Westfield City Zoning Code
ARTICLE 16
Exterior Signs
§ 16.01 Exterior signs must comply with this article.
No exterior sign shall be erected, hung, painted or otherwise located in any zone district unless it complies with all provisions as hereinafter set forth.
§ 16.02 Zoning approval and permits for exterior signs.
No exterior sign shall hereafter be erected, placed, hung, painted, refurbished, altered or replaced until the sign has been approved by the Zoning Officer and, when required, a permit has been granted by the Construction Official. Plans and detailed information for the sign(s) shall be submitted in triplicate with each application for a permit, and the written consent of both the owner and lessee of the property shall be included with the application. The information submitted with the application shall be sufficient to demonstrate the type, location, dimensions, colors and illumination of all proposed signs, as well as existing signs to remain.
§ 16.03 General regulations.
A.
Calculation of sign dimensions, area, height and setback. For purposes of administering this article, sign dimensions and area shall be calculated as set forth below:
1.
The dimensions of a sign shall be construed to include the sign message and any background to such message. Excluded from the foregoing calculation shall be any base, frame, minor decorative elements or similar structures, provided such features are used only for supporting the sign and are not used as a sign background or for attracting attention.
2.
The terms "area" or "display area" as used in this article shall be construed to include the sign message and any background to such message. The area of signs shall be calculated as follows:
a.
In cases where a sign has a clearly defined border, edge, etc., the area shall be calculated as the plane surface within such border, edge, etc.
b.
In cases where a sign does not have a clearly defined border, edge, etc., the area shall be calculated by multiplying the greatest vertical dimension of the sign by the greatest horizontal dimension of the sign.
c.
In cases other than set forth in Paragraphs 2.a or 2.b above, the area shall be calculated by the Zoning Officer, who shall determine the area based upon the visual effect of the sign.
d.
If a sign contains two sides as permitted herein, only one side shall be used in the calculation of sign area.
3.
The height of a sign shall be calculated as defined in Article 2, "height of building or structure." For purposes of clarification, the term "height" as used in this article refers to the distance between the highest elevation of any part of the sign structure or message and normal grade at the base of said sign, whereas the term "vertical dimension" refers to the distance between the highest and lowest elevations of a portion of the sign, such as the sign background, sign panel, sign letters, numbers and symbols, all as indicated in the respective provisions.
[Amended 8-10-1999 by Ord. 1743]
4.
The setback of a sign shall be measured to the nearest part of the sign, including any base, frame, or decorative elements.
B.
Freestanding signs. Where permitted by this article, freestanding signs shall be subject to the following regulations, in addition to any other applicable requirements:
1.
No freestanding sign shall be located or designed so as to interfere with adequate sight distance at street intersections, driveway entrances and exits at the street, or at the intersection of internal driveways and access aisles.
2.
To the maximum extent practical, freestanding signs shall be located so as to not block the view of other freestanding signs, both existing or which could reasonably exist in the future, on the subject property or on other properties in the vicinity. The Board shall make this determination as part of the required site plan review for the freestanding sign.
3.
Freestanding signs shall be located a sufficient distance from the edge of curbs and pavement so as to avoid being damaged by automobiles, trucks, snow plows or other vehicles.
4.
No freestanding sign shall contain more than two display faces. If a sign has two display faces, the angle of intersection of the two faces shall not exceed 30° and the design of each face shall be identical.
5.
The height of any freestanding sign shall not exceed eight feet, unless more restrictive standards in this article or elsewhere apply.
[Added 8-10-1999 by Ord. 1743]
C.
Signs attached to walls. Except for projecting signs as regulated elsewhere by this article, where permitted by this article, signs attached to walls shall be subject to the following regulations, in addition to any other applicable requirements:
[Amended 11-12-2019 by G.O. No. 2151]
1.
No wall sign shall project more than eight inches from the building wall to which it is affixed.
2.
No sign shall be placed or oriented with the display face perpendicular to the wall to which it is affixed; signs shall be placed flat against the wall.
3.
