Upper Township City Zoning Code
§ 20-5.10
Signs.
[Ord. #006-2002, § 3; Ord. #009-2007, § 2; Ord. No. 011-2018]
a.
Purpose and General Provisions. The purpose of this subsection is to encourage the effective use of signs as a means of communication, to maintain and enhance the aesthetic environment and the Township's ability to attract economic development and growth, to improve vehicular and pedestrian safety, and to enable the fair and consistent enforcement of the regulations of this subsection.
This subsection is not designed to limit or prohibit speech, but to regulate the conduct of the message. The Township of Upper's sign regulations are content neutral.
No sign shall be erected, altered or replaced which is not in accordance with the standards established in this chapter. The erection of any sign shall require a construction permit, except as noted herein. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs, other places of business, other signs or windows of the buildings on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.
No billboards or off-site commercial advertising sign shall be erected or replaced, except in the Pinelands Area as provided in Subsection 13 below. Within the Pinelands area, no existing billboard or off-site commercial advertising sign not in conformance with Subsection 13 below shall continue beyond January 14, 1991.
1.
Animated, Flashing and Illusionary Signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited. Electronic message signs shall not continuously stream or flash messages and/or pictures. Messages shall be static and shall not change for at least one minute.
2.
Freestanding signs, where permitted, shall be supported by one or more columns or uprights which are firmly embedded in the ground, except within the MTCD, WTC, TC and TCC zone districts, pole signs shall not be permitted. Exposed guy wires, chains or other connections shall not be made in permanent support of the freestanding signs.
[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]
3.
Height. No freestanding or attached sign shall be higher at any point than the roofline of the building except that no sign shall exceed any lesser height if particularly specified in § 20-4 or in this Subsection 20-5.10. In addition, no attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as, but not limited to, driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.
4.
Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall comply with the appropriate State Uniform Construction Codes. (See Subsection 20-5.5 for additional standards.)
5.
Information and Direction Sign. Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "private property," "no hunting" or similar signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed two square feet in area.
6.
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. Within the Pinelands Area, signs shall be of a character and composition to be harmonious with the scenic value of the Pinelands to the maximum extent practicable.
7.
Portable signs shall conform to the following:
(a)
Each conforming commercial lot shall be permitted to have one portable sign.
(b)
Sign shall be of professional grade materials and quality.
(c)
Shall not be illuminated or electronic.
(d)
Sign shall not be located in the sight triangle.
(e)
Sign shall be removed from display after business hours. Portable sign may be one of the following types:
(f)
Shopping Center shall be permitted one portable sign per business. Sign shall be permitted in front of business on sidewalk, but not placed to block pedestrian access. Sign shall not be permitted along the roadway of a Shopping Center.
8.
Real Estate Signs. Two signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be permitted. Total area of all signs not to exceed 32 square feet. (Two sides may be used.) Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and 15 days after the legal closing. All such signs do not require a construction permit.
9.
Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed; but the area shall not include any supporting framework and bracing incidental to the display itself.
10.
Signs and sign structures of all types shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.
11.
Signs with two exposures shall be measured for area by using the surface area of one side of the sign only. Both sides may be used.
12.
Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than eight inches from the building.
13.
Billboards and Off-site Commercial Advertising Signs. No billboard or outdoor off-site commercial advertising signs, other than signs advertising agricultural commercial establishments, shall be permitted. Billboard or outdoor off-site commercial advertising signs advertising agricultural commercial establishments, shall be permitted provided that:
14.
Banners shall be permitted on walls, fences or supported by posts. Banners located on posts must meet the setback requirements for freestanding sign. Banners shall not exceed the total sign area permitted on the premises for a permanent wall signs. Such banners shall be permitted in addition to any permanent signage allowed. Banners are permitted for two, thirty-day periods within a calendar year. The Zoning Officer shall be notified in writing before a banner is displayed.
15.
Temporary signs for advertising contractor services shall be permitted in accordance with the following:
[Added 10-28-2019 by Ord. No. 016-2019]
(a)
Sign may be placed for a period of 30 days after a certificate of occupancy or approval has been issued (permanent or temporary) or 30 days for work that does not require a construction permit at a residence where the work is being performed.
(b)
No more than five signs may be placed throughout the Township at any given time for a single contractor.
(c)
The sign shall be nonilluminated, not larger than four square feet in area.
(d)
Only one contractor sign may be placed at any given residence unless the work being performed is in conjunction with a construction permit and all signs must be placed on a common sign board no larger than 32 square feet in size.
(e)
The Zoning Officer shall be notified in writing before the sign is placed at the residence.
16.
Flags. Decorative or informational flags such as "open" or "welcome," with a limit of one flag per business. Flags and flagpoles shall not be in the right-of-way.
[Added 10-28-2019 by Ord. No. 016-2019]
b.
