Township of Harding, NJ Article XXIII Signs

§ 225-117 Illuminated signs.

[Amended 12-9-1996 by Ord. No. 8-96]

A. Illuminated signs, wherever permitted, shall not be illuminated by means of any flashing, occulting or moving light, nor shall any sign be erected which either mechanically, by shimmering or any other means, gives the appearance of a flashing, occulting or moving light. Unless stipulated as nonilluminated, all signs permitted in this chapter may be illuminated in accordance with the standards set forth in this subsection.

B. No internally illuminated signs shall be permitted in any zoning district. Illumination shall be from an indirect source only, such as a spotlight or by means of backlighting. Backlighted signs shall be constructed so that the lighting itself is not directly visible and so that it shines upon the building at a level sufficient only to display the sign's features. Any lighting fixtures mounted on the sign or in the vicinity thereof for such purposes shall be installed so as to be shielded or unobtrusive to avoid glare and/or hazards to pedestrians and motorists.

C. No sign shall contain or be illuminated by the use of neon tubes except as necessary for backlighted signs and, in any event, no neon tubes shall be visible.

D. Any illuminated sign shall be designed and installed such that the light produced shines only upon the premises where they are located; exterior lighting shall be shielded where necessary to avoid glare or other hazards to motorists, pedestrians or adjoining properties. To the extent feasible, exterior sign lighting shall be directed so that such illumination is confined primarily to the sign features and not portions of the building facade unrelated to the sign.

E. For all nonresidential uses, regardless of the zoning district in which the property is situated, sign illumination shall be limited to the hours of operation of the business or use of the property, or shall be terminated by 10:00 p.m., whichever is later.

§ 225-118 Prohibited sign features.

No sign shall contain features which:

A. Purport to be or resemble official traffic signs or signals or which bear the words "stop," "go slow," "caution," "danger," "warning" or similar words; or which by reason of size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control device; or which obstruct from view any pedestrian or vehicular traffic or any street sign or signal.

B. Advertise or publicize an activity, use, business, product, real estate or service not located or conducted on the premises upon which such signs are located except for real estate open house directional signs.

C. Emit smoke, visible vapor, particles, sound or odor or use exposed incandescent bulbs or neon tubes or use mirrors or other similar reflecting devices as further stipulated in § 225-117 above.

D. Are located in a public right-of-way or approved sight easement except as may be approved by the Board of Adjustment or Planning Board or a subcommittee thereof having site plan approval powers.

E. Consist of banners, posters, flags (except United States flags), pennants, ribbons, streamers, strings of light bulbs (except seasonal decorations) and spinners.

F. Are portable or temporary, such as sandwich boards or signs fixed on a movable stand, not permanently embedded in the ground or supported by other objects, mounted on wheels or on a movable vehicle or temporary structure, except for real estate open house directional signs. No motor vehicle of any type shall be parked on any property so as to be construed as an advertisement of the business of said premises.

G. Are located, painted on or affixed to trees, benches, water towers, storage tanks, smokestacks, utility poles or other similar structures.

[Amended 10-16-2002 by Ord. No. 13-02]

H. Are placed on a flat roof or above the roof peak of a building or structure or project from the facade of a structure as an overhang. Facade signs shall not protrude from the building wall more than one foot.

I. Are attached to or placed on merchandise or materials stored or displayed outdoors and visible from a public street or other public area.

J. Contain changeable copy, except business directories, churches, schools, public buildings, museum signs, gas price signs and except as provided in § 225-120C(2)(g).

[Amended 12-10-1990 by Ord. No. 13-90]

§ 225-119 Special sign requirements.

A. Measurement of sign area.

(1) The square footage of a sign consists of the space within a single continuous perimeter enclosing the limits of such sign. Such perimeter shall not include any structural framing elements lying outside the limits of such sign and not forming an integral part of the display. Structural framing or supports for signs shall only be as large as is necessary to support the sign.

(2) Cutout letters, numbers, and logos or other sign features supported independently on a facade sign shall be measured by the smallest rectangle which encompasses all of the letters, numbers, logos or other sign features.

