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HomeMy Public PortalAboutordinance 03:24Councilman Presents the following Ordinance Seconded by Councilman AMENDING AND SUPPLEMENTING § 160-113~ ENTITLED "SIGNS" OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED by the Mayor and Borough Council of the Borough of Carteret (the "Borough") as follows: Section 1. §160-113 "Signs" is hereby amended and supplemented to add the following subsection: Purpose and Intent. The purpose of this section is to: 1. Protect the public health, safety and welfare by restricting signs which violate privacy, or which increase the probability of accidents by distracting attention or obstructing necessary lines of sight. 2. Encourage signs which promote a desirable visual and esthetic environment through creative yet orderly design arrangements. 3. Encourage signs which aid orientation, identify activities, describe local history and character or serve other educational purposes. 4. Ensure the replacement of nonconforming signs with conforming signs through strict enforcement of the procedures and requirements of this section. Section 2. The following definitions set forth in §160-113A. "Definitions" are hereby amended and supplemented to read as follows: BILLBOARD- Any sign erected or maintained for the purpose of displaying outdoor advertising for products or services provided off-premises, which includes any sign used to identify the product made or the activity being pursued by an individual, service, business, commercial or industrial enterprise intended to advise the public of the locations of such enterprise and/or type of activity in which it is engaged. PROJECT SIGN- Projecting sign shall mean a sign other than a wall sign, which projects from and is supported by a wall cfa building or structure. Section 3. §160-113A. "Definitions" is hereby amended and supplemented to include the following additional definitions: INCIDENTIAL SIGN - A sign generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," entrance," "loading only," "telephone," and other similar directives. No sign with a commerical message legible from a position off the zone lot on which the sign is located shall be considered incidential. NON-COMBUSTIBLE MATERIAL "Non-combustible material" is any material which will not ignite at, or below a temperature of one thousand two hundred (1200) degrees during an exposure of five (5) minutes, and which will not continue to bum or glow at that temperature. Tests shall be made as specified in U.B.C. Standard No. 4-1. NO. 03-2/4 PAGE. 2 PROJECTION Projection means the distance by which a sign extends over public property or beyond the building line. Section 4. The following provisions of §160-113B. "Permit required; issuance of permit; fees" are hereby amended and supplemented to read as follows: B(1)(c). Application for a permit for a sign which does not comply with the provisions of this article shall be submitted to the appropriate approving authority. B(3)(b). Residential nameplate sign showing the name and/or address of the house or family, not larger than one (1) square foot in area. Not more that one (1) such sign shall be erected for each dwelling unit. B(3)(c). Identification signs for a permitted home professional office, provided that such signs are limited to no more than one wall or ground sign per building, are not more than two (2) square feet in area, and ifa ground sign is not more than four (4) feet in height for lawful occupants of the premises under the Zoning Ordinance. B(3)(d). A name announcement sign accessory to a chumh or other place of worship, a public or quasi-public building and any permitted institutional or similar use shall not exceed twenty (16) square feet in area and shall not be more than six (6) feet in height. Such sign may only be interior lighted. Not more than one (1) such sign shall be permitted on a lot. B(3)(k). Election or political signs provided that said signs are placed entirely on private property. Election or political signs must be removed no later than 10 days after the election for which the sign was posted. Section 5. §160-113B(3). "Exceptions" is hereby amended and supplemented to add the following paragraphs: (1) All schools public and private that are in residential zones shall be allowed to install wall and free standing signs as per the commercial zone standard of the Borough of Carteret Land Development Ordinance. (m) Signs erected to announce a garage sale shall not be erected more than five (5) days prior to the date of sale and may be up to 6 sq. fl. (3' x 2') in size and shall be removed within 24 hours of the completion of the garage sale as advertised. Section 6. The following provisions of §160-113 D. "Regulations governing nonresidential signs" shall be amended and supplemented to read as follows: D(1)(a). One (1) freestanding single or double faced identification sign shall be permitted, provided that the aggregate area of all sides of such sign shall be in accordance with the following schedule: Gross Floor Area Aggregate Sign Area (Square Feet) (Square Feet) Under 5,000 40 5,001 