A. Applicability of regulations. The following regulations shall apply to all signs and outdoor advertising and shall be in addition to other regulations for specific uses elsewhere in this chapter.
B. Sign erection permit required. No sign, either permanent or temporary, shall be constructed or displayed unless a sign construction permit shall have first been obtained from the Zoning Officer and, where sign construction is involved, unless a building permit shall have first been obtained from the Construction Official, unless specifically exempted. When a business use removes from a structure or land all nonconforming signs pertaining to that business, any new sign erected at such location shall comply with the requirements of this chapter.
C. Regulations applicable to all zones. The following general provisions are applicable to all zones:
(1) Unless otherwise provided for, all signs shall relate to the premises on which they are erected.
(2) Any signs not specifically permitted are hereby prohibited.
(3) Signs, whether portable, permanent or temporary, other than municipal, county or state signs, shall not be erected within the right-of-way of any street or approved sight easements, nor shall any sign be located so as to constitute a traffic hazard.
(4) The top of freestanding signs shall not exceed the height limit of principal structures in the zone where located or 35 feet, whichever is less. Signs attached to a principal structure shall not extend above the roofline or parapet. Where the face of a sign has openings or is of an irregular shape, the area of the sign, exclusive of supporting members, shall be considered as the total area of the smallest rectangle that can enclose the sign.
(5) The area of a sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. No portion of the supporting members of any sign which is used solely for such purpose shall be included when computing the area of any sign. For signs with two display faces, the maximum area requirement shall be permitted for each face. Signs with more than two display faces are prohibited. Signs within the interior of a structure designed to be seen and read from the exterior shall be considered as part of any maximum sign area.
(6) The use and display of strings or streamers of flags, pennants or spinners or similar objects and devices across, upon, over or along any premises or building, whether as a part of any sign or for advertising or public attraction or otherwise, is prohibited in any zone; provided, however, that this provision shall not apply to decorations customarily used for locally celebrated holiday display or Borough celebrations.
(7) The "vertical height" of a sign shall mean and include the largest vertical height of the background upon which the lettering, illustration or display is presented. This shall not include the supporting members of any sign which are used solely for such support. If the letters, illustration or display are attached directly to the face of a building, the height of the sign shall be the height of the largest letter, illustration or total display, whichever is the greater.
(8) Freestanding signs shall not be supported with guy wires.
(9) Advertising or identification of an establishment painted on the surface of a building shall be considered part of the regulation of this chapter.
(10) Signs attached to the side of a building shall not extend more than 12 inches from the face of the building.
(11) Whenever a sign becomes structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person, firm or corporation owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
(12) Signs shall not be painted on or affixed to water towers, storage tanks, smokestacks or similar structures.
(13) The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.
(14) Facade signs and freestanding signs for office, commercial and industrial uses may be internally illuminated.
(15) One nonflashing sign identifying a church, public building, playground or other such permitted use and not exceeding 10 square feet in area on any one side and located not less than 10 feet from any street or property line shall be permitted for each of the aforementioned permitted uses.
(16) One nonflashing sign advertising a farm or nursery activity having not more than 20 square feet in area on any one side and located not less than 10 feet from any street or property line shall be permitted for each of the aforementioned permitted uses.
D. Prohibited signs. The following signs are prohibited:
(1) Moving or revolving signs and signs using waving, blinking, flashing, vibrating, flickering, tracer or sequential lighting, except for time-and-temperature signs and changeable copy displays.
(2) Signs using words such as "stop" and "danger" or any other sign which, in the judgment of the Police Chief of the Borough, constitutes a traffic hazard or otherwise interferes with the free flow of traffic.
(3) Roof signs.
(4) Signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other sign not related to the premises on which the sign is erected.
(5) Signs causing interference with radio or television reception.
(6) Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
(7) Signs placed in awnings, trees, fences, utility poles or signs attached to other signs, except that small political signs 620 square inches in area or less may be wired to trees upon permission of the owner.
(8) The use of flags and pennants. [Amended 6-30-1997 by Ord. No. 24-97]
(9) Except as otherwise expressly permitted in and by the provisions of this chapter, no sign shall be placed or located or displayed upon any public sidewalk or within the limits of any public street or right-of-way or project over any sidewalk or public right-of-way.
E. Permitted signs in single-family detached residence areas. The following signs are permitted in R-1, R-2 and R-3 Zones and in the R-2T Zone, except for a townhouse development, and in the single-family detached residence portion of RPD and MPD Zones:
(1) Nonilluminated directional signs identifying parking areas, entrances, loading zones, exits and similar locations and not exceeding three square feet in area.
(2) Nameplate and identification signs for single-family dwellings. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than two square feet. A permitted home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
(3) Temporary signs advertising major subdivisions or temporary signs advertising construction or alteration of residential buildings in accordance with Subsection H(1) and (2) of this section.
