It is the objective of this article to protect
and promote the public health, safety and welfare by restricting signs
and awnings that violate privacy or increase accidents by distracting
attention or obstructing vision. It is also the intention of this
article to promote a desirable visual environment and to encourage
the replacement of nonconforming signs and awnings with conforming
signs and awnings through enforcement.
The following general standards shall apply
to all signs and awnings:
A.
All signs and awnings that are not specifically permitted
by this chapter are prohibited.
B.
All signs and awnings shall conform to the provision
of this article and also to the provisions of the applicable requirements
of the New Jersey Uniform Construction Code.
C.
All signs and awnings unless stated otherwise in this
article shall relate to the use and occupancy of the property on which
the sign is located except for signs placed by the Borough of Bradley
Beach.
D.
No advertising or sign shall be erected between or
maintained upon any part of the lawn or space between the curbline
of the street upon which the property is situated and the main body
of the house or structure, except in accordance with this article
and provided that this article shall not be construed to prohibit
the attachment of a sign to the porch or main body of the structure,
subject to the provisions of this article, which shall not extend
beyond four feet from the porch or building and said sign shall not
exceed three feet in length and two feet in height, provided further
that but one sign shall be erected on the front and not more than
one sign on the side; provided further that on hotels of 40 bedrooms
or more there may be erected a sign that shall not extend beyond four
feet from the hotel building or structure and which sign shall not
exceed three feet in width and 12 feet in height.
E.
No awning shall be erected or maintained on any building
where said awning shall extend over the public sidewalk unless said
awning shall be erected and maintained so that the lowest portion
thereof shall be at least eight feet, six inches above the sidewalk.
F.
All signs and awnings shall be maintained in good
condition and shall be repaired or replaced when their condition deteriorates.
G.
No sign with a flashing, strobe or beam light resembling
an emergency light shall be erected in any location.
H.
No sign shall be located so as to impede or restrict
the free flow of traffic or pedestrians.
Unless specifically stated herein, the following
application procedures shall apply to all signs in the Borough, and
unless stated otherwise, all signs shall require a sign permit.
A.
The Zoning Officer shall be the person in the Borough
to whom all permit applications are made.
B.
Prior to the erection of any sign or awning, a permit
must be approved by the Zoning Officer, who shall certify that the
proposed sign or awning complies with the requirements of this article.
C.
The permit fee for signs shall be $2 per square foot
of sign area, with a minimum fee of $46. The sign area shall be computed
for only one side of the sign even if two sides are used. The fee
for awnings shall be $10, all inclusive. The permit application shall
include a sketch that shall indicate the size, location and elevation
of the sign or awning along with an original detailed drawing of the
sign or awning and if applicable the dimensions of the building.[1]
D.
The Zoning Officer shall render his decision on all
applications within 20 days and shall keep on file all permits and
applications for signs approved by the Zoning Officer as a permanent
record.
E.
The Borough of Bradley Beach Planning Board shall
have jurisdiction to approve signs in connection with its statutory
authority regarding subdivisions, site plans or conditional use and
other properly presented application.
F.
The Borough of Bradley Beach Board of Adjustment shall
have jurisdiction to approve signs which are presented to it as part
of any properly filed development application. The Board of Adjustment
shall also have jurisdiction of all requests for variance relief from
the provisions of this article.
[Amended 7-27-2021 by Ord. No. 2021-14]
The following signs and awnings shall be exempt
from the provisions of this article, which require a permit, but all
other provisions regarding size, location and type shall apply where
appropriate.
A.
Governmental signs. All signs and awnings that are
erected by the Borough of Bradley Beach or any of its departmental
committees or agencies or by the State of New Jersey or County of
Monmouth.
B.
Political signs. All signs which are political in
message, provided that said signs are erected not more than 45 days
prior to an election and removed no later than 10 days after an election
and provided further that the aggregate total of all said signs per
property shall not exceed 20 square feet.
C.
