Montclair Municipal Code Art. II Special Categories of Signs

The following categories of signs shall be exempt from Precise Plan of Design review and the permit requirements of this chapter. An electrical or building permit may, however, be required.

These exceptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with this chapter or any other law regulating the same and any fee pertaining thereto:

A. The changing of advertising copy or messages on announcement or bulletin boards, electronic message board signs, and similar signs specifically designed for the use of replaceable or changeable copy, unless electrical alterations are made;

B. Painting, repainting, cleaning, minor repairing and routine maintenance of existing sign structure without enlarging or increasing the size or height, or the design of the sign graphics and of the structure itself;

C. Nameplates, traffic control signs, window signs, directional signs and public information and regulatory signs required by law or by federal, State, County or City authority, as defined in this chapter and in accordance with all provisions of this chapter;

D. Permanent window or entryway signs not exceeding 4 square feet and limited to business identification, hours of operation, address, and emergency information only;

E. Service and delivery identification signs, not exceeding 2 square feet each and limited to one sign per delivery point, placed on the rear of the building;

F. Contractor or construction signs listing major contractors, financial institutions, developers and/or owners of property for the project, not exceeding 40 square feet in area and 8 feet in height, unless legally required by government contracts to be larger. All signs shall be located at least 10 feet from the property line. Such signs shall be promptly removed upon the completion of the project;

G. Future tenant identification or announcement signs may be placed on vacant or developing property, upon receiving Precise Plan of Design approval for such development, to advertise the future use of the property and related information. For parcels containing 10 acres or less, such signs shall be limited to one per street frontage, with a maximum of 40 square feet in area per sign face and a maximum of 8 feet in height. For parcels greater than 10 acres, one sign is permitted for every 600 feet of street frontage and is limited to 64 square feet in area per sign face and 15 feet in overall height. All such signs shall be located at least 10 feet from the property line. Any such sign shall be removed from the property upon completion of such project;

H. Real estate signs for the selling or leasing of industrial, office or commercial property at the ratio of one per street frontage not to exceed 24 square feet in area and 6 feet in overall height, provided that it is unlighted and is removed within 10 days after the close of escrow or the rental or lease has been accomplished;

I. Real estate signs for the selling, renting or leasing of residential property not exceeding 4 square feet in area or 6 feet in height, provided that it is unlighted and is removed within 10 days after the close of escrow or the rental or lease has been accomplished;

J. Interior signs within a structure not visible from the street or from outside of building;

K. Memorials, tablets, plaques, or directional signs for community historical resources, installed by a recognized historical society or civic organization;

L. Official and legal notices issued by the court, public body, person, or officer in performance of their official duties;

M. Official flags of the United States of America, the State of California, and other states of the United States, counties, municipalities and official flags for nations, and flags of internationally and nationally recognized organizations;

N. Signs of public utility companies providing warning or public information signs as required by law;

O. Safety signs on construction sites;

P. Convenience signs not exceeding 4 square feet in area.

(Ord. 99-791 Exh. A (part); prior code § 9-7.401)

All signs not expressly permitted are prohibited, including but not limited to the following:

A. Roof signs, including those attached to a mansard roof;

B. Flashing signs, except in time and temperature or electronic message board signs;

C. Animated signs, including human signs and air puppets;

D. Revolving or rotating signs;

E. Vehicle or mobile signs, including signs and banners affixed to vehicles;

F. Portable signs, including A-frames;

G. Painted-on wall signs, except as specifically permitted in this chapter and approved under a Precise Plan of Design;

H. Off-site signs, except temporary subdivision or directional signs as provided for in this chapter;

I. Hot or cold air balloons;

J. Inflatable signs, characters, animal or other figures, whether tethered or not;

K. Balloons, flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, unless specifically permitted by this chapter;

L. Signs placed within or over public right-of-way on public land or on utility poles, except as specifically permitted by this chapter;

M. Any temporary signs or banners unless specifically permitted by this chapter;

N. Signs resembling traffic signs or that constitute traffic hazards;

O. Signs constituting obscene material; and

P. Flags containing a business name, product or advertising copy.

(Ord. 06-871 § 9 (part): Ord. 99-791 Exh. A (part); prior code § 9-7.402)

Signs pertaining to activities or businesses which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 60 days after the premises have been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this chapter.

