[Amended 2-21-1986 by Ord. No. 86-6C; 3-6-1987 by Ord. No. 87-12C; 9-1-1989 by Ord. No. 89-44C; 7-19-1996 by Ord. No. 96-16C; 7-18-1997 by Ord. No.
97-16C; 10-22-2010 by Ord. No. 10-47C; 10-26-2015 by Ord. No. 15-46C; 3-6-2017 by Ord. No. 17-06C; 7-2-2018 by Ord. No. 18-21C; 3-1-2021 by Ord. No. 21-04C[1]]
The purpose of this article is to establish regulations for
the installation, placement, and use of signs, banners, symbols, markings,
and advertising devices. The standards are designed to protect and
promote the public and environmental health, welfare, and safety,
as well as aid in the development, promotion, and preservation of
business, industry, and property values by providing sign regulations
that encourage aesthetic harmony, overall aesthetic concerns, preservations
of the environment, effectiveness, flexibility, and safety concerns
in the design, placement, and use of such devices.
As used in this article, the following terms shall have the
following meanings indicated:
A sign that no longer advertises a bona fide business, lessor,
owner, product, activity conducted, or product available or that directs
persons to a location where such goods, products, services, or facilities
are no longer available.
The area of the largest single face of the sign within a
perimeter that forms the outside shape, including any frame, that
forms an integral part of the display, but excluding the necessary
supports or uprights on which the sign may be placed. If the sign
consists of more than one section or module, all areas will be totaled.
Where poster panels or bulletins are installed back-to-back, one face
only is considered as area. If there is a difference, the larger face
will be counted.
A strip of flexible material or cloth and/or narrow flag-type
sign bearing copy, color, design, and/or any other symbol.
A manual or electronically or electrically controlled sign
that changes copy on the sign.
A temporary sign identifying a building or construction site
and any or all of the architects, engineers, financial institutions,
contractors, and suppliers involved.
Any wording on a sign surface.
The area in square feet of the smallest geometric figure
that describes the area enclosed by the actual copy of a sign.
Any sign that serves solely to designate the location of
any place or area.
Any sign containing electrical wiring that is attached or
intended to be attached to an electrical energy source.
The entire area of sign upon which copy could be placed.
A sign attached to or against a wall of a building, with
the face parallel to the building wall, and extending not more than
one foot therefrom.
A banner or flag with a feather-like structure and/or feather
shaped.
A piece of cloth or other flexible material varying in size,
shape, color, and design, usually attached on one edge to a staff
or cord bearing copy, color, design, and/or any other symbol and often
employed to display the symbol of a nation, state, or organization.
Any sign that contains an intermittent or flashing light
source or that includes the illusion of intermittent or flashing light
by means of animation or an externally mounted intermittent light
source. Automatic changing signs, such as public service time, temperature,
and date signs or electronically controlled message centers are classed
as changeable signs, not flashing signs.
Any sign that is lighted from within, without, or reflects
from a source intentionally directed upon it, for example, by means
of floodlights, goose-necked reflectors, or externally mounted light
fixtures.
LED, or light-emitting diode, is an electronic device that
emits light when an electrical current is passed through it.
Signs made with a series of sections that turn and stop or
flip to show several pictures or messages in the same area.
A tapering flag.
Any sign not permanently attached to the ground or a building.
An area of land with its appurtenances and buildings that,
because of its unity of use, is one unit of real estate.
Any sign to sell, lease, or rent land or buildings, but not
a sign identifying or advertising a real estate broker's office or
other office devoted to the sale of real estate.
Signs such as Christmas decorations or those used for an
historic holiday and installed for a limited period of time.
Any identification, description, illustration, symbol, collection
of symbols, statue, any landscaping where letters or numbers are used,
or device illuminated or nonilluminated that is visible from any public
place designed to advertise, identify, or convey information, or direct
the public's attention to a product, services, business, nonprofit,
religious organization, or any other commercial or residential location,
with the exception of noncommercial and non-business-related flags.
Any and all regulations relating to permitting of signs and the safety
and maintenance of signs shall be deemed to include the sign structure
as well, whether or not sign structure is also set forth in the provisions
thereof. The definition of "sign" shall include, where applicable,
any structure that supports, has supported, or is designed to support
any type of sign, banner, feather flag, pennant, or flag. A decorative
cover is part of a sign structure.
