[Added 5-6-2008 by Ord. No. 5-2008[1]]
[1]
Editor's Note: This ordinance also repealed
former Article XI, Signs, and former Article XII, Temporary Signs,
which were added 7-10-2006 by Ord. No. 11-2006.
This article shall be known as the "Sign Regulations
of the Township of East Hanover, Morris County, New Jersey."
It is the purpose of this article to promote
the public health, safety and general welfare through reasonable,
consistent and nondiscriminatory sign standards. The sign regulations
in this article are not intended to censor speech or to regulate viewpoints,
but instead are intended to regulate the secondary effects of speech,
and especially insofar as those secondary effects may adversely affect
aesthetics and traffic and pedestrian safety. In order to preserve
and enhance the Township as a desirable community in which to live
and do business, a pleasing, visually attractive environment is of
foremost importance. The regulation of signs within the Township is
a highly contributive means by which to achieve this desired end.
These sign regulations have been prepared with the intent of enhancing
the visual environment of the Township and promoting its continued
well-being, and are intended to:
A.Â
Encourage the effective use of signs as a means of
communication in the Township;
B.Â
Maintain and enhance the aesthetic environment and
the Township's ability to attract sources of economic development
and growth;
C.Â
Improve pedestrian and traffic safety;
D.Â
Minimize the possible adverse affect of signs on nearby
public and private property;
E.Â
Foster the integration of signage with architectural
and landscape designs;
F.Â
Lessen the visual clutter that may otherwise be caused
by the proliferation, improper placement, illumination, animation,
excessive height, and excessive size (area) of signs which compete
for the attention of pedestrian and vehicular traffic;
G.Â
Allow signs that are compatible with their surroundings
and aid orientation, while precluding the placement of signs that
contribute to sign clutter or that conceal or obstruct adjacent land
uses or signs;
H.Â
Encourage and allow signs that are appropriate to
the zoning district in which they are located and consistent with
the category of use and function to which they pertain;
I.Â
Curtail the size and number of signs and sign messages
to the minimum reasonably necessary to identify a residential or business
location and the nature of any such business;
J.Â
Establish sign size in relationship to the scale of
the lot and building on which the sign is to be placed or to which
it pertains;
K.Â
Categorize signs based upon the function that they
serve and tailor the regulation of signs based upon their function;
L.Â
Preclude signs from conflicting with the principal
permitted use of the site and adjoining sites;
M.Â
Regulate signs in a manner so as to not interfere
with, obstruct the vision of or distract motorists, bicyclists or
pedestrians;
N.Â
Except to the extent expressly preempted by state
or federal law, ensure that signs are constructed, installed and maintained
in a safe and satisfactory manner, and protect the public from unsafe
signs;
O.Â
Preserve, conserve, protect, and enhance the aesthetic
quality and scenic beauty of all districts of the Township;
P.Â
Allow for traffic control devices consistent with
national standards and whose purpose is to promote highway safety
and efficiency by providing for the orderly movement of road users
on streets and highways, and that notify road users of regulations
and provide warning and guidance needed for the safe, uniform and
efficient operation of all elements of the traffic stream;
Q.Â
Protect property values by precluding to the maximum
extent possible sign types that create a nuisance to the occupancy
or use of other properties as a result of their size, height, illumination,
brightness, or movement;
R.Â
Protect property values by ensuring that sign types,
as well as the number of signs, are in harmony with buildings, neighborhoods,
and conforming signs in the area;
S.Â
Regulate the appearance and design of signs in a manner
that promotes and enhances the beautification of the Township and
that complements the natural surroundings in recognition of the Township's
reliance on its natural surroundings and beautification efforts in
retaining economic advantage for the community;
T.Â
Preserve and enhance the rural and historic character
of the Township; and
U.Â
Enable the fair and consistent enforcement of these
sign regulations.
All words used in this article shall carry their
customary dictionary meanings, except that the following words, terms
and phrases, when used in this article, shall have the meanings ascribed
to them in this article, except where the context clearly indicates
a different meaning:
A sign or sign structure is considered abandoned or discontinued
when its owner fails to operate or maintain a sign for a period of
six months or longer. The following conditions shall be considered
as the failure to operate or maintain a sign:
Sign copy intended to aid, directly or indirectly, in the
sale, use or promotion of a product, commodity, service, activity,
entertainment, or real or personal property.
A sign in a district with a permitted agricultural use and
whose function is exclusively for advertising for the normal, incidental
and customary sale of products, produce or livestock raised on the
premises.
A sign which includes action, motion, or color changes, or
the optical illusion of action, motion, or color changes, including
signs set in motion by movement of the atmosphere, or made up of a
series of sections that turn.
A two- or three-dimensional representation of a creative
idea that is expressed in a form and manner as to provide aesthetic
enjoyment for the viewer rather than to specifically convey the name
of the business or a commercial message about the products or services
offered on the property upon which the artwork is displayed.
See "canopy sign."
See "snipe sign."
Any sign or string of one or more signs, usually made of
cloth or other lightweight material, which is used to attract attention,
whether or not imprinted with words or characters, including but not
limited to balloons and pennants. Flags shall not be considered banners.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which has
the effect of attracting or diverting attention, except, however,
this term does not include any kind of lighting device which is required
or necessary under the safety regulations of the Federal Aviation
Administration or other similar agency. This definition does apply
to any similar type of lighting device contained entirely within a
structure and which does not project light to the exterior of the
structure.
A sign structure and/or sign utilized for advertising an
establishment, an activity, a product, service or entertainment which
is sold, produced, manufactured, available or furnished at a place
other than on the property on which said sign structure and/or sign
is located.
The length of the single face of a building or that portion
of a building occupied by a single office, business or enterprise,
commonly referred to as "storefront," which is abutting a street,
parking area, or other means of customer access such as an arcade,
a mall or a walkway. The building frontage for a side facade shall
be the length of the single face of a side of a building or that portion
of a side of a building occupied by a single office, business or enterprise.