(4) Temporary nonilluminated real estate signs announcing the sale, lease or rental of the premises on which the sign is located in accordance with Subsection H(4) of this section.
(5) Temporary and permanent traffic signs and signals or other signs installed by a government agency.
(6) Religious institutions, hospitals, nursing homes, private schools and service organizations may have one freestanding or wall sign not exceeding 20 square feet in area.
(7) Where doctors' and dentists' offices are located, one customary professional sign or nameplate sign not more than two square feet in area may be permitted. If such sign is illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property, unless it is a porch light or lamppost light.
(8) One nonflashing sign identifying farms, public and private parks and recreation areas and not exceeding 30 square feet in area on any one side, and further provided that such sign shall not be closer than 10 feet to any street or property line.
(9) Temporary signs advertising public and charitable purposes and events in accordance with Subsection H(5) of this section and temporary political signs in accordance with Subsection H(6) of this section.
F. Signs permitted in a townhouse development and RPD and MPD Zones. The following signs are permitted in a townhouse development and RPD and MPD Zones:
(1) Directional signs, each not to exceed two square feet in area, indicating the residence or the office of the manager or superintendent of the development and traffic regulatory signs, not to exceed three square feet in area, indicating entrances to and exits from the premises, the direction of traffic flow on driveways and the location of parking areas or of accessory service and utility facilities.
(2) Temporary construction signs in accordance with Subsection H(2) of this section.
(3) Nameplate and identification signs for each single-family dwelling unit. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than 144 square inches. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
(4) Temporary and permanent traffic signs and signals or other signs installed by a government agency.
(5) Temporary nonilluminated real estate signs in accordance with Subsection H(4) of this section. There shall be one location for the entire development where such a sign may be posted, and there shall be only one for the entire development.
(6) A permanent sign as approved by site plan review indicating the name of the development.
G. Permitted signs in B-1, B-2, B-3, M-1 and M-2 Zones and in the M-1-type and B-2-type portion of the MPD Zone. In the B-1, B-2, B-3, M-1 and M-2 Zones and in the M-1-type and B-2-type portion of the MPD Zone, all signs are permitted as in all residential zones. In addition, signs as hereinafter regulated are permitted, provided that no sign shall be permitted which is not accessory to a use, business, product, commodity, service, activity or entertainment and manufactured products sold or conducted on the property, and then only if the following requirements are complied with:
(1) Each sign permit application shall include details on:
(a) Letter style.
(b) Lighting.
(c) Color.
(d) Construction and materials.
(e) Height and dimensions of the sign.
(f) Height above grade or below the roofline.
(g) Locations.
(h) Standards.
(2) The sign shall be based on an integrated design theme to include all of the elements mentioned in Subsection G(1) above. All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of principal structures and the landscaping plan.
(3) The total area of all signs affixed to a structure shall not exceed 10% of the building facade of the structure to which said signs are attached. The Planning Board may permit a total sign area of up to 15% of the building facade if, in its judgment, such additional area shall assist in developing a harmonious and integrated design consistent with the goals and objectives of this section. [Amended 10-5-1995 by Ord. No. 23-95]
(4) Freestanding signs to be located on poles, kiosks, stanchions or similar supports shall not exceed the height limit of the principal structures permitted in the zone or 35 feet, whichever is less. Such signs shall have an area not in excess of one square foot of sign space for every linear foot of property or street frontage along which the sign is placed but in no event greater than 150 square feet. The Planning Board may permit a total sign area of up to 200 square feet if, in its judgment, such additional area shall assist in achieving the goals and objectives of this subsection. Only one such freestanding sign shall be permitted on any single property, regardless of the number of establishments on the property, except that the Planning Board may authorize an additional freestanding sign if the property has access from more than one public street. [Amended 10-5-1995 by Ord. No. 23-95]
(5) If, as part of the consideration of a use D variance, the Zoning Board of Adjustment is reviewing a site plan in conformance with Chapter 191, then the Zoning Board will replace the Planning Board in Subsection G(1) through (4) above.
(6) No sign shall be located closer than 10 feet to any lot line, except traffic signs and other signs installed by governmental agencies, provided that the sign does not interfere with sight lines and safety or any other provision of this chapter.
(7) Only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted to be erected. Coming events, community bulletin boards and time-and-temperature signs shall also be permitted.
(8) Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to remove any remaining or derelict on-premises signs following notification by the Borough and at the expense of the owner of such property. Where due written notification has been given by the Borough and compliance has not been made within the required ninety-day period, the Borough may cause removal of such sign and charge the cost of such removal to the owner.
