The regulations contained in this article shall
apply to all signs in all zoning districts.
Signs in all zoning districts shall be categorized
according to the types and classes described below and shall comply
with the requirements for those types and classes described in this
section.
A.
Classes. Signs are classified by physical attributes
into the following categories.
(1)
Freestanding. A sign supported on a foundation
or by one or more uprights, poles or braces permanently affixed to
the ground and not attached to any building or other structure, including:
(a)
Pole sign. A freestanding sign which is supported
by one or more poles, uprights or braces and which has a minimum clearance
between the bottom edge of the sign and the adjacent ground level,
as specified by this chapter.
(b)
Ground sign. A freestanding sign which is affixed
to the ground by means of a permanent foundation and which provides
a maximum clearance of 18 inches between the bottom edge of the sign
and the adjacent ground level.
(2)
Wall. A sign attached to and erected parallel
to the face of an outside wall of a building, projecting outward no
more than six inches from the wall of the building.
(3)
Arcade sign. A sign suspended beneath a ceiling
of an arcade or a covered pedestrian walkway containing only the name
of a business for the purpose of assisting pedestrian traffic traveling
under the arcade or covered pedestrian walkway to identify the location
of establishments within a shopping center or similar building containing
several businesses.
(4)
Bulletin. A type of changeable copy sign constructed
to allow letters or symbols to be changed periodically, such as those
used by places of worship and schools to announce events.
(5)
Roof sign. A sign erected and maintained upon
or above the roof of any building which projects no more than six
feet above the roof.
(6)
Overhanging. A sign, other than a wall sign
or arcade sign, affixed to a building or wall whose leading edge extends
beyond such building or wall more than six inches, including awnings,
marquees or similar structures used for business identification.
(8)
Changeable copy. A sign that is designed so
that characters, letters or illustrations can be changed or rearranged
without altering the face or surface of the sign.
(9)
Indirectly illuminated. A sign which is lighted
by means of lamps or lighting devices external to, and reflected on,
the sign, which lighting is stationary and constant in intensity and
color at all times and which is shielded so that the illumination
is concentrated on the face of the sign and there is no spillover
of illumination or glare beyond the face of the sign.
(10)
Internally illuminated. A sign which is lighted
by means of lamps or lighting devices internal to the sign, which
lighting is either behind the face of the sign or is an integral part
of the sign structure and the advertising effect.
B.
Types. Signs are categorized by use, function or purpose
into the following types:
(1)
Residential identification. A sign containing
only the name and address of the occupant of the premises.
(2)
Home occupation or home office identification.
A sign containing only the name and address of the occupant of the
premises and his or her occupation. No logos or other advertising
shall be permitted.
(3)
Residential plan identification sign. A permanent
wall or freestanding ground sign containing only the name and address
of a plan of subdivision or a multifamily building or development.
(4)
Real estate. A temporary sign advertising the
sale or rental of premises. The signs may also bear the words "sold,"
"sale pending" or "rented" across their face.
(5)
Development. A temporary sign erected during
the period of construction and/or development of a property by the
contractor and developer or their agent.
(6)
Construction. A temporary sign announcing the
name of contractors, mechanics or artisans engaged in performing work
on the premises.
(7)
Notification. Signs bearing legal and/or property
notices such as "no trespassing," "private property," "no turnaround,"
"safety zone," "no hunting" and similar messages and signs posted
by a governmental agency for traffic control or the safety of the
general public.
(8)
On-premises directional. A sign which directs
and/or instructs vehicular or pedestrian traffic relative to parking
areas, proper exits, loading areas, entrance points and similar information
on the premises on which it is located.
(9)
Off-premises directional sign. A sign, other
than a billboard, which advertises or directs the public to an establishment,
activity, person, product or service which is not sold, produced or
available on the property on which the sign is located.
(10)
Political sign. A temporary sign which indicates
the name, cause or affiliation of anyone seeking public office or
which refers to an issue concerning which a public election is scheduled
to be held.
(11)
Business identification sign. A sign which contains
the name, address and goods, services, facilities or events available
on the premises.