Any sign that is a part of or attached to an awning or canopy,
i.e., a fabric, plastic, or structural protective cover constructed
over a door, entrance, window, or outdoor service area that is constructed
as an integral part of a building.
Any sign wording, logo, or other representation or image
that directly or indirectly names, advertises, or calls attention
to a product, service, sale or sales event or other commercial activity.
A temporary on-premises sign identifying the ongoing construction
activity during the time that a building permit is active and prior
to completion of the work for which the permit was issued, containing
sign copy that is limited to the ongoing construction activity and
identifying the contractor and/or any subcontractor engaged to perform
construction activity on the site.
The linguistic or graphic content of a sign.
A sign that uses high intensity displays (HID), fluorescent
lights, incandescent lights, liquid crystal display (LCD), light-emitting
diode (LED), or a projection screen to display graphics, videos, forms,
text, etc.
[Added 12-6-2021 by Ord. No. 11-2021]
A single sign with items of information on both sides of
the sign and mounted as a single structure.
A temporary sign erected or displayed for the purpose of
expressing support for or opposition to a candidate or stating a position
regarding an issue upon which the voters of the Township shall vote.
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw, or in any other way bring into being or establish;
but it does not include any of the foregoing activities when performed
as an incident to the change of advertising message or customary maintenance
or repair of a sign.
The side of a building, either front or side; and a building
facade may be less than the entire side of a building if limited to
the occupancy of a portion of a building.
Any fabric, or bunting containing distinct colors, patterns
or symbols, used as an ornamental flag or as a symbol of government,
political subdivision, corporation or business or other entity. (See
also "ornamental flag.")
A pole on which to raise a flag.
A sign which permits light to be turned on or off intermittently
more frequently than once per minute or any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light-emitting diode) or digital sign and changes more frequently
than once per minute.
A sign, not in excess of three square feet in size (area)
per side and the top of the sign is not more than six feet off the
ground, communicating information or views on matters of public policy
concern or containing any other noncommercial message, that is otherwise
lawful.
A sign supported by structures or supports that are placed
on or anchored in the ground or at ground level and which are independent
of any building or other structure. Unless otherwise limited or restricted,
a freestanding sign may be either a freestanding monument sign or
a freestanding pole sign.
The length of the property line of a parcel of land which
runs parallel with and along a road right-of-way or street, exclusive
of alleyways.
A sign that functions to advertise the future or proposed
development of the premises upon which the sign is erected.
Any on-site temporary sign pertaining to the sale of personal
property in, at or upon any residentially zoned property located in
the Township. Garage or yard sales shall include but not be limited
to all such sales, and shall include the advertising of the holding
of any such sale, or the offering to make any sale, whether made under
any name such as garage sale, lawn sale, yard sale, front yard sale,
back yard sale, home sale, attic sale, rummage sale, patio sale, flea
market sale, or any similar designation.
An on-premises temporary sign that functions to announce
the opening of a new business.
The vertical distance measured from ground level nearest
the base of the sign to the highest point on the sign.
Decorations that pertain to legal or other recognized holidays
or to a season of the year.
Any sign which was unlawfully erected or which has been determined
to be in violation of any provision of this article.
Any sign or portion thereof which is illuminated by artificial
light, either from an interior or exterior source, including outline,
reflective or phosphorescent light, whether or not the source of light
is directly affixed as part of the sign.
A sign not exceeding one square foot in size attached to
a freestanding sign or affixed to a wall that either identifies credit
cards accepted by the owner, tenant, or occupant of the parcel where
the incidental sign is located; or provides an official notice of
services required by law or trade affiliation.
A sign which permits light to be turned on or off intermittently
more frequently than once every 12 hours or which is operated in a
way whereby light is turned on or off intermittently more frequently
than once every 12 hours, including any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light-emitting diode) or digital sign, and which varies in intensity
or color more frequently than once every 12 hours.
Replacing, repairing or repainting of a portion of a sign
structure, or periodically changing changeable copy or renewing copy,
which has been made unusable by ordinary wear.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Any sign attached to a marquee.
A sign indicating the name and/or profession or address of
a person or persons residing on the premises or legally occupying
the premises.
Any message which is not a commercial message.
An on-site sign providing direction or information to pedestrian
or vehicular traffic that is related or reasonably necessary to the
movement of pedestrian or vehicular traffic on the premises, and not
displaying a commercial message (e.g., "entrance," "exit," "caution,"
"no parking," "one way only," "no trespassing," and the like).
A sign that was lawfully erected but no longer conforms to
the regulations provided in this article.
Any sign relating in its subject matter to commodities, accommodations,
services or activities on a premises other than the premises on which
the sign is located.
Any sign relating in its subject matter to the commodities,
accommodations, service or activities on the premises on which the
sign is located.
Any fabric or similar material containing patterns, drawings
or symbols used for decorative purposes and designed to be flown as
a flag.
A false front or wall extension above the roofline of a building.
Any series of small flag-like or streamer-like pieces of
cloth, plastic, paper or similar material attached in a row to any
staff, cord, building, or at only one or two edges, the remainder
hanging loosely.
Any sign which, when installed, is intended for permanent
use. For the purposes of this article, any sign with an intended use
in excess of 12 months from the date of installation shall be deemed
a permanent sign.
Any sign, banner, or poster that is not permanently attached
to the ground or structure. For purposes of this article, a cold-air
inflatable sign shall be considered a portable sign.
Any sign affixed perpendicularly to a building or wall in
such a manner that its leading edge extends more than 12 inches beyond
the surface of such building or wall.
A sign advertising the sale, rental or lease of the premises
or part of the premises on which the sign is displayed temporarily.
Any sign that revolves or rotates.
