Signs and Regulations

2. Definitions

1. Portable sign – any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, balloons and other inflatables, and umbrellas used for advertising.
2. Temporary sign – a sign, which is displayed for a period not to exceed two weeks in any one calendar year.
3. Sign structure – the structure to which a portable sign is attached.

3. Standards

1. Not more than one (1) portable sign shall be placed on any property.
2. The sign and sign structure shall be positioned at least 15 feet from all property lines.
3. The portable sign shall not exceed 12 square feet in any zoning district permitting such signs.
4. Any portable sign and sign structure with a height in excess of three feet which is placed in, around, about, or on a vehicular accessway shall require the approval of the town engineer in order to ensure that sufficient visibility is afforded.
5. Portable signs shall be used only as temporary signs.
6. Portable signs shall not be stored, maintained or left over night on any property other than the portable sign owner’s property.
7. Portable signs require a zoning permit.

BE IT FURTHER ORDAINED that a new section shall be added to Chapter XX, the Zoning Ordinance, is hereby created to read as follows:

20-21.3 Historic District Signage

1. Finding and Purpose. The Town Council finds that enhancement and improvement of the town’s historic district area is in the best interest of the town, its residents and commercial business owners. Improvements to buildings located in the locally designated historic districts will enhance the appearance of not only the central business district area, but also the adjacent residential areas; and thereby help to foster the economic vitality of not only the businesses in the historic districts by attracting more customers to the downtown area, but to the town as a whole. This Ordinance is intended to compliment chapter 20A of the Revised General Ordinances of the Town of Newton, known as the Historic Preservation Ordinance.
2. Definitions.

Abandoned sign shall mean a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

Advertising sign shall mean a sign directing attention to a business, profession, commodity, service, or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained, including but not limited to billboard signs.

Animated sign shall mean any sign with action, or changing colors which require electrical energy. This definition does not include signs which indicate time, temperature or date.

Awning shall mean a rooflike structure with a vertical face of no more than twelve (12) inches, usually made of canvas, and which is extended over a sidewalk. The opened triangular areas at the ends of the awning cab be either infilled with the same material as the awning, or left open. The awning can be either retractable or fixed in position. Awnings which are in the shape of a segmented dome or segmented barrel shall not be permitted.

Banner sign shall mean any sign which is stretched across and hung over a public right-of-way, attached to any public or utility poles or a building which is a non-permanent sign.

Bench sign shall mean a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

Billboard sign shall mean a non-point-of-sale sign which advertises a business, organization, event, person, place or thing, unless such is more specifically defined herein.

Building face or wall shall mean all window and wall area of a building in one plane or elevation.

Business sign shall mean any notice or advertisement, pictorial or otherwise, which directs attention to goods, commodities, products, services, or entertainment sold or offered upon the premises where such sign is located.

Changeable copy sign shall mean a changeable copy sign (manual) which identifies a non-profit institution or organization on whose premises it is located, and which contained (a) the name of the institution or organization; (b) the name or names of the persons connected with it; (c) and greetings, announcements of events, or activities occurring at the institutions, or similar messages.

Clock sign shall mean any timepiece erected outside of any building for the purpose of advertising the business on the premises on which it is located.

Copy shall mean the wording or graphics on a sign surface.

Construction sign shall mean any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on site where the sign is placed, together with other information included thereon.

Directory sign shall mean a serial sign, which identifies the name of businesses, offices, professionals, industries or other entities located within a planned center or complex.

Double-faced sign shall mean a sign which has two (2) display areas against each other or where the interior angle formed by the display area is sixty (60) degrees or less, where one face is designed to be seen from one direction and the other face from another direction.

Exterior directory sign shall mean a sign containing the building identification and address and the name and location of each tenant, and allowed in any project where one or more tenants does not have an exterior entrance or does not qualify for an exterior sign.

Face of sign shall mean the entire area of sign on which copy could be placed, and in the instance where a double-faced sign is utilized, the area of both faces shall be included to determine face square footage.

Flashing sign shall mean a sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits marked changes in lighting effects. Illuminated signs which indicate only the time, temperature, or date shall not be considered as flashing signs.

Front footage shall mean the lineal width measured parallel to the street frontage of the heated and enclosed structure upon a premises, not included out-buildings or appurtenant structures, unless said structures have no street frontage; in which case the front footage shall be the structure’s side width of principal entrance.

Ground level shall mean the immediate surrounding grade.

