Millville City Zoning Code
ARTICLE XXIII
Signs
§ 30-258 Legislative findings and purpose.
A.
The governing body of the City finds and declares that the proliferation of signs throughout the community adversely affects the aesthetic beauty and environmental quality of the City. The governing body further finds and declares that the proliferation of signs can adversely affect property values and traffic safety.
B.
The governing body of the City acknowledges the constitutional right of free speech and recognizes the different constitutional standards applicable to commercial signs and noncommercial signs. It is the purpose and intent of this article to regulate the time, place and manner in which signs may be erected and to provide reasonable standards for the placement of signs in order to protect the public health, safety and general welfare of the community.
§ 30-259 Definitions.
[Amended 11-15-2021 by Ord. No. 31-2021]
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
A sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days in the case of off-premises signs, or at least 360 days in the case of on-premises signs.
A sign that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service. (Also known as: "nameplate sign.")
A sign depicting action, motion, or light or color changes through electrical or mechanical means.
A measurement in square feet of the entire surface plane of the sign, exclusive of the supporting structure.
Any sign painted on, or applied to, an awning.
Any temporary sign applied to fabric, paper, plastic, or other generally nondurable material, erected above a public right-of-way.
Any off-premises commercial sign erected or maintained for the purpose of displaying outdoor advertising for products or services.
Any structure, other than an awning, made of fabric, metal, or other material, that is supported by columns or posts affixed to the ground and may also be connected to a building.
Any sign that is part of or attached to a canopy.
A sign designed in such a fashion that the message on the sign can be easily and periodically altered, typically with moveable individual letters and symbols or by electric or electronic means.
The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.
A sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs shall not contain any commercial advertising.
To affix, attach, build, construct, hang, place or suspend. It also includes the painting of wall signs.
The surface of the sign upon, against or through which the message is displayed or illuminated on the sign.
A sign whose artificial illumination is not always kept constant in intensity when in use and which exhibits changes in light, color, direction, or animation. This definition does not include electronic message centers signs or digital displays that meet the requirements set forth herein.
Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
Any sign which has characters, designs, figures, letters, or outlines artificially illuminated. A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
A wall sign located at telephones, restrooms, windows, doors, or other public conveniences for informational, as opposed to advertising, purposes.
A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure, and equipped with a portable blower motor that provides a constant flow of air into the device.
Any sign whose sole source of artificial illumination is contained within the display portion of the sign.
Includes repair or replacement without significant change of any parts or support of any sign, including painting without change of the design, size, or text of the sign and without removal of the sign from the wall or structure supporting it.
Any awning or hood of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare, including signs attached thereto, the supports of which are an integral part of the original structure, and which is not retractable.
Any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions.
A sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means but shall not include wind-activated movement, such as used for banners or flags. Mechanical movement signs do not include digital signs that have changeable, programmable displays.
Any sign that presents a written scrolling or flashing message or picture that changes the message or picture or the color or colors of the message or picture with a frequency of seven seconds or more.
A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text, often used for gas price display signs and athletic scoreboards.
A freestanding sign generally rectangular in shape, arising directly from the ground or masonry base without visible posts or a pylon support.
A freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.
A large work of art applied to the walls or ceiling of a building.
A sign identifying the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached, or an apartment complex.
A sign illuminated by a neon tube, or other visible light-emanating gas tube, that is bent to form letters, symbols, or other graphics.
A sign containing a commercial message which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the property on which the sign is located.
A sign that does not contain a commercial message, which directs attention to an institution, government or nonprofit corporation and their policies; or contains a message directed to the general public for health, safety, and welfare purposes.
A sign, symbol, or device, erected, constructed, or maintained by the federal, state, county or local government, or any agency thereof, for the purpose of informing or guiding the public or for the protection of the public health, safety, and welfare.
Any lightweight fabric, plastic or other material suspended from a rope, string, or wire, usually in series and designed to move in the wind, whether or not containing a message of any kind; a gonfalon.
A natural person, association, corporation, firm, limited-liability corporation, limited partnership, partnership, trust, or other legal entity.
A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.
Sandwich board sign. A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians. (Also known as "A-frame sign.")
Vehicular sign. A sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.
Any sign installed as a temporary freestanding or affixed-to-a-wall means of advertising the availability for sale of the premises to which it is so affixed or installed.
A sign located in a district zoned for residential purposes, that does not contain any commercial message except for nonresidential uses permitted or by duly authorized variance within said district.
A building-mounted sign, erected upon, against, or over the roof of a building.
Includes any device, either freestanding or attached to a building or structure, which displays any design, emblem, illumination, insignia, letter, model, name, number, projection, word, or other representation used for one or more of the following purposes:
To identify the premises or occupant or owner of the premises.
To advertise any business, industry, profession, service, trade, or other activity.
To rent, use or sell all or any part of the premises where the sign is displayed.
To direct pedestrian or vehicular traffic, other than state, county or municipal highway or roadway markers.
To include any announcement, declaration, demonstration, display, illustration, insignia, or any representation used to advertise or promote the interest of any person.
In no event shall the word "sign" be construed to mean any sign located within the interior of any structure, except for such signs that are visible from the exterior of the structure at a property line.
A type of nonpermanent sign located on private property, that can be displayed for no more than 30 consecutive days at one time.
A sign affixed or painted on a vehicle or trailer and parked at a location conspicuous to the traveling public for a period more than 48 continuous hours.