A sign that is not permanently affixed. All devices, such
as banners, pennants, flags (not intended to include noncommercial
flags), searchlights, twirling or sandwich-type signs, sidewalk or
curb signs, and balloons or other air- or gas-filled figures.
Except as otherwise provided in this article, all signs shall
be subject to the following regulations.
A.Â
All signs not specifically permitted are prohibited and no sign shall
be placed or erected except in accordance with this article.
B.Â
All signs shall be designed, constructed, installed, and maintained to be compatible with their surroundings and in a manner so that they do not endanger the public health, welfare, and safety. All signs shall be constructed in accordance with all Code requirements, including Chapter 64 and all applicable state and local building codes.
C.Â
The Code Enforcement Officer, the Zoning Officer, and/or their designees
shall be the designated public officers charged with the authority
to carry out the provisions of this article.
D.Â
Every sign and sign structure, including any sign exempted from permit
requirements, shall be maintained in good structural, aesthetically
pleasing, presentable, safe, neatly painted, clean, and in otherwise
good and well-maintained condition.
E.Â
No sign shall be maintained whereby reason of its position, size,
shape, content, or color, it may, in the opinion of the Chief of Police
or his/her designee, obstruct, impair, obscure, or interfere with
the view of, or be confused with, any traffic control sign, signal,
or device, or where it may interfere with, mislead, or confuse traffic
or the public.
F.Â
Unless expressly authorized by this article, no illuminated or flashing
signs shall be permitted and no authorized illuminated signs shall
include exposed bulbs or tubings or flashing lights.
G.Â
All signs lawfully installed or placed by a governmental entity are
permitted.
H.Â
All signs shall relate to the use, business, activity, product, or
occupancy of and/or relating to the property upon which the sign is
located.
(1)Â
Signs relating to the business or profession conducted on the property
shall advertise only the name of the owner or lessee, the name of
the establishment, the type of establishment, goods or services or
the trade name of the establishment and the goods manufactured or
sold or services rendered, except for traffic and public convenience
signs.
I.Â
No sign shall be affixed to any roof, tree, fence, or other similar
structure.
J.Â
No signs, except those owned and operated by a duly constituted government
authority, shall be placed on any public right-of-way, including any
curb, sidewalk, post, pole, utility pole, hydrant, bridge, tree or
other surface located on public property or over or across any street
or public thoroughfare or on any public property except as shall expressly
be authorized by this article.
K.Â
Except as provided in § 205-65A(3), preexisting nonconforming businesses in a residential zone are permitted to erect signs as if located within a business zone.
A.Â
Residential zones. Except as otherwise provided in this article,
the following regulations shall apply to all residential zones.
(1)Â
All signs shall be placed within the property lines, but outside
the public right-of-way, or no less than 10 feet back from the curb
or paved area, whichever is greater, or on the interior of windows,
as permitted by this article.
(2)Â
The trim or framing devices of all signs shall not exceed 10% of
the sign area.
(3)Â
Only one home occupation or profession announcement sign shall be
permitted and shall be no greater than six square feet in size.
B.Â
Commercial and marine zones. Except as otherwise provided in this
article, the following regulations shall apply to all nonresidential
zones.
(1)Â
Only one illuminated professional office announcement sign shall
be permitted per property and shall be no greater than six square
feet in size.
(2)Â
Only one illuminated sign shall be permitted in a driveway at a property
in use as a church, school, public museum, or other nonprofit and
shall not exceed 20 square feet in area and shall be set back a minimum
distance of 20 feet from any street line.
(3)Â
Signs used by properties to provide directions to specific buildings
and off-street parking areas shall not exceed four square feet in
area and shall be set back a minimum distance of 20 feet from any
street line. Signs painted on pavement surfaces shall be restricted
to traffic control markings only.
(4)Â
Directional signs for public buildings, public utilities, buildings,
structures, hotels, motels, apartment houses, and other structures
designed for occupancy by more than two families, boatyards, and marinas
shall be no greater than eight square feet in area and each use shall
be permitted no more than two signs.
(5)Â
Premises or point-of-sale signs, including illuminated types otherwise
in compliance with this article, but excluding flashing or moving
signs, shall be permitted provided they comply with the following.
