Hillsdale City Zoning Code
ARTICLE XVII
Signs
§ 310-61 General Provisions.
A.
General provisions applicable to all signs within the Borough of Hillsdale.
(1)
No sign may be positioned on a structure so that it obscures any architectural feature, including, but not limited to, windows, transoms, cornices, trim, porch railings, etc.
(2)
No sign shall be erected in such a way as to obstruct a door, window or fire escape of the building to which the sign is affixed.
(3)
No sign as regulated by this chapter shall be erected at or near an intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or which makes use of the words "stop", "look", "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.
(4)
Obscene matter prohibited. It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.
(5)
All signs shall be constructed of quality materials and shall complement the building's architecture.
(6)
All freestanding signs shall be set back 10 feet from all property lines unless otherwise stated in this chapter.
(7)
All signs shall be maintained in good condition and not allowed to become dilapidated. All signs and their supports shall be kept in continual repair, including cleaning, painting, replacing of defective parts and otherwise maintaining a presentable condition.
B.
Prohibited signs within the Borough of Hillsdale.
(1)
The following signs and sign types are prohibited within the Borough and shall not be erected. Any lawfully existing permanent sign or sign type which is among the prohibited signs listed below shall be deemed a nonconforming sign subject to the provisions of § 310-61C:
(a)
Billboards.
(b)
No freestanding signs shall be at any point more than eight feet above the ground level.
(c)
Signs with flashing, moving or intermittent lighting of any kind, except for carnivals or special events, which have received authorization from the governing body. Also exempt are "Open" signs which may flash.
(d)
LED illuminated signs, except for "Open" signs.
(e)
Portable signs.
(f)
Temporary signs tacked, posted or painted to benches, barrels, buildings, posts, trees, sidewalks, curbs, rocks or any structure.
(g)
Signs that list the names of developers, contractors, subcontractors, engineers or architects on a job site beyond the duration of construction activities or issuance of a certificate of occupancy.
(h)
Signs placed on a public sidewalk or public property, except for signs erected by the Borough or with authorization of the Mayor and Council.
(i)
Roof signs, including signs mounted on mansard roofs.
(j)
Signs painted on the window or the facade of the building, excluding water-soluble paints for seasonal displays.
(k)
Flashing or steady-burning ornamental lights displayed within one foot of a window that are visible to the public for the purpose of enhancing or supplementing the visual attraction to a commercial business. Such lights are permitted for seasonal use to the extent that they are not displayed for longer than 60 days per year and do not create a hazard to safety in the judgment of the Police Department.
(l)
Signs that emit smoke, visible vapor or smoke, sound, odor or visible particles.
(m)
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
(n)
Signs within a sight triangle that obstruct a clear view of pedestrian and/or vehicular traffic.
(o)
Signs which contain or consist of balloons, blimps, streamers, feather flags, spinners or other similar moving devices. Feather flags without letters or logos are also prohibited. Pennants, when not in conjunction with permitted grand opening signs.
(p)
Signs with more than two faces.
(q)
Vehicle signs when the vehicle is not regularly used in the conduct of the business or activity located on the property; and where the vehicle is visible and parked within 50 feet of a street right-of-way.
C.
Nonconforming signs and removal of certain signs.
(1)
Nonconforming signs. A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this chapter and with any other applicable law or regulation.
(a)
Routine maintenance. Routine maintenance is intended to include such activities as cleaning, replacement of light bulbs, fasteners, etc., removal of rust and corrosion and repainting. Specifically prohibited is the replacement of the sign structure, in whole or in part.
(b)
Alteration of nonconforming sign use. Any sign which is nonconforming shall not be enlarged, extended, relocated or altered in any manner.
(2)
Removal of certain signs.
(b)
When an owner entity, such as a shopping center or multi-tenant building, changes and the owner's name is on the sign, then within 90 days the sign shall be removed and replaced if it is nonconforming.
(c)
Business owners will be notified of any violations of Subsections C(2)(a) and (b) above, which exist beyond the above-established time periods and will be given 30 days to comply with the notice before fines are imposed. Failure to remedy the violation will result in fines not to exceed $50 per violation per day.
D.
Exempt signs. The provisions and regulations of this chapter, including § 310-61E shall not apply to the following signs:
(1)
Street address signage shall be provided on each building or for each building tenant. Street address signage may be placed on the facade, the door or on a permitted freestanding sign. A corner building may have street address signage on both street-facing facades.
(2)
Signs not exceeding one square foot in area and bearing only names of occupants of premises or other identification of premises not having commercial connotations.
(3)
Flags of any government entity are permitted within the Borough. However, residential parcels shall be limited to one flagpole, which shall be set back a minimum of 10 feet from all property lines. A flagpole shall not exceed 20 feet in height.
