Asbury Park City Zoning Code

Key Map. A map at a scale of not less than one (1) inch equals two hundred (200) feet showing the entire development, zone districts, and its relation to all features shown on the Official Map and Master Plan located within five hundred (500) feet of the extreme limits of the development.

Structures, Wooded Areas and Topography. The location and dimensions of existing and proposed buildings and structures, including dimensions from all existing and proposed lot lines; existing vegetation; all isolated trees more than eight (8) inches in diameter (measured four (4) feet above ground); and the topography within the portion to be developed and within one hundred (100) feet thereof at two (2) foot contours.

Owners. The name of the owner of the subject property and all owners of property contiguous to and across existing or proposed streets from the subject property as disclosed by the most recent Municipal tax records.

Identity. The Tax Map sheet, block and lot numbers and Zone District.

Easements, Watercourses and Rights-of-Way. The location of existing or proposed streets, roads, easements, public rights-of-way, streams, bridges, culverts, drainage ditches, natural watercourses, flood control basins, floodways and floodplains, in and within two hundred (200) feet of the development.

Public Areas. Any existing or proposed parks, Municipal lands, school sites, historic sites or other public areas shown on the duly adopted Master Plan and/or Official Map.

Lots. The existing and proposed lot layout, lot dimensions, all required setback lines, and lot areas of each lot in square feet. Lots shall be designated by letters for minor subdivisions and by consecutive numbers for major subdivisions until given official lot number designations by the City.

Date of original plan and any revisions, current name, and the old name if submitted previously under a different title.

Architectural drawings, including floor plans, roof plans, building elevations and cross sections.

Any other information required by the Board.

Key Map. A map at a scale of not less than one (1) inch equals two hundred (200) feet showing the entire development, Zoning District, and its relation to all features shown on the Official Map and Master Plan located within five hundred (500) feet of the extreme limits of the development.

Lots. Lot layout, lot dimensions, all required setback lines, and individual lot areas in square feet and acreage. Lots shall be designated by consecutive numbers until given an official lot number designation by the City.

Other Contents. The plan name, Tax Map sheet and date, if revision, block and lot numbers, date of plan preparation, reference meridian, scale, graphic scale and the following names and addresses:

Acreage. Acreage of tract to be developed to nearest hundredth of an acre.

Elevations and Contours. Sufficient elevations and contours at two (2) foot vertical intervals to determine the general slope and natural drainage of the land and the high and low points for the entire tract and for a distance of one hundred (100) feet from the tract boundary.

Existing and Proposed Features. The location of all existing and proposed property lines, streets, buildings, structures, parking areas, driveways, watercourses, railroads, easements, bridges, culverts, drain pipes, sanitary sewers, water mains, gas mains, power lines and any natural features such as wooded areas, isolated trees over eight (8) inches in diameter (measured four (4) feet above ground). This data shall be determined by field and/or photogrammetric survey.

Streets. Preliminary plans and profiles at a scale of not less than one (1) inch equals fifty (50) feet horizontally and one (1) inch equals five (5) feet vertically including cross-sections every fifty (50) feet or as specified by the City Engineer of all proposed streets, curbs, gutters and sidewalks within the development and proposed connection with existing or future continuing streets. The radii distances of all street lines shall be shown.

Sewers, Drains, Ditches. Preliminary plans and profiles at a scale of one (1) inch equals fifty (50) feet horizontally and one (1) inch equals five (5) feet vertically of all proposed and existing sanitary sewers, storm drains, drainage ditches and streams within the development, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream or watercourse to which the proposed facility shall be connected.

Off-Site Improvements. When the development is contingent upon improvements outside the boundaries of the lot or tract to be developed, certification shall be supplied by the applicant, prior to Planning Board consideration for preliminary approval that the improvements outside the tract are installed and will be available to the applicant.

Setback Lines. All front, rear and side yard lines shall be shown for all lots.

Deed Restrictions. A copy of any existing and proposed covenants or deed restrictions applying to the land being developed shall be submitted with the preliminary plan.

Open Space. Any open space proposed to be dedicated for public use, playgrounds or other public purpose shall be shown on the plan.