(12)
Temporary special event display. A banner, flag,
pennant or similar display constructed of durable material and affixed
to the wall of a building erected for a period of not exceeding 30
days whose sole purpose is to advertise a special event.
(13)
Memorial/historical plaques. Commemorative plaques
placed by a recognized agency of the Township, county, state or federal
government.
(14)
Window display. A sign or group of signs affixed
to the inside of a display window in a commercial establishment which
advertises a product or service available on the premises or which
announces or promotes a special sale or special event.
The following regulations shall apply to signs
in all zoning districts.
A.
Restricted signs. The following signs shall not be
permitted in any zoning district:
(1)
A-frame or sandwich board signs.
(2)
Portable or wheeled signs.
(3)
Banners and pennants, other than temporary special
event displays authorized by this chapter.
(4)
Inflatable structures of any kind.
(5)
Moving or flashing signs, except for that portion
of a permitted sign which indicates time or temperature.
(6)
Signs on trees, utility poles or official traffic
control devices or signs.
(7)
Signs which imitate traffic control devices.
(8)
Signs painted on chimneys of a building or on
fences or freestanding walls.
(9)
Off-premises directional signs, as defined herein.
(10)
Roof signs.
(11)
Overhanging signs, as defined herein.
(12)
Signs mounted or supported by any vehicles or
temporary structures.
B.
Exempt signs. The following signs shall be permitted
and shall be exempt from these regulations:
(1)
Residential identification signs, as defined
herein;
(2)
Holiday decorations displayed for recognized
federal or state holidays, provided they do not interfere with traffic
safety or do not, in any other way, become a public safety hazard;
(3)
Memorial/historical plaques, as defined herein;
(4)
Window displays, as defined herein, provided
they shall not exceed 20% of the gross surface area of all windows
in an establishment;
(5)
Signs erected by a governmental agency, including
street signs and official traffic signs; and
(6)
Notification Signs, as defined herein.
C.
Lots with multiple street frontage: In all zoning
districts, lots fronting on more than one street shall be permitted
to have one sign which is authorized per lot on each street frontage.
D.
Temporary signs. In all zoning districts where authorized by § 175-162, real estate, construction and development signs shall be considered temporary signs which shall be removed within 30 days of the completion of sales or construction.
E.
Visibility. No sign shall be located in such a position
that it will cause a hazard by obstructing visibility for traffic
on a street or obscuring a traffic signal or other traffic control
device. No sign, other than official traffic signs and off-premises
directional signs, shall hang over or be erected within the right-of-way
of any street.
F.
Illumination. Illumination, when authorized by this
chapter, shall be directed upon the sign face and not towards adjoining
properties or streets. Flashing or oscillating signs shall not be
permitted. The intensity of any source of illumination of any sign,
whether indirect or internal, shall be controlled so as to not create
glare and to be compatible with the intensity of ambient light and
illumination on surrounding properties. Location, lighting, brightness
and changes in the image and/or message depicted on an LED or other
electronic signs shall also be subject to the following standards:
[Amended 4-20-2022 by Ord. No. 136]
(1)
An image and/or message may be changed no more frequently than
two (2) times in a minute [sixty (60) seconds].
(2)
No image or message shall depict any flash or movement in its display, other than as permitted in § 175-161A(5) and in Subsection F(4) below.
(3)
Each image and/or message must be a static display and shall
remain displayed for a minimum period of twenty-five (25) seconds.
(4)
No change in any image and/or message may be instantaneous or
abrupt.
(5)
Any change in an image and/or message must gradually change
either through dissolving of the depicted image/message, or fading
to black, and the "reappearing" of the next image/message by the same
method, which shall occur over a minimum period of five (5) seconds.
Travel, flip or scroll modes or similar transitions and frame effects
shall not be permitted.
(6)
Electronic signs shall be designed and placed so as not to distract
or interfere with operators of motor vehicles or to create glare on
adjacent properties, and so that it is compatible with the intensity
of ambient light and illumination on surrounding properties.
