A.
Except as hereinafter provided, it shall be unlawful
for any person, firm or corporation to erect or relocate any sign
within the City of Clifton without first obtaining a sign permit from
the Zoning Officer. The Zoning Officer shall issue a sign permit only
for such signs as are specifically permitted and provided for in this
chapter, unless a zoning variance has be granted in accordance with
Chapter 291 of the Laws of 1975.[1]
[Amended 1-3-2012 by Ord. No. 6996-12]
[1]
Editor's Note: See the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
B.
No sign shall have sound-generation equipment, rotating
or moving parts, or illumination involving intermittent, rotating
or flashing lights.
[Amended 12-2-1986 by Ord. No. 5123-86; 1-3-2012 by Ord. No. 6996-12]
C.
Ground signs shall be subject to all applicable setback
lines in the same manner as buildings.
[Amended 8-18-2009 by Ord. No. 6833-09]
D.
Except as permitted by Subsection N, the following are hereby prohibited: banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or other similarly moving devices. However, within 30 days of the grand opening or re-opening of a retail, service or restaurant business, banners and pennants shall be permitted in connection with the advertisement of the event.
[Amended 1-3-2012 by Ord. No. 6996-12]
E.
Properties neighboring officially designated limited access highways shall be entitled to no frontage upon such roads in ascertaining the permitted amount of sign area on any given lot pursuant to the formulas set forth in § 461-56.
F.
No sign shall be attached to any public utility pole,
lamppost, public sign or like structure.
[Amended 1-3-2012 by Ord. No. 6996-12]
G.
All signs shall be maintained in a neat and clean
condition and in good repair at all times. All signs shall be serviced
and maintained so that it is reasonably free of faded, peeling or
cracked paint on the exterior surfaces thereof and the structural
parts thereof shall not be broken, cracked or otherwise in a condition
which might render them dangerous to pedestrians or property.
[Amended 1-3-2012 by Ord. No. 6996-12]
H.
Signs in which the colors red, green and amber are
used in direct illumination or in high reflection by the use of special
preparations, such as fluorescent paint or glass, shall not be located
within a radius of 200 feet of any intersection wherein is situated
a traffic light or other traffic signal device.
I.
No signs shall be permitted containing words or pictures
of any obscene, indecent or immoral character such as would offend
public morals or general standards of decency.
J.
No signs shall be permitted which simulate or include
official traffic signs or signals or which contain words such as "Stop,"
"Go Slow," "Caution," "Danger," "Warning" or like words or designations.
K.
No private signs shall be located within or project over any part of any street right-of-way except as provided in Subsection N.
[Amended 1-3-2012 by Ord. No. 6996-12]
L.
Political signs shall be permitted, subject to the provisions of Chapter 185 of the Code of the City of Clifton.
[Amended 10-6-1992 by Ord. No. 5604-92; 1-3-2012 by Ord. No. 6996-12]
M.
Anything elsewhere in this Zoning Ordinance to the
contrary set forth notwithstanding, ballfield signs, as hereinafter
defined, shall be permitted to be displayed on the fences of any public
or nonprofit ballfield, subject, however, to the restrictions hereinafter
set forth:
[Added 6-4-1984 by Ord. No. 4891-84]
(1)
For the purposes of this subsection, the term "ballfield
signs" shall be defined as signs hung on the fence of a public or
nonprofit ballfield, the revenues from which are to go to a nonprofit
organization.
(2)
Any such sign shall only be hung on the fence surrounding
the ballfield and shall face the infield.
(3)
No such sign shall have dimensions greater than two
feet high and four feet wide, nor extend above the top of the fence
to which it is attached.
(4)
No such sign shall be erected, posted or displayed
at anytime other than during practice sessions and regular league
games during the league season. Between such practice sessions and
regular league games, all ballfield signs shall be removed and stored
in the field houses or such other secured place.
(5)
Any revenues derived from the display of ballfield
signs shall be received by and become the property of such nonprofit
organizations using the ballfield.