H. Temporary signs.
(1) Signs advertising construction or alteration of residential buildings or construction on residential properties. No temporary sign which advertises for the construction or alteration of a residential building and/or construction or alteration performed on residential property shall be larger than 24 square feet in area. Said temporary sign shall be removed prior to the issuance of the certificate of occupancy or certificate of approval for which the construction permit was issued or before the first certificate of occupancy/certificate of approval is issued, if said premises are subject to more than one construction permit. Under no circumstance shall a temporary sign be posted for a period greater than six months from the date of issuance of the permit for said temporary sign. A separate construction permit is required for all temporary signs 620 square inches (4.30 square feet) or greater. Signs less than 620 square inches are permitted to be displayed for a period of time not exceeding 30 days or from the date of the issuance of a construction permit, during the construction, and for a period of 10 days after the completion of construction, whichever is less. [Amended 10-20-2004 by Ord. No. 34-2004]
(2) Temporary signs advertising major subdivisions. Any sign advertising a major subdivision comprising three or more home sites shall not exceed 24 square feet in size and shall be removed within one year after an occupancy permit has been issued for the first residence constructed in said subdivision or one year from the date of the issuance of the permit for erection of said temporary sign, whichever period is less. A separate construction permit is required for temporary signs 620 square inches or greater. [Amended 10-20-2004 by Ord. No. 34-2004]
(3) Temporary signs advertising nonresidential construction or construction on nonresidential properties. A temporary sign advertising the construction or alteration of a commercial, business, institutional or industrial structure or property, which is intended to be displayed prior to or during such period of construction or alteration, shall not exceed 100 square feet in area and shall be removed when the first certificate of occupancy for said building or structure or unit or portion thereof is issued, if the same is to be subject to more than one occupancy, or one year from the date of issuance of the permit for said temporary sign, whichever period is less. A separate construction permit is required for temporary signs 620 square inches or greater. Signs less than 620 square inches are permitted to be displayed for a period of time not exceeding 30 days or from the date of the issuance of a construction permit, during the construction, and for a period of 10 days after the completion of construction, whichever is less. [Amended 10-20-2004 by Ord. No. 34-2004]
(4) Temporary real estate signs. [Amended 9-2-1993 by Ord. No. 16-93; 3-14-1996 by Ord. No. 8-96; 10-3-2007 by Ord. No. 22-2007]
(a) Temporary on-site real estate signs; sale or rental signs. Up to two signs advertising property that is for sale or for rent may be placed on any property in any zone and must comply with the following requirements:
[1] They shall not be illuminated.
[2] They shall pertain only to the lease or sale of the property upon which they are placed, except as set forth in Subsection H(4)(a)[3].
[3] If the property for sale is on the last block of a dead end street, an additional two signs may be placed off site at the corner of the beginning of the street within the public right-of-way or on private property with advance permission.
[4] For residential property, each said sign shall not exceed 620 square inches in area.
[5] For any vacant property in a nonresidential zone or commercial property, the maximum size of each such sign shall not exceed 24 square feet.
[6] Said signs shall be removed within six months or 48 hours after signing of a lease or the transfer of title of the advertised premises, whichever comes first.
[7] No sign construction permit shall be required for real estate signs to be erected and displayed in accordance with the provisions of this subsection, but a zoning permit is required for any temporary real estate sign that is not for a single-family detached residence which exceeds 620 square inches in area.
[8] Any sign erected pursuant to this subsection may have advertising on two sides. Any sign erected pursuant to this subsection may have advertising on two sides.
[9] Any sign erected pursuant to this subsection may not be placed upon Borough-owned property, except as permitted herein, and must be placed so as not to interfere with traffic or with the vision of any person traveling on the streets or roads of the Borough. Any sign erected pursuant to this subsection may not be placed upon Borough-owned property, except as permitted herein, and must be placed so as not to interfere with traffic or with the vision of any person traveling on the streets or roads of the Borough.
(b) Temporary real estate open house signs. Up to five temporary on-site or off-site signs advertising an open house, or other similar promotion, may be erected during the actual one-day twenty-four-hour period of said open house or promotion. Each such sign must not exceed 620 square inches and may be placed on Borough property, but must be placed in a manner so as not to interfere with the use of any Borough right-of-way or with the view of any driver on said roadway. Permission shall be obtained from the owner of any private property upon which such a sign is to be erected. Said sign may include balloons or other appendages, provided that said balloons or appendages are removed within the time period provided herein.
(c) Both the property owner and real estate broker who advertises a property pursuant to this subsection shall be held responsible for compliance hereunder. Both the property owner and real estate broker who advertises a property pursuant to this subsection shall be held responsible for compliance hereunder.
(5) Temporary signs advertising public and charitable purposes and events. Temporary signs advertising public or charitable purposes or events may be placed on property owned by an organization conducting the event or on property taxed or zoned for business or light manufacturing use, subject to the following requirements:
(a) No such sign shall advertise, promote or be for the special advantage or benefit of any individual, company, business use or establishment or product.