Ground and/or pole sign shall mean a permanently affixed sign which is wholly independent of a building for support.

Height of sign shall mean the vertical distance measured from the surrounding grade to the highest point of the sign.

Historical identification sign shall mean a sign, marker or plaque, identifying an historic structure or site, providing information about the significance of the structure or site.

Illuminated direct sign shall mean a sign illuminated by an external light source directed primarily toward such sign.

Instructional sign shall mean a sign conveying instructions strictly for the direction, safety and convenience of the public with respect to the premises on which it is maintained, such as a sign designating the entrance to or exit from a parking area, a sign identifying restrooms, a trespassing sign, a danger sign, and similar signs.

Marquee shall mean any permanent rooflike 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.

Marquee sign shall mean any sign attached to, in any manner, or made a part of a marquee.

Mobile sign shall mean any sign which is attached to, mounted on, pasted on, painted or drawn on any vehicle, whether motorized or drawn, which is placed, parked or maintained at one (1) particular location for the express purpose and intent of promotion, or conveying an advertising message.

Mural sign shall mean any sign that is painted on the wall of a building or structure in such a manner that the wall becomes the background surface of the sign.

Non-conforming sign shall mean any sign which does not conform to the provisions of this Ordinance.

Opening sign shall mean a temporary sign erected only for that limited period during which an enterprise not theretofore in operation begins its operation initially or at a new location.

Pole sign shall mean a sign mounted upon the ground but which by reason of height, width or other characteristics does not qualify as a ground sign.

Political signs shall mean identifying or urging voter support for a particular election issue, political party, or candidate for public office.

Portable sign shall mean a sign which is not permanently affixed, including but not limited to signs mounted or painted on vehicles which are parked in such a manner as to serve the purpose of an advertising device.

Prohibited sign shall mean any sign, other than a non-conforming sign, not conforming to this Ordinance.

Projecting sign shall mean any sign that extends perpendicular to a wall.

Real estate sign shall mean a temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, lease, or for sale, except in residential districts.

Residential use shall mean the use of a building as a home, abode or place where an individual or individuals are actually living at a specific point in time.

Roofline shall mean the apex, or highest point of the roof, or if there is a series of roofs, the apex of the lowest roof will be considered.

Roof sign shall mean a sign projecting over the coping of a flat roof, or over the ridge of a gable, hip or gambrel roof, and supported by or attached to said roof, or any sign that uses the roof for support.

Set back shall mean the minimum horizontal distance between either the face or curb, the edge of pavement, or the right-of-way line and the sign structure as specified in a particular section of this Ordinance.

Sidewalk or sandwich sign shall mean a movable sign not secured or attached to the ground or surface upon which it is located.

Sign shall mean any identification, description, illustration or device which is visible from any public place, whether located on private property or public property, which directs attention to a product, location, service, place, activity, person, institution or business, generally including columns, status, roof color or design, any exterior situated merchandise or any emblem, paint, banner, pennant, or placard designed to direct customers to or advertise, identify or convey information, said items still constituting a sign with or without information copy, except permitted non-copy internal window displays. For the purpose of this Ordinance, signs shall also include all sign structures.

Sign face shall mean the part of a sign that is or can be used for advertising purposes.

Signs, number and surface area shall mean, for the purpose of determining number of signs, a sign considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed, in a random matter, without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

That area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one point, including any open space or hole within the sign’s face or any appendage protruding outside the sign’s face. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc. which are not part of the main supports of the sign, are to be included in determining sign area.

Snipe sign shall mean any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on public or private property.

Sign structure shall mean structure which supports, has supported or is capable of supporting a sign including decorative cover.

Street shall mean a public thoroughfare which affords the principal means of access to abutting property.

Surrounding grade shall mean the finished grade of the ground upon which a sign is placed, as per approved site plan by Town of Newton.

Temporary sign shall mean a sign of a non-permanent nature. All such signs shall be removed within ten (10) days after the purpose for which the sign is intended to advertise has been accomplished.

Wall sign shall mean a sign applied to or mounted to the wall or surface of a building or structure, the display surface which does not project more than six (6) inches from the outside wall of such a building or structure. The total lettering on one side of a building or structure shall constitute one wall sign.

Window sign shall mean any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

3. Sign Requirements for Office and Commercial Uses Within as Historic District.

The following types of signs, subject to the limitations prescribe for them, shall be the only signs permitted for office and commercial uses authorized in the historic district zones of the Town of Newton.