(4)
Traffic or other municipal signs, legal notices, identification, informational or directional signs erected or required by governmental bodies.
(5)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights. This shall include names of buildings and date of erection.
(6)
Directional signs. On-site directional signs, not exceeding three square feet in area and three feet in height shall be permitted as needed for safety. Directional signs may bear the company's logo, which may be a maximum of one square foot. On-site directional signs may be internally illuminated.
(7)
Parking lot markers. Parking lot markers may include paint stenciled on the pavement and freestanding pole signs that are maximum height of six feet and have an area no greater than two square feet. Parking lot markers including signs denoting handicapped spaces, the numbering of spaces, words such as "Reserved" and the like shall be permitted as needed.
(8)
Political signs. A political sign may be displayed as a freestanding sign. A political sign shall be removed within seven calendar days following the election to which it pertains.
(9)
Open signs. For each permitted non-residential establishment, one open sign is permitted. See § 310-4, Definitions for parameters.
(10)
Temporary construction signs. Temporary construction signs shall be permitted identifying the owner, architect, builder, realtor and/or contractor on the premises on which a building is being constructed, altered or repaired, subject to the following limitations:
(11)
Temporary real estate signs, subject to the following limitations:
(a)
For each parcel, one temporary real estate sign for each street frontage may be displayed.
(b)
For a parcel in residential use, the temporary real estate sign shall not exceed six square feet in area and three feet in height. For a parcel in nonresidential use, the sign shall not exceed 20 square feet in area and five feet in height.
(c)
Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease or rent.
(12)
Temporary window signs. Where window signs are permitted, temporary window signs advertising special sales or events shall be permitted, subject to the following limitations:
E.
Permits.
(1)
No person shall erect, alter, locate or relocate or reconstruct within the limits of the Borough of Hillsdale any sign or signs without first having obtained and paid for and having in force and effect a zoning permit for the location of such sign or signs from the Zoning Official of the Borough of Hillsdale.
(2)
Permit procedures and guidelines.
(b)
Permit review.
[1]
Applications for new signs or alterations to existing signs shall be prepared by the applicant and submitted to the Zoning Official.
[2]
Applications and copies of the regulations for signage are available from the Borough.
[3]
Questions about the regulations may be addressed to the Zoning Official.
[4]
Sign design should take into account how it will be constructed, where it will be located and how it will be mounted. Signs shall not be constructed until approval is obtained from the Zoning Official.
(c)
Application description. An application must include the following to be considered complete:
[1]
A completed application form.
[2]
An accurately scaled, fully dimensioned drawing that is legible, clear and prepared to a scale, of the proposed sign and supporting frame, construction, details, copy, illumination, etc.
[3]
A scaled drawing or photograph of the building for which the sign is proposed, with the location of the sign accurately indicated.
(3)
Fee schedule. All applications will require a zoning review fee and a permit fee. Fees shall be as provided in Chapter 138, Fees.
(4)
Upon issuing a sign permit, the Land Use Officer shall furnish duplicates thereof to the Zoning Officer of the Borough of Hillsdale and to the Hillsdale Construction Code Agency.
(5)
Building Code compliance. All signs and all parts thereof, including but not limited to framework, supports, background, anchors and wiring system, shall be constructed and maintained in compliance with the applicable building, electrical and fire prevention codes of the Borough.
(6)
Relocation of signs. Any sign that is moved to a new location, either on the same structure or to other premises, shall be considered a new sign and a permit shall be secured for any work performed in connection therewith, and it shall be in conformance with the requirements herein.
(7)
Enforcement. Enforcement of all sign regulations shall conform to the general enforcement powers conferred by statute and conditions set forth by the Zoning Official.
§ 310-62 Signs permitted for specific uses.
The following uses are permitted within certain districts within the Borough. The signs in this section are required to obtain permits. In addition to the signs that are permitted pursuant to § 310-61D, the following signs shall be permitted for each of the following specific uses:
A.
For parcels containing a permitted public park or public building, the following signs are permitted:
(1)
One illuminated permanent freestanding sign per public street frontage. The maximum sign area shall be 16 square feet.
(2)
Public buildings shall be permitted wall signs and incidental signs as needed for identification purposes as determined by the Borough.
(3)
Temporary freestanding or banner signs may be erected for the purpose of advertising local charitable or non-profit events. Each parcel is permitted a maximum of one temporary freestanding or banner sign. Said sign shall not exceed 12 square feet in area and five feet in height. Said sign shall not be displayed for a period longer than 21 days.
B.
