The purpose and intent of this article is to encourage the orderly
and effective use of signs as a means of communication, and in accordance
with the Borough's Master Plan to maintain and enhance the Borough's
aesthetic environment and ability to attract economic development,
to enhance the Borough's historic character and streetscape, to minimize
the possible adverse effects of signs and to enable the fair and consistent
enforcement of sign regulations.
As used in this article, the following terms shall have the
meanings indicated:
A sign located on, and/or related to, the use of a property
which is vacant and unoccupied for a period of 180 days or more; any
sign which was erected for or by an occupant or business unrelated
to the present occupant or business; or any sign which related to
a time, event or purpose which is past.
A sheet of canvas or light fabric supported by a frame, used
chiefly to protect against the elements, commonly located in front
of a business, extending from the top of an entrance or window.
A canopy like structure that is canvas or metal covered frame
and installed permanently over windows or doors to protect against
the elements.
A roof-like cover, open to the elements on four sides, which
is used to protect outdoor equipment, such as motor fuel pumps.
Any sign wording, logo, figure, symbol, color, illumination,
fixture, projection or other representation that, directly or indirectly,
names, advertises or calls attention to a business product, service
or other commercial activity.
The total area of a facade, including walls, windows, doors,
and fixtures below the top of the parapet of a building with a flat
roof, the cornice line of a building with a ganibrel gable or hip
roof, or the upper slope line of a building with a mansard roof, that
faces a public street, pedestrian walkway or parking lot.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also any light with one or more beams that rotate or move
or that creates an illusion of such rotation or movement.
A group of three or more commercial establishments planned,
constructed and managed as a total entity and which includes customer
and employee parking on the same site, provision for the delivery
of goods separated from customer access, and a unified architectural
treatment of the building or buildings.
Any object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, logos,
colors, illumination or projection of images.
The surface display area of a sign determined by a computation as otherwise provided for in this article, § 29-1-4.
Any sign which changes physical position by any movement
or rotation or which gives the visual impression of such movement
or rotation.
A sign which may or may not contain a message, constructed
of cloth, canvas, plastic or other flexible material typically suspended
or hung by cord, string or rope from a structure. Banner sign includes
signs commonly known as "grand opening" signs.
A sign attached to or otherwise painted or displayed on a
bench located in any public park, playground or in or adjacent to
public right of way.
A sign that is mounted or painted on or attached to a canopy
that is otherwise permitted by the Borough Zoning Ordinance.
A sign that is designed so that the message on the sign can
be easily and periodically altered, provided, however, that the message
on the sign does not change more than once a day.
Signs limited to directional messages and that do not contain
a commercial message, principally for directing pedestrian and vehicular
traffic, such as "ONE WAY," "ENTRANCE," and "EXIT."
A sign that lists the tenants in a multi-use building or
indicates the location of buildings and uses in a business or industrial
complex.
A sign fastened to or painted on the facade of a building
or structure in such manner that the facade becomes the supporting
structure for or forms the background surface of the sign. Such signs
shall not project more than eight inches from the face of the building.
Any sign supported by permanent structures or supports that
are placed on, or anchored into the ground and that are independent
from any building or other structure.
An informational sign that has a purpose secondary to the
use of the lot on which it is located, such as "No Parking," "Loading
Zone," "Telephone" or "Rest Room" or similar information such as hours
of operation. No sign that contains a commercial message legible from
any property line of said lot shall be considered "incidental."
A sign that is used for identification and information purposes
by schools, colleges, houses of worship, hospitals, or other institutions
of a similar public or semi- public nature.
A permanent canopy, projecting over an entrance to a building,
that extends all the way to the curb line of an adjacent street or
driveway.
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 temporary sign that relates to a particular election for
public office, referendum or other plebiscite at the federal, state
or local level.
Any sign not permanently attached to the ground or other
permanent structure; or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to "A" or "T" frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless such vehicles are used in the normal day-to-day
operation of the business.
A sign that is mounted perpendicular to the facade of a building
and is constructed of wood or wood-like material and contains the
same text on both sides of the sign.
A sign pertaining to the sale or lease of a property or portion
thereof, on which the sign is located.
A sign located in a district zoned for residential purposes
that does not contain any commercial message except for goods or services
legally offered on the premises on which the sign is located.
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building's roof for support and which projects
above the parapet of a building with a flat roof, the cornice line
of a building with a gambrel, gable or hip roof, or the upper slope
line of a building with a mansard roof.