Wall signs shall not project above the top or beyond the ends of the wall surface upon which they are placed, nor shall wall signs be placed on a parapet or similar architectural device such that the sign would project above the elevation of the roof behind such parapet or other device. No sign shall be placed on the lower slope of a mansard roof.
D.
Certain interior signs regulated as exterior wall signs. Signs located within the confines of a building or structure shall be subject to the requirements of this article in the same manner as exterior wall signs if both of the following conditions exist:
E.
Sign illumination. All permitted exterior signs as defined by Article 2 may be illuminated only by an external light source, unless otherwise provided herein. The following requirements shall apply:
1.
Internally illuminated signs of any kind, as defined in Article 2, whether freestanding or wall mounted, shall be prohibited unless specifically permitted herein. The foregoing shall not be construed to prohibit "halo" signs, utilizing a hidden light source which illuminates only the wall or other background to the sign message, but not the face of the sign message.
2.
The light source of illuminated signs shall be shielded so that the light source shall not be visible.
3.
No illuminated sign shall be of such a color or located in such a manner as to be confused with or to diminish or detract in any way from the effectiveness of any traffic signal or similar official safety or warning device.
4.
No sign illumination or other illumination shall be used or designed for use as an attraction device in itself, but shall be used and designed for use solely to illuminate the sign to which it is accessory. The foregoing shall be construed to prohibit light bulbs, singly or in combination, used as an attraction device; strobe lights; black (i.e., ultraviolet) lights; string lights; flashing or moving lights of any kind; and similar uses of illumination as attraction devices.
5.
The hours of illumination of any sign shall be limited to the hours when the use is open for business to the public, or between the hours of 6:00 a.m. and 11:00 p.m., whichever is less restrictive.
F.
Sign materials. Wood, metal, and masonry are the preferred sign material. Contemporary materials such as plastic and vinyl are permitted if they are of a high quality, sturdy material. All signs shall be constructed of weather resistant materials. Paper, fiberboard, foam core board, corrugated paper, or unfinished wood materials shall be prohibited.
[Amended 6-6-2017 by Ord. No. 2082]
§ 16.04 Permitted signs.
[Amended 8-10-1999 by Ord. 1743; 6-6-2017 by Ord. No. 2082; 7-11-2017 by Ord. No. 2085; 11-12-2019 by G.O. No. 2151; 8-11-2020 by G.O. No. 2180; 2-8-2022 by G.O. No. 2022-03; 12-13-2022 by G.O. No. 2022-20; 3-12-2024 by G.O. No. 2024-05; 3-12-2024 by G.O. No. 2024-06]
The following signs shall be permitted and regulated as set forth below:
A.
Street number signs. In addition to any other permitted signs, street number signs shall be permitted in all of the zone districts, subject to the following:
1.
Only one street number sign shall be permitted for each property, building or space having an address.
2.
The street number sign may be freestanding or wall mounted.
3.
The message of the street number sign shall be limited to only the street number.
4.
The sign shall be located to face toward the street to which the street number refers.
5.
The vertical dimension of the numbers shall not exceed four inches, otherwise the sign shall not be considered a street numbers sign for purposes of this article, but shall be subject to the sign regulations in the district and/or for the particular use, as applicable.
B.
Signs for dwellings housing up to four families. Regardless of the zone district, each lot containing a lawful dwelling housing up to four families shall be permitted the following sign:
1.
Only one sign shall be permitted.
2.
The sign shall be permitted to display only the name of the dwelling occupant(s) and the street address.
3.
The sign may be freestanding or wall mounted. If freestanding, the sign shall be located in the front yard. If wall mounted, the sign shall be located on the wall of the dwelling at the front entrance.
4.
The area of the sign shall not exceed one square foot.
5.
The height of any such freestanding sign shall not exceed five feet.
6.
The vertical dimension of any sign letters, numbers or other symbols shall not exceed four inches.
C.
Signs for multifamily dwellings containing more than four units. Regardless of the zone district, each lot containing a lawful, multifamily dwelling containing more than four units shall be permitted the following sign(s):
1.
One sign identifying the name of the multi-family dwelling development, and regulated as follows:
a.
The sign may be freestanding or wall mounted. If freestanding, the sign shall be located at least 10 feet from any property line and shall be placed parallel to the street.
b.
