and a maximum of 10 feet wide or five feet high measuring from the surrounding grade to the top of the sign, for single occupancy commercial spaces, or up to 100 square feet in area and a maximum of 10 feet wide or 10 feet high measuring from the surrounding grade to the top of the sign, for multiple occupancy commercial spaces. Whichever is smaller shall take precedence.

A freestanding sign may be backlit.

In the Historic Landmarks District, and the Seaport Village District, a freestanding sign shall incorporate special design attributes if it is to be lit, such as downturned gooseneck lighting, shadow box lighting, projection box lighting which consists of a fluorescent tube shielded from sight, aiming the light onto the sign. All illuminated signage must have proper electrical permits. Signs in these districts must comply with the use of the suggested sign styles and shapes and sign enhancement features as set forth in Schedule A of this article, which is on file with the Borough Clerk and which is incorporated herein by reference, as well as conform to the colors shown for background colors, lettering colors, and lettering style as set forth in Schedule A. Any proposed sign that does not conform to these Schedules must have the Landmarks Commission approval, and the issuance of its certificate of appropriateness, prior to application to the Zoning Office.

The use of A-frame sidewalk signs or sandwich board signs will be permitted and are permitted in the Seaport Village District, Landmarks District, B-1, B-3 and B-4 Districts and must follow the guidelines set forth herein.

Building wall sign letters shall be less than 15 inches tall, filling no more than 60% of the sign surface area.

Wall lighting for building wall signs must follow the same lighting standards as freestanding sign lighting.

Wall signs in the Historic Landmarks District, and the Seaport Village District shall conform to § 255-63.6 of this chapter.

No sign shall be erected, enlarged or relocated except in accordance with the provisions of this section and until a permit has been issued.

All applications for sign permits shall be submitted directly to the Zoning Officer for review and approval. The approved design must then be forwarded to the Construction Department for permitting and final approvals. Such applications shall be accompanied by sketches and scaled drawings showing details of construction, design, supports and attachments and shall delineate the size, shape, design, coloring, lettering, lighting and position in relation to the building from or upon which it shall be displayed.

In addition, the issuance of a sign permit hereunder shall not relieve the owner or the lessee of the premises from the duty to apply for a construction permit, if required by the Uniform Construction Code, nor relieve the permittee from the duty of maintaining any structure in a safe condition.

The following signs shall be permitted without the required sign permit:

In residential districts, no stationery signs shall be permitted, except for real estate signs not larger than eight square feet, when placed on properties offered for rent or sale, and customary signs identifying any building or use permitted under this chapter.

Signs of a temporary nature which direct attention to the sale of new lots, homes or dwelling units in a residential development shall be permitted, provided that the total area of such signs shall not exceed 32 square feet, and the signs are not closer than 10 feet to the front property line and are removed immediately upon the sale or occupancy of the last lot or house or dwelling unit in such development.

One home occupation announcement sign not over two square feet in area for each dwelling unit conducting a lawfully operating home occupation. Such signs shall not be illuminated.

One professional office announcement sign not over two square feet in area for each lawfully operating professional office.

Yard sale signs as detailed in § 255-62.