West Cape May City Zoning Code
§ 27-27.4
Signs.
[Ord. No. 130-88A16 § 4; Ord. No. 342-05 § 1; Ord. No. 428-09 § 27-27.4; Ord. No. 512-2016]
Purpose. The purpose of this subsection is to protect the safety and orderly development of the community through the regulation of signs and sign structures. The intent of this subsection is to balance businesses' need to optimize visibility with the cumulative safety and aesthetic impact of all signs in the community. This subsection is consistent with the downtown vision as outlined in the 2008 Business District Urban Design Plan; community goals and objectives as stated in the 2005 Master Plan; and Chapter 27 zoning regulations regarding historic preservation, landscaping, and design standards.
Definitions. When a specific definition is not provided, standard definitions shall be used:
Shall mean a sign employing actual motion or the illusion of motion.
Shall mean any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein.
Shall mean an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
Shall mean a sign attached to, affixed to, or painted on an awning.
Shall mean a sign made of fabric or other similar flexible material with no framework or electrical components. A pole banner sign generally is made of fabric, affixed to a lamppost, and celebrates an event, season, community, downtown district or organization.
Shall mean a sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or right of way. Memorial nameplates or dedication plaques are not included.
Shall mean a commercial sign that directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
Shall mean a multi-sided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns.
Shall mean a sign affixed to the visible surface(s) of a canopy.
FIXED-MESSAGE ELECTRONIC SIGNS - Shall mean signs whose basic informational content has been preprogrammed to include only certain types of information projection, such as time and temperature.. |
ELECTRONIC MESSAGE SIGN - Shall mean an electronically activated changeable sign whose variable message capability can be electronically programmed. |
Shall mean a temporary sign placed on the premises where construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
Shall mean a sign listing the tenants or occupants of a building or group of buildings and that may also indicate their respective professions or business activities.
Shall mean the area or display surface used for the message.
Shall mean the exterior wall of a building or structure that fronts on a public street.
Shall mean the sign on the principal façade of a building.
Shall mean a sign supported by a structure affixed to the ground, and not supported by a building, including pole signs.
Shall mean a freestanding sign in which the entire bottom is in contact with or is close to the ground, supported by internal structural framework.
Shall mean a freestanding sign supported by the extended arm of a single post.
Shall mean a sign characterized by the use of artificial light, either projecting through its surface (internally illuminated); or reflecting off its surface (externally illuminated).
Shall mean any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.
Shall mean any hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance.
Shall mean any sign part of a marquee and designated to have changeable copy, either manually or electronically.
Shall mean a sign, tablet, or plaque memorializing a person, event, structure, or site.
See Ground sign
Shall mean a sign consisting of glass tubing, bent to form letters, symbols, or other shapes and illuminated by neon or a similar gas through which an electric voltage is discharged.
Shall mean a sign lawfully erected and maintained prior to the adoption of the current ordinance that does not conform with the requirements of the current ordinance.
Shall mean a sign that is mounted on a freestanding pole.
Shall mean a sign that is moveable and not permanently attached to a structure or the ground, including A-frame or sandwich board signs.
Shall mean a sign attached to a projecting out from a building face or wall, generally at right angles to the building.
Shall mean a sign mounted on, and supported by a roof, or signs that project above the highest point of the roofline, parapet or fascia of the building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered roof signs.
Shall mean two or more commercial establishments on one property, managed as a unit, and providing retail goods and personal services.
Shall mean a freestanding sign that identifies all the businesses in the shopping center.
Shall mean the entire face of a sign, including the surface and any frame, trim or molding, but not including the supporting structure.
Shall mean a sign fastened to, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the signs, and that does not project more than eighteen (18") inches from such building or structure.
Shall mean a sign affixed to the surface of a window with its message intended to be visible to and readable from the public right-of-way or from adjacent property.
General Provisions.
Unless otherwise stated herein, the installation of any permanent sign for a commercial, professional and/or institutional use shall require a zoning permit.
No sign shall be installed which is not in accordance with standards established in this chapter. If a sign type is not specifically permitted, it is prohibited.
Each principal structure shall have affixed thereto appropriate numbers indicating its street address in a size and location so as to be readily visible from the street.
No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted use conducted on the same premises.
No sign of any type shall be permitted to obstruct driving visions, traffic signals, traffic directional and identification signs, or vehicular or pedestrian traffic in a public right-of-way.
No sign or sign supports shall be located within any street, road, sidewalk or other public right-of-way, except where provided herein for awning, canopy and projecting signs.
No sign may project above the roof line of the building on which it is mounted, or above the maximum height of the building to which it is associated.
All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings, or faces, maintenance of legibility and all lighting elements.
All pole signs shall require the approval of the Planning Board and/or Zoning Board of Adjustment, depending upon which Board has jurisdiction. The area surrounding the base of pole signs shall be landscaped.
