[Added 1-22-68 by Ord. No. 68-65-K'; amended 5-29-84 by Ord. No. 84-570; 6-24-91 by Ord. No. 91-67; 12-27-93 by Ord. No. 93-73; 11-25-96 by Ord. No. 96-39; 3-10-97 by Ord. No. 97-8]
[Added 12-27-93 by Ord. No. 93-73]
The purpose of this Ordinance shall be to coordinate the type, placement, and scale of signs within different land-use zones; to recognize the communication requirements of all sectors of the community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to protect public safety; to allow for special circumstances; and to guarantee equal treatment under the law. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to zone. The placement, scale and aesthetics of signs are regulated to ensure compatibility with development, the existing environment and nearby developed areas.
[Amended 12-27-93 by Ord. No. 93-73; 3-10-97 by Ord. No. 97-8]
I. Freestanding Signs.
A. Unless otherwise provided for, no sign situated on a property shall advertise or describe any use or activity or business except those situated on, or conducted within the property.
B. Any signs not specifically permitted are hereby prohibited.
C. Height: No portion of the top edge of any freestanding sign shall be greater than twenty-two (22') feet above the elevation at the centerline of the street in front of the property on which the sign shall be situated but will not interfere with sight triangles. [Amended 11-13-84 by Ord. No. 84-611 ]
D. Setback: Except where otherwise provided, no sign or any part thereof shall be located closer than ten (10') feet to any lot line. Any new sign shall be not less than a distance of 100 feet from any existing adjacent freestanding sign.
E. Location: No freestanding sign shall block the view of any existing signs. All signs shall be placed in a location which will allow sufficient reaction time for drivers on the adjacent roads, and safe driveway access to the entrance to the site of the business or commercial use.
F. Size Calculation: Except where specifically prohibited, all signs may be double-faced, and the maximum area shall apply to each side. The area of the sign shall include each and every part of the sign, including moldings, frames, logos and graphics. Where the sign is supported by a post or pylon whose surface is being used for advertising purposes, the area of this post, pylon or other supporting members shall be considered as part of the total allowable sign area. Wherever the name or advertising message on a sign is divided between a number of panels or parts, the total area of all of the panels or parts shall be considered as one (1) sign, and where a sign consists of individual letters or numbers, the area of the sign shall be considered as the total area of the smallest rectangle or rectangles which can collectively enclose all of the letters or numbers.
G. Shape: The face of every freestanding sign, except for political signs regulated by §228-252N, shall not contain characters or graphics exceeding 3 inches in relief or projection from the sign face. The maximum distance between the faces of the double-faced sign shall not exceed 18 inches. [Amended 12-27-93 by Ord. No. 93-73]
H. Directory Signs: Each shopping center or multi-tenanted facility may erect no more than three (3) directory signs on the property to provide a listing of occupants. Each sign shall not exceed thirty-six (36) square feet in area and six (6) feet in height. All directory signs shall be located away from major streets and highways.
I. Construction of freestanding signs: Freestanding signs shall be supported by posts or pylons of durable materials which may include concrete, steel, treated wood, other suitable material or any combination of same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.
II. Facade Signs. [Amended 12-27-93 by Ord. No. 93-73; 3-10-97 by Ord. No. 97-8]
A. Unless otherwise provided for, all signs shall relate to the premises on which they are erected.
B. Any signs not specifically permitted are hereby prohibited.
C. Location on buildings: All signs attached to a building shall be attached flat against the facade of the building and shall not project or extend outward beyond the facade to which it is attached by more than eighteen inches (18"). In no case shall any sign erected flat against the side of a building extend above the height of a vertical wall, parapet or cornice to which they are attached. Signs located on a mansard facade shall be attached in the following manner:
1. Flat against the facade; or
2. Attached to the base of the facade and not projecting more than eighteen inches (18") from the facade at the top of the sign. [Amended 12-27-93 by Ord. No. 93-73]