(Prior code § 9-7.403)

A. Intent. It is the intent of this section to recognize that the eventual removal or elimination of existing signs that are illegal or not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations. The removal of such nonconforming sign is in keeping with the objectives of the Community Design Element of the adopted General Plan.

B. General Requirements.

1. All signs illegally erected or reconstructed and all signs deemed to be unsafe and posting a danger to the public or which could create a potential hazard, in the opinion of the Director of Community Development, shall be removed immediately by the sign company and/or property owner upon written notice issued by the City.

2. A nonconforming sign may not be:

a. Changed to another nonconforming sign except in the case of face change to the sign copy, subject to City approval;

b. Structurally altered to extend its useful life;

c. Expanded;

d. Reestablished after a business discontinues for 60 days; and

e. Reestablished after damage or destruction of more than 50 percent of its value, as determined by the Building Official.

3. No new sign shall be approved for a site, structure, building or use that contains nonconforming signs unless such nonconforming signs are removed or modified to conform with the provisions of this chapter.

C. Amortization Requirements.

1. Every sign or advertising structure which was legally erected but does not comply with the provisions of this chapter shall be amortized in accordance with the following schedule:

2. The value of nonconforming signs shall be determined by the Director of Community Development and the Building Official with the assistance of an independent sign appraiser in accordance with the latest material valuation schedules. The City shall conduct an inventory of existing illegal and nonconforming signs within 12 months after the adoption of the ordinance codified in this chapter to determine such fair market value of signs.

3. Time period for amortization of nonconforming signs shall commence 12 months from the effective date of the ordinance codified in this chapter. Any sign which becomes nonconforming, either by reason of amendment to this chapter or by annexation to the City, shall also be subject to the provisions of this chapter. The period of time within which such sign must be abated shall commence upon the effective date of such amendment or annexation.

4. Hardship Cases.

a. Under cases of extreme hardship and unusual circumstances, the Planning Commission, upon receipt of a petition from the sign/property owner, shall have the authority to allow the retention of a nonconforming sign if the Planning Commission specifically finds that extreme hardship and unusual circumstances exist.

b. The proponent of the request shall have the burden of clearly demonstrating that an extreme hardship and unusual circumstance does exist and warrants the retention of the sign. The Planning Commission shall conduct a public hearing to determine the hardship case. The procedures for conducting the public hearing and application fees shall be regulated by the variance procedures and fees established by the provisions of this title.

c. The Planning Commission shall use the following findings for determining that an extreme and unusual circumstance exists:

i. The site has a unique character or feature that causes visibility problems;

ii. The sign does not create a traffic hazard;

iii. The sign does not create a visual blight to the community;

iv. The sign does not adversely affect adjacent properties;

v. The sign is properly maintained and structurally sound; and

vi. No other signing alternative or design would be feasible or be able to provide reasonable signing in accordance with this chapter.

d. If the Planning Commission finds that an extreme and unusual circumstance exists, but that the design or condition of the sign creates a visual blight, then the Planning Commission may grant a relief from the amortization of the nonconforming sign with the condition that the sign be remodeled to a more aesthetic design. If a business or shopping center, found to have the above hardship and which contains nonconforming signs, is remodeled, then the Planning Commission shall have the authority to request that the nonconforming signs be upgraded to match the design and architectural style of the remodeled buildings. The Planning Commission may establish other conditions of approval, including but not limited to time limit for use of such signs.

(Ord. 99-791 Exh. A (part); prior code §§ 9-7.501, 9-7.502)