1.    Business signs.

1. Each ground floor occupant of a business structure is permitted one (1) business sign, facing each street upon which the business fronts. The area of said sign shall not exceed one and one-half (1 ½) square feet of sign for every foot of frontage of the applicable building, subject to the following restrictions:

1. The maximum square footage sign allotment shall not exceed fifty (50) square feet, except as provided herein.
2. Where the front footage of a building would allow for more than the maximum sign size as stated in (I) above, additional sign square footage may be allowed, upon approval by the Historic Preservation Advisory Commission. This additional square footage shall not exceed one and one-half (1 ½) square feet per linear foot of building (as measured along the line where the building meets the ground level), and shall not exceed a maximum size of seventy five (75) square feet.
3. Where frontage is on more than one street, only the signs computed with the front footage along that street shall face that street; but in no case shall the total square footage of signs for the business exceed seventy five (75) square feet, except where additional square footage has been approved by the Historic Preservation Advisory Commission as cited in (ii) above.
4. In those instances where a building frontage is less than thirty five (35) linear feet, the Historic Preservation Advisory Commission may vary the maximum square footage allowed for that building by a figure not to exceed ten percent (10%).
5. Business establishments situated on the second or third floors of business structures and having an exterior entrance shall be permitted one (1) wall sign not to exceed thirty (30) square feet, as well as lettering on the glass of the ground floor entrance door and/or transom. Additionally, a business establishment on the second floor or third floor may have a projecting sign that can be substituted for a wall sign.

b.        The business sign may be a ground sign, wall sign, projecting sign, or permanent window sign, subject to the following restrictions:

1. Wall signs shall not be higher than the roofline of the building.
2. Ground signs shall be a maximum of twenty four (24) square feet (4 feet x 6 feet) and shall be situated at least ten (10) feet from the pavement edge or curb of a public street or outside the public right-of-way, whichever is further. Beams or landscaping shall not be allowed for the purpose of elevating signage, except as provided through the site plan review process.
3. No business sign shall be located closer than two (2) feet from any other business located on the ground floor of the same or adjoining building.
4. No ground sign shall be located closer than twenty (20) feet in any direction from any other business sign. Additionally, no business ground signs shall be permitted on properties that face the County Park in the middle of town or on any properties on Spring Street between Main Street and Union Place.
5. All projecting signs shall be placed not less than eight and one-half (8 ½) feet from the pedestrian travel way to the bottom of the sign. The lead projecting edge of the sign shall be no closer than four (4) feet back from any curb line. The area of the surface of the projecting sign shall be calculated by measuring the width of the façade of the subject building and multiplying that number by one third (1/3) to determine the maximum amount of square footage permitted. In no case, however, shall the projecting sign have more than fifteen (15) square feet of surface area per side. The structural supports for such signs shall comply with all applicable building construction codes and shall be reviewed and approved by the municipal construction official.

c.        In addition to the above noted business signs that are permitted, an individual business located on the first floor of a commercial building, which has an awning, may have the name of the business imprinted along the vertical face of the awning, subject to the following restrictions:

1. The lettering shall be no more than eight (8) inches in height.
2. Approval by the Historic Preservation Advisory Commission shall be obtained for the installation of a new or replacement awning, along with the lettering to appear on the vertical drop of the awning.

2.        Opening signs

1. Notwithstanding other provisions of this Ordinance, a newly established, expanded in floor area, or relocated commercial business, in addition to the hereinbefore specified sign allotment, may for a period of fourteen (14) days display one temporary ground, window or wall sign per street frontage. Each allowed sign shall not exceed thirty (30) square feet in face area. Ground signs shall not exceed six (6) feet in height and shall be set back from the curb line or edge of pavement no less than (20) feet. Such ground signs shall not be permitted on properties that face the County Park  in the middle of town, or on any properties on Spring Street between Main Street and Union Place.
2. A business may request a temporary conditional use permit from the town zoning officer to allow more than one temporary sign (window or wall) per frontage for a period not to exceed seven (7) days. These temporary conditional use signs shall be consistent with the requirements regarding square footage and placement as set forth in the preceding paragraph.