The area of the sign shall not exceed 16 square feet.
c.
The height of the freestanding or wall mounted sign shall not exceed six feet.
D.
Signs for residential apartments in mixed residential/non-residential development. Regardless of the zone district, each building containing lawfully permitted residential apartment(s) together with offices, retail business or other permitted non-residential use shall be permitted one sign displaying the name of the occupant(s) and the street number, and regulated as follows:
E.
Signs for nonresidential uses on the ground floor. In all zone districts, except the residential zone districts and the P-1, P-2, O-1, O-2 and O-3 zone districts, lawfully permitted non-residential uses located on the ground floor shall be permitted the following signs:
1.
Main entrance signs. One wall sign at the main public entrance, regulated as follows:
a.
The sign shall be located on the wall at the main public entrance.
b.
The height of the sign shall not exceed the height of the ground floor, or 17 feet, whichever is less.
c.
The horizontal dimension of the sign shall not exceed 20 feet, or 75% of the width of the building frontage occupied by the use, whichever is less.
d.
The vertical dimension of the sign shall not exceed 2 1/2 feet (30 inches).
1.1.
Signs on corner lots. In the event the building is located on a corner lot and fronts on two or more intersecting streets, additional wall-mounted signs shall be permitted in addition to the sign(s) permitted in Subsection E1 above, regulated as follows:
a.
One wall-mounted sign shall be permitted on each additional wall which has a direct street frontage.
b.
The height of the sign shall not exceed the height of the ground floor, or 17 feet, whichever is less.
c.
The horizontal dimension of the sign shall not exceed 20 feet, or 75% of the width of the building frontage occupied by the use, whichever is less.
d.
The vertical dimension of the sign shall not exceed 2 1/2 feet (30 inches).
2.2.
Projecting signs. For each lawfully permitted nonresidential use located on the ground floor, one projecting sign shall be permitted on each building wall on which public access to the use exists, regulated as follows:
a.
The sign shall not exceed six square feet in area.
b.
The sign shall be located at least eight feet above grade and shall not exceed the height of the ground floor, or 17 feet, whichever is less.
c.
The sign must be separated from the wall by at least six inches and must project from the wall at an angle of 90°.
d.
The sign shall not extend more than 2/3 of the width of the sidewalk within or adjacent to the street right-of-way; provided, however, that no sign shall project more than four feet from the surface of the building upon which it is mounted.
e.
The sign shall not extend horizontally along the building wall beyond the portion of the building occupied by the referenced business.
f.
No part of the sign or the installation hardware shall extend above the height of the building wall upon which it is placed.
g.
The sign shall not interfere with any pedestrian, vehicular, utility, or municipal use of the public right-of-way.
h.
The sign shall not have more than two faces.
i.
Internally illuminated blade signs are not permitted.
3.
Wall sign alternatives. In the GB-1, GB-2, GB-3 and C zone districts, as an alternative to the sign(s) permitted in Subsections E.1 and E.2 of this section, there shall be permitted the following:
a.
One sign on each exterior building side wall, the facade of which is perpendicular to the street, up to two such walls, regulated as follows:
(1)
Any such signs shall be clearly visible from an automobile approaching on the street upon which the building fronts.
(2)
The area of any such sign shall not exceed 25 square feet.
(3)
The height of any such sign shall not exceed the height of the ground floor, or 17 feet, whichever is less.
(4)
The horizontal dimension of any such sign shall not exceed 10 feet.
(5)
The vertical dimension of any such sign shall not exceed 2 1/2 feet (30 inches).
b.
In addition to the sign permitted in paragraph a. above, one sign located on a third wall, which wall has a direct street frontage, regulated as follows:
(1)
The sign shall be located on the wall or awning at said entrance.
(2)
The height of the sign shall not exceed the height of the ground floor, or 17 feet, whichever is less.
(3)
The horizontal dimension of the sign shall not exceed 20 feet, or 75% of the width of the building frontage occupied by the use, whichever is less.
(4)
The vertical dimension of the sign shall not exceed 30 inches.
4.