Permitted Signs. The following signs are permitted for uses as specified in § 20-4 of this chapter for the various zoning districts:
1.
All Residential Districts.
(a)
Churches and schools: One freestanding sign not exceeding 20 square feet in area and 10 feet in height and set back at least 25 feet from all street rights-of-way and lot lines plus one attached sign not exceeding 25 square feet in area.
(b)
Golf courses and public utilities: One freestanding sign not exceeding 12 square feet in area and 10 feet in height and set back at least 25 feet from all street rights-of-way and lot lines.
(c)
Residential agriculture: Agricultural commercial establishments are permitted one sign permanently attached to the structure and not more than four temporary signs. The attached permanent sign shall not exceed 25 square feet in area and shall not exceed the height of the establishment. Each temporary sign shall not exceed an area of four square feet, a height of five feet, and shall be set back from all street and lot lines at least 10 feet. Temporary signs shall be permitted during the months of May through October. See Subsection 20-5.10a13 concerning off-site sign provisions for agricultural commercial establishments in the Pinelands Area of the Township.
(d)
Campgrounds: One freestanding sign which shall not exceed an area of 32 square feet and a height of 10 feet. The sign shall be set back 15 feet from all street lines and 25 feet from all side lot lines. The sign may be illuminated.
(e)
Home occupations: One unlighted or interior white lighted name plate sign identifying the home occupation, not exceeding six square feet in area, and either attached or freestanding. (If freestanding, the sign shall not exceed five feet in height and shall be set back at least 10 feet from all street rights-of-way and lot lines.
(f)
Residential signs: One freestanding residential sign shall be permitted per premises.
2.
Resort Commercial "RC" and Tuckahoe Village "TV" District.
(a)
Attached signs: One unlighted or lighted sign for each occupant of the building.
The total area of the sign shall not exceed 10% of the area of the face of the wall upon which such sign is attached or 16 square feet, whichever is smaller. Where the building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half of the sign on the front of the building.
(b)
Freestanding signs: One unlighted or lighted freestanding sign for each principal building or group of attached principal buildings.
(1)
Height: 35 feet or the height of the principal building, whichever is shorter.
(2)
Setback: 10 feet from the street line or lot line. Where existing development or roadway alignment prevent adequate visibility of signs meeting the setback requirements of this section, signs may be constructed up to the street line provided that any such sign is located at least eight feet above grade and supported by no more than two, six-inch diameter supporting members and further provided that no portion of any sign extends beyond the street line.
(3)
Area:
Lot frontage: <150 feet Not to exceed 32 square feet.
Lot frontage: >= 150 feet Not to exceed 50 square feet.
3.
Commercial "MTCD," "TC," "TCC," "WTC," "CM2," "CM4," and "CMP" District (lot size under three acres).
[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]
(a)
Attached signs: one unlighted or lighted sign for each occupant of the building. The total area of the sign shall not exceed 10% of the areas of the face of the wall upon which such sign is attached or 30 square feet, whichever is smaller. Where building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building.
(b)
Freestanding signs: One unlighted or lighted freestanding sign for each principal building or group of attached principal buildings (except auto service stations) except all freestanding signs in the MTCD, WTC, TC or TCC zones shall be monument signs.
(1)
Height: 35 feet or the height of the principal building, whichever is shorter except within the MTCD, WTC, TC or TCC zone where the height shall not exceed eight feet.
(2)
Setback: At least 20 feet from all street lines and 50 feet from all side property lines. Where existing development or roadway alignment prevent adequate visibility of signs meeting the setback requirements of this chapter, signs may be constructed up to the street line, provided that adequate sight distance is provided and further provided that no portion of any sign extends beyond the street line.
(3)
Area:
Lot frontage: <150 feet not to exceed 32 square feet.
Lot frontage: >= 150 feet not to exceed 75 square feet.
4.
Commercial "MTCD," "TC," "TCC," "WTC," "CM2," "CM4," and "CMP" District (lot size of three acres).
[Ord. No. 011-2018; amended 5-26-2020 by Ord. No. 005-2020]
(a)
Attached signs: One unlighted or lighted sign for each occupant of the building. The total sign area of the sign shall not exceed 10% of the areas of the face of the store wall upon which such sign is attached or 75 square feet, whichever is smaller. Where building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building.
(b)
Freestanding signs: One unlighted or lighted freestanding sign for each principal building or shopping center except all freestanding signs in the MTCD, WTC, TC or TCC zones shall be monument signs.
(1)
Height: 35 feet or the height of the principal building, whichever is shorter except within the MTCD, WTC, TC or TCC zone where the height shall not exceed eight feet.
(2)
Setback: At least 30 feet from any street or lot line. Where existing development or roadway alignment prevent adequate visibility of signs meeting the setback requirements of this chapter, signs may be constructed up to the street line, provided that adequate sight distance is provided and further provided that no portion of any sign extends beyond the street line.