(7)
No electronic sign shall be erected at the intersection of any
streets within the clear site triangle or in such a manner as to obstruct
free and clear vision, or at any location where by reason of its position,
shape or color it may interfere with, obstruct the view of, or be
confused with, any authorized traffic sign, signal or device.
(8)
Glare control shall be achieved primarily through the use of
such means as cutoff fixtures, shields, baffles and appropriate application
of fixture-mounting height, wattage, aiming angle and fixture placement.
Vegetation screens shall not be used as the primary means to control
glare.
(9)
Electronic signs must have an automatic dimmer control to produce
a distinct illumination change from a higher illumination level to
a lower level with the result being the appearance of the electronic
variable-message sign will be no greater than a conventional sign
externally illuminated. No electronic signs shall be erected without
a light detector/photocell or a scheduled dimming by which the sign's
brightness can be dimmed when ambient light conditions darken.
(10)
No electronic sign within one hundred twenty (120) feet of a
residential zoning district may be illuminated between the hours of
12:00 midnight and 5:00 a.m.
(11)
No electronic sign shall be brighter than five thousand (5,000)
nits between sunrise and sunset and two hundred fifty (250) nits between
sunset and sunrise, measured according to recognized industry standards
for brightness measurement.
G.
Maintenance and inspection. All signs must be constructed
of a durable material and maintained in good condition. Any sign found
to be in an unsafe condition upon inspection shall be declared to
be a public nuisance, and the Zoning Officer shall give notice to
the owner in writing to repair or remove the sign within 10 days.
Upon failure of the owner to comply, the Township shall remove the
sign at the owner's expense.
H.
Removal of signs. Whenever any business is discontinued
or vacated, all signs relating to the discontinued or vacated business
shall be removed within 30 days of the vacation or discontinuance
of the business. Upon failure of the owner to comply, the Township
shall remove the sign at the owner's expense.
I.
Permits required. No permit shall be required for the following types of signs as described in § 175-160B above: Real estate, construction and development signs, as defined herein. Permits shall be required for all other signs authorized by §§ 175-162 through 175-164. The Zoning Officer shall issue the required permits upon submission of an application which complies with all applicable provisions of this chapter and payment of the required fee established from time to time by resolution of the Township Supervisors.
J.
Expiration of permits. Any permit issued by the Zoning
Officer for erection, alteration, replacement or relocation of any
sign shall expire automatically within six months of the date of issuance
if work authorized by the permit has not been initiated and diligently
pursued.
K.
Sign location. Except for billboards and political
signs, as defined herein, where authorized by this chapter, all signs
shall be located on the premises which they are intended to serve.
The following signs are authorized in all zoning
districts:
A.
Bulletin sign. One bulletin sign which is nonilluminated
or indirectly or internally illuminated and which does not exceed
24 square feet in surface area, shall be permitted in connection with
any place of worship, school, library or similar public or semipublic
building.
B.
Real estate sign. One nonilluminated temporary real
estate sign shall be permitted on each lot provided the surface area
of the sign shall not exceed six feet in height. The real estate sign
shall not exceed 12 square feet in surface area when located in any
residential zoning district and shall not exceed 32 square feet in
any other zoning district. Such sign shall be removed within 30 days
of the sale or rental of the property on which it is located.
C.
Development sign. One nonilluminated temporary development
sign shall be permitted on each lot, provided the surface area of
the sign shall not exceed 32 square feet in surface area. The development
sign shall not exceed six feet in height when located in any residential
zoning district and shall not exceed 10 feet in height in any other
zoning district. Such sign shall be removed within 30 days of the
sale or rental of the last lot or completion of the proposed construction
in the development.
D.
Construction sign. One nonilluminated temporary construction
sign announcing the names of contractors, mechanics or artisans engaged
in performing work on the premises shall be permitted on a lot, provided
the sign shall not exceed 12 square feet in area and shall be removed
within 30 days of the completion of the work.
E.
