a. Signs Permitted in All Districts. The following signs are permitted in all districts:

1. "Address signs" not exceeding eight inches by twelve inches (8" x 12") in size.

2. Governmental and public utility signs.

b. Signs Prohibited in All Districts.

1. Signs which interfere with, disrupt, or are erected upon, or block a pedestrian or vehicular circulation pattern or site line which constitute a safety hazard to persons or vehicles.

2. "Illuminated signs" which have interior or exterior flashing light sources, which have intermittent or variable intensity lighting, or which cause glare on pedestrian or vehicular circulation patterns within or into residential areas.

3. Privately owned or operated signs which stimulate or resemble by color, size, shape, or location any governmental, public utility, official, traffic, directional or warning sign or device.

4. Advertising signs on any building exclusively used for residential purposes.

5. Signs which move either by wind, motion, mechanical or electrical means, except signs with time or temperature messages.

6. Signs which divide or repeat a message or announcement along a public or railroad right-of-way.

7. "Roof signs" or signs which are erected or projected above the cornice or parapet of a building.

8. Signs on any building facade not fronting on a public right-of-way or driveway with direct access to a public right-of- way.

9. Signs on bridges or other structures crossing over any public right-of-way.

10. Signs applied to the facade of a building which cover any portion of a window, cornice or other architectural detail of a building.

(Ord. No. O-95-12 § 33-8.2)

No signs shall be permitted in any residential district except:

a. Non-illuminated temporary sign advertising premises on which the sign is located for sale or lease, not exceeding twelve (12) square feet, provided it is removed within seven (7) days after the premises has been sold or leased.

b. Non-illuminated temporary signs on new construction sites, not exceeding twelve (12) square feet, provided that a building permit for said construction has been issued and that said sign is removed prior to the issuance of a certificate of occupancy.

c. Home professional signs, identifying a permitted use in residential districts, affixed to the structure, and not exceeding one (1) square foot in area.

d. Institutional and church bulletin signs not exceeding twenty (20) square feet in area and, if freestanding, not more than five (5) feet in height.

e. Temporary announcement signs for political and religious organizations, erected not sooner than two (2) months prior to an event and removed not later than two (2) weeks following an event.

f. In R-3 and R-M districts only, identifying signs, either freestanding or building mounted, for multifamily developments, not exceeding ten (10) square feet in area, nor four (4) feet in height when freestanding.

g. In R2-O districts, one (1) building mounted sign identifying a permitted nonresidential use, not exceeding one (1) square foot in area.

(Ord. No. O-95-12, § 33-8.3)

No signs shall be permitted in commercial districts, except:

a. Those signs permitted in residential districts.

b. Business signs, not exceeding twenty (20%) percent of the sign facade area as defined by this chapter, of the following types:

1. Wall signs, not exceeding three (3) square feet for each linear foot of sign frontage, as defined by this chapter.

2. Projecting signs, not projecting a distance greater than twelve (12) inches.

3. Awning and canopy signs, regulated as wall signs, provided that the sign does not extend above or below the edges of the awning or canopy.

4. Box signs, affixed to walls and regulated as wall signs.

5. For permitted gasoline filling stations, or freestanding sign not exceeding thirty-five (35) square feet in area, and not less than ten (10) feet nor more than twenty (20) feet in height, displaying customary brand name and prices. Further, customary accessory signs identifying service may be erected over bay doors, not exceeding twelve (12) inches in height nor six (6) feet in area per bay.

6. Window signs, not exceeding thirty (30%) percent of the window area to which the sign is affixed.

c. Directional signs for entry and exits to parking areas, not to exceed four (4) feet in area, nor five (5) feet in height.

d. For permitted planned shopping centers exceeding twenty-five thousand (25,000) square feet in floor area, one free-standing identifying sign, not exceeding eighty (80) square feet in area may be permitted, provided that:

1. The sign shall identify the shopping center only.

2. No part of the sign shall exceed thirty (30) feet in height, nor be less than ten (10) feet in height.

3. No sign shall be closer than fifty (50) feet from a street right-of-way.

e. Awnings extending no more than three (3) feet from a structure and which extend over public right-of-way in accordance with the following:

1. All awnings extending over any public right-of-way must be securely fastened and constructed so that there will be no danger of the same being dislodged by ordinary winds or falling from other cause. No awning shall be erected or maintained extending over any public right-of-way in such a location as to obstruct the view of any traffic light or other traffic sign or signal.

2. The lowest part of any awning or any support thereof which extends over any public way shall be at least seven feet six inches (7' 6") above the level of the walk or public way over which it extends; but no such sign shall be maintained over any public way used by vehicles if any part of its support or of the awning is less than fifteen (15) feet above the level of such public way.

3. Any canvas or other material, natural or synthetic, used as a component part of any awning permitted under this section shall be classified as flame resistant by Underwriters Laboratories, Inc.