A sign fastened to or painted on the facade of a building or structure in such a manner that the facade becomes the supporting structure for, or forms the background surface of, the sign, and which does not extend more than 12 inches from the supporting facade.
Includes any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether covered with glass, plastic, or other covering.
Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.
Includes the aggregate square footage of all windows on any given side and any given story of any structure, regardless of the angle or angles at which they are set. In computing window space, there shall be included all portions of any door which contains a window.
§ 30-260 Permit required.
A.
Except as otherwise provided herein, it shall be unlawful for any person to alter, erect or relocate any sign within the City of Millville without first making application for a zoning permit from the Zoning Officer, or other approving agency designated to issue permits, and obtaining such permit.
B.
A fee shall be assessed for each zoning permit in accordance with the provisions set forth in this chapter.
C.
All signs that exceed six square feet in are shall require a construction permit. Any sign which requires a construction permit may be subject to the development review procedures set forth in this chapter, including site plan review.
D.
A permit shall be issued by the Zoning Officer upon the favorable action of the approving authority, when required, subject to any other applicable governmental regulations.
E.
A permit for the replacement of an existing sign may be issued by the Zoning Officer without the necessity of approval by the approving authority only upon satisfaction of all of the following conditions:
F.
A permit for the placement of a banner for a period of no longer than 20 days may be issued by the Zoning Officer. The fee for each banner is $25.
[Added 8-3-2010 by Ord. No. 14-2010]
§ 30-261 Applications; permit invalidation; abandonment.
A.
The zoning permit application required by this article shall be made in writing and filed with the Zoning Officer on forms prescribed by his office. The application shall be sufficient to describe the premises and location where the sign is to be erected and shall include the following information:
(1)
The name and address and telephone number of the applicant.
(2)
The name and address and telephone number of the owner of the premises.
(3)
A statement as to whether the owner has consented to the application if the applicant is other than the owner.
(4)
A rendering, to scale, of the sign reflecting its composition, colors, dimensions, elevation from grade level and lighting.
(5)
Specifications and location of all existing signs. Scaled photographs may be submitted in lieu of this information.
(6)
In the case of freestanding signs, the sight distances in relation to driveways on the premises where the sign is to be located, adjacent premises and intersecting streets within 200 feet of the proposed sign(s).
(7)
The method by which the sign shall be secured.
B.
The Zoning Officer shall review the application and plans submitted and shall within 10 business days of receipt of the application:
C.
In the case of signs which are to be erected in connection with a proposed development requiring subdivision or site plan review, the proposed signs shall be reviewed as part of the subdivision or site plan application. Appropriate details of any proposed signs shall be submitted along with other required subdivision or site plan information.
D.
Sign permit invalidation. Any of the following shall cause a zoning permit issued for a sign to be invalidated:
E.
Effect of invalidation. For a period of not more than three months, a sign may continue to be displayed once its permit has become invalid, provided the property is being actively marketed for a new owner or tenant. In any other instance, the sign shall be removed within 10 days of the permit invalidation. Internally illuminated box signs shall be considered to meet the requirement for removal if the message is turned to face the interior of the box. At no time shall the lighting elements of the sign box be visible to passersby.
F.
Abandonment. If a sign advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted for a period of time greater than six months, that sign shall be considered abandoned and shall, within 30 days after such abandonment, be completely removed by the sign owner, owner of the property where the sign is located or other party having control over such sign. In this context, a seasonal business such as a farm stand shall be considered operational even though closed for a period not to exceed nine months.
§ 30-262 General regulations.
[Amended 8-3-2010 by Ord. No. 14-2010; 11-15-2021 by Ord. No. 31-2021]
Except as otherwise provided herein, all signs shall be designed, erected, and maintained in accordance with the following provisions and standards:
A.
Freestanding signs shall comply with the following:
(1)
Freestanding signs shall advertise only the permitted use, products or services located on the premises where they are erected.
(2)
No freestanding sign shall exceed an area of 24 square feet, except as otherwise provided herein.
(3)
No freestanding sign shall exceed a height of 20 feet, except as otherwise provided herein.
(4)
Freestanding signs shall be set back a minimum of 10 feet from the street right-of-way line and 10 feet from any other property line.
(5)
Only one freestanding sign shall be permitted for any single development or lot, except as otherwise provided herein.
B.
Wall-mounted signs shall comply with the following:
(1)
Wall signs shall advertise only the permitted use, products or services located on the premises where they are erected.
(2)
No wall sign identifying an establishment shall be permitted to project forward more than six inches from the building nor be attached to a wall at a height of less than eight feet above the ground or sidewalk.
C.
All signs, with the exception of temporary banner signs, shall conform to the standards of the Uniform Construction Code. All signs shall be permanently fixed to the ground or attached to a building or structure. The frames and support structures for all signs shall be constructed of durable materials, such as concrete, metal, stone, or wood.
D.
Official sign imitation. No sign shall be erected that is of such character, form, shape, or color that it imitates or resembles any official traffic sign, signal, or device, or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle.
E.
Awnings and canopies. Fixed or permanent awnings or canopies used as sign supports shall not project more than three feet from the building nor be wider than 25 feet or the width of the building, whichever is less. No awning or canopy shall be less than nine feet above the ground elevation. No awning or canopy shall extend more than four feet in height from its lowest point.
F.
Computation of area and height of signs.
