ARTICLE XVII Signs

§197-88. Scope of applicability.

Notwithstanding any other provision or ordinance, no sign may be erected, altered or maintained within the borough except as otherwise provided herein.

§197-89. Prohibited signs and advertising

The following signs are specifically prohibited in all zone districts within the Borough of Kenilworth:

A. Pylon and freestanding signs except as provided for in §§197-91 and 197-92.

B. Signs that flash, blink or move to simulate motion and the outlining of any window with neon tubing, or strings of lights of any kind is prohibited. Neon signs are prohibited above the first floor of any building.

C. Projecting wall signs of any type, including signs that project perpendicular to a wall or which extend beyond the angular corner of a wall.

D. Signs with any lighting or control mechanism which may cause radio or television interference.

E. Any sign erected, constructed or maintained in such a way as to interfere with or obstruct any means of ingress or egress from a structure or any part thereof or which creates a fire, safety or health risk.

F. Add-on signs of any type except as otherwise provided for in §197-91.

G. Mobile signs, or A-frame, or stand-alone signs.

H. Painted wall signs.

I. Any sign which is of such form, character or shape so as to confuse or distract the attention of the operator of a motor vehicle or any sign which creates a danger to the operator of a motor vehicle or pedestrians.

J. Any sign or advertisement which, applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests.

K. Any sign or advertisement containing information which states or implies that the property upon which it is located may be or is being used for a purpose not permitted under the provisions of this chapter for the zone district in which the property is located.

L. Rooftop signs.

§197-90. General regulations and restrictions.

A. Signs in residential zones.

(1) In any residential zone, the following types of signs shall be permitted:

(a) A professional or announcement sign accessory to an existing home professional office in a residence building, provided that such sign shall not exceed two square feet in area. Such sign shall be fixed flat on the main wall of such building and shall not project more than eight inches. Only one such sign shall be permitted and may only be interior-lighted.

(b) A name or announcement sign accessory to a church or other place of worship, a public or quasi-public building and any permitted institutional or similar use, provided that such sign shall not exceed 20 square feet in area. Such sign may only be interior-lighted. Not more than one such sign shall be permitted on a lot.

(c) Nonilluminated temporary signs on new construction sites, not exceeding eight square feet in area, provided that they shall be removed within seven days after sale of the last home or unit in the project.

(d) Decorative, nonilluminated signs showing the name and/or address of the house or family, not larger than one square foot in area. Not more than one such sign shall be erected for each dwelling unit, up to a total of three for any one lot.

(e) Official signs erected by the city, county, state or federal government, not to exceed 20 square feet.

(2) No more than one sign shall be permitted on each lot in connection with a use or activity permitted in the residential zone.

B. Signs permitted in non-residential zones. In any nonresidential zone, the following types of signs shall be permitted:

(1) Any sign permitted in a residential zone.

(2) Wall-mounted signs not to exceed 10% of the area of the wall upon which it is located. Only two wall signs are permitted: one on the front wall and one on a side wall.

C. Restrictions on signs in nonresidential zones. No sign shall be erected, posted, placed, affixed or maintained upon any nonresidential premises unless:

(1) The sign is attached to the face of one of the walls of a building located upon the premises.

(2) The face and rear of all the lettering thereon is parallel with the face of the wall to which it is attached.

(3) No part thereof, other than lighting fixtures thereon, extends beyond either end or above the face of the wall to which it is attached; and no part thereof, other than lighting fixtures thereon, extends more than six inches from the face of the wall to which it is attached, except that the lettering of an internally illuminated sign may extend not more than 12 inches from the face of the wall to which it is attached.

(4) No more than three advertising signs shall be erected, posted, placed, affixed or maintained upon any building for each business or industry therein. All permanent window signs shall not exceed more than 20% of the window area and shall, in no event, exceed the size limits imposed by Subsection B(2) of §197-90. All window signs shall face a street and must be located on a window within the business unit so advertising.

(5) Not more than two signs shall be erected, posted, placed, affixed or maintained upon the face of any one wall of any business or industry conducted therein.

(6) Not more than 10% of the area of the face of any wall of any building shall be covered by any sign or signs.

(7) Where any part of a sign extends more than three inches from the face of the wall to which it is attached, the bottom of such sign shall not be less than eight feet above the ground.

D. Awnings and facades.

(1) As used in this article, the following terms shall have the meanings indicated:





AWNING - A temporary roof-like structure consisting of framing covered with an opaque fabric mounted solely on and projecting from the wall of a building for the purpose of shielding windows or doorways. Backlit fabric shall not be permitted. Such structures may be fixed or retractable with a mechanism for raising and holding the frame against the wall of the building.

**Webmasters Note: The previous definition pertains to Article XVII

.

FACADE - The main front of a building that masks the basic structure of a building.



(2) Awnings associated with principal uses in the LC, I or SC Zones shall conform to the n following specifications:

(a) No awning frame or part thereof shall be extended below seven feet from the sidewalk in front of any building, and no portion of the covering of said awning shall extend below six feet nine inches from the sidewalk.

(b) No awning shall extend more than four feet from the facade of any building.

(c) Sign lettering on any awning shall be painted on the area of the lowest 12 inches of an awning, and such lettering shall not exceed six inches in height. No external illumination from below the awning or facade shall be directed to the sign.

(d) All newly constructed facades and awnings shall emphasize a colonial theme.

(e) Notwithstanding the provisions of this article, any awning erected in such a manner, design or location so as to obstruct pedestrian traffic or which creates an obstruction to view by vehicular traffic or in any way creates a safety hazard to person or property shall be prohibited.

