Where a lot is bounded by more than one street, the front yard setback requirement from each abutting street shall be met. On a corner lot the owner may select any street as the front of the lot, regardless of which direction the building faces. The yard opposite the front of the lot shall be considered the rear yard for purposes of meeting the minimum rear yard requirement. In the case of an existing developed corner lot lacking yards meeting the minimum requirements of this part, the front-yard and rear yard shall be those yards most nearly approaching the minimum requirements of this part.
The height provisions of this part shall not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located, provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this part shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
No transportable or wheel-based structures or other temporary structure used as an office, storage shed or other use incidental to and in connection with a permitted construction project or building shall be placed on the site unless the Construction Official shall first have issued a temporary permit therefor. Such structure shall not be located so as to be detrimental to any adjoining property and shall be removed from the site prior to the issuance of a certificate of occupancy for the permitted construction project or building.
A. In the residential, office building and commercial residential zones, outdoor storage is prohibited. This shall not be deemed to include the display and sale of seasonal farm produce or specifically permitted outdoor uses, the outdoor parking of farm machinery or vehicles in use on a farm or normal outdoor storage, such as storage of firewood, in residential zones.
B. In the commercial, commercial-industrial and research, office and manufacturing zones, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by special planting or a fence, as approved by the Planning Board. No storage area shall be located in a front yard nor in a side yard adjoining a street. Said storage area shall meet the location requirements for accessory buildings. These provisions shall not preclude the outdoor storage and display in any yard of plant material by commercial greenhouses and plant nurseries nor motor vehicles being offered for sale by motor vehicle sales establishments, provided that such storage or display is located at least 50 feet from a street and 25 feet from a property line.
C. In any zone, there shall be no outdoor storage of grit, gravel, sand, salt, chemicals, fertilizer or other material intended for any purpose, including landscaping, road and parking area maintenance.
A. Title. This section shall be known as the "Clinton Township Shed Ordinance."
B. Intent. It is in the interest of the safety of the residents of the Township to be allowed to construct safe and securely anchored sheds for the storage of materials and equipment. Tools and mowers with their accompanying oil and gasoline cans, paints, solvents and similar materials are more safely stored in a shed than in a house or garage. It is the intent of this section to permit such storage shed built to reduced requirements and restrictions.
C. As used in this section, the following terms shall have the meanings indicated: [Amended 2-28-1996 by Ord. No. 606-96]
SHED - A structure with dimensions that are not less than 100 square feet nor greater than 200 square feet in area and not exceeding 10 feet in height at the eaves and used solely for storage and not for housing of animals. [Amended 5-26-2004 by Ord. No. 847-04]
D. Construction standards.
(l) The shed shall be either prefabricated or custom built.
(2) The entire shed shall be constructed and installed in accordance with the provisions regulating sheds in the Uniform Construction Code, N.J.A.C. 5:23-9.9, as presently adopted or as amended in the future. [Amended 7-19-2007 by Ord. No. 930-07]
E. Setbacks. Setbacks from side and rear yard lines may be reduced to 10 feet, except in Zones SR and VR, where the setback may be reduced to six feet. [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]
F. Number of sheds permitted. One shed as defined in this section shall be permitted on each lot in a residential zone.
G. Permit required. Prior to the construction or installation of a shed, a construction permit shall be obtained from the Construction Official per the fee schedule. [Amended 5-26-2004 by Ord. No. 847-04]
H. Violations and penalties. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be liable to the penalty established in Chapter 1, § 1-17.
Whenever additional street right-of-way is obtained by the Township, County of Hunterdon or State of New Jersey for a road improvement, by purchase, donation, dedication, condemnation or by other legal means, the required minimum lot area of an existing lot shall be reduced by the same area deeded to the Township, county or state as aforesaid.
On a street corner a fence, structure or planting over 24 inches in height above the curb or edge of roadway shall not be erected or maintained within a triangle formed by the intersecting street right-of-way lines and a line connecting said right-of-way lines and located 50 feet from their point of intersection.
