ORDINANCE NO AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER XXV ZONING AND LAND DEVELOPMENT OF THE REVISED ORDINANCE OF THE CITY OF OCEAN CITY

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1 ORDINANCE NO AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER XXV ZONING AND LAND DEVELOPMENT OF THE REVISED ORDINANCE OF THE CITY OF OCEAN CITY BE IT ORDAINED by the Mayor and Council of the City of Ocean City, County of Cape May, State of New Jersey, as follows: SECTION 1. Sections General Provisions through Illumination shall be deleted in their entirety and shall read as follows: Signs Purpose: The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. The intent of these regulations is to balance businesses need to optimize visibility with the cumulative safety and aesthetic impact of all signs in the community. This ordinance is consistent with 2009 Community Design Guidelines and the goals in the City of Ocean City Master Plan Definitions when a specific definition is not provided, standard definitions shall be used. Animated or Moving Sign a sign employing actual motion or the illusion of motion. Can be electronically activated, environmentally activated, and mechanically activated. Architectural Projection any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. Awning an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Awning Sign a sign attached to, affixed to, or painted on the surface of an awning. Banner Sign a sign made of fabric or other similar flexible material with no framework or electrical components. A pole banner sign generally is made of fabric, affixed to a lamppost, and celebrates an event, season, community, downtown district or organization. Bench Sign a sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or right of way. Memorial nameplates or dedication plaques are not included. 1

2 Billboard Sign a commercial sign that directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Canopy a multi-sided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns. Canopy Sign a sign that is attached to a canopy. Changeable Signs Fixed-message electronic signs signs whose basic informational content has been preprogrammed to include only certain types of information projection, such as time and temperature. Electronic Message Sign an electronically activated changeable sign whose variable message capability can be electronically programmed. Construction Sign a temporary sign placed on the premises where construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. Directional and Informational Sign - signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit." Window signs such as those that indicate hours of operation, credit card acceptance, and business affiliations are considered as informational signs. Directory Sign a sign listing the tenants or occupants of a building or group of buildings and that may also indicate their respective professions or business activities. Face, Sign the area or display surface used for the message. Façade, Principal the exterior wall of a building or structure that fronts on a public street. Façade Sign the sign on the principal façade of a building. Freestanding Sign a sign supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or on the ground. Ground Sign or Monument Sign - a freestanding sign in which the entire bottom is in contact with or is close to the ground, supported by internal structural framework. Hanging Sign a freestanding sign supported by the extended arm of a single post. 2

3 Illuminated Sign a sign characterized by the use of artificial light, either projecting through its surface (internally illuminated); or reflecting off its surface (externally illuminated.) Inflatable Sign any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event. Informational Sign see Directional and Informational Sign Marquee any hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance. Marquee sign any sign part of a marquee and designated to have changeable copy, either manually or electronically. Memorial Sign a sign, tablet, or plaque memorializing a person, event, structure, or site. Monument Sign see ground sign Neon Sign a sign consisting of glass tubing, bent to form letters, symbols, or other shapes and illuminated by neon or a similar gas through which an electric voltage is discharged. Non-conforming sign a sign lawfully erected and maintained prior to the adoption of the current ordinance that does not conform with the requirements of the current ordinance. Pole Sign a sign that is mounted on a freestanding pole. Portable Sign a sign that is moveable and not permanently attached to a structure or the ground, including A-frame signs. Projecting Sign a sign attached to, and projecting out from a building face or wall, generally at right angles to the building. Roof Sign A sign mounted on, and supported by a roof, or signs that project above the highest point of the roofline, parapet or fascia of the building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered roof signs. Shopping Center Two or more commercial establishments on one property, managed as a unit, and providing retail goods and personal services. (also add definition to general definition. section) Shopping Center Sign A free-standing sign that identifies all the businesses in the shopping center. 3