Any sign erected and constructed wholly on or over the roof
of a building, which is supported by the roof structure, or any sign
that extends in whole or in part above the roofline of a building.
For purposes of this definition, "roofline" shall mean the highest
continuous horizontal line of a roof. On a sloping roof, the roofline
is the principal ridgeline or the highest line common to one or more
principal slopes of a roof. On a flat roof, the roofline is the highest
continuous line of a roof or parapet, whichever is higher.
See "warning sign."
A temporary portable double-faced, freestanding sign.
A triangular-shaped portion of land established at street
intersections or street and driveway intersections in which nothing
is erected, or allowed to grow in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
In the absence of any other applicable standard:
For street intersections, this triangle is measured
30 feet in length from the intersection along the abutting right-of-way
lines to form a triangle, although these distances may vary based
on the type of intersecting road; and
For driveway intersections, this triangle is
measured 10 feet from the intersection along the right-of-way line
and along the driveway line to form a triangle.
Any device, fixture, placard or structure which uses color,
form, graphics, illumination, architectural style or design with text,
or writing to advertise, attract attention, announce the purpose of
or identify the purpose of any person or entity, or to communicate
information of any kind to the public. The term "sign" includes sign
structure. The following shall not be considered signs subject to
the regulations of this article: artwork, holiday or seasonal decorations,
cemetery markers, machinery or equipment signs, memorial signs or
tablets.
The total square foot area of a sign surface, including all
parts thereof devoted to the background, computed by bounding the
exterior of the sign structure or surface with a series of straight
or curved lines tangent thereto. The area of a sign painted directly
on a wall or awning and signs with letters attached directly to walls
or awnings shall be calculated by constructing an imaginary series
of straight lines or lines formed, bounded or characterized by curves
around the outside of all elements of the sign.
The part of the sign that is or can be used to identify,
display, advertise, communicate information, or for the visual representation,
which attracts or intends to attract the attention of the public for
any purpose.
Any structure which is designed specifically for the purpose
of supporting a sign, which has supports or which is capable of supporting
a sign. The definition shall include any decorative covers, braces,
wires, supports, or other components attached to or placed around
the sign structure.
Any sign tacked, nailed, posted, pasted, glued or otherwise
attached to trees, rocks, or other natural features, or poles, stakes,
or fences, with the message appearing thereon not applicable to the
present use of the premises upon which the sign is located. This shall
not include warning signs such as no-trespassing signs or no-hunting
signs.
A content-neutral sign providing notice of, or direction
to, an event, gathering, assembly or meeting that is open to the public
at large.
A sign required by any statute or regulation of the State
of New Jersey or the United States.
Any sign denoting the street address of the premises on which
it is attached or located.
As it pertains to a nonconforming sign;
Fifty percent or more of the upright supports
of a sign structure are physically damaged such that normal repair
practices of the sign industry would call for, in the case of wooden
structures, replacement of the broken supports and, in the case of
a metal sign structure, replacement of at least 25% of the length
above ground of each broken, bent, or twisted support; or
More than 50% of a wall or attached sign is
physically damaged such that normal repair practices of the sign industry
would call for the same to be replaced or repaired.
A sign intended for a use not permanent in nature. For the
purposes of this article, a sign with an intended use of one year
or less shall be deemed a temporary sign.
Any sign located within the right-of-way that functions as
a traffic control device and that is described and identified in the
Manual on Uniform Traffic Control Devices (MUTCD) and approved by
the Federal Highway Administrator as the National Standard. A traffic
control device sign includes those signs that are classified and defined
by their function as regulatory signs (that give notice of traffic
laws or regulations), warning signs (that give notice of a situation
that might not readily be apparent), and guide signs (that show route
designations, directions, distances, services, points of interest,
and other geographical, recreational, or cultural information).
Any sign or signs where the total sign area covers more than
10 square feet of the vehicle.
A sign which is painted on, fastened to, or erected against
the wall of a building with its face in a parallel plane with the
plane of the building facade or wall that does not extend above the
height of the vertical wall or eaves, which is used for advertising.
Further, a "wall sign" means a sign that does not project more than
15 inches from a building wall to which it is attached, and when extending
more than three inches from the face of the wall, the bottom edge
of such sign shall not be less than 10 feet from the ground and shall
not have a vertical dimension in excess of five feet.
A sign that functions to provide a warning of a dangerous
condition or situation that might not be readily apparent or that
poses a threat of serious injury (e.g., gas line, high voltage, condemned
building, etc.) or that functions to provide a warning of a violation
of law (e.g., no trespassing, no hunting allowed, etc.).
A sign that provides information and directions necessary
or convenient for visitors coming on the property, including signs
marking entrances and exits, parking areas, circulation direction,
and the like.
[Added 7-6-2020 by Ord. No. 4-2020]
Any sign mounted in any fashion on the interior or exterior
of the surface of a window.
A sign which uses objects or material fastened in such a
manner as to move upon being subjected to pressure by wind, and shall
include banners, pennants, ribbons, spinners, streamers or captive
balloons; however, the term "wind sign" shall not include flags.
The following signs and sign types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign type which is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of § 95-104.
A.Â
Billboards.
B.Â
Revolving signs.
C.Â
Flashing signs.
D.Â
Animated signs.
E.Â
Wind signs.
F.Â
Portable signs.
G.Â
Roof signs.
H.Â
Abandoned and discontinued signs.
I.Â
Snipe signs; bandit signs.
J.Â
Projecting signs.
K.Â
Bus bench advertising signs; bus shelter advertising
signs.
L.Â
Signs that emit smoke, visible vapor or smoke, sound,
odor, or visible particles or gaseous matter.
M.Â
Signs that have unshielded illuminating devices.
N.Â
Signs that obstruct, conceal, hide or otherwise obscure
from view any official traffic or governmental sign, signal or device.