Temporary special event sign. One nonilluminated temporary
special event display sign, as defined by this chapter, shall be permitted
to be erected on the face of a public building, place of worship or
building housing a nonprofit organization, provided that the area
of the signs shall not exceed 40 square feet and provided the sign
is displayed for a period no longer than 30 days and is removed within
five days following the event that it is erected to promote.
F.
Home occupation identification sign. One nonilluminated
home occupation identification sign shall be permitted for an approved
home occupation, provided that the surface area of the sign does not
exceed one square foot and the sign shall contain only the name, address
and occupation of the resident and shall not contain any logo or other
advertising.
G.
Political signs.
(1)
Nonilluminated temporary political signs erected during a political campaign shall be permitted, provided that they are not of a type restricted by § 175-161A(1) of this chapter and provided that the surface area of such signs shall not exceed four feet by five feet. The signs shall be erected no sooner than 14 days prior to the election and shall be removed within three days after the election for which they were erected.
(2)
Permits for political signs shall be obtained
by one person from each political party who shall assume responsibility
for all of the political party's signs during any campaign.
(3)
Political signs shall not be erected within
10 feet of the Middlesex Township Municipal Building. Political signs
which create a traffic hazard shall be removed by the Township immediately
and shall be stored for a reasonable period of time at the Township
Municipal Building until the responsible person removes them during
regular business hours.
H.
On-premises directional signs.
(1)
On any lot which contains two or more multifamily
or nonresidential buildings and/or on any lot which provides more
than 100 parking spaces, on-premises directional signs shall be permitted,
provided that the surface area of any one sign shall not exceed four
square feet.
(2)
On lots with areas of less than one acre, a
maximum of four nonilluminated or indirectly illuminated on-premises
directional signs shall be permitted. On lots with areas of one acre
or more, a maximum of six nonilluminated or indirectly illuminated
on-premises directional signs shall be permitted on the first acre.
For each additional acre or fraction thereof over one acre, two additional
on-premises directional signs shall be permitted.
The following signs shall be permitted in all
residential zoning districts:
A.
Residential plan identification sign.
(1)
One nonilluminated or indirectly illuminated
permanent wall or freestanding ground residential plan identification
sign containing only the street address and/or name of a residential
subdivision plan or multifamily building or development which shall
not exceed 24 square feet in area.
(2)
A sign identifying the name of a residential
subdivision may be affixed to a freestanding decorative wall, rather
than to a building wall, provided that the decorative wall meets all
applicable chapter requirements and does not obstruct visibility for
traffic entering or leaving the plan.
B.
Business identification sign. One nonilluminated or
indirectly illuminated wall or freestanding ground identification
sign for any business use, other than a home occupation, which is
a legal nonconforming use or which is authorized as a conditional
use or use by special exception in a residential zoning district which
shall not exceed 12 square feet in area.
The following signs shall be permitted in all
commercial and industrial districts:
A.
Temporary special event display. Temporary special
event displays, as defined by this chapter, shall be permitted, provided
that:
(1)
No more than two signs or banners shall be permitted
on any establishment at any one time;
(2)
The temporary special event display signs shall
be securely attached to the building or to the supporting structure
of a freestanding pole business identification sign;
(3)
Temporary special event display signs shall
be displayed for a period not exceeding 30 days, either consecutively
or cumulatively, in any twelve-month period;
(4)
The aggregate surface area of all temporary
special event display signs shall not exceed 40 square feet per establishment.
In the event that there is more than one establishment on a site,
the maximum aggregate surface area of all temporary special event
display signs on the site at any one time shall not exceed 100 square
feet;
(5)
Portable signs shall not be considered temporary
special event display signs; and
(6)
Temporary special event display signs shall
be nonilluminated.
B.
Changeable copy signs. In addition to the authorized
business identification signs, one nonilluminated or internally illuminated
changeable copy sign shall be permitted per lot, regardless of the
number of businesses on the lot, which shall not exceed thirty-two
(32) square feet in area and which shall be permanently affixed to
the wall of the building, to the supporting structure of an authorized
freestanding sign on the lot, or to the ground.
[Amended 4-20-2022 by Ord. No. 136]
C.
Business identification signs.