(1)
The area of a single-faced sign shall be computed by drawing a square or rectangle that will encompass the extreme limits of the display, emblem, representation, or writing, together with the sign frame and any material or color forming an integral part of the background of the display used to differentiate the sign from the backdrop or structure against which it is placed.
(2)
The area of a sign with more than one face shall be computed by adding together the area of all signs faces visible from any one point. When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any one point at the same time, the area of the sign shall be computed by the measurement of one of the faces.
(3)
The height of a sign shall be computed as the distance from the base of the sign at grade to the top of the highest attached component of the sign.
G.
Relief and sign face distance. No sign shall contain characters or graphics exceeding three inches in relief from the sign face. The maximum distance between the faces of a double-faced sign shall not exceed 18 inches. No wall sign shall project more than 12 inches from the plane of the attaching surface.
H.
Illumination.
(1)
No sign shall be illuminated except as provided herein.
(2)
No sign shall be externally illuminated by neon.
(3)
Externally lit signs are permitted to be illuminated only with steady, stationary, down-directed and shielded light sources directed only onto the sign. Monument signs may have ground-mounted lighting.
(4)
Signs may be internally illuminated by neon gas filled tubes.
(5)
No sign shall be artificially illuminated after 10:00 p.m. or before 7:00 a.m. unless the premises are occupied and attended, except in the business and industrial zoning districts of the City.
(6)
Nonflashing illuminated tubing in white light may be used to outline the front facade of the structure.
I.
Maintenance. All signs shall be always maintained in good condition. Signs shall be kept clean, neatly painted, and free from all hazards, such as loose fittings and faulty wiring. In the event that the Zoning Officer of the municipality determines that any sign has fallen into 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 condition within 20 days from the date of the mailing of the notice. The Zoning Officer may be assisted by the Construction Code Official, who may make an independent investigation under the provisions of the Uniform Construction Code. Failure to correct the condition or file an appeal within the time provided shall constitute a violation of this article. The City of Millville shall have the right to recover from said owner the full costs of the removal and disposal of such signs should the owner fail to heed such correction notice. Signs shall conform to the requirements of the Uniform Construction Code and any other Property Maintenance Code of the municipality.
J.
Number of signs. For the purpose of determining the number of signs, a sign shall be a single display device or surface when the elements are composed, organized, or related to form a unit. Where the components are displayed in a random manner without organized elements or where there is a reasonable doubt about the relationship of the elements, each element shall be a separate sign.
K.
Sight triangles. No sign shall be erected within the clear sight triangle area as otherwise established in this article, unless the topmost portion of such sign is less than 2 1/2 feet (30 inches) high. In no case shall any sign be so erected that it impedes the vision of motorists or pedestrians, or otherwise endangers their safety.
L.
Any use shall be permitted to display a sign required by law to be exhibited by federal, state, or local law in accordance with standards set forth in that law.
M.
Temporary signs/banners. Banners shall not be hung for a period longer than 20 days and only after the issuance of a permit by the Zoning Officer.
§ 30-263 Signs allowed without permit.
The following signs shall be permitted without a permit or the payment of a fee as set forth in this chapter:
A.
A temporary freestanding bulletin board sign not exceeding 16 square feet in area and six feet in height utilized for charitable, public or religious institutions when located within the property lines of the institution.
B.
Flags of the United States, State of New Jersey or other governmental agency, subject to reasonable restrictions on the location and size of the flag.
C.
Official signs and signs legally required for public notice.
D.
Incidental signs not to exceed 11 inches by 17 inches or normal poster size and shall be limited to four per building.
[Amended 8-3-2010 by Ord. No. 14-2010]
E.
Memorial signs, tablets or names on a building, date of erection and historical markers when cut into any masonry surface or when constructed of bronze or other durable metal or materials not exceeding eight square feet in area.
F.
Parking lot signs not exceeding four square feet in area erected to control the movement of traffic on the parking lot shall be permitted, provided the signs direct traffic only and are not used for advertising purposes. Signs marking individual use of parking spaces, excepting handicapped parking signs, shall conform to the size limitations of incidental signs.
G.
Professional nameplates not exceeding two square feet in area identifying the person and profession when located within the property lines of the professional premises.
H.
Residential nameplates not exceeding two square feet in area identifying a single-family residence and street address when located within the property lines of the residential premises.
I.
Residential signs not exceeding four square feet in area and, if freestanding, no more than four feet in height.
J.
Signs not exceeding four square feet in area prohibiting fishing, hunting or trespassing shall be permitted on the property where the prohibitions are desired.
K.
Signs on vending machines.
L.
Window signs, provided that all of the signs individually or collectively do not exceed 33% of each window panel across the frontage of the building.
[Amended 8-3-2010 by Ord. No. 14-2010]
M.
Any sign internal to a building not visible to passersby.
N.
Noncommercial holiday lights and decorations.
§ 30-264 Signs allowed by use and permit.
Signs are permitted within the various zoning districts within the City based on the uses which are permitted within each zoning district. They are regulated under a time, place and manner standard. The following signs shall be permitted upon the issuance of a sign permit:
A.