A sign or portion thereof whose sole Purpose is the indication
of the time and/or temperature.
A sign affixed or painted on a vehicle or trailer and parked
at a specific location for a period in excess of 96 hours.
A sign that is applied or attached to the interior or exterior
of a window.
[Ord. No. 2018-05]
A.
Accessory Uses. Permitted signs shall be allowed as accessory uses
in all zoning districts, provided that all permitted signs in the
Borough of Hightstown conform to the provisions of this article and
any other ordinance or regulation of the municipality or the state
or federal government relating to the erection, alteration or maintenance
of signs. In the event of conflicting regulations, the most restrictive
shall apply.
B.
Sign Permit. A permit shall be required for the installation and erection of all signs, unless exempted from such requirements under § 29-1-6 of this article. Notwithstanding any other provision to the contrary, grand-opening signs shall require a fee of $25 for a sign permit. All other sign permit fees shall be in accordance with §§ 12-2-5 and 29-1-22 of the Borough Code. Sign permits issued for portable signs, as defined in this article, shall be renewed yearly and may, after notice and hearing, be denied or revoked based on the permit holders' compliance with applicable Sign Ordinance requirements, or findings made pursuant to this article.
C.
Unsafe Signs. Whenever, in the opinion of the construction official,
any sign becomes unsafe or endangers the safety of a building or premises
or endangers the public safety, the construction official shall send
a (certified mail, return receipt requested and regular mail) letter
to the owner of the sign or the owner or tenant of the premises on
which the sign is located, ordering that the sign be made safe or
removed within five days of receipt of the letter. If the permittee
fails to remove, alter or repair it within 30 days after the notice,
the sign may be removed, altered or repaired by the Borough in order
to comply by the construction official at the expense of the permittee
or owner of the property upon which it is located. The building inspector
may cause any sign or sign structure to be removed summarily and without
written notice if it is an immediate peril to persons or property
by virtue of its construction or moorings.
D.
Rights-of-Way. No sign other than approved traffic control or similar
official governmental signs shall be erected within or project over
the right-of-way of any public street or sidewalk, except as hereinafter
provided.
E.
Imitation of Official Signs. 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 cause or dangerously distract the attention of
the operator of a motor vehicle on a public street.
F.
Sight Triangles. No sign shall be erected at the intersection of any streets improved for vehicular traffic within the triangular area formed by the right-of-way lines and a line connecting them at points 30 feet from their intersection, unless the topmost portion of said sign is less than 2 1/2 feet high. In no case shall any sign be so erected that it impedes the vision of motorists or pedestrians or otherwise endangers their safety. In the event of any conflict between the provisions of this Subsection F and § 28-10-8 of the Borough Code, the provisions of § 28-10-8 shall control.
G.
Prohibited Placement. No sign shall be placed on any tree, telephone,
electric light or public utility pole or upon rocks or other natural
features.
H.
Permitted Uses. No sign shall be erected containing a message that
states or implies that a property may be used for any purpose not
permitted in the zoning district in which said sign is located.
I.
Public Property. Any sign installed or placed on public property,
except in conformance with the requirements of this article, shall
be forfeited to the public and subject to confiscation. In addition
to other remedies that may be imposed under this article, the Borough
shall have the right to recover from the owner or person placing such
sign the full costs of removal and disposal of such sign.
J.
Illumination. Signs exempt from permits in accordance with § 29-1-6 of this article shall not be illuminated, unless otherwise permitted under this article. Any other sign may be illuminated unless otherwise prohibited.
K.
Sign Luminance. No sign shall exhibit a luminance exceeding 12.54
lumens per square foot (135 candelas per square meter) measured at
right angles and 60 feet distant therefrom the face of the illuminated
sign.
For the purposes of this article, "sign area" shall mean the
smallest area, whether opened or closed, and expressed in square feet,
of all displayed writing, symbols, logos, letters, figures, emblems
and/or other representations, plus all material and/or color forming
an integral part of the sign, and/or used to differentiate the sign
from the background against which it is placed, provided that:
A.
In the event that a sign is designed with more than one face, the
area shall be computed by including only the maximum surface display
area visible from any one point, provided that the message is the
same on each face.
B.
The supports, uprights or other structure on which any sign is attached
shall not be included in the calculation of sign area unless such
structure is designed in such a manner as to form an integral part
of the sign or conveys meaning.
C.
The area of lamp or other artificial illumination visible on a sign
shall be counted as part of the total allowable sign area.
D.
Ratio. The ratio of width to length of the rectangle enclosing a
sign shall be no greater than one to 1:10.