(1)
Wall signs. Wall signs shall not exceed thirty-two (32) square feet in area. Neither dimension of such sign shall be less than two (2) feet. Internally and externally illuminated wall signs shall be permitted. If internally illuminated, lighting, brightness and changes in the image and/or message depicted on a wall sign shall be governed by the standards in Article XIV ( Signs), § 175-161F.
[Amended 4-20-2022 by Ord. No. 136]
(2)
Freestanding signs.
[Amended 7-29-2015 by Ord. No. 128; 3-20-2019 by Ord. No. 133; 4-20-2022 by Ord. No. 136]
(a)
Ground sign. A ground sign shall be permitted
only if all of the following criteria are met:
[1]
No freestanding pole sign exists or is proposed
to be erected on the lot.
[2]
The maximum surface area of the ground sign
shall not exceed thirty-two (32) square feet in the TC, Route 228
Corridor Overlay, C-1, C-2 and C-3 Districts, and shall not exceed
sixty four (64) square feet in the I-1 District.
[3]
The height and location of the sign shall be
designed so as not to interfere with visibility for vehicular traffic
entering or leaving the lot or traveling on any street, and in no
case shall the total height exceed six (6) feet measured from existing
grade.
[5]
All freestanding ground signs shall be located
at least ten (10) feet from any property line or right-of-way, except
where property abuts on a public right-of-way, the ground sign shall
be set back at least twenty (20) feet from the right-of-way.
(b)
Pole sign. A pole sign shall be permitted only
if all of the following criteria are met:
[1]
No freestanding ground sign exists or is proposed
to be erected on the lot.
[3]
The maximum height of the top of the pole sign
shall be twenty (20) feet.
[4]
The minimum height of the bottom edge of the
sign shall be eight (8) feet.
[5]
The maximum surface area of the freestanding
pole sign shall not exceed thirty-two (32) square feet if there is
only one business on the lot and shall not exceed sixty-four (64)
square feet if there is more than one business on the lot. Neither
dimension of such sign shall be less than two (2) feet.
[6]
No portion of any sign shall project over any
public right-of-way.
[7]
All freestanding pole signs shall be set back
at least ten (10) feet from every property line, except where property
abuts on a public right-of-way, the sign shall be set back at least
twenty (20) feet from the right-of-way.
[8]
No pole signs shall be permitted in the Town
Center (TC) District.
(3)
Arcade signs. In shopping centers or office
complexes which have pedestrian accessways covered by a roof, marquee
or exterior arcade, one arcade sign, as defined herein, shall be permitted
for each business in the building, provided that the maximum surface
area of each sign shall not exceed eight square feet.
(4)
Permanent minor signs. The following are considered
permanent minor signs and do not require permits, provided the sign
area of each sign does not exceed six square feet.
(a)
Directional signs. A sign conveying instructions
with respect to the use of the premises or a portion of the premises
on which it is located; i.e., internal directional signs for traffic,
parking hours, business hours, reserved parking spaces, etc. Such
signs shall not include advertising copy. An unlimited number of directional
signs may be located within the interior of a lot so long as the sign
copy is not legible from an adjacent public right-of-way or lot line.
Directional signs shall be a maximum of three feet in height.
(b)
Information or public service signs. A sign
advertising availability of rest rooms, telephone, or similar public
conveniences, or a sign advertising the meeting time of nonprofit
service or charitable clubs or organizations, provided that such signs
do not advertise any nonresidential or industrial establishment activity
or organization. Signs shall be a maximum of three feet in height.
(c)
Auxiliary advertising signs. Signs which are
vital to the operation of a business, such as certified auto inspection
stations, recognition of credit cards, issuance of premium stamps,
restaurant associations, etc., may be displayed. Signs shall be a
maximum of three feet in height.
(d)
Nameplate signs or directories. Signs at entrances
to buildings, provided lettering does not exceed five inches in height.
(e)
Automated teller machine signs. Signs mounted
or built into the ATM machine.
[1]
Editor’s Note: Former § 175-165, Billboards, was
repealed 3-20-2019 by Ord. No. 133.
