Mine Hill Township City Zoning Code
ARTICLE XXIX
Signs
§ 310-226 Purpose; intent.
A.
In all zoning districts within the jurisdiction of this chapter, signs may be used, erected, maintained, altered, relocated, removed or demolished only in compliance with the provisions of this article and any and all ordinances and regulations of the municipality relating to the use, erection, maintenance, alteration, moving or removal of signs or similar devices.
(1)
The intent of these regulations are to:
(a)
Control the size, location, character and other pertinent features of all exterior signs or interior signs visible from the exterior of the building;
(b)
Promote signage which is compatible with its surroundings, orderly, readable, appropriate, helpful and not distracting to motorists;
(c)
Discourage and render unlawful signs which contribute to visual pollution and clutter, are in disrepair or of faulty construction, or are in any way detrimental to the public safety and welfare.
(2)
Standards set forth herein with respect to size, location, and number of signs constitute zoning regulations. Deviations from these sign standards with respect to size, number and/or location of signs shall require the granting of a bulk zoning variance by the approving Board. Deviations from all other sign standards shall require the granting of a design waiver by the approving Board.
§ 310-227 Permits.
A sign permit shall be required before the erection, re-erection, construction, alteration, or placement or location of any permanent sign permitted by this chapter. No sign shall be constructed or displayed unless a permit shall have been obtained from the administrative official, or unless the signs have been approved of as part of a site plan or subdivision. All applications shall be signed by the owner of the sign and the property owner on whose premises the sign is to be erected. All applications shall contain a sketch of the proposed sign, drawn to scale, the wording or message and where the sign will be attached to a building. A plot plan shall also be provided showing the location of the proposed sign with dimensions to the nearest building, lot lines and existing freestanding signs within 100 feet of the proposed sign. All applications shall be accompanied by the appropriate fee. As soon as the sign has been erected, the applicant shall notify the Construction Official for a final inspection.
B.
In hearing any application for a variance or design waiver pertaining to signage, the Planning Board may consider modification to the overall sign design for the site. This may include a reduction in the quantity of signs and/or a reduction in advertising area of signs in order to promote the purpose of this article and so the benefits of granting relief will outweigh the detriments.
§ 310-228 Removal.
Signs shall be removed in the following instances:
A.
Signs on vacant premises or for discontinued use. The owner of a property shall remove, cover, or reverse the advertising, message, symbol or other information conveyed by signs within 30 days after the activity, business or use it advertises or calls attention to is no longer conducted in or upon the premises.
B.
Illegal signs. Any sign erected or applied in violation of this chapter shall be immediately removed by the owner. Any sign illegally placed in a public right-of-way shall be subject to removal by the Township and forfeiture at the owner's expense.
§ 310-229 Size calculation.
Except where specifically prohibited, all signs may be double-faced, and the maximum area shall apply to each side. The area of the sign shall include each and every part of the sign, including moldings and frames, computed in a rectilinear area as the product of the largest horizontal width and the largest vertical height of the sign. Where the sign is supported by a post or pylon whose surface is being used for advertising purposes, the area of the post, pylon or other supporting members shall be considered as part of the total allowable sign area. Wherever the name or advertising message on a sign is divided between a number of panels or parts, the total area of all of the panels or parts shall be considered as one sign, and where a sign consists of individual letters, logos or numbers attached to a building or structure, the area of the sign shall be considered as the total area encompassed by a rectilinear area of no more than six sides which can collectively enclose all of the letters, logos or numbers.
§ 310-230 Sign replacement or alteration.
If and when any sign is moved, altered or replaced, except for purposes of minor and nonstructural maintenance and/or repairs, the sign shall thereafter conform to all of the requirements of this article.
§ 310-231 Design standards and requirements.
The following regulations shall be observed for all signs in all zoning districts in the municipality:
A.
Any sign not specifically permitted is hereby prohibited.
B.
No sign shall be erected on any lot or building which does not pertain to the use of the lot or building, unless provided for elsewhere in this article.
C.
Identification signs of a prototype design and corporation logos shall conform to the criteria established within this article.
D.