[Ord. No. 2010-06; Ord. No. 2018-22]
Any sign that is not permitted by the provisions of this article
is hereby prohibited, with the following signs specifically prohibited:
A.
A flashing, blinking, twinkling, animated, moving or projected sign
of any type or a sign that presents the illusion of movement, with
the exception of time-and-temperature displays and barber poles as
otherwise permitted or signs which emit smoke, noise or visible vapor.
B.
Banners, pennants, streamers, spinners or similar devices constructed
of cloth, light fabric, cardboard, plastic, vinyl, or other like material,
and lights and searchlights, displayed for the purpose of attracting
the attention of pedestrians or motorists, except as permitted for
special events not to exceed four times per year for a maximum two-week
period and not exceeding 16 square feet.
C.
Any sign so erected, constructed or maintained as to obstruct any
fire escape, window, door or other opening used as a means of ingress
and egress.
D.
Any portable or bench sign, or signs that emit smoke, vapor or noise,
except as permitted in Article 29-17.
E.
Any sign which, when applying contemporary community standards, has
a dominant theme or purpose which is obscene or offensive.
F.
Off-premises signs.
G.
Signs using red, green, blue or amber illumination in a beam, beacon
or flashing form resembling an emergency light or traffic signal.
H.
Neon signs.
I.
Signs attached to the exterior glass of a building.
J.
Permanent marquees extending over the sidewalk beyond the street
line.
K.
Signs posted or painted on posts, utility poles, tanks, towers, smokestacks,
trees, rocks or any natural feature of the environment.
L.
Signs posted on Borough property except where specifically authorized
by the Borough.
M.
Signs installed or painted on sidewalks, curbs and benches, except
as permitted in Article 29-18.
N.
Signs on abutments, retaining walls and embankments.
O.
Murals and signs painted on buildings. Signs painted directly on
buildings or which obstruct any windows, except those painted as a
Cultural Arts Commission project and specifically authorized by the
Borough of Hightstown Borough Council.
P.
Roof signs.
Q.
Signs which constitute a hazard to pedestrian or the traveling public
by obstructing access, obstructing driving vision or by obstructing
regulatory or directional signs or signals, or which may confuse or
distract the attention of the operator of a motor vehicle, or otherwise
constitute a safety hazard.
R.
Pylon signs, except as permitted herein.
S.
All outside lighted signs operating after 1:00 a.m. with the exception
of signs in the commercial zones. Lighted signs are those signs for
which the source of light is internal.
T.
Illuminated signs where the source of light is directly visible from
adjoining properties or streets. Illuminated signs are signs that
are lighted by an external source.
U.
All temporary signs, except as set forth herein.
V.
Any sign using the term "going out of business sale" or terms substantially
similar to "going out of business sale" which does not coincide with
the permitted time frames for such sales, as set forth in N.J.S.A.
56:8-2.8, whether or not a permit for such sign may have been issued
pursuant to this article.
X.
Signs advertising an apartment or house for rent for any property in the Borough of Hightstown for which a Rental Certificate of Compliance has not been issued by the Housing Inspector, in accord with § 13-8-1 of this Code.
Y.
Signs advertising the rental of any room, apartment or house, unless
the sign is located on the property that is being advertised, and
the owner of the property has taken all necessary steps to make sure
that such advertising is otherwise in accord with the provisions of
this Code.
[Ord. No. 2010-03; Ord. No. 2015-19]
The following signs are exempt from the need to obtain permits:
A.
Holiday Decorations. Decorations for a designated holiday, provided
that they do not create a traffic safety or fire hazard, and provided
that such decorations are not installed more than 45 days prior to
the holiday and are removed within 30 days after the holiday. Such
signs may be illuminated.
B.
Official Governmental Signs, Including Banners. Such signs may be
illuminated.
C.
Political Signs. The maximum area for any one sign shall be 16 square
feet, with a total area of 32 square feet permitted for each lot or
unit. Such signs may not be erected more than 60 days prior to the
day of the election, referendum or other plebiscite; and shall be
removed within 14 days after such election, referendum or other plebiscite.
D.
Markers. Non-illuminated building markers that may contain only the
building name, date of construction or historical date, provided that
such marker does not exceed six square feet and is made of cut or
etched masonry, bronze or similar durable material.
E.
Change in the copy of a changeable copy sign, once a permit for that
sign has been issued.
F.