(a)Â
No more than two signs shall be permitted on any parcel or use
with an aggregate area not exceeding 40 square feet, plus 10% of the
sign area for border area, and the aggregate length of the sign or
signs shall not exceed 12 feet.
(b)Â
No attached sign shall project more than five feet beyond the
building line nor more than six feet beyond the face of any building.
(6)Â
The trim or framing device shall not exceed 20% of the sign area.
(7)Â
Signs may be painted upon or attached to the exterior of a commercial
structure, provided that it or they may not exceed in total over 10%
of the ground-floor plan area (with a maximum of 3,000 square feet
in any event) actually devoted to the business described in such sign;
and provided, further, that no such sign shall exceed five feet in
height and there shall not be more than one sign per side or front
of such building; and provided further that one sign may be more than
five feet in height if its width does not exceed five feet. No sign
thus arranged vertically shall exceed 12 feet from the bottom of the
sign.
(a)Â
Where more than one tenant exists at a property, each tenant
may have one building-attached sign. Such signage shall be exclusively
located along the business frontage, being that portion of the business
serving as the primary entryway for customers.
(8)Â
Point-of-sale signs and feather flags may be placed on the property
owned or leased by the proprietor of a business where the business
is being conducted. The sign may only be used for the purposes of
advertising the proprietor's business. A maximum of four feather flags
may be placed on the lot. No sign or feather flag shall be placed
within the corner clearance area or site triangle.
(9)Â
Each business may place, solely during the hours the business is
in operation and to be removed each day, one sign meeting all of the
following restrictions.
(a)Â
The sign shall have a maximum width of 30 inches, maximum height
of 42 inches, and a maximum depth of 20 inches.
(b)Â
The sign shall be located within 10 feet of the main entrance
to the business, provided further, however, that if the sign is placed
upon a sidewalk, a sixty-inch-wide unobstructed path shall be maintained
at all times on the sidewalk.
(c)Â
No strings, streamers, flags, pennants, spinners, balloons,
strings of lights or similar devices shall be attached to any sidewalk
sign.
(d)Â
Notwithstanding the foregoing, each sidewalk sign must be immediately
removed by its owner when snow and/or ice adheres to the sidewalk.
A.Â
Except as otherwise provided in this article, it shall be unlawful
for any person to erect, construct, enlarge, move, or convert any
sign, or cause the same to be done, without first obtaining a sign
permit for each such sign from a designated public officer.
(1)Â
No permit shall be required for a change of copy on any sign, nor
for the repainting, cleaning, normal maintenance, or repair of a sign
or sign structure for which a permit has previously been issued, so
long as the sign and sign structure are not modified in any way. No
new permit is required for signs that have permits and that conform
with the requirements of this article on the date of its adoption
unless and until the sign is altered or relocated.
(2)Â
No person shall erect, construct, or maintain any sign upon any property
or building without the consent of the owner or person entitled to
possession of the property or building, if any, or their authorized
representatives.
B.Â
Application for a permit shall be made upon a form provided by the
designated public officer and shall be accompanied by such information
as may be required to ensure compliance with all appropriate laws
and regulations, including, at a minimum, the following.
(1)Â
The name, address, and contact information of the owner and the person
in possession of the premises where the sign is located or to be located
and the name, address, and contact information of the owner of the
sign.
(2)Â
A drawing depicting the location of the sign and all other existing
signs located on the same premises.
(3)Â
A description of the type of sign, material components of the sign,
and nature and intended use of the sign.
(4)Â
A drawing depicting the sign structure, sign size, electrical components,
and method of attachment and character of the structural members to
which attachment is to be made. If required by the designated public
officer, engineering data shall be supplied on plans submitted, certified
by a duly licensed structural engineer.
D.Â
When a sign permit is denied by the designated public officer, he
or she shall give written notice of the denial to the applicant, together
with a brief written statement of the reasons for the denial.
E.Â
Any sign permit issued shall become null and void if construction
is not commenced within 180 days from the date of such permit. If
work authorized by such permit is suspended or abandoned for 120 days
any time after the work is commenced, a new permit shall be first
obtained before any work shall recommence.
(1)Â
The person erecting, altering, or relocating a sign shall notify
the designated public officer upon start of construction and upon
completion of the work for which permits are required.
(2)Â
All freestanding signs are subject to a footing inspection and all
electrical signs are subject to a final electrical inspection.