Support Capability. When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board shall require test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory at the expense of the applicant under the direction of the City Engineer.

Parking. Indicate parking, loading and unloading areas with dimensions, traffic patterns, access aisles, parking stalls, curb radii and bumpers.

Solid Waste. Indicate location and design of existing and proposed methods of solid waste storage and disposal.

Landscaping and Buffering. Show what will remain and what will be planted. Indicate names of plants and trees, dimensions and spacing, approximate time of planting and maintenance plans. All biotic and nonbiotic landscape materials must be identified and illustrated, when necessary, with cross sections and elevations. Landscape plans submitted as part of an Application for Development under this section shall be prepared by a landscape architect certified by the New Jersey State Board of Architects and Certified Landscape Architects.

Lighting. Indicate types of standards and fixtures, locations, radii of light, and intensities in footcandles.

Signs. Indicate location, dimensions and details.

Architectural Plans. Include plans for proposed buildings prepared by an architect registered with the New Jersey State Board of Architects and Certified Landscape Architects. Drawings shall include floor plans, roof plans, building elevations and cross sections.

Identification. Date, name and key map of the development, name of owner, scale, graphic scale and reference meridian. The final plan shall be drawn at a scale of not less than one (1) inch equals fifty (50) feet.

Survey Data. Tract boundary lines, rights-of-way lines of streets, street names, easements, and other rights-of-way, land to be reserved or dedicated to public use, and all lot lines with accurate dimensions. Where appropriate, the bearings, distances, arc lengths, central angles, tangents, and radii of all curves and lot lines and areas of each lot in square feet shall be shown.

Public Use. The purpose of any easement or land reserved or dedicated for public use shall be indicated.

Block and Lots. All block, lot and house numbers shall be approved by the City Engineer and the Tax Assessor, and shall be related to existing block and lot numbers as shown on the Official Tax Map of the City.

Monuments. Location and description of all required monuments shall be shown.

Consent of Owner. Certification that the applicant is agent or owner of the land, or that the owner has given consent to file the plan.

Approval. When approval of a plan is required by any officer or body, whether Municipal, County or State, approval shall be certified on the plat.

Agreements. Agreements providing for ownership of common areas including the perpetual maintenance and continuance of ownership.

Changes from Preliminary Plan. An affidavit signed and sworn to by the applicant that the final plan is exactly the same as the preliminary plan approved by the Board. If there are changes, they shall be noted and the reasons indicated for the changes.

Certifications. The following certifications shall appear on the final plan, where appropriate:

Landscaping shall be provided as part of the overall development design and integrated into building arrangements, topography, parking, and buffering requirements. Landscaping should include trees, shrubs, ground cover, perennials, annuals, sculpture, art (where appropriate), and the use of building and paving materials in an imaginative and aesthetic manner. Landscaping shall be maintained and the owner shall be responsible for replacement of dead plants and damaged landscaping materials. All developments subject to major development approval including new public improvements shall include a landscaping plan prepared by an appropriate professional as part of the submission. Landscape improvements shall be installed pursuant to an approved landscape plan and shall be performed by a professional landscape contractor. Landscape buffers, consisting of screen plantings, berms, fences, walls, or combinations thereof, shall be incorporated into the landscape plan where appropriate or required. Particular emphasis should be given to areas of the site which border potentially conflicting adjacent land uses (see illustration). Buffering shall be located to minimize headlights, noise, lights from structures, and the movement of people and vehicles.

Where an application for either a major or minor development is made before the Planning Board or Zoning Board of Adjustment, such development plans must provide for one (1) street tree for every fifty (50) feet of street frontage that the lot(s) contain. In the event that the applicant can show that there are adequate, viable street trees existing at the site of the proposed development or that it is not practical to plant trees at the required location, a contribution equivalent to the cost of providing the required street trees shall be made to the City and designated for use by the Asbury Park Shade Tree Commission. When an applicant represents to the Board that adequate street trees exist adjacent to a proposed development site, the Planning Board shall condition its approval upon a determination by the Shade Tree Commission that the existing trees are viable or that the required planting locations are impractical. The approval shall be further conditioned upon payment by the applicant of a contribution to the City in an amount determined by the Shade Tree Commission to equal the cost of installation of the required street trees. With respect to the planting of new street trees in connection with an approved major or minor development, the Shade Tree Commission shall set minimum standards regarding acceptable species, plant size and planting procedures.