Not more than one commercial vehicle shall be parked or garaged on a lot used for residential purposes. Said vehicle shall be owned, leased or regularly used by a resident of the premises and shall be limited to the single-wheel variety. This provision shall not be deemed to limit the number or type of commercial vehicles in use on a farm.
The outdoor storage or parking in the open in residential districts of recreational equipment and vehicles, such as, but not limited to, trailers of any kind, boats, pickup coaches and motorized homes, is only permitted subject to the following conditions:
A. Any such vehicle or piece of equipment shall be owned or leased by a resident of the premises.
B. Any such vehicle or piece of equipment shall be located in a side or rear yard only, but in no event in a side yard adjoining a street.
C. Any such vehicle or piece of equipment shall be located so as to meet yard and setback requirements applicable to accessory buildings.
D. No such parking or storage shall preempt any required off-street parking area.
E. Any such vehicle or piece of equipment shall be screened from view from an adjoining property or street by fencing or dense evergreen planting, except where existing natural screening exists or where topographic conditions would render such screening ineffective.
A. Aboveground storage tanks (ASTs) are permitted for residential, farm, industrial, governmental and commercial uses where the ASTs are used only for fueling vehicles in connection with their own operations. All tanks shall have Underwriter's or American Petroleum Institute (API) approval. Tank locations shall be at least 40 feet from a property line and at least 10 feet from any building, and shall meet the distance setback requirements specified in National Fire Protection Association, Inc. (NFPA) Flammable and Combustible Liquids Code (NFPA 30) and Automotive and Marine Service Station Code (NFPA 30A). ASTs shall be labeled with six-inch letters as to the tank content, and the AST shall be painted with rust-inhibiting white paint. Such ASTs shall be considered an accessory use.
B. The storage of combustible and flammable liquids shall be in conformance with the National Fire Protection Association, Inc. (NFPA) Flammable and Combustible Liquids Code (NFPA 30) and Automotive and Marine Service Station Code (NFPA 30A).
C. Individual tanks serving farm, industrial, governmental and commercial uses shall not exceed 10,000 gallons in capacity with a maximum aggregate capacity of 18,000 gallons per facility.
D. Individual tanks serving residential uses shall not exceed 550 gallons in capacity for flammable liquids and 1,100 gallons in capacity for combustible liquids.
[Amended by Ord. No. 552-94; 3-25-1998 by Ord. No. 647-98; 5-14-2008 by Ord. No. 963-08]
A. Short title. This section shall be known as the "Sign Regulations of the Township of Clinton, Hunterdon County, New Jersey."
B. Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:
(1) Encourage the effective use of signs as a means of communication in the Township;
(2) Maintain and enhance the aesthetic environment and the Township's ability to attract sources of economic development and growth;
(3) Improve pedestrian and traffic safety;
(4) Minimize the possible adverse affect of signs on nearby public and private property;
(5) Foster the integration of signage with architectural and landscape designs;
(6) Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
(7) Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
(8) Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
(9) Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;
(10) Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;
(11) Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
(12) Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
(13) Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
(14) Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
(15) Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;
(16) Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
(17) Protect property values by precluding to the maximum extent possible sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
(18) Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;
(19) Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings in recognition of the Township's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;
(20) Preserve and enhance the rural and historic character of the Township; and
(21) Enable the fair and consistent enforcement of these sign regulations.
C. Prohibited signs. The following signs and sign types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of § 165-109D.
(1) Billboards.
(2) Revolving signs.
(3) Flashing signs.
(4) Animated signs.
(5) Wind signs.
(6) Portable signs.
(7) Roof signs.
(8) Abandoned and discontinued signs.
(9) Snipe signs; bandit signs.
(10) Projecting signs, except as expressly allowed.
(11) Bus bench advertising signs; bus shelter advertising signs.
(12) Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.
(13) Signs that have unshielded illuminating devices and/or that do not fully comply with the Township's lighting ordinance regulations contained within § 165-74.
(14) Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
(15) Wall signs that exceed 200 square feet in sign area.
(16) Freestanding signs that are higher than 15 feet.
(17) Signs within a sight triangle.