Animal kennels, banks, funeral homes, indoor commercial recreation facilities, swimming pool retail centers and theaters:
(1)
Except where the use is located within a residential zoning district or one of the land conservation zoning districts, each use may have one freestanding or monument sign identifying the use on the premises where there exists at least 250 feet of unbroken frontage on an arterial street or collector road as classified in the City Circulation Plan. The freestanding sign shall not exceed 60 square feet in area and 16 feet in height. A monument sign shall not exceed 32 square feet and eight feet in height, including the monument base. A freestanding sign shall be set back from the street right-of-way and from driveways at least 30 feet and shall not be located closer than 100 feet from any residential zoning district or residential property line. A monument sign shall be set back from the street right-of-way and from driveways at least 15 feet. The signs may not be located within 100 feet of a residential district.
(2)
Each use may have one sign identifying the use attached flat against the front of the building not exceeding an area equivalent to 5% of the front of the building or 100 square feet in area, whichever is smaller. Where the use is located in a building on property having frontage on more than one street, one additional sign identifying the use may be attached flat against the building for each side of the building fronting on a street not classified as a minor street in the City Circulation Plan. The sign shall not exceed 5% of the building facade where it is to be attached or 100 square feet in area, whichever is smaller. Where the building is designed for rear or side entrances, one nonilluminated sign may be attached flat against the building at the rear and side entrances, and the sign shall not exceed an area equivalent to half that of the sign on the front of the building.
B.
Apartment, multifamily dwelling complexes and trailer parks.
(1)
Each development having in excess of five dwelling units may have one sign identifying the development located along any roadway where there exists at least 200 feet of unbroken road frontage. The sign shall not exceed 40 square feet in area and six feet in height. It shall be set back from the street right-of-way and edge of intersecting driveways at least 20 feet, unless the sign is located within a landscaped median, and shall not be located closer than 50 feet from any adjoining property line.
C.
Automobile repair garages and service stations.
(1)
Each use shall be permitted one freestanding sign not exceeding 60 square feet in area and 20 feet in height. It shall be set back from the street right-of-way at least 15 feet and shall not be located closer than 100 feet to any residential property line. If a residential district is across the street from the intended sign location, a sign shall be permitted. One additional freestanding sign shall be permitted when the property is a corner lot, provided that the lot frontage associated with the sign is a minimum of 250 lineal feet. Such signs shall be permitted changeable copy.
(2)
Each use shall be permitted one wall sign attached flat against the building not exceeding an area equal to two square feet per lineal foot of building frontage to which it is attached.
(3)
In addition to the above permitted signs, the use may have wall signs identifying automotive services to be performed within one or more repair bays attached flat against the building and directly above the portion of the building where the service will be performed. Each sign shall not exceed six square feet in area and shall not be illuminated.
(4)
Within a B-4 Business District, gasoline service stations may display not more than two temporary signs advertising fuel price, tire sales or other product sales or service. The temporary signs shall not exceed 10 square feet in area and shall not be located closer than 10 feet from any curbline or property line.
(5)
Changeable copy price signs not to exceed one square foot for each grade of motor fuel sold shall be permitted on each fuel pump. Incidental signs shall be permitted on pumps and canopy supports in addition to incidental building signs as may be permitted.
D.
Automobile dealers, boat yards, farm equipment vendors, truck dealers, construction equipment, heavy equipment vendors, recreational vehicle or equipment dealers, trucking terminals and similar uses.
(1)
Each use may have one freestanding sign for every 200 feet of unbroken frontage on a roadway with a maximum of three signs per site. Each sign shall not exceed 100 square feet in area and 20 feet in height. Each sign shall be set back from the street right-of-way at least 15 feet and from driveways at least 20 feet and shall not be located closer than 50 feet to any adjoining property line.
(2)
In addition to the freestanding signs, the following attached signs are permitted. One sign attached flat against the front of the building used for a sales office or showroom not exceeding an area equivalent to 5% of the front facade of the building or 100 square feet, whichever is smaller.
(3)
For duly franchised new vehicle or equipment dealers, in lieu of a single sign as permitted in Subsection D(2) herein, one wall sign for business identification purposes, not to exceed 80 square feet in area, plus one wall sign for each brand of vehicle or equipment sold, not to exceed 40 square feet in area, or a total of three such signs.
(4)
One attached sign shall be permitted for each accessory use which identifies the accessory use such as a garage, office or service area. Each sign shall not exceed 20 square feet in area and shall be located directly above or in close proximity to the entrance of the accessory use or structure.
(5)
Temporary signs advertising special sales, including balloons, banners, streamers, or other inflated signs or searchlights displayed for the purpose of attracting the attention of pedestrians and motorists; all such signs shall not be used for a period of greater than 20 days.
E.
Business offices, convenience stores, eating and drinking establishments, professional offices, small retail goods and services establishments and similar uses.
(1)
Each use may have one wall sign identifying the use attached flat against the front of the building not exceeding an area equivalent to 5% of the front facade of the building or 40 square feet, whichever is smaller, except if the building exceeds 20,000 gross square feet, a sign not exceeding 80 square feet shall be permitted.
(2)
Where the building is designed for rear or side entrances, one nonilluminated wall sign may be attached flat against the building at the rear and side entrance not exceeding an area equivalent to half the surface area of the sign on the front of the building.
(3)
Where the front facade of the building is more than 40 feet from the street line, and the building has 100 feet of road frontage, one freestanding sign or one monument sign may be utilized. The signs are not to exceed 32 square feet. The freestanding sign may not exceed 10 feet in height and the monument sign may not exceed eight feet in height. The signs must be set back at least 10 feet from the public right-of-way and 30 feet from any driveway or property line. The signs must meet the traffic sight triangle requirements and cannot impede the view of motorists.