F.Â
If the designated public officer shall find that any sign or part
thereof is unsafe or insecure, he/she shall give written notice to
the owner of the sign or the owner of the property. If the sign is
not removed or repaired within 48 hours after the issuance of such
notice, the designated public officer shall cause the removal, transportation,
and storage of the sign, at the expense of the owner of the property
upon which it is located.
The following signs shall be exempt from the permit requirements in § 205-65, but shall nevertheless comply with all applicable requirements set forth in this article and the Code.
A.Â
Construction signs. Construction signs for which a valid building
or zoning permit has been issued.
(1)Â
During construction or alteration of a property for which a construction
or zoning permit has been issued, one sign may be maintained on the
construction site by each of the contractors and subcontractors concerned,
provided that such sign does not exceed six square feet in area. Termination
of the construction shall be determined by the Code Enforcement Officer.
All construction signs shall be removed from the property prior to
the issuance of any certificate of occupancy or certificate of approval.
B.Â
Directional or instructional signs. Signs that provide direction
or instruction and are located entirely on the property to which they
pertain and do not in any way advertise a business and do not exceed
four square feet in area, such as signs identifying rest rooms or
walkways, or signs providing direction, such as parking lot entrance
and exit signs, as well as those of similar nature. This exemption
is limited to busines and marine zones.
C.Â
Flags. Flags not used for any commercial or business-related advertising
purposes.
D.Â
Holiday signs. Signs of a primarily decorative nature clearly incidental
and customary, and commonly associated with any national, local, or
religious holiday, provided that such signs shall be displayed for
a period of not more than 45 consecutive days nor more than 60 days
in any one year. Such signs may be of any type, number, area, height,
illumination or animation and shall be set back not less than 10 feet
from all boundary lines of the lot, provided that a clear area be
maintained to a height of 72 inches within 55 feet of the center line
of the intersection of two streets and a street and driveway. Subject
to the foregoing, any type of holiday decorations that partially camouflage
or divert attention from traffic signals or directional signals are
specifically prohibited.
E.Â
House numbers, nameplates, and security signs. House numbers, nameplates,
and security signs not exceeding two square feet in area for each
residential building and residential dwelling unit.
F.Â
Interior signs. In business and marine zones, signs located within
the interior of any building or shopping center or within an enclosed
lobby or court of any building and signs for and located within the
inner or outer lobby, court, or entrance of any theater that are not
visible from the public right-of-way. In residential zones, for rent
and for sale signs shall be permitted in the interior and visible
from the public right-of-way.
G.Â
Memorial signs. Memorial signs or tablets or names of buildings placed
so as to be part of the building.
H.Â
Notice bulletin boards. Notice bulletin boards not to exceed 24 square
feet in area for medical, public, charitable, or religious institutions
where the same are located on the premises of said institution.
I.Â
No-trespassing or no-dumping signs. No-trespassing or no-dumping
signs not to exceed one for every 50 feet per lot, except that special
permission may be granted by the designated public officer for additional
signs under special circumstances.
J.Â
Plaques. Plaques or nameplate signs not more than 2Â 1/2 square
feet in area that are fastened directly to the building.
K.Â
Political signs. Signs on behalf of candidates for public office
or measures on election ballots, provided that said signs are subject
to the following regulations.
(1)Â
May be erected not earlier than 45 days prior to said election and
shall be removed within 15 days following said election.
(2)Â
No sign shall be permitted on any public property or located within
or over the public right-of-way, including, but not limited to, on
any fire hydrants, traffic signs, utility poles, or similar public
fixtures.
(3)Â
No sign shall be erected on any private property without the express
consent of the owner, who shall then be responsible for compliance
with this article.
(4)Â
No sign in excess of eight square feet shall be permitted to be placed
on grounds or yards facing any public street. All such signs shall
be at least eight feet from the inner sidewalk line, and, if there
is no sidewalk, 10 feet from the street line.
(5)Â
No sign in excess of eight square feet shall be permitted on any
private building, except that each political candidate shall be entitled
to one sign exceeding that size on one private building designated
as said candidate's campaign headquarters.
L.Â
Public notices. Official notices posted by public officers or employees
in the performance of their duties.
