Milltown City Zoning Code
§ 34-33.23
Signs.
[Ord. No. 919 Art. XVIII; Ord. No. 939 § 1; Ord. No. 1015; Ord. No. 04-1179 § 8; Ord. No. 07-1253 § 1; Ord. No. 08-1269 § II; Ord. No. 13-1388]
a.
Permits and Yearly Fees.
1.
Permit Required. It shall be unlawful for any person to erect or maintain, within the Borough of Milltown, any permanent sign without a sign permit issued by the Administrative Official. In the event that a sign is included in a site plan or subdivision application, the permit shall be issued by the Administrative Official following approval by the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
2.
Application Fees; Contents.
(a)
Application for sign permits shall be accompanied by a fee of:
Up to 10 square feet | $75 |
11-50 square feet | $100 |
Over 50 square feet | $175 |
(b)
Applications shall contain the following:
(1)
Name, address and telephone number of applicant.
(2)
Name, address and telephone number of the owner of the property.
(3)
Location of building to which sign is to be erected.
(4)
Position of the sign on building with sketch and dimensions of proposed sign.
(5)
Name and address of person erecting sign.
(6)
The relationship between the applicant and owner and written consent of the owner.
(7)
Such further information as the administrative official shall require to show full compliance with this and all other laws and ordinances of the Borough.
(8)
Sketch of the proposed sign indicating size, color, lighting and material used and drawn to scale.
3.
It shall be the duty of the Administrative Official to examine the application and other data and the premises upon which it is proposed to erect the sign, and if proposed structure is in compliance with this chapter and other ordinances of the Borough of Milltown, he shall issue the sign permit. In the event that the application is not in conformance with this chapter, the Administrative Official shall instruct the applicant to apply for a variance from the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
4.
If the work authorized under the sign permit has not been completed within six months from the date of issuance, the permit shall become null and void.
5.
All persons erecting permanent signs within the Borough of Milltown shall pay a yearly fee in accordance with the following schedule:
6.
Violations and Penalties. Any person, firm or corporation which shall erect or construct or permit the erection of any sign or other outdoor display structure in violation of the provisions of this section, or shall permit the maintenance of such structure in violation of this section, or shall neglect or refuse to remove, repair or alter any such structure in accordance with the provisions of this section when so ordered by the administrative official shall be subject to a fine by the Municipal Court which shall not exceed $500 or by imprisonment in the County Jail for a term not to exceed 90 days, or by both such fines and imprisonment.
b.
Design Theme. There shall be a consistent sign theme throughout a particular project. The design theme shall include style of lettering, construction, material, type of pole or standard (wood or metal, for example), size and lighting. Color of letters and background detail shall be carefully considered in relation to the color of the material of buildings where signs are proposed to be located. The standards set forth herein shall be construed as maximum parameters; the Approving Authority or Construction Code Official when applicable may, depending upon the particular circumstances, prescribe a lesser degree of permissiveness including the size, height, number and type of illumination of signs. In considering and approving signs, the Approving Authority or Construction Code Official, when applicable shall take into consideration the design concept including the whole sign structure in terms of form and composition, color, materials, surface decoration, shape, text, letter styles and illuminations, construction and integration of the sign or signs with the buildings and immediate surroundings.
The Approving Authority or Construction Code Official when applicable may attach such conditions and safeguards as a precondition to approval of the sign as in its opinion will further the general purpose and intent of this subsection and be in harmony therewith. The net result of this subsection shall be toward the development of a visible Borough aesthetic standard of design criteria regarding all signage, thereby affecting the highest level of tastefulness which can be achieved for all applications.
c.
General Regulations.
1.
If the Construction Code Official shall find that any sign or part thereof is unsafe or insecure, he shall give written notice to the owner of the sign or the owner of the premises. If the sign is not removed or repaired within 48 hours after the issuance of such notice, the Construction Code Official shall cause the removal, transportation and storage of the sign, at the expense of the owner of the property upon which it is located.
2.
