Middlesex City Zoning Code
ARTICLE IX
Signs
§ 420-61 Signs.
A.
Intent. The following design, size and setback requirements have been established in order to prevent clutter, confusion and adverse visual impacts.
B.
Permit required. It shall be unlawful for any person to erect, structurally alter, enlarge, rebuild or relocate any sign without first obtaining a permit from the Construction Official.
[Amended 6-29-1993 by Ord. No. 1285]
C.
Definitions. As used in this article, the following terms shall have the meanings indicated:
BILLBOARD
A sign which directs attention to a business, industry, profession, commodity, service or entertainment which is not sold, offered or manufactured upon the premises where the sign is located.
BUSINESS SIGN
A sign which directs attention to a business, industry, profession, commodity, service or entertainment which is sold, offered or manufactured upon the same premises where such sign is located.
DIRECTORY SIGN
A sign identifying two or more persons, agencies or establishments located on the premises.
EXTERNALLY ILLUMINATED SIGN
Any illuminated sign whose illumination is derived from an external artificial source outside the display portion of the sign.
FLASHING SIGN
A sign in which the illumination varies in intensity when in use.
FREESTANDING SIGN
Any sign attached to a structure, the sole purpose of which is to support the sign. Freestanding signs must be permanently attached to the ground.
IDENTIFICATION SIGN
A sign identifying the name of an attached housing development.
INSTITUTIONAL SIGN
A sign identifying a club, association, nursery school, church, firehouse, nursing home, day care facility or other institution or quasipublic use.
INTERNALLY ILLUMINATED SIGN
Any sign whose sole source of artificial illumination is contained within the display portion of the sign.
MOBILE SIGN
Any sign which is neither a freestanding, wall, nor window sign and which can be transported from one location to another.
NAMEPLATE SIGN
A sign which states the name and/or address of the occupant of the lot where the sign is located.
PROFESSIONAL SIGN
A sign listing the name, profession and/or specialty of each practitioner.
ROOF SIGN
A sign constructed or supported upon the roof of any building or structure.
SIGN AREA
The area enclosed by the outermost frame or edge of a sign. In case of lettering attached to building facades, the sign area shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between. For double-faced, freestanding signs, the sign area of only one display face shall be measured in computing total sign area. In determining the maximum permitted sign area for a wall sign, the wall area utilized for calculation purposes shall include any applicable mansard.
TEMPORARY SIGN
A sign which is intended to advertise for a limited period of time either community or civic projects, real estate for sale or lease, a special offer of products or services, a political cause or candidate or a contractor doing work on the premises. Temporary signs shall not remain in place for in excess of six months.
WALL SIGN
Any sign attached to a building facade.
WINDOW SIGN
A business sign which is comprised of lettering painted directly on a window.
D.
Permitted signs. All permitted signs shall be classified as either freestanding signs, wall signs or window signs. The following regulations shall apply in the specific districts to all signs other than those specifically exempted.
(1)
Residential districts.
(a)
Institutional signs. Institutional signs may be erected, provided that the size of any freestanding sign shall not exceed 20 square feet, and not more than one such sign shall be placed on each road upon which such use fronts. Signs attached to the facade of the structure shall be permitted, provided that the area of the sign shall not exceed 5% of the building facade. Freestanding signs shall not exceed 10 feet in height and shall be set back a minimum of 10 feet from all property lines.
(b)
Identification signs for attached housing developments. One nonilluminated project identification sign shall be permitted for each access road into the development. Such sign must generally conform to the design of the proposed project and shall not exceed 35 square feet in area. Such signs shall be set back a minimum of five feet from the public right-of-way and 20 feet from all adjacent properties.
(c)
Nameplate signs. Residential nameplate signs and professional nameplate signs indicating the name and profession of the occupant of a dwelling, provided that such signs do not exceed two square feet in area and are not lighted between the hours of 9 p.m. to 8 a.m.
(d)
Nonresidential business signs permitted in the R-T District:
[1]
One sign advertising a nursery or other permitted use shall be permitted in the R-T District. Said sign shall comply with the requirements for institutional signs.
[2]
One freestanding directory sign shall be permitted in the R-T District. Such sign shall not exceed 20 square feet in area on any one side and shall be located not less than 10 feet from any street or property line.
(e)
Illumination. Signs may be either internally or externally illuminated in all residential zones, including in the R-T District.
[Amended 6-29-1993 by Ord. No. 1285]
(2)
Commercial and industrial districts.
(a)
Wall business signs. Wall signs attached to the main building shall be permitted subject to the following conditions and regulations:
[1]
Such sign or signs shall be restricted in area to 10% of the wall area upon which such sign is attached or affixed.
[2]
Where a sign extends more than three inches from the face of said wall, the bottom edge of said sign shall not be less than 10 feet from the ground.
[3]
Such sign shall not have a vertical dimension in excess of five feet.
[4]
No wall sign shall exceed the building's roofline.
