[Amended 10-21-2008 by Ord. No. 29-2008]
A.
The governing body of the City finds and declares
that the proliferation of signs throughout the community adversely
affects the aesthetic beauty and environmental quality of the City.
The governing body further finds and declares that the proliferation
of signs can adversely affect property values and traffic safety.
B.
The governing body of the City acknowledges the constitutional
right of free speech and recognizes the different constitutional standards
applicable to commercial signs and noncommercial signs. It is the
purpose and intent of this article to regulate the time, place and
manner in which signs may be erected and to provide reasonable standards
for the placement of signs in order to protect the public health,
safety and general welfare of the community.
[Amended 11-15-2021 by Ord. No. 31-2021]
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
A sign which has not identified or advertised a current business,
service, owner, product, or activity for a period of at least 180
days in the case of off-premises signs, or at least 360 days in the
case of on-premises signs.
A sign that designates the street number and/or street name
for identification purposes, as designated by the United States Postal
Service. (Also known as: "nameplate sign.")
A sign depicting action, motion, or light or color changes
through electrical or mechanical means.
A measurement in square feet of the entire surface plane
of the sign, exclusive of the supporting structure.
Any sign painted on, or applied to, an awning.
Any temporary sign applied to fabric, paper, plastic, or
other generally nondurable material, erected above a public right-of-way.
Any off-premises commercial sign erected or maintained for
the purpose of displaying outdoor advertising for products or services.
Any structure, other than an awning, made of fabric, metal,
or other material, that is supported by columns or posts affixed to
the ground and may also be connected to a building.
Any sign that is part of or attached to a canopy.
A sign designed in such a fashion that the message on the
sign can be easily and periodically altered, typically with moveable
individual letters and symbols or by electric or electronic means.
The portion of a sign message made up of internally illuminated
components capable of changing the message periodically. Digital displays
may include but are not limited to LCD, LED, or plasma displays.
A sign that displays general site information, instructions,
directives, or restrictions that are primarily oriented to pedestrians
and motor vehicle operators who have entered a property from a public
street. These signs shall not contain any commercial advertising.
To affix, attach, build, construct, hang, place or suspend.
It also includes the painting of wall signs.
The surface of the sign upon, against or through which the
message is displayed or illuminated on the sign.
A sign whose artificial illumination is not always kept constant
in intensity when in use and which exhibits changes in light, color,
direction, or animation. This definition does not include electronic
message centers signs or digital displays that meet the requirements
set forth herein.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure.
Any sign which has characters, designs, figures, letters,
or outlines artificially illuminated. A sign with electrical equipment
installed for illumination, either internally illuminated through
its sign face by a light source contained inside the sign or externally
illuminated by a light source aimed at its surface.
A wall sign located at telephones, restrooms, windows, doors,
or other public conveniences for informational, as opposed to advertising,
purposes.
A sign that is an air-inflated object, which may be of various
shapes, made of flexible fabric, resting on the ground or structure,
and equipped with a portable blower motor that provides a constant
flow of air into the device.
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign.
Includes repair or replacement without significant change
of any parts or support of any sign, including painting without change
of the design, size, or text of the sign and without removal of the
sign from the wall or structure supporting it.
Any awning or hood of permanent construction projecting from
the wall of a building above an entrance and extending over a thoroughfare,
including signs attached thereto, the supports of which are an integral
part of the original structure, and which is not retractable.
Any sign attached to a marquee for the purpose of identifying
a use or product. If attached to a theater, performing arts center,
cinema, or other similar use, it may also advertise films or productions.
A sign having parts that physically move rather than merely
appear to move as might be found in a digital display. The physical
movement may be activated electronically or by another means but shall
not include wind-activated movement, such as used for banners or flags.
Mechanical movement signs do not include digital signs that have changeable,
programmable displays.
Any sign that presents a written scrolling or flashing message
or picture that changes the message or picture or the color or colors
of the message or picture with a frequency of seven seconds or more.
A type of illuminated, changeable copy sign that consists
of electronically changing alphanumeric text, often used for gas price
display signs and athletic scoreboards.
A freestanding sign generally rectangular in shape, arising
directly from the ground or masonry base without visible posts or
a pylon support.
A freestanding sign used to advertise businesses that occupy
a shopping center or complex with multiple tenants.
A large work of art applied to the walls or ceiling of a
building.
A sign identifying the name of a subdivision of residential
homes, whether single-family or multifamily, attached or detached,
or an apartment complex.
A sign illuminated by a neon tube, or other visible light-emanating
gas tube, that is bent to form letters, symbols, or other graphics.
A sign containing a commercial message which directs attention
to a business, commodity, service, or entertainment conducted, sold,
or offered at a location other than the property on which the sign
is located.
A sign that does not contain a commercial message, which
directs attention to an institution, government or nonprofit corporation
and their policies; or contains a message directed to the general
public for health, safety, and welfare purposes.
A sign, symbol, or device, erected, constructed, or maintained
by the federal, state, county or local government, or any agency thereof,
for the purpose of informing or guiding the public or for the protection
of the public health, safety, and welfare.
Any lightweight fabric, plastic or other material suspended
from a rope, string, or wire, usually in series and designed to move
in the wind, whether or not containing a message of any kind; a gonfalon.
A natural person, association, corporation, firm, limited-liability
corporation, limited partnership, partnership, trust, or other legal
entity.
A sign designed to be transported or moved and not permanently
attached to the ground, a building, or other structure.
Sandwich board sign. A type of freestanding, portable, temporary
sign consisting of two faces connected and hinged at the top and whose
message is targeted to pedestrians. (Also known as "A-frame sign.")
Vehicular sign. A sign affixed to a vehicle in such a manner
that the sign is used primarily as a stationary advertisement for
the business on which the vehicle sits or is otherwise not incidental
to the vehicle's primary purpose.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than 12 inches beyond the surface of
such building or wall.