4 Sign a name, identification, description, display or illustration which is affixed to, printed or represented directly or indirectly upon a building, structure or parcel of land, which directs attention to a person, institution, organization, activity, place, object, product or business. Sign Area the entire face of a sign, including the surface and any frame, trim or molding, but not including the supporting structure. Where there is no frame or edge, the area shall be defined by an outlined around the sign elements. Special Event Sign - any sign providing information regarding a public, non-profit fundraising event. Suspended Sign - a sign hanging down from a marquee, awning, canopy, porch, or roof overhang that would otherwise exist without the sign. Wall Sign a sign fastened to, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the signs, and that does not project more than 18 inches from such building or structure. Window Sign a sign affixed to the surface of a window with its message intended to be visible to and readable from the public right of way or from adjacent property General Provisions a. Unless otherwise stated herein, the installation of any permanent sign for a commercial, professional and/or institutional use shall require a zoning permit. 4

5 b. No sign shall be installed which is not in accordance with standards established in this Chapter. If a sign type is not specifically permitted, it is prohibited. c. Each principal structure shall have affixed thereto appropriate numbers indicating its street address in a size and location so as to be readily visible from the street. d. No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted use conducted on the same premises. A sign advertising or directing attention to another premise and any other signs unrelated to the premises on which the sign is erected is prohibited. e. No sign of any type shall be permitted to obstruct driving visions, traffic signals, traffic directional and identification signs, or vehicular or pedestrian traffic in a public right of way. No sign shall exceed 30 in height within the sight triangle, defined herein. f. No sign or sign supports shall be located within any street, road, sidewalk or other public right of way, except where provided herein for awning, canopy and projecting signs. g. No sign may project above the roof line of the building on which it is mounted, or above the maximum height of the building to which it is associated. h. All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings, or faces, maintenance of legibility and all lighting elements. i. Freestanding signs, where permitted by district regulation, are limited to no more than one per property, and shall be set back four (4) feet from the property line or public right of way. The maximum height of all freestanding signs shall not exceed the roof line or highest portion thereof devoted to such use or activity, or 15 in height, whichever is less. A single pole sign shall have an architectural finish so that an exposed metal pole shall not be permitted (painting does not satisfy this requirement). Examples of treatment include wood molding. All freestanding signs shall be surrounded by a landscaped area, the area of which equals 50% of the sign area. j. Monument Signs shall not be placed closer to a public right-of-way, pedestrian walkway, or parking area than one-half (0.5) times the height of the sign height, and in no way shall violate sight triangle regulations. All monument signs shall be surrounded by a landscaped area, the area of which equals 25% of the sign area. k. Wall signs shall not exceed 5% of any wall. Wall signs shall not extend above the height of the vertical wall or cornice to which they are attached. The maximum height of a wall sign shall not exceed the height of the use or activity to which the sign represents. 5

6 l. Projecting signs, including framework or brackets, are permitted to encroach over the public right of way by a maximum of four (4) feet. The bottom of the sign shall be at least eight (8) feet from grade. Projecting signs may extend above the commercial use or activity by 3. m. Awning signs are limited to 25% of the awning, and letters and graphics are limited to 8 in height. Awnings may project a maximum of four (4) feet into the right of way, but the total projection shall not be any greater than five (5) feet from the face of the building, except in the On-Boardwalk Zone where the projection of a retractable awning may be up to 10. The bottom of the awning shall be at least eight (8 ) feet from grade, and no higher than twelve feet (12 ) above grade. Awning supports are not permitted within the setback requirement, or in the public right of way. No signs, merchandise, banners or flags shall be attached to the bottom of an awning. n. Canopy Signs are limited to six (6) or eight (8) square feet (see district regulations). Suspending canopy signs shall have an 8 clearance from grade. The canopy sign may not project beyond the canopy. o. Portable or A-frame signs are limited to six (6) square feet per side and shall be placed within the property or against the building, and shall not impede pedestrian flow. They shall only be permitted during the time the business is open. In the On-Boardwalk zone, they are only permitted from October 15 to April 15 of consecutive years. p. Window signs include any sign located within two (2) feet of a window. q. For shopping centers, in addition to a main shopping center sign, each individual storefront may have a facade sign and window signage compliant with these regulations. r. Signs shall not use red, yellow and green lights which in the judgment of the Chief of Police interfere with the operation of any traffic control signal. s. Signs shall not, in the judgment of the Chief of Police, unreasonably tend to distract drivers or otherwise constitute a traffic hazard. t. Signs shall not advertise matter of an indecent or obscene nature. u. Signs shall not block or obscure the view of an adjacent sign. v. Signs shall not attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency. w. Signs shall not obstruct doors, fire escapes or stairways or keep light or air from windows used for living quarters including motel, hotel, boarding house and similar rooms. x. Signs shall not be restricted by common ownership documents. 6