Freestanding signs, where permitted by district regulation, are limited to no more than one per property, and shall be set back four (4') feet from the property line or public right-of-way.
Wall signs shall not exceed 5% of any wall.
Projecting signs are permitted to encroach over the public right-of-way by a maximum of two (2') feet. The bottom of the sign shall be at least eight (8') feet from grade.
Awning signs are only permitted on the vertical fringe of the awning. Awning lettering shall be a maximum of eight (8"). Vinyl or other plastic material is not permitted. Awnings and canopies may project a maximum of four (4') feet into the right-of-way, but the total projection shall not be any greater than five (5') feet from the face of the building. The bottom of the awning or canopy shall be at least seven (7') feet from grade. Awning supports are not permitted within the setback requirement, or in the public right-of-way. Awnings shall not be closer than twenty-four (24") from the face of the curb.
Institutional signs for schools, churches and other public or semi-public institutions are permitted in all zoning districts. There shall not be more than one freestanding sign per frontage, or one sign per wall. Sign area of the freestanding sign shall not exceed 24 square feet, and the wall sign shall not exceed 5% of the wall.
Computations.
Sign area measurement. For those signs with a defined background, the calculated sign area includes the defined background. For signs that have no defined background, such as letters affixed to or painted on a wall, the area shall be computed by measuring the outline of the letters or graphics. The area for a sign with more than one face includes the sum of all the area of signs visible from any one point. For double-sided identical signs, and V-shaped signs at a 15% or more acute angle, only one side is included in sign area.
Sign height measurement. Sign height is measured at the highest point of the sign or sign structure.
Computation of total permitted sign area includes all sign types except those listed as exempt or as signs not requiring a permit herein.
For properties that have more than one side facing a street, additional signage may be permitted in accordance with the standards for this subsection, for each major street upon which the parcel fronts, but may not be combined and placed facing one street.
Prohibited Signs.
[Ord. No. 512-2016]
Electronic message signs.
Animated, blinking, flashing, moving or revolving signs.
Neon, LED or similar signs.
Roof signs.
Signs attached to trees or utility poles.
Inflatable signs
Billboard signs
Bench signs
Any sign attached to or placed on a vehicle except for those vehicles actively used in the daily function of the business to which such signs relate.
Banners, except where permitted herein, and pennants.
Vinyl signs
Internally lit signs
Permits Required. All signs except those listed as exempt or as signs not requiring a permit herein, require a zoning permit prior to installation. Certain sign types also require a construction permit to ensure proper, safe and secure installation.
Exempt Signs. Signs exempt from regulations:
Official Traffic, Parking and Street Signs. Also exempt are trespassing signs and signs indicating private ownership of roadways or other private property.
Signs installed by or at the direction of the Borough upon Borough streets, road, sidewalks, rights-of-way or other real property owned or controlled by the Borough.
Signs That Do Not Require a Permit.
Roadside farm stand signs where approved as an accessory use. Maximum size of roadside farm stand sign is 12 square feet.
Historical Signs. Historical signs, stating the historical name of a building and a date (e.g., John Doe House, circa 1850) shall be permitted, subject to the following restrictions:
Signs identifying a resident's name and/or street number, limited to one square foot.
Temporary Signs. Temporary signs generally lack good design, are made of substandard material, and are often located in the public right-of-way. Enforcement is difficult due to their ability to be removed easily. Recognizing that temporary signs serve an important commercial and economic function, this chapter seeks to balance these issues through reasonable, appropriate and measurable regulation.
For sale or rent. One for sale or rent sign per property is permitted with a maximum sign area of five square feet. "For sale" and/or "sold" signs must be removed from the premises within seven days of closing/settlement.
Open house signs, including one directional sign and balloons may be placed only on the property for which the open house is being held, and only during the hours of the open house. Pennants are prohibited.
Contractor signs. Contractor signs shall be permitted at a maximum of five square feet, but must be removed within 30 days of the completion of the contractor's work on the premises.
Construction sign. During new construction, one temporary sign announcing the builder, architect, lending institution, and/or real estate broker is permitted and shall be no larger than 16 square feet on lots that are 5,000 square feet or less, and 32 square feet on lots greater than 5,000 square feet. The sign must be removed upon issuance of a certificate of occupancy.
Political campaign and election signs shall be no larger than 16 square feet.
Signs with a maximum size of two square feet, posted inside windows advertising a sale, help wanted, and public and nonprofit events.
Yard sale and/or garage sale signs. Signs advertising yard sales and/or garage sales shall be permitted but must be removed within 24 hours after the event.
Banners indicating a sale event or grand opening are permitted for a total of 30 days in any one year period, and require prior written notification of and written confirmation by the Zoning Officer or Code Official.