Any sign installed as a temporary freestanding or affixed-to-a-wall
means of advertising the availability for sale of the premises to
which it is so affixed or installed.
A sign located in a district zoned for residential purposes,
that does not contain any commercial message except for nonresidential
uses permitted or by duly authorized variance within said district.
A building-mounted sign, erected upon, against, or over the
roof of a building.
Includes any device, either freestanding or attached to a
building or structure, which displays any design, emblem, illumination,
insignia, letter, model, name, number, projection, word, or other
representation used for one or more of the following purposes:
To identify the premises or occupant or owner of the premises.
To advertise any business, industry, profession, service, trade,
or other activity.
To rent, use or sell all or any part of the premises where the
sign is displayed.
To direct pedestrian or vehicular traffic, other than state,
county or municipal highway or roadway markers.
To include any announcement, declaration, demonstration, display,
illustration, insignia, or any representation used to advertise or
promote the interest of any person.
In no event shall the word "sign" be construed to mean any sign
located within the interior of any structure, except for such signs
that are visible from the exterior of the structure at a property
line.
A type of nonpermanent sign located on private property,
that can be displayed for no more than 30 consecutive days at one
time.
A sign affixed or painted on a vehicle or trailer and parked
at a location conspicuous to the traveling public for a period more
than 48 continuous hours.
A sign fastened to or painted on the facade of a building
or structure in such a manner that the facade becomes the supporting
structure for, or forms the background surface of, the sign, and which
does not extend more than 12 inches from the supporting facade.
Includes any opening in the exterior wall or roof of any
structure for the purpose of admitting air or light, whether covered
with glass, plastic, or other covering.
Any sign that is applied, painted, or affixed to a window,
or placed inside a window, within three feet of the glass, facing
the outside of the building, and easily seen from the outside. Customary
displays of merchandise or objects and material without lettering
behind a store window are not considered signs.
Includes the aggregate square footage of all windows on any
given side and any given story of any structure, regardless of the
angle or angles at which they are set. In computing window space,
there shall be included all portions of any door which contains a
window.
A.
Except as otherwise provided herein, it shall be unlawful
for any person to alter, erect or relocate any sign within the City
of Millville without first making application for a zoning permit
from the Zoning Officer, or other approving agency designated to issue
permits, and obtaining such permit.
B.
A fee shall be assessed for each zoning permit in
accordance with the provisions set forth in this chapter.
C.
All signs that exceed six square feet in are shall
require a construction permit. Any sign which requires a construction
permit may be subject to the development review procedures set forth
in this chapter, including site plan review.
D.
A permit shall be issued by the Zoning Officer upon
the favorable action of the approving authority, when required, subject
to any other applicable governmental regulations.
E.
A permit for the replacement of an existing sign may
be issued by the Zoning Officer without the necessity of approval
by the approving authority only upon satisfaction of all of the following
conditions:
F.
A permit
for the placement of a banner for a period of no longer than 20 days
may be issued by the Zoning Officer. The fee for each banner is $25.
[Added 8-3-2010 by Ord. No. 14-2010]
A.
The zoning permit application required by this article
shall be made in writing and filed with the Zoning Officer on forms
prescribed by his office. The application shall be sufficient to describe
the premises and location where the sign is to be erected and shall
include the following information:
(1)
The name and address and telephone number of the applicant.
(2)
The name and address and telephone number of the owner
of the premises.
(3)
A statement as to whether the owner has consented
to the application if the applicant is other than the owner.
(4)
A rendering, to scale, of the sign reflecting its
composition, colors, dimensions, elevation from grade level and lighting.
(5)
Specifications and location of all existing signs.
Scaled photographs may be submitted in lieu of this information.
(6)
In the case of freestanding signs, the sight distances
in relation to driveways on the premises where the sign is to be located,
adjacent premises and intersecting streets within 200 feet of the
proposed sign(s).
(7)
The method by which the sign shall be secured.
B.
The Zoning Officer shall review the application and
plans submitted and shall within 10 business days of receipt of the
application:
C.
In the case of signs which are to be erected in connection
with a proposed development requiring subdivision or site plan review,
the proposed signs shall be reviewed as part of the subdivision or
site plan application. Appropriate details of any proposed signs shall
be submitted along with other required subdivision or site plan information.
D.
Sign permit invalidation. Any of the following shall
cause a zoning permit issued for a sign to be invalidated:
E.
Effect of invalidation. For a period of not more than
three months, a sign may continue to be displayed once its permit
has become invalid, provided the property is being actively marketed
for a new owner or tenant. In any other instance, the sign shall be
removed within 10 days of the permit invalidation. Internally illuminated
box signs shall be considered to meet the requirement for removal
if the message is turned to face the interior of the box. At no time
shall the lighting elements of the sign box be visible to passersby.
F.
Abandonment. If a sign advertises a business, service,
commodity, accommodation, attraction or other enterprise or activity
that is no longer operating or being offered or conducted for a period
of time greater than six months, that sign shall be considered abandoned
and shall, within 30 days after such abandonment, be completely removed
by the sign owner, owner of the property where the sign is located
or other party having control over such sign. In this context, a seasonal
business such as a farm stand shall be considered operational even
though closed for a period not to exceed nine months.
[Amended 8-3-2010 by Ord. No. 14-2010; 11-15-2021 by Ord. No. 31-2021]
Except as otherwise provided herein, all signs shall be designed,
erected, and maintained in accordance with the following provisions
and standards:
A.
Freestanding signs shall comply with the following:
(1)
Freestanding signs shall advertise only the permitted use, products
or services located on the premises where they are erected.
(2)
No freestanding sign shall exceed an area of 24 square feet, except
as otherwise provided herein.
(3)
No freestanding sign shall exceed a height of 20 feet, except as
otherwise provided herein.
