Feller, J.s.c., Retired, Temporarily Assigned on Recall.
This is an action to set aside as unconstitutional a zoning ordinance, adopted by the Hillside Township Committee on February 15, 1977 and subsequently reenacted on April 19, 1977, which limits, restricts and prohibits "For Sale," "Garage Sale" and "Sold" signs on residential properties in Hillside Township.
The amendments to the ordinance which are the subject matter of the suit provide as follows:
AN ORDINANCE TO AMEND CHAPTER XXII (ZONING) OF THE "REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF HILLSIDE, 1971"
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HILLSIDE:
SECTION 1, Section 22-7.10 (Outdoor Signs) is hereby amended to read as follows:
SECTION 22-7.10 (e) REAL ESTATE SIGNS.
(e) On all residential premises wherein any dwelling is occupied by not more than six families, the display of any sign stating the premises are "for sale", or any other words indicating that the use or possession of such premises or transfer of any interest in such premises are available to another, is prohibited, unless the following standards are complied with:
1. Signs shall not exceed ten inches by fourteen inches in area and shall consist of black lettering on a white background, which shall state only that the property is either for sale or for rent and may contain only such legends as "Inquire Within", a telephone number or the name of the owner of the property.
2. The sign must be removed within thirty days after the execution of the agreement of sale, and/or within 10 days after the leasing, lettering, renting, using or possession of such premises or transfer of any interest in same.
3. The tip of the sign shall be no higher than twenty inches from the ground.
4. There shall be a setback of at least fifteen feet from all street lines.
5. No more than one sign shall be permitted.
SECTION 2. Section 22-7.10 (Outdoor Signs) is hereby amended by adding the following:
(k) the erection, maintenance or display of any sign marked "Sold" or any other words indicating that the premises is to be sold or about to be sold is prohibited within the boundaries of the Township.
SECTION 3. Section 22-7.10 (1) (Garage Sales) is hereby amended by adding the following:
Section 22-7.10 (1) (Garage Sales).
(1) The display of any signs stating that there is a "Garage Sale", or any other words indicating that there will be a garage sale, is prohibited unless the following standards are complied with:
1. Signs shall not exceed ten inches by fourteen inches in area.
2. Signs shall consist of black lettering on a white background which shall state only that there is a "Garage Sale".
3. The sign must be removed immediately after the garage sale is over.
4. The sign can only be placed on the property where the garage sale is taking place and no other areas.
5. The sign shall have a setback of at least fifteen feet from all street lines.
SECTION 4. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
SECTION 5. This ordinance shall take effect immediately upon final adoption and ...