**Webmasters Note: The previous definition pertains to Article XVII



§197-91. Exempt signs in all zones.



The following signs and advertisements are authorized in any zone district without a permit so long as they conform to the standards contained herein:

A. Real estate sales and rental signs, limited to one sign per lot or premises advertised for sale or rent, and further provided that said sign is removed not later than 14 days after the conclusion of the sale or rental transaction. Real estate signs for residential properties are limited to six square feet, and for commercial or industrial properties to 20 square feet.

B. Any sign permitted by §197-90A(1)(a), (d) or (e).

C. Window stickers denoting organizational affiliations, credit card availability, burglar system, pet restrictions, hours of operation, etc. No more than six signs totaling 144 square inches are permitted.

D. Signs indicating the private nature of a road, driveway or premises, provided that the area of such sign shall not exceed 72 square inches and shall not exceed three feet in height.

E. Special signs serving the public convenience such as "Notary Public," "Public Rest Rooms," "Public Telephone" or words of similar import. The area of each sign shall not exceed 72 square inches.

F. Nonilluminated traffic control directional signs identifying parking areas, loading zones, entrances, exits and similar locations. The signs shall not exceed two square feet in area and three feet in height.

G. Temporary signs for advertising public functions or fund-raising events for charitable or religious organizations for a period of 45 days prior to and during the event but shall be removed within five days after the event. The sign shall be nonilluminated, not larger than 32 square feet in area, not exceeding six feet in height and may be erected flat against the building or freestanding.

H. Temporary, nonilluminated political signs not to exceed 32 square feet and not exceeding eight feet above ground; further provided that any such sign shall not be erected earlier than 45 days prior to an election and shall be removed no later than 14 days after the election.

I. Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies, civic or religious organizations.

J. Temporary signs which are in the nature of traditional holiday or seasonal greetings or decorating not advertising a specific product, service or establishment and not exceeding 45 days duration.

K. Flags or emblems of religious, educational, civic or governmental organizations.



L. Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

M. Signs which are an integral part of vending machines, including gasoline pumps, and milk machines, provided that they do not exceed two square feet in area.

N. Temporary window posters when posted inside commercial establishments, provided that they do not occupy more than 20% of the total area of said window.

O. Temporary promotional or special sales signs when erected in conjunction with a commercial establishment, provided that they do not exceed 16 square feet and they are restricted to not more than four nonsuccessive seven-day periods within a calendar year.

P. Temporary overhead banners spanning a street or roadway advertising public functions or fund-raising events for charitable or religious organizations for a period of 45 days prior to and during the event but shall be removed within five days after the event or at any time if the sign is damaged or becomes a hazard.

Q. Temporary construction signs located on the lot shall be removed within seven days after the completion of the construction Work. The total area of all such signs on lot shall not exceed eight square feet and four feet in height and shall not be illuminated except for construction safety lights placed in hazardous areas.

§197-92. Service station signs.

Notwithstanding any other provision of this article, a gasoline service station may display:

A. One freestanding or pylon sign advertising the name of the station and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that such sign shall be hung within five feet of the property line and not less than 10 nor more than 20 feet above the ground.

B. Two temporary signs located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that said sign does not exceed 15 square feet in area.

C. Directional signs or lettering displayed over individual entrance doors or bays, consisting of only the words "washing," "lubrication," "repairs,' "mechanics on duty' or other words closely similar in import, provided that there shall not be more than one such sign over each entrance bay, the letters shall not exceed 12 inches in height and the total of each sign shall not exceed six square feet.

D. Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of the gasoline sold, a lead warning sign, a price indicator and any other sign required by law.



E. A nonilluminated credit card sign not exceeding two square feet in area to be placed on or near the gasoline pumps.

F. Two signs advertising the price of gasoline being sold. These signs shall be attached to the freestanding or pylon sign advertising the name of the station, and each sign shall be no larger than two feet by three feet and shall be mounted not less than eight feet above the ground and not more than 20 feet above the ground.

§197-93. Sign permit application; fees.

A. No advertising sign, except those set forth in §197-91 above, shall be erected, posted, placed, affixed or maintained upon any premises unless a permit shall have first been obtained therefor from the Construction Official and the fee, if required, paid.

B. Application for such permits shall contain the following information:

(1) Name and address of the applicant.

(2) Location of the building to which the sign is to be attached or the premises on which it is to be erected, accompanied by a plan of such sign.

(3) Name and address of the person, firm or corporation erecting the sign.

(4) Written consent of the owner of the building to which the sign is to be attached or the premises on which it is to be erected.

(5) Such other information as the Construction Official may require to show full compliance with this article and all other ordinances of the borough.

C. Every application hereunder, except for those signs set forth in §197-91 hereof, should be accompanied by the fee as provided in Chapter 91, Fees and Licenses.

D. The Construction Official shall issue the permit only if

(1) The application has been submitted in the form and manner required.

(2) The proposed sign complies in all respects with this article and all other ordinances of the borough.

(3) The application fee, if required, has been paid.

E. Every permit issued hereunder shall automatically expire if the sign authorized hereunder shall not have been erected, posted, placed or affixed within 180 days of the date of issuance.

F. The Construction Official shall revoke any permit if the sign for which it has been issued shall become violative of this article or any ordinance of the borough.

G. The Construction Official shall maintain every application and a copy of every permit as a public record.

H. Each permit shall be numbered and the permit number shall be recorded by the Construction Official as part of the permanent public record maintained in accordance with this subsection.