(4)
Freestanding signs shall be set back a minimum of 10 feet from the
street right-of-way line and 10 feet from any other property line.
(5)
Only one freestanding sign shall be permitted for any single development
or lot, except as otherwise provided herein.
B.
Wall-mounted signs shall comply with the following:
(1)
Wall signs shall advertise only the permitted use, products or services
located on the premises where they are erected.
(2)
No wall sign identifying an establishment shall be permitted to project
forward more than six inches from the building nor be attached to
a wall at a height of less than eight feet above the ground or sidewalk.
C.
All signs, with the exception of temporary banner signs, shall conform
to the standards of the Uniform Construction Code. All signs shall
be permanently fixed to the ground or attached to a building or structure.
The frames and support structures for all signs shall be constructed
of durable materials, such as concrete, metal, stone, or wood.
D.
Official sign imitation. No sign shall be erected that is of such
character, form, shape, or color that it imitates or resembles any
official traffic sign, signal, or device, or that has any characteristics
which are likely to confuse or dangerously distract the attention
of the operator of a motor vehicle.
E.
Awnings and canopies. Fixed or permanent awnings or canopies used
as sign supports shall not project more than three feet from the building
nor be wider than 25 feet or the width of the building, whichever
is less. No awning or canopy shall be less than nine feet above the
ground elevation. No awning or canopy shall extend more than four
feet in height from its lowest point.
F.
Computation of area and height of signs.
(1)
The area of a single-faced sign shall be computed by drawing a square
or rectangle that will encompass the extreme limits of the display,
emblem, representation, or writing, together with the sign frame and
any material or color forming an integral part of the background of
the display used to differentiate the sign from the backdrop or structure
against which it is placed.
(2)
The area of a sign with more than one face shall be computed by adding
together the area of all signs faces visible from any one point. When
two identical sign faces are placed back-to-back so that both faces
cannot be viewed from any one point at the same time, the area of
the sign shall be computed by the measurement of one of the faces.
(3)
The height of a sign shall be computed as the distance from the base
of the sign at grade to the top of the highest attached component
of the sign.
G.
Relief and sign face distance. No sign shall contain characters or
graphics exceeding three inches in relief from the sign face. The
maximum distance between the faces of a double-faced sign shall not
exceed 18 inches. No wall sign shall project more than 12 inches from
the plane of the attaching surface.
H.
Illumination.
(1)
No sign shall be illuminated except as provided herein.
(2)
No sign shall be externally illuminated by neon.
(3)
Externally lit signs are permitted to be illuminated only with steady,
stationary, down-directed and shielded light sources directed only
onto the sign. Monument signs may have ground-mounted lighting.
(4)
Signs may be internally illuminated by neon gas filled tubes.
(5)
No sign shall be artificially illuminated after 10:00 p.m. or before
7:00 a.m. unless the premises are occupied and attended, except in
the business and industrial zoning districts of the City.
(6)
Nonflashing illuminated tubing in white light may be used to outline
the front facade of the structure.
I.
Maintenance. All signs shall be always maintained in good condition.
Signs shall be kept clean, neatly painted, and free from all hazards,
such as loose fittings and faulty wiring. In the event that the Zoning
Officer of the municipality determines that any sign has fallen into
a state of disrepair, has become dilapidated or constitutes a safety
hazard, the sign owner and property owner shall be given written notice
to correct the condition within 20 days from the date of the mailing
of the notice. The Zoning Officer may be assisted by the Construction
Code Official, who may make an independent investigation under the
provisions of the Uniform Construction Code. Failure to correct the
condition or file an appeal within the time provided shall constitute
a violation of this article. The City of Millville shall have the
right to recover from said owner the full costs of the removal and
disposal of such signs should the owner fail to heed such correction
notice. Signs shall conform to the requirements of the Uniform Construction
Code and any other Property Maintenance Code of the municipality.
J.
Number of signs. For the purpose of determining the number of signs,
a sign shall be a single display device or surface when the elements
are composed, organized, or related to form a unit. Where the components
are displayed in a random manner without organized elements or where
there is a reasonable doubt about the relationship of the elements,
each element shall be a separate sign.
K.
Sight triangles. No sign shall be erected within the clear sight
triangle area as otherwise established in this article, unless the
topmost portion of such sign is less than 2 1/2 feet (30 inches)
high. In no case shall any sign be so erected that it impedes the
vision of motorists or pedestrians, or otherwise endangers their safety.
L.
Any use shall be permitted to display a sign required by law to be
exhibited by federal, state, or local law in accordance with standards
set forth in that law.
M.
Temporary signs/banners. Banners shall not be hung for a period longer
than 20 days and only after the issuance of a permit by the Zoning
Officer.
The following signs shall be permitted without
a permit or the payment of a fee as set forth in this chapter:
A.
A temporary freestanding bulletin board sign not exceeding
16 square feet in area and six feet in height utilized for charitable,
public or religious institutions when located within the property
lines of the institution.
B.
Flags of the United States, State of New Jersey or
other governmental agency, subject to reasonable restrictions on the
location and size of the flag.
C.
Official signs and signs legally required for public
notice.
D.
Incidental signs not to exceed 11 inches by 17 inches
or normal poster size and shall be limited to four per building.
[Amended 8-3-2010 by Ord. No. 14-2010]
E.
Memorial signs, tablets or names on a building, date
of erection and historical markers when cut into any masonry surface
or when constructed of bronze or other durable metal or materials
not exceeding eight square feet in area.
F.
Parking lot signs not exceeding four square feet in
area erected to control the movement of traffic on the parking lot
shall be permitted, provided the signs direct traffic only and are
not used for advertising purposes. Signs marking individual use of
parking spaces, excepting handicapped parking signs, shall conform
to the size limitations of incidental signs.
G.
Professional nameplates not exceeding two square feet
in area identifying the person and profession when located within
the property lines of the professional premises.