(6)
Any person, firm or corporation who shall erect or
display or who shall cause, permit or allow to be erected or displayed
any such sign on a ballfield subject to his or its control in violation
of the terms of this subsection shall, upon conviction thereof, be
punishable for a violation of this Zoning Ordinance.
N.
Temporary signs.
[Amended 9-2-1997 by Ord. No. 5913-97; 11-3-2010 by Ord. No. 6910-10; 1-3-2012 by Ord. No.
6996-12]
(1)
One
of the following types of temporary signs shall be permitted at each
retail, service or restaurant business, at the option of the business
owner, in all zones in accordance with the following standards:
(a)
Portable sidewalk sign. A portable sidewalk sign shall meet the following
conditions:
[1]
Portable sidewalk signs are permitted on the sidewalk or in entrance
alcoves. Only one such sign shall be permitted per retail, service
or restaurant business, must be located adjacent to the exterior of
the business establishment, and can only be used to advertise in connection
with the business located on the premises.
[2]
It shall not exceed three feet in height and two feet in width.
[3]
It shall be placed in locations to provide a minimum of four feet
pedestrian clearance.
[4]
It shall be taken inside at night from 9:00 p.m. to 6:00 a.m., and
during periods of snow and high winds. The sign shall be properly
stabilized to prevent accidental collapse or falling.
[5]
Applications for a permit for a portable sidewalk sign must be filed
with the Zoning Officer. Applications must include, at a minimum,
a drawn design (to scale) reflecting the dimensions of the sign and
a plot plan with the proposed location of the sign.
(b)
Banners. A temporary banner sign shall meet the following conditions:
[1]
One temporary banner sign is permitted to be hung on the outside
of the business premises. Only one such sign shall be permitted per
retail, service or restaurant business and shall only be used to advertise
in connection with the business located on the premises.
[2]
Banners cannot exceed 72 inches by 24 inches and must be properly
secured at each corner. Banners shall be constructed of cloth, canvas,
nylon, vinyl or plastic materials.
[3]
Applications for a permit for a banner sign must be filed with the
Zoning Officer and must include at a minimum, a drawn design (to scale)
reflecting a description of proposed material, proposed location and
dimensions of the banner.
(c)
Sail pole signs. A freestanding sail pole sign shall meet the following
conditions:
[1]
Freestanding sail pole signs are permitted on the sidewalk or in
entrance alcoves. Only one such sign shall be permitted per retail,
service or restaurant business, shall be located adjacent to the exterior
of the business establishment, and can only be used to advertise in
connection with the business located on the premises.
[2]
The pole shall not exceed 11 feet in height (with a base of no more
than 15 inches), and the sail shall not exceed 10 square feet.
[3]
It shall be placed in locations to provide a minimum of four feet
pedestrian clearance.
[4]
It shall be constructed of cloth, canvas, nylon, vinyl or plastic
materials and secured in a manner to prevent accidental collapse or
falling.
[5]
Applications for a permit for a sail pole sign must be filed with
the Zoning Officer and must include, at a minimum, a drawn design
(to scale), description of proposed material, proposed location and
dimensions of the sail pole sign.
(2)
There
shall be a fee of $100 per year for each temporary sign. The applicant
for a temporary sign shall execute a hold harmless agreement with
the City of Clifton and shall agree to defend and indemnify the City
for any loss of any kind suffered related to the temporary sign.
(3)
Prohibited
acts.
(a)
No temporary sign shall be permitted to rest upon, in or over any
public sidewalk when such installation, use or maintenance:
[1]
Endangers the safety of persons or property.
[2]
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle.
[3]
Unreasonably interferes with the ingress or egress from any residence,
place of business or lawfully parked vehicle.
[4]
Unreasonably interferes with passengers boarding or exiting from
buses at designated bus stops.
[5]
Unreasonably interferes with the use of traffic signals, traffic
or street signs, fire hydrants or mailboxes permitted at or near said
location.
(b)
No temporary sign shall be placed, installed, used or maintained:
[1]
Within three feet of any marked crosswalk.
[2]
Within 12 feet of a curb return of any unmarked crosswalk.