D. Construction of signs flat against buildings.
Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper nonrusting hardware of the expansion type shall be used. The use of wood or fiber plugs is prohibited. All signs must be approved and inspected by the Office of Construction Inspection. [Amended 12-27-93 by Ord. No: 93-73]
E. Where a sign consists of individual letters, symbols, graphics or locos the area of the sign shall be considered as the total area of the smallest rectangle or rectangles which can collectively enclose all of the letters symbols, graphics or logos. [Added 12-27-93 by Ord. No. 93-73]
F. In calculating the size of the facade the width is measured from the exterior walls and the height is measured from grade to the actual roofline of the building. False or parapet walls are not considered in facade calculations. [Added 12-27-93 by Ord. No. 93-73]
G. Notwithstanding anything in this ordinance to the contrary, in no event shall a facade sign exceed four hundred (400) square feet in area. [Added 3-10-97 by Ord. No. 97-8]
III. Awning Signs. [Added 12-27-93 by Ord. No. 93-73]
A. Awning signs may be attached to buildings or structures. Any sign on an awninq will be considered part of the allowable square footaqe of any facade siqn as allowed in each zone with the following projection and height limitations:
1. Minimum overhead clearance shall be 8 feet. Any awning sign may not project over a vehicular right-of-way
2. If the structure has a fringe or valance, such fringe or valance may hang below the ceiling line no more than 12 inches.
3. Awning signs shall be limited to single-story buildings or to the first level only of multi-story buildings. Awning signs on the second story of any buildinq are prohibited.
4. Awning signs attached to buildings must adhere to the required property setbacks.
B.Only the copy area of awning signs shall be considered in the facade siqnaqe square footage limitations. The remaining portion should be considered as awning area only.
[Amended 12-27-93 by Ord. No. 93-73; 3-10-97 by Ord. No. 97-8]
Unless specifically prohibited, all signs may be illuminated as provided for below:
A. Wiring for illuminated signs shall be installed and maintained in accordance with the electrical codes of the Township of East Brunswick and shall be inspected by the Division of Construction Inspection of the township. Any fee for an electrical inspection shall be in addition to the fee provided for in the sign permit.
B. Where illuminated signs are permitted, illumination may be provided by floodlights, spotlights, ordinary incandescent bulbs, fluorescent tubes or mercury-vapor lamps. Regardless of the type of illumination employed, all illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area. [Amended 12-27-93 by Ord. No. 93-73]
C. Decorative neon illumination is permitted.
(1) Decorative neon illumination may be placed on a finished facade only in the HC-2, HC-3 and MXD zones and may not exceed the allowable square footage for facade signs in the particular zone. Decorative neon illumination may not project above the roofline of the structure it is attached to. Decorative illumination may not be placed on any facade which faces any residence or residential zone unless they are separated by a street or other public right-of-way. Decorative neon may not be sequential or flashing.
(2) Permit required. In addition to any requirements of the Uniform Construction Code for the installation of, wiring of any decorative illumination a zoning sign permit shall be required. A zoning sign permit shall be issued by the Director of Planning and Engineering or his/her designee prior to the issuance of a construction permit.
D. Whenever it is determined that the lighting on any sign now or hereafter erected constitutes a safety hazard to motor vehicle traffic in the vicinity, written notice shall be served upon the property owner and owner of the sign, directing them to correct the condition within fifteen (15) days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time specified shall constitute a violation of this section by both the sign owner and property owner. [Amended 12-27-93 by Ord. No. 93-73]
E. Where illuminated signs are permitted, signs facing a residence or residential zone shall not be illuminated between the hours of 10:00 P.M. and 7:00 A.M. the following morning, unless the business or uses advertised are open to the public later than 10:00 P.M., in which event any such establishment may keep a sign illuminated until the business is closed to the public but not thereafter. Except where otherwise permitted, signs installed at a height greater than fifty (50) feet shall not be illuminated. [Amended 3-10-97 by Ord. No. 97-8]
[Amended 5-31-90 by Ord. No. 90-24; 12-27-93 by Ord. No. 93-73]
A. In addition to any requirements under the Uniform Construction Code for construction permits, all signs and advertising displays, other than those expressly provided for in Section 228-252, shall require a zoning sign permit, to be issued by the Director of Planning and Engineering or his/her designee. [Amended 12-27-93 by Ord. No. 93-73]
B. All applications for a sign permit shall be made to the Department of Planning and Engineering on forms provided by the Department. All applications shall be signed by the owner of the sign and the property owner on whose premises the sign is to be erected. All applications shall contain a sketch of the proposed sign, drawn to scale, the wording or message and, where the sign will not be attached to a building, a plot plat showing the location of the proposed sign with tie-ins to the nearest building and lot lines. All applications shall be accompanied by the appropriate fee. [Amended 12-27-93 by Ord. No. 93-73]
C. The application fee for a zoning sign permit is $25.00 and is in addition to any required construction permit fee. [Amended 12-27-93 by Ord. No. 93-73]
D. When an applicant proposes to replace the face of a sign with no changes to the size, shape or location of the sign, the applicant shall submit an application to the Department of Planning and Engineering to amend the permit. If only the wording is to be changed, there shall be no additional fee for the amendment. The intent of this section is to keep the sign permit file consistent with the sign which is to be displayed.