3.    Construction signs.

During the course of physical construction under a valid building permit issued by the Town of Newton, a ground construction sign not to exceed twenty four (24) square feet in face area shall be permitted. Construction signs shall be no greater than six (6) feet in height and located on the premises no less than thirty (30) feet from the face of the curb or edge of pavement. If the distance is less than thirty (30) feet, then the construction sign shall be mounted against the wall on the first floor level of the building. Said construction signs shall be permitted to stand no longer than the period during which construction is physically in progress under a valid building permit.

4.    Exterior directory/signs

Exterior directory signs shall be allowed in any project where one or more tenants does not have an exterior entrance or does not qualify for an exterior sign. The purpose of the directory shall be for customer convenience, direction and safety. The number of directories shall be limited to one for each main entrance to the building. Directories shall not exceed the following sizes:

1. Ten (10) square feet per face and total sign face areas shall not exceed twenty (20) square feet when located within fifty five (55) feet of any public right-of-way. In the event that there is less than fifty-five (55) feet in distance, then the exterior directory sign shall be one-sided and wall mounted.

Exterior directory signs shall be located either behind the main building line or a minimum of seventy-five (75) feet from any public right-of-way. No exterior directory sign shall exceed six (6) feet in height as measured from the surrounding grade.

Building identification letters shall not exceed six (6) inches and tenant identification shall not exceed three (3) inches. Each tenant listed shall occupy the same size and shape space.

5.        Real estate signs

In the historic district zone, one ground or wall sign advertising the sale or lease of real estate shall be permitted upon the premises of the property for sale or lease, provided said sign does not exceed four (4) square feet in face of sign area. If not attached to a building, said sign shall not exceed five (5) feet in height and shall be set back no less than thirty (30) feet from the curb or edge of pavement. Real estate signs shall be removed within seven (7) days of the closing of the sale, rental or lease of the premises or as determined by the town zoning officer in the case of multiple lease or rental spaces in a single project.

6.        Show window signs

Show window signs shall be permitted in commercial businesses in the historic district zone. Show window signs shall not occupy more than (20) percent of the window opening. The area of the sign shall be calculated by multiplying the height and width of the sign if it is a painted board sign. In the case of letters and/or graphic devices painted on the inside of the glass, then the actual area of the lettering or graphic devices shall be computed and used for calculating the percent of coverage.

7.        Mural signs

Mural signs shall be permitted so as to advertise only the business that occupies the building on which the mural sign is to be painted. Mural signs shall not be used for the off-premise advertising of a business. Such mural signs shall be painted only on the side or rear walls of a building, and shall be of such a design as to compliment the architectural style of the subject building and shall be in keeping with the general historic character of the district. There shall be a maximum of only one (1) mural sign per building.

1. For the purposes of calculating the area of a mural sign, the following shall be used:

i.    If the graphic is enclosed by a box or outline, the total area of the graphic, including the background, is counted as a part of the graphic area.

ii.    If the graphic consists of individual letters, then the area of the graphic shall be calculated by extending a line around the area of the lettering and that area shall be measured.

b.    A maximum area of twenty percent (20%) of the building wall, visible to the traveling public, may be used for the mural sign.

8. Site plan review

In all instances where site plan review is a requirement of any applicable municipal ordinance, the type of signs planned or proposed to be a permanent part of such development shall be presented at the time of the site plan review to the Historic Preservation Advisory Commission.

Permitted signs and regulation. The following types of signs, subject to the limitations prescribed for them, shall be the only signs permitted for uses authorized for residential and institutional use in the historic district zones of the Town of Newton.

1. Civic signs

a.    Schools, clubs, and non-profit organizations shall be permitted one (1) civic sign facing each street upon which they front, in lieu of a business sign. Such signs shall generally by subject to the same restrictions as provided for business signs with regard to height, location, size and type. The height, location and landscaping of all proposed ground signs shall require the review and approval of the Historic Preservation Advisory Commission.

b.    Churches shall be permitted one (1) ground mounted civic sign facing each street upon which they front, in lieu of a business sign.

Churches shall also be allowed one (1) wall mounted sign facing each street upon which they front; provided however, that a wall sign may designate only the name and/or denomination of the church. Such signs shall generally be subject to the same restrictions as provided for business signs with regard to height, location, size and type. The height, location, and landscaping of all proposed ground signs shall require the review and approval of the Historic Preservation Advisory Commission.

c.    Churches, schools, clubs, and non-profit organizations shall also be allowed a maximum of two (2) directional signs located roof-premises. Such signs shall state the name of the church, school, club or organization and provide a directional arrow. The signs shall be of no more than two (2) colors [example: brown with white letters], shall not exceed two (2) square feet and be not more than four (4) feet high. The signs shall not be illuminated.

