West Caldwell City Zoning Code
§ 20-24.2
General Sign Provisions.
[Ord. No. 890 § 20-24.2; Ord. No. 937; Ord. No. 1171 § 1; Ord. No. 1419 § 36; Ord. No. 1464 § 15; Ord. No. 1488 §§ 4, 17; Ord. No. 1729 § 8; Ord. No. 1745 § 9; Ord. No. 1797-2017 § 11; amended 4-18-2023 by Ord. No. 1869-2023]
All signs in all zone districts shall conform to the following provisions except as may be otherwise provided herein:
a.
All signs other than those signs permitted herein shall be prohibited, except such signs as may be required by county, state or federal regulations, laws or ordinances.
b.
All signs shall pertain to an existing, approved use or occupancy on the premises where such signs are located.
c.
Identification signs as permitted herein shall mean and include all signs whose message contents identify existing, approved uses or occupancies on the premises where such signs are located, and such contents shall be the minimum lettering, illustration or display as the Sign Committee shall deem necessary to adequately identify such uses or occupancies. An identification sign may include a symbol depicting a registered trademark or logo provided that said symbol is within the permitted height and width of the sign itself, and further provided that the width of the symbol is no greater than the permitted height of the sign. Said symbol need not conform with any color requirements or limits, and the total area of the symbol shall be included in the calculation for total allowable sign area and shall not be in addition to said allowable area.
d.
Directional and informational signs shall be permitted in such quantities and in such locations as the Sign Committee shall deem necessary for the information, guidance, convenience, safety or welfare of the general public, including, but not limited to, "entrance," "exit," "parking," "public telephone," "public rest rooms," "no trespassing," and/or other words or directions of similar import. Each such individual sign shall not exceed four square feet in area for pedestrian traffic control signs or six square feet in area for vehicular traffic control signs, except that building wall-mounted directional signs which are mounted seven feet or greater above the surrounding grade may not exceed eight square feet in area. The upper edge of all freestanding directional signs shall be not more than four feet above the ground surface.
Notwithstanding anything to the contrary contained herein, regulatory signs shall follow the standard for regulatory signs as set forth by the most recent edition of the Manual on Uniform Traffic Control Devices.
e.
Official signs or legal notices erected, maintained or owned by governmental units, and those signs deemed necessary to inform or guide the public or for the promotion of the health, safety, convenience or welfare of the general public by the Governing Body shall be permitted in any location and shall be exempt from application and permit.
f.
All signs shall comply with all applicable county, state, and federal regulations, laws and ordinances.
g.
Sign area standards contained herein shall apply to all existing and proposed signs on the property and shall be measured in accordance with the following provisions:
1.
Sign area shall mean the total square foot surface area of the background upon which the lettering, illustration or display is presented including any perimeter accessory, trim or decoration. If there is no circumscribed background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the overall lettering, illustration or display, unless the Sign Committee determines that other geometric shapes are applicable in specific cases. This shall not be construed to include the supporting members of any sign which are used solely for such purpose.
2.
As applicable to sign area requirements, building wall area shall mean the exposed or apparent surface area of that portion of the building facade to which the sign is attached, measured from ground level to top of wall but excluding mansard roof, when viewed perpendicularly from a street or parking area fronting on such wall. Notwithstanding the foregoing, the aforesaid building wall area, when viewed as herein provided, shall mean as applicable (a) the exposed or apparent surface area of the mansard roof when any sign is attached thereto, or (b) the applicable portion of the building facade, as determined by the Sign Committee, when any sign is located above the first floor of a building.
3.
On contiguous store fronts or other adjoining buildings having separate occupancies and separate entrances, building wall width shall mean the horizontal distance between the center lines of the common walls separating such buildings or occupancies.
4.
If a sign has no circumscribed background, sign height shall be the largest vertical height of the overall lettering, illustration or display. Notwithstanding the foregoing and when specifically permitted by the Sign Committee, such signs may have incidental lower-case or upper-case letters, or combinations thereof, that exceed the maximum permitted sign height by 30% or less if a preponderance of the letters conform with said maximum height.
h.
Free-standing signs shall have a maximum of two display faces, and the included angle between faces shall not exceed 45°. For signs having two display faces, the maximum sign area provisions contained herein shall be permitted on each face. No signs shall be located, in whole or in part, within required buffer areas nor within 10 feet of any property line, except that the Sign Committee may permit "entrance" and "exit" or equivalent signs within 10 feet of a property line, provided such signs do not interfere with pedestrian walks. On corner lots, where applicable, regulations herein related to such lots shall apply to signs.
i.
Building wall signs shall conform to the following provisions:
1.
No such sign shall extend or project above the roof line of the building or above the highest elevation of the wall on which such sign is attached, nor shall any such sign be attached to a mansard roof unless the Sign Committee determines that alternate locations are impractical in specific cases.
2.
No such sign shall extend or project beyond the width of such wall, nor shall such sign be located within the outermost 5% of the width of such wall.
3.
No such sign shall extend or project more than 12 inches perpendicularly from the face of such wall, nor more than inches if the bottom edge of such sign is less than 10 feet above the ground level.
5.
Whenever the street number of a building is herein permitted to be attached to the wall of a principal building, the height of such number sign shall not exceed the maximum height permitted on wall mounted identification signs on the same premises. Notwithstanding the provisions of Subsection i4 of this subsection, such wall mounted number signs may be permitted to be located above the first floor of the building.
j.
Except as provided herein, signs located within an enclosed building or structure which are visible or directed to be seen by the general public from the outside of the building or structure are prohibited.
k.