F.
Churches, hospitals, public utilities, and schools.
(1)
One freestanding sign shall be permitted identifying the use. The sign shall not exceed 20 square feet in area and 10 feet in height. It shall be set back at least 25 feet from the street right-of-way and shall not be closer than 25 feet from any adjoining property line.
(2)
One additional sign shall be permitted attached to the building. The sign shall not exceed 20 square feet in area.
G.
Construction companies, industrial assembly, fabricating, manufacturing and processing plants, laboratories, metalworking enterprises, warehouses, wholesale distribution centers and similar uses.
(1)
Each use shall be permitted one freestanding sign identifying the use. The sign shall not exceed 90 square feet in area and 17 feet in height. It shall be set back from the street right-of-way and driveways at least 30 feet and shall not be located closer than 100 feet from any adjoining property line.
(2)
In lieu of the freestanding sign, each use shall be permitted one sign identifying the use attached to the front of the building. The area of the sign shall not exceed 5% of the front of the building or 200 square feet, whichever is smaller.
(3)
If the use is located on property having 200 feet of frontage on more than one arterial street or collector road, each frontage shall be permitted one attached sign or one freestanding sign as outlined above.
H.
Department stores, discount stores, furniture stores, garden centers, hardware stores, lumberyards, major appliance stores, supermarkets and variety stores.
(1)
Except where the use is located within a residential zoning district or land conservation zoning district, each use may have one freestanding sign identifying the use on the premises where there exists at least 250 feet of unbroken frontage on an arterial street or collector road as classified in the City Circulation Plan. The sign shall not exceed 90 square feet in area and 17 feet in height. The sign shall be set back from the street right-of-way and from driveways at least 30 feet and shall not be located closer than 100 feet from any residential zoning district or residential property line.
(2)
Each use may have one illuminated or nonilluminated wall sign identifying the use attached flat against the front of the building not exceeding an area equivalent to 10% of the front of the building or 200 square feet, whichever is smaller. Where the use is located in a building on property having frontage on more than one street, one additional sign identifying the use may be attached flat against the building for each side of the building fronting on a street not classified as a minor street in the City Circulation Plan. The sign shall not exceed 10% of the building facade where it is attached or 200 square feet, whichever is smaller. Where the building is designed for rear or side entrances, one nonilluminated sign may be attached flat against the building at the rear and side entrances, and the sign shall not exceed an area equivalent to half that of the sign on the front of the building.
(3)
Each use may have one electronic message board, provided the following requirements are met:
(a)
If mounted on the exterior wall it is to be used as an accessory to the primary freestanding or wall sign. It shall not exceed either in width and shall not exceed 10 square feet. It shall be mounted under the main freestanding or wall sign.
(b)
If mounted as a window sign, it may not exceed five square feet.
(c)
If mounted in a shopping center, a letter of permission from the owner of the property must accompany the application.
(4)
No electronic message boards are permitted in the Arts District Overlay Zone or in residential areas.
I.
Arts Overlay District. Notwithstanding other provisions to the contrary, signs requiring a permit for uses contained within the Arts Overlay District shall conform to the following:
(1)
Design guidelines and standards. In this section, guidelines are overall principles to be used in the design of signs. Standards are to be followed in the placement and design of signs unless specifically waived by the approving authority.
(a)
Design guidelines.
[1]
Signs should strengthen the architectural diversity of the City's buildings.
[2]
Signs should be appropriate for the era in which the building was constructed.
[3]
Signs should not alter the way in which a building functions.
[4]
Signs should be integrated with a building's architecture in terms of form, materials and size.
[5]
Designers should strive for creativity in the form and variety of signage within the size limitations set forth herein.
[6]
Designers should include symbols, images and other objects to convey the type of establishment using the sign.
[7]
The typeface used to represent words should convey the character of the establishment and the era of the building. The contrast of a sign's lettering and symbols with its background should be high to convey legibility.
[8]
Relief in the sign face is encouraged to create three-dimensionality.
[9]
Illumination shall be accomplished through external floodlights only, which shall be trained in a downward direction on the sign face. Pursuant to these regulations, internal illumination is not permitted in the Arts District Overlay Zone.
[Amended 8-3-2010 by Ord. No. 14-2010]
(b)
Design standards.
[1]
Wall sign locations. For single-story buildings the wall sign should be located on the parapet wall above the storefront or on an awning or canopy and below the capstone. For buildings of two stories or more the sign should be located on the facade above the storefront but below the window sills of the second floor. If there are cornices or beltlines separating the first and second stories, the wall sign should be placed below such horizontal architectural elements.
[2]
Projecting sign locations. Projecting signs for first-floor establishments should be just below the second-floor windows. Projecting signs for establishments on the second floor or higher should be located above the second-story windows.
[3]
Sign complexity. Facade and freestanding signs oriented towards motorists should convey no more than seven items of information. More complex signage should be limited to projecting signs oriented towards pedestrians.
(c)
Sign materials. Sign materials should relate to the architectural era of the building. Where modern buildings are designed to evoke an earlier era, signage should reflect that age. Sign materials.
[1]
Pre-World War I: painted or carved smooth-surfaced wood; carved stone; cast brass; tinned and forged metal; and gold-leafed lettering.
[2]
World War I to 1940: any of the above, plus individual wood or metal letters on building facade.
[3]
1940 to 1970: any of the above, plus neon signs.