Retail or commercial freestanding sign alternative. In the GB-2, GB-3 and C zone districts, as an alternative to the sign(s) permitted in Subsections E.1, E.2 and E.3 of this section, lawfully permitted retail sales, services and other commercial uses except for administrative, business and professional offices, shall be permitted one freestanding sign only if the depth of the yard in which the sign is located is at least 20 feet. Such freestanding sign shall be regulated as follows:
a.
No more than one such sign shall be permitted on any lot.
b.
The sign shall be located in the front yard or, in the case of a corner lot, in the front yard or street side yard.
c.
The sign shall be located at least five feet from any property line.
d.
The area of the sign shall not exceed 16 square feet.
e.
The height of the sign shall not exceed eight feet.
f.
Neither the horizontal or vertical dimension of the sign shall exceed six feet.
5.
Office freestanding sign alternative. In the GB-2, GB-3 and C zone districts, as an alternative to the sign(s) permitted in Subsections E.1, E.2 and E.3 of this section, lawfully permitted administrative, business and professional offices as defined in Article 2 shall be permitted one freestanding sign only if the depth of the yard in which the sign is located is at least 20 feet. Such freestanding sign shall be regulated as follows:
a.
No more than one such sign shall be permitted on any lot.
b.
The sign shall be located in the front yard or, in the case of a corner lot, in the front yard or street side yard.
c.
The sign shall be located at least five feet from any property line.
d.
The area of the sign shall not exceed 10 square feet.
e.
The height of the sign shall not exceed eight feet.
f.
Neither the horizontal or vertical dimension of the sign shall exceed six feet.
6.
Wall signs for entrances facing parking areas or other pedestrian approaches. In addition to projecting signs as regulated elsewhere by this article, any wall containing an exterior public ground floor pedestrian entrance accessible from an approved parking area, sidewalk or other safe pedestrian approach, serving a lawfully permitted nonresidential use on the ground floor shall be permitted one sign as follows; provided that no other wall or freestanding sign exists which identifies said entrance to such nonresidential use:
a.
The sign shall be located on the wall at the public entrance.
b.
The sign message shall be limited to identifying the entrance to the use in question.
c.
The height of any such sign shall not exceed the height of the ground floor, or 12 feet, whichever is less.
d.
The vertical dimension of the sign shall not exceed 1 1/2 feet (18 inches).
e.
The horizontal dimension of the sign shall not exceed four feet.
F.
Signs for nonresidential uses in the P-1, P-2, O-1, O-2 and O-3 zone districts. In the P-1, P-2, O-1, O-2 and O-3 zone districts, permitted non-residential uses shall be permitted one sign, regulated as follows:
1.
No more than one such sign shall be permitted on any lot. If there is more than one nonresidential use, all of the uses shall utilize the same sign.
2.
If the front yard on the property is at least 20 feet in depth, the sign shall be freestanding. If the front yard is less than 20 feet in depth, the sign may be freestanding or wall mounted.
3.
If a freestanding sign is erected as permitted above, the following regulations shall apply:
a.
The sign shall be located in the front yard or, in the case of a corner lot, in the front yard or street side yard.
b.
The sign shall be located at least five feet from any property line.
c.
The area of the sign shall not exceed 10 square feet.
d.
The height of the sign shall not exceed eight feet.
e.
Neither the horizontal or vertical dimension of the sign shall exceed six feet.
4.
If a wall mounted sign is erected, as may be permitted above, the following regulations shall apply:
a.
The sign shall be located on the wall of the main front facade.
b.
The height of the sign shall not exceed the height of the ground floor, or 12 feet, whichever is less.
c.
The area of the sign shall not exceed six square feet, if used for one use, or 12 square feet, if used for more than one use.
d.
The horizontal dimension of the sign shall not exceed six feet.
e.
The vertical dimension of the sign shall not exceed two feet.
G.
Directory signs for entrances serving multiple nonresidential uses. Regardless of the zone district, any building occupied by lawfully permitted nonresidential uses shall be permitted one directory sign for each exterior public entrance which serves more than one nonresidential use, regulated as follows:
1.