A sign should complement the architectural style, scale, and aesthetics of the building and should be designed as an integral architectural element of the site to which it principally relates. As an architectural element, the sign should reflect the period of architecture and should be in harmony with a building's character and use. It must not interfere with architectural lines and details and shall conform to landscape standards associated with signs. Components of signs (supporting structures, backs, etc.) not bearing a message shall be landscaped and constructed of materials or painted a neutral color, to blend with the natural environment.
E.
Where a building requires several different signs under circumstances where this article would permit multiple signs, a consistent design theme shall be created utilizing similar elements such as material, size, background and lettering color, lettering style, illumination and borders.
F.
Any sign located along the right-of-way of a state or federal highway shall comply with any more restrictive requirements of the state and federal government relating thereto. No permit for signs along a state or federal highway shall be issued unless and until all necessary approvals from the state or federal government are received. Limitations on signs as set forth in this article shall not apply to any sign or directional device erected by the federal, state, county or Township government or agency thereof.
G.
No sign shall be placed in such a position as to endanger traffic by obscuring view or by confusing with official street signs or signals because of position, color or reflective surface, and no sign other than street signage or of governmental authority shall be placed within a sight triangle.
H.
No sign shall project over a public walkway, except for signs of governmental authority. For those exceptions where a sign is permitted, the lowest edge of such sign shall be at least eight feet above the sidewalk elevation.
I.
Only one sign of a permitted type for which a permit is required shall be erected on any one premises held in single and separate ownership, unless otherwise specified in this article.
J.
No sign shall have a dimension greater than as approved by the Board as part of site plan approval.
K.
Flags other than official national, state, county, or municipal flags shall be considered to be signs and shall comply with applicable regulations. Flagpoles shall not exceed 30 feet in height nor be located closer than 30 feet to a right-of-way.
L.
Every permitted sign must be constructed with durable materials, must conform with the requirements of the BOCA Building Code and the International Property Maintenance Code, and must be kept in good condition and repair. Any sign which is allowed to become dilapidated may be removed by the municipality at the expense of the owner or lessee of the property on which it is located.
M.
Except where more restrictive limitations apply, no sign or any part thereof shall be located closer than 10 feet to any municipal, state, or federal street right-of-way or lot line.
N.
All signs shall have a border a minimum of two inches in width on all sides of the sign. The structural frame may be used to meet the requirement for a border.
O.
Parking, traffic control, directional and warning signs as approved or deemed necessary to the public welfare shall be permitted in all zones, provided that they do not exceed four square feet in area and do not contain advertising.
§ 310-232 Freestanding signs.
A.
Only one freestanding sign is permitted for each property.
B.
Freestanding signs shall be set back a minimum of 30 feet from any residential district. Freestanding signs shall be placed in a location which will allow sufficient reaction time for drivers on the adjacent roads and not obstruct the visibility of cars entering and exiting the site.
C.
In no case shall a freestanding sign be located closer than 10 feet to any street right-of-way or 30 feet to any side or rear property line, unless otherwise noted in the particular zone district.
D.
Freestanding signs shall comply with the freestanding sign setback requirement of the zone where the sign will be located.
E.
No freestanding, ground, monument or pylon sign shall have more than two sign faces. The maximum distance between the faces of a double-faced sign shall not exceed 18 inches.
F.
Freestanding sign components relating to an assemblage of businesses such as a shopping center shall be grouped in an aesthetically compatible and visually coordinated manner.
G.
Freestanding signs shall consist of materials and colors similar to and compatible with the primary structure.
H.
Freestanding signs shall be supported utilizing durable materials which may include concrete, steel, treated wood, other suitable material or combination of same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds.
§ 310-233 Facade signs.
A.
The width of a wall sign extending perpendicular from the building face shall not exceed 12 inches. Signs erected flat against a building wall shall not extend above the height of a vertical wall, parapet or eave to which they are attached.
B.
There shall not be more than one facade or wall sign as herein regulated to each separate tenant of the premises, except, where the tenant's unit fronts on two streets, then one facade or wall sign shall be permitted per frontage.
C.
No sign shall be placed upon any roof surface.
D.
The maximum height of any facade sign shall not exceed five feet, and the maximum width shall not exceed 65% of the width of the wall upon which the sign is erected, attached or painted.
§ 310-234 Canopy and awning signs.
Where a business establishment has a canopy or awning, a sign may be attached to the face of the canopy or awning instead of a wall-mounted sign, provided the sign does not extend above the highest point of the canopy or awning, and further provided that:
A.
