Montclair Municipal Code Art. I General Provisions

The regulation and control of the location, size, type and number of signs permitted shall be governed by the provisions of this chapter. The purpose of this chapter shall be to safeguard and enhance property values; to protect public and private investments in building and open spaces; to preserve and improve the appearance of the City as a place in which to live and to work, and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for the information of the public, but to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote the public health, safety and general welfare by regulating and controlling all matters relating to signs.

It is the intent of this chapter to provide sound and appropriate development standards and review process to ensure that all signage conforms to the Community Design Element of the adopted General Plan. It is further recognized that the City's policy for signs is one which advocates simple identification of the business name or center, rather than the advertising of business products or activities.

(Prior code § 9-7.101)

A. The provisions of this chapter are not intended to abrogate any easements, covenants, government regulations or codes, court rulings, or other existing agreements which are more restrictive than the provisions of this chapter.

B. Whenever the application of this chapter is uncertain, the question shall be referred to the Planning Commission for determination. The Planning Commission shall then authorize signing which best fulfills the intent of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.305)

It shall be the duty of the City Manager to enforce all the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.301)

Permits shall be required prior to the placement, installation, relocation, modification of the copy, or reconstruction of any sign in the City, unless expressly exempt by this chapter. A sign requiring a permit shall comply with all the provisions of this chapter and all other applicable laws and ordinances.

(Ord. 99-791 Exh. A (part); prior code § 9-7.302)

A. All signs, sign structures and materials will be designed, manufactured, assembled and constructed in compliance with all minimum State, federal and City regulations.

B. All signs and sign structures shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked or broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. (Amended during 1999 codification; Ord. 99-791 Exh. A (part); prior code § 9-7.303)

A. The following procedure shall be followed for new signs which exceed 50 square feet in sign area or for the remodeling of an existing sign which results in over 50 square feet in sign area or in the case of a new sign program for a multi-tenant complex:

1. Application for PPD approval shall be made on forms as prescribed by the Planning Division along with the necessary drawings, sample material board, and fees;

2. Upon receipt of a complete application, the Planning Division shall submit the sign proposal to the Development Review Committee for conformance with the intent and provisions of this chapter within 15 working days and shall then forward a written report and recommendation to the Planning Commission to approve, approve with modifications, or deny the sign request at the next regularly scheduled meeting.

B. The following categories of signs shall be reviewed administratively for conformance with the intent and provisions of this chapter by the Director of Community Development, unless otherwise specified:

1. Monument signs not exceeding 50 square feet per single sign face and less than 8 feet in height;

2. New wall signs not exceeding 50 square feet in sign area; and

3. Temporary and special event signs under Section 11.72.270, on-site real estate or construction signs under Section 11.72.300, and certain off-site directional signs under Section 11.72.310 of this chapter, except those specifically exempt under Section 11.72.110 of this chapter.

A decision to approve, approve with modification, or deny such sign requests shall be rendered and forwarded to the applicant within 15 working days from the date such application is deemed completed and fees paid. The decision of the Director of Community Development may be appealed to the Planning Commission in accordance with Section 11.72.090 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.304)

Application for sign approval, whether it is for Planning Commission review or for administrative review by the Planning Division, shall be accompanied by the appropriate filing fees in accordance with the fee schedule adopted by resolution of the City Council. Separate fees for building and electrical permits shall also be paid prior to issuance of such permits.

(Ord. 99-791 Exh. A (part); prior code § 9-7.306)

If practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter would occur from its strict literal interpretation and enforcement, the Planning Commission may grant a variance therefrom upon such terms and conditions as it deems necessary. Such variances shall be in harmony with the general purposes and intent of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties.

To grant a variance, the provisions of Section 11.82.010 through and including Section 11.82.050 of this title shall be complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-7.307)

A decision of the Director of Community Development may be appealed to the Planning Commission within ten days of the Director's decision. The appeal shall be made on forms prescribed by the Planning Division and fees paid in accordance with the fee resolution. The submission of the application and fees shall constitute the filing of the appeal. The Planning Commission shall review the appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of applications. The Commission shall either uphold, reverse or modify the Director's decision. If anyone is aggrieved or affected by the decision of the Planning Commission, they may appeal the decision to the City Council within 10 days from the decision of the Planning Commission. The appeal shall be submitted in accordance with the above appeal provisions. The City Council shall review the appeal and either uphold, reverse or modify the Commission's decision. The Council's decision shall be final.

(Ord. 99-791 Exh. A (part); prior code § 9-7.308)

A. Any person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of a violation pursuant to Chapter 1.12 of this Code.

B. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to the provisions of this chapter shall be liable to the City for the cost of the removal, storage and/or destruction of such sign and for the City's court costs and reasonable attorney's fees. The City may recover the same through an action commenced in a court of competent jurisdiction.

C. Any unauthorized or illegal sign within the public right-of-way or on private property that is found and declared to be a public nuisance or constitutes a hazard to pedestrian or vehicular traffic may be removed immediately, stored and/or destroyed by the City at the expense of the owner or other person entitled to possession of such sign or any person, business or entity who benefits from such sign. The cost of removal, storage and/or destruction of such illegal signs shall be the actual costs or the standard cost pursuant to a fee schedule set by resolution of the City Council.

D. After removal of any such illegal sign pursuant to this section, the person, business, company or entity that owns the sign, placed it or who benefited from it shall be served with a statement of costs from the City. The notice of sign abatement from City right-of-way and the statement of costs shall be mailed by certified letter or hand delivered to the charged party. Notice shall be given that the determination verified in the statement of costs can be appealed by filing a written appeal with the City Manager as specified in Section 1.08.010.

E. Any person desiring to retrieve a sign removed by the City may do so upon payment of an administrative fine plus such storage fees as determined by a fee resolution of the City Council that may be adopted from time to time. In lieu of paying such administrative fine, such person may retrieve a sign upon signing a promise to appear upon a citation issued to him or her for violations of this section or other provisions of this chapter. If a person wishes to contest the fact that the sign was placed in violation of this section or other provisions of this chapter prior to paying the fine or signing the citation, he or she shall have the right to an administrative hearing before the City Manager, upon receipt of a written appeal by the City as specified in subsection D of this section. If the City Manager finds that the sign was lawfully placed, he or she shall return the sign without an administrative penalty or the issuance of a citation.

F. Any sign removed by the City shall be considered abandoned if it is not retrieved and no written appeal is filed with the City within 15 calendar days after the date of such notification by the City following the sign removal and may be disposed of by the City without liability therefor to any person.

(Ord. 06-889 § 15; Ord. 01-812 § 1; Ord. 99-791 Exh. A (part): prior code § 9-7.309)