(3) Freestanding, hanging, facade or window signs which have no background shall be measured by the smallest rectangle which encompasses the total display, exclusive of any supporting members used solely for such purpose.

(4) Signs consisting of opaque or translucent backgrounds and having cutout displays shall be measured by the outside dimensions of the background.

(5) Freestanding signs carrying the same message on two sides shall be considered a single sign, provided that the two sides are parallel and of the same size. In the case of multifaceted signs, the area shall cumulatively include all the faces of the sign.

B. Notwithstanding any other provision herein, no facade or building-mounted sign on a building intended for a single tenant shall be of such width so as to exceed 25% of the width of the building facade upon which it is located.

C. The construction materials of signs erected or constructed for nonresidential uses shall be chosen to complement the architecture and building materials of the building on which it is located or to which it is related, as well as the surrounding buildings.

D. Termination of use. At the termination of any nonresidential use for which a sign(s) has been erected or constructed on the premises, the permission to display such sign(s) associated with such use shall terminate. Signs shall be removed from any location where the sign no longer relates to an activity conducted on the premises by the property owner and at the owner's expense within 30 days following the termination of use of the property. In the event that the sign is not removed within said 30 days, the Township may remove the sign at the expense of the property owner and for this amount the Township shall have a lien in the amount of the removal cost.

E. Construction signs. One temporary nonilluminated sign is permitted identifying the name of the property owners and/or the block and lot identifying the property where construction, alteration or the repair of buildings and/or accessory structures is taking place. The area of the sign shall not exceed two square feet (288 square inches) and the maximum height (to the top of the sign) shall not exceed four feet above ground level. No sign shall be located closer than eight feet from the roadway pavement. All such signs shall be removed upon completion of work. A permit shall be obtained from the Construction Official prior to installation of any construction sign.

[Amended 10-16-2002 by Ord. No. 13-02]

F. Real estate signs.

(1) Temporary nonilluminated signs advertising the sale, rental or leasing of the premises on which they are located shall be permitted, provided that such signs shall be removed within 30 days of the closing of the sale of the premises or execution of a lease agreement, as the case may be, and further provided that the size and number of all such signs shall comply with the limitations specified below:

(a) In the R-1, RR, R-2, R-3 and R-4 Zones, no sign shall exceed five square feet and no sign shall be installed so as to exceed a maximum height (to the top of the sign) of three feet above ground level. Only one sign per lot shall be permitted, except that in the case of a lot served by a common or shared driveway or unnamed private road serving more than one dwelling, one sign may be placed at the driveway or road entrance and one additional sign may be placed at the property for sale.

[Amended 12-9-1996 by Ord. No. 8-96; 10-16-2002 by Ord. No. 13-02; 11-3-2004 by Ord. No. 22-04]

(b) In the B-1 Zone, no sign shall exceed six square feet. Only one sign per lot shall be permitted.

(c) In the B-2 and OB Zones, no sign shall exceed eight square feet. Only one sign per each unrelated business entity shall be permitted, provided that the combination of all such signs shall not exceed 24 square feet.[1]

[1] Editor's Note: Original Subsection F(1)(d), regarding signs in the F, R and C Zones, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(d) In the PRN-RC Zone, no sign shall exceed five square feet. Only one sign per lot or unit shall be permitted, except that, if a lot or unit does not front on a public road, one such additional sign may be located at the main entrance of the development. The installation of signs shall be governed by the bylaws of any homeowners' association, if stricter than these standards. On vacant land or in new developments, one sign advertising the sale or lease of the premises on which it is located shall be permitted, not to exceed 12 square feet in area. Such a sign shall be no closer than eight feet from the edge of the roadway pavement.

(2) No person shall display a real estate "for sale" or "for lease" sign to be used in connection with nonresidential property unless such person shall have first obtained a permit therefor from the Construction Official. A permit is not required to display a "for sale" or "for lease" sign in connection with residential property.