7 y. Institutional signs for schools, churches and other public or semi-public institutions shall conform to the following regulations: 1. Signs for Quasi-Public Uses of a Religious Nature (refer to ) 2. Educational Uses (refer to ) 3. Private and Quasi-Public Recreation Areas (refer to ) z. Computations 1. Sign Area Measurement for those signs with a defined background, the calculated sign area includes the defined background. For signs that have no defined background, such as letters affixed to or painted on a wall, the area shall be computed by measuring the outline of the letters or graphics. The area for a sign with more than one face includes the sum of all the area of signs visible from any one point. For double-sided identical signs, and V-shaped signs at a 15% or more acute angle, only one side is included in sign area. Interior signs recessed two (2) feet or more from the front building wall shall not be calculated as sign area. 2. Sign Height Measurement sign height is measured at the highest point of the sign or sign structure, whichever is higher. 3. Computation of Total Permitted Sign Area - includes all sign types except those listed as Exempt or as Signs Not Requiring a Permit herein. 4. For properties that have more than one side facing a street, additional signage may be permitted in accordance with the standards for this section, for each major street upon which the parcel fronts, but may not be combined and placed facing one street. In no case shall more than one (1) freestanding sign be permitted per property. aa. Illumination all signs which obtain a zoning permit may be illuminated per the requirements of section Signs that are exempt or do not require a permit as defined in sections F and G below shall not be illuminated. Clear glass neon and exposed tube neon lights are specifically prohibited. All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area Prohibited Signs a. Electronic message signs. 7

8 b. Animated, blinking, flashing, moving or revolving signs, except in the On- Boardwalk Zone provided they face only East, North or South and do not face residential zones or structures. c. Roof signs. d. Signs attached to trees or utility poles. e. Inflatable signs. f. Billboard signs. g. Bench signs. h. Any sign attached to or place on a vehicle except for those vehicles actively used in the daily function of the business to which such signs relate. i. Banners, except where permitted herein. j. Pennants, except where permitted herein. k. Internally lit vinyl awnings, except in the On-Boardwalk zone. l. Moving or revolving signs and signs using blinking, flashing, vibrating, pulsating, flickering, or tracer lighting, except in the On-Boardwalk zone providing these signs only face east, north or south, and do not face residential zones or structures Permits Required All signs except those listed in Section , Exempt Signs or as Section , Signs Not Requiring a Permit herein, require a zoning permit prior to installation. Certain sign types also require a construction permit to ensure proper, safe and secure installation. Signs shall be constructed and installed in conformance with the New Jersey Uniform Construction Code. SECTION 2 Section Signs Permitted Without a Permit is amended by deleting Subsection n, Reserved and adding the following: Exempt Signs the following signs are exempt from regulations, and do not require a permit. n. Official traffic, parking and street signs; trespassing signs and signs indicating private ownership of roadways or other private property; non-illuminated directional signs identifying parking areas, loading zones, entrances, exits, and similar locations. The signs may 8