O.Â
Wall signs that exceed 200 square feet in sign area.
P.Â
Freestanding signs that are higher than 25 feet.
Q.Â
Signs within a sight triangle that obstruct a clear
view of pedestrian or vehicular traffic.
R.Â
Signs in the public right-of-way, other than traffic
control device signs, warning signs or safety signs.
S.Â
Signs other than a traffic control device sign that
use the word "stop" or "danger," or present or imply the need or requirement
of stopping or the existence of danger, or which copy or imitate an
official traffic control device sign, and which are adjacent to the
right-of-way of any road, street, or highway.
T.Â
Signs prohibited by state or federal law.
U.Â
Vehicle sign or signs which have a total sign area
on any vehicle in excess of 10 square feet, when the vehicle is not
regularly used in the conduct of the business or activity advertised
on the vehicle, and is visible from a street right-of-way within 100
feet of the vehicle, and is parked for more than two consecutive hours
within 100 feet of any street right-of-way. A vehicle shall not be
considered "regularly used in the conduct of the business or activity"
if the vehicle is used primarily for advertising; or for the purpose
of advertising; or for the purpose of providing transportation for
owners or employees of the business or activity advertised on the
vehicle.
V.Â
Signs located on real property without the permission
of the property owner.
W.Â
Beacons, except as required by federal or state law.
X.Â
Intermittent signs.
Y.Â
Sandwich board signs.
Z.Â
Signs located, painted or affixed on a water tower,
storage tower, or cell tower that are visible from a public street
or roadway.
AA.Â
Signs within 100 feet of an historic building, site
or monument, other than historic markers.
BB.Â
Neon signs, except as may be expressly allowed herein
as an interior-mounted sign in a window or door opening in a nonresidential
zone.
CC.Â
Digital signs, except where the message is limited to "open."
[Added 12-6-2021 by Ord. No. 11-2021]
A nonconforming sign that was lawfully erected
may continue to be maintained until the nonconforming sign is substantially
damaged or destroyed. At such time that the nonconforming sign is
substantially damaged or destroyed, the nonconforming sign must either
be removed or be brought into conformity with this article and with
any other applicable law or regulation.
This article does not pertain to the following:
A.Â
A sign, other than a window sign, located entirely
inside the premises of a building or enclosed space.
B.Â
A sign on a car, other than a prohibited vehicle sign
or signs.
C.Â
A statutory sign.
D.Â
A traffic control device sign.
E.Â
Any sign not visible from a public street, sidewalk
or right-of-way; except that the foregoing does not exempt a sign
for a commercial use that is visible from an abutting residential
use.
A.Â
Building permits. It shall be unlawful for any person
or business or the person in charge of the business to erect, construct,
or alter a permanent sign structure whose construction is subject
to the New Jersey Uniform Construction Code, without first obtaining
such building permit from the Township as may be required by the New
Jersey Uniform Construction Code. Permit fees, if any, shall be paid
in accordance with the applicable fee schedules. The requirement of
a building permit under the New Jersey Uniform Construction Code is
separate and independent of the requirement for a sign permit under
this article.
B.Â
Sign permits.
(1)Â
Allowed temporary signs, except for special event signs, of the type described in § 95-115 shall be exempt from sign permitting hereunder. Temporary special event signs shall require a permit.
(2)Â
Allowed permanent signs of the type described in § 95-115 shall be exempt from sign permitting hereunder.
(3)Â
No sign permit shall be issued for the erection of
a prohibited sign.
(4)Â
Unless exempt from permitting as provided in § 95-115, below, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and the appropriate fee, if any, is paid to the Township.
(5)Â
A sign lawfully erected under permit may be repainted
or have ordinary and customary repairs performed, including replacement
of plastic or glass panels, without a new sign permit; however, if
such sign is to be structurally altered in any manner, a new sign
permit shall be required and the altered sign must meet all requirements
of this article and this Code.
C.Â
Sign permit application and issuance of sign permit.
(1)Â
A sign permit application shall be made upon a form
provided by the Township. The sign permit application is in addition
to any building permit application required by the New Jersey Uniform
Construction Code. The sign permit application shall be accompanied
by plans and specifications drawn to scale, together with any site
plan required by this article or this Code. The applicant shall furnish
the following information on or with the sign permit application form:
(a)Â
The legal description of the real property where
the sign is proposed to be located.
(b)Â
The zoning district for the real property on
which the sign will be located.
(c)Â
The name, mailing address and telephone number
(where available) of the owner(s) of the real property where the sign
is proposed to be located.
(d)Â
A notarized statement of authorization signed
by the owner(s) consenting to the placement of the proposed sign on
the real property.
(e)Â
The name, mailing address and telephone number
of the sign contractor.
(f)Â
Type of proposed sign (e.g., wall sign or freestanding
sign).
(g)Â
The square footage of the surface area of the
proposed sign.
(h)Â
The cost of the proposed sign.
(i)Â
If the proposed sign is a freestanding sign:
[1]Â
The height of the proposed freestanding sign.
[2]Â
The size (sign area) of the freestanding sign,
and the dimensions utilized to calculate the size.
[3]Â
The distance of the closest freestanding sign
to the proposed freestanding sign.
[4]Â
Whether there is an existing freestanding sign
on the same lot where the proposed freestanding sign will be located.
[5]Â
The front and side yard setbacks for the proposed
sign.
(j)Â
If the proposed sign is an attached sign, the
building frontage for the building to which the attached sign shall
be affixed.
(k)Â
The number, type, location, and surface area
for all existing signs on the same lot and/or building on which the
sign will be located.
(l)Â
Whether the proposed sign will be an illuminated
or nonilluminated sign.