(b) No sign shall be erected more than 28 days before the event is to take place, and all signs shall be removed within 48 hours after the event. [Amended 9-2-1993 by Ord. No. 16-93]
(c) Construction permits are required, but the fees shall be waived.
(d) The owner of the property where the sign is located shall not charge for the privilege of having the sign on the property.
(e) The sign shall conform to the other requirements for signs in the zone in which the sign is located.
(f) The sign shall not exceed 32 square feet in area.
(g) The application for the sign shall contain the signature of the owner of the property, indicating consent, and the signature of an authorized representative of the organization, indicating the organization is responsible for the sign.
(h) No more than four signs shall be permitted for any one event. Further, no event may continue on more than three consecutive days. Each organization is limited to four events per year, covering a total of seven days or less.
(i) The events must be sponsored by a recreational, charitable, social or service organization or religious institution located within the Borough of Hopatcong, and provided that a permit for such specific event has, after proper application, been granted by the Zoning Officer of the Borough of Hopatcong. Auxiliaries to organizations or groups within a religious institution will not qualify as separate organizations in determining the number of permits. The auxiliary and parent organization shall count as one, as will all the groups in total within a religious institution be counted as one and be limited to a total of four permits.
(j) Permits are not required for signs of 600 square inches or less in area, nor is there a number limit, but the time limits of Subsection H(5)(b) shall apply. [Added 12-1-1994 by Ord. No. 29-94]
(6) Temporary political signs. Temporary political signs shall be permitted, subject to the following restrictions:
(a) No sign shall be erected more than 30 days before the election is to take place, and all signs shall be removed within 48 hours after the election. Construction permits are required, but the fees shall be waived. [Amended 9-2-1993 by Ord. No. 16-93]
(b) The owner of the property where the sign is located shall not charge for the privilege of having the sign on the property.
(c) The sign shall conform to the other requirements for signs in the zone in which the sign is located.
(d) The sign shall not exceed 32 square feet in area.
(e) The application for the sign shall contain the signature of the owner of the property, indicating consent, and the signature of the candidate or candidate's authorized representative, indicating the person responsible for the sign.
(f) The signs shall not number more than five for any election with any one candidate's name for a particular election. Where the names of two or more candidates appear on a sign, the sign shall be counted once for each of the candidates.
(g) Permits are not required for signs of 620 square inches or less in area, nor is there a number limit, but the time limits of Subsection H(6)(a) above shall apply. The candidate shall be responsible for all signs posted in the candidate's name.
(7) Temporary commercial signs may be displayed in any store window as shown upon an approved site plan. The area of any such commercial sign affixed to the surface of a window shall not exceed an area equal to 50% of the window area on which the sign is affixed. The area allowance shall not be included in any computation of area allowances for other signs as provided herein. [Added 10-5-1995 by Ord. No. 23-95]
(8) Temporary commercial special event banners or signs. Temporary signs or banners advertising grand opening events, Borough-wide celebrations or special sales events shall be permitted under the following conditions: [Added 10-5-1995 by Ord. No. 23-95]
(a) Grand opening events. One sign or banner not exceeding 32 square feet designed to advertise a grand opening celebration may be erected on a commercial premises subject to said grand opening for a period of two weeks (14 days) prior to said grand opening and for one week (seven days) after said opening; and further provided that said commercial premises is otherwise operating in accordance with a valid site plan approval pursuant to Chapter 191 of the Code of the Borough of Hopatcong. Any commercial use wishing to utilize this provision must notify the Zoning Office, in writing, of the date(s) of the grand opening event and the dates of the display of the temporary sign or banner.
(b) Borough-wide celebrations. Temporary commercial banners or signs not exceeding 32 square feet designed to advertise a specific Borough-wide event or business promotion may be permitted up to four occasions per year. Each such Borough-wide event, promotion or occasion shall be recognized by resolution of the Mayor and Council, and all such banners or signs must be located on a commercial premises participating in said event. Only one such banner per commercial use shall be permitted. Any such sign or banner permitted hereunder shall not be displayed more than two weeks (14 days) prior to said event or promotion and must be removed no later than one week (seven days) after said event or promotion.
(c) Special sales events. Temporary commercial banners or signs not exceeding 32 square feet designed to advertise a special sales event specific to the business at the premises may be permitted up to 12 occasions per year. Only one such banner per commercial use shall be permitted at any time. Any such sign or banner permitted hereunder shall not be displayed for a period in excess of 14 days. Any commercial use wishing to utilize this provision shall notify the Zoning Officer, in writing, of the dates of the special sales event and the dates of the display of the temporary sign or banner. [Amended 10-3-2007 by Ord. No. 22-2007]