E. All requirements, permits, inspections and fees of the New Jersey Uniform Construction Code, if any, are in addition to this zoning requirement and must be determined by the Division of Construction Inspection. [Added 5-31-90 by Ord. No. 90-24]
All signs and displays shall be maintained in good order and repair. In the event that the Director of Planning & Engineering or his/her designee determines that any sign now or hereafter erected has fallen into a state of disrepair, has become dilapidated or constitutes a safety hazard, the sign owner and property owner shall be given written h notice to correct the condition within twenty (20) days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time provided shall constitute a violation of this section and will result in the issuance of a Municipal Court Summons.
Any party aggrieved by any order, requirement, decision or refusal made by any administrative official or agency shall have the right of appeal to the East Brunswick Township Board of Adjustment as provided for in N.J.R.S. 40:55-39. Where an appeal has been filed, failure to comply with the decision of the Board of Adjustment or any higher court of competent jurisdiction shall constitute a violation of this section.
[Amended 12-27-93 by Ord. No. 93-73; 1125-96 by Ord. No. 96-39]
The following signs shall be permitted in any zone in the township without a permit:
A. Nonilluminated or internally illuminated directional signs identifying parking areas, loading zones, entrances, exits and similar locations. The number of directional signs shall not exceed the number of curb cuts on a lot. The signs may include a business name or professional name but shall not include any advertising message. In shopping centers and multi-tenanted facilities individual tenants shall not have their business or professional names on the directional signs. Only the name of such center or development is permitted on the sign. Signs shall not exceed three (3) square feet in area nor five (5) feet in height.
B. Temporary and permanent traffic signs and signals installed by the township, county and state for the purpose of directing and regulating the flow of traffic.
C. Signs indicating public transportation stops when installed by the township or a public transportation utility.
D. Historic tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil or religious organizations.
E. Warning and no-trespassing signs, not exceeding three (3) square feet in area.
F. Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the federal government.
G. Name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding fifty (50) square inches in area.
H. Lawn signs identifying residents, not exceeding one and one-half (1 1/2) square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamppost if used as a support.
I. Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.
J. Signs which are an integral part of vending devices, including gasoline pumps as well as signage utilized for the sale of merchandise or services being sold or rendered on the premises provided the signs are securely fastened to a structural face or the vending device and provided that they do not exceed three (3) square feet in area. The contents of the sign may only reflect the contents of the vending device or the item being sold on the premises. The sign must be permanent and may not be interchangeable with other signage [Amended 12-27-93 by Ord. No. 93-73]
K. Nonilluminated real estate signs announcing the sale, rental or lease of the premises on which the sign is located. The sign shall only contain the announcement of sale, lease or rental, the name of the broker and phone number. No other advertising material shall be permitted on the sign. Signs shall be removed ten (10) days following sale, rental or lease. The sign may be double-faced and, except as noted below, only one (1) sign shall be permitted on each lot or parcel. The maximum size of the sign shall be in accordance with the following schedule: [Amended 8-28-89 by Ord. No. 89-53; 12-27-93 by Ord. No. 93-73; 11-25-96 by Ord. No. 96-39]
(1) RP, RP-2, R-1, R-2, R-3, R-4, R-5, VGI, VGII, VGIII, VGIIIA, TG, MMHC, MXD/R, HR, HRP, HR/C AND HCR Zones: three (3) square feet. [Amended 12-27-93 by Ord. No. 93-73; 11-25-96 by Ord. No. 96-39]
(2) O-I, C-1, HC, OP-1 and OP-2 Zones: ten (10) square feet.