(2)Â
An applicant shall deliver a sign permit application
for a permanent sign to the Township's Zoning Officer or his or her
designee, or such other person as designated by the Township. The
sign permit application shall be reviewed for a determination of whether
the proposed sign meets the applicable requirements of this article
and any applicable zoning law. The review of the sign permit application
shall be completed within 10 calendar days from the date of receipt
of the application, and the application shall be granted or denied
within that time frame. In the event that no decision is rendered
within 10 calendar days following submission, the application shall
be deemed denied and the applicant may appeal to the Board of Adjustment
pursuant to the MLUL.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.Â
Fees.
(1)Â
Sign permit application fees. Every person making
an initial application for a sign permit application shall pay a fifty-dollar
sign permit application fee to the Township at the time of the application.
(2)Â
Building permit fees distinguished. The sign permit
fee, if any, shall be separate and apart from any required fee for
a building permit for the erection of a sign covered by the New Jersey
Uniform Construction Code.
E.Â
Conditions.
(1)Â
Duration of permit. If the work authorized under a
sign permit has not been completed within 180 days after the date
of issuance, the permit shall become null and void and a new application
for a sign permit shall be required.
A.Â
Freestanding and wall signs may be illuminated unless
stated otherwise in the specific zoning district regulations, provided
the illumination is designed and installed in such a manner that light
from the sign meets all requirements of this Code and the New Jersey
Uniform Construction Code. The following standards shall apply:
(1)Â
Illumination of signs shall be by either indirect
lighting or diffused-lighting, and shall not cause light spillage
onto adjacent properties.
(2)Â
Lights used for the illumination of freestanding or
wall signs shall be shielded so as not to project light above the
freestanding sign or the highest elevation of the front wall of the
building on which the wall sign is displayed or more than 18 feet
above the ground level, whichever is less.
(3)Â
Free-form exposed neon lights for signs are prohibited.
(4)Â
The light intensity for the illumination of a sign
visible from the public right-of-way shall not exceed 50 foot candles
per square foot on a standard Weston photolight source, illuminated
surface or display window.
(5)Â
Illumination shall be of a continuous (nonintermittent)
nature and of a uniform color value.
(6)Â
Illumination of signs, where permitted, which face
property with a residential use shall not be illuminated from 11:00
p.m. until the following dusk, except that an establishment may keep
the sign illuminated until the business is closed to the public but
not thereafter.
(7)Â
Illumination of signs shall also comply with any stricter
provisions that may be established by this Code.
B.Â
Illuminated signs, in addition to conforming to all other requirements of this article XI, shall be shielded in such a manner so that no direct source of light is cast into residential properties or into a public street or right-of-way. Illuminated signs shall not interfere with pedestrian or motorist vision. The illumination shall not be reflective or phosphorescent and shall perform in a steady nonfluctuating or nonundulating manner and shall be placed in a manner that will not create a nuisance to other premises or interfere with vehicular movements.
Notwithstanding anything contained in this article XI or this Code to the contrary, any sign erected pursuant to the provisions of this article XI or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type and provided that the size, height, setback and other dimensional criteria contained in this article XI and this Code have been satisfied.
Notwithstanding anything in this article XI or this Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.
Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this article XI pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment in accordance with the MLUL.[1] The appellate decisions of the Board of Adjustment shall
be deemed final, subject to judicial review as provided by law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Zoning Enforcement Official shall be the enforcing official of this article XI, and enforcement shall be governed by this Code, except that imprisonment shall not be a penalty for a violation of this article XI. In addition, the following enforcement provisions shall apply:
A.Â
When a temporary sign is erected or maintained in violation of this article XI, the Zoning Enforcement Official may remove the same at any time without notice.
B.Â
When a temporary sign is erected or posted on public property in violation of this article XI, the same shall be considered litter and may be removed at any time by any person.
C.Â
When a permanent sign is erected or maintained in violation of this article XI or this Code, the Zoning Enforcement Official shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign shall be brought into conformity with this article XI and this Code within 30 days. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Enforcement Official may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.
Required setbacks for signs in all zoning districts
shall be measured from the property line to the nearest part of the
sign.
Double-faced signs shall be permitted in all
zoning districts, provided the signs are designed and constructed
such that the two sign faces are back to back with a maximum distance
of 18 inches between the two sign faces and directionally oriented
180 from each other. The maximum sign area allowed shall be permitted
for each sign face.
A.Â
Temporary special event signs as approved by the Zoning
Enforcement Official as meeting the following content-neutral criteria:
(1)Â
The signs are temporary signs for a limited time and
frequency;
(2)Â
The signs are for a special event as defined herein
(see special event sign);
(3)Â
The temporary signs will not exceed four square feet
in size (area) and three feet in height;
(4)Â
The temporary signs will not conceal or obstruct adjacent
land uses or signs;
(5)Â
The temporary signs will not conflict with the principal
permitted use of the site or adjoining sites;
(6)Â
The temporary signs will not interfere with, obstruct
the vision of or distract motorists, bicyclists or pedestrians;
(7)Â
The temporary signs will be installed and maintained
in a safe manner; and
(8)Â
The display of temporary signs for a special event
shall not begin any earlier than one week before the event and shall
be removed within two business days after the event.
B.Â
Consistent with § 95-109, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Enforcement Official shall render a decision within 10 days after an application is made for such temporary signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the Board of Adjustment.
The regulations in this article XI apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for signs and sign types described and identified in this article XI.
A.Â
Street address signs. For each parcel, residence or
business, one street address sign may be displayed. For each residence,
the street address sign shall not exceed two square feet in sign area
unless required by applicable law. For each business or parcel in
nonresidential use, the street address sign shall not exceed six square
feet in sign area unless required by applicable law.
B.Â
Nameplate or occupant identification signs. For each
residence, business or other occupancy, one nameplate sign may be
displayed. For a residence, the nameplate or occupant identification
sign shall be nonilluminated and shall not exceed one square foot
in sign area. For a nonresidential use, such as a home occupation
or professional office, the nameplate or occupant identification sign
shall not exceed two square feet in sign area.