General. Sufficient exterior illumination shall be provided to ensure the safety of persons and security of property between the hours of sunset and sunrise. Lighting shall be designed so as to avoid the creation of hazards to pedestrians, vehicles or nuisances to adjoining property owners or residents. There shall be a preference for lighting that is certified Dark Sky Friendly by the International Dark-Sky Association. The following shall apply to all exterior lighting luminaires.

Specific Requirements for Parking Lots.

General. Proposed streets and extensions of existing streets shall conform to Master Plan and Official Map recommendations. Those streets not shown on the Master Plan or Official Map shall be designed and located to facilitate orderly circulation patterns, assure access by emergency vehicles, and provide for future connections to adjoining property.

Specific Requirements for Streets.

Specific Requirements for Curbs and Sidewalks.

Underground Utilities. In all developments all utility distribution services shall be installed underground. The applicant shall arrange with the serving utility for the underground installation of the utility's distribution supply lines, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are then on file with the State of New Jersey Board of Public Utilities Commissioners, and shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; except, however, that the Board in its discretion may permit lots which abut existing streets where overhead electric or distribution supply lines have heretofore been installed on any portion of the street involved, to be supplied with electric and telephone service from those overhead lines, but the service connections from the utility's overhead lines shall be installed underground. All underground utility work which will be under the pavement of the street shall be laid sufficiently in advance to allow for complete settlement of the trenches and in no event shall construction work be permitted over such excavation which, in the opinion of the City Engineer, has not properly settled.

In any particular situation where the applicant can clearly demonstrate that because of unusual topographic conditions or other unusual conditions having to do with the land, the installation of such utilities underground is impracticable or otherwise not feasible due to such condition, then the Planning Board, in its discretion, may waive this requirement for underground installation.

Stormwater drainage and wastewater utilities shall be installed as follows:

Refuse Storage. Refuse storage areas shall be so designed as to minimize any detrimental effect on the character of any development.

Laundry Facilities. In multifamily developments, adequate laundry equipment, including washers and dryers, shall be provided and conveniently located for the sole use of occupants. Drying yards shall be prohibited.

Television Reception. Facilities for television reception shall be built into all multifamily developments. Individual roof antennae of any kind shall not be permitted.

Swimming Pools. A single swimming pool may be provided as an accessory use for the sole use of occupants on the same site as a multifamily development. The pool shall comply in all respects with Article VI of this chapter, except that pool and any other recreation facilities shall set back not less than ten (10) feet from any property line and further provided that such facilities shall not be permitted in any required front yard.

Design and Facilities. In multifamily developments, accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the setback requirements set forth herein.

Storage. Adequate provision for the storage of such items as yard and garden equipment, fireplace wood, etc., shall be provided in all multifamily development.

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:

Approvals and Permits.

Requirements for New Installation of EVSE and Make-Ready Parking Spaces.

Minimum Parking Requirements.

Standards for All New EVSE and Make-Ready Parking Spaces.

Each application for residential development must include provisions for the collection, disposition, and recycling of recyclable materials. The plans shall indicate the location of space equal to at least twelve (12) square feet of floor area per dwelling unit conveniently arranged and located as a holding area for a four (4) week accumulation of materials. Such an area may be within a hidden laundry room, basement, garage or outdoor accessory building, but shall not be otherwise located outdoors in the open.

Each application for a nonresidential use which utilizes one thousand (1,000) square feet or more of floor area must include provisions for the internal collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly operation, including newspapers, white high grade paper, glass, aluminum, tin and bimetal cans and cardboard. The application shall provide a storage area sized to contain one (1) week of recyclable material. The storage area shall also be designed for truck access for pickup of materials and be suitably screened from view.

It shall be unlawful to damage or destroy any street tree in the City. Removal of street trees may be permitted with the approval of the City. No Certificate of Zoning Compliance for any new building shall be issued unless one (1) or more street trees have been planted in accordance with the provisions of this section and § 30-56.3 of the Land Development Regulations.