Religious, civic signs. Church, civic, or nonprofit
temporary signs not to exceed four feet by eight feet, provided that
special permission is granted by the Mayor and Council. A request
for permission for placement of a sign under this subsection shall
be made to the Zoning Officer, in writing, and permission may be granted
only by resolution approved by a majority vote of the Mayor and Council.
D.
Temporary special signs. Any temporary sign or banner
may be erected for a period not to exceed 30 days by permission of
the Mayor and Council. A request for permission for placement of a
sign under this subsection shall be made to the Zoning Officer, in
writing, and permission may be granted only by resolution approved
by a majority vote of the Mayor and Council.
E.
Grand opening and going out of business. Any sign
or banner that is used to designate a grand opening of a business
or a going-out-of-business event; provided, however, that said sign
shall be limited to 40 square feet per property and shall be removed
within 30 days after commencement.
F.
Temporary
commercial signs. Temporary commercial signs are permitted as follows:
(1)
Signs announcing that the premises on which the signs are located
is available for sale or rent, provided that:
(a)
One sign shall be permitted for each property regardless of
its street frontage(s), except that, if under apartment, condominium
or cooperative ownership, one sign is permitted for each unit.
(b)
Such sign, unless affixed to a principal building, shall be
placed not more than 10 feet from the principal building and shall
not be higher than four feet from the ground at its highest point.
(c)
No artificial illumination shall be used.
(d)
No such sign shall exceed four square feet in area.
(e)
Such sign shall be displayed only for as long as such premises
is in fact available for sale or rental and shall be removed upon
the issuance of a certificate of occupancy by the Borough for such
sale or rental. In the event of a recurring or short-term rental property
or unit, no advertising signage shall be displayed while the property
or unit is occupied by a current rental.
(f)
In addition to "for sale" signs and subject to the same number,
height, setback and size restrictions, "open house" signs shall be
permitted during the actual time period of an open house.
(2)
Signs identifying a real estate development involving the construction
of single-family dwellings in a subdivision, a multifamily development
of more than four units or a nonresidential building, provided that:
(a)
One sign shall be permitted for each property regardless of
its street frontage(s).
(b)
No such sign shall exceed four square feet in area.
(c)
Such sign, unless affixed to a principal building, shall be
placed not more than 10 feet from the principal building and shall
not be higher than four feet from the ground at its highest point.
(d)
No artificial illumination shall be used.
(e)
Such sign shall be displayed only for such period of time as
there are any homes, apartments, nonresidential space or lots remaining
unsold or unrented, but such period of time shall in no event exceed
two years from the start of construction.
(f)
No more than one sign may be displayed at any permitted time
under this subsection.
G.
Commercial windows. Window signs and lettering shall
be permitted in nonresidential zones subject to the following restrictions:
(1)
Business. Window lettering and signs shall pertain only to the business occupying that portion of the premises where the window is located as defined in § 450-4, "window lettering, permanent."
(2)
Permanent lettering and signs. Permanent lettering
and signs shall be permitted, provided that the space containing the
lettering and signs or the background for it does not exceed 20% of
the window area. Any painted area of the window shall be construed
as window lettering or signs.
(3)
Temporary window lettering or signs. Temporary window
lettering or signs are permitted, provided that they do not cover
more than 30% of the window area and together with any permanent window
signs do not cover more than 50% of the window area. Temporary window
signs or lettering shall not exceed a period of 30 consecutive days,
and temporary lettering shall not exceed an aggregate of 180 days
in each calendar year.
H.
Sidewalk, freestanding, and sandwich-board-type. Sidewalk, freestanding,
and/or sandwich-board-type signs are prohibited, except:
(1)
As may be permitted by leases with concessionaries on public property;
and
(2)
One such sign per storefront along Main Street placed directly in
front of the business advertised and within 10 feet of the front entrance
to said business, provided that such sign shall not exceed 24 inches
wide or 40 inches tall, and provided that a pathway area not less
than four feet wide between the adjacent building and the adjacent
curb shall be maintained at all times. The pathway area shall be unobstructed
by trees, tree wells, light poles, trash receptacles, sign poles and
posts, telephone booths and similar structures. The pathway area shall
not meander around.
