Clifton Heights City Zoning Code
ARTICLE XI
Signs
§ 340-57 Purpose.
The purpose of this article is to regulate the type and dimensions of signs in the various zoning districts; to protect the public from damage or injury caused or attributable to distractions caused by improperly designed or located signs; to promote the community environmental setting and to preserve the distinctive appearance of the business districts and other areas where the use of signs is necessary; and to assure the orderly future utilization of signs throughout the Borough.
§ 340-58 Determination of size.
The size of any sign shall be determined in accordance with the definition of "sign area" as contained in Article II of this chapter.
§ 340-59 Prohibited signs; restrictions and standards.
A.
Prohibited signs. It is unlawful to erect or maintain the following signs:
(1)
Spinning, twirling, rotating or any other animated signs or objects used for advertising purposes, whether containing a message or not, except for time and temperature signs.
(2)
Signs that emit sound, smoke or steam.
(3)
Signs that direct or reflect light onto adjoining properties.
(4)
Signs which direct or reflect light so as to impair the vision of any motor vehicle driver or otherwise interfere with a driver's operation of his motor vehicle.
(5)
Signs with words or colored lights which attempt or appear to attempt to direct the movement of traffic or which interfere with or resemble any official traffic sign, signal or device.
(6)
Signs with obscene or prurient words, scenes or graphics.
(7)
Signs painted on or attached to trees, buildings, utility poles, fences, outdoor benches or similar natural or man-made features.
(8)
Signs which obscure other signs or obstruct fire escapes, doors or windows.
(9)
Projecting signs and roof signs.
(10)
Advertising cloth, paper or plastic banners or similar signs suspended or hung on any property, except for temporary banners which may be permitted by special permission granted by the Code Enforcement Officer.
(11)
Wall bulletins or any other signs painted directly on the facade of any building or structure.
(12)
Outdoor advertising billboards.
(13)
Mobile signs or signs not permanently affixed to the ground or to a building, including A-frame signs.
(14)
Signs on vehicles or trailers which are parked or located for the primary purpose of displaying the signs, thereby becoming mobile signs.
B.
General restrictions and standards. The following restrictions shall apply to all permitted signs:
(1)
All signs constructed or erected under the provisions of this chapter shall comply with the standards set forth in the BOCA Basic Building Code, as amended, and the National Electric Code, as amended.
(2)
All signs shall be constructed of durable, all-weather material and shall be solidly and firmly attached, supported and/or anchored.
(3)
Where an establishment moves from or vacates a particular address or premises, the owner of such building or premises shall, within 30 days, remove, or cause to be removed, any sign which was displayed by such establishment. However, this provision shall not apply where a new establishment at that address or location shall continue or assume the same name as the previous establishment.
(4)
All signs shall be properly maintained. Exposed surfaces shall be clean and, if required, painted. Defective parts shall be replaced. The Code Enforcement Officer shall have the authorization to order the repair or removal of any sign which is defective, damaged or substantially deteriorated.
(5)
Signs in residential districts, RCZ Districts and RCD Districts shall be used only for the purpose of identifying the occupant or activity and not for advertising purposes.
§ 340-60 Exempt signs.
The following signs, to the extent indicated, are exempt from the requirements of this chapter, from the need to secure permits and from the allowable sign area requirements:
A.
Governmental signs, including but not limited to route number, street name, traffic and parking, or other signs of the same character.
B.
Decorations for a recognized, officially designated holiday.
C.
Temporary directional signs not exceeding two square feet.
D.
Nonilluminated nameplate signs not exceeding 90 square inches in size, provided that only one such sign per lot shall be exempted.
E.
Real estate rental or sale signs not exceeding six square feet, provided they are removed within seven days after settlement or agreement for lease. Not more than one such sign may be erected per street frontage, except that real estate "open house" signs may be placed off the premises but shall be removed within 24 hours of such open house.
F.
Signs advertising the development, subdivision, major repair or renovation of the property, provided that:
G.
Political signs, provided they do not exceed six square feet and are removed within seven days after the election. Not more than two signs with an aggregate size of eight square feet shall be permitted per street frontage.
H.
A legal notice, which is to be removed when the legal requirements have been met.
I.
Public service information signs advertising the availability of rest rooms, telephones, or similar public conveniences, and signs advertising meeting times and places of nonprofit service or charitable organizations. Any such sign shall not exceed four square feet.
J.
A sign which is a permanent architectural feature or is of architectural significance to the building, such as a cornerstone or identifying letters carved into or embossed on a building, providing the letters are not made of reflective material or contrast in color with the building.
K.
Temporary yard sale or garage sale signs which do not exceed six square feet in area and which must be removed within 24 hours after the sale.
L.
No-trespassing signs, signs indicating the private nature of a driveway or premises, and official signs indicating that the premises is protected by burglar alarm, not to exceed two square feet in area.
M.
Signs of contractors, mechanics and artisans which are not illuminated and do not exceed six square feet in area. Not more than one such sign shall be erected on each street frontage, and such signs shall be removed within three days after the completion of the work.
N.
For sale, for lease or for rent signs on vehicles, boats or trailers.
O.
One or more signs applied to a windowpane, giving store hours and listing charge cards accepted; the sum of the areas of such signs shall not exceed two square feet.
P.
Signs and devices such as barber poles, gasoline pricing and car wash signs; changing of prices on pricing signs; business window signs advertising periodic sales and special events.
Q.