(b)
Freestanding business signs. Freestanding signs shall be permitted, subject to the following conditions and regulations:
[1]
Only one freestanding sign shall be permitted per property.
[Amended 6-29-1993 by Ord. No. 1285]
[2]
Such sign shall not exceed 15 feet in height and shall be set back a minimum of 10 feet from all property lines.
[3]
The permitted sign area of a freestanding sign shall be equal to 0.25 square foot for every foot of roadway frontage but shall not exceed 100 square feet.
[Amended 6-29-1993 by Ord. No. 1285]
[4]
Freestanding signs shall be located not less than 10 feet from all property lines.
(c)
Window signs. Window signs shall be permitted, provided that said sign area does not exceed 50% of the window area, and further provided that said window sign area shall be limited by and deducted from any permissible wall sign area.
(d)
Directory signs. One freestanding directory sign shall be permitted on each property consisting of multiple nonresidential uses. Said sign shall comply with the requirements for freestanding business signs.
(e)
Illumination. Business signs may be either internally or externally illuminated.
[Amended 9-27-2016 by Ord. No. 1898]
[1]
Internally illuminated signs shall have characters, letters, figures and designs which are illuminated by electric lights as part of the sign proper.
[2]
Signs lit by external sources shall be allowed but shall be located in such a manner so as to avoid any glare on adjacent property. Sources of sign illumination shall be completely shielded from the view of vehicular traffic using the road or roads abutting the lot on which the sign is located.
[3]
External lights used for the illumination of any sign on a building, whether or not such light fixtures are attached to or separate from the building, shall not extend above the highest elevation of the front wall of the building or more than 18 feet above the street level of the premises, whichever is less.
[4]
No electric wiring associated with a sign shall be visible to public view.
[5]
No signs using bare bulbs, rope lights, tubing or strip lights shall be permitted.
[6]
No sign shall be lighted by means of a flashing light, nor shall any sign be in whole or in part moving, mobile or revolving or electrically or mechanically activated.
[7]
No electric message centers shall be permitted and no other sign shall be allowed with optical illusion of movement by means of a design which presents a pattern capable of reverse perspective, giving the illusion of motion or changing of copy.
[8]
Signs on municipally owned property are exempt from the provisions of this subsection.
[9]
Business signs may be either internally or externally illuminated; however, no business or commercial establishments or structures used for business or commercial activities shall be permitted to outline windows, doors, signs or any other framework with string lighting, flashing lighting or continuous lighting of any type. All lighted signage used by any business or commercial establishment within the RT Zone shall be extinguished no later than 10:00 p.m.
(f)
Street number. At least one of the signs identifying the business or industrial establishment must contain the street address number on the sign, or such number must be displayed elsewhere on the building in an area visible from the street. The minimum size of the street number shall be six inches.
[Amended 6-29-1993 by Ord. No. 1285]
(g)
Temporary banners. The construction, erection, replacement or alteration of any temporary banner advertising a grand opening or special sale or event on a commercial premises shall be permitted upon approval of the Zoning Officer, together with a fee of $50 for a thirty-day period, under the following conditions:
[Added 4-12-2011 by Ord. No. 1794; amended 8-11-2020 by Ord. No. 2004]
[1]
One temporary banner per business not exceeding 36 square feet designed to advertise a grand opening celebration of a commercial establishment may be erected and maintained on the commercial premises which is the subject of said grand opening celebration for a period not to exceed 30 days. For businesses that front on more than one street, one banner per street may be permitted. Streamers, pennants, balloons and other like accessory decorations may also be erected during the above time period.
[2]
One temporary banner per business not exceeding 36 square feet designed to advertise a special sales event may be erected and maintained on the commercial premises conducting said event for a period not in excess of 30 calendar days. For businesses that front on more than one street, one banner per street may be permitted. Said temporary banner(s) must be removed for a minimum of 15 days before a new banner can be erected. The erection of a temporary banner advertising a special sales event shall be limited to eight events per year per commercial establishment.
[3]
No person shall construct, erect, replace or alter any temporary banner under the provisions of this subsection without first obtaining a zoning permit. An application for a temporary banner shall be made to the Zoning Officer upon forms provided by the Borough at least 10 days before said temporary banner is to be erected.
(h)
Temporary signs. The placement of "sandwich board" or "A-frame" signs used to advertise a special sale or event on a commercial premises shall be permitted upon approval of the Zoning Officer, together with a fee of $100 for the year, under the following conditions:
[Added 4-12-2011 by Ord. No. 1794; amended 8-11-2020 by Ord. No. 2004]
[1]
Only one sandwich board or A-frame sign per business not exceeding 10 square feet shall be permitted to be placed in front of the entranceway of the business. For businesses that front on more than one street, one sign per street may be permitted.
[2]
An unobstructed pathway of at least four feet in width shall be maintained on the sidewalk at all times.
[3]
All sandwich board or A-frame signs must be removed when said business is not opened to the public.
[4]
All sandwich board or A-frame signs must be maintained at all times and may not be illuminated.