9 include a business name or professional name but shall not include any advertising message and shall not exceed three (3) square feet. o. Miscellaneous signs authorized by the Chief of Police. p. Signs installed by or at the direction of the municipality upon public streets, roads, sidewalks, and right of ways or other real property owned or controlled by the municipality. q. Flags or emblems of religious, educational, civic, or governmental organizations flown from supports of the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the Federal or State government. r. Name and number plates affixed to a house, apartment or mailbox, and lawn signs, with the purpose of identifying residents not exceeding two hundred sixteen (216) square inches in area (one and one half (1 1/2) square feet). The signs shall not contain any advertising message and shall be non-illuminated except by a light that is an integral part of a lamp post if used as a support. s. Signs that are an integral part of vending machines and gasoline pumps. SECTION 3 Sections Prohibited Signs through Signs Permitted in the On- Boardwalk (On-Bd) Zone District shall be deleted in their entirety and shall read as follows: Signs Not Requiring a Permit a. Decorative or informational flags such as open or welcome, with a limit of one flag per business. Flags and flagpoles shall not be in the right of way. b. Information posted regarding hours of operation, credit cards accepted. Such information shall be permitted only where attached to the building, window or door. No letter or number in excess of four (4) inches vertical height shall be permitted. c. Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by public or non-profit agencies. d. Signs identifying a resident s name and/or street number, limited to one and a half (1-1/2) square foot. e. Neon open signs limited to 2 square feet or less. 9

10 f. One (1) changeable copy sign, such as a menu board, shall be permitted for each twenty feet (20') of store frontage, located on the front wall adjacent to the store entrance, and not greater than four (4) square feet in sign area. g. Temporary Signs Temporary signs generally lack good design, are made of substandard material, and are often located in the public right of way. Enforcement is difficult due to their ability to be removed easily. Recognizing that temporary signs serve an important commercial and economic function, this ordinance seeks to balance these issues through reasonable, appropriate, and measurable regulation. 1. For sale or rent (also codified in Chapter of the General Revised Code of Ocean City) Each residential or commercial dwelling unit shall be permitted to have a single sign advertising the unit for sale, rent, or both. The sign shall be attached to the building or placed immediately next to, and within one (1') foot, of the building. The size of the sign shall not exceed three (3) square feet in area. The sign shall be parallel to the road or roads on which the property is located. In the event that more than one (1) real estate office is advertising the property for sale or lease, the signs of the respective real estate offices shall be placed together attached in a vertical alignment, but in no event shall the total area of all of the signs of the individual real estate offices exceed three (3) square feet in area. In the event the property being offered for sale or lease is located on the ocean, bay or lagoon, a sign complying with subsection a and b may be located on that portion of the building facing the street and the ocean, bay or lagoon. In the event the residential or commercial dwelling being offered for sale or lease is located on a corner, a sign may be affixed to each side of the building facing, or abutting a street. The size of any sign shall not exceed three (3) square feet in area. In the event there is more than one (1) real estate office advertising a property for sale or lease, the signs of the respective real estate offices shall be placed together attached in a vertical alignment, but in no event shall the total area of all of the signs of the individual real estate offices exceed three (3) square feet in area. For vacant land, there shall be one (1) sign announcing the property for sale or lease. The sign may be double sided. Each side of the sign shall not exceed three (3) feet in area and shall be placed as near as practical to the center of the lot. While the building is undergoing construction, the real estate sign shall be placed upon the temporary utility pole. The size of the sign shall comply with subsection g.1. (this subsection) above. Once the building has been framed, and 10