For parcels containing a conditionally-permitted public or private nonprofit school, the following signs are permitted:
(1)
One illuminated permanent freestanding sign per public street frontage. The maximum sign area shall be 20 square feet. Said sign may be digital.
(2)
One wall sign per public entrance. The maximum sign area shall be 32 square feet for each permitted wall sign. Said signs may be externally illuminated.
(3)
Incidental signs are permitted as needed and determined by the school and Zoning Official.
C.
For parcels containing a conditionally-permitted place of worship, the following signs are permitted:
(1)
One illuminated permanent freestanding sign per public street frontage. The maximum sign area shall be 16 square feet. Said sign may be digital.
(2)
One wall sign per street frontage. The maximum sign area shall be 32 square feet for each permitted wall sign. Said sign may be externally illuminated.
(3)
One freestanding bulletin board, which may or may not have changeable letters. Said sign shall not exceed 15 square feet in area and six feet in height. The sign shall be set back at least 20 feet from all property lines. The sign may be illuminated.
(4)
A maximum of two incidental signs are permitted.
(5)
Temporary religious banners may be erected by places of worship for the purpose of advertising meeting dates or special events for said institution. Each place of worship is permitted a maximum of one temporary religious banner. Said sign shall not exceed 15 square feet in area and five feet in height. A temporary religious sign shall not be displayed for a period longer than 21 days.
D.
Public service and charitable organization signs. Nonbusiness related signs, which provide notice of local charitable or nonprofit events, may be displayed as temporary window signs where temporary window signs are permitted within the Borough. These signs shall be counted in the maximum area permitted for temporary window signs. Said signs may be displayed a maximum of 21 days prior to the event and shall be removed immediately thereafter. If the building's windows are not transparent, the public service and/or charitable organization sign may be hung on the exterior of the building.
§ 310-63 Signs permitted in residential districts only.
In addition to the signs that are permitted pursuant to § 310-61D, the following signs shall be permitted in the R-1, R-2, R-3, R-4, TC and SC Districts:
A.
One wall sign indicating a permitted home professional office in the R-4 District, where a home professional office is permitted by ordinance and/or registered with the Borough, provided that such sign shall not exceed two square feet in area. Said sign may be externally illuminated.
B.
Freestanding signs for permitted townhouse or senior citizen communities, where permitted by ordinance, subject to the following limitations:
§ 310-64 Signs permitted in the Industrial District.
In addition to the signs that are permitted pursuant to § 310-61D, the following signs shall be permitted in the Industrial District:
A.
Wall signs, subject to the following limitations:
(1)
One wall sign shall be permitted per business/tenant per public street frontage.
(2)
Each permitted wall sign shall have a maximum sign area of 90% of the linear business frontage in feet, with a maximum area of 32 square feet. For example, if the linear business frontage is 25 feet, the maximum sign area shall be 22.5 square feet.
(3)
The sign shall not project more than 12 inches from the building facade.
(4)
The top edge of a wall sign shall not be installed more than 20 feet above the ground and shall not extend beyond the top of the building.
(5)
Wall signs may be illuminated.
C.
Directory signs, subject to the following limitations:
(1)
Where a building has upper story nonresidential uses, one directory sign shall be permitted per entrance to said upper story establishments. Said sign shall be located next to the exterior entrance to the upper story establishments.
(2)
The maximum sign area shall be three square feet.
(3)
Directory signs may be illuminated by downward focused lights, such as gooseneck lights.
D.
Flagpoles. One flagpole is permitted on each nonresidential parcel. A flagpole shall not exceed 25 feet in height and shall be set back a minimum of 15 feet from all property lines and from any other structure. Each flagpole is limited to one flag, not greater than 15 square feet in area.
E.
Incidental signs. A maximum of three incidental signs are permitted per business/tenant.
§ 310-65 Signs Permitted in the Commercial and Mixed-Use Districts.
[Amended 6-12-2018 by Ord. No. 18-12]
In addition to the signs that are permitted pursuant to § 310-61D, the following signs shall be permitted within the Commercial District:
A.
A permitted ground floor use may have a wall or projecting or awning sign. A business wishing to have a combination of the aforementioned signs shall be required to obtain a variance. The standards for wall, projecting and awning signs are as follows:
(1)
Wall signs, subject to the following limitations:
(a)
One wall sign shall be permitted per ground floor use per public street frontage.
(b)
The following types of wall signs shall be permitted:
[1]
Individually internally illuminated channel letters. Example shown below.
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[2]
Individual externally illuminated raised letters. Example shown below.
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[3]
Back-lit raised letters with concealed ballast, which creates a halo effect. Example shown below.
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[4]
Internally lit raised letters with concealed ballast. Example shown below.
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[5]
Signage board with or without gooseneck lighting. Example shown below.
