West Milford City Zoning Code
ARTICLE XIV
Signs
§ 500-148 Purposes; authority.
A.
The purposes of these sign regulations are to:
(1)
Encourage the effective use of signs as a means of communication in the Township;
(2)
Maintain and enhance the aesthetic environment and the Township's ability to attract sources of economic development and growth;
(3)
Improve pedestrian and traffic safety;
(4)
Minimize the possible adverse effect of signs on nearby public and private property; and
(5)
Enable the fair and consistent enforcement of these sign restrictions.
§ 500-149 Applicability; effect.
A.
A sign may be erected, placed, established, painted, created, or maintained in the Township only in conformance with the standards, procedures, exemptions, and other requirements of this article.
B.
The effect of this article, as more specifically set forth herein, is:
(1)
To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a more limited variety of signs in other zones, subject to the standards and the permit procedures of this article.
(2)
To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits.
(3)
To provide for off-site signs without commercial messages in limited circumstances.
(4)
To prohibit all signs not expressly permitted by this article.
(5)
To provide for the enforcement of the provisions of this article.
§ 500-150 Computations.
The following principles shall control the computation of sign area and sign height:
A.
Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.
B.
Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by that of only one face. It shall be that of the largest face if the two faces are not the same.
C.
Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction, or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
D.
Computation of maximum total permitted sign area for a lot. The permitted sum of the area of all individual signs on a lot shall be computed as permitted in Sign Table B for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each lot frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.
§ 500-151 Definitions.
[Added 7-20-2011 by Ord. No. 2011-013[1]]
Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Banners shall be considered temporary signs and regulated as same.
Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds.
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted to a freestanding sign.
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.
A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this Land Development Ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time-and-temperature portion of a sign and not a changeable copy sign for purposes of this Land Development Ordinance.
Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
A variable-message sign that utilizes computer-generated messages or some other electronic means of changing copy.
Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
A sign providing the name and occupant of premises.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
Any sign attached to, in any manner, or made a part of a marquee.
A sign lawfully existing on the effective date of this chapter, or any amendment to it rendering such sign nonconforming, which does not comply with all of the standards and regulations of this chapter or any amendment hereto.
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. Portable signs are not to be classified as temporary signs.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
Any sign in conformance with the standards set forth in this chapter which serves to identify a residential neighborhood or a lake community organization in West Milford.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of this Land Development Ordinance.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
A device on any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public.
Anything constructed, assembled, or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices and swimming pools. For purposes of Chapter 500, Article XIII, Historic Preservation Commission, a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land.
A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Any sign that is used only temporarily and is not permanently mounted and permitted for limited duration pursuant to this chapter. Banners shall be considered as temporary signs and regulated as such. Portable signs are not to be classified as temporary signs.
Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
Any sign, picture, symbol, or combination thereof designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
[1]
Editor's Note: This ordinance also repealed former § 500-151, Signs allowed on private property with and without permits; sign tables.
§ 500-152 Permits required.
A.
If a sign requiring a permit under the provision of this article is to be placed, constructed, erected, or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of § 500-159.
B.
Upon adoption of this chapter, no sign permit of any kind shall be issued for a proposed sign unless such sign is consistent with the requirements of this chapter in every respect and with the Master Signage Plan or Common Signage Plan in effect for the property.
C.
Permits shall not be required for the following signs: building marker, identification, incidental, window, flag, political organization, community organization, local nonprofit organization, and applicants who have received a permit in accordance with § 500-36.1 of the Township Code.
[Added 7-20-2011 by Ord. No. 2011-013; amended 3-16-2016 by Ord. No. 2016-004]
§ 500-153 Design, construction and maintenance.
All signs shall be designed, constructed, and maintained in accordance with the following standards:
B.
Except for banners, flags, temporary signs, and window signs conforming in all respects to the requirements of this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. No signs other than "No Trespassing" signs not exceeding one square foot in size shall be attached to trees, fence posts, utility poles or other signs.
C.
All signs shall be maintained in good structural condition, in compliance with all applicable codes, and in conformance with this chapter, at all times.
§ 500-154 Plan requirements for sign permit.
A.