(Ord. No. O-95-12 § 33-8.4; Ord. No. O-98-17 § 1)

No signs shall be permitted in Industrial Districts except:

a. Those signs permitted in commercial districts.

b. Freestanding business signs, where the building front setback is at least seventy-five (75) feet. The sign shall be set back at least twenty (20) feet from a street right-of-way and not exceed three (3) square feet for each linear foot of street frontage or two hundred (200) square feet, whichever the lesser, provided that:

1. No sign shall have a length greater than twenty (20) feet.

2. No part of the sign shall be higher than ten (10) feet.

(Ord. No. O-95-12 § 33-8.5)

All signs shall be maintained in a clean and neat-appearing condition, and such maintenance, where applicable, shall include regular cleaning; regular painting and removal of any peeled, chipped or blistered paint; the renewal or replacement, in whole or in part, of any sign which has been caused to crack, break, peel or otherwise disintegrate or fall apart. (Ord. No. O-95-12 § 33-8.6)

a. Any sign, now or hereafter erected or maintained, which no longer advertises a bona fide business conducted or product sold, or notice of a current or future event, shall be taken down and removed by the permittee or by the owner of the premises, if there is no permittee, within thirty (30) days after such business ceases, such product ceases to be sold or such event occurs. Upon failure to comply, the Zoning Officer is hereby authorized to cause the removal of such sign and any expense incident thereto shall be paid by the permittee or owner of the premises upon which sign is located. The Zoning Officer shall thereafter refuse to issue a permit for the erection of any sign, awning, canopy or marquee in the City of Bayonne to any permittee or property owner who refuses to pay the costs of such removal.

b. If the Zoning Officer shall determine that any sign, now or hereafter erected or maintained, is unsafe or insecure or is a menace to the public, or has been constructed or erected or is being maintained in such a manner as to pose a hazard to persons or property, or has been constructed or erected or is being maintained in violation of the provisions of this chapter or any other law or ordinance, he shall give written notice to the permittee, and, if there is no permittee, to the owner of the premises, of such violation. If the permittee or owner fails to remove or alter the sign within thirty (30) days after such notice, such sign may be removed or altered by the City at the expense of the permittee or owner of the premises upon which it is located. The Zoning Officer may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

c. All signs attached to the ground or to a building or other structure shall be thoroughly and rigidly secured and shall be repaired and maintained as necessary to keep them secure, safe and free from causing any danger or damage to persons or property.

d. No sign shall be erected or maintained so as to obstruct access to any fire escape, window, door, exit or standpipe, or obstruct passage by either vehicular or pedestrian traffic on any public or quasi-public right-of-way.

Signs shall be constructed and erected in such a manner as to allow for the effects of high winds and other natural forces and the Zoning Officer may require copies of the stress sheets and calculations showing that the sign is adequately designed for dead-load and wind pressure in any direction, in any situation where such information may be helpful in determining whether such sign can be safely constructed, erected or maintained.

(Ord. No. O-95-12 § 33-8.7)

Signs not in conformance with this section shall be allowed to continue as of right, regulated as follows:

a. Repair of signs is permitted, provided that the cost of repair does not exceed fifty (50%) percent of the replacement costs of the sign.

b. The structural alteration of sign shall only be permitted if said alteration brings the sign into conformance with this section.

c. No permits shall be issued for new signs or owner-occupied or single-tenanted properties where nonconforming signs exist.

(Ord. No. O-95-12 § 33-8.8)

The purpose of this section is to provide opportunities for the community to be served by personal wireless service facilities and establish general guidelines for the siting of the wireless communications towers and antennas while at the same time providing for an orderly development of the City and protecting the health, safety and general welfare of the residents and property owners. The goals of this section are to:

a. Preserve the character of the City of Bayonne and to serve the general purposes of the City of Bayonne Master Plan and Zoning Ordinance; and

b. Preserve the existing visual and aesthetic character of the City and its neighborhoods, as well as to minimize noise impacts generated by personal wireless service facilities; and

c. Provide locations for locating personal wireless service facilities; and

d. Protect residential areas and land uses from potential adverse impacts of towers and antennas; and

e. Encourage the location of appropriate wireless facilities upon existing structures in identified nonresidential areas such as Commercial, Light Industrial and Highway Commercial Zones; and

f. Minimize the total number of towers throughout the community; and

g. Encourage the use of appropriate and new technology so as to minimize adverse environmental, noise and visual impacts; and

h. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; and

1. Encourage use of existing buildings, light and utility poles and/or towers, to the extent possible, where appropriate, as opposed to the construction of new towers in areas where the adverse impact on the community is minimal; and

j. Encourage users of towers and antennas to locate them, to the best extent possible, in areas where the adverse impact on the community is minimal; and

k. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; and

l. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and

m. Require prompt removal of abandoned facilities; and

n. Preserve the aesthetic character of the City by encouraging creative and cooperative approaches to locating wireless communication facilities so that such facilities will be compatible with their surroundings; and

0. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the City shall give due consideration to the Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites of towers and antennas.