H.
Residential nameplates not exceeding two square feet
in area identifying a single-family residence and street address when
located within the property lines of the residential premises.
I.
Residential signs not exceeding four square feet in
area and, if freestanding, no more than four feet in height.
J.
Signs not exceeding four square feet in area prohibiting
fishing, hunting or trespassing shall be permitted on the property
where the prohibitions are desired.
K.
Signs on vending machines.
L.
Window signs, provided that all of the signs individually
or collectively do not exceed 33% of each window panel across the
frontage of the building.
[Amended 8-3-2010 by Ord. No. 14-2010]
M.
Any sign internal to a building not visible to passersby.
N.
Noncommercial holiday lights and decorations.
Signs are permitted within the various zoning
districts within the City based on the uses which are permitted within
each zoning district. They are regulated under a time, place and manner
standard. The following signs shall be permitted upon the issuance
of a sign permit:
A.
Animal kennels, banks, funeral homes, indoor commercial
recreation facilities, swimming pool retail centers and theaters:
(1)
Except where the use is located within a residential
zoning district or one of the land conservation zoning districts,
each use may have one freestanding or monument sign identifying the
use on the premises where there exists at least 250 feet of unbroken
frontage on an arterial street or collector road as classified in
the City Circulation Plan. The freestanding sign shall not exceed
60 square feet in area and 16 feet in height. A monument sign shall
not exceed 32 square feet and eight feet in height, including the
monument base. A freestanding sign shall be set back from the street
right-of-way and from driveways at least 30 feet and shall not be
located closer than 100 feet from any residential zoning district
or residential property line. A monument sign shall be set back from
the street right-of-way and from driveways at least 15 feet. The signs
may not be located within 100 feet of a residential district.
(2)
Each use may have one sign identifying the use attached
flat against the front of the building not exceeding an area equivalent
to 5% of the front of the building or 100 square feet in area, whichever
is smaller. Where the use is located in a building on property having
frontage on more than one street, one additional sign identifying
the use may be attached flat against the building for each side of
the building fronting on a street not classified as a minor street
in the City Circulation Plan. The sign shall not exceed 5% of the
building facade where it is to be attached or 100 square feet in area,
whichever is smaller. Where the building is designed for rear or side
entrances, one nonilluminated sign may be attached flat against the
building at the rear and side entrances, and the sign shall not exceed
an area equivalent to half that of the sign on the front of the building.
B.
Apartment, multifamily dwelling complexes and trailer
parks.
(1)
Each development having in excess of five dwelling
units may have one sign identifying the development located along
any roadway where there exists at least 200 feet of unbroken road
frontage. The sign shall not exceed 40 square feet in area and six
feet in height. It shall be set back from the street right-of-way
and edge of intersecting driveways at least 20 feet, unless the sign
is located within a landscaped median, and shall not be located closer
than 50 feet from any adjoining property line.
C.
Automobile repair garages and service stations.
(1)
Each use shall be permitted one freestanding sign
not exceeding 60 square feet in area and 20 feet in height. It shall
be set back from the street right-of-way at least 15 feet and shall
not be located closer than 100 feet to any residential property line.
If a residential district is across the street from the intended sign
location, a sign shall be permitted. One additional freestanding sign
shall be permitted when the property is a corner lot, provided that
the lot frontage associated with the sign is a minimum of 250 lineal
feet. Such signs shall be permitted changeable copy.
(2)
Each use shall be permitted one wall sign attached
flat against the building not exceeding an area equal to two square
feet per lineal foot of building frontage to which it is attached.
(3)
In addition to the above permitted signs, the use
may have wall signs identifying automotive services to be performed
within one or more repair bays attached flat against the building
and directly above the portion of the building where the service will
be performed. Each sign shall not exceed six square feet in area and
shall not be illuminated.
(4)
Within a B-4 Business District, gasoline service stations
may display not more than two temporary signs advertising fuel price,
tire sales or other product sales or service. The temporary signs
shall not exceed 10 square feet in area and shall not be located closer
than 10 feet from any curbline or property line.
(5)
Changeable copy price signs not to exceed one square
foot for each grade of motor fuel sold shall be permitted on each
fuel pump. Incidental signs shall be permitted on pumps and canopy
supports in addition to incidental building signs as may be permitted.
D.
Automobile dealers, boat yards, farm equipment vendors,
truck dealers, construction equipment, heavy equipment vendors, recreational
vehicle or equipment dealers, trucking terminals and similar uses.
(1)
Each use may have one freestanding sign for every
200 feet of unbroken frontage on a roadway with a maximum of three
signs per site. Each sign shall not exceed 100 square feet in area
and 20 feet in height. Each sign shall be set back from the street
right-of-way at least 15 feet and from driveways at least 20 feet
and shall not be located closer than 50 feet to any adjoining property
line.
(2)
In addition to the freestanding signs, the following
attached signs are permitted. One sign attached flat against the front
of the building used for a sales office or showroom not exceeding
an area equivalent to 5% of the front facade of the building or 100
square feet, whichever is smaller.
(3)
For duly franchised new vehicle or equipment dealers, in lieu of a single sign as permitted in Subsection D(2) herein, one wall sign for business identification purposes, not to exceed 80 square feet in area, plus one wall sign for each brand of vehicle or equipment sold, not to exceed 40 square feet in area, or a total of three such signs.
(4)
One attached sign shall be permitted for each accessory
use which identifies the accessory use such as a garage, office or
service area. Each sign shall not exceed 20 square feet in area and
shall be located directly above or in close proximity to the entrance
of the accessory use or structure.
(5)
Temporary signs advertising special sales, including
balloons, banners, streamers, or other inflated signs or searchlights
displayed for the purpose of attracting the attention of pedestrians
and motorists; all such signs shall not be used for a period of greater
than 20 days.
E.