When applying for a new sign, with the exception of Subsection B below, the following information shall be provided to the Construction Code Official or Zoning Officer:
[Amended 7-20-2011 by Ord. No. 2011-013]
(1)
Freestanding signs. A plot plan prepared by a licensed professional and drawn to scale shall be submitted indicating property lines of the subject site and the location of buildings, parking areas and driveways on site, with the location of the proposed sign(s) clearly designated. For properties on which a current professionally prepared site plan exists, said plan shall be suitable on which to identify proposed signs. A rendering of the sign(s) specifying exterior dimensions shall be included along with a maximum height.
(2)
Building signs. A rendering of the building to which the sign(s) shall be attached shall be submitted indicating the location of the sign(s), and the exterior dimensions of the sign(s) shall be shown thereon.
B.
Master signage plan. For sign modification, change, or addition to a preexisting developed or otherwise occupied lot, the applicant shall submit a master signage site plan indicating the location, size and height of all existing and proposed signs on the site. For properties for which a current professionally prepared site plan exists, said plan shall be suitable on which to identify proposed signs. Such site plan shall be prepared by a licensed professional, drawn to scale, indicating the following:
C.
Common signage plan. If the owners of two or more contiguous lots or the owner of a single lot with more than one building (not including any accessory building) submit a common signage plan conforming to the provisions of this section, a 25% increase in the maximum total sign area shall be allowed for each included lot. This bonus shall be allocated within each lot as the owner(s) elects. The common signage plan shall contain all of the information required under Subsection A of this section and shall also specify standards for consistency among all signs on the lots affected by the plan with regard to:
D.
Limit on number of freestanding signs under common signage plan. The common signage plan, for all lots with multiple uses or multiple users, shall limit the number of freestanding signs to a total of one for each street on which the lots included in the plan have frontage and shall provide for shared or common usage of such signs.
E.
Consent. The master or common signage plan shall be signed by all owners or their authorized agent.
F.
Amendment. A master or common signage plan may be amended by filing a new master or common signage plan that conforms to all requirements of this chapter then in effect.
G.
Existing signs not conforming to common signage plan. If any new or amended common signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within three years, all signs not conforming to the proposed amended plan or to the requirements of this chapter in effect on the date of submission.
H.
Binding effect. After approval of a master or common signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this chapter.
§ 500-155 Off-site signs.
No off-site signs shall be allowed except for the following:
A.
Permanent signs as follows:
(1)
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrians or vehicular traffic, and bus stop signs erected by a public transit company.
(2)
Informational signs of a public utility regarding its poles, lines, pipes, or facilities.
B.
Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.
C.
Political signs and community organization signs. Only political and community organization signs, temporarily giving notice of political campaigns or community functions, shall be permitted off-site. No political or community organization sign shall exceed 16 square feet in area. Signs shall be permitted within 60 days prior to any municipal, school, county, state or national election or community function, and shall be removed within 10 days after the election or function. The exception to area and setback requirements shall be banners hung over roadways. All such signs do not need a construction permit.
D.
Other signs forfeited. Any sign installed or placed on public property, except for those signs specifically exempted, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Township shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
E.
Real estate signs for residential sales in all residential zones not to exceed four square feet.
§ 500-156 Exempt signs.
The following signs shall be exempt from regulation under this chapter:
A.
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
B.
Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located.
C.
Works of art that do not include a commercial message.
D.
Traffic control signs on private property, such as stop, yield, and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.
§ 500-157 Prohibited signs.
All signs not expressly permitted under this chapter or exempt from regulation hereunder in accordance with the previous section are prohibited in the Township.
§ 500-158 General permit procedures.
The following procedures shall govern the application for and issuance of all sign permits under this chapter and the submission and review of common signage plans and master signage plans:
A.
Applications. All applications for sign permits of any kind and for approval of a master or common signage plan shall be submitted to the Construction Official or designee.
C.
Completeness. Within 10 days of receiving an application for a sign permit, the Construction Official or designee shall review it for completeness. If the Construction Official or designee finds that it is complete, the application shall then be processed. If the Construction Official or designee finds that it is incomplete, the Construction Official or designee shall, within such ten-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this chapter.
D.
Action. Within 15 days of the submission of a complete application for a sign permit, the Construction Official or designee shall either:
(1)
Issue the sign permit; or
(2)
Reject the sign permit if the application fails in any way to conform to the requirements of this chapter or the applicable master or common signage plan, specifying the section or sections of this chapter or applicable plan with which the sign(s) is inconsistent. The applicant may correct the plans and resubmit the corrected plan.