(18) Signs in the public right-of-way, other than traffic control device signs, warning signs or safety signs.
(19) Signs other than a traffic control device sign that use the word "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate an official traffic control device signs, and which are adjacent to the right-of-way of any road, street, or highway.
(20) Signs prohibited by state or federal law.
(21) Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not regularly used in the conduct of the business or activity advertised on the vehicle, and is visible from a street right-of-way within 100 feet of the vehicle; and is parked for more than five consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.
(22) Signs located on real property without the permission of the property owner.
(23) Beacon signs, except as required by federal or state law.
(24) Intermittent signs.
(25) Sandwich board signs.
(26) Signs located, painted or affixed on a water tower, storage tower, or cell tower that are visible from a public street or roadway.
D. Nonconforming signs. A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this section and with any other applicable law or regulation.
E. Exemptions. This section does not pertain to the following:
(1) A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.
(2) A sign on a car, other than a prohibited vehicle sign or signs.
(3) A statutory sign.
(4) A traffic control device sign.
(5) Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.
F. Permits.
(1) Building permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.
(2) Sign permits.
(a) Allowed temporary signs, except for special event signs, of the type described in Subsection M of this section shall be exempt from sign permitting hereunder. Temporary special event signs shall require a permit.
(b) Allowed permanent signs of the type described in Subsection M of this section shall be exempt from sign permitting hereunder.
(c) No sign permit shall be issued for the erection of a prohibited sign.
(d) Unless exempt from permitting as provided in Subsection M of this section, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee, if any, is paid to the Township.
(e) A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this section and this Code.
(a) A sign permit application shall be made upon a form provided by the Township. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or this Code. The applicant shall furnish the following information on or with the sign permit application form:
[1] The block, lot and street address of the real property where the sign is proposed to be located.
[2] The zoning district for the real property on which the sign will be located.
[3] The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.
[4] A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.
[5] The name, mailing address and telephone number of the sign contractor.
[6] Type of proposed sign (e.g., wall sign or freestanding sign).
[7] The proposed sign area.
[8] The cost of the proposed sign.
[9] If the proposed sign is a freestanding sign:
[a] The height of the proposed freestanding sign.
[b] The sign area of the freestanding sign and the dimensions utilized to calculate the size.
[c] The distance between the closest existing freestanding sign and the proposed freestanding sign as measured in each direction along each abutting street or right-of-way.
[d] The location, height and area of any existing freestanding sign on the same lot where the proposed freestanding sign will be located.
[10] If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.
[11] The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.
[12] Whether the proposed sign will be an illuminated or nonilluminated sign.
(b) An applicant shall deliver a sign permit application for a permanent sign to the Township's Zoning Officer or his or her designee, or such other person as designated by the Township. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this section and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign and the applicant may appeal to the Board of Adjustment pursuant to the MLUL.
(4) Fees.
(a) Sign permit fees. Every person making an initial application for a sign permit shall pay a sign permit fee to the Township at the time of the application. This sign permit fee shall be deemed a zoning permit fee and shall be in accordance with the zoning permit fee schedule set forth in § 165-13 of this Code.
(b) Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.
(5) Conditions.
(a) Duration of permit. If the work authorized under a sign permit has not been completed within 180 days after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.
(b) Maintenance of signs.
[1] All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:
[a] If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.
[b] If the sign is painted, the painted surface shall be kept in good condition.
[c] Every sign shall be kept in such manner as to constitute a complete or whole sign.
[2] Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. A lawfully erected nonconforming sign shall not be structurally altered except in full conformance with this section.
G. Sign illumination. The illumination of signs, where allowed, shall comply with § 165-74 of the Land Use Regulations of Clinton Township.
H. Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this section or this Code to the contrary, any sign erected pursuant to the provisions of this section or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type, and provided that the size, height, setback and other dimensional criteria contained in this section and this Code have been satisfied.
I. Content neutrality as to sign message (viewpoint). Notwithstanding anything in this section or this Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.
J. Setback measurement. Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.
K. Double-faced signs. Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back with a maximum distance of 18 inches between the two sign faces and directionally oriented 180 degrees from each other. The maximum sign area allowed shall be permitted for each sign face.