Yard, Tag or Garage Sales. Such signs shall not exceed four square
feet; shall not be erected more than 48 hours prior to such sale;
shall include the address and date of the sale; and shall be removed
immediately after the sale. No premises shall be permitted to erect
such signs more than four times in any calendar year. No yard or garage
sale shall take place for more than two consecutive days, and sales
taking place on consecutive days shall be treated as a single sales
event. One off premise sign shall be permitted to be placed in the
Borough's right-of-way. In the event the resident of the property
in front of which the sign is placed objects to its placement, the
sign shall be removed by the person placing the sign or by property
owner.
G.
Real Estate and Contracting. Temporary real estate signs and signs
of contractors, mechanics, painters, paperhangers and/or artisans,
on the lot on which the real estate for rent or sale is located or
the lot on which the contracting work is being performed. Said signs
shall not be larger than six square feet or more than four feet high.
They shall be removed within 24 hours of the completion of the sale
or rental of the premises or completion of the work to which the sign
relates. Real estate open house signs may not be put in place prior
to 10:00 a.m. on each day of the open house, and must be removed the
same day as the close of the event. Real estate signs shall be allowed
off-premises. Contractor signs shall only be allowed on premises.
H.
Hunting and Trespassing. Signs that relate to the control of hunting
or trespassing on property, provided that they do not exceed two square
feet in area and are not spaced closer than 50 feet to each other.
I.
Emergency. Emergency warning signs erected by a governmental agency,
public utility, pipeline company or contractor doing such work authorized
or permitted by such agency, utility or company. Such signs may be
illuminated.
J.
Public Notice. Any public notice required by a valid and applicable
federal, state or local law, regulation or ordinance.
K.
Interior Signs. Any sign within a building, not attached to a window
or door; an interior sign may be attached to the inside of a door,
provided the door is not left in an open position in such a manner
that the sign becomes visible from the exterior of the building.
L.
Art. Works of art that do not contain a commercial message. Art may
be illuminated.
M.
Traffic Control. Traffic control devices on private property, such
as "stop," "yield" and other signs, provided that the face of the
sign meets the standards of the New Jersey Department of Transportation
for such signs and which do not contain a commercial message of any
type, and provided that their location has been approved by the Planning
Board.
N.
Flags. Flags of the United States, the states, county, or municipality
and foreign nations and any other flag adopted or sanctioned by an
elected legislative body of competent jurisdiction, provided that
such flag shall not exceed 60 square feet in area and shall not be
flown from a pole that exceeds 40 feet in height. Other flags shall
be considered freestanding signs and shall be governed by such regulations
that may apply in the applicable zoning district in which such flag
is located. Flags may be illuminated, and residential decorative theme
flags may not exceed 12 square feet.
O.
Name and Address. Name and address signs attached to facade of a
building or on a mailbox, provided that the size of the sign does
not exceed one square foot.
P.
Incidental. Incidental signs, provided that they do not exceed two
square feet in area.
Q.
Residential. Residential freestanding signs, provided that the size
of the sign does not exceed four square feet in area or three feet
in height and shall be set back a minimum of 15 feet from a curb line
or edge of cartway.
R.
Project Development. Project development signs, where final approval
of a site plan or subdivision has been granted by a board of competent
jurisdiction and which indicate the name of the development, developer,
financier or major contractor, provided that no more than one sign
per street frontage is erected and the sign area does not exceed 32
square feet or eight feet in height. All such signs shall be removed
within 14 days of the issuance of a conditional certificate of occupancy
that permits the occupation of a building in the case of a nonresidential
development or when 75% of the dwelling units in a residential development
have been issued certificates of occupancy.
S.
Window. Window signs pursuant to Article 29-14.
T.
Special event signs on lands under the jurisdiction of the Board
of Recreation Commissioners as defined in § 2-31-5 of the
Borough Code. Such signs shall require the prior written approval
of the Board of Recreation Commissioners and must conform to the relevant
provisions of this article. Approved signs shall not be erected for
more than two weeks and shall not exceed 16 square feet. All signs
shall be removed within 24 hours of the conclusion of the event.
Canopy signs, where permitted, shall comply with the provisions
of this article, including the following additional requirements:
A.
Canopy signs are only permitted in conjunction with gasoline service
stations and similar commercial uses where the canopy is required
to provide cover and protection for outdoor equipment and service
areas.
B.
No more than one canopy sign shall be allowed per canopy fascia,
and no more than two such signs per canopy shall be permitted.
C.
No part of the canopy sign shall be less than 12 feet or more than
17 feet above ground level.