[3]
Within five feet of any fire lane, fire hydrant, fire call box, police
call box or other emergency facility.
[4]
Within five feet of any driveway.
[5]
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
(4)
Each
place of business shall have no more than one temporary sign of any
kind displayed at its place of business as set forth above at any
time, and the use of more than one temporary sign at a place business
at any one time is prohibited.
(5)
Temporary real estate open house signs.
[Added 5-2-2023 by Ord.
No. 7821-23]
(a)
Up to four real estate open house signs shall be permitted in
connection with an open house event.
[1]
Real estate open house signs shall not exceed a total area of
six square feet per side with a maximum of two sides.
[2]
Real estate open house signs shall be permitted two hours prior
to the start of the open house event and must be removed within two
hours of the conclusion of the event.
[3]
Placement of real estate open house signs shall comply with § 461-53N(3) of the Code of the City of Clifton.
O.
No sign shall be attached to or placed upon another
sign.
[Added 7-2-1985 by Ord. No. 4988-85]
P.
Awnings and awning signs shall be permitted in the
B-B, B-C, B-D, PD1 and PCD Districts where they shall be subject to
the following standards:
[Added 10-16-1990 by Ord. No. 5450-90]
(1)
Awning signs must comply with the regulations of this
article as to surface display area. An awning sign shall represent
no more than 50% of the total permitted surface display area for signs
for the subject premises.
(2)
No awning or awning sign shall project over any part
of any street right-of-way. Variances from this provision shall not
be granted unless the applicant obtains a contractual agreement from
the City of Clifton so that the City is not held responsible for the
loss or damages to property or injury in or about the premises of
the property owner by reason of installation and presence of said
awnings. Additionally, approval of the County of Passaic is required
in cases where the right-of-way encroachment is on a county road.
(3)
No awning or awning sign shall be illuminated with
a built-in source of lighting through a translucent face or panel.
[Amended 12-5-1995 by Ord. No. 5771-95]
(4)
Awnings may only be internally illuminated to highlight
the awning. If internal illumination is provided, said awning shall
be considered an awning sign.
[Amended 12-5-1995 by Ord. No. 5771-95]
(5)
No awning or awning sign shall have illumination involving
intermittent or flashing fights.
(6)
The minimum height above the sidewalk for awnings
shall be seven feet six inches at the lowest point of the awning,
but not higher than any existing awnings on the same side of the street
and within 200 feet on either side.
(7)
Awning signs shall not extend above the first story
nor over 12 feet six inches above the sidewalk, whichever is less.
(8)
Fixed awnings and awning signs shall be considered
canopies and must comply with the setback requirements for the principal
buildings, but in no case can extend more than five feet from the
exterior wall to which they are attached.
(9)
Fixed awnings and awning signs shall be included in
the computation of lot coverage.
(11)
All awnings and awning signs shall be made of
canvas or a similar man-made or natural material. Plastic, metal and
other materials are not permitted.
[Added 7-21-1998 by Ord. No. 5980-98]
(12)
Colors.
[Amended 12-5-1995 by Ord. No. 5771-95; 7-21-1998 by Ord. No. 5980-98]
(a)
All awnings and awning signs shall consist of
earth-tone colors and shades thereof, except in the following business
districts, in which the following shall be the main color, with flexibility
for lettering and logos:
[1]
Main Avenue (from Crooks Avenue to the Passaic
boundary line): forest green.
[2]
Middle Village (Piaget Avenue from Paulison
Avenue to Fifth Street): burgundy.
[3]
Market Street and Lakeview Avenue: navy blue.
[4]
Crooks Avenue: forest green.
[Added 7-6-1999 by Ord. No. 6062-99]
[5]
Van Houten Avenue: navy blue.
[Added 1-2-2002 by Ord. No. 6253-02]
(b)
Any color or combination of colors which may
provide a distraction for persons driving vehicles near intersections
and along public streets is prohibited.
Q.
Tobacco billboard signs.
[Added 9-2-1997 by Ord. No. 5911-97]
(1)
Declaration of legislative intent.