M.Â
Public signs. Signs required or specifically authorized for a public
purpose by any law, statute, or ordinance, which may be of any type,
number, area, height above grade, location, illumination, or animation
required by the law, statute, or ordinance under which the signs are
erected.
N.Â
Real estate signs. Signs advertising the property for real estate
sale or rental purposes, provided that only one sign shall be permitted
on a property and shall not exceed an area of six square feet with
the maximum dimension of four feet.
(1)Â
"For sale" signs shall be limited to one sign on any property, provided
that such sign is located entirely within the property to which the
sign applies. One additional "for sale" sign is permitted where a
property has an excess of 300 feet of frontage or fronts on two streets.
All for "sale signs" shall be removed within 15 days after the sale
has been consummated.
(2)Â
"For rent" signs shall be limited to one sign on any property, shall
not be permitted outside on the property, and shall only be displayed
on the interior of one window located at the property. One additional
interior for "rent sign" is permitted in one additional window where
a property fronts on two streets.
(3)Â
"Open house" signs. "Open house" signs shall comply with the requirements
for real estate signs above set forth and the following.
(a)Â
The open house advertised by an "open house" sign shall be for
a maximum period of 48 hours per event.
(b)Â
An "open house" sign utilized as a directional sign may be placed
in the public right-of-way, provided that it does not obstruct the
free passage of pedestrians or lawfully operated vehicles and further
is not placed in such a manner as to cause corner sight obstructions.
(c)Â
No "open house" sign shall be permitted on any median.
(d)Â
No "open house" sign shall have attached thereto balloons, flags,
or any other attention-attracting attachments of any sort, kind nor
description.
(e)Â
"Open house" signs may only be displayed from 8:00 a.m. to 5:00
p.m. on the two days of a permitted open house event.
(f)Â
One real estate sign advertising a property located on a private
easement and having no frontage on any public street or thoroughfare
advertising a property on the private easement for sale or for rent
is permitted in the sight triangle where the private easement meets
the public street or right-of-way.
O.Â
Window signs in business and marine zones.
(1)Â
For each ground-floor occupancy of a building in the commercial and
marina zones, not more than two permanent signs that may be painted
on or otherwise displayed from the inside surface of any window, showcase,
or other similar facility. Said signs shall be in addition to those
signs permitted under the other provisions of this chapter. The total
copy area of such signs, however, shall not exceed a maximum of 25%
of the total window area or one square foot per lineal front foot
of the premises occupied, whichever is the lesser.
(2)Â
Signs in the display window. Signs in the display window of a business
use which are incorporated with a display relating to services offered.
(3)Â
Temporary signs in the window, provided that the area of window-mounted
signs displayed does not exceed 25% of the area of the window in which
they are mounted.
P.Â
Symbols, insignia, historical, and architectural signs. Religious
symbols, commemorative plaques of historical agencies, or identification
emblems of religious orders or historical agencies, and signs setting
forth historical or architectural designations, provided that no such
sign shall exceed four square feet in area, shall be placed flat against
a building, are limited to one facade, and contain no commercial advertising.
Q.Â
Temporary signs. Temporary signs not exceeding four square feet in
area pertaining to drives or events of civic, philanthropic, charitable,
educational, or religious organizations, provided that said signs
are posted only during said drive or no more than 30 days before said
event and are moved within seven days of the event. The Board of Commissioners
may grant a temporary permit for signs or banners in sizes it authorizes
over a street or public way.
R.Â
Warning signs. Signs warning the public of the existence of danger
but containing no advertising material, of a size as may be necessary,
to be removed upon subsidence of danger; provided that such signs
are limited to no more than two facade or ground-mounted signs per
occupancy, are no more than three square feet in area each, are nonilluminated,
and, if ground-mounted, are no higher than three feet in height.
S.Â
Real estate tract development signs. During the development of a
tract of land which has been subdivided pursuant to the Code into
three or more lots, a sign erected and maintained by the subdivider
on the premises advising the public of the subdivision and of the
availability of lots for sale therein. Such signs shall not exceed
50 square feet in size nor shall its largest dimension exceed seven
feet. The square footage and maximum dimension shall include any trim
or framing device utilized with the sign. The top of such sign shall
not be located more than 12 feet above grade of the street on which
the lot fronts where the sign is located and the sign shall not be
erected until the Planning Board has granted final subdivision approval
and the subdivision map has been signed and filed with the County
of Ocean. Once erected, the sign shall not be permitted to remain
beyond the earlier of the sale of the last lot or 36 months from the
date of its erection. In addition to the sign advertising the subdivision,
each lot therein will be permitted a real estate sign as provided
by this chapter.