[4]
1970 to present: any of the above and sandblasted wooden or resin signs.
[5]
Internally lit neon signs are permitted in post-1940 buildings in the Arts District.
[6]
Neon open tubing signs are permitted in all buildings.
(2)
Freestanding signs. No use shall be permitted a freestanding identification sign unless the main building facade is more than 30 feet from the right-of-way line. Where allowed, no more than one freestanding sign per street frontage shall be permitted; it shall be no larger than 12 square feet and no more than six feet in height and set back three feet from the right-of-way line.
(3)
Wall signs. Each first-floor use may have one externally illuminated or nonilluminated wall sign identifying the use, attached flat against the front of the building, not exceeding an area equal to one square foot for each lineal front foot of the building or 60 square feet, whichever is smaller. Where the use is located in a building on property having frontage on more than one street, one additional sign identifying the use may be attached flat against the building for each side of the building fronting on a street. Establishments with entrances accessible from a rear yard public parking area may have an additional wall sign not to exceed six square feet in area.
[Amended 8-3-2010 by Ord. No. 14-2010]
(a)
In lieu of a wall sign, a permanent window sign shall be permitted, provided it does not exceed 10% of the total storefront glass area on the first floor and 50% of any one window.
(b)
Individual letters, symbols, or characters used singularly or in combination to identify a business or building shall be considered wall signs and must conform to the size requirements herein.
(c)
In the case of buildings with multiple tenants or multiple uses, each individual business storefront will be required to meet the size requirements for wall signs based upon the size in square feet of their individual frontage in proportion to the entire building.
(4)
Projecting signs. Projecting signs shall be located above second-story windows and shall not in any way impede access to the primary entryway for any business. One projecting sign per building may be erected facing each street frontage. However, whenever a building has more than one projecting sign, no more than one wall sign identifying the main establishment shall be permitted. The permitted sign area shall be limited to 3% of the total facade area or a maximum of 16 square feet, whichever is less.
[Amended 8-3-2010 by Ord. No. 14-2010]
(5)
Changeable copy. Changeable copy signs shall be permitted for institutional uses, establishments booking live performances and for service stations selling motor fuel. Such signs shall not exceed 12 square feet in area and shall be integrated with permanent-copy freestanding or wall signs as otherwise permitted.
(6)
Where commercial establishments are located on a floor other than the first floor, one directory sign shall be permitted, attached to the facade at a main entrance, rear entrance or stair access to upper floors.
(7)
Restaurants or other eating establishments may erect the following additional signs: one additional wall sign for the placement of a menu or other bill of fare, provided the sign does not exceed six square feet in area. Businesses located on side streets of the Arts District shall be permitted to place an A-frame sign at the nearest intersection directing pedestrians to their location as long as the sign does not interfere with pedestrian or vehicular traffic.
[Amended 8-3-2010 by Ord. No. 14-2010]
(8)
Awning signs. One awning sign in lieu of a projecting sign shall be permitted. The awning sign shall adhere to the size limitations for projecting signs.
(9)
Banners and gonfalons erected by the municipal government or a designated agent of the municipal government shall be permitted for a period not to exceed 20 days.
[Amended 8-3-2010 by Ord. No. 14-2010]
(10)
The following signs are specifically not permitted in the Arts District Overlay Zone:
[Amended 8-3-2010 by Ord. No. 14-2010]
(a)
Internally illuminated signs, with the exception of I(1)(c) above.
(b)
Internally illuminated awnings.
(c)
Off-premises signs, except as otherwise authorized in these regulations.
(d)
Banners, flags or signs blocking access to the primary ingress or egress of a business or building.
(e)
Any sign which by reason of its location will obstruct the view of any authorized traffic sign, traffic signal or other traffic control device, or which by reason of its color, position or shape could be confused with or interferes with any traffic sign, signal or control device.
(f)
Any sign attached to the following infrastructure or structure is expressly prohibited: bridge, curb, fence, fire hydrant, park bench, public building, public property, streetlight, tree, and utility pole.
(11)
Murals shall be permitted on the front, sides or rear of buildings within the Arts Overlay District. The Millville Development Corporation shall promulgate and enforce rules governing the development of murals in the downtown.
(12)
Portable A-frame signs for retail establishments. All retail establishments shall be permitted to have a portable A-frame sign provided they conform to the following conditions:
(a)
The sign may be displayed only during business hours on the business property.
(b)
Each side of the sign may not exceed six square feet.
(c)
The location of the sign shall not interfere with pedestrian or vehicular traffic.
(d)
The sign must be removed from the sidewalk at the close of the business day.
(e)
For special events and third Fridays, businesses may place portable A-frame signs off the business property to direct people to their actual location. In such cases A-frame signs are limited to one per business and must be placed at the intersection closest to their location and not interfere with pedestrian or vehicular traffic.
(13)
Strolling billboard signs shall be permitted without a permit but are limited to one per business.
[Added 8-3-2010 by Ord. No. 14-2010]
J.
Golf courses, private clubs, lodges and similar uses.
(1)
One freestanding sign identifying the use is permitted. It shall not exceed 12 square feet in area and 10 feet in height. It shall be set back at least 25 feet from the street right-of-way and from adjoining property lines.
(2)
Additionally, one sign identifying the use is permitted, attached to the principal building. It shall not exceed 30 square feet in area.
K.
Hotels and motels, multioffice complexes and professional office centers.