D.
The area of a canopy sign shall not exceed 50% of the area of the
canopy fascia or 40 square feet, whichever is less.
E.
A canopy sign and a freestanding sign shall not be used on the same
premises.
[Ord. No. 2018-05]
Changeable copy signs, where permitted, shall comply with the
provisions of this article, including the following additional requirements:
A.
The purpose of a changeable copy sign is to apprise the public of
special events, attractions, or similar time-related information.
Changeable copy shall not be used to advertise merchandise or special
sales events, provided, however, that the prices of motor fuel may
be displayed on a changeable copy sign on the premises where such
motor fuel is sold.
B.
All such signs shall be permanently affixed to the ground or to a
structure.
C.
Copy shall be changed electronically or by means of moveable lettering,
which is more than 1/8 inch in thickness and shall not be changed
more than once every 24 hours. Changeable copy signs that are changed
more frequently shall be considered animated signs and are not permitted.
D.
Changeable copy may not be located in any residential zoning district,
excepting institutional uses.
E.
Changeable copy signs may be either freestanding signs or canopy
signs and shall conform to the height limitations of such signs.
F.
No more than one freestanding changeable copy sign shall be permitted
per street frontage.
G.
The changeable portion of the sign shall be limited to three lines
of wording or, in the case of a cinema with more than one theater,
two line per theater.
H.
The sign area of a changeable copy sign shall be included in the
total permissible sign area for freestanding or canopy signs, as the
case may be, excepting institutional uses. Changeable copy signs for
institutional uses shall not exceed 12 square feet in area.
I.
No portion of the lighting source for changeable copy signs shall
be visible to the public traveling upon a public way.
Directional signs, where permitted, shall comply with the provisions
of this article including the following additional requirements:
A.
Directional signs that are freestanding shall not exceed 2 1/2
feet in height and may be located at the street line, provided that
such signs do not obscure the vision of motorists.
B.
Directional signs shall not exceed three square feet in area.
C.
Directional signs shall contain no commercial message.
D.
Directional signs shall be required at public streets where one-way
driveways intersect. This applies to commercial properties only.
Directory signs, where permitted, shall comply with the provisions
of this article including the following additional requirements:
A.
The sign shall be located within the site or complex so as to allow
motorists to leave the flow of traffic and safely read the directory
or shall be placed at the main entrance to a building.
B.
The sign may contain a map or floor plan diagram as the case may
be, indicating the location of the buildings or offices listed on
the directory.
C.
Any such sign shall not exceed 12 square feet in sign area.
D.
No more than one sign per entrance driveway, street intersection
or main entrance to a building shall be permitted.
E.
A freestanding directory sign shall not exceed five feet in height.
Freestanding signs, except for directional signs, shall comply
with the provisions of this article including the following additional
requirements:
A.
Freestanding signs shall be permitted only in the front yard.
B.
No freestanding sign shall be erected closer to the curb line or
edge of paving than five feet to a street line, whichever is more,
except as otherwise provided herein.
C.
With the exception of directory and directional signs, no freestanding
sign shall be erected closer than 80 feet to another freestanding
sign.
D.
A freestanding sign shall not be used on the same premises as a canopy
sign.
E.
No more than one sign per lot shall be permitted.
[Ord. No. 2016-04]
Grand-opening signs shall comply with the provisions of this
article including the following additional requirements:
A.
Grand-opening signs shall be permitted for periods of time not to
exceed 30 days. The signs are to only note the initial opening of
a business or a change in the ownership of the premises on which the
sign is located. A grand opening of another establishment in the same
chain of stores or under the same ownership shall not be grounds for
permission to install grand-opening signs for existing businesses.
B.
Grand-opening signs may be facade signs, freestanding signs, banners
or red, white and blue bunting.
C.
Grand-opening signs shall not exceed the total sign area permitted
on the premises for permanent signs. Such signs shall be permitted
in addition to any permanent signage allowed. For the purposes of
this subsection, the total sign area of banners shall not exceed that
for facade signs.
D.
Coming soon signs shall be permitted for periods of time not to exceed
30 days. The signs are to only note the business that will be opening
and the anticipated opening date. A coming soon sign of another establishment
in the same chain of stores or under the same ownership shall not
be grounds for permission to install coming soon signs for existing
businesses.
E.
Coming soon signs may be window signs attached to the interior of
the window. The sign lettering should be professionally painted or
applied. "Loose" hand painted or stenciled painted letters are not
acceptable. The sign must have a professional appearance.