T.Â
Special event, private sale, and event signs. Signs announcing private
sales or events, provided that such signs are no more than six square
feet in area, are located entirely on the property where such sale
or event is to be conducted or on other private property pursuant
to the owner's consent and which are clearly marked with the name,
address, and telephone number of the person responsible for the removal
of such sign. Such signs shall not be erected more than 36 hours in
advance of such sale or 45 days in advance of such event and they
shall be removed on the day following the conclusion of such sale
or event. No more than four signs may be placed on any business property
nor more than one on any residential property and shall be removed
no more than three days after such sale or event.
The following types of signs are expressly prohibited in all
zones, except as otherwise provided by this article.
A.Â
Illuminated, animated, moving, flashing, and LED signs. Except as
provided in this article and below, no illuminated LED, fiber-optic,
neon, or otherwise electronically lighted or unlighted message sign,
sign board, sign box, other type of sign structure, or object which
is moving, animated, scrolling, flashing, variable, blinking, auto-changing,
any other means of providing constant illumination, or programmable
shall be permitted, except for the required movement of time-and-temperature
displays. Time-and-temperature display signs shall be permitted only
as part of a site plan approved by the Land Use Board.
(1)Â
All governmental entity signs shall be permitted.
(2)Â
Signs at gasoline stations on which the unit pricing of fuel is shown
electronically shall be permitted, provided that the remainder of
the sign remains static at all times, and further provided that the
unit pricing changes no more than one time every 24 hours.
(3)Â
Changeable signs shall be permitted.
B.Â
Miscellaneous signs and posters. The tacking, pasting, or otherwise
affixing of signs of a miscellaneous character, visible from a public
way, located on the walls of buildings, barns, sheds, on trees, poles,
posts, fences, or other structures is prohibited unless specifically
permitted by this article.
C.Â
Moving signs. No sign or any portion thereof shall be permitted that
moves or assumes any motion constituting a nonstationary or nonfixed
condition, except for the rotation of barber poles, changing signs,
or multiprism units. Indexing multiprism units must not exceed a speed
of two complete revolutions every 20 seconds. This section is not
meant to prohibit any form of vehicular sign, such as a sign attached
to a bus or lettered on a motor vehicle.
D.Â
Abandoned signs and sign structures. Abandoned signs and sign structures
are not permitted.
E.Â
Advertising vehicles. Except as provided below, no person shall operate
or park any vehicle or trailer on a public right-of-way or on private
property so as to be visible from a public right-of-way that has attached
thereto or located thereon any sign or advertising device for the
primary purpose of advertisement of products and/or directing people
to a business or activity or premises, nor shall any said sign advertise
any property or any other premises for sale or rent.
(1)Â
This regulation shall not prohibit a sign attached to a bus or lettered
on a motor vehicle unless the primary purpose of such vehicle is for
such advertising.
(2)Â
This regulation shall not prohibit a sign or advertisement attached
to a vehicle owned by the business being advertised and used for business
purposes and lawfully parked at the business property.
(3)Â
This regulation shall not prohibit any business that advertises for
other businesses and operates the vehicle with signs affixed thereto
on the road for purposes of advertising and promotion.
F.Â
Banners. Banners, pennants, searchlights, twirling signs, sandwich-board
signs, sidewalk or curb signs, and balloons and other gas-filled figures
shall not be used, except that they shall be permitted at the opening
of a new business in a commercial district for a total period not
to exceed five days and in residential districts in conjunction with
a demonstration of model homes in a new subdivision for two days prior
to the opening of such demonstration to two days after and not to
exceed a total period of 15 days in any calendar year. The signs shall
also be permitted at special events of a civic or philanthropic nature
upon application to and approval by the designated public officer.
G.Â
A-frame signs. A-frame, sandwich board, sidewalk, or curb signs are
prohibited, except as otherwise provided by this article.
H.Â
Portable signs. Portable or wheeled signs are prohibited except for
new business openings for a maximum period of 15 days. This shall
not be interpreted to prohibit identification lettering on motor vehicles
or advertising on buses.