C.Â
Noncommercial on-site directional signs. Noncommercial
on-site directional signs, not exceeding four square feet in sign
area, shall be allowed on each parcel.
D.Â
Noncommercial on-site parking space signs. Noncommercial
on-site parking space number signs, not exceeding one square foot
of sign face per sign, shall be allowed on each parcel in noncommercial
use having multiple parking spaces on site. One such sign shall be
allowed for each parking space.
E.Â
Free expression signs. For each parcel, one free expression
sign not exceeding three square feet in size (sign area) may be displayed.
The free expression sign may be displayed as an attached sign or as
a freestanding sign; if displayed as a freestanding sign, the freestanding
sign shall not exceed three feet in height. A free expression sign
is in addition to any other sign permitted under this article and
is permitted in any zoning district. Only one such sign shall be permitted
on each parcel.
F.Â
Election signs. For each parcel, one election sign
for each candidate and each issue may be displayed. An election sign
may be displayed as an attached sign or as a freestanding sign. The
election sign shall not exceed three square feet in size (sign area)
if located on a lot in residential use and shall not exceed 24 square
feet in size (sign area) if located on a lot in nonresidential use.
If the election sign is displayed as a freestanding sign on the parcel,
the election sign shall not exceed three feet in height. An election
sign shall be removed within five calendar days following the election
to which it pertains.
G.Â
Flagpoles. One flagpole is allowed for each parcel.
A flagpole shall not exceed 35 feet in height and shall be set back
a minimum of 35 feet from the right-of-way, and shall be subject to
setbacks in the applicable zones in which it is located.
H.Â
Flags. For each flagpole, two flags not greater than
24 square feet in size (sign area) each may be displayed.
I.Â
Warning signs and safety signs. Warning signs and
safety signs not exceeding three square feet in size (sign area) shall
be allowed in all districts.
J.Â
Temporary construction signs. One temporary construction
sign shall be allowed on each parcel, subject to the following limitations:
(1)Â
Number. For each parcel, one temporary construction
sign shall be allowed.
(2)Â
Size and height. For a parcel in residential use,
the temporary construction sign shall not exceed three square feet
in size (sign area) and three feet in height; and for a parcel in
nonresidential use, the temporary construction sign shall not exceed
24 square feet in size (sign area) and six feet in height.
(3)Â
Setback. Temporary construction signs shall be set
back from any lot line by at least 10 feet.
(4)Â
Duration. Temporary construction signs shall be removed
within five days following the issuance of the certificate of occupancy
or the expiration date of any applicable building permit, whichever
shall first occur.
K.Â
Temporary real estate signs.
(1)Â
Number. For each parcel, one temporary real estate
sign may be displayed on each parcel of land or part thereof that
is for sale, lease, or rent; however, when more than one dwelling
unit or nonresidential space on a parcel of land is for sale, lease,
or rent, there may be one real estate sign for each such unit or space.
For a parcel with dual street frontage, such parcels may have one
additional temporary real estate sign per frontage.
(2)Â
Size and height. For a parcel in residential use,
the temporary real estate sign shall not exceed three square feet
in size (sign area) and three feet in height; and for a parcel in
nonresidential use, the temporary real estate sign shall not exceed
24 square feet in size (sign area) and six feet in height.
(3)Â
Setback. Temporary real estate signs shall be set
back from any lot line by at least 10 feet.
(4)Â
Duration. Temporary real estate signs shall be removed
within five days following the closing or settlement of a sale, lease
or rental of the real estate that was offered for sale, lease, or
rent.
L.Â
Temporary grand opening signs.
(1)Â
Number. One temporary grand opening sign may be displayed
for the grand opening of a business.
(2)Â
Size and height. The temporary grand opening sign
shall not exceed 24 square feet in size (sign area) and six feet in
height.
(3)Â
Setback. The temporary grand opening sign shall be
set back from any lot line by at least 10 feet.
(4)Â
Duration. A temporary grand opening sign shall not
be displayed for a period longer than 10 days.
M.Â
Temporary garage-yard sale signs. For each parcel
with a lawful residential use, a temporary garage-yard sale sign may
be displayed, subject to the following limitations:
(1)Â
Number. One temporary garage-yard sale sign may be
displayed.
(2)Â
Size and height. The temporary garage-yard sale sign
shall not exceed three square feet in size (sign area) and three feet
in height.
(3)Â
Setback. The temporary garage-yard sale sign shall
be set back from any lot line by at least 10 feet.
(4)Â
Duration. A temporary garage-yard sale sign may not
be displayed for a period longer than three days twice a year.
N.Â
Temporary window signs. For each parcel, one or more
temporary window signs may be displayed. On parcels that are in residential
use, the temporary window sign(s) shall not exceed an aggregate of
three square feet in sign area. On parcels that are in nonresidential
use, the temporary window sign(s) shall not exceed an aggregate of
24 square feet in sign area. Temporary window signs shall not cover
more than 25% of any window surface.
O.Â
Temporary future development signs. A temporary future
development sign shall be allowed in new subdivisions, subject to
the following limitations:
(1)Â
Number. No more than one such sign shall be allowed
upon any property held in single and separate ownership.
(2)Â
Size and height. A temporary future development sign
shall not exceed 24 square feet in sign area. A temporary future development
sign shall not exceed six feet in height.
(3)Â
Setback. The temporary future development sign shall
be set back from any lot line by at least 10 feet.
(4)Â
Duration. Temporary future development signs shall
be removed within five days after the last dwelling has been sold.
In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 95-115, the following permanent and temporary signs are also allowed within the R-120, R-120-CR, R-20, R-15, R-11, R-10 and R-10/CSAH Zones and residential districts designated in the East Hanover Township Land Use Code, as amended from time to time. The permanent signs described below require a sign permit.