(a)
Whereas, N.J.S.A. 2A:170-51 makes it unlawful
for any person to distribute for commercial purposes, at no cost or
at minimal cost, or to sell, give or furnish to a minor under 18 years
of age any cigarettes made of tobacco or of any other matter or substance
which can be smoked or any cigarette paper or tobacco in any form,
including smokeless tobacco, either from a vending machine or by retail
counter sales; and
(b)
Whereas, a recent study conducted by the City
of Clifton Health Department, entitled the "Tobacco Age-of-Sale Program,"
revealed that out of 110 sites which provided for the sale of tobacco
products within the City of Clifton, 45 merchants did not comply with
the law and sold tobacco products to minors; and
(c)
Whereas, in November 1994, the City of Clifton
initiated legislation requiring cigarette vending machines located
within the City to possess locking devices which require the purchaser
to request that the machine be unlocked prior to use, requiring the
seller to confront the buyer and ascertain his/her age prior to unlocking
the machine; and
(d)
Whereas, notwithstanding the City's ordinance
relating to locking devices, 13 sales were made as part of the Health
Department survey to a minor through such devices and nine vending
machines were found not possessing locking devices; and
(e)
Whereas, each day 84 young people in New Jersey,
at an average age of 11 years old, start to smoke; and
(f)
Whereas, 40% of New Jersey seventh and eighth
graders have smoked in their lifetime; and
(g)
Whereas, a recent study showed that 64% of New
Jersey seventh and eighth graders reported that it is very easy for
them to obtain cigarettes; and
(h)
Whereas, the rate of smoking among adults has
dropped nearly 50% between 1971 and 1993; and
(i)
Whereas, nearly 90% of all smokers start by
or before the age of 18; and
(j)
Whereas, the tobacco industry spent over $6
billion in 1993 to advertise, market and promote tobacco products
in the United States; and
(k)
Whereas, tobacco was second only to automobiles
as the most heavily advertised product in America in 1993; and
(l)
Whereas, the expenditures on advertising, marketing
and promoting tobacco in the United States have increased 1,562% between
1971 and 1993; and
(m)
Whereas, during that same period, all tobacco
manufacturers repeatedly pledged to adhere to a voluntary industry
code that prohibited advertisements that appealed or influenced children;
and
(n)
Whereas, recently uncovered documents from R.
J. Reynolds Tobacco Co., Philip Morris Co., U.S. Tobacco Co. and other
tobacco companies explicitly refer to marketing cigarettes and smokeless
tobacco to minors; and
(o)
Whereas, the rate of smoking among all high
school students nationwide increased over 26% between 1991 and 1996,
and now stands at its highest rate since 1981 (CDC May 1996 report);
and
(p)
Whereas, 89% of children smoke the three most
heavily advertised brands of cigarettes, yet only 40% of adults smoke
those same brands; and
(q)
Whereas, a peer-reviewed study in the Journal
of the American Medical Association concluded that "[c]igarette advertising
encourages youth to smoke and should be banned"; (Pierce et al., JAMA,
December 11, 1991); and
(r)
Whereas, the Centers of Disease Control and
Prevention recently found that "[c]igarette marketing practices appeared
to be the factor most likely to account for [the] increase in teen
smoking initiation rates" (MMWR July 21, 1995); and
(s)
Whereas, the National Institute of Medicine
stated that "the substantial convergent evidence that advertising
and promotion increases tobacco use by youths is impressive and, in
the Committee's view, provides a strong basis for legal regulation";
(NIM Report, NAS 1994); and
(t)
Whereas, a 1996 survey of 300 advertising executives
found that nearly 2/3 of them believe the goal of cigarette advertising
is to target teenagers, and 82% believe children are getting the smoking
message; (WSJ December 18, 1996); and
(u)
Whereas, dozens of independent scientific studies
and reports published by the National Academy of Sciences, the Office
of the Surgeon General, the Journal of the American Medical Association,
the Journal of the National Cancer Institute, the Journal of Public
Health Policy and Health Psychology, among others, show how the tobacco
industry advertising appeals to children and influences children to
start smoking, use smokeless tobacco, illegally buy cigarettes and
smokeless tobacco and continue smoking and using smokeless tobacco;
and
(v)
Whereas, at the present time, there are 33 locations
within 1,000 feet of schools, school bus stops, day-care centers,