(1)
Each use may have one sign identifying the use, either attached to the building or freestanding, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 150 square feet in area, whichever is smaller.
(2)
Where an individual office unit has direct access from the outside, a sign identifying the use, attached to the building at the office entrance, not exceeding six square feet in area, is permitted.
L.
Industrial parks.
(1)
Each park may have one freestanding sign identifying the park located adjacent to an arterial street or collector road where the park has at least 150 feet of unbroken frontage. The sign shall not exceed 150 square feet in area and 25 feet in height. It shall be set back from the street right-of-way and driveways at least 50 feet and shall not be located closer than 150 feet from any adjoining property line.
M.
Shopping centers.
(1)
Each center or grouping of uses may have freestanding signs erected to identify the shopping center or permitted use and list individual occupants, provided that no more than one sign shall be erected for each 500 feet of unbroken frontage on a street, and further provided that the aggregate area of all sides of any signs shall not exceed 200 square feet plus one square foot for each 1,500 square feet of gross floor area in the principal building or buildings in excess of 20,000 square feet. The signs shall not exceed the height of the principal building. The signs shall be set back from the street right-of-way and driveways at least 50 feet and shall not be located closer than 100 feet from any adjoining property line and 200 feet from a residential zoning district.
(2)
In addition to the freestanding signs permitted above, each center may have the following attached signs. One illuminated identification sign shall be permitted, attached to the building fronting on a street. The sign shall not exceed an area equivalent to one square foot per lineal foot of frontage on the individual use or 100 square feet in area, whichever is smaller. The signs shall not extend above the roofline of the building where they are attached.
(3)
In areas having common walkways roofed over with a permanent rigid canopy, there may be one nonilluminated sign for each business, attached in a perpendicular fashion from the underside of the canopy and not exceeding four square feet in area on either of two sides.
(4)
Each use may have one nonilluminated directory sign for each principal entrance for all business occupants. The signs shall be attached flat against the facade of the building and shall not exceed four square feet in area.
(5)
Additionally, each use may have one identification sign on each window and awning, provided that the signs do not exceed four square feet in area.
(6)
All signs in a shopping center shall conform in character to all other signs in the center and shall blend with the overall architectural scheme of the shopping center.
N.
Whenever it is proposed to erect a sign for a use permitted under this chapter which use does not generally approximate a use set forth in this section for sign standards, one attached or freestanding sign shall be permitted. An attached sign shall not exceed 5% of the front of the building upon which it is attached or 100 square feet in area, whichever is smaller. A freestanding sign shall not exceed 90 square feet in area and 17 feet in height. The sign may be illuminated or nonilluminated. Additional signs not conforming with the area requirements for the use shall be permitted only after review and approval by the Planning Board.
O.
Traffic control signs. Freestanding signs may be erected in connection with a permitted use which are necessary to regulate the movement of traffic on the interior roadways on the premises, provided that the location and number of the signs are reviewed and approved by the Planning Board. The signs shall not exceed four square feet in area and shall not exceed six feet in height.
P.
Banners in zoning districts other than residential districts. No person shall erect or install a banner within a nonresidential zoning district without securing a zoning permit from the Zoning Officer. The location for all banners must be approved by the Zoning Officer and the time period for use shall not exceed 20 days.
[Amended 8-3-2010 by Ord. No. 14-2010]
§ 30-265 Signs prohibited in all zoning districts.
Any sign not permitted by the sign regulations herein is hereby prohibited, with the following signs specifically prohibited:
A.
No sign shall be placed on benches, bridges, culverts, curbs, fences, hydrants, lamps, rocks, sidewalks, street signs, traffic signs, stumps, trees or utility poles.
B.
No sign shall be placed on public property within the City, including property owned or leased by the City of Millville, County of Cumberland, State of New Jersey or Millville Board of Education, or their agencies, unless specifically authorized by the governmental entity and the primary purpose of the sign is to further a legitimate governmental interest and public interest. Examples of permitted signs on public property include highway directional signs providing motorists with information concerning the location of gasoline, food and lodging. This section shall not apply to athletic fields where commercial signs are used to provide funding for nonprofit organizations.
C.
No sign shall be located so as to obstruct driver vision, traffic signals or traffic control or directional signs.
D.
No sign shall be located so as to obstruct doors, fire escapes, other places of business, other lawful signs or ventilation openings.
E.
No sign shall be erected containing information not protected by the First Amendment of the United States Constitution, such as signs that promote an illegal activity, provide false advertising or any sign which, when applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests or is obscene in nature.
F.
No sign shall be located so as to obstruct the free flow of pedestrian traffic on any sidewalk.
G.
No sign shall be located in a planting strip between the sidewalk and the curbline, except for official signs.
H.
No sign shall extend from the facade of a building more than 12 inches, unless it is an awning or projecting sign as otherwise permitted in this article.
I.
No sign shall be attached or affixed to the roof of a building and no wall sign shall project above the lowest level of a roof or beyond the corner of a wall.
J.
Vehicle signs.
K.
Portable signs, except as may be permitted in the Arts Overlay District.
L.
Temporary signs, except as may otherwise be permitted in this article.
M.
No sign shall be installed which emits smoke, visible vapors or particles, sound or odor, or any sign that emits electromagnetic radiation outside the wavelengths of visible light which is measurable beyond the property boundary, and signs causing interference with radio or television reception.
N.
Banners in residential areas.