11 the final texture or material (for example: vinyl siding, brick, stone, wood) applied, the signs shall be attached to the building as required in subsection g.1. (this subsection) above. Following the sale of a property, all real estate signs announcing the property for sale, or announcing that the property has been sold, shall be removed within five (5) calendar days of the settlement. Banners, flags, balloons, open house signs, and other advertising products announcing an open house, associated with a property for sale, shall be permitted to be placed on the property, provided they are placed upon, and removed from the property on the day of the open house, and further provided that a sales agent is present on the property during the open house. Compliance with real estate sign regulations contained herein shall be the responsibility of the real estate agency or agencies whose signs appear on the property, and/or the owner of the property. The owner shall be solely responsible if the property is being offered for sale or rent by the owner without the assistance of a broker. (Ord. # ) 2. During the construction of a building the general contractor shall place a sign on the temporary utility pole, containing the name, address and telephone number of the general contractor and the lot, block and street address of the project. Once the building has been framed, and the final texture or material (for example: vinyl siding, brick, stone, wood) applied, the sign shall be attached to the building as required in subsection g.1. above. The sign shall not exceed three (3) square feet in area. The sign shall be removed within five (5) days of the issuance of the certificate of occupancy. In the event the building contains more than one (1) unit the sign shall be removed within five (5) days of the issuance of the final certificate of occupancy. Compliance with this section shall be the responsibility of the business, company, or institution advertised on the sign. (Ord. # ) 3. Temporary political signs shall be permitted to be placed upon private property for a period of thirty (30) days prior to an election. The signs shall be removed within five (5) calendar days of the election. Each political sign in residential zones shall not exceed three (3) square feet in area, per side. Political signs may be double sided. Political signs in nonresidential zones shall not exceed twenty-four (24) square feet in area. (Ord. # ) 4. Signs with a maximum size of 2 square feet, posted inside windows advertising help wanted. 5. Yard sale and/or garage sale signs. Signs advertising yard sales and/or garage sales shall be permitted but must be removed within twenty-four (24) hours after the event. 11

12 6. Each commercial use may have temporary signs or other advertising materials attached to a wall or window which shall not exceed one (1) square foot in area for each one lineal foot (1') of storefront shall be limited to not more than thirty (30) days in any quarter year. Banners may not exceed 24 square feet. 7. Temporary signs for advertising public functions or fund raising events for charitable or religious organizations shall be permitted for a period of thirty (30) days prior to and during the event and shall be removed within five (5) days after the event. The sign shall be non-illuminated, not larger than twenty-four (24) square feet in area, and may be erected flat against the building or freestanding, providing the sign is installed at the location of the event, otherwise, it may not be larger than twelve (12) square feet in area and not exceed eight feet (8') in height. 8. Event posters with a maximum of 4 square feet, posted inside windows advertising public and non-profit events only Substandard or Illegal Signs a. Unsafe Signs If any sign or supporting structure is deemed unsafe by the construction official, zoning officer, or code official, the owner thereof or the person or firm responsible for the property, upon written or verbal notice shall make the sign safe or remove the sign. If the sign is not removed in the time period indicated, the sign can be removed by the City at the expense of the property owner, and shall be cause for the issuance of a summons to appear in municipal court. b. Obsolete Sign Copy any individual, corporation or entity who owns or leases a sign shall remove said sign within thirty (30) days after the party no longer conducts business on the premises. c. Illegal Signs - Any sign that is unlawfully installed (without zoning and/or construction approval, or not in conformance with an approved permit) shall be removed by the owner immediately upon notification with reason by the construction official, zoning officer, or code official. Failure to remove an illegal sign shall be cause for the issuance of a summons to appear in municipal court. d. Signs in need of repair All signs shall be kept in good repair, which shall include replacement or repair of the following: Any element that is faded, ripped or broken or otherwise in a condition of neglect. Burned out or broken lighting elements Sign legibility A sign determined by the zoning officer or code official to be in need in repair or not maintained in proper condition, shall be repaired or removed within ten (10) days 12