parks, playgrounds, youth centers and places of worship in the City
of Clifton where billboards are sited; and
(w)
Whereas, outdoor advertisements within 1,000
feet of schools, playgrounds and other facilities where children congregate
subject children to an involuntary and unavoidable form of solicitation
to engage in an unlawful activity; and
(x)
Whereas, this subsection only addresses a subset
of stationary tobacco advertisements located exclusively within the
borders of the City of Clifton; and
(y)
Whereas, this subsection does not restrict in
any way the legal sale of tobacco, tobacco product packaging or labeling,
or tobacco advertising that is distributed across state lines; and
(z)
Whereas, this subsection does not affect the
ability of manufacturers and retailers of tobacco to market tobacco
products lawfully to adults via magazines, newspapers, direct mail,
consumer products, sporting and cultural events, catalogs, the Internet,
inside-the-store advertising, outdoor advertising not near the enumerated
facilities where children congregate and a variety of other means;
and
(aa)
Whereas, the Municipal Council of the City of
Clifton hereby finds upon careful consideration of the information,
studies and reports cited herein that tobacco advertising contributes
to a significant and material degree to the violation of the laws
governing the sale, purchase, distribution, possession and use of
tobacco products by persons under 18 years of age, the Municipal Council
of the City of Clifton hereby enacts the following legislation to
help prevent the illegal marketing of tobacco products to youth:
(2)
It shall be unlawful for any person, partnership,
corporation, business association or any other entity to display a
tobacco advertisement in a publicly visible location on or within
1,000 feet of the perimeter of any school premises, designated school
bus stop, day-care center, park, playground, youth center or established
place of worship within the City of Clifton. Any such tobacco advertisements
located in said areas prior to the effective date of this act must
either be removed or permanently and completely covered at the time
this subsection takes effect. This subsection shall not apply to:
(a)
A single sign, poster, placard or label within
10 feet of an entrance to an establishment which sells tobacco products
if such sign, poster, placard or label is no larger than six square
feet and contains only black printing on white background; provided,
however, that such sign contains only one or more of the following
words: "tobacco," "tobacco products," "cigarettes," "cigars," "pipe
tobacco," "smokeless tobacco," "dissolvable tobacco," "bidis," "hookah,"
"sold here," "available," "for sale," "here."
[Amended 7-19-2022 by Ord. No. 7749-22]
(b)
Any tobacco advertisement on a licensed taxicab
or autobus.
The following signs shall be permitted in R
Districts:
A.
One nameplate not exceeding one square foot in area
and identifying a professional office conducted in the building on
which such sign is displayed. Any illumination thereof shall be indirect
and nonintermittent.
B.
One bulletin board sign, not exceeding 12 square feet
in surface display area, shall be permitted for a house of worship,
provided that if said bulletin board sign is not attached to the facade
of the building, it shall be located no closer than 10 feet to a street
line. Such signs may be illuminated by backlighting or by direct lighting,
provided that the latter is so screened that light is not directed
or reflected toward any adjacent residence.
C.
Private schools, clubs and permitted institutional
uses may identify themselves with one nameplate sign not exceeding
nine square feet of surface display area, provided that if said sign
is not attached to the facade of the building, it shall be set back
from the street line a distance of 18 feet or more.
D.
Bulletin board directory signs not exceeding 12 square
feet of surface display area shall be permitted in apartment dwelling
groups, provided that only one such sign shall be maintained for each
street frontage upon which the apartment dwelling group fronts, provided
further that such sign or signs shall be set back from the street
line a distance of 18 feet or more and that only backlighting shall
be used to provide artificial illumination.
E.
Any structure containing a use permitted in a B or
M District but not an R District and which exists as a nonconforming
use may display flat business signs on the wall of said structure,
the aggregate area of which sign shall not exceed 10% of the facade
of the first story. Any illumination of such signs shall be indirect
and nonintermittent.