L. Temporary on-site special event signs.
(1) Temporary on-site special event signs shall be permitted in all districts, provided they have been approved by the Zoning Officer as meeting the following content-neutral criteria:
(a) The signs are temporary signs for a limited time and frequency, limited to one per event;
(b) The signs are for a special event as defined herein (see special event sign);
(c) The temporary signs will not exceed 24 square feet in sign area and six feet in height;
(d) The temporary signs will not conceal or obstruct adjacent land uses or signs;
(e) The temporary signs will not conflict with the principal permitted use of the site or adjoining sites;
(f) The temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
(g) The temporary signs will be installed and maintained in a safe manner; and
(h) The display of temporary signs for a special event shall not begin any earlier than three weeks before the event and shall be removed within two business days after the event.
(2) Consistent with Subsection I of this section, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within 10 days after an application is made for such temporary signs. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign, and the applicant may appeal to the Board of Adjustment. Such a decision shall be deemed an administrative interpretation, and any person adversely affected has the right to appeal the decision to the Board of Adjustment pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-70; however, the appeal shall be accelerated and shall be heard by the Board of Adjustment and determined within 30 days after the appeal is filed, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-70.
M. All districts. The regulations in this section apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for the signs and sign types described and identified in this subsection.
(1) Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.
(2) Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.
(3) Directional signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.
(4) Parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign area, shall be for a noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.
(5) Free expression signs. For each parcel, one free expression sign not. exceeding four square feet in sign area may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zoning district. Only one such sign shall be permitted on each lot.
(6) Election signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed four square feet in sign area if located on a lot in a residential district and shall not exceed 24 square feet in sign area if located on a lot in a nonresidential district. If the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains.
(7) Flagpoles. One flagpole is allowed for each parcel. A flagpole shall not exceed 35 feet in height and shall be subject to setbacks in the applicable zones in which it is located.
(8) Flags. For each flagpole, two flags not greater than 24 square feet in sign area each may be displayed.
(9) Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts.
(10) Temporary construction signs. One temporary construction sign shall be allowed on a lot, subject to the following limitations:
(a) Number. For each lot, one temporary construction sign shall be permitted.
(b) Size and height. For a lot in a residential district, a temporary construction sign shall not exceed four square feet in sign area and three feet in height; and for a lot in a nonresidential district, a temporary construction sign shall not exceed 24 square feet in sign area and six feet in height.
(c) Setback. Temporary construction signs shall be set back from any lot line by at least five feet.
(d) Duration. Temporary construction signs shall be removed within seven days following the issuance of the certificate of occupancy or the expiration date of any applicable building permit, whichever shall first occur.
(11) Temporary real estate signs.
(a) Number. One temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.
(b) Size and height. For residential uses, the temporary real estate sign shall not exceed four square feet in sign area and three feet in height; and for a nonresidential use, the temporary real estate sign shall not exceed 24 square feet in sign area and six feet, in height.
(c) Setback. Temporary real estate signs shall be set back from any lot line by at least five feet.
(d) Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.
(12) Temporary garage-yard sale signs. For each parcel with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:
(a) Number. One temporary garage-yard sale sign may be displayed.
(b) Size and height. A temporary garage-yard sale sign shall not exceed four square feet in sign area and three feet in height.
(c) Setback. A temporary garage-yard sale sign shall be set back from any lot line by at least five feet.
(d) Duration. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.
(13) Temporary window signs. For each lot, one or more temporary window signs may be displayed. On lots that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On lots that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.
(14) Temporary future development signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations:
(a) Number. No more than one such sign shall be allowed upon any property held in single and separate ownership.
(b) Size and height. A temporary future development sign shall not exceed 24 square feet in sign area. A temporary future development sign shall not exceed six feet in height.
(c) Setback. A temporary future development sign shall be set back from any lot line by at least five feet.
(d) Duration. Temporary future development signs shall be removed within seven days after the last dwelling has been sold.