13 after receipt of notice. If the sign is not removed in the time period indicated, the sign can be removed by the Borough at the expense of the property owner, and shall be cause for the issuance of a summons to appear in municipal court. e. Durable materials All exterior signs shall be made of durable material and fastened securely with non rusting hardware. Corrugated plastic, retail merchandise and other similar materials are considered substandard and unacceptable outdoor sign materials and shall be removed. Poster materials are permitted for temporary signs only, with time limitations specified in these regulations Design Guidelines a. Every sign shall be designed as an integral architectural element of the structure, building and site to which it principally relates. It shall be in good scale and proportion in design and visual relationship to structures, building and other surroundings. b. The colors, materials, and lighting of every sign shall be harmonious with the structure, building and site to which it relates. c. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. d. Freestanding signs shall be landscaped as defined herein. e. All illuminated signs shall be properly shielded and located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area Non-conforming signs a. Continuance. The lawful use of any sign existing at the date of the adoption of this Ordinance may be continued, although if such sign does not conform to the regulations specified herein, such nonconforming signs shall not be structurally altered, enlarged, extended or illuminated if not previously illuminated. Any nonconforming sign that is not substantially destroyed or damaged by fire or other casualty loss may be restored or replaced, with prior written approval of the Zoning Officer, provided the sign shall not be changed in size or appearance. Photographic documentation may be required. The changing or maintenance of movable parts or components of a nonconforming sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of such sign shall be permitted, upon prior written approval from the Zoning Officer. Photographic documentation may be required. 13

14 b. Abandonment. A nonconforming sign shall be presumed to be abandoned when there occurs a cessation of any use or activity pursuant to Ordinance. c. Reversion. No nonconforming sign shall, once changed into a conforming sign, be changed back again into a nonconforming sign Administration and Enforcement a. Enforcement of all sections of the within Chapter shall be commenced by the issuance of a violation notice with order to comply. If no action is taken by the property owner, there shall be a filing of a complaint in the Municipal Court. b. Any person found guilty of violation of this Chapter, or any Section therein, shall be subject to a fine not to exceed the sum of two hundred ($200.00) dollars for a first offense. For a second offense or subsequent offense, a fine of not less than two hundred ($200.00) dollars nor more than five hundred ($500.00) dollars, provided, however, that the Court shall waive or suspend any fines if the Court determines it is appropriate to do so. An individual need not be charged as a subsequent offender in order to be fined as a subsequent offender District Regulations a. Signs in Residential Districts 1. Residential name plates, lawn signs and temporary real estate, contractor, and political signs as specified in section , above. Institutional Signs as permitted in section x. 2. Free-standing sign for multi-family residential complex at a limit of one square foot per ten (10) feet of frontage dedicated to such use, with a maximum of twenty four (24) square feet. 3. Signs advertising permitted home professional businesses, no larger than two (2) square feet in area, provided that not more than one (1) such sign is erected for each property. b. Signs in Central Business, Central Business -1, Marine Village Harbor and Drive-In Business Districts 1. There shall be no more than three (3) signs per business. Undersized lots are permitted no more than two (2) signs. Sign types permitted in the CB, CB-1, MVH and DB districts include: Awning signs, maximum area 25% of awning, maximum lettering size 8 ; 14

15 Canopy signs, maximum eight (8) square feet; Façade signs, maximum 15% of commercial activity façade; Projecting signs, maximum six (6) square feet, total projection no more than 4 ; Wall signs, maximum 5% of commercial activity wall; Window signs, maximum 25% of window. Freestanding signs, maximum eight (8) square feet per 15 of frontage, with a limit of 32 square feet. 2. In addition to the above, the following is permitted: One 6 square foot portable sign against the building or within the property line; One changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20 ) of store frontage. Temporary signs as regulated in G.7 above. c. Signs in Hotel Motel and Hotel Motel -1, and Off-Boardwalk Districts 1. There shall be no more than three (3) signs per business. Undersized lots are permitted no more than two (2) signs. Sign types permitted in the HM and HM-1 and Off-Bd districts include: Awning signs, maximum area 25% of awning; maximum lettering 8 ; Canopy signs, maximum eight (8) square feet; Façade signs, maximum 15% of commercial activity façade; Projecting signs, maximum six (6) square feet, projecting no more than 4 ; Wall signs, maximum 5% of commercial activity wall; Window signs, maximum 25% of window. Freestanding signs, maximum eight (8) square feet per 15 of frontage, with a limit of 48 square feet. 2. In addition to the above, the following is permitted: One 6 square foot portable sign against the building or within the property line; One changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20 ) of store frontage. Temporary signs as regulated in G.7 above. d. Signs in On-Boardwalk District 1. The total sign permitted sign area shall not exceed twenty five percent (25%) of the front wall area of the building or portion thereof, devoted to such 15