The design, color scheme, and placement shall be subject to review and approval of the Historic Preservation Advisory Commission.

2.    Construction signs

A ground sign shall be permitted during the course of physical construction under a valid building permit issued by the Town of Newton. For a single-family detached dwelling or a duplex, the sign face area shall not exceed eight (8) square feet. For other uses or a multi-family project, the sign face area shall not exceed twelve (12) square feet, and shall be only single-sided. Such ground signs shall not be permitted on properties that face the County Park in the middle of town, or on any properties on Spring Street between Main Street and Union Place.

Construction signs for single-family detached dwellings and duplexes shall be set back at least ten (10) feet behind the curb face or edge of pavement, and shall not exceed eight (8) feet in height. Said construction signs shall not be permitted to stand more than ninety (90) days without the express approval of the Historic Preservation Advisory Commission, and are further subject to the lighting, construction and content requirements of this Ordinance. The sign shall not be put up until construction begins and shall remain on the site no more than two (2) weeks after construction is completed.

3.    Real Estate Signs

In all areas of residential and institutional uses within the locally designated historic district zones, one (1) temporary sign shall be permitted upon the premises of the property for sale or lease. Said sign shall not exceed dimensions of two (2) feet by two (2) feet, with a total maximum sign face area of four (4) square feet per face, with a maximum height of two (2) faces on a single plane of material. The maximum height of said signs shall be five (5) feet, and said signs shall be set back no less than fifteen (15) feet from the curb face or edge of pavement.

e.    Exempt signs

1. General

The following signs are exempt from the provisions of this Ordinance:

1. Official public notices and notices posted by public officers in the performance of their duties.
2. Governmental signs for the control or direction of traffic and other regulatory purposes.
3. Flags or emblems of the United States, the State of New Jersey, or their political subdivisions.
4. Temporary signs for a period not to exceed thirty (30) days, totaling not over seven (7) square feet of surface area on any lot, appertaining to campaigns, drives or events of civic, philanthropic, educational or religious organizations.
5. Signs posted in conjunction with doorbells or mailboxes, none exceeding thirty-six (36) square inches in surface area.
6. Small, non-illuminated instructional signs, none exceeding one and one-half (1 ½) square feet in surface area.
7. Address signs, not more than one (1) for each street frontage of each principal use on a lot and none exceeding seventy two (72) square inches in surface area, showing only the numerical address designations of the premises upon which they are situated. All address signs shall be prominently displayed and written in contrasting colors to the color of the structure or background against which said signs are placed in order to facilitate emergency identification for public service employees.
8. Decals, numerals, names, addresses, hours, credit information, etc. attached to doors or windows and all of which occupy a total area of one (1) square foot or less.

2.    Specific existing signs

The following existing signs are specifically exempt from the provisions of this Ordinance, as they contribute to and compliment the historic district:

1. The marquee and marquee signage existing on the Newton movie theatre, known as 226-234 Spring Street.
2. The clock sign on the building at the intersection of Main Street and Spring Street, known as 1 Main Street.
3. The clock sign on the PNC Bank Building, known as 93-95 Spring Street.

f.    Non-conforming signs

1. Intent

Signs which are legally in existence prior to the adoption of this Ordinance, which do not conform to the provisions of this Ordinance are declared non-conforming signs. It is the intent of this section to recognize that the eventual elimination, as expeditiously and fairly as possible, of non-conforming signs is as much a subject of health, safety and welfare as is the prohibition of new signs that would violate the provisions of this Ordinance. It is also the intent of this section that any elimination of non-conforming signs shall be effected so as to avoid any unreasonable invasion of established property rights.

2. General Non-conforming Sign Provisions

Subject to the exceptions hereinafter set forth, any non-conforming signs may be continued in operation and maintenance after the effective date of this Ordinance, provided that non-conforming signs shall not be:

1. Changed or replaced with another non-conforming sign including changing the sign face (except on changeable copy signs and billboards).
2. Structurally altered so as to extend their useful life.
3. Expanded.
4. Relocated.
5. Re-established after damage of more than fifty percent (50%) of the sign at the time of such damage/destruction.
6. Modified in any way that would increase the degree of non-conformity of such sign.

Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a sign or structure declared unsafe by the construction official. Such signs may be improved only to the extent that such improvement does not exceed fifty percent (50%) of the existing sign structure.

3.    Termination of Non-conforming Signs

1. Any non-conforming sign or sign structure which is partially destroyed by fire, accident, or natural cause beyond fifty percent (50%) of its structure or surface shall thereafter be removed or reconstructed in conformance with the provisions of this Ordinance.
2. Any non-conforming sign or sign structure which is improved and altered to comply with the provisions of this Ordinance shall thereafter be considered as conforming.
3. For the purposes of this section, existing signs and sign structures prohibited by this Ordinance shall be treated as non-conforming.
4. Upon the determination of the Town of Newton that a sign remains non-conforming after termination of the allowable time periods provided for above, the town shall notify the sign owner and/or owner of the land upon which the non-conforming sign is located and such owner shall have fourteen (14) days after such written notice within which to remove said sign. At the end of the fourteen (14) day period, if the sign has not been removed or brought into compliance, the town shall issue a summons through the Newton Municipal Court.
5. Abandonment of a non-conforming sign shall terminate immediately the right to maintain such a sign.
6. Any non-conforming on-premise sign shall be removed or brought into compliance with this Ordinance immediately upon a change in the principal use of the site.

g.    Prohibited signs

1. General

The following styles or types of signs or signage is specifically prohibited within the areas of the local designated historic district zones in the Town of Newton:

1. Animated signs; provided however, that temporary street banner signs approved by the Mayor and Town Council shall be exempt from this prohibition.
2. Flashing signs.
3. Strips or strings of lights outlining property lines, sales areas, rooflines, doors, windows, wall edges, or other architectural features of a building; provided however, this prohibition shall not apply to Christmas lights displayed between Thanksgiving Day and five (5) calendar days after New Year’s Day of each calendar year.
4. Signs on public property, other than those erected at the direction or with the permission of a public authority having competent jurisdiction.
5. Signs which are not securely affixed to the ground, or otherwise affixed in a permanent manner to an approved supporting structure, including but not limited to portable signs; provided however, that temporary signs specifically allowed under this Ordinance shall be exempt from this prohibition.
6. Signs visible from a public right-of-way that use the word "stop" or "danger" or otherwise present or imply the need or requirement of stopping, caution, the existence of danger, or which for any reason are likely to be confused with any sign displayed or authorized by a public authority.
7. Signs which blend with or can be confused with traffic signals.
8. Signs which contain reflective materials which present a hazard or danger to traffic or the general public.
9. Signs which exhibit more than two (2) faces; provided further, that no double-faced signs shall be permitted if the distance between the back of the faces is at any point greater than twelve (12) inches.
10. Adverting signs, including but not limited to billboard signs.
11. Signs which contain works or pictures of an obscene, indecent, or immoral character which could offend public morals or decency.
12. Signs which show pictures of human figures, animals, food, characters, or cartoons. It shall be permissible to include within the allotted sign square footage simplistic trade emblems if the same are nationally registered or reflect the principal trade activity of the applicable business, upon the specific review and approval of the Historic Preservation Advisory Commission.
13. Beacon lights.
14. Signs which are structurally unsound or which are rendered structurally sound by guy wires or unapproved facing or bracing.
15. Mobile or portable signs, attached to, suspended from, or painted on any vehicle, including a trailer, which is parked on or visible from any street or public place. However, this prohibition shall not apply to those signs which are required to be affixed to service vehicles by the requirements of any state, federal, or local regulations. Nor is this prohibition to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal course of business.
16. Pole signs and snipe signs.
17. Signs installed, erected, enlarged or structurally altered in violation of the provisions of this Ordinance.
18. Roof signs.
19. Any changeable copy sign (manual) that does not have a locked, vandal-proof cover.
20. Bench signs.
21. Illuminated direct signs.
22. All signs which are not expressly permitted by this Ordinance or any other Ordinance of the Town of Newton.

2.    Portable and Flashing Signs

1. Due to the manifest traffic safety hazards, the use of portable and/or flashing signs, with or without changeable copy board attached, are declared a public nuisance.
2. Upon written notice by the zoning officer of the Town of Newton to the owner or lessee of such flashing sign, such sign shall be removed within fourteen (14) days.