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(c)
The horizontal dimension of the sign shall not exceed 80% of the width of the building frontage occupied by the use.
(d)
Each permitted wall sign shall have a maximum sign area of 95% of the linear business frontage in feet, with a maximum area of 24 square feet. For example, if the linear business frontage is 20 feet, the maximum sign area shall be 19 square feet.
(e)
Wall signs shall not project more than 12 inches from the building facade.
(f)
The top edge of a wall sign shall not be installed above the bottom of any second floor windows or within one foot of the top of a parapet.
(2)
Projecting signs, subject to the following limitations:
(a)
One projecting sign shall be permitted per ground floor use per public street frontage.
(b)
The maximum sign area shall be 10 square feet.
(c)
The lower edge of a projecting sign shall be at least eight feet above the sidewalk or grade. The highest edge of a projecting sign shall be no more than 14 feet above the sidewalk or grade.
(d)
A projecting sign shall be attached to its support so that it does not swing.
(3)
Awning signs, subject to the following limitations:
(a)
One awning sign shall be permitted for each business on the first floor of a commercial building.
(b)
The maximum sign area shall be 90% of the linear business frontage in feet, with a maximum area of 20 square feet. For example, if the linear business frontage is 20 feet, the maximum sign area shall be 18 square feet.
(c)
The horizontal dimension of the text/logo shall not exceed 90% of the width of the awning.
(d)
The lower edge of an awning sign shall be at least eight feet above the sidewalk or grade. No roll-out type of awning may extend greater than six feet beyond the building facade or within 18 inches of the curb face. All fixed awnings shall extend no farther than three-and-one-half feet beyond the building facade.
(e)
Awnings may be illuminated with downward lighting, such as gooseneck lighting.
B.
Supplemental wall signs, subject to the following limitations:
(1)
One externally illuminated wall sign is permitted on a rear facade with a business entrance facing a parking area.
(2)
The maximum sign area shall be six square feet.
(3)
The sign shall not project more than six inches from the building facade.
(4)
The sign shall be located next to the business entrance and the top edge of the sign shall be no higher than 10 feet above the sidewalk or grade.
C.
Directory signs, subject to the following limitations:
(1)
Where a building has upper story nonresidential uses, one directory sign shall be permitted per entrance to said upper story establishments.
(2)
The maximum sign area shall be four square feet.
(3)
Directory signage shall be located next to the exterior entrance to the upper story establishment(s). The top edge of the sign shall be no higher than seven feet above the sidewalk or grade.
D.
Freestanding signs, subject to the following limitations:
(1)
Properties where the building is set back 60 feet or more from the right-of-way may have a freestanding sign.
(2)
There shall be no more than one freestanding sign per property.
(3)
Freestanding signs shall not exceed 25 square feet in area and eight feet in height.
(4)
Freestanding signs may be internally or externally illuminated.
E.
Window signs, subject to the following limitations:
(1)
Permitted ground floor and upper story nonresidential uses may have window signs.
(2)
Window signs shall not exceed 25% of the area of the glass surface, but in no event shall they exceed a total of 36 square feet; the more restrictive limitation shall apply. Window signs on doors shall not exceed 10% of the glass area of the door on which they are affixed.
(3)
All window signs shall be neat, clean and professional-looking. Window signs shall pertain only to the establishment occupying the premises where the window is located.
(4)
Illuminated interior signs located within six feet of the window glass or door glass of a building shall be considered a window sign and shall meet all applicable requirements for window signs.
(5)
Indirectly illuminated interior signs located within two feet of the window glass or door glass of a building shall also be considered a window sign and shall meet all applicable requirements for window signs.
F.
Menu boxes. One menu box is permitted for each restaurant, which shall not exceed a maximum of three square feet. The front of the box shall be comprised of clear safety glass, plastic or similar materials.
G.
Flagpoles. One flagpole is permitted on each nonresidential parcel. A flagpole shall not exceed 25 feet in height and shall be set back a minimum of 15 feet from all property lines and from any other structure. Each flagpole is limited to one flag, not greater than 15 square feet in area.
H.
Temporary grand opening signs, subject to the following limitations:
(1)
One temporary grand opening or coming soon sign may be displayed for the grand opening of a business, relocation of a business or to announce the approaching arrival of a new business. Additionally, a maximum of two strings of pennants may be hung in conjunction with the sign. Said pennants shall not be attached to public or private trees or public street lights. No words or logos are permitted on pennants.
(2)
Said sign shall not exceed a maximum of 20 square feet.
(3)
Said sign shall be located within the window of the commercial establishment or on the exterior of the building no higher than the roofline.
(4)
A temporary grand opening sign shall not be displayed for a period longer than 45 days.