Signs attached to, painted on or part of the face of the canopy or awning shall not extend above, below, or to the sides of the face of the canopy or awning nor extend more than four inches from the face of the canopy or awning.
B.
For the purpose of this article, "canopy or awning" shall mean a covering extending from a building wall located at least eight feet above the sidewalk or the ground below, but not including any extension of the building roof.
C.
Maximum sign area and size shall be determined by the size and dimensions of the wall to which the canopy or awning is attached.
D.
The maximum height of any canopy or awning sign shall not exceed three feet, and the maximum width shall not exceed 75% of the width of the canopy or awning upon which the sign is erected, attached or painted.
§ 310-235 Time and temperature signs.
§ 310-236 Illumination.
A.
Illuminated signs shall not be illuminated by means of any flashing, occulting or moving light, nor shall any sign be erected which mechanically, either by shimmering or any other means, gives the appearance of a flashing, occulting or moving light.
B.
No internally illuminated signs shall be permitted in any zoning district. Illumination shall be from an indirect source only, such as a spotlight or by means of backlighting. Backlighted signs shall be constructed so that the lighting itself is not directly visible and so that it shines upon the building at a level sufficient only to display the sign's features. Any lighting fixtures mounted on the sign or in the vicinity thereof for such purposes shall be installed so as to be shielded or unobtrusive to avoid glare and/or hazards to pedestrians and motorists.
C.
No sign shall contain or be illuminated by the use of neon tubes except as necessary for backlighted signs, and, in any event, no neon tubes shall be visible.
D.
Any illuminated sign shall be designed and installed such that the light produced shines only upon the premises where they are located; exterior lighting shall be shielded where necessary to avoid glare or other hazards to motorists, pedestrians or adjoining properties. To the extent feasible, exterior sign lighting shall be directed so that such illumination is confined primarily to the sign features and not portions of the building facade unrelated to the sign.
E.
For all uses, regardless of the zoning district in which the property is situated, sign illumination shall be limited to the hours of operation of the business or use of the property or shall be terminated by 10:00 p.m., whichever is later.
F.
Signs used to display fuel prices at service stations may use internally illuminated or digital signs for the exclusive display of fuel prices. The fuel prices shall not exceed 12 inches in height.
[Added 2-15-2018 by Ord. No. 02-18]
§ 310-237 Prohibited signs.
The following signs are prohibited in all zones in the municipality:
A.
Signs using red, yellow and green lights placed within 100 feet of any traffic control signal now or hereafter erected.
B.
Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer, sequential or intermittent lighting, with the exception of any time or temperature displays.
C.
Changeable copy displays and message boards, except for public uses, quasi-public uses, theaters, and vehicular service station price signs.
D.
Signs using any materials which sparkle, glitter, or use neon or reflective colors, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.
E.
Signs which emit smoke, visible vapors or particles, sound or odor.
F.
Roof and projecting signs, except as otherwise noted in this article.
G.
Signs having more than two sign faces.
H.
Signs or advertising matter of an obscene nature.
I.
Signs using words such as "stop," "look," "danger," etc., which are placed in a manner or position which, in the judgment of the Chief of Police, constitutes a traffic hazard or otherwise interferes with the free flow of traffic.
J.
Signs which in any way simulate official, direction or warning signs or otherwise cause confusion with those erected or maintained by the State of New Jersey, Morris County or Mine Hill Township or by any railroad, public utility or agency concerned with the protection of the public health or safety or signs which hide from view any traffic or street sign or signal.
K.
Any sign which may dangerously confuse or distract the attention of the operator of a motor vehicle.
L.
Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.
M.
Signs causing interference with radio or television reception.
N.
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
O.
Streamers, flags, banners, pinwheels, wind-driven signs, flapping signs, rotating signs, inflatable signs, A-type signs, sandwich-type signs, sidewalk signs, curb signs and similar advertising devices, except as may otherwise be permitted in this article.
P.
Signs which are portable or fixed on a movable stand; self-supporting without being firmly imbedded in the ground; supported by other objects; mounted on wheels or movable vehicle; or made easily movable in any other manner except as may otherwise be permitted in this article.
Q.
Signs attached, affixed or painted on trees, rocks, other natural features, utility poles, light poles, signs attached to other signs, and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign.