to 15,000 60 15,001 to 30,000 80 30,001 to 50,000 100 50,001 to above 150 NO. 03-24 PAGE 3 Any commercial building having over one hundred thousand (100,000) square feet of gross floor area may have two (2) freestanding signs. The total area of both signs shall not exceed the aggregate limitations within the schedule. D(1)(b). Such signs shall not exceed a height of twenty-five (25) feet, measured from the ground level to the topmost portion of the structure (including any supporting frame.) Supporting frames for all such signs shall be of permanent materials, such as steel or concrete. All such signs must be placed upon the property at a location which is set back at least ten (10) feet from any boundary line of the property. D(l)(e). Such signs shall be interior illuminated with non-glaring lights. D(2)(a)[6][a]. Each commercial use in a building in any Business Zone shall be entitled to a wall sign, but in no event shall the total square footage of all wall signs exceed 10%o of the square footage of the front facade, including windows, but in no event shall the maximum size exceed one hundred (100) square feet. Such signs may be lighted. D(2)(a)[6][b]. Delete existing text and replace with the following: The horizontal linear dimensions of wall mounted signs in the Industrial Zone shall not exceed 30% of the width of the building wall to which it is to be affixed. The maximum height of such sign shall not exceed two feet if the building wall is 40 feet or less in width; 21/2 feet if the building wall is more than 40 feet but less than 80 feet in width; and three feet if the building wall is 80 feet or more in width. D(2)(a)[6][c]. Delete. Section 7. The following provisions of §160-113F. "Temporary signs" shall be amended and supplemented to read as follows: F(4). Nothing contained herein shall be deemed to permit the erection or installation of any signs upon any pole or tree located on public property or within the public right-of-way within the Borough of Carteret, and their erection or installation is hereby specifically prohibited. This section shall not be deemed to prohibit temporary lawn signs or street banners as set forth elsewhere in this chapter. All seasonal signs or signs advertising bazaars, fairs, circuses, carnivals, etc., or other occasional signs shall be displayed not more than 30 days prior to no more than 10 days subsequent to the seasonal event or occurrence advertised and shall not exceed 16 (sixteen) square feet. Responsibility for the removal of such seasonal or occasional signs shall be that of the person, firm, corporation, organization or activity advertised. F(5). Banners, flags, and streamers which announce, or are used as part ora decorative scheme designed to draw attention to the announcement of, the opening or reopening ora business venture in commercially zoned areas. Such banners, flags, and streamers shall not be put in place prior to fourteen (14) days before the first day any member of the public is permitted to enter the business facility, and shall be removed within thirty (30) days of the first day on which any member of the public is permitted to enter the business facility. Section 8. §160-113F. "Temporary Signs" is hereby amended and supplemented to add the following paragraphs: F(6) Projecting signs. a) A projecting sign must not exceed eight (8) square feet. b) The outermost edge ora projecting sign must not extend more thah four (4)feet from the building to which it is attached. c) The bottommost edge ora projecting sign must not be less than NO. fl~l-9/, PAGE /t. eight (8) feet from the ground. d)Projecting signs must project from a building at an angle of ninety degrees (90°). e)A projecting sign must be located at the level between the first and second stories of a building. f') When more than one (1) storefront occupies a single building, all - projecting signs must be hung at the same height. g) Projecting signs must be constructed of wood or metal. h) Projecting signs must be two-faced. F(7). Window Signs. (a) Permanent window signs must not occupy more than ten percent (10%) of the total area of the window in which the sign is located. The area of the window sign will be counted as part of the total signage area allowed for the business. (b) Temporary window signs are subject to the following restrictions. [1] Such signs shall be removed within thirty (30) days after erection. [2] The date on a temporary sign is initially displayed must appear on its face. [3] Temporary window signage may not exceed twenty percent (20%) of the total window area. [4] Community service advertisements shall be included within the aggregate space and time limitations set forth herein. [5] All such signs shall be of professional quality. (c) All window lettering and signs shall be kept in good repair. F(8). All other temporary signs One (1) temporary sign shall be permitted announcing that the property on which it is located is for sale or rent, provided that such sign shall be displayed for only so long as such property is for sale or rent. Unless such sign is attached to the principal building, it shall be