Upon failure to comply with such notice, the town zoning officer shall cite the sign owner or lessee through the Newton Municipal Court. If found in violation, the owner shall be responsible for all costs incurred in removing the sign in addition to any court assessed fees and penalties.

h.    Illumination

1. General

Indirect illuminated signs shall adhere to the following provisions and restrictions in addition to those stated in the sign requirements by zone:

1. The light for or from any indirect illuminated sign shall be so shaded, shielded or directed that intensity will not be objectionable to surrounding areas, as determined by the Historic Preservation Advisory Commission. In the case of a wall mounted sign, no more than 0.5 foot candles of illumination from the light(s) for the sign shall be no more than ten (10) feet from the front of the building.
2. No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color.
3. No colored lights shall be used at any time location in any manner so as to be confused with or construed as traffic control devices.
4. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.
5. Exposed bulbs shall not be used on the exterior surface of any sign, except when approved by the Historic Preservation Advisory Commission.
6. Exposed neon shall not be allowed, except in such instances that the Historic Preservation Advisory Commission determines that the sign is compatible to the architectural features of the building in question.
7. Indirect illuminated signs shall be permitted, with the specific design of the illumination to be approved by the Historic Preservation Advisory Commission.

    i.      Structural Requirements

All signs shall comply with the pertinent requirements of the building code, as adopted by the Town of Newton.

    j.    Inspection, Removal and Safety

1.    Inspection

1. Any sign which advertises or pertains to a business, product, service, event, activity, or purpose which is no longer conducted or that has not been in use for three (3) months or which is no longer imminent, or any sign structure that no longer displays any sign copy for a like period shall be deemed to be abandoned.
2. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of six (6) months for non-conforming signs, or twelve (12) months if the signs otherwise conform to all provisions of this Ordinance.
3. Abandoned signs are prohibited and shall be removed by the owner of the property, his agent, or person having the beneficial use of the building or site upon which such sign or structure is erected within thirty (30) days after written notification from the town zoning officer.
4. In the event of non-compliance with the aforesaid terms and provisions, then the town zoning officer shall have the authority to issue a summons to the property and/or business owner and/or lessee to appear before the Newton Municipal Court for a hearing.

    k.    Permits

    1.    Permits

1. All permanent signs permitted under this Ordinance shall require a zoning permit.
2. No sign shall be erected, altered or relocated without a zoning permit, except as otherwise provided herein. Electrical permits as required shall be obtained at the same time as the sign permit, from the town construction official.

    2.    Applications

The permit application shall contain the location of the sign structure, the name and address of the sign owner and of the sign contractor, drawing showing the design, location, materials, finishes and colors of the sign and such other pertinent information as the Historic Preservation Advisory Commission may require to ensure compliance with the Ordinance and the requirements of the town. Applications shall be made on forms provided by the town.

    3.    Nullification

A sign permit shall become null and void if (1) the work for which the permit was issued has not been completed within a period of six (6) months after the date of the permit; or (2) the sign varies in any respect from the approved design or location.

    4.    Permit Exceptions.

The following operation shall not be considered as creating a sign and therefore, shall not require a zoning permit:

Maintenance – Repainting, cleaning and other normal maintenance to prolong the life of a sign as originally approved.

1. Administration and Penalties

1. Enforcement (zoning officer).

The zoning officer, or in the absence of the zoning officer, the secretary of the Historic Preservation Advisory Commission, is hereby authorized and directed to enforce all of the provisions of this Ordinance. Upon presentation of proper credentials, the zoning officer or her duly authorized representative may enter at reasonable times any building, structure or premises in the Town of Newton to perform any duty imposed upon her by this Ordinance.

Section 2: This Ordinance shall take effect upon passage according to law.

Section 3: The Town Clerk is hereby directed to give notice at least ten (10) days prior to hearing on the adoption of this Ordinance to the County Planning Board and to all others entitled thereto pursuant to the provisions of NJSA 40:55D-15. Upon adoption of this Ordinance, after public hearing thereon, the Town Clerk is further directed to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted with the Sussex County Planning Board, as required by NJSA 40:55D-16.

TAKE NOTICE that the above Ordinance was introduced at a regular meeting of the Town Council of the Town of Newton held on Monday, November 24, 1997. It was adopted, after final reading and public hearing thereon, at a regular meeting of the Newton Town Council held in the Council Chambers at the Newton Municipal Building, 39 Trinity Street, Newton, NJ on Monday, December 8, 1997 at 7:30 pm and shall take effect according to the law.

Lorraine A. Read, RMC

Municipal Clerk