Business offices, convenience stores, eating and drinking
establishments, professional offices, small retail goods and services
establishments and similar uses.
(1)
Each use may have one wall sign identifying the use
attached flat against the front of the building not exceeding an area
equivalent to 5% of the front facade of the building or 40 square
feet, whichever is smaller, except if the building exceeds 20,000
gross square feet, a sign not exceeding 80 square feet shall be permitted.
(2)
Where the building is designed for rear or side entrances,
one nonilluminated wall sign may be attached flat against the building
at the rear and side entrance not exceeding an area equivalent to
half the surface area of the sign on the front of the building.
(3)
Where the front facade of the building is more than
40 feet from the street line, and the building has 100 feet of road
frontage, one freestanding sign or one monument sign may be utilized.
The signs are not to exceed 32 square feet. The freestanding sign
may not exceed 10 feet in height and the monument sign may not exceed
eight feet in height. The signs must be set back at least 10 feet
from the public right-of-way and 30 feet from any driveway or property
line. The signs must meet the traffic sight triangle requirements
and cannot impede the view of motorists.
F.
Churches, hospitals, public utilities, and schools.
(1)
One freestanding sign shall be permitted identifying
the use. The sign shall not exceed 20 square feet in area and 10 feet
in height. It shall be set back at least 25 feet from the street right-of-way
and shall not be closer than 25 feet from any adjoining property line.
(2)
One additional sign shall be permitted attached to
the building. The sign shall not exceed 20 square feet in area.
G.
Construction companies, industrial assembly, fabricating,
manufacturing and processing plants, laboratories, metalworking enterprises,
warehouses, wholesale distribution centers and similar uses.
(1)
Each use shall be permitted one freestanding sign
identifying the use. The sign shall not exceed 90 square feet in area
and 17 feet in height. It shall be set back from the street right-of-way
and driveways at least 30 feet and shall not be located closer than
100 feet from any adjoining property line.
(2)
In lieu of the freestanding sign, each use shall be
permitted one sign identifying the use attached to the front of the
building. The area of the sign shall not exceed 5% of the front of
the building or 200 square feet, whichever is smaller.
(3)
If the use is located on property having 200 feet
of frontage on more than one arterial street or collector road, each
frontage shall be permitted one attached sign or one freestanding
sign as outlined above.
H.
Department stores, discount stores, furniture stores,
garden centers, hardware stores, lumberyards, major appliance stores,
supermarkets and variety stores.
(1)
Except where the use is located within a residential
zoning district or land conservation zoning district, each use may
have one freestanding sign identifying the use on the premises where
there exists at least 250 feet of unbroken frontage on an arterial
street or collector road as classified in the City Circulation Plan.
The sign shall not exceed 90 square feet in area and 17 feet in height.
The sign shall be set back from the street right-of-way and from driveways
at least 30 feet and shall not be located closer than 100 feet from
any residential zoning district or residential property line.
(2)
Each use may have one illuminated or nonilluminated
wall sign identifying the use attached flat against the front of the
building not exceeding an area equivalent to 10% of the front of the
building or 200 square feet, whichever is smaller. Where the use is
located in a building on property having frontage on more than one
street, one additional sign identifying the use may be attached flat
against the building for each side of the building fronting on a street
not classified as a minor street in the City Circulation Plan. The
sign shall not exceed 10% of the building facade where it is attached
or 200 square feet, whichever is smaller. Where the building is designed
for rear or side entrances, one nonilluminated sign may be attached
flat against the building at the rear and side entrances, and the
sign shall not exceed an area equivalent to half that of the sign
on the front of the building.
(3)
Each use may have one electronic message board, provided
the following requirements are met:
(a)
If mounted on the exterior wall it is to be
used as an accessory to the primary freestanding or wall sign. It
shall not exceed either in width and shall not exceed 10 square feet.
It shall be mounted under the main freestanding or wall sign.
(b)
If mounted as a window sign, it may not exceed
five square feet.
(c)
If mounted in a shopping center, a letter of
permission from the owner of the property must accompany the application.
(4)
No electronic message boards are permitted in the
Arts District Overlay Zone or in residential areas.
I.
Arts Overlay District. Notwithstanding other provisions
to the contrary, signs requiring a permit for uses contained within
the Arts Overlay District shall conform to the following:
(1)
Design guidelines and standards. In this section,
guidelines are overall principles to be used in the design of signs.
Standards are to be followed in the placement and design of signs
unless specifically waived by the approving authority.
(a)
Design guidelines.
[1]
Signs should strengthen the architectural diversity
of the City's buildings.
[2]
Signs should be appropriate for the era in which
the building was constructed.
[3]
Signs should not alter the way in which a building
functions.
[4]
Signs should be integrated with a building's
architecture in terms of form, materials and size.
[5]
Designers should strive for creativity in the
form and variety of signage within the size limitations set forth
herein.
[6]
Designers should include symbols, images and
other objects to convey the type of establishment using the sign.
[7]
The typeface used to represent words should
convey the character of the establishment and the era of the building.
The contrast of a sign's lettering and symbols with its background
should be high to convey legibility.
[8]
Relief in the sign face is encouraged to create
three-dimensionality.
[9]
Illumination shall be accomplished through external
floodlights only, which shall be trained in a downward direction on
the sign face. Pursuant to these regulations, internal illumination
is not permitted in the Arts District Overlay Zone.
[Amended 8-3-2010 by Ord. No. 14-2010]
(b)
Design standards.
[1]
Wall sign locations. For single-story buildings
the wall sign should be located on the parapet wall above the storefront
or on an awning or canopy and below the capstone. For buildings of
two stories or more the sign should be located on the facade above
the storefront but below the window sills of the second floor. If
there are cornices or beltlines separating the first and second stories,
the wall sign should be placed below such horizontal architectural
elements.