In the event that any sign is removed by the Construction Code Official as hereby provided for, the Construction Official shall certify the cost of removal, transportation and storage to the Borough Council. The Borough Council by resolution shall cause the cost as indicated by the certificate to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands, the same to bear interest at the same rate as taxes and shall be collected in the same manner as taxes.
3.
No billboards, outdoor advertising or other sign shall be erected which advertises a product, business or activity not conducted at the same location at which the sign is situated. Any sign which does not advertise a bona fide existing activity conducted on the premises, or product sold therein shall be taken down within 10 days after written notice from the Construction Code Official. After 10 days' notice has expired the Construction Code Official may cause the removal of the sign in accordance with paragraph c,2 above.
4.
A sign may be permitted only in connection with a permitted use.
5.
Signs shall relate solely to the business or profession conducted on the premises and shall advertise only the name of the owner or lessee, the name of the establishment, the type of establishment, goods or services or the trade name of the establishment and the goods manufactured or sold or services rendered, except for traffic and public convenience signs.
d.
Prohibited Signs. All types of signs not expressly permitted by this section are prohibited including, but not limited to the following:
1.
No sign shall be of a type which moves in whole or in part by any means, including fluttering, rotating or motion caused by the atmosphere, nor which emits smoke, visible vapors or particles, sound or odor.
2.
No sign shall display flashing or intermittent light or lights of changing degree of intensity or changing colors.
3.
No sign shall be erected which directly or indirectly causes or produces any glare into a street or upon any dwelling unit. Exposed sources of light, including bare bulbs and tubules and immediately adjacent reflecting surfaces shall be shielded so as not to create a nuisance across lot lines.
4.
Signs of such design and location that they interfere with, compete for attention with or may be mistaken for a traffic signal, will not be permitted. This shall include any sign visible from the public right-of-way which uses an arrow device or the word "stop." It shall also include signs in which the colors red, green and orange-yellow are used in direct illumination or in high reflection by the use of special preparation such as fluorescent paint or glass.
5.
Mobile signs or painted wall signs.
6.
Any projecting sign which is suspended from or supported by a building or structure or steel column and projecting out therefrom over public property or beyond the lot line shall not be permitted with the exception of awning signs.
7.
Signs which obstruct any window, door or other opening used as a means of regular ingress and egress, or for required legal light and ventilation, or fire escapes or other openings for emergency access and escape are prohibited.
8.
Any sign located on a public right-of-way, except those owned and operated by a duly constituted government authority is prohibited. A public right-of-way shall be deemed to include sidewalk, street, highway right-of-way including hydrant, lamppost, tree, telephone or electric lamp pole, utility pole, fence, police or fire alarm.
9.
Any sign using exposed incandescent bulbs or neon tubes, exposed neon tubing in mirrors directing a light source and other such devices is prohibited.
10.
Any sign commonly known as "roof" or "sky" sign which is supported principally by the roof and which projects above and over the roof of the structure is not permitted.
11.
Any sign on a vacant or unimproved lot which does not exclusively specify the sale, lease, transfer, zone or conditional use of the particular property is prohibited.
12.
No strings or streamers, flags, pennants, spinners or strings of lights or similar devices strung across, upon, over or along any premises or building, whether as part of a sign or not shall be allowed.
13.
Any sign with lighting or control mechanisms which may cause radio or television interference is prohibited.
14.
Signs or advertising matter of an indecent or obscene nature are prohibited.
15.
Portable signs are prohibited except where specifically permitted by other provisions of this chapter.
16.
No sign shall be constructed, erected or located which will obstruct the visibility of the motorist or pedestrian proceeding along the public way or entering or leaving a lot, driveway, access road or intersection.
e.
Exempt Signs in All Zones. The following signs are authorized in any zoning district without a permit as long as they conform to the standards contained herein:
1.
One nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding six square feet in area on any one side for residential properties and not exceeding 12 square feet in area on any one side for nonresidential properties. The sign must be removed from the premises within seven days after the property has been sold.
2.
A sign indicating the name and/or address of the occupant provided that the sign shall be no larger than one square foot in area. A permitted home occupation or professional office may be included with the name of the occupant. Only one sign per principal dwelling unit is permitted and it may not be illuminated.