N. Rural and residential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent and temporary signs are also allowed within the rural and residential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. The permanent signs described below require a sign permit.
(1) Freestanding signs and wall-mounted signs for multifamily residential uses. For each permitted multifamily residential use, there may be one permanent freestanding identification sign located on each public street frontage from which public vehicular access is derived and one wall identification sign for each building. A permanent freestanding identification sign shall not exceed 24 square feet in sign area and shall not exceed six feet in height. A permanent wall identification sign shall not exceed eight square feet in sign area.
(2) Freestanding signs and wall-mounted signs for institutional, quasi-public and public uses. For each permitted institutional, quasi-public or public use, there may be one permanent freestanding or wall-mounted identification sign that does not exceed 20 square feet in sign area. Freestanding signs shall not exceed six feet in height.
(3) Temporary agricultural produce signs. For an allowed agricultural use, one temporary agricultural produce sign may be displayed. A temporary agricultural produce sign shall not exceed four square feet in sign area. A temporary freestanding agricultural produce sign shall not exceed six feet in height.
O. Nonresidential districts. In addition to the permanent and temporary signs and sign types that are allowed pursuant to Subsection M of this section, the following permanent signs are also allowed within the nonresidential districts designated in the Clinton Township Land Use Regulations, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.
(1) Permanent freestanding signs. Permanent freestanding signs are allowed as follows:
(a) Number. One permanent freestanding sign is permitted for each lot containing a permitted use.
(b) Height. The height of a permanent freestanding sign shall not exceed eight feet.
(c) Size. The maximum sign area of a permanent freestanding sign shall not exceed 25 square feet. For each additional foot of setback above the minimum fifteen-foot setback requirement, the sign area may be increased by an additional five square feet, but in no event shall the sign area exceed 200 square feet.
[1] A permanent freestanding sign shall be set back at least 15 feet from each lot line and right-of-way.
[2] A permanent freestanding sign shall be offset at least 100 feet from any other permanent freestanding sign.
[3] If a permanent freestanding sign is on a corner lot, it shall be offset at least 300 feet, measured along the right-of-way, from any other permanent freestanding sign.
[4] A permanent freestanding sign shall comply with any additional setback requirements in this Code.
(2) Permanent wall signs.
(a) Number. Two permanent wall signs per principal building facade that faces a street are permitted.
(b) Size. The aggregate sign area for wall signs shall not exceed 10% of the front facade area of the principal building to which the signs are affixed, or 200 square feet, whichever is less.
(3) Incidental signs. Up to four incidental signs are permitted to be attached to a freestanding sign structure or to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.
P. Administration and enforcement.
(1) The Zoning Officer shall be the enforcing official of this section.
(2) Whenever a temporary sign is erected or maintained in violation of this section, the Zoning Officer may remove the same at any time without notice.
(3) Whenever a temporary sign is erected or posted on public property in violation of this section the same shall be considered litter and may be removed at any time.
(4) Whenever a permanent sign is erected or maintained in violation of this section or any other provision of this Code, or whenever in the opinion of the Zoning Officer any sign becomes unsafe or endangers the safety of a building or premises or the public safety, the Zoning Officer shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign be brought into conformance or removed within 30 days of receipt of the letter. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Officer may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.
(5) The Zoning Officer may cause any sign or sign structure to be removed summarily and without written notice at the expense of the owner of the sign and the owner of the premises on which the sign is located, if it is an immediate peril to persons or property by virtue of its construction or moorings.
Q. Appeals to the Board of Adjustment. Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this section (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70. The appellate decisions of the Board of Adjustment shall be deemed final, subject to judicial review as provided by law.
R. Violations and penalties. Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this section shall be, upon conviction thereof, liable to all of the penalties set forth in Article XXXVIII of this chapter except imprisonment.
S. Transition rules. Any permit issued prior to the effective date of the adoption of the sign regulations that comprise this section shall remain valid until the earlier of the date that said permit expires by its own terms or 90 days after the effective date of the adoption of this section.
T. Severability.
(1) Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements, or otherwise.
(2) Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this section, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under Subsection C of this section.
