Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted by the Council of the Township of Montclair 12-20-1983 by Ord. No. 83-50]
[Amended 11-12-1991 by Ord. No. 91-48]
As used in this article, the following terms shall have the meanings indicated:
AWNING
A fabric awning or a nonfabric awning, which are defined as follows:
[Amended 2-11-2008 by Ord. No. 08-05]
A. 
A temporary rooflike structure consisting of framing covered with an opaque fabric mounted solely on and projecting from the wall of a building for the purpose of shielding windows or doorways. Backlit fabric shall not be permitted. Such structures may be fixed or retractable with a mechanism for raising and holding the frame against the wall of the building.
B. 
A temporary rooflike structure consisting of framing mounted solely on and projecting from the wall of a building for the purpose of shielding windows or doorways or as a decorative architectural feature over windows or doorways. Backlit structures shall not be permitted. Such structures may be fixed or retractable with a mechanism for raising and holding the frame against the wall of the building.
CANOPY
A temporary rooflike structure consisting of framing covered with an opaque fabric mounted partly on and projecting from the wall of a building and supported partly by stanchions anchored in the sidewalk for the purpose of weather protection at doorways. Backlit fabric shall not be permitted.
MARQUEE
A rooflike structure mounted entirely or partly on the wall of a theater building for the purpose of weather protection at doorways and the advertisement of theater events.
[Amended 11-12-1991 by Ord. No. 91-48]
Awnings, canopies or marquees associated with principal uses in the N-C, C-1 and C-2 Zones may project into the public right-of-way, provided that such temporary structures comply with the following:
A. 
Retractable awnings. Retractable awnings within the public right-of-way shall have no part of the frame less than seven feet above the sidewalk and no part of the fabric covering or valance less than six feet nine inches above the sidewalk. Such structures shall extend no less than two feet, six inches and no more than six feet into the public right-of-way.
[Amended 6-29-1993 by Ord. No. 93-26; 11-26-2002 by Ord. No. 02-53]
B. 
Fixed awnings. Fixed awnings within the public right-of-way shall comply with the regulations for retractable awnings, except that such fixed structure shall extend no less than two feet, six inches and no more than four feet into the public right-of-way.
[Amended 11-26-2002 by Ord. No. 02-53]
C. 
Canopies. Canopies within the public right-of-way shall be permitted only at the principal entrance of a theater, restaurant or other place of assembly having a seating occupancy of at least 50 persons or at the principal entrance of an apartment building having 50 or more dwelling units. Canopies shall have no part of the frame less than eight feet above the sidewalk and no part of the fabric covering or valance less than seven feet above the sidewalk. Such structures shall not project horizontally closer than two feet from the curb.
D. 
Marquees. Marquees within the public right-of-way shall be permitted only at the principal entrance of a theater or a group of theaters having a total seating occupancy of at least 150 persons. Such structures shall not project horizontally closer than two feet to the curb nor be less than 10 feet above the sidewalk.
A. 
As temporary structures, the placement of awnings or canopies within the public right-of-way shall not confer any rights restricting the full public use of the right-of-way. Upon written notice by the Township Council, any such intrusion in the public right-of-way shall be removed within 30 days of notification, regardless of whether such structure complies with the terms of this article. The Township may require the removal of any awning or canopy which becomes so deteriorated as to be unsightly or for reasons of the public health, safety or convenience.
B. 
Except for removal by the Township Council as stated above, any awning or canopy not in compliance with the regulations of this article shall be allowed to be retained for a two-year period from the date of adoption of this provision. Following the two-year period, all nonconforming awnings and canopies (but not marquees) shall be removed by the property owner or commercial tenant.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.