3.
Window stickers denoting organizational affiliations, credit card availability, burglar system, pet restrictions, hours of operation, etc:
4.
Signs indicating the private nature of a road, driveway or premises may be erected and maintained provided that the area of such sign shall not exceed 72 square inches and shall not exceed three feet in height.
5.
Signs prohibiting or otherwise controlling fishing, hunting, etc. upon particular premises may be erected and maintained provided that the area of any such sign shall not exceed two square feet.
6.
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.
7.
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.
8.
Temporary signs for advertising public functions or fund raising events for charitable or religious organizations for a period of 30 days prior to and during the event but shall be removed within seven days after the event. The sign shall be nonilluminated, not larger than 12 square feet in area, not exceeding six feet in height and may be erected flat against the building or freestanding.
9.
Temporary nonilluminated political signs shall not be displayed for a period exceeding 30 days, shall not exceed 24 square feet in area and shall be removed seven days after an election provided that:
(a)
They shall not be erected within the public right-of-way or on a utility or directional sign pole.
(b)
Such signs shall contain the name and address of the sponsor, individual or organization.
(c)
The Construction Official shall remove the sign after the ten-day period and impose a penalty of $1 per sign against the sponsor, individual or organization.
10.
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.
11.
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.
12.
Flags or emblems of religious, educational, civic or governmental organization.
13.
Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.
14.
Signs which are an integral part of vending machines, including gasoline pumps, and milk machines, provided they do not exceed one square foot in area.
15.
Temporary window posters when posted inside commercial establishments provided they do not occupy more than 25% of the total area of the window.
16.
Temporary promotional or special sales signs when erected in conjunction with a commercial establishment, provided they do not exceed 16 square feet and they are restricted to not more than four nonsuccessive seven day periods within a calendar year.
17.
Temporary overhead banners spanning a street or roadway advertising public functions or fund raising events for charitable or religious organizations for a period of 30 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.
18.
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 a lot shall not exceed 24 square feet and six feet in height, and shall not be illuminated except for construction safety lights placed in hazardous areas.
f.
Sign Area.
1.
Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself.
2.
A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used.
3.
Street number designations, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property or "private property," "no hunting" or similar purposes and "danger" signs around utility and other dangerous areas are permitted but are not to be considered in calculating the sign area.
g.
Location.
1.
Attached signs may only be located in such a manner that does not conflict with any height, obstruction to vision and similar regulations of this chapter.
2.
Freestanding signs shall be located only in the front yard and shall be no closer to a side lot line than the minimum side yard for the principal building, but in any event no closer than 10 feet from the street right-of-way or 20 feet from the pavement, whichever is greater.
h.
Maintenance.
1.
All signs and displays shall be maintained in good order and repair. In the event that the Construction Official determines that any sign now or hereafter erected is in a state of disrepair, has become dilapidated or constitutes a safety hazard, the sign owner and property owner shall be given written notice to correct the conditions within 20 days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time provided shall constitute a violation of this subsection.
2.
The area surrounding ground signs shall be kept neat, clean and landscaped, the owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.
i.
Automobile Service Stations. Gasoline service stations and public garages, where permitted only, may display, in addition, the following signs which are deemed customary and necessary to their respective business:
1.
Directional signs or letters displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication" or words of similar import; provided that there shall be not more than one such sign over each entrance or bay. The letters thereof shall not exceed 12 inches in height and the total of each sign shall not exceed six square feet.
2.
Customary lettering on or other insignia which is a structural part of a gasoline pump, consisting of the board name or gasoline sold, lead warning sign, a price indicator and any other sign required by law and not exceeding a total of three square feet on each pump.
3.
The use of all flags, windmills, banners and any flashing or animated signs shall be prohibited. However, the use of pennants may be utilized for the purpose of advertising the opening of new station, but shall be restricted to a seven-day period.
4.
One freestanding sign shall be permitted and shall not exceed 50 square feet in area and does not exceed 20 feet in height. Such sign shall have a minimum clearance of 10 feet between the bottom of the sign and the surface of the ground.