An applicant may make a written request that required street tree(s) will be planted within the earlier of six (6) months or sixty (60) days prior to the beginning of the next non-planting season. The non-planting season for the purpose of this section shall be June 15th to September 15th or any time of the year when the ground is frozen more than three inches below the surface of the soil.

Specifications for Street Tree Plantings.

Planting Requirements for Paved Areas.

Site Protection and General On-Site Planting Requirements.

Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including Green Infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," and "minor development" as defined below in Subsection 30-58.2.

Applicability.

Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of underwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with the last amended N.J.A.C. 7:8-5, incorporated herein by reference.

In the event the proposed development is considered "Minor Development" as defined in this section the applicant must comply with provision of Subsection 30-58.4.

The stormwater runoff requirements applicable to minor developments are as follows:

Soil Testing shall be performed to confirm the permeability of the soils and the depth of the water table and seasonal high water table.

The stormwater management feature shall be protected from future development by conservation easement, deed restriction, or other acceptable legal measures.

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall perform a Groundwater Mounding Analysis as outlined in the NJDEP BMP Manual, Chapter 13, in order to assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Variances. A variance from strict compliance with the requirements of this section may be granted by the reviewing board for those projects where an applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements in this section.

Site design features identified under Subsection 30-58.3 above, or alternative designs in accordance with Subsection 30-58.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 30-58.5a2 below.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

Safety Ledge Illustration.

Submission of Site Development Stormwater Plan.

Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of Site Development Stormwater Plan. The following information shall be required:

Applicability. Projects subject to review as specified in Subsection 30-58.1c above shall comply with the requirements of Subsection 30-58.8b and c below.

General Maintenance.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Parking on Vacant Lots. No vacant lot shall be used for parking of one (1) or more vehicles of any kind unless it shall be properly graded, paved, lighted and fenced or screened according to specifications established for this purpose by the Zoning Officer and unless a Certificate of Zoning Compliance for such use has been issued.

Parking on Improved Lots. All parking on lots improved with a building shall be within hard surface parking areas constructed in conformance with § 30-59.12 of the Land Development Regulations.

All off-street parking and loading spaces shall be arranged in an orderly manner to avoid unsafe conditions and to provide adequate access for vehicles and pedestrians using the area.

Parking stalls for full-size vehicles shall be provided in accordance with the following:

Parking stalls for compact vehicles shall be provided in accordance with the following:

Tandem parking may be permitted in multi-family developments where it can be shown that tandem spaces can be accommodated within the parking facility without obstructing access to other parking spaces, aisles, or pedestrian accessways. When provided, both spaces in tandem must be assigned to a specific dwelling unit and signed accordingly.

Minimum Aisle Widths.

Where parking stalls of different dimensions share the same aisle, the parking stall requiring the greater aisle width shall govern.

All access drives, and parking and loading areas shall be paved with an appropriate hard-surface pavement that is durable, dust-free and maintained in good condition.

Individual parking and loading spaces, aisles, crosswalks, and entrances and exits shall be suitably identified with lines and arrows, subject to the approval of the Zoning Officer.

The provisions of paragraphs c, d, e, f and g shall not apply to the parking requirements for one- and two-family residences.

Entrances and exits to parking and loading areas shall be by means of clearly limited and defined drives. The entrances and exits shall be located to prevent conflict with pedestrian and vehicular traffic by providing for the free flow of vehicles at all times. Entrances and exits shall be arranged to prevent any vehicle from exiting a parking area by backing onto or across a sidewalk and onto a street.

All parking and loading areas shall be suitably graded, drained and maintained to prevent erosion and stormwater runoff onto adjacent streets and properties. The Planning Board may require that drainage plans be certified by a civil engineer and, in addition, may refer the plans to the Department of Public Maintenance for its review and recommendations.

All parking and loading areas to be utilized during the nighttime shall be adequately lighted. Such lighting shall be located to reflect the light away from adjacent streets and properties. Light fixtures shall not be higher than sixteen (16) feet above grade.

The provisions of paragraphs a, b and c shall not apply to the parking requirements for one- and two-family residences.