no closer that ten (10) feet to any property line. Such sign shall not exceed six (6) square feet in size nor more than four (4) feet in height. Section 9. The following provision of §160-113H. "General regulations for signs" is hereby amended to read as follows: H(6). No sign shall have more than four colors, inclusive of its background, frame and decorative parts. For the purposes of this chapter, black and white shall be considered colors. Notwithstanding anything herein to the contrary, in such instance where black or white shall be used in the formation of a sign as aforesaid, then in such instance either of such may be used as a fifth color Section 10. §160-113H. ~'General regulations for signs" is hereby amended and supplemented to add the following paragraphs: NO. 03-24 PAGE 5 (13) A change of business name or any other item of information on an existing sign constitutes a new sign and requires a permit. Section 11. §160-113L "Billboards" shall be amended to add the following paragraph: (8) A change of business name or any other item of information on an existing billboard constitutes a new sign and requires a permit. Section 12. All Ordinances or parts thereof inconsistent with the provision of this Ordinance are hereby repealed limited to the extent of any such inconsistency. Section 13. If any section, paragraph, sub-division, clause or provision of this Ordinance is adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective. Section 14. This Ordinance shall take effect upon its passage and publication according to applicable law. DO Nut USE SPACE IIP2LOW Tills LINE RECORD OF COUNCIL VOTI~-; TL ~APLES SITARZ PARISI SOS~O~SKI X - Indicate Vote AB - Abscn~ NV - Not Vt~ting XOR - lndict~lcs Vole to Overrule Veto Adopled on first reading of the Council of file Boroagh of Carlerel. N.J., m~ h~ly q, ~ffi1 Adopted on second reading after hearing on A~G~ST 16 ~ 2003 Affidavit of Publication Publisher's Fee $271.04 Affidavit Charge $20.00 State of New Jersey } ss. MIDDLESEX COUNTY , ,~il~"-~ Personally appeared LINDA DIAZ ~~" -~%~'~ of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the sald newspaper 1 (ONE) times, once In each Issue, as follows ?/29/03. A,D.,2003 ~ pATRIC, IA W. TOWNS_ ,D NOTARY PUBDC¢ 3 RSCY Sworn and subscrl~ before me this N0tar~ ~bliE0f ~ew Jersey / .... ~UGH 0F CAETERET "Pe,m~ req~ired; issuance of does not comply with the p~ovisions of this article ENTIT~D ~ SIGNS" OF THE COnE OF THE shall be submitted to the appropriate approvin~ BOROUGH OF CARTERET authority. BE IT ORDAINED by the Mayor end Borou[h B(3)(b). Residential name late sig~ showin~ the ou[h") es follows: ler~er then one ([) square foot in area. Not more Se~on I ~1~-113 "Stg.s" is here~y amended that one [ such si~n shall be erected for each The purpose of this section is to; limited to no more then one wall or ~round sign [. Pro eot the public health safer and welfare by restricting signs which violate privacy, or per buildin~ ere not more than two (2) Square which increase the probability of accidents by four (4) feet in heigh~ for lawful occupants of the dlstrectin~ attention or obstructin~ necessary remises under the Zonin~ Ordinaoce. lines of sight. ~(3)(d) A name announcement sign accessory to 2. E~coMr~e si~s which promote e desirable a church or other piece ownership, e public or visual end esthetic environment through ere- ~uasi-publlc buildin~ and a~y permitted institu~ ative yet orderly desi n arran[ements activities, describe local history and character square~ feet in area and shall not be more thio six 6 feet in height Such sign may only be interior o se ve other educational purposes. I g~ted. Not more ha~ one ([) such sign shall be 4. Ensure the re lacement of nonconforming s~ns with con~rmin~ sips throu[h strict en permitted on a Int. B 3 k Election or political signs provided that forcement of the procedure end requirements sai~ signs ere pieced entirely on private property of this section E action oroolitical siEns must be removed ~160-113A. ~Defi~itions" are hereby emended and supplemented to read as Se~ion 5. ~16~113B(~). "Exceptions" is hereby the u pose of displaying outdoor advertisin for pro~cts or services provided off ~remises, ~ich [) A schoo s public end private that ere in nc udes soy sig~ used to identl~ the product res dent al zones shall be allowed to install wa end free standin signs as per the commercial made or the acbvity bein~ pursued by en individu- zone standard o~the Borough of Certe¢et Land al, service, business, commercial or industrial Development Ordinance enterprise intended to edvlse the ~ublic of the (m) S ~ns erected to announce ~ stage sale shall locations of such enterprise and/or type of ectivi- not be erected more then five ~ days prior to ~ROJECT SIGN ~roectin[ sign shall mean e in size and shall be removed within~4 hours of end is supported by a w~ll of a buildin~ or Se~on6 Thefo ow~gprovisio~sof~160-113D. amended and supplemented to in- ment~ to read as follows: clyde the following additional defini- tions: ace~ dentiflcation men shall be permitted, pro iNCIDENTAL S GN A sign [enerally informe v dad