[2]
Projecting sign locations. Projecting signs
for first-floor establishments should be just below the second-floor
windows. Projecting signs for establishments on the second floor or
higher should be located above the second-story windows.
[3]
Sign complexity. Facade and freestanding signs
oriented towards motorists should convey no more than seven items
of information. More complex signage should be limited to projecting
signs oriented towards pedestrians.
(c)
Sign materials. Sign materials should relate
to the architectural era of the building. Where modern buildings are
designed to evoke an earlier era, signage should reflect that age.
Sign materials.
[1]
Pre-World War I: painted or carved smooth-surfaced
wood; carved stone; cast brass; tinned and forged metal; and gold-leafed
lettering.
[2]
World War I to 1940: any of the above, plus
individual wood or metal letters on building facade.
[3]
1940 to 1970: any of the above, plus neon signs.
[4]
1970 to present: any of the above and sandblasted
wooden or resin signs.
[5]
Internally lit neon signs are permitted in post-1940
buildings in the Arts District.
[6]
Neon open tubing signs are permitted in all
buildings.
(2)
Freestanding signs. No use shall be permitted a freestanding
identification sign unless the main building facade is more than 30
feet from the right-of-way line. Where allowed, no more than one freestanding
sign per street frontage shall be permitted; it shall be no larger
than 12 square feet and no more than six feet in height and set back
three feet from the right-of-way line.
(3)
Wall signs. Each first-floor use may have one externally
illuminated or nonilluminated wall sign identifying the use, attached
flat against the front of the building, not exceeding an area equal
to one square foot for each lineal front foot of the building or 60
square feet, whichever is smaller. Where the use is located in a building
on property having frontage on more than one street, one additional
sign identifying the use may be attached flat against the building
for each side of the building fronting on a street. Establishments
with entrances accessible from a rear yard public parking area may
have an additional wall sign not to exceed six square feet in area.
[Amended 8-3-2010 by Ord. No. 14-2010]
(a)
In lieu of a wall sign, a permanent window sign shall be permitted,
provided it does not exceed 10% of the total storefront glass area
on the first floor and 50% of any one window.
(b)
Individual letters, symbols, or characters used singularly or in
combination to identify a business or building shall be considered
wall signs and must conform to the size requirements herein.
(c)
In the case of buildings with multiple tenants or multiple uses,
each individual business storefront will be required to meet the size
requirements for wall signs based upon the size in square feet of
their individual frontage in proportion to the entire building.
(4)
Projecting signs. Projecting signs shall be located
above second-story windows and shall not in any way impede access
to the primary entryway for any business. One projecting sign per
building may be erected facing each street frontage. However, whenever
a building has more than one projecting sign, no more than one wall
sign identifying the main establishment shall be permitted. The permitted
sign area shall be limited to 3% of the total facade area or a maximum
of 16 square feet, whichever is less.
[Amended 8-3-2010 by Ord. No. 14-2010]
(5)
Changeable copy. Changeable copy signs shall be permitted
for institutional uses, establishments booking live performances and
for service stations selling motor fuel. Such signs shall not exceed
12 square feet in area and shall be integrated with permanent-copy
freestanding or wall signs as otherwise permitted.
(6)
Where commercial establishments are located on a floor
other than the first floor, one directory sign shall be permitted,
attached to the facade at a main entrance, rear entrance or stair
access to upper floors.
(7)
Restaurants or other eating establishments may erect
the following additional signs: one additional wall sign for the placement
of a menu or other bill of fare, provided the sign does not exceed
six square feet in area. Businesses located on side streets of the
Arts District shall be permitted to place an A-frame sign at the nearest
intersection directing pedestrians to their location as long as the
sign does not interfere with pedestrian or vehicular traffic.
[Amended 8-3-2010 by Ord. No. 14-2010]
(8)
Awning signs. One awning sign in lieu of a projecting
sign shall be permitted. The awning sign shall adhere to the size
limitations for projecting signs.
(9)
Banners and gonfalons erected by the municipal government
or a designated agent of the municipal government shall be permitted
for a period not to exceed 20 days.
[Amended 8-3-2010 by Ord. No. 14-2010]
(10)
The following signs are specifically not permitted
in the Arts District Overlay Zone:
[Amended 8-3-2010 by Ord. No. 14-2010]
(a)
Internally illuminated signs, with the exception
of I(1)(c) above.
(b)
Internally illuminated awnings.
(c)
Off-premises signs, except as otherwise authorized
in these regulations.
(d)
Banners, flags or signs blocking access to the primary ingress or
egress of a business or building.
(e)
Any sign which by reason of its location will obstruct the view of
any authorized traffic sign, traffic signal or other traffic control
device, or which by reason of its color, position or shape could be
confused with or interferes with any traffic sign, signal or control
device.
(f)
Any sign attached to the following infrastructure or structure is
expressly prohibited: bridge, curb, fence, fire hydrant, park bench,
public building, public property, streetlight, tree, and utility pole.
(11)
Murals shall be permitted on the front, sides
or rear of buildings within the Arts Overlay District. The Millville
Development Corporation shall promulgate and enforce rules governing
the development of murals in the downtown.
(12)
Portable A-frame signs for retail establishments. All retail establishments
shall be permitted to have a portable A-frame sign provided they conform
to the following conditions:
(a)
The sign may be displayed only during business hours on the business
property.
(b)
Each side of the sign may not exceed six square feet.
(c)
The location of the sign shall not interfere with pedestrian or vehicular
traffic.
(d)
The sign must be removed from the sidewalk at the close of the business
day.
(e)
For special events and third Fridays, businesses may place portable
A-frame signs off the business property to direct people to their
actual location. In such cases A-frame signs are limited to one per
business and must be placed at the intersection closest to their location
and not interfere with pedestrian or vehicular traffic.
(13)
Strolling billboard signs shall be permitted without a permit but
are limited to one per business.