Any such sign shall be mounted on the wall at the public entrance.
2.
Any such sign shall be divided into panels identifying each nonresidential use served by the entrance; one such panel for each use. The panels shall be arranged above and below each other.
3.
The horizontal dimension of any individual panel or the entire directory sign shall not exceed 2 1/2 feet (30 inches).
4.
The vertical dimension of any individual panel shall not exceed four inches. The vertical dimension of the entire directory sign shall not exceed the product of four inches times the number of individual panels on the sign.
5.
The vertical dimension of the letters, numbers or other symbols on the sign shall not exceed three inches.
6.
The sign shall not be illuminated.
H.
Window signs for nonresidential uses on upper floors. In all zone districts, except in the residential zone districts or the P-1 and P-2 zone districts, lawfully permitted nonresidential uses located on the upper floors shall be permitted sign(s) having no opaque signboard or background, painted on exterior windows which are reasonably visible from a public street or an approved parking area, regulated as follows:
1.
One sign per business per window shall be permitted, up to a maximum two signs per business on any wall.
2.
The sign shall be limited to the name and/or type of business and the street number.
3.
The area of any and all such signs shall not exceed four square feet in any window.
4.
The sign(s) shall not be illuminated.
I.
Gasoline filling stations and gasoline service stations. Notwithstanding any other provision herein, lawfully permitted gasoline filling stations and gasoline service stations shall be permitted the following sign(s):
1.
One freestanding sign structure consisting of up to two separate signs ancillary to the retail sale of gasoline or diesel motor vehicle fuel and regulated as follows:
a.
One part of the sign may identify the brand of gasoline or the name of the business. The other part of the sign may advertise the price for up to three fuel grades sold on the premises.
b.
The area of all parts of such sign shall not exceed 25 square feet.
c.
Neither the horizontal nor vertical dimension of such sign shall exceed six feet.
d.
Any and all parts of the sign structure shall be located at least five feet from any property line.
e.
The height of the sign shall not exceed six feet.
2.
Wall mounted sign(s) as permitted and regulated in § 16.04E.1, 2 and 3.
3.
On any canopy which may be permitted, no sign shall be permitted except for the freestanding sign permitted by Subsection I.1 above, which may be incorporated into the canopy structure. The foregoing shall not be construed to permit more than one freestanding sign structure for any gasoline filling station or gasoline service station.
4.
All other requirements of this article that do not conflict with this subsection shall apply to such signs.
J.
Freestanding signs for new automobile sales dealers. Notwithstanding any other provision herein, lawfully permitted new automobile sales dealers shall be permitted one freestanding sign advertising the make(s) of automobiles sold on the premises, in addition to any other signs which may be permitted in the district, and regulated as follows:
1.
The area of such sign shall not exceed 25 square feet.
2.
Neither the horizontal nor vertical dimension of such sign shall exceed six feet.
3.
Any and all parts of the sign structure shall be located at least five feet from any property line.
4.
The height of the sign shall not exceed six feet.
5.
All other requirements of this article that do not conflict with this subsection shall apply to such sign.
K.
Signs for houses of worship, public schools and private non-profit schools. Notwithstanding any other provision herein, lawfully permitted houses of worship, public schools and private non-profit schools shall be permitted the following sign(s):
L.
Signs for nonprofit chartered membership organizations and the offices of charitable organizations. Lawfully permitted non-profit chartered membership organizations and the offices of charitable organizations shall be permitted the same sign(s) as permitted for office uses in the same location.
M.
Governmental signs. Official signs erected or required by the Federal government, the State of New Jersey or any of its agencies, and any county or municipality of the State shall be exempt from the regulations in this article to the extent that such governmental requirement conflict with the requirements of this article.
N.
Flags. Official flags of the United States, the State of New Jersey, Union County, the Town of Westfield and the Downtown Westfield Corporation shall be permitted in all of the zone districts. A maximum of two decorative flags accessory to a residential use may be displayed on a residential lot; provided such flags do not contain any advertising or identification related to a commercial use.
O.
Credit card signs. In addition to any other signs which may be permitted, credit card signs and trading stamp signs shall be permitted on the premises of a non-residential use if such use accepts such credit cards and trading stamps. The following regulations shall apply:
P.