(3) C-2, C-3, HC-1, HC-2, HC-3, H-1, P-I, I/M, O/I, MXD Zones: One sign on each bordering street to be no larger than forty-five (45) square feet. [Amended 12-27-93 by Ord. No. 93-73]
L. Window signs and interior floor displays which obstruct the window area shall be restricted in order to assure adequate visibility from outside the building subject to the following: [Amended 12-27-93 by Ord. No. 93-73]
(1) Restrictions shall only apply from three feet to seven [six] feet above the first floor elevation. [Added 12-27-93 by Ord. No. 93-73]
(2) Within any five foot measurement of horizontal window space a business must maintain two consecutive feet of open and unobstructed window area. [Added 12-27-93 by Ord. No. 93-73]
(3) Restrictions shall not apply to open lettering printed on windows as long as the lettering does not obstruct vision into the store. [Added 12-27-93 by Ord. No. 93-73]
M. Temporary signs and posts for advertising public functions or fund raising events for charitable or religious organizations shall be permitted for a period of sixty (60) days prior to and during the event and shall be removed within five (5) days after the event. The sign shall be nonilluminated, not larger than twenty four (24) square feet in area, not exceeding eight (8) feet in height and may be erected flat against the building or freestanding. [Amended 12-27-93 by Ord. No. 93-73]
N. Temporary political signs and posts for a period of thirty (30) days prior to an election, which must be removed five (5) days after the election. Political signs in residential zones shall not exceed six (6) square feet, the dimension shall not exceed two by three (2 x 3) feet and they shall not exceed the height limitation for residential zones. Political signs in all other zones shall not exceed the maximum size and height limitation for the zone in which they are placed. [Amended 1-12-76 by Ord. No 75-8-YY; 10-18-76 by Ord. No. 76-8-III; 12-27-93 by Ord. No. 93-73]
O. The street address in block numbers may be placed on the top of the outside edge of the sign frame in a C-2, C-3, HC-1, HC-2, and HC-3 zone. The number shall be a uniform twelve (12) inch height on all freestanding signs and shall not be considered as part of the area of the sign. [Amended 12-27-93 by Ord. No. 93-73]
P. Relocation information signs for a period of thirty (30) days. Relocation signs shall be restricted to the present location of the relocating business and the future location of the relocating business. The signs, one each at the present and the future business sites, shall not be in excess of standards set forth for the zone in which the business is located in.
Q. Construction Signs. One sign announcing the name of architects, engineers and/or contractors and the building enterprise shall be permitted at a site under construction, alteration or repair, provided the sign shall not exceed the standards set forth for the zone in which the construction site is situated, and that the sign shall be removed before a certificate of occupancy is issued. The sign shall not exceed forty five (45) square feet in area and eight (8) feet in height. [Amended 12-27-93 by Ord. No. 93-73]
R. Menu boards not visible from the right-of-way as part of a drive-thru facility. [Added 1227-93 by Ord. No. 93-73]
S. One prices sign per vehicle not to exceed one square foot in area. [Added 12-27-93 by Ord. No. 93-73]
T. Help Wanted Signs. One (1) sign announcing an available position, the establishment (employer) and contact phone number not to exceed six (6) square feet in area. The sign may be of a temporary nature but must be securely and safely fastened to the building facade or an existing freestanding sign on the premises of the establishment. The sign must be removed within five (5) days of filling the announced position.
U. Farm stands for the sale of farm produce grown on the premises may have two (2) freestanding signs, each not larger than twelve (12) square feet in area and not exceeding eight (8) feet in height. In addition, one (1) sign no larger than twenty (20) square feet in area may be erected flat against the face of the farm stand or farm building where the produce or products are sold.
[Amended 12-27-93 by Ord. No. 93-73]
The following signs are prohibited in all zones in the township.
A. Signs using red, yellow and green lights placed within one hundred (100) feet of any traffic control signal now or hereafter erected.
B. Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lightings.
C. Any sign which, in the judgment of the Director of Public Safety, unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.
D. Roof signs on buildings, structures, and vehicles. [Amended 12-27-93 by Ord. No. 93-73]
E. Signs or advertising matter of an indecent or obscene nature.
F. Signs using words such as "stop", "look", "danger", etc., which are placed in a manner or position which, in the judgment of the Director of Public Safety, constitutes a traffic hazard or otherwise interferes with the free flow of traffic.
G. Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency
H. Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected, except for billboards as a conditional use in the P-I and C-2 zones. [Amended 2-14-00 by Ord. No. 00-2]
I. Signs causing interference with radio or television reception.
J. Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
K. Flags, banners, string of banners, pinwheels, A-type signs, sandwich-type signs, sidewalk signs, curb signs and similar advertising devices, except as provided for in §228-256C.
L. Any sign or banner spanning a public street. [Amended 10-29-74 by Ord. No. 74-8-00]
M. Signs placed on trees, fences, utility poles, light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, [but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein]. [Amended 12-23-68 by Ord. No. 68-8-U]
N. Any series of two (2) or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.
O. Signs on vacant property advertising a proposed use without prior issuance of Township
Planning or Zoning Board approval for the proposed use.
P. Signs with manual or electronic changeable type or symbols except for movie marquees and signs indicating the time and temperature only. [Added 12-27-93 by Ord. No. 93-73]
Q. Any sign which is inflatable, airborne, floating or of a balloon type including but not limited to search lights, balloons, dirigibles and blimps.
R. Portable or permanent search lights.