[Added 8-3-2010 by Ord. No. 14-2010]
J.
Golf courses, private clubs, lodges and similar uses.
(1)
One freestanding sign identifying the use is permitted.
It shall not exceed 12 square feet in area and 10 feet in height.
It shall be set back at least 25 feet from the street right-of-way
and from adjoining property lines.
(2)
Additionally, one sign identifying the use is permitted,
attached to the principal building. It shall not exceed 30 square
feet in area.
K.
Hotels and motels, multioffice complexes and professional
office centers.
(1)
Each use may have one sign identifying the use, either
attached to the building or freestanding, not exceeding an area equivalent
to 5% of the first floor portion of the front facade or 150 square
feet in area, whichever is smaller.
(2)
Where an individual office unit has direct access
from the outside, a sign identifying the use, attached to the building
at the office entrance, not exceeding six square feet in area, is
permitted.
L.
Industrial parks.
(1)
Each park may have one freestanding sign identifying
the park located adjacent to an arterial street or collector road
where the park has at least 150 feet of unbroken frontage. The sign
shall not exceed 150 square feet in area and 25 feet in height. It
shall be set back from the street right-of-way and driveways at least
50 feet and shall not be located closer than 150 feet from any adjoining
property line.
M.
Shopping centers.
(1)
Each center or grouping of uses may have freestanding
signs erected to identify the shopping center or permitted use and
list individual occupants, provided that no more than one sign shall
be erected for each 500 feet of unbroken frontage on a street, and
further provided that the aggregate area of all sides of any signs
shall not exceed 200 square feet plus one square foot for each 1,500
square feet of gross floor area in the principal building or buildings
in excess of 20,000 square feet. The signs shall not exceed the height
of the principal building. The signs shall be set back from the street
right-of-way and driveways at least 50 feet and shall not be located
closer than 100 feet from any adjoining property line and 200 feet
from a residential zoning district.
(2)
In addition to the freestanding signs permitted above,
each center may have the following attached signs. One illuminated
identification sign shall be permitted, attached to the building fronting
on a street. The sign shall not exceed an area equivalent to one square
foot per lineal foot of frontage on the individual use or 100 square
feet in area, whichever is smaller. The signs shall not extend above
the roofline of the building where they are attached.
(3)
In areas having common walkways roofed over with a
permanent rigid canopy, there may be one nonilluminated sign for each
business, attached in a perpendicular fashion from the underside of
the canopy and not exceeding four square feet in area on either of
two sides.
(4)
Each use may have one nonilluminated directory sign
for each principal entrance for all business occupants. The signs
shall be attached flat against the facade of the building and shall
not exceed four square feet in area.
(5)
Additionally, each use may have one identification
sign on each window and awning, provided that the signs do not exceed
four square feet in area.
(6)
All signs in a shopping center shall conform in character
to all other signs in the center and shall blend with the overall
architectural scheme of the shopping center.
N.
Whenever it is proposed to erect a sign for a use
permitted under this chapter which use does not generally approximate
a use set forth in this section for sign standards, one attached or
freestanding sign shall be permitted. An attached sign shall not exceed
5% of the front of the building upon which it is attached or 100 square
feet in area, whichever is smaller. A freestanding sign shall not
exceed 90 square feet in area and 17 feet in height. The sign may
be illuminated or nonilluminated. Additional signs not conforming
with the area requirements for the use shall be permitted only after
review and approval by the Planning Board.
O.
Traffic control signs. Freestanding signs may be erected
in connection with a permitted use which are necessary to regulate
the movement of traffic on the interior roadways on the premises,
provided that the location and number of the signs are reviewed and
approved by the Planning Board. The signs shall not exceed four square
feet in area and shall not exceed six feet in height.
P.
Banners in zoning districts other than residential
districts. No person shall erect or install a banner within a nonresidential
zoning district without securing a zoning permit from the Zoning Officer.
The location for all banners must be approved by the Zoning Officer
and the time period for use shall not exceed 20 days.
[Amended 8-3-2010 by Ord. No. 14-2010]
Any sign not permitted by the sign regulations
herein is hereby prohibited, with the following signs specifically
prohibited:
A.
No sign shall be placed on benches, bridges, culverts,
curbs, fences, hydrants, lamps, rocks, sidewalks, street signs, traffic
signs, stumps, trees or utility poles.
B.
No sign shall be placed on public property within
the City, including property owned or leased by the City of Millville,
County of Cumberland, State of New Jersey or Millville Board of Education,
or their agencies, unless specifically authorized by the governmental
entity and the primary purpose of the sign is to further a legitimate
governmental interest and public interest. Examples of permitted signs
on public property include highway directional signs providing motorists
with information concerning the location of gasoline, food and lodging.
This section shall not apply to athletic fields where commercial signs
are used to provide funding for nonprofit organizations.
C.
No sign shall be located so as to obstruct driver
vision, traffic signals or traffic control or directional signs.
D.
No sign shall be located so as to obstruct doors,
fire escapes, other places of business, other lawful signs or ventilation
openings.
E.
No sign shall be erected containing information not
protected by the First Amendment of the United States Constitution,
such as signs that promote an illegal activity, provide false advertising
or any sign which, when applying contemporary community standards,
has a dominant theme or purpose which appeals to prurient interests
or is obscene in nature.
F.
No sign shall be located so as to obstruct the free
flow of pedestrian traffic on any sidewalk.
G.
No sign shall be located in a planting strip between
the sidewalk and the curbline, except for official signs.
H.
No sign shall extend from the facade of a building
more than 12 inches, unless it is an awning or projecting sign as
otherwise permitted in this article.
I.
No sign shall be attached or affixed to the roof of
a building and no wall sign shall project above the lowest level of
a roof or beyond the corner of a wall.
J.
Vehicle signs.
K.
Portable signs, except as may be permitted in the
Arts Overlay District.