Public convenience signs. In addition to any other signs which may be permitted, special signs serving the public convenience, such as "Public Telephone," "Public Restroom," or words or directions of similar import shall be permitted and regulated as follows:
Q.
Signs in parking and loading areas. No sign other than entrance, exit, identification and condition of use signs shall be maintained in any parking area, regulated as follows:
1.
Signs in parking and loading areas on same lot as principal use. The Board of Adjustment or Planning Board, as the case may be, shall decide on the necessity for such signs and the number required. No such sign shall be larger than 1 1/2 square feet in area.
2.
Remote parking area signs. On private parking lots or private parking facilities which are not adjacent to the non-residential use which they serve, one freestanding sign for each entrance to the separate parking lot or parking facility shall be permitted. The purpose of this sign shall be to announce that the parking lot or parking facility is available for use by the patrons or employees of the non-residential use. This section shall not apply to municipal parking lots, which shall have their signage designed by the municipal authority responsible for their operation and approved by the Westfield Town Council Parking Committee. The following regulations shall apply:
R.
Temporary signs. In addition to any other permitted signs, the following temporary signs shall be permitted as regulated below:
1.
Real estate signs. In all zone districts, one sign shall be permitted announcing that the premises on which it is located is available for sale or rental, subject to the following requirements:
a.
The sign shall be located only in the front yard.
b.
The sign shall be located at least 20 feet from the curb line on a street with curbs, or from the edge of the pavement, gravel or dirt shoulder where it abuts grass or other vegetation on streets without curbs. On premises in which the principal building is set back less than or equal to such twenty foot requirement, the sign shall be either affixed to the building or erected within six inches of the front of the building.
c.
The area of the sign shall not exceed four square feet.
d.
The height of the sign shall not exceed three feet.
e.
The sign shall not be illuminated in any manner.
f.
The sign and its supports shall be constructed exclusively of wood, metal or plastic.
g.
The sign shall not remain on the premises after the property is sold. For the purposes of administering this provision, the premises shall be deemed to be sold when a contract has been signed and the property withdrawn from the market.
h.
Signs announcing that the property has been sold, rented or otherwise withdrawn from the market are prohibited.
i.
One sign announcing an "open house" may also be placed in the front yard of the property, but only on the day that such open house is being conducted, and only during daylight hours. Such sign may be displayed on the premises only once in any seven-day period. Such sign shall not exceed four square feet in area. The top of such sign shall be no higher than three feet above the surface of the ground, and shall be displayed with the face parallel to the roadway upon which the property fronts.
2.
Signs for public events and public holidays. Temporary placard signs for special events sponsored by the Mayor and Council or sponsored by a non-profit or charitable organization shall be permitted. Banners shall be prohibited, except when erected by the Town or authorized by the Mayor and Council.
3.
Signs for private sales events, grand openings, going out of business, and similar events. In conjunction with a lawful permitted non-residential use, the following temporary signs shall be permitted as regulated below:
a.
Signs displayed on the interior of windows to give notice of sales or special functions.
(1)
Such signs shall be permitted up to one week before the event and during the event; provided, however, that in no case shall the sign be displayed for a period exceeding 30 days.
(2)
No more than 30% of the total area of the window on which such signs are displayed shall be covered.
(3)
Such signs shall not be illuminated.
b.
Signs displayed on the exterior of a building for purposes of announcing of a new business or tenant.
(1)
Such signs may include up to two strings of pennants, one "grand opening" or similar sign, and up to two balloon clusters.
(2)
Such signs shall not be illuminated.
(3)
Such signs may be displayed for a period of no more than 30 days, beginning no sooner than the first day the establishment is open for business and ending no later than 30 days thereafter.
(4)
A permit shall be required from the Zoning Officer stating the nature and location of the sign(s), and the time period within which the sign(s) may be displayed.
(5)
Such signs shall be removed at the end date of the time period as stated in the required permit.
4.