R.
Any series of two or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.
S.
No billboard or billboard-type signs shall be erected.
T.
Signs located in a public right-of-way or approved site easement, except those owned and maintained by a duly constituted governmental agency.
U.
Signs located, painted or affixed on a water tower, storage tank, tower or other similar structure.
§ 310-238 Exempt signs.
The following signs do not require a sign permit and are exempt from the provisions of this chapter, provided they meet state requirements, where applicable:
A.
Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.
B.
Temporary and permanent traffic signs and signals installed by the municipality, county and state for the purpose of directing and regulating the flow of traffic.
C.
Signs indicating public transportation stops when installed by the municipality or a public transportation facility.
D.
One nonilluminated or shielded illuminated residence designation sign attached to a wall, not exceeding one square foot in surface area, shall be permitted for each single-family residence, multifamily residence or conditional home business use.
E.
Parking, traffic control, directional, entrance, exit, loading zones, and warning signs when deemed necessary for the public welfare, provided that they do not exceed four square feet in area. With the exception of entrance and exit signs, traffic signage shall not contain advertising.
F.
Nonilluminated or internally illuminated information or public service signs, such as those advertising the availability of restrooms, telephone, or similar public conveniences, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services, except those of public utilities.
G.
Historic tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies or religious organizations.
H.
Trespassing signs; signs indicating the private nature of a road, driveway, or premises; and signs prohibiting or otherwise controlling fishing or hunting upon a particular premises, provided that the area of one side of any such sign shall not exceed two square feet.
I.
Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization whenever and wherever flown in accordance with the laws and rules promulgated by the federal government, except that no flag may be placed closer than 30 feet to any right-of-way nor exceed a thirty-foot height.
J.
One lawn sign identifying the occupant and/or conditional home business use, not exceeding two square feet in area for each side located 10 feet from the right-of-way and all property lines. A sign for a conditional home business use shall only indicate the name and profession of the resident.
K.
Illuminated and nonilluminated signs which are an integral part of vending machines.
M.
Signs lighting and displays erected in connection with the observance of holidays. Signs shall be removed within 15 days following the holiday.
§ 310-239 Temporary signs.
The following regulations shall apply to temporary signs permitted in any zone unless otherwise specified:
A.
Nonilluminated real estate signs announcing the sale, rental or lease of the premises on which the sign is located. The sign may be double-faced, and, except as noted below, only one sign shall be permitted on each lot or parcel unless it fronts on more than one street whereby one sign shall be permitted per frontage. The maximum size of the sign shall be in accordance with the following schedule:
(1)
Residential zones: six square feet.
(2)
Business zones: 12 square feet.
(3)
Industrial zones: 24 square feet.
(4)
Residential developments with six or more homes for sale may be advertised on a nonilluminated real estate sign not to exceed 32 square feet nor a ten-foot height and located within the development advertised.
(5)
The advertised use of the structure shall be in accordance with the zoning permitted in the district in which it is located.
(6)
All real estate signs shall be removed within 15 days after closing, expiration of listing, or settlement on said property or the execution of the lease.
B.
Temporary signs for advertising public functions or fund-raising events for charitable or religious organizations shall be permitted for a period of 30 days prior to the event and shall be removed within 15 days after the event.
C.
Temporary political signs may be erected. Campaign signs shall be removed within 15 days after the election.
D.
Relocation information sign for a period of 30 days. A relocation sign shall be restricted to the present location of the relocating business. The relocation sign shall be incorporated into the existing sign and shall not be in excess of standards set forth for the zone in which the business is located.
E.
Construction signs. One sign announcing the name of developer, architect, engineer, contractor, subcontractors, funding source, the building enterprise and related information shall be permitted at a site under construction, alteration or repair, provided the sign shall not exceed 32 square feet in area and that the sign shall be removed before a certificate of occupancy is issued.
F.
Temporary window signs advertising or describing sales or special merchandise are permitted without a permit, only on the first floor, provided that the same sign does not remain visible from the exterior of the building for a period of longer than 20 days and that all of the signs individually or collectively do not exceed 30% of all available window space on the first-floor window on which the signs are located.
§ 310-240 Temporary special event signs.