All signs shall be secure, safe and free from hazard and shall be kept in good repair. All structural elements, casings, facings, lettering or other displays and lighting shall be adequately maintained and the areas surrounding free-standing signs shall be kept clean, neat and landscaped.
l.
No sign shall interfere with traffic lights, directional or warning signs, traffic vision or similar safety factors. No sign shall be located on, or extend into, any public walkway, driveway, curb or the right-of-way of any street. No sign shall be attached to any bridge, abutment, retaining wall, standpipe, water tower, fence, utility pole, tree or other living plant. No sign shall obstruct access to any fire escape, standpipe, window, door or other exit, nor shall any sign create a hazard to pedestrians or motor vehicle traffic.
m.
Temporary announcement, advertising or promotional signs shall conform with the following provisions:
1.
Temporary signs announcing a new or changed use or occupancy, or normal and customary anniversary of the same, or announcing special community activities or events deemed by the Planning Board to be of special interest to the general public shall be permitted in such quantity, size and location and for such time periods as the Sign Committee shall determine. Notwithstanding the provisions of Subsection 18A-11.2c of the Land Use Procedures Ordinance, all such signs, as approved by the Sign Committee, shall not require a zoning permit. All other temporary signs not covered by the provisions of this subsection shall be subject to the provisions of Subsection 3 or .
2.
Except as may be permitted in conjunction with such temporary announcement signs, streamers, pennants, banners, strings of illuminated devices, advertising or promotional flags, twirlers or similar objects or displays shall be prohibited.
3.
In addition to the foregoing, in Business Zone Districts, outdoor, temporary signs advertising or promoting goods and/or services pertaining to the occupant of the premises shall be permitted, as restricted and regulated by the Planning Board, upon the recommendation of the Sign Committee, and as codified pursuant to Subsection 18A-8.1 of the Land Use procedures chapter. All such signs, as approved by the Sign Committee, shall require a zoning permit.
4.
Notwithstanding the foregoing, temporary signs advertising the prospective sale or rental of the premises upon which the sign is located shall be subject to applicable regulations contained elsewhere in this section.
n.
All permanent, outdoor signs shall be constructed of synthetic, weather-resistant materials, which shall not include unprotected painted signs or those with facing of unprotected wood, canvas, oil cloth, fabric, cloth, paper or similar materials. No permanent sign shall consist of more than four colors, excluding shading thereof and including black and white. Said color restrictions shall not apply to sign supporting members provided such members are used solely for such purpose and provided the color thereof is fully compatible with, and secondary to, the color(s) of the sign itself. No sign shall be architecturally or aesthetically incompatible with other signs and structures on the same property.
o.
No sign, or any part thereof, shall move, oscillate or revolve or give the appearance of such motion. Portable or mobile signs are prohibited, and signs located on, or attached to motor vehicles shall not be located, displayed or used on any privately owned property in such a manner as to circumvent the intent of these regulations.
p.
Temporary outdoor signs shall be permitted for displaying political messages, subject to the following regulations:
1.
One such sign shall be permitted on any property and shall not exceed 1/5 square feet in area per foot of sign setback from the nearest property line, except that no such sign shall be required to be less than four square feet nor permitted to be greater than eight square feet, and
2.
All such signs shall be set back at least 15 feet from the nearest property line, and
3.
No such sign shall be erected prior to 30 days before the date of any national, state or local election, and all such signs shall be removed from the premises no later than three days after the closing of the polls, and
4.
No such sign shall be illuminated.
q.
All illuminated signs shall conform to the following provisions:
1.
All sign lighting shall be shielded so that the direct rays of the light source shall not be visible beyond the property line of the premises on which the sign is located. More particularly, the source of all sign lighting shall be shielded completely from the view of all motor vehicle traffic on public streets and from adjacent and nearby residence properties.
2.
No sign shall be lighted by means of flashing, revolving or intermittent illumination, or illumination of varying intensity.
3.
No sign lighting shall be permitted where the light source is directly exposed to view, including, but not limited to, ionized inert gas tubing and light emitting diodes (LED).
[Amended 4-18-2023 by Ord. No. 1869-2023]
4.
No sign lighting colors shall diminish or detract from the effectiveness of any traffic signal or similar safety or warning device.
5.
The source of sign lighting, whether attached to or separate from a building, shall not project above the highest elevation of the facade of the building or more than 18 feet above ground level, whichever is less, except pursuant to the provisions of Subsection 20-24.4k6.
[Ord. No. 1797-2017 § 11]
6.
Illuminated sign lighting directly visible from residential properties shall be extinguished by 10:30 p.m., except that businesses remaining open thereafter may continue said lighting until the close of business activity. Protective lighting approved by the Police Department may be maintained.
r.
Nothing herein shall prohibit the normal and customary display of the flag of a nation or of a state, county or municipality of the United States or of an organization or firm occupying the same premises, provided that such flags, which shall be exempt from application and permit, shall conform to the following:
1.
No more than three such flags which each exceed 15 square feet in area shall be permitted on one lot, and the maximum permitted size of each such flag shall be determined as follows. The highest flag display height (measured, in feet, from ground level to the top edge of the flag) shall be multiplied by itself and the maximum flag size, in square feet, shall not exceed 5% of that product. In no event shall any flag display height exceed 130% of the permitted height of the principal building or structure, or 35 feet, whichever is less.
2.
Such flags shall be restricted to the display of an emblem, insignia, design and/or logo, and no advertising or other promotion shall be displayed thereon.
3.
No such flags shall be mounted or displayed on any roof, and all ground-mounted flagpoles shall be set back from any property line at least 50% of the actual or required setback to the principal building or a distance at least equal to the height of the flagpole, whichever is the greatest distance.