Construction signs. Notwithstanding the provisions in Section 16.04R.1, an additional, non-illuminated sign on each lot shall be permitted on the premises on which a building is being constructed, altered or repaired during the period such construction, alteration or repair is ongoing, subject to the following requirements:
a.
Such sign may be affixed to a building, freestanding, or mounted on a construction fence; however, freestanding signs shall be set back at least 10 feet from any property line.
b.
In the RS-40, RS-24, RS-16, RS-12, RS-10, RS-8, RS-6, RM-12, RM-8, RM-6, RM-6D, P-1, and P-2 zone districts, the area of the sign shall not exceed nine square feet and the height of the sign shall not exceed eight feet.
c.
In multi-family zone districts, and the C, CBD, GB-1, GB-2, GB-3, O-1, and O-2 zone districts, the area of the sign shall not exceed 40 square feet and shall not exceed the height of the structure on which it is mounted, except that the height of a freestanding sign shall not exceed eight feet.
5.
Residential subdivision signs. In any residential zone district, one sign shall be permitted identifying a residential development which has been approved by the Town Planning Board, subject to the following:
a.
The sign shall be freestanding and shall contain a message on only one side.
b.
The sign shall not exceed 24 square feet in area.
c.
The sign shall be set back at least 10 feet from the street sideline and shall be erected parallel to the roadway on which the property fronts.
d.
The sign shall be removed after a certificate of occupancy has been issued for the final dwelling in the development.
6.
Removal of temporary signs. Any authorized person enforcing this ordinance who has probable cause to believe that a temporary sign has been erected or displayed in violation of this section may remove such sign to a suitable location under the control of the Town. The rightful owner of such sign may reclaim the sign upon the payment of a fee of $10 to defray the cost of removing and storing the sign. Such fee shall be refunded to such person if, after trial in Municipal Court, it is determined that no violation of the ordinance occurred. This remedy shall be in addition to and not in substitution of any other penalty provided for violation of the Land Use Ordinance of the Town of Westfield upon conviction in Municipal Court.
S.
Identification and business signs on trucks and other vehicles.
1.
Identification signs. Signs on trucks and other vehicles that display only a name and telephone number are permitted.
2.
Business signs. Signs which include mention of a profession, business, trade, product, service, or other reference to a specific activity or use, may be displayed on trucks and other vehicles providing that, in all zones, vehicles displaying such business signs must be parked or stored in a building, or in the rear yard only in a defined driveway or parking area, and further providing that such outdoor storage or parking is not otherwise prohibited.
T.
Restaurant menu signs. Full service restaurants (i.e., businesses selling cooked food for on-premises consumption and having more than 15 seats for customers) may display their menu in a glass front case attached to the exterior of the wall near one main public entrance. The area of such menu sign case shall not exceed three square feet, and no dimension shall exceed two feet.
§ 16.05 Removal of signs required for change or termination of occupancy.
Whenever there is a change or termination of occupancy of a building or premises, the message on the sign or signs which identify or advertise an individual, business, service, product or other item that is no longer present or available in the building or on the premises shall be removed. The manner of removal pursuant to this section shall be as follows:
A.
In the case of a sign with a painted message, the sign message shall be painted over to match the background.
B.
In the case of a sign with a removable message, the message shall be removed.
C.
In the case of a sign where the message is contained on a panel that is inserted into the sign frame or structure, the message panel shall be replaced with a blank panel.
D.
In the case of a sign where the message can not be removed without also removing the sign structure, the structure shall be removed unless the owner demonstrates to the Zoning Officer that the sign message could reasonably apply to the next occupant of the building or premises. Subsequently, if such sign message does not accurately identify or advertise the next occupant of the building or premises, or any product, service or other item available at the premises, the sign structure shall be removed prior to the issuance of a certificate of occupancy for said occupant.
E.
In other cases not specified herein, the Zoning Officer shall make the determination as to the manner of removal of the sign message.
§ 16.06 Lawful pre-existing nonconforming signs.
The following provisions shall apply to any sign which was lawful prior to the adoption, revision or amendment of the Land Use Ordinance, but which fails to conform to the requirements of the Land Use Ordinance by reasons of such adoption, revision or amendment:
A.