Identification signs for churches, schools or similar institutions, provided that the area of one side of such sign does not exceed 12 square feet, and provided that no more than one such sign is erected on each street frontage.
R.
Menu boards, not exceeding six square feet, relating to and on the premises of eating and/or drinking establishments.
§ 340-61 Permitted signs; permit required.
The following signs are permitted, provided that a permit is obtained:
A.
Signs in residential districts:
(1)
Permanent wall signs or freestanding signs identifying apartment buildings, provided that:
(a)
The size of such signs shall not exceed 12 square feet.
(b)
Not more than one such sign shall be erected for each building or group of buildings.
(c)
No such sign shall be illuminated.
(d)
All such signs shall be placed so that all portions, including the overhang of the sign, are within the lot line.
(2)
Signs identifying nonresidential uses where such uses are permitted as valid nonconforming uses, provided that:
(a)
The types of signs permitted shall be wall signs or freestanding signs only.
(b)
The size of such sign shall not exceed nine square feet.
(c)
Not more than one such sign shall be erected for each frontage.
(d)
Such sign shall be designed so as to create a minimal impact on the residential district in which it is located. Illumination, if provided, shall be by indirect, white light only.
C.
Business or industrial signs as follows:
(1)
The total area of all such signs placed on any one premises shall not exceed 30 square feet. This includes signs placed directly on the facade of the structure. If individual letters are used, the outside measurement of the sign shall not exceed 20 square feet.
(2)
All such signs shall front on a street.
(3)
All such signs shall relate only to uses on the premises on which the sign is located.
(4)
The area of a directional sign shall not exceed nine square feet.
(5)
The total area of any one freestanding sign shall not exceed 30 square feet.
§ 340-62 Freestanding signs.
The following regulations shall apply to all freestanding signs within the Borough:
§ 340-63 Nonconforming signs.
A.
Any sign existing and lawful at the time this chapter becomes effective that does not conform to the terms of this chapter shall be considered nonconforming and may continue in its present location.
B.
Where the name of an establishment is changed, any nonconforming sign located at such establishment must be removed, and any subsequent sign shall conform to the terms of this chapter.
C.
A nonconforming sign which has been damaged to more than 50% of its value or has been removed or discontinued for 60 days or longer shall be repaired, rebuilt, or replaced, except as a conforming sign.
D.
Temporary or prohibited signs existing at the time of enactment of this chapter shall be abated or removed within 90 days after the effective date of this chapter.
§ 340-64 Temporary signs.
Where temporary signs are not exempt from the requirements of this chapter in § 340-60, they shall be permitted, provided that:
§ 340-65 Administration and enforcement.
A.
Permits, procedures and review by the Code Enforcement Officer. Except for exempt signs or unless otherwise specified in this article, no sign shall be erected, repaired or replaced in the Borough until a permit for such sign has been obtained in the following manner:
(1)
An application in writing shall be made to the Code Enforcement Officer by the sign maker or installer.
(2)
The application submitted to the Code Enforcement Officer shall give the full details regarding the size, height, shape, materials, supports; also, a plan shall be submitted showing the location of the sign on the building or on the lot. Lighting details, if applicable, shall also be shown or specified. The application shall be sufficiently specific to enable the Code Enforcement Officer to determine if the sign complies with this chapter as well as any other local regulations relating to signs.
(3)
If the person submitting the application is not the owner of the property, the written consent of the owner of the property on which the sign is located shall accompany the application.
B.
Except for exempt signs, whenever any sign is replaced by another sign, enlarged in any manner or altered, dismantled or damaged or otherwise destroyed to the extent of more than 50% of its value, a permit shall be required as provided in this section prior to the replacement, enlargement or alteration or repair of damage.
C.
Permit fees. All applications for permits filed with the Code Enforcement Officer shall be accompanied by a permit fee according to a schedule of fees established by Borough Council.
D.
Inspections. Any person installing, altering or relocating a sign for which a permit has been issued shall notify the Code Enforcement Officer upon completion of the work. The Code Enforcement Officer may require a final inspection, including an electrical inspection and inspection of the structure of any freestanding sign.
E.
Violations.
(1)
When, in the opinion of the Code Enforcement Officer, there exists a violation of this article, the Code Enforcement Officer shall issue a written order to the alleged violator. Such order shall specify those sections of this article which have not been complied with and shall indicate that the violator shall correct such violation within 30 days from the date of the order.
(2)
If, upon inspection, the Code Enforcement Officer finds that a sign is abandoned or structurally, materially or electronically defective, or in any way endangers the public, he shall issue a written order to the owner of the sign and the occupant of the premises stating the nature of the violation and require the owner and/or occupant to repair or remove the sign within seven days of the date of the order.
(3)
In cases of emergency, the Code Enforcement Officer may, without notice, cause the immediate removal of a dangerous or defective sign. In order for a sign to be removed in this manner, the Code Enforcement Officer must make the determination that the sign presents a hazard to the public health, welfare and/or safety.
F.
Appeal from sign permit denial. An applicant whose application has been denied by the Code Enforcement Officer may appeal such decision to the Zoning Hearing Board for a variance. Such appeal must be filed with the Borough not later than 30 days after notice of denial.
H.
The provisions of this article shall not be construed to relieve or to limit in any way the responsibility or liability of any person, firm, or corporation which erects or owns a sign for personal injury or property damage caused by the sign, and the provisions of this article shall not be construed to impose upon the Borough, its officers or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this article.