The design of planting areas within parking and loading areas shall be adequate to screen parking and loading activities from the street or any adjoining lots.

Off-street parking areas with more than ten spaces shall have planting beds, at least five feet in width measured from the interior of the surrounding curbing or hardscape, around the perimeter of the parking area. Such planting strips shall be interrupted only at points of ingress and egress and where the parking area or access drive abuts a building on the same lot. Although the preference is for plantings, which offer environmental benefits in addition to visual screening, a wall or fence may be implemented when dimensional requirements (size and orientation of parking aisles, spaces and turning movements) make plantings impracticable or inappropriate. Where the perimeter of a parking lot abuts another parking lot with at least ten (10) spaces, such abutting portion of the lot shall be exempt from providing perimeter planting. No buildings, structures, storage of materials, or parking facilities shall be permitted within the buffer area.

All uncovered off-street parking and loading areas of twenty (20) or more spaces shall be provided with planting islands. The planting islands shall be landscaped with trees and shrubs to channel internal traffic flow, prevent indiscriminate movement of vehicles, aid pedestrian circulation and improve appearance of the parking area.

Shade trees shall be provided at the rate of one tree for each four (4) parking spaces and placed so that all spaces are shaded to the maximum extent possible.

Where parking and loading spaces abut sidewalks, buffer strips, planting islands or similar construction, a curb or wheelstop shall be provided to prevent vehicles from overhanging or otherwise damaging the construction.

The total landscaped area of any uncovered parking area must not be less than ten (10%) percent.

There shall be provided clearly marked and posted off-street loading spaces to serve the following types of buildings and uses: hotels, hospitals, stores, office buildings, wholesale manufacturing and industrial buildings, warehouses and railroad and truck freight stations.

The minimum area required for each loading space shall be ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet height clearance. Each loading space shall adjoin a loading dock or entryway and be provided with adequate apron space for access and maneuvering.

Loading space provided shall be based upon building floor area plus outside storage area, as follows:

Loading and unloading areas may be used only for the parking of trucks and/or trailers used solely to service the facility where located.

A sign stating that all truck engines shall be turned off upon parking shall be prominently posted in all loading and unloading areas.

Unregistered motor vehicles of any type or design.

Buses other than personal passenger vehicles with seating capacity of less than ten (10) persons or those parked on premises of a permitted nonresidential use, such as a church or school, or a senior citizen housing development.

Trucks with commercial registration and/or a rating capacity in excess of six thousand (6,000) pounds except for trucks parked for a temporary period for the purpose of rendering services to the premises.

Nothing herein shall prohibit the storing or garaging of commercial vehicles having a capacity of three-fourths (3/4) of a ton or less in an enclosed garage.

No trailer, motor home or boat in excess of twenty-two (22) feet in length, as measured from outside dimensions, including hitching devices, shall be parked or stored outside in any yard area.

All trailers, motor homes or boats shall be parked or stored either in an enclosed garage or in the side or rear yard of a lot. No trailer, motor home or boat shall be parked or stored in the front yard of a lot or within the street side yard of a corner lot.

Any trailer, motor home or boat parked in the side or rear yard of any lot shall meet the setback requirements and regulations applicable to accessory buildings within the zoning district.

Any boat, motor home or trailer parked or stored in a side or rear yard and not in an enclosed garage shall be screened from view. Such screening shall not be less than six (6) feet in height and shall consist of either a trellis, latticework, decorative block, shrubbery or other similar material approved by the Zoning Officer, except when such screening exceeds six (6) feet in height, the same shall consist only of shrubbery. If such screening involves the use of a fence, such fence shall conform to the maximum height limitation in § 30-63.1.

The area used for the parking or storage of any motor home, boat or recreational trailer shall not preempt any off-street parking space required to be provided by any provision of § 30-59.

Parking structures located outside the "Renewal Area," as demarcated in the Waterfront Redevelopment Plan, as amended, shall conform to the yard requirements of the zone in which they are located.