(3)
Area:
Lot frontage: <250 feet not to exceed 75 square feet.
Lot frontage: >= 250 feet not to exceed 100 square feet.
[Ord. No. 011-2018]
c.
Permits.
1.
Permit Required. No sign shall hereafter be erected, re-erected, constructed, altered or maintained except as provided in this Subsection and after a permit for the same has been issued by the Construction Official.
2.
Application Procedure. Plans and detailed information shall be submitted with each application for a sign permit, setting forth the dimensions of the sign, the materials incorporated into its construction, the methods and materials used to support the sign, the type of illumination, if any, and the exact location on the building or premises. A sketch of the proposed sign, drawn to a scale of not less than 1/2 inch to one foot, shall be provided.
3.
Compliance with Codes and Ordinances. Structural features of signs shall be as may be specified in the Construction Code, but this chapter takes precedence with respect to area, location, illumination and other characteristics.
4.
Consent Required. The application for a permit shall be accompanied by the written consent of the owner or lessor of the property.
5.
Fees. Before a permit for the erection of any sign requiring a permit is issued by the Construction Official, a fee shall be paid according to the prevailing fee schedule applicable to construction permits.
6.
Exempt Signs. No permit shall be required for the following signs:
(a)
Any permitted sign in a residential area.
(b)
Temporary signs pertaining to the sale or lease of a lot or building or the construction of a building on the property on which such sign is placed.
(c)
Federal, State, County and Municipal signs and historical markers.
(d)
Signs identifying a church, public building, playground or other such permitted use, situated on the property to which such sign relates.
(e)
On-site directional signs containing no advertising matter and not exceeding eight square feet in size shall not be deemed freestanding signs for the purpose of this Subsection.
(f)
Temporary signs and banners advertising civic, social, and political events shall be permitted to be located off-premises provided that same are used to advertise a temporary event. Such signs may be erected 30 days in advance of the scheduled event and shall be removed within 48 hours after the special event or activity has taken place.
(g)
Political and social advertising signs. Temporary, political and advertising signs and temporary signs advertising civic, social or political gatherings or activities are permitted in any zone, provided that such sign not exceed 32 square feet and further provided that signs not be so located as to constitute a traffic hazard or to interfere with visibility along public rights-of-way. Temporary signs except political signs shall not be in use more than 60 days in any calendar year. Temporary political signs shall not be in use more than 60 days in any official election. The candidate(s) named on any political advertising sign shall insure that all political advertising signs are removed within 10 days after the election. Failure to remove said signs within 10 days after an election shall constitute a violation of this chapter and the penalty for violation shall be $50 per sign. The Zoning Officer is hereby empowered to enforce this section of the chapter and assess fines as prescribed above.
(h)
Shelters, benches. No permit shall be required for signs appearing on bona fide and approved public service or school bus shelters and public benches, provided the actual message area shall not exceed 32 square feet.
(i)
Signs required by Federal, State, County and Municipal law including signs advertising the price of gasoline.
(j)
Residential freestanding signs shall be permitted provided that the size of the sign does not exceed four square feet in area nor three feet in height and shall be set back a minimum of 15 feet from a street right-of-way line or any property line.
d.
Maintenance.
1.
The enforcing authority shall require the proper maintenance of all signs and shall inspect every sign for which a permit has been issued within 30 days after it is erected. All signs, together with any structural supports, shall be kept in repair and in a proper state of preservation to insure the safety of persons and property. The display surfaces of all signs shall be kept neatly painted or posted at all times. The enforcing authority may order removal of any sign that is not maintained in accordance with the provisions of this chapter. No fee shall be charged for a permit to repair an existing sign.
2.
Termination of Business. At the termination of any commercial or industrial enterprise, all sign faces and advertising material appearing on signs pertaining thereto shall be removed from public view within 30 days. The responsibility for the removal of the signs shall be that of the property owners as it appears on the most recent tax list of the Township.
e.
Nonconforming Signs.
1.
General. Nothing herein contained shall be deemed to require the removal or discontinuance of a legally existing sign display that is not altered, rebuilt, enlarged, extended or relocated, but all such signs shall be subject to inspection and maintenance. The terms "alter," "rebuild," "enlarge," "extend" and "relocate" shall not be deemed to include the making of ordinary repairs and maintenance or the repair of damage caused by accident or act of God. Failure to keep painted or in good repair for a period of one year, however, shall constitute presumptive abandonment, and the sign or appurtenance may not thereafter be replaced or reused absent compliance with this chapter.
2.
Replacement or Relocation of Nonconforming Signs in Residential Zones. Any replacement, alteration or relocation of a sign relating to a nonconforming use in a residential zone shall conform to the restrictions governing such sign as though it were in a commercial zone, except that the permitted sign area shall be 1/2 that which would be permitted if the use were located in such zone.