5.
One building facade sign shall be permitted and shall not exceed 10% of the area of the facade.
6.
All signs or parts thereof, the supporting structures or parts thereof, shall be within the owner's property line and at no time project into or over the public right-of-way.
j.
Sidewalk Signs.
1.
Pursuant to the provisions of this paragraph j., signs may be placed in or extend to the public right-of-way, notwithstanding the provisions of subsection 34-33.23d.
2.
Sidewalk signs, including sandwich board and chalkboard signs ("sidewalk signs"), shall be exempt from the requirement of obtaining a building permit. However, no sidewalk sign shall be located or erected without a zoning permit issued by the Department of Code Enforcement in consultation with the Fire Marshal, the Chief of Police and such other officials, or their designees, as may be desirable.
3.
Each business located within the B-1, B-2, B-2A and B-3 Zones and having its own separate entrance onto the public sidewalk at street level may place within the front yard in a landscaped area or upon the public sidewalk in front of the said place of business; solely during the hours the said business is in operation, and to be removed each day, one sign meeting all of the following restrictions:
(a)
The sign shall have a maximum width of 30 inches, maximum height of 42 inches, and a maximum depth of 20 inches;
(b)
The sign shall be located no closer than 10 feet to any side yard property boundary, provided however, that in the case of a property having frontage of less than 20 feet, the sign shall be located as near to the center of the frontage as practicable. The sign shall be located within four feet of the curb face or the front of the building, provided further, however, that if the sign is placed upon the sidewalk, a sixty-inch wide unobstructed path shall be maintained at all times on the sidewalk;
(c)
The sign shall be constructed of weather-resistant materials (no paper, fiberboard, foamcore board, corrugated paper or unfinished wood materials shall be permitted), and shall be constructed and/or weighted so as not to be easily moved by strong winds;
(d)
No sidewalk sign may be internally illuminated or illuminated by exterior means, may not flash or contain a variable message; and
(e)
No strings, streamers, flags, pennants, spinners, balloons, strings of lights or similar devices shall be attached to any sidewalk sign.
4.
Each business located within B-4 and B-5 Zones may place, solely during the hours the said business is in operation, and to be removed each day, one sign meeting all of the following restrictions:
(a)
The sign shall have a maximum width of 30 inches, maximum height of 42 inches, and a maximum depth of 20 inches;
(b)
The sign shall be located within 10 feet of the main entrance to the business, provided further, however, that if the sign is placed upon a sidewalk, a sixty-inch wide unobstructed path shall be maintained at all times on the sidewalk;
(c)
The sign shall not be located within the front yard setback area.
(d)
The sign shall be constructed of weather-resistant materials (no paper, fiberboard, foamcore board, corrugated paper or unfinished wood materials shall be permitted), and shall be constructed and/or weighted so as not to be easily moved by strong winds;
(e)
No sidewalk sign may be internally illuminated or illuminated by exterior means, may not flash or contain a variable message; and
(f)
No strings, streamers, flags, pennants, spinners, balloons, strings of lights or similar devices shall be attached to any sidewalk sign.
5.
(Reserved)
6.
Notwithstanding anything contained in this paragraph j to the contrary, the Fire Official and/or Chief of Police shall have the right to prohibit or further restrict the location of any sidewalk sign which, in their sole discretion, they deem by virtue of the sign's construction or location, to constitute a safety hazard to the public. Any violation of the provisions of this paragraph shall be subject to punishment pursuant to the General Penalty Provision at Section 34-39 of this Code. Each day that a violation persists shall be considered a separate violation of this Section.
7.
Notwithstanding the provisions of subsection 34-33.23j,1, each sidewalk sign must immediately be removed by its owner when snow and/or ice adheres to the sidewalk. Any sidewalk sign not so removed may be removed by the Borough without the Borough having any liability to the sign owner, in order to completely clear the sidewalk of snow and/or ice to promote public safety.
8.
All sidewalk signs must comply with any and all other governmental entities with jurisdiction over the area in which the sidewalk sign will be located.