Parking structures located within the "Renewal Area," as demarcated in the Waterfront Development Plan, as amended, shall be subject to the height and setback restrictions specified in the Development Control Plan of the Waterfront Redevelopment Plan, except that the following requirements shall also apply:

Parking structures shall be designed and constructed to meet or exceed the following standards:

Encourage the effective use of signs as a means of communication in the City;

Maintain and enhance the aesthetic character, both visually and spatially, and the City's ability to attract sources of economic development and growth;

Improve pedestrian and traffic safety;

Minimize the possible adverse effect of signs on nearby public and private property;

Foster the integration of signage with architecture and landscape design;

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;

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;

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;

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;

Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;

Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;

Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians;

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;

Preserve, conserve, protect and enhance the aesthetic quality and scenic beauty of all districts of the City;

Allow for traffic control devices consistent with national and State standards and whose purpose is to promote roadway safety and efficiency by providing for the orderly movement of 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;

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 location, size, height, illumination, brightness or movement;

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;

Regulate the appearance and design of signs in a manner that promotes and enhances the aesthetic character of the City and that compliments the surroundings in recognition of the City's reliance on its surroundings and beautification efforts in retaining economic advantage;

Preserve and enhance the character of the City;

Enable the fair and consistent enforcement of these sign regulations; and

Ensure signs do not alter the function of buildings.

Billboards.

Revolving signs.

Flashing, sparkling or glittering signs or signs having accent lights that flash, sparkle or glitter.

Animated signs.

Wind signs.

Portable signs, except for those specifically permitted (i.e. sandwich board sign).

Roof signs.

Abandoned and discontinued signs.

Snipe signs; bandit signs.

Projecting signs, except as expressly allowed.

Bus bench advertising signs; bus shelter advertising signs that exceed 25% of the area of the vertical face of a bus shelter structure.

Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.

Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.

Signs within a sight triangle.

Signs in the public right-of-way, other than traffic control device signs, warning signs, safety signs, EVSE signs as specified in subsection 30-57.6 of the City Code, or those specifically permitted, such as a sandwich board sign. Signs placed illegally in such locations shall be subject to removal by the City.

Signs other than a traffic control 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 any official traffic control device signs, and which are adjacent to the right-of-way of any road, street or highway.

Signs prohibited by State or Federal law.

Vehicle sign or signs that 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.

Signs located on real property without the permission of the property owner.

Beacon signs, except as required by Federal or State law.

Intermittent signs.

Signs located, painted or affixed on a bridge, abutment, walls, fences, water tower, storage tower, communications tower, other utility or any accessory structure that are visible from a public street or roadway or from an adjacent residential use.

Signs with changeable copy/graphics that exhibit any one of the following characteristics:

Banners, except in the case of temporary "grand opening" events as regulated herein.

Signs containing a message that states or implies that a property may be used for any purpose not permitted in the zoning district or by duly authorized variance in which said sign is located under the provisions of this section.

Public property and rights-of-way. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to removal. In addition to other remedies that may be imposed under this section, the City shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such sign. No sign other than traffic control or similar official governmental signs shall be erected within or project over the right-of-way of any public street or sidewalk, except as hereinafter provided.

A sign, other than a window sign, located entirely inside the premises of a building or enclosed space that is not placed parallel to front window and is not placed within three feet of a window.

A sign on a car, other than a prohibited vehicle sign or signs.

A statutory or municipal sign.

A traffic control device sign.

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 property or use.

Construction 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 City as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedule. The requirement of a building permit under the New Jersey Uniform Construction Ordinance is separate and independent of the requirement for a sign permit under this section.

Sign permits.

Sign permit application and issuance of sign permit.

Fees.

Conditions.

Causes for Revocation. A permit to erect or maintain a sign may be revoked for any one or more of the following:

Removal of a Sign, Advertising Structure, Space or Wall. When a permit for a sign is revoked, the permittee shall remove the sign, advertising structure or space in accordance with the time specified by the Zoning Officer.

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:

Consistent with § 30-61.7 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 business days after an application is made for such temporary signs. In the event that no decision is rendered within 10 business 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. 40:550-70; however, the appeal shall be accelerated and shall be heard by the Board of Adjustment and determined within 30 business days after the appeal is filed, pursuant to the Municipal Land Use Law, N.J.S.A. 40:550-70.

Temporary real estate signs permitted in all zones. One non