F.
One sign not exceeding four square feet in area advertising
the sale of agricultural or horticultural products grown on the premises.
G.
One for-sale or for-rent sign not exceeding four square
feet in area, advertising only the property on which it is displayed.
[Amended 7-2-1985 by Ord. No. 4988-85]
The following types of signs shall be permitted
in B and M Districts:
A.
Flat signs which shall not project more than six inches
beyond the building facade and/or one sidewall thereof.
B.
Nonflashing illuminated flat signs which shall not
project more than 11 inches beyond the building facade and/or one
sidewall thereof.
C.
Ground signs which must observe all building setback
lines and which do not exceed a height of 20 feet above the grade
of the roadway to which the sign is directed.
D.
Roof signs attached to the roof of a building, provided
that such sign shall be set back at least four feet from the facade
of the building and shall have not less than two feet of bottom open
space along its entire length. No sign shall be attached to or placed
upon another sign.
The permitted total surface display area of
permitted signs in the respective following districts shall not exceed
the square footage figures produced by application of the following
formulas (street frontage being expressed here in linear feet):
A.
B-A and B-A1 Districts: 0.30 times the street frontage
plus 0.10 times the secondary street frontage in the case of a corner
lot.
B.
B-B Districts: 1.25 times the total principal street
frontage plus 0.30 times the secondary street frontage in the case
of a corner lot.
C.
B-C Districts.
(1)
Permitted business signs: 2.0 times the principal
street frontage plus 1.0 times the secondary street frontage in the
case of a corner lot.
(2)
Additional business sign quota for dual entrance stores.
Structures containing stores which maintain both street front and
rear parking entrances for the general use of customers may, in addition
to other provisions of this article, provide additional business sign
area on such prescribed rear facade to an extent of 0.30 times the
building width or portion thereof devoted to retail commerce, said
building being measured in linear feet as fronting upon such rear
parking lot.
D.
B-D Districts:
(1)
Permitted business signs: 2.5 times the total principal
street frontage plus 1.0 times the secondary street frontage in the
case of a corner lot.
(2)
Permitted advertising signs: 2.5 times the total principal
street frontage plus 1.0 times the secondary street frontage in the
case of a corner lot.
(3)
Advertising signs on vacant lots: 5.0 times the principal
street frontage plus zero-tenths (2.0) times the secondary street
frontage in the case of a corner lot. If the figure produced by the
application of this formula to a given lot exceeds 199 square feet
but not 500 square feet, the applicant may erect two advertising signs
not exceeding 500 square feet in total surface display area.
E.
M-1 Districts. The same formulas as for B-D Districts
shall apply.
F.
M-2 Districts. The same formulas as for B-D Districts
shall apply.
G.
M-3 Districts. The same formulas as for B-D Districts
shall apply.
[Added 5-3-1983 by Ord. No. 4805-83]
[Amended 7-2-1985 by Ord. No. 4988-85; 3-1-1988 by Ord. No. 5249-88]
Advertising signs shall not be permitted, nor shall any advertising sign be erected, in an R, B-A, B-A1, B-B, B-C, PCD or PCRD District. In B-D and M Districts, advertising signs shall be permitted as a conditional use to be granted by the Planning Board and limited as provided for in § 461-58 of this article.
[Amended 7-16-2002 by Ord. No. 6295-02]
A.
Billboard, wall, roof and ground advertising signs
shall be limited to the number in existence at the time of the passage
of this section, and may be replaced or relocated in permitted districts
within one year after the billboard, wall, roof or ground sign is
destroyed or removed from the original location. The replacement or
relocated billboard, wall, roof or ground advertising sign shall not
exceed in size the total square footage of the billboard(s), wall
sign(s), roof or ground advertising signs that same is replacing,
and shall be subject to all other provisions of the district in which
same is to be located.
B.
The applicant shall provide a description of any proposed
sign(s) that is to be removed or replaced, including the location
and size, in order to consider the proposed sign.