(3) Open house signs. One separate, temporary, nonilluminated sign advertising an open house event for the sale or lease of real estate may be placed on the subject premises in addition to any real estate sign already situated thereon, provided that said sign is situated on the property no more than two days prior to the planned open house event, and provided further that said sign is removed immediately thereafter (not later than 6:00 p.m.). All such signs shall not exceed five square feet in area. Directional signs may only be installed on the same day as the event and must be removed immediately thereafter (not later than 6:00 p.m.). The placement of signs hereunder shall be governed by the bylaws of any homeowners' association if stricter than these standards.

G. Notwithstanding the provisions of this chapter, the Planning Board or Board of Adjustment may require the installation of additional traffic and/or public safety signs pursuant to the powers of site plan and subdivision approval and/or in conjunction with the review and approval authority of the County of Morris and the New Jersey Department of Transportation.[2]

[2] Editor's Note: Original Subsection H, providing real estate sign penalties, which followed this subsection, is now located at § 225-3I.

§ 225-120 Sign limitations by zone district.

In addition to the other provisions of this article, the following regulations shall apply to the installation of signs in each respective zone:

A. R-1, RR, R-2, R-3 and R-4 Residence Zones.

[Amended 12-9-1996 by Ord. No. 8-96; 11-3-2004 by Ord. No. 22-04]

(1) One identification sign per lot shall be permitted not exceeding two square feet in area, upon which may be displayed the name of the occupant(s) of the premises, the street number and the name by which the premises are designated, but such sign shall contain no advertising. A sign identifying a farm or the sale of farm products grown on the premises may exceed two square feet, but in no event shall it exceed four square feet, and only one such sign shall be permitted per lot in lieu of the sign specified in the first sentence of this subsection.

(2) No internally illuminated signs shall be permitted, whether temporary or permanent. Illumination shall be from an indirect source only. Any lighting fixtures mounted on a sign or in the vicinity thereof for such purposes shall be installed so as to be shielded or unobtrusive to avoid glare and/or hazards to pedestrians and motorists.

(3) No signs other than those hereinabove specified shall be permitted.

(4) No permit shall be required for the installation of any signs in accordance with residential uses within these zones.

B. B-1 Business Zone.

(1) For residential uses, signs may be erected on the premises in accordance with the regulations in Subsection A above.

(2) For business uses, one identification sign per lot shall be permitted, not exceeding 10 square feet in area, upon which may be displayed the name of the business, building or other name by which the premises are designated, but such sign shall contain no advertising. If such sign is freestanding, it shall be located no closer than five feet from the edge of the pavement of the roadway, but in no event may any such sign be located within the public right-of-way. Any such sign shall be constructed so that no portion of the sign exceeds a height of five feet above ground level.

(3) In addition to the above, each separate business within a building may display one sign, not to exceed two square feet, identifying the business, number or street, but such sign shall contain no advertising. Such sign shall be affixed to the principal building in which the business is located. For businesses located wholly above the first floor, two such signs may be displayed, one at the first floor level of the building and one at the entrance to the business above the first floor.

(4) No sign affixed to a building shall project above or to the sides of a building, as any form of overhang.

(5) No internally illuminated signs shall be permitted, whether temporary or permanent. Illumination shall be from an indirect source only. Any lighting fixtures mounted on a sign or in the vicinity thereof for such purposes shall be installed so as to be shielded or unobtrusive to avoid glare and/or hazards to pedestrians and motorists.

[Amended 12-9-1996 by Ord. No. 8-96]

(6) A permit shall be obtained for any business sign from the Construction Officer.

(7) No sign shall be painted directly on a wall and no sign shall be permitted in any window area within the B-1 Zone, except that the hours of operation and credit card acceptance decals may be attached or adjacent to the principal doorway of a business if, in total, they do not exceed 1 1/2 square feet.

(8) No signs other than those hereinabove specified shall be permitted.

C. B-2 Business Zone.

(1) For residential uses, signs may be erected on the premises in accordance with the regulations in Subsection A above.

(2) For business signs, whether erected on a lot or structure or affixed or painted on a building wall, the following requirements shall apply, and a sign permit shall be obtained from the Construction Officer:

(a) On a lot with one business, there shall be permitted one freestanding double-faced sign not in excess of 16 square feet or not more than two individual signs (affixed to the building) which shall not in the aggregate exceed 24 square feet.