I.Â
Billboards. The further erection, construction, or enlargement of
signs known as commercial advertising billboards is prohibited. Existing
billboards may be repaired or maintained in the same location, but
may not be enlarged, relocated to another lot, or replaced in the
event of the total destruction thereof.
J.Â
Other signs. The following signs are also prohibited:
(1)Â
Signs visible to the public which bear or contain statements, words,
or pictures of an obscene, indecent, or pornographic character.
(2)Â
Signs that are painted on or attached to any fence (except temporary
fences around construction sites) or any wall or structure (other
than structures for permitted signs) that is not structurally a part
of a building, except to identify a residence or residence structure
by means of posting the name of the occupant or structure and the
street address or no-trespassing signs.
(3)Â
Signs that operate or employ any stereopticon, motion picture projection,
or media in conjunction with any advertisements or have visible moving
parts or give the illusion of motion.
(4)Â
Signs that emit audible sound, odor, or visible matter.
(5)Â
Signs that, by reason of their size, location, movement, content,
coloring, or manner of illumination, purport to be an imitation or
may be confused with or construed as a traffic sign, traffic signal,
a device or light of an emergency or road equipment vehicle, or which
hide from view any traffic sign, signal, device, or other governmental
sign installed or placed to direct the public or otherwise intended
to protect the public health, welfare, and safety.
(6)Â
Signs that directly or indirectly cause or produce any glare into
a street or upon any dwelling unit. Exposed sources of light, including
bare bulbs and tubules and immediately adjacent reflecting surfaces
shall be shielded so as not to create a nuisance across lot lines.
(7)Â
Any sign on a vacant or unimproved lot other than a "for sale" or
real estate development tract signs.
(8)Â
Signs that will obstruct the visibility of the motorist or pedestrian
proceeding along the public way or entering or leaving a lot, driveway,
access road, or intersection.
(9)Â
Signs with lighting or control mechanisms that may cause interference
with radio, television, wireless facilities, or utilities.
(10)Â
Signs which use the words "stop," "look," "caution," "danger,"
or any similar wording that may confuse or mislead the public.
A.Â
Signs that received permits and were considered lawful prior to the
adoption of this article may be continued although such signs do not
conform to the regulations specified by this article, except that
a legal nonconforming sign shall immediately lose its legal nonconforming
designation if:
(1)Â
The sign is altered in any way in structure that tends to or makes
the sign less in compliance with the requirement of this article than
it was before the alteration;
(2)Â
The sign or sign structure is relocated;
(3)Â
The sign (except for copy on a changeable copy sign) is replaced;
or
(4)Â
In the opinion of the designated public officer or the Chief of Police
the sign or sign structure constitutes a traffic hazard, a public
hazard, a nuisance, or otherwise poses a threat to the public health,
welfare, and safety.
B.Â
In the event a sign becomes nonconforming pursuant to Subection A
above, the designated public officer shall order it removed on 10
days' written notice, giving the reason therefor.
C.Â
Nothing in this article shall relieve the owner or user of a legal
nonconforming sign or owner of the property on which the legal nonconforming
sign is located from the provisions of this article regarding safety,
maintenance, and repair of signs, or otherwise permit such signs that
constitute a traffic hazard, public hazard, or nuisance; provided,
however, that any repainting, cleaning, and other normal maintenance
or repair of the sign or sign structure shall not modify the sign
or sign structure in any way that makes it more nonconforming.
If any portion of this article is found to be in conflict with
any other provision of any zoning, building, fire safety, or other
regulations set forth in the Township Code, the provision which establishes
the higher standard shall prevail.
B.Â
In the event that a sign constitutes a threat to the public health,
welfare, and safety, the designated public officer may order it removed
on 10 days' written notice, giving the reason therefor. In the event
a sign is removed on the basis of the public health, welfare, and
safety, the designated public officer shall certify the cost of removal,
transportation, and storage to the Board of Commissioners. The Board
of Commissioners shall examine the certificate, and, if it shall be
found correct, shall cause the cost as shown thereon to be charged
against the lands and structures from which the sign was removed.
The amount so charged shall forthwith become a lien upon the lands
and shall be added to become and form a part of the taxes next to
be assessed and levied upon the property, the same to bear interest
at the same rate as taxes and shall be collected and enforced by the
same officers and in the same manner as taxes.