(Ord. No. O-01-34 § 1; Ord. No. O-03-37 § 1)

As used in this section, the following terms shall have the meanings set forth below:

ADMINISTRATIVE APPROVAL shall mean the process for locating antennas and radio equipment on or within defined zones or locations that shall not require conditional use approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law or "Site plan approval" N.J.S.A. 40:55D-46, or any variance in accordance with N.J.S.A. 40:55D-70(a) or (d) of the Municipal Land Use Laws.

ADMINISTRATIVE REVIEW shall mean an applicant for a wireless facility entitled to a administrative approval shall meet with the City Planning Administrator and the City Engineer to discuss the proposed location of the wireless communication antennas, the proposed location and possible landscape screening of any accessory shelters housing the related electronic equipment, and any other construction that may be proposed or required regarding the installation of the proposed antennas. Pursuant to the instruction given to the applicant by the City Planning Administrator and the City Engineer at the time of meeting, the applicant thereafter shall submit plans and documentation for review, approval and signing by the City Planning Administrator, the City Engineer, and thereafter a construction permit shall be issued. No construction permit, however, shall be issued by the Construction Official until her or she is in receipt of such signed plans.

ALTERNATIVE TOWER STRUCTURE shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers and similar alternative design mounting or stealth structures that camouflage or conceal the presence of antennas or towers.

ANCILLARY FACILITIES shall mean the buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.

ANTENNA shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BACKHAUL NETWORK shall mean the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

CO-LOCATION shall mean when two (2) or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

GUYED TOWER shall mean a tower that is supported or braced through the use of cables (guy wires) that are permanently anchored.

HEIGHT shall mean when referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

LATTICE TOWER shall mean a type of tower that is self-supporting with multiple legs and cross bracing of structural steel.

MONOPOLE shall mean the type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT shall mean the surface or structure upon which antennas are mounted, including the following three (3) types of mounts:

a. Building mount. Mounted on the roof or the side of a building.

b. Ground mounted. Antenna support (tower) mounted on the ground.

c. Structure mounted. Mounted on or in a structure other than a building.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS shall mean any tower or antenna for which a building permit or development application approval has been properly issued prior to the effective date of this section including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

PREFERRED LOCATIONS shall mean locations that are listed in subsection 35-26.8b. that have been found to be the most desirable for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area, and/or the technical suitability of the particular location.

It is the burden of the applicant on any application to provide reasons why a certain preferential location is more suitable than a listed preferred location that precedes it.

RADIO FREQUENCY RADIATION (RFR) , for the purposes of this section, shall mean the emissions from wireless telecommunications facilities or any electromagnetic energy within the frequency range from 9.003 MHZ to 30,000 MHZ.

STEALTH DESIGN shall mean a telecommunication facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment. (See Alternative Tower Structure)

TOWERS shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, lighting towers, alternative tower structures and the like. The term includes the structure and any support thereto.

TYPE 1 FACILITY shall mean (a) a new monopole to which an antenna or antenna array is attached or (b) an existing monopole that is modified or rebuilt to a taller height.

The definition of Type 1 facility also includes the associated equipment enclosure.

TYPE 2 FACILITY shall mean (a) a building-mounted antenna or antenna array that does not meet the conditions of a Type 3 facility or (b) an antenna or antenna array added to an existing monopole where there is no modification required related to the height of the monopole.

The definition of Type 2 facility also includes the associated equipment enclosure.

TYPE 3 FACILITY shall mean a roof-mounted antenna or antenna array that meets the following conditions:

a. The vertical dimension of the antenna(s) together with the associated mounting equipment and cabinets does not exceed twenty (20%) percent, but not more then ten (10) feet, of the height on the building on which it is mounted; and

b. The facility is categorically excluded from routine monitoring by virtue of the power output of all antennas placed on the building pursuant to the standards set forth by the FCC as those standards may be modified from time to time.

1. The power output is measured in Watts, Effective Radiated Power (ERP) or Effective Isotropic Radiated Power (EIRP); and

2. It is assumed for the purpose of calculation that all channels are operating simultaneously and continuously at maximum power; and

3. The power is calculated as a sum of the output of all antennas from all carriers that share the building.

The definition of Type 3 facility also includes the associated equipment enclosure.

TYPE 4 FACILITY shall mean an antenna or antenna array mounted on an existing street or light pole that does not otherwise meet the criteria of a Type 5 facility.

TYPE 5 FACILITY shall mean a single array and transmitter mounted on a structure such as an existing street or light pole within a developed street, with the associated equipment enclosure mounted on the pole or installed completely below grade and the total power output not to exceed 10W and is less than sixteen (14 x 16) inches in length and width and eight (8) inches in depth including all associated equipment, and may have an antenna with a length not to exceed thirty (30) inches.

WIRELESS COMMUNICATIONS shall mean any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is exclusively for receive-only antennas, nor does it include noncellular telephone service.

(Ord. No. O-01-34 § 2; Ord. No. O-03-37 § 2)