that he a~re[ete eree of al~ s~des of such tlonal tha has a purpose secondary to the use of si n sha~l be in accordance with the foltowin~ the zone lot on which it s ocs ed, s~ch es "no s~edule: hone,' end other s milar directives, No si n with ~ commercial message leaible from e posi~on off Square feet) ~quare Feet~ ~nder 5,000 the zone lot on which the si~n is located shall be 5,O0~ to ]5,000 considered incidental. ]5,00[ to 30,000 NON-COMBUSTIBLE MATERIAL - "Non-combus- 30.ooz to 50,000 ]oo t b e matedaJ" is any materiel which will not i nite et, or below a temperature of one thousan~ wo 50,00~ to above Any comma c a buiJdin[ havin over one hundred hundred ]200) de,tees du~in an exposure o~ housend [00 000) squere ~et of ~ross floor five (5) mlngtes, end wh ch wi~ not continue to burn or 8iow at that tern eratgre Tests shall be which a sign extends over public property or (Page I of~22469) beyond the building line lrames for all such signs shall be o permanen~ either of such may be used as a fifth color, Sec4ion 10. ~160-113H. "General re ulations for D(2)(a)J6] Iai - Each commercial use in a buildin a new si n and re uires a ermlt. n any Business Zone shall be entitled to a wa~ Section ~. ~150-~13L "l~)illboards'' shall be ootaae of the front facade, includin~ windows, be hted not exceed two feet if the building wall is 40 feet d cat on a~alP apply only to D(2)(a) 6 c Delete. Section 14. This Ordinance shall take effect Sect on ~ IL~e following ~rovisions of ~160-113F. its passage and publication according F(4) Noth n8 con1~alined herein shall be deemed meetln~: of the Council of the Borouah of Carteret not extend more ~[[~an fou ~) feet from the ~(~) W ndow Signs. hereby amended to react as fo~ows: Affidavit of Publication Publisher's Fee $14.96 Affidavit Charge $20.00 State of New Jersey } ss. MIDDLESEX COUNTY Personally appeared LINDA DIAZ of the Home News '1'ribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONEI times, once In each Issue, as follows 8/20/03, ~Y C0MMIS~0N ~PIRES OCT. 2, 2~5 sworn and subscrlb~ before me this Notary Pubic of New Jersey ~ROUGH OF CB~RE ORDINANCE ~03-24 AMENDING AND SUPP~MENTING 160-11~ OUGH OF CARTERET INTRODUCED: JULY g, 2~ Advertised es adopted on first reading with notice Advertised as finally adopted: AUGUST ($14.96~ 18115 BOARD OF CHOSEN FREEHOLDERS David B. C,r.Sblel, Freeholder Director Stephea°J. "Pete" Dailna, Deputy Director Jane Z. Brady Camille Fornicate j H. James Polos John A. Putomena Christopher D. Rafano Freeholders PLANNING BOARD R Thomas F. Boylan, III, Chairman Henry L. Miller, Vice Chairman Dorothy K. Power, Secretary o teven D. Cahn, Esq., Counsel S�Q Z� Freeholder Camille Fernicola, tY' Chairwoman, Department of G ' Engineering & Planning COUNTY OF MIDDLESEX DEPARTMENT OF PLANNING Environmental, Parks and Comprehensive Planning Division 40 Livingston Avenue New Brunswick, New Jersey 08901 732- 745 -3016 Fax 732745 -3011 Ms. I {athleen Barney, Municipal Clerk Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Dear Ms. Barney: September 10, 2003 George M. Ververides, PP, AICP Director of County Planning William J. Kruse, PP, AICP Assistant Planning Director This is to acknowledge receipt and filing of the following development regulation or master plan or revision or amendment of either: z 1 1= 1 : r 1. 03 -21 Amends HI -A Heavy Industrial Zone 2. 30.24 Amends sign provisions of land use ordinance This document, if a development regulation or amendment thereto, has been filed with the Middlesex County Planning Board as per the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, C.40:65D -16, as amended, which reads in part: Development regulations, except for the official map, shall not take effect until a copy thereof shall be filed with the county planning board. A zoning ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the land use plan element of the master plan shall not take effect until a copy of the resolution required by subsection 49 of the act (C,40:56D -62) shall be filed with the county planning board. QS� > U Ms. Kathleen Barney September 10, 2003 Page 2 G,, i. �� 1 This document, if a mas�sr pla f,,amaeter plan element, or revision thereto, has been filed with the Middlesex County Pla ping Board as per the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1976, C.40:56D•13, as amended, which reads in (3) Notice by personal service or certified mail to the county planning board of (a) all hearings on the adoption, revision or amendment of the municipal master plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed master plan, or any revision or amendment thereto; and (b) the adoption, revision or amendment of the master plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall Include a copy of the master plat or revision or amendment thereto, We understand these regulations to mean that, unless zoning ordinances and master plans as amended are filed with the county, they do not have legal effect. Thank you for submitting those documents. Sincerely, ma lu `5T �w Matthew Flannery Supervising Planner MrNak c: George M. Ververides, Director of County Planning