§ 500-159 Permits to construct or modify signs.
[Amended 7-20-2011 by Ord. No. 2011-013]
Signs shall be erected, installed, or created only in accordance with the duly issued and valid sign construction permit from the Construction Official. Such permits shall be issued only in accordance with the following requirements and procedures:
A.
Permit for new sign or sign modification. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a master signage plan or common signage plan then in effect for the lot. One application and permit may include multiple signs on the same lot.
B.
Inspection.
(1)
The applicant shall request an inspection of the lot for which each permit for a new sign or for modification of an existing sign is issued within one year of permit issuance. If the sign has not been erected within one year of the issuance date, the permit shall lapse and become void.
(2)
If the construction is complete and in full compliance with this chapter and with the Uniform Construction Code, the Construction Official shall issue a certificate of compliance.
§ 500-160 Temporary sign permits (private property).
Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, which shall be subject to the following requirements:
§ 500-161 Time of compliance; nonconforming signs and signs without permits.
Except as otherwise provided herein, the owner of any lot or other premises on which exists a sign that does not conform to the requirements of this chapter or for which there is no current and valid sign permit shall be in violation of this chapter.
A.
Signs existing on effective date.
(1)
For any sign existing in the Township, as of the effective date of this chapter, an application may be submitted to the Construction Official by January 1, 1994, for a nonconforming sign permit subject to review and approval of the sign review committee established by the Planning Board. Signs that are the subject of applications received after the applicable date set forth in this section shall be subject to all of the terms and conditions of this chapter.
(2)
Such permit shall allow the sign(s) subject to such permit, which were made nonconforming by the adoption of this chapter, to remain in place and be maintained, provided that no action is taken which increases the degree or extent of the nonconformity.
§ 500-162 Zone district signage standards.
[Added 7-20-2011 by Ord. No. 2011-013]
Signs shall be permitted in the applicable zone districts subject to the specific standards set forth in Subsections A through Q.
A.
Projecting sign. Projecting signs shall be permitted in VC, NC, LC, CC, LMI, SED, OR and HC Zone Districts, subject to the following standards:
(1)
Maximum number: one.
(2)
Maximum sign area: 20 square feet.
(3)
Placement requirements:
(a)
Where a projecting sign extends over a designated pedestrian walkway including both public and private sidewalks, there shall be a minimum vertical clearance of nine feet between finished grade and base of the sign.
(b)
Projecting signs shall not be permitted to extend into the right-of-way of a public street or within the paved cartway of a private lane or driveway.
(c)
Projecting signs shall maintain a minimum distance of five feet to all property boundaries.
B.
C.
Canopy sign. Canopy signs shall be permitted in VC, NC, LC, PN, CC, OT, LMI, SED, OR and HC Zone Districts, subject to the following standard:
(1)
Maximum sign area: 20% of the total surface area of the canopy.
D.
E.
Wall signs. Wall signs shall be permitted in VC, NC, LC, PN, CC, OT, LMI, SED, OR and HC Zone Districts, subject to the following standards:
(1)
Aggregate total not to exceed 5% of that portion of the face of the building upon which sign(s) is affixed in the VC, NC, CC, LC and OR Zone Districts.
(2)
Aggregate total not to exceed 10% of that portion of the face of the building upon which sign(s) is affixed in the HC, LMI and SED Zone Districts.
(3)
Aggregate total not to exceed 2% of that portion of the face of the building upon which sign(s) is affixed in the OT and PN Zone Districts.
G.
Portable sign. Portable signs shall be permitted in VC, NC, LC, CC, LMI, SED, OR and HC Zone Districts, subject to the following standards:
(1)
Maximum sign area: nine square feet.
(2)
Maximum height: four feet.
(3)
Number of signs per lot: one sign per business.
(4)
Placement requirement. Where a site is permitted two or more signs based on multiple businesses on one lot, there shall be a minimum distance of 15 feet between each portable sign.
I.
J.
Temporary signs shall be permitted in all zone districts in accordance with the standards set forth in § 500-160.
N.
Incidental signs shall be permitted in all zone districts.
O.
Roof integral signs shall be permitted in the VC, NC, CC, LC, HC, OR, LMI and SED Zone Districts subject to the following standard:
(1)
Maximum number: one sign per lot frontage.