A.Â
Freestanding signs and mounted wall signs for multifamily
residential uses. For each parcel with a permitted multifamily residential
use, there may be one permanent freestanding identification sign per
development for each public street frontage and one wall identification
sign for each building. A permanent freestanding identification sign
shall not exceed 24 square feet in size (sign area) and shall not
exceed six feet in height. A permanent wall identification sign shall
not exceed eight feet in size (sign area).
B.Â
Freestanding signs and mounted wall signs for institutional,
quasi-public and public uses. For each parcel with a permitted institutional,
quasi-public or public use, there may be one permanent freestanding
identification sign that does not exceed 20 square feet in size (sign
area) and six feet in height.
In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 95-115, the following permanent signs are also allowed within the B-1 and PB-1 Zones designated in the East Hanover Township Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.Â
Permanent wall signs.
(1)Â
Number. For each tenancy, one permanent wall sign
is allowed. Subject to the aggregate size limitation described below,
a separate sign may be erected for each tenant space for buildings
having multiple businesses.
(2)Â
Height. A permanent wall sign shall not be higher
than 25 feet from the ground, and shall not be erected higher than
the roofline of the building.
(3)Â
Size (sign area). The maximum size (sign area) for
any single wall sign shall be 30 square feet.
(4)Â
Aggregate size (sign area). The aggregate size (sign
area) allowed for all signs on a front building wall shall not exceed
1.5 square feet in area for each one-foot width of the front building
wall or 10% of the total front wall area, whichever is less.
B.Â
Incidental signs. Up to four incidental signs are
permitted to be attached to a freestanding sign structure or to a
building wall, but not perpendicular to the wall. An incidental sign
shall not exceed one square foot in size.
[Amended 12-6-2021 by Ord. No. 11-2021]
In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 95-115, the following permanent signs are also allowed within the Highway Business B-2 and PB-1 Zones designated in the East Hanover Township Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.Â
Permanent freestanding signs. Permanent freestanding signs for uses other than those delineated in § 95-54A(1)(c) and (d) are allowed as follows:
(1)Â
Number. One permanent freestanding sign is allowed
per street frontage. A permanent freestanding sign may be a freestanding
pole sign or a freestanding monument sign.
(2)Â
Height. The height of a permanent freestanding pole
sign shall not exceed 15 feet, while the height of a permanent freestanding
monument sign shall not exceed eight feet. The bottom of the sign
face of a freestanding pole sign shall not be closer than six feet
from the ground.
(3)Â
Size. The maximum size (sign area) of a permanent
freestanding sign, either freestanding pole signs or freestanding
monument signs, shall not exceed 80 square feet per building, and
in no event shall the maximum size exceed 160 square feet.
(4)Â
Setbacks. All freestanding signs shall be set back
a minimum distance of 15 feet from any street line and five feet from
any side lot line. No freestanding sign shall be located in a sight
triangle or block the view of an adjacent properties' sight triangle.
B.Â
Permanent freestanding signs. Permanent freestanding signs for uses delineated in §§ 95-54A(1)(c) and 95-55A(1)(d) are allowed as follows:
(1)Â
Number. One permanent freestanding sign is allowed
per street frontage.
(2)Â
Height; width. The height of a permanent freestanding
sign shall not exceed five feet. The width of a permanent freestanding
sign shall not exceed 10 feet.
(3)Â
Size. The maximum size (sign area) of a permanent
freestanding sign shall not exceed 40 square feet.
(4)Â
Setbacks. Freestanding signs shall be set back a minimum
distance of 15 feet from any street line and five feet from any side
lot line.
C.Â
Permanent wall signs.
(1)Â
Number. For each tenancy, one permanent wall sign
is allowed. Subject to the aggregate size limitation described below,
a separate sign may be erected for each tenant space for buildings
having multiple businesses. For a business facing two or more streets,
one additional wall sign is permitted, provided that the wall sign
is not greater in size than the permitted area of the front-facing
wall sign and further provided that the additional wall sign does
not face a residential zone.
(2)Â
Height. A permanent wall sign shall not be higher
than 25 feet from the ground, and shall not be erected higher than
the roofline of the building.
(3)Â
Size (sign area). The maximum size (sign area) for
any single wall sign shall be 100 square feet; however, for a business
with the B-2B Zone occupying space having a gross floor area in excess
of 40,000 square feet, the maximum size shall not exceed 200 square
feet.
(4)Â
Aggregate size (sign area). The aggregate size (sign
area) allowed for all signs on a front building wall shall not exceed
1.5 square feet in area for each one-foot width of the front building
wall or 10% of the total front wall area, whichever is less.
(5)Â
Side wall or rear wall with business entrance facing
a parking area. A side wall or a rear wall with a business entrance
facing a parking area is allowed a wall sign not exceeding two square
feet or 2% of the wall area on which it is placed for each separate
business. A side wall or rear wall sign facing a residential area
shall be nonilluminated and shall be screened from view by means of
evergreen pine trees or other all-season landscaping acceptable to
the Construction Code Official or the Land Use Planning Board should
the signage be included with a site plan application.
D.Â
Incidental signs. Up to four incidental signs are
permitted to be attached to a freestanding sign structure or to a
building wall, but not perpendicular to the wall. An incidental sign
shall not exceed one square foot in size.
In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 95-115, the following permanent signs are also allowed within the Professional and Business Office PB-2 and PB-3 Zones and the Research Laboratory and Office RL Zone as designated in the East Hanover Township Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.Â
Permanent freestanding signs. Permanent freestanding
signs are allowed as follows:
(1)Â
Number. One permanent freestanding sign is allowed
per street frontage.
(2)Â
Height; width. The height of a permanent freestanding
sign shall not exceed five feet. The width of a permanent freestanding
sign shall not exceed 10 feet.
(3)Â
Size. The maximum size (sign area) of a permanent
freestanding sign shall not exceed 40 square feet.