16 use or activity. Front wall area is defined as the vertical face of the first floor façade, including walls, parapets, or roofs that are sloped no more than five percent (5%). 2. Sign types included in the total permitted sign area include any combination of the following, with no limit on the number of signs: Awning signs, maximum area 25% of awning; maximum lettering 8 ; Canopy signs, maximum eight (8) square feet; Façade signs Wall signs Window signs, maximum 25% of window 3. In addition to the above, the following is permitted: Freestanding signs not exceeding 15 in height where open amusement or recreation uses are the predominate use. The area of the freestanding sign shall not exceed two (2) times the Boardwalk frontage, and the sign shall be set back a minimum of two feet (2 ) from the property line. One 6 square foot portable sign against the building or within the property line only permitted between October 15 and April 15 of consecutive years; One changeable copy sign such as a chalk menu board, limited to four (4) square feet for every twenty feet (20 ) of store frontage. Temporary signs as regulated in G.7 above. e. Signs in Neighborhood Business District 1. There shall be no more than two (2) signs per business. Sign types permitted in the NB district include: Awning signs, maximum area 25% of awning; maximum lettering 8 ; Canopy signs, maximum six (6) square feet; Façade signs, maximum 15% of commercial activity façade; Projecting signs, maximum six (6) square feet, total projection no more than 4 ; Wall signs, maximum 5% of commercial activity wall; Window signs, maximum 25% of window. Freestanding signs, maximum eight (8) square feet per 15 of frontage or 1,500 square feet of lot area, with a limit of 24 square feet. 2. In addition to the above, the following is permitted: One 6 square foot portable sign against the building or within the property line; 16

17 One changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20 ) of store frontage. Temporary signs as regulated in G.7 above. Zone f. Signs in 9 th Street Gateway and 34 th Street Gateway Zones and Office Bank 1. There shall be no more than three (3) signs per business. Undersized lots are permitted no more than two (2) signs. Sign types permitted in the 9 th Street Gateway, 34 th Street Gateway and Office Bank districts include: Awning signs, maximum area 25% of awning; maximum lettering 8 ; Canopy signs, maximum six (6) square feet; Façade signs, maximum 15% of commercial activity façade; Projecting signs, maximum six (6) square feet, projecting no more than 4 ; Wall signs, maximum 5% of commercial activity wall; Window signs, maximum 25% of window. Freestanding monument signs only, maximum eight (8) square feet per 15 of frontage, with a limit of 60 square feet. 2. In addition to the above, the following is permitted: One 6 square foot portable sign against the building or within the property line; One changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20 ) of store frontage. Temporary signs as regulated in G.7 above. SECTION 4 Section Definitions, is amended as follows: Delete definitions for Banner; Billboard; Erect; Sign, A Frame (sign definitions moved to except for definitions below of sign and non-conforming sign.) Add: Sign a name, identification, description, display or illustration which is affixed to, printed or represented directly or indirectly upon a building, structure or parcel of land, which directs attention to a person, institution, organization, activity, place, object, product or business. Sign, Non-conforming a sign lawfully erected and maintained prior to the adoption of the current ordinance that does not conform with the requirements of the current ordinance. 17

18 Salvatore Perillo, Mayor M. Susan Sheppard, Council President The above Ordinance was passed by the Council of Ocean City, New Jersey, at a meeting of said Council held on the 14 th day of May, 2009, was amended and was taken up for a second reading and final passage at a meeting of said Council held on the 27 th day of August, 2009, wherein it was unanimously tabled and brought back for second reading and final passage at a meeting of said Council held on the 10 th day of September, 2009, in Council Chambers, City Hall, Ocean City, New Jersey, at seven o clock in the evening. Linda P. MacIntyre, City Clerk 18