Routine maintenance. Routine maintenance for any nonconforming sign shall be permitted, provided that such maintenance shall comply with the provisions of Paragraphs B., C. and D. below. The term "routine maintenance" is intended to include such activities as cleaning, replacement of light bulbs, removal of rust and corrosion, and repainting.
B.
Restoration or repair of partial destruction. Any nonconforming sign existing at the time of the passage of this chapter or any amendment thereto may be continued upon the lot so occupied and any such sign may be restored or repaired in the event of partial destruction thereof.
C.
Effect of removal. Nothing contained herein shall be construed to prohibit the removal and subsequent reinstallation of a nonconforming sign for purposes of maintenance, restoration, repair or permitted alteration.
D.
Alterations. The following provisions shall regulate alterations of nonconforming signs:
1.
Alteration of nonconforming sign use. Any sign which is nonconforming because of use shall not be enlarged, extended, relocated or altered in any manner.
2.
Alteration of nonconforming sign structure or sign message. A nonconforming sign structure or sign message may be altered only if such alteration reduces the extent of nonconformity or changes the sign message to a conforming sign message, as applicable.
E.
Reversion to nonconforming sign prohibited. A sign which is a nonconforming use and which is changed to a conforming use may not thereafter be changed back to a nonconforming use. A nonconforming sign structure and/or message which is changed to a conforming or less nonconforming structure and/or message, may not thereafter be changed back to a nonconforming or more nonconforming structure and/or message.
§ 16.07 Prohibited signs and sign activities.
The following signs and activities shall be prohibited throughout the Town of Westfield, unless otherwise permitted by this article in specific circumstances:
A.
Any sign which is a principal use on the lot, including but not limited to billboards;
B.
Signs which are not associated with and accessory to the use on the same lot, including but not limited to billboards;
C.
The parking or storage of a motor vehicle or other mobile unit displaying a sign or signs so as to be visible from the public right-of-way or abutting residential zone district;
D.
Flashing, fluttering, animated, moving, vibrating, sequential, tracer, rotating or revolving signs, except for barber poles;
E.
Signs attached to public buildings (except for official signs of the governmental entities using such buildings), sidewalks, curbs, traffic signs, trees, fences, retaining walls, freestanding walls, utility poles, and other poles or posts which are not designed or intended specifically and primarily for the support of such signs;
F.
Signs on railroad or vehicular overpasses, except for official railroad or traffic signs;
G.
Signs which confuse or dangerously distract the attention of the operator of a motor vehicle, including, but not limited to, signs visible from the street using the words "stop", "danger" or any other word, phrase, symbol, character, shape or color with the effect of simulating public safety warning or traffic signs;
H.
Signs which simulate official, directional or warning signs erected or maintained by the Federal government, the State of New Jersey, any county or municipality thereof, or by any railroad, public utility or similar agency concerned with the public health, safety and welfare;
I.
Signs, illustrations or symbols placed so as to interfere with the opening of an exit door of any building, to obstruct any window opening of a room in a dwelling, to interfere with the use of any fire escape or to create a hazard to pedestrians.
J.
Signs in a series which carry a single message, part of which is contained on each sign;
K.
Signs placed, inscribed or supported upon any roof, including the lower slope of a mansard roof, or upon any structure in a manner so that the sign extends above the lowest portion of the roof of the structure on the same side of the building; and
L.
The use of flags, banners, bunting, pennants, streamers, balloons, multiple lights or similar devices or displays, either strung together or hung separately;
M.
Any sign which falsely identifies the premises or occupant of any premises or building, or which falsely advertises for sale on any premises or in any building any product or service not available therein;
N.
Any sign accessory to a home occupation;
O.
Signs containing obscene, pornographic or lewd messages; and,
P.
Exterior signs, as defined by Article 2, utilizing ionized inert gas sign lighting, commonly called "neon", when the neon tube is visible. Included within the foregoing prohibition shall be window surrounds and similar use of inert gas illumination with or without a distinct message. The foregoing shall not be construed to prohibit "halo" signs, utilizing a hidden neon tube to illuminate only the wall or other background to the sign message, but not the face of the sign message.