[5]
No person shall construct, erect, replace or alter any sandwich board or A-frame sign under the provisions of this subsection without first obtaining an annual zoning permit. An application shall be made to the Zoning Officer upon forms provided by the Borough before any sign is permitted to be used.
E.
Prohibited signs and sign features.
(1)
Mobile signs. Mobile signs are specifically prohibited.
(2)
Location in public right-of-way. No sign shall be erected within or encroach upon the right-of-way of any street.
(3)
Animated or flashing signs. Animated or flashing signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement, except for clocks or weather information, are prohibited.
(4)
All signs shall comply with the requirements of § 420-20, entitled "Obstruction of vision on corner lots."
[Added 6-29-1993 by Ord. No. 1285]
(5)
No off-site advertising sign shall be erected, used or maintained within the Borough of Middlesex; provided, however, that this regulation shall not apply to temporary signs, otherwise permitted by this subsection, that advertise special events sponsored by nonprofit social, religious, political or cultural organizations or institutions.
[Added 4-12-2011 by Ord. No. 1794]
(6)
No sign shall be placed on utility poles, trees, railway or road bridges, bridge supports or abutments, retaining walls or water towers unless approved by the Borough Council and otherwise permitted by law.
[Added 4-12-2011 by Ord. No. 1794]
(7)
The use and display of temporary portable signs or flags, windsocks, banners, strings, streamers, pennants, spinners or similar objects and devices across, upon, over or along any premises or building, whether as part of any sign or for advertising or public attraction, is prohibited in any nonresidential zone, except for:
[Added 4-12-2011 by Ord. No. 1794]
(a)
Temporary displays in business or commercial zones as provided in § 420-61D(2)(g); or
(b)
Temporary decorations customarily used in holidays or for special events as may be approved by the Borough Council.
(8)
No inflatable signs or balloons shall be allowed except for a grand opening as provided in § 420-61D(2)(g).
[Added 4-12-2011 by Ord. No. 1794]
(9)
Prohibited signs and sign features. No business or commercial establishments or structures used for business or commercial activities shall be permitted to outline windows, doors, signs or any other framework with string lighting, flashing lighting or continuous lighting of any type.
[Added 9-27-2016 by Ord. No. 1898]
F.
Exempt signs. The provisions and regulations of this section shall not apply to the following signs; provided, however, that said signs shall be subject to the following provisions:
(1)
Temporary signs inside windows of commercial establishments not covering more than 25% of any given window area.
(2)
Temporary signs of nonprofit or charitable organizations, provided that such signs do not exceed 32 square feet in area. Said signs shall be removed within seven days after completion of said event or function.
(3)
Bulletin boards not over 24 square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions.
(4)
On-site directional and parking signs, warning signs and signs posting property as "private property," "no trespassing" or similar signs not to exceed two square feet in area.
(5)
Temporary signs denoting the architect, engineer or contractor, when placed upon work under construction, and not exceeding 16 square feet in area. Said signs shall be removed within seven days of issuance of certificate of occupancy.
(6)
Garage sale signs located on the premises only, not exceeding two square feet and containing the date of sale. Such sign shall be removed within 24 hours after the last day of sale.
(7)
Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof, provided that such signs do not exceed nine square feet in area. Such signs shall be removed within seven days after the purpose of the sign is fulfilled.
(8)
Subdivisions of more than two contiguous lots and attached housing developments may have one sign along each road which the tract in question abuts. Such signs shall not exceed 40 square feet in area and shall be removed within seven days after the purpose of the sign is fulfilled.
(9)
Temporary signs indicating a political preference or political event, provided that such signs do not exceed 32 square feet in area on any one side. Said signs shall be removed within 30 days after the completion of said political function.
(10)
The animated informational electronic sign erected by the Borough of Middlesex in front of the Borough Hall facing Mountain Avenue and the animated informational electronic sign erected by the Middlesex Board of Education in front of the Middlesex High School facing Bound Brook Road (Route 28) are exempt from the requirements of this ordinance. No animated informational electronic signs shall be permitted in the M Municipal Zone District or in any other zone district unless the governing body determines by resolution that the erection of such a sign at a proposed location will have benefits to the general public that outweigh any detriments that may arise resulting from the erection of said proposed sign.
[Added 6-27-2006 by Ord. No. 1693]
G.
Nonconforming signs. Legally nonconforming signs which were in existence at the time of adoption of this chapter shall be permitted to be relocated or structurally altered, provided that said alteration or relocation will not increase the extent of nonconformity. However, failure to keep signs painted and in good repair for a period of six consecutive calendar months shall constitute abandonment, and such sign may not then be replaced or reused and must be removed by the owner upon notice in writing from the Construction Official.
H.
Maintenance. Signs which are illegible or are in the state of disrepair shall be repaired, replaced or removed.
[Added 6-29-1993 by Ord. No. 1285]
I.
Signs which are no longer valid or have been abandoned shall be removed by the owner of the property.
[Added 6-29-1993 by Ord. No. 1285]