F.
Coming soon signs will be limited to half the size of the window
it is being displayed in.
Time and temperature signs shall be permitted in any district
in which commercial uses are permitted, provided that they do not
encompass more than 20% of the allowable sign area for the type of
sign upon which they are placed. Time-and-temperature signs shall
be permitted in addition to any other allowable signage for the property.
The time-and-temperature displays may interchange at 5-10 second intervals
and the time calibration display may not be in increments of shorter
than one minute.
The total area of all window signs, unless further restricted
by district regulations, shall not exceed 10% of the glass area of
the window in which placed.
A.
All window lettering and signs shall be inside the window.
B.
Permanent or temporary window lettering or signs shall be permitted
only if the rectangle or circle confirming such lettering or sign,
or the background upon which it appears, does not exceed 10% of the
premise window area in the aggregate. Any painted area of any window
shall be construed as window lettering signs, whether or not such
area actually contains lettering or advertising.
C.
Displays in windows representing a product or service offered, other
than displays of merchandise itself, are considered as window signs
and subject to the limitations in this article if they are closer
than 12 inches to the window.
[Ord. No. 2016-10]
A.
Projecting signs shall contain only the name and type of business
and logo. The sign shall project the image of the business.
B.
The sign shall be located so it does not block or obscure important
architectural elements of the facade, with the best location being
either of the front corners of the structure or above the entrance.
The sign shall be located at the top of the first floor level or between
the first floor and second floor. The bottom of the sign shall be
at least seven feet above the ground.
C.
One projecting sign may be erected per floor level for each street
frontage.
D.
A projecting sign is not allowed if there is a portable sign.
E.
The Bracket shall be Black Wrought Iron. The bracket is to be securely
mounted to the building. Graphics on a decorative bracket will be
included in calculating the sign area. The bracket is to be removed
if there is no sign hanging from the bracket and all of the mounting
holes must be filled in to match the surrounding facade.
F.
The sign material shall be solid wood, metal, composite material
or acrylic fiber fabric. The sign shall have a finished, professional
appearance.
G.
The projecting sign shall be divided into two categories:
(1)
Standard Projecting Sign Shall be limited to seven square feet
and shall project no more than four feet from the side of the building
in the HC zone and no more than three feet in the DTC Downtown Core
or registered businesses in the DTG Downtown Gateway and Residential
Zone.
(2)
Creative Projecting Sign.
(a)
The sign area for text, messages, and logo shall be limited
to seven square feet.
(b)
The total overall size of the Creative Projecting Sign shall
be a maximum of 10 square feet. The extra three square feet may be
used to create a sign with visual appeal. Creative visual appeal shall
include one or more of the following:
(c)
The sign shall project no more than four feet from the side
of the building in HC zone and no more than three feet in the DTC
Downtown Core or registered businesses in the DTG Downtown Gateway
and Residential zone.
H.
The sign must be properly maintained at all times. Any sign that
is weathered, faded, peeling, cracking or otherwise deteriorated must
be replaced.
I.
Internal lighting of the projecting sign is not permitted.
J.
All projecting signs must be approved in advance by the Zoning Officer.
In all residential zones the following signs shall be permitted:
A.
Signs for residential and institutional uses.
(1)
One freestanding residential sign shall be permitted per lot.
Sign area not to exceed two square feet.
(2)
One freestanding sign identifying a multifamily housing development,
shall be permitted on each street frontage that provides direct access
to the property, provided that such sign does not exceed a total sign
area along any one street of 12 square feet.
In the DTG Downtown Gateway, the following signs only shall
be permitted:
A.
Freestanding Sign. One freestanding sign may be erected on each street
frontage that contains a minimum of 50 feet of frontage and with direct
vehicular access from that street. The maximum permitted sign area
shall be 12 square feet per sign and the height of the sign shall
not exceed four feet.
B.
Facade Sign. One facade sign per building shall be permitted, provided
that the sign area shall not exceed six square feet, nor project more
than eight inches from the building or structure.
[Ord. No. 2016-10]
Signs can enhance the image and appearance of Hightstown. In
the above zones, the following signs only shall be permitted:
A.
Facade Sign. One facade sign may be erected facing each street frontage
with direct vehicular access from that street. The sign area shall
not exceed 10% of the total facade area, including window and door
area, or 40 square feet per sign, whichever is less. Sign must be
applied directly to the facade and not project more than eight inches.
B.