O.
Flashing signs.
§ 30-266 Nonconforming signs.
A.
It is the purpose and intent of this section that all nonconforming signs shall be eliminated as soon as legally possible.
B.
Any signs existing at the time of the adoption of this chapter and which violate any provisions contained herein shall be deemed a nonconforming use and may be continued, maintained and repaired upon the premises or location, provided that such sign was lawful under any prior ordinance. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and there is issued by the Zoning Officer a sign erection permit.
C.
Any nonconforming sign which is associated with a change in occupancy or ownership shall necessitate an application to the Zoning Officer or other approving authority designated to issue a sign permit.
D.
When a business or use has ceased operation, any nonconforming sign located on the premises shall be removed forthwith.
E.
Any sign which has been damaged to the extent that the cost of repairs shall exceed 50% of the current value of the sign shall be deemed as destroyed, and the owner thereof shall not be permitted to erect or restore the sign except in accordance with this chapter.
§ 30-267 Temporary signs.
A.
No commercial sign shall be erected on residential property unless the sign is related to a use permitted within a residential zoning district. Examples of commercial signs permitted in a residential zoning district include real estate "for sale" signs and casual sale signs like "garage sale." These signs are regulated under a time, place and manner standard. Noncommercial signs are also regulated under a time, place and manner standard.
B.
Casual sale signs not exceeding four square feet in area shall be permitted on private property when a casual sale is legally licensed under Chapter 33 of this Code, provided the signs are set back at least 10 feet from the curbline and the signs are removed within 48 hours after the casual sale is completed. A casual sign shall only be permitted in lieu of a residential sign.
C.
Contractor signs not exceeding six square feet in area shall be permitted on private property when placed upon a work site under construction, provided the signs are set back at least 10 feet from the curbline and the signs are removed within 48 hours after the work is completed.
D.
Developer signs not exceeding 40 square feet in area advertising a major site plan development or major subdivision that has received final approval from the Planning Board shall be permitted, provided the signs are set back at least 25 feet from the street right-of-way and adjoining property lines and the signs are removed within 48 hours after construction is completed.
E.
Noncommercial signs not exceeding six square feet in area which promote an event sponsored by a person shall be permitted on private property in all zoning districts within the City, provided the signs are set back at least 10 feet from the curbline and the signs are removed within 48 hours after the event is over.
F.
Political signs not exceeding six square feet in area which identify a candidate running for public office shall be permitted on private property in all zoning districts within the City, provided the signs are set back at least 10 feet from the curbline and the signs are removed within 48 hours after the election is over.
G.
Real estate signs shall be permitted on private property which advertises the sale or rental of the premises where the signs are located, provided the signs are set back at least 10 feet from the curbline and the signs are removed within 48 hours after the sale or rental is completed.
(1)
Only one sign per street frontage shall be permitted. The maximum size of the sign shall be in accordance with the following schedule:
[Amended 8-3-2010 by Ord. No. 14-2010]
(2)
Off-premises directional real estate signs identifying an open house shall also be permitted. Signs may be two-sided and may not exceed three square feet per side. Signs may be installed only with the written permission of the property owner(s). Signs may be installed for a period of time up to 24 hours preceding the open house and must be removed the same day.
H.
Roadside stands shall be permitted one sign, attached to the roadside stand, not exceeding 12 square feet in area, which advertises the products sold. The sign shall be removed during the season when the products are not offered for sale.
I.
Temporary signs advertising special sales may be used at a rate of one per 200 feet of road frontage. Such signs must be set back from the public right-of-way at least six feet and must be removed at the end of each business day. Such signs may be used for no more than seven consecutive days. No temporary signs shall be permitted in a regional shopping center without the written permission of the owner. Temporary signs are not permitted in residential zones or in the Arts District Overlay Zone.
J.
Political signs shall be considered temporary signs. They shall not be placed earlier than 60 days before the election. They must be set back six feet from the public right-of-way and shall not exceed six square feet. All political signs require the permission of the owner and must be removed within 48 hours of the date of the election.
§ 30-268 Denial, suspension or revocation of permit; appeals.
A.
The Zoning Officer shall exercise control and supervision over all regulations contained in this article. Any applicant for a permit may be denied a permit, and any permit issued may be suspended or revoked by the Zoning Officer for any of the following causes:
B.
The applicant or permittee may appeal the decision of the Zoning Officer in accordance with N.J.S.A. 40:55D-70a.
§ 30-269 Violations and penalties.
A.
The Zoning Officer may enforce the regulations contained in this article by filing a complaint with the Municipal Court. Any person who shall violate any portion of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code of the City of Millville. It shall constitute a violation of this chapter for each and every day that a sign with an expired permit is displayed in contravention of this article.
B.
If the Zoning Officer determines that a sign has been erected or maintained in violation of this chapter, he or she shall mail a written notice of violation to the owner and occupant of the land where the sign is located to the last known address by regular and certified mail. The notice of violation shall provide that the person responsible shall have 10 days to repair or remove the sign.
C.
If the sign is not repaired or removed or an appeal filed within the 10 days, the Zoning Officer shall revoke the permit issued for the sign and, if feasible, repair or remove the sign, at the City's expense, and assess all costs and expenses incurred in the repair or removal of the sign against the land and buildings where the sign is located. The assessment shall be made by resolution of the governing body and shall include all costs and expenses incurred, including legal fees to cover the cost of preparing the resolution.