Notwithstanding any provision of this article, the administrative official may issue a temporary permit for a period not to exceed three weeks for special signs advertising the opening of a new business or commercial enterprise subject to the following conditions:
A.
A temporary sign permit shall be obtained and specifically note the date of erection and removal.
B.
One temporary sign not exceeding 32 square feet shall be located on the same property as the business or enterprise they advertise and be set back a minimum of 10 feet from the street right-of-way and all adjoining property lines.
C.
The use of banners, pennants, flags, and similar advertising devices where it is determined by the administrative official that such signs can be erected without impairing the safety and welfare of the general public.
D.
Such signs shall be maintained in an orderly manner at all times.
E.
Such temporary signs shall be removed immediately upon expiration of the permit. Citation, violations and fines shall commence upon failure to remove the signage upon the expiration date of the permit.
F.
All other applicable portions of this article except number and size of signs shall apply.
§ 310-241 Special permit signs.
Signs which either do not lend themselves to the ordinary processes of measurement or, because of their nature, require special control, may be permitted when the Board finds such signs to be in conformance with the intent of this chapter and appropriate to the type of development or structure to which they are related. Signs of or similar to the following type require special permits:
§ 310-242 Maintenance.
A.
All signs with all their supports, braces, hooks, anchors and other fastening devices shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. In the event that the Zoning Officer of the municipality determines that any sign now hereafter erected 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 30 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 article.
B.
All signs shall be maintained in good repair. Lack of proper maintenance shall be considered abandonment, and the sign shall be removed upon notification by the Construction Official.
C.
If a sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall, within 30 days after such abandonment, be removed by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
D.
If the message portion of the sign is removed, leaving only the shell of the sign or the supporting braces, anchors, or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This shall not be construed to prevent the changing of the message of a sign.
§ 310-243 Signs in residential zoning districts.
Only the following signs shall be permitted:
A.
One nameplate sign attached to a wall. The sign shall not be more than one square foot in area and shall be located within the property lines. A sign for conditional home business use shall indicate only the name and profession of the resident.
B.
One lawn sign identifying the occupant and/or conditional home business use, not exceeding two square feet in area on each side, located 10 feet from the right-of-way and all property lines. A sign for a conditional home business use shall indicate only the name and profession of the resident (not telephone numbers, web addresses or any other information).
C.
One permanent sign to identify the name of a residential development of 25 units or more. Such sign shall be a maximum of 32 square feet in size, seven feet in height and shall be located a minimum of 15 feet from any property line. Multifamily developments shall be permitted one freestanding sign per development for each public street frontage.
D.
At the rental or sales office of the residential development, one temporary freestanding sign advertising the office, not to exceed 15 square feet in area and not more than five feet in height.
E.
Religious institutions, nursing homes, assisted living facilities, private schools, service organizations and public buildings and facilities may have one freestanding sign or bulletin board, not more than 24 square feet in area, not to exceed six feet in height, on each major street bordering the property. The source of light from any such sign, if illuminated, shall not be visible from any adjacent property or from any street.
F.
Signs deemed necessary by the governing body.
§ 310-244 Signs in nonresidential zoning districts.
Only the following signs shall be permitted:
A.
One facade, canopy, awning or permanent window sign per nonresidential occupant. The total aggregate area of all such signs shall not exceed 10% of the area of the face of the wall upon which such sign or signs are erected, attached or painted.
§ 310-245 Nonconforming signs.
Subject to the restrictions of this article, nonconforming signs that were otherwise lawful on the effective date of this article may be continued except as provided below.
A.
No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. No nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition, nor may illumination be added to any nonconforming sign.
B.
A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article.
C.
If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this chapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this article, a nonconforming sign is destroyed if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds 50% of the value (tax value if listed for tax purposes) of the sign so damaged.
D.
The message of a nonconforming sign may be changed as long as it does not create any new nonconformities.
E.
Subject to other provisions of this article, nonconforming signs may be repaired and renovated as long as the cost of such work does not exceed within any twelve-month period 50% of the value (tax value if listed for tax purposes) of such sign.
F.
If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise of activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within 30 days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
G.
If a nonconforming billboard remains blank for a continuous period of 180 days, that billboard shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this article or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this article, a sign is blank if:
(1)
It advertises a business service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or
(2)
The advertising message it displays becomes illegible in whole or substantial part; or
(3)
The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.