(4)Â
Setbacks. Freestanding signs shall be set back a minimum
distance of 25 feet from any street line and 15 feet from any side
lot line.
B.Â
Permanent wall signs.
(1)Â
Number. For each tenancy, one permanent front-facing
wall sign is allowed. For a business facing two or more streets, one
additional wall sign is permitted for a side wall or rear wall, provided
that the additional wall sign does not face a residential zone.
(2)Â
Height. A permanent wall sign shall not be higher
than 25 feet from the ground, and shall not be erected higher than
the roofline of the building.
(3)Â
Aggregate size (sign area). The aggregate size (sign
area) for all signs on a front building wall shall not exceed 40 square
feet. The same size (sign area) limit applies to an additional wall
sign if permitted on a side or rear wall.
C.Â
Incidental signs. Up to four incidental signs are
permitted to be attached to a freestanding sign structure or to a
building wall, but not perpendicular to the wall. An incidental sign
shall not exceed one square foot in size.
In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 95-115, the following permanent signs are also allowed within the Light Industry I-1 and I-3 Zones designated in the East Hanover Township Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.Â
Permanent freestanding signs. Permanent freestanding
signs are allowed as follows:
(1)Â
Number. One permanent freestanding sign is allowed
per street frontage.
(2)Â
Height. The maximum height of a permanent freestanding
sign shall not exceed 10 feet for a lot where the principal use is
a multitenant warehouse or industrial use having separate access to
each unit from exterior doors; otherwise, the maximum height of a
permanent freestanding sign shall not exceed five feet.
(3)Â
Width. The width of a permanent freestanding sign
shall not exceed 10 feet.
(4)Â
Size. The maximum size (sign area) of a permanent
freestanding sign shall not exceed 100 square feet for a lot where
the principal use is a multitenant warehouse or industrial use having
separate access to each unit from exterior doors; otherwise, the maximum
size (sign area) of a permanent freestanding sign shall not exceed
40 square feet.
(5)Â
Setbacks. Freestanding signs shall be set back a minimum
distance of 15 feet from any street line and five feet from any side
lot line.
B.Â
Permanent wall signs.
(1)Â
Number. For each tenancy, one permanent front-facing
wall sign is allowed. For a business facing two or more streets, one
additional wall sign is permitted for a side wall or rear wall, provided
that the additional wall sign does not face a residential zone.
(2)Â
Height. A permanent wall sign shall not be higher
than 15 feet from the ground, and shall not be erected higher than
the roofline of the building.
(3)Â
Size (sign area). For buildings having multiple businesses,
each tenancy is allowed a sign that does not exceed 10 square feet;
otherwise, the aggregate size (sign area) for all signs on a front
building wall shall not exceed 40 square feet. For a business facing
two or more streets, the maximum size for an additional wall sign
on a side or rear wall, where otherwise permitted, shall not exceed
five square feet.
C.Â
Incidental signs. Up to four incidental signs are
permitted to be attached to a freestanding sign structure or to a
building wall, but not perpendicular to the wall. An incidental sign
shall not exceed one square foot in size.
In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 95-115, the following permanent signs are also allowed within the Special Economic Development Industrial District SED Zone designated in the East Hanover Township Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.Â
Permanent freestanding signs. Permanent freestanding
signs for nonresidential uses are allowed as follows:
(1)Â
Number. One permanent freestanding sign is allowed
per street frontage.
(2)Â
Height. The height of a permanent freestanding sign
shall not exceed 40 feet.
(3)Â
Size. The maximum size (sign area) of a permanent
freestanding sign shall not exceed two square feet for each one linear
foot of frontage, but shall in no event exceed 250 square feet.
(4)Â
Setbacks. A freestanding sign shall be set back a
minimum distance of 20 feet from any street line and five feet from
any side lot line.
B.Â
Permanent wall signs.
(1)Â
Size. The aggregate size (sign area) for wall signs
on a site shall not exceed 15% of the wall area upon which the signs
are affixed; however, the aggregate size shall in no event exceed
250 square feet.
(2)Â
Height. A permanent wall sign shall not be higher
than 15 feet from the ground, and shall not be erected higher than
the roofline of the building.
In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 95-115, the following permanent signs are also allowed within the Highway Development, Office Commercial, Industrial HD/OCT Zone designated in the East Hanover Township Land Use and Zoning Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
A.Â
Permanent freestanding signs. Permanent freestanding
signs for nonresidential uses are allowed as follows:
(1)Â
Number. One permanent freestanding sign is allowed
per street frontage.
(2)Â
Height. The height of a permanent freestanding sign
shall not exceed 40 feet.
(3)Â
Size. The maximum size (sign area) of a permanent
freestanding sign shall not exceed two square feet for each one linear
foot of frontage, but shall in no event exceed 250 square feet.
(4)Â
Setbacks. A freestanding sign shall be set back a
minimum distance of 20 feet from any street line and five feet from
any side lot line.
B.Â
Permanent wall signs.
(1)Â
Size. The aggregate size (sign area) for wall signs
on a site shall not exceed 15% of the wall area upon which the signs
are affixed; however, the aggregate size shall in no event exceed
250 square feet.
(2)Â
Height. A permanent wall sign shall not be higher
than 15 feet from the ground, and shall not be erected higher than
the roofline of the building.
Any permit issued prior to the effective date
of the adoption of the sign regulations that comprise this article
shall remain valid but only until the earlier of the following dates:
A.Â
Generally; severability where less speech results.
If any part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this article is declared or held
to be invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such declaration or holding
shall not affect any other part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this article. Such declaration
or holding shall not affect any other part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of this article,
even if such severability would result in a situation where there
would be less speech, whether by subjecting previously exempt signs
to permitting or otherwise.
B.Â
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this article, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other law is declared or held to be unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under § 95-103.