L.
Temporary signs, except as may otherwise be permitted
in this article.
M.
No sign shall be installed which emits smoke, visible
vapors or particles, sound or odor, or any sign that emits electromagnetic
radiation outside the wavelengths of visible light which is measurable
beyond the property boundary, and signs causing interference with
radio or television reception.
N.
Banners in residential areas.
O.
Flashing signs.
A.
It is the purpose and intent of this section that
all nonconforming signs shall be eliminated as soon as legally possible.
B.
Any signs existing at the time of the adoption of
this chapter and which violate any provisions contained herein shall
be deemed a nonconforming use and may be continued, maintained and
repaired upon the premises or location, provided that such sign was
lawful under any prior ordinance. Any sign unlawful under any prior
ordinance shall remain unlawful unless it complies with the provisions
of this chapter and there is issued by the Zoning Officer a sign erection
permit.
C.
Any nonconforming sign which is associated with a
change in occupancy or ownership shall necessitate an application
to the Zoning Officer or other approving authority designated to issue
a sign permit.
D.
When a business or use has ceased operation, any nonconforming
sign located on the premises shall be removed forthwith.
E.
Any sign which has been damaged to the extent that
the cost of repairs shall exceed 50% of the current value of the sign
shall be deemed as destroyed, and the owner thereof shall not be permitted
to erect or restore the sign except in accordance with this chapter.
A.
No commercial sign shall be erected on residential
property unless the sign is related to a use permitted within a residential
zoning district. Examples of commercial signs permitted in a residential
zoning district include real estate "for sale" signs and casual sale
signs like "garage sale." These signs are regulated under a time,
place and manner standard. Noncommercial signs are also regulated
under a time, place and manner standard.
B.
Casual sale signs not exceeding four square feet in area shall be permitted on private property when a casual sale is legally licensed under Chapter 33 of this Code, provided the signs are set back at least 10 feet from the curbline and the signs are removed within 48 hours after the casual sale is completed. A casual sign shall only be permitted in lieu of a residential sign.
C.
Contractor signs not exceeding six square feet in
area shall be permitted on private property when placed upon a work
site under construction, provided the signs are set back at least
10 feet from the curbline and the signs are removed within 48 hours
after the work is completed.
D.
Developer signs not exceeding 40 square feet in area
advertising a major site plan development or major subdivision that
has received final approval from the Planning Board shall be permitted,
provided the signs are set back at least 25 feet from the street right-of-way
and adjoining property lines and the signs are removed within 48 hours
after construction is completed.
E.
Noncommercial signs not exceeding six square feet
in area which promote an event sponsored by a person shall be permitted
on private property in all zoning districts within the City, provided
the signs are set back at least 10 feet from the curbline and the
signs are removed within 48 hours after the event is over.
F.
Political signs not exceeding six square feet in area
which identify a candidate running for public office shall be permitted
on private property in all zoning districts within the City, provided
the signs are set back at least 10 feet from the curbline and the
signs are removed within 48 hours after the election is over.
G.
Real estate signs shall be permitted on private property
which advertises the sale or rental of the premises where the signs
are located, provided the signs are set back at least 10 feet from
the curbline and the signs are removed within 48 hours after the sale
or rental is completed.
(1)
Only one sign per street frontage shall be permitted.
The maximum size of the sign shall be in accordance with the following
schedule:
[Amended 8-3-2010 by Ord. No. 14-2010]
(2)
Off-premises directional real estate signs identifying
an open house shall also be permitted. Signs may be two-sided and
may not exceed three square feet per side. Signs may be installed
only with the written permission of the property owner(s). Signs may
be installed for a period of time up to 24 hours preceding the open
house and must be removed the same day.
H.
Roadside stands shall be permitted one sign, attached
to the roadside stand, not exceeding 12 square feet in area, which
advertises the products sold. The sign shall be removed during the
season when the products are not offered for sale.
I.
Temporary signs advertising special sales may be used
at a rate of one per 200 feet of road frontage. Such signs must be
set back from the public right-of-way at least six feet and must be
removed at the end of each business day. Such signs may be used for
no more than seven consecutive days. No temporary signs shall be permitted
in a regional shopping center without the written permission of the
owner. Temporary signs are not permitted in residential zones or in
the Arts District Overlay Zone.
J.
Political signs shall be considered temporary signs.
They shall not be placed earlier than 60 days before the election.
They must be set back six feet from the public right-of-way and shall
not exceed six square feet. All political signs require the permission
of the owner and must be removed within 48 hours of the date of the
election.
A.
The Zoning Officer shall exercise control and supervision
over all regulations contained in this article. Any applicant for
a permit may be denied a permit, and any permit issued may be suspended
or revoked by the Zoning Officer for any of the following causes:
B.
The applicant or permittee may appeal the decision
of the Zoning Officer in accordance with N.J.S.A. 40:55D-70a.
A.
The Zoning Officer may enforce the regulations contained in this article by filing a complaint with the Municipal Court. Any person who shall violate any portion of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code of the City of Millville. It shall constitute a violation of this chapter for each and every day that a sign with an expired permit is displayed in contravention of this article.
B.
If the Zoning Officer determines that a sign has been
erected or maintained in violation of this chapter, he or she shall
mail a written notice of violation to the owner and occupant of the
land where the sign is located to the last known address by regular
and certified mail. The notice of violation shall provide that the
person responsible shall have 10 days to repair or remove the sign.
C.
If the sign is not repaired or removed or an appeal
filed within the 10 days, the Zoning Officer shall revoke the permit
issued for the sign and, if feasible, repair or remove the sign, at
the City's expense, and assess all costs and expenses incurred in
the repair or removal of the sign against the land and buildings where
the sign is located. The assessment shall be made by resolution of
the governing body and shall include all costs and expenses incurred,
including legal fees to cover the cost of preparing the resolution.