Freestanding Sign. One freestanding sign may be erected on each street
frontage that contains a minimum of 100 feet of frontage and with
direct vehicular access from that street. The maximum permitted sign
area shall be 40 square feet per sign and the height of the sign shall
not exceed 30 feet.
C.
Window signs not to exceed 10% of the total glass area and installed
on the inside of the window. Lettering shall be limited to three colors.
J.
A Frame Signs.
(1)
One A Frame sign may be displayed per floor level for each street
frontage.
(2)
An A Frame sign is not allowed if there is a projecting sign.
(3)
An A Frame sign shall be permitted in the H-C and DTC Downtown
Core zones only.
(4)
The sign shall be professionally manufactured with a finish
appearance. No paper, fiberboard, foam core board, corrugated paper
or unfinished wood materials shall be permitted. A finished sign is
required on both sides of the A frame sign.
(5)
'Slide in letters' are not permitted.
(6)
Highly reflective materials are not allowed.
(7)
The sign may not be illuminated.
(8)
The sign may only be displayed during hours of operation and
shall be removed promptly upon closing each day.
(9)
The sign is also subject to Article 29-3B and Article 29-22.
(10)
An Indemnification Agreement shall be executed between the permit
holder and the Borough and an Insurance Certificate provided in an
amount of $1,000,000 which shall name the Borough as additional insured.
(11)
The total size of the A Frame sign shall be a maximum of nine
square feet. The sign area for the text or message is limited to six
square feet, three feet in height and two feet in width. The remaining
three square feet may be used to create a sign with visual appeal.
The creative use of color, typeface, message or the shape or outline
of the sign shall be used to attract attention. Creative visual appeal
shall include one or more of the following:
(12)
Plain, simple a frame signs will not meet the creativity requirement.
(13)
Plastic signs are not allowed.
(14)
The sign can only be located in the area designated by the Zoning
Officer.
(15)
The A Frame sign must maintain a four feet clear passageway
and not cause a hazard to pedestrians or people exiting parked cars.
A clear and safe passageway around the sign is required. The sidewalk
must be a minimum of six feet in width.
(16)
The A frame sign must be properly weighted so that it does not
create a hazard to pedestrians or vehicles due to strong winds.
(17)
The A frame sign must be properly maintained at all times. Any
sign that is weathered, faded, peeling, cracking or otherwise deteriorated
must be replaced.
(18)
Any A frame signs that are a safety issue or do not meet the
requirements of this article may be subject to removal by the code
enforcement office.
(19)
All A frame signs must be approved in advance by the Zoning
Officer.
In the Shopping Center/Office Zones, the following signs only
shall be permitted:
A.
Signs on property not part of a shopping center development.
(1)
Single use of a property.
(a)
One freestanding sign may be erected on each street frontage
that contains a minimum of 150 feet of frontage and with direct vehicular
access from that street. The maximum permitted sign area shall be
40 square feet per sign and the height of the sign shall not exceed
15 feet.
(b)
One facade sign may be erected facing each street frontage with
direct vehicular access from that street. The sign area shall not
exceed 10% of the total facade area, including window and door area,
or 40 square feet per sign, whichever is less.
(2)
More than one use on a property.
(a)
One freestanding sign may be erected on each street frontage
that contains a minimum of 150 feet of frontage and with direct vehicular
access from that street, The maximum permitted sign area shall be
40 square feet per sign and shall not exceed 15 feet in height. Any
such freestanding sign shall contain a single message identifying
only the development, location, common name, professional use, address
or other common element.
(b)
One facade sign shall be permitted for each separate commercial
establishment with direct access to the outside. The sign area shall
not exceed 10% of the total facade area, including window and door
area, or 12 square feet, whichever is less. In the event that the
front entrance of a commercial establishment is oriented towards a
pedestrian walkway or mall, a sign conforming to the provisions of
this subsection shall be permitted on the facade facing such walkway
or mall.
B.
Signs in Shopping Center Developments.
(1)
One freestanding sign with a single message shall be permitted
for each public street frontage that provides direct vehicular access
to a shopping center development that identifies the development,
developer, owner or operator but not the tenants of such development.
The maximum permitted sign area shall be 100 square feet per sign.
(2)
No freestanding sign shall be located closer than 150 feet to
another freestanding sign.
(3)
A freestanding sign shall not exceed 15 feet in height.
(4)
One facade sign shall be permitted for each separate commercial
establishment for each public street frontage with direct vehicular
access to the development. The sign area shall not exceed 10% of the
total facade area, including window and door area, or 40 square feet,
whichever is less. In the event that the front entrance of a commercial
establishment is oriented towards a pedestrian walkway or mall, a
sign conforming to the provisions of this subsection shall be permitted
on the facade.