[Amended 12-9-1996 by Ord. No. 8-96]

(b) On a lot with multiple businesses, there shall be permitted one freestanding double-faced sign not in excess of 16 square feet, limited to an overall height of eight feet, on which may be listed a directory of all the businesses situated on said lot, and not more than two individual signs for each separate business or proprietorship (affixed to the building in which such business or proprietorship is located) containing the name of such business or proprietorship, which shall not in the aggregate exceed 12 square feet.

[Amended 5-21-2003 by Ord. No. 10-03]

(c) All signs shall refer only to uses on the premises, shall be no closer than five feet from the edge of the pavement of the roadway (but in no event may any such sign be located within the public right-of-way) and shall not create a traffic hazard. Sign structures shall not extend higher than the principal building on the premises. Sign lighting shall not be of the flashing, occulting or moving type, shall not create glare and shall be only white in color.

(d) Each parking area shall be permitted one entrance sign, one exit sign and one sign indicating the parking area for each business or proprietorship, each of which shall be unlighted and not in excess of three square feet in area.

[Amended 12-9-1991 by Ord. No. 8-91]

(e) Each business or proprietorship shall be permitted three additional signs attached to the building, each of which shall be unlighted for the purpose of describing the goods or services sold by said business or proprietorship, and shall not exceed four square feet in area.

(f) Each business or proprietorship shall be permitted one unlighted sign attached or adjacent to the principal doorway of said business or proprietorship for the purpose of specifying the business hours of said business or proprietorship and credit card information, which shall not be in excess of three square feet in area.

(g) In addition to the sign(s) permitted pursuant to Subsection C(2)(a) of this section, above, one additional unlighted freestanding double-faced sign shall be permitted per lot, whether such lot contains one business or multiple businesses. Such sign shall not exceed five square feet in area, nor shall it be installed so as to exceed five feet in height from ground level unless topographic conditions, as determined by the Construction Official, would preclude its visibility. In such instances, the maximum height shall be 10 feet above ground level at the installation point. Such sign may contain interchangeable elements or changeable copy and shall otherwise comply with all of the provisions of this Part 3, Zoning.

[Added 12-10-1990 by Ord. No. 13-90]

(h) No signs other than those hereinabove specified shall be permitted.

D. OB Office Building Zone.

(1) For residential uses, signs may be erected on the premises in accordance with the regulations in Subsection A of this section, above.

(2) For office and business uses, signs may be erected on the premises in accordance with the regulations in Subsection C of this section, above.

E. AH Affordable Housing Zone. One double-faced ground-mounted freestanding sign not to exceed 16 square feet per side shall be permitted to identify the development. Illumination shall be from ground-mounted lights only. Additional nonilluminated signs may be erected on the site as needed to identify development facilities, building and/or unit locations, parking restrictions, and traffic circulation.

[Added 4-20-2005 by Ord. No. 5-05[1]]

[1] Editor's Note: This ordinance also repealed former Subsection E, regulating signs in the F, R and C Farm, Recreation and Conservation Zone.

F. PL Public Land Zone. All signs erected or installed in this zone shall comply with Subsection A of this section, above, except that a permit shall first be obtained from the Construction Officer.

G. PRN-RC Planned Residential Neighborhood Residential Cluster Zone.

(1) Signs shall not be in the road right-of-way or obstruct sight distance on a road or driveway.

(2) For single-family detached dwelling units, signs may be installed in accordance with the requirements of the R-1, RR, R-2, R-3 and R-4 Residence Zones.

[Amended 11-3-2004 by Ord. No. 22-04]

(3) For units within a planned residential neighborhood or residential cluster, each tenant and/or owner shall be permitted either one identification sign not exceeding two square feet in area or such signs as are allowed pursuant to the planned residential neighborhood regulations, if any, whichever is more restrictive. Shielded illumination is permitted for such signs, but such illumination may not exceed 25 watts.

[Amended 8-10-1992 by Ord. No. 4-92]

(4) No signs other than those hereinabove specified shall be permitted.

H. Conditional uses. Signs for conditional uses shall conform to the applicable requirements of this article except as may be specifically provided for conditional uses.