[Ord. No. 2007-9, § 1]
All words used in this section shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTUREShall mean a sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (1) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed, or (2) a sign which is blank.
ADVERTISINGShall mean sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.
AGRICULTURAL SIGN Shall mean a sign in a WM, CM, AP VT, or RM District with a permitted agricultural use and whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock raised on the premises.
ANIMATED SIGNShall mean a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
ARTWORK Shall mean a two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
ATTACHED SIGN Shall mean a wall sign, a marquee sign, a window sign, but not a canopy sign.
BANNER Shall mean any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.
BEACON Shall mean a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.
BILLBOARD Shall mean a sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.
BUILDING FRONTAGE Shall mean the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "store-front," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of building or that portion of a side of a building occupied by a single office, business or enterprise.
CANOPY SIGN Shall mean any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
COMMERCIAL MESSAGE Shall mean any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
CONSTRUCTION SIGN Shall mean a temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
COPY Shall mean the linguistic or graphic content of a sign.
DOUBLE-FACED SIGN Shall mean a single sign with items of information on both sides of the sign and mounted as a single structure.
ELECTION SIGN Shall mean a temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the Township shall vote.
ERECT Shall mean to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.
FACADE Shall mean the side of a building, either front or side; and a building facade may be less than the entire side of a building if limited to the occupancy of a portion of a building.
FLAG Shall mean any fabric, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also Ornamental flag.)
FLAGPOLE Shall mean a pole on which to raise a flag.
FLASHING SIGN Shall mean a sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign and changes more frequently than once per minute.
FREE EXPRESSION SIGN Shall mean a sign, not in excess of three square feet in size (area) per side and the top of the sign is not more than six feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.
FREESTANDING MONUMENT SIGN Shall mean a freestanding sign whose ratio of width of sign to width of support is less than three to one.
FREESTANDING POLE SIGN Shall mean a freestanding sign whose ratio of width of sign to width of support is equal to or greater than three to one.
FREESTANDING SIGN Shall mean a sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure. Unless otherwise limited or restricted, a freestanding sign may be either a freestanding monument sign or a freestanding pole sign.
FRONTAGE Shall mean the length of the property line of a parcel of land, which runs parallel with and along a road right-of-way or street, exclusive of alleyways.
FUTURE DEVELOPMENT SIGN Shall mean a sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.
GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN) Shall mean any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the Township. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.
GROUND LEVEL Shall mean the finished grade of a parcel of land exclusive of any filling, berming or mounding.
HEIGHT Shall mean vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.
ILLEGAL SIGN Shall mean any sign, which has been determined to be in violation of any provision of this §
30-8.
ILLUMINATED SIGN Shall mean any sign or portion thereof, which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
INCIDENTAL SIGN Shall mean a sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either (a) identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located, or (b) provides an official notice of services required by law or trade affiliation.
INTERMITTENT SIGN Shall mean a sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.
LOT See definition of Parcel.
MAINTENANCE Shall mean the replacing, repairing or repainting of a portion of sign structure, periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.
MARQUEE Shall mean any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MENU DISPLAY SIGN Shall mean a fully enclosed or otherwise protected from the elements sign structure, including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus or announcements of activities within the establishment for which the menu or announcement is displayed. A menu display may be used for transient lodging facilities which have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one per establishment, having a maximum surface area of 12 square feet in the zoning districts in which they are permitted.
NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN Shall mean an onsite sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like.
OFF-PREMISES SIGN OR OFF-SITE SIGN Shall mean any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.
ON-PREMISES SIGN OR ON-SITE SIGN Shall mean any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.
ORNAMENTAL FLAG Shall mean any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
PARAPET Shall mean a false front or wall extension above the roofline of a building.
PARCEL Shall mean land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.
PENNANT Shall mean any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.
PERMANENT SIGN Shall mean any sign which, when installed, is intended for permanent use. For the purposes of this section any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.
PORTABLE SIGN Shall mean any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this section, a cold air inflatable sign shall be considered to be a portable sign.
PREMISES Shall mean any property owned, leased or controlled by the person actively engaged in business at that location.
PRINCIPAL USE Shall mean the use, which constitutes the primary activity, function or purpose to which a parcel of land or a building is put.
PROJECTING SIGN Shall mean any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than 10 inches beyond the surface of such building or wall.
REAL ESTATE SIGN Shall mean a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
ROOF SIGN Shall mean any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.
ROOFLINE Shall mean the highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.
SIGHT VISIBILITY TRIANGLE Shall mean a triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 30 feet in length from the intersection along the abutting right-of-way lines to form a triangle, although that these distances may vary based on the type of intersecting road; and for driveway intersections, this triangle is measured 10 feet from the intersection along the right-of-way line and along the driveway line to form a triangle.
SIGN Shall mean any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of any person or entity or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of section: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.
SIGN AREA Shall mean the total square foot area of sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto (see illustrative examples referenced in §
30-8.4). The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.
SIGN FACE Shall mean the part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation, which attracts or intends to attract the attention of the public for any purpose.
SIGN STRUCTURE Shall mean any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.
SNIPE SIGN (BANDIT SIGN) Shall mean any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.
SPECIAL EVENT SIGN Shall mean a content-neutral sign providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.
STATUTORY SIGN Shall mean a sign required by any statute or regulation of the State of New Jersey or the United States.
STREET ADDRESS SIGN Shall mean any sign denoting the street address of the premises on which it is attached or located.
SUBDIVISION MONUMENT IDENTIFICATION SIGN Shall mean a monument sign, which contains only the name of a platted subdivision or other residential development. A "subdivision monument identification sign" at a platted subdivision or neighborhood entrance shall not be considered a "billboard."
SUBSTANTIALLY DAMAGED OR DESTROYED As it pertains to a nonconforming sign, shall mean that (a) 50% or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support, or (b) that more than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.
TEMPORARY SIGN Shall mean a sign intended for a use not permanent in nature. For the purposes of this section, a sign with an intended use of one year or less shall be deemed a temporary sign.
TIME AND TEMPERATURE SIGN Shall mean a sign, which functions only to display the current time and temperature at intervals no more frequently than once per minute and which contains no other messages. Time and temperature signs are regulated within the zoning districts in which they are expressly allowed.
TOWNSHIP Shall mean the Township Committee of the Township of Union, Hunterdon County, New Jersey.
TRAFFIC CONTROL DEVICE SIGN Shall mean any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A "traffic control device sign" includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).
VEHICLE SIGN Shall mean any sign or signs where the total sign area covers more than 10 square feet of the vehicle.
WALL SIGN Shall mean a sign, which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, which is used for advertising.
WARNING SIGN OR SAFETY SIGN Shall mean a sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
WIND SIGN Shall mean a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term wind sign shall not include flags.
WINDOW SIGN Shall mean any sign mounted in any fashion on the interior or exterior of the surface of a window.