(5)
Facade signs in shopping centers shall be developed with a common
graphic design, including color, size, shape and lettering.
A.
All legally existing signs erected prior to the enactment of this article or subsequent amendments that are not in conformity with the provisions thereof shall be deemed nonconforming signs. Nonconforming signs may continue, provided that such signs comply with the maintenance standards of § 29-1-3C, and are not prohibited by Subsection C of this section.
B.
Any change in or replacement of a nonconforming sign, or a conforming sign installed prior to the enactment of this article meeting the criteria of § 29-1-3 et seq., shall be made in strict compliance with the provisions of this article.
C.
Portable or temporary signs, banner signs, including but not limited
to plastic, paper, vinyl and cloth, and nonconforming window signs
of temporary material are not exempted from the provisions of this
article but shall be subject to an amnesty period of 120 days following
the date of adoption of this article, after which compliance with
this article shall be mandatory.
No person shall maintain or permit to be maintained on any premises
owned or controlled by that person a sign that has been abandoned.
Any such sign shall be removed by the owner or person controlling
the property within 30 days of the date of abandonment as herein defined.
Any sign identifying an abandoned use or building shall itself be
considered to be abandoned. The failure to keep a nonconforming sign
painted or in good repair for a period of six months shall constitute
abandonment, and such sign may not be reused and must be removed.
No sign shall be erected, altered moved or changed in material
without issuance of a sign permit. The following procedures shall
apply to the issuance of all sign permits:
A.
Application shall be made to the Zoning Officer on forms provided
by the Zoning Officer and the required fee paid to the Borough Treasurer
or other such person(s) designated by the Borough Administrator. Any
fee for an electrical inspection shall be in addition to the fee for
the sign permit. Application shall be made on the forms provided by
the Borough.
B.
The application shall be accompanied by an accurate plot plan of
the lot, scaled not greater than one inch equals 10 feet or less than
one inch equals 50 feet, that indicates the location of buildings,
parking lots, driveways, landscaped areas and other pertinent data.
On the plot plan shall be drawn the location of each existing or proposed
sign. A color photograph, not less than three by five inches or larger
than eight by 10 inches, shall be submitted for each sign presently
existing on the site. A drawing to scale of each proposed sign, including
the dimensions, colors, materials, method of attachment, lighting
and intensity and landscaping shall be submitted.
C.
The Zoning Officer shall review the application for compliance with the provisions of this article and Chapter 28, including the completeness of the application, and shall issue or deny the permit within 10 days of receipt of a complete application. In the event of an approval, the applicant shall notify the Zoning Officer for a final inspection, as soon as the sign has been completed. In the event of a denial, the Zoning Officer shall provide the applicant with a written explanation of the reasons for the denial. Appeals shall be made to the Planning Board.
D.
Sign Permit Expiration. Any of the following shall invalidate a sign
permit and require a new permit, or require a nonconforming sign to
conform to the provisions of this article applicable to new signs:
(1)
The removal of an existing sign from the premises. The replacement
of a sign panel or the repainting of a sign to reflect a change in
an establishment or business shall constitute removal.
(2)
An alteration in the structure of a sign support.
(3)
A change in the material of the sign, for example, from wood
to plastic.
E.
Duration of Permit. If the work authorized under a sign permit has
not been completed within one year after the date of issuance, the
permit shall become null and void.
All signs, including their supports, braces, hooks, guys, anchors
and surrounding land shall be of sturdy construction and shall be
kept in good order and repair and shall be painted and cleaned as
often as necessary to maintain a clean, neat, legible, safe and orderly
appearance. All lights shall be in good working order.
[Ord. No. 2010-06]
A.
Any owner, agent or tenant and any person or corporation who shall violate any of the provisions of this article or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any sign or building or any structure or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder shall be subject to the penalties set forth in Article 1-5 of this Code. Each and every day such violation continues, shall be deemed a separate and distinct violation.
B.
Violations of this Code may also result in the removal of the offending
sign(s).
C.
The provisions of this article may be enforced by the Zoning Officer,
any Borough police officer, the Housing Inspector, or any other duly
authorized Borough official.
D.
Failure to comply with the Planning Board's decision shall constitute
a violation of this article.
Any decision or order of the Zoning Officer may be appealed by filing with the Planning Board on forms provided pursuant to Article 26-5, Appeals.