Decorative or informational flags such as "open" or "welcome," with a limit of one flag per business.
Information posted regarding hours of operation, credit cards accepted. Such information shall be permitted only where attached to the building. No letter or number in excess of four (4") inches vertical height shall be permitted.
Substandard or Illegal Signs.
Unsafe Signs. If any sign is deemed unsafe by the Construction Official, Zoning Officer, or Code Official, the owner thereof or the person or firm responsible for the property, upon written or verbal notice shall make the sign safe or remove the sign. If the sign is not removed in the time period indicated, the sign can be removed by the Borough at the expense of the property owner, and shall be cause for the issuance of a summons to appear in Municipal Court.
Obsolete Sign Copy. Any individual, corporation or entity who owns or leases a sign shall remove said sign within 30 days after the party no longer conducts business on the premises.
Illegal Signs. Any sign that is unlawfully installed shall be removed by the owner immediately upon notification with reason by the Construction Official, Zoning Officer, or Code Official. Failure to remove an illegal sign shall be cause for the issuance of a summons to appear in Municipal Court.
Dilapidated Signs. A sign determined to be substantially dilapidated as determined by the Zoning Officer or Code Official, shall be removed in accordance with Subsection 1 above.
Durable Materials. All signs shall be made of durable material and fastened securely with nonrusting hardware. Cardboard, poster board, corrugated plastic, and other similar materials are considered substandard and unacceptable sign materials and shall be removed.
Nonconforming Signs.
Nonconforming signs as defined herein, shall not be structurally altered, enlarged, relocated, extended or increased, unless they are to conform to these regulations and receive a zoning and construction permit.
Nonstructural changes such as color and name changes, and normal maintenance and repair, such as light bulb replacement or painting, is permitted for nonconforming sign.
Design Guidelines.
Every sign shall be designed as an integral architectural element of the structure, building and site to which it principally relates. It shall be in good scale and proportion in design and visual relationship to structures, building and other surroundings.
The colors, materials, and lighting of every sign shall be harmonious with the structure, building and site to which it relates.
Each sign shall be compatible with, and shall not block the visibility of signs on adjoining premises.
Administration and Enforcement.
Enforcement of all subsections of the within section shall be commenced by the issuance of a violation notice with order to comply. If no action is taken by the property owner, there shall be a filing of a complaint in the Municipal Court.
Any person found guilty of violation of this chapter, or any section therein, shall be subject to a fine not to exceed the sum of $200 for a first offense. For a second offense or subsequent offense, a fine of not less than $200 nor more than $500, provided, however, that the Court shall waive or suspend any fines if the Court determines it is appropriate to do so. An individual need not be charged as a subsequent offender in order to be fined as a subsequent offender. Each day the violation continues may constitute a separate offense.
District Regulations.
Signs in C-1 Broadway Commercial District.
Sign types permitted in the C-1 zoning district include:
Awning signs, only on vertical fringe of awning.
Façade signs, maximum 15% of first floor façade.
Hanging signs, maximum size 12 square feet, maximum height six (6') feet.
Monument signs, maximum size 12 square feet, maximum height four (4') feet.
Portable signs, maximum six square feet.
Projecting signs, maximum six square feet.
Wall signs, maximum 5% of wall.
Window signs, maximum 25% of window.
There shall be no more than two signs per fifty (50') feet of lot frontage. Undersized lots are permitted no more than one sign.
Signs shall be consistent with the character of the property and the historic nature of the district. Internally lit box signs are not permitted in the C-1 zone.
Signs in C-2 Park Commercial District.
Sign types permitted in the C-2 zoning district include:
Awning signs, only on vertical fringe of awning.
Hanging signs, maximum size 12 square feet, maximum height six (6') feet.
Façade signs, maximum 15% of first floor facade.
Monument signs, maximum size 12 square feet, maximum height four (4') feet.
Portable signs, maximum six square feet.
Projecting signs, maximum six square feet.
Shopping center signs, one square foot of signage per foot of storefront, with a maximum size of 100 square feet, and maximum height ten (10') feet.
Wall signs, maximum 5% of wall.
Window signs, maximum 25% of window.
There shall be no more than two signs per fifty (50') feet of store frontage.
For shopping centers, in addition to a main shopping center sign, each individual store front may have two additional signs, (such as a facade sign and window sign) with a maximum of two square feet per foot of store frontage.
Signs in C-3 Sunset Commercial District.
Sign types permitted in the C-3 zoning district include:
There shall be no more than three signs per fifty (50') feet of store frontage. Undersized lots are permitted no more than two signs.
Signs in Residential Districts.
Freestanding sign for multi-family residential complex at a limit of one square foot per ten (10') feet of frontage dedicated to such use, with a maximum of 24 square feet. Waivers from this requirement can be requested as part of the site plan application.