(3)
Such sign may be displayed on a public property or thoroughfare if there is no reasonable location available directly in front of the business advertised, but such sign shall not be located more than 15 feet from the front entrance to said business, and the placement of such sign shall maintain a pathway area not less than four feet wide between any adjacent building and any adjacent curb at all times. The pathway area shall be unobstructed by trees, tree wells, light poles, trash receptacles, sign poles and posts, telephone booths and similar structures. The pathway area shall not meander around. A request for permission to place a sign under this § 450-49H(3) shall be made to the Zoning Officer, in writing, and such sign must meet all other requirements set forth in Chapter 450 to be considered, and permission may be granted only by resolution approved by an affirmative vote of a 2/3 majority of the Mayor and Council.
The following signs shall be permitted in the
GB, R-B, R-T and B-O-R Zones, subject to the provisions of this chapter
and the following additional restrictions:
A.
Wall-mounted signs and projection signs. Wall-mounted
signs and projection signs shall be permitted, subject to the following:
(1)
There shall be no more than two signs permitted per
business establishment, or if more than one business occupies a structure,
no more than one facade and two identification signs per storefront
shall be permitted.
(2)
The size of a wall-mounted sign shall not exceed 10%
of the facade area of the lowest floor of that portion of the building
occupied by the applicant's business or 40 square feet, whichever
is less. The size of a projection sign shall not exceed 12 square
feet, and the lowest portion of the sign shall not hang lower than
8 1/2 feet above the sidewalk level, and the sign shall not project
more than five feet from the surface plane of the largest face of
the wall of the building to which it is attached. Projection signs
shall be hung from one or more black metal chains or by a decorative
wrought-iron-style bracket.
(3)
An illuminated wall-mounted directory of occupant's
sign not exceeding six square feet may be placed in a multitenant
building with a common entrance. Changes in the individual names of
the occupants shall not be considered a new sign requiring a new permit.
Permanent window graphics shall be permitted, provided that they comply with the provisions of § 450-49G.
Awnings shall be permitted in all zones subject
to the following restrictions:
A.
Awnings may be erected at street level, provided that
they shall not extend more than five feet from the surface plane of
the largest facade wall of the building to which it is to be attached
and must be not less than 8 1/2 feet above ground level. Awnings
may contain graphics, including the name of the establishment covering
not more than 10% of the surface area of the awning and may be illuminated
from the rear. Awning graphics shall be limited to logos or symbols
pertaining to the identification and shall not be used as advertising.
The following types of signs are specifically
prohibited in all zones:
A.
Outdoor or rooftop advertising signs and billboards or electronic billboards of any kind, including freestanding and/or sandwich-board-type signs, except for sidewalk, freestanding, and sandwich-board-type signs permitted under § 450-49H.
[Amended 7-27-2021 by Ord. No. 2021-14]
B.
Any permanent or temporary signs which do not pertain
to an occupant, service or product actually occupying or provided
on the premises where such sign is located, including temporary signs
identifying or advertising architects, builders or any other contractors
on a premises where a building is being constructed, altered, repaired,
renovated, or demolished.
[Amended 7-27-2021 by Ord. No. 2021-14]
C.
Roof signs extending above the wall to which they
are attached.
D.
Signs posted on fences, posts, utility poles, trees,
and street signs or traffic signs.
E.
Signs painted on municipal property or placed in the
right-of-way or planting strips without the consent of the Mayor and
Council.
[Amended 7-27-2021 by Ord. No. 2021-14]
F.
Signs painted directly on buildings, sidewalks or
curbs.
G.
Signs on accessory buildings that are specifically
defined by this chapter.
H.
Signs that flash, are illuminated (such as neon),
make noise, imitate official traffic signs or signals or that otherwise
contribute a hazard to the traveling public.
[Amended 7-27-2021 by Ord. No. 2021-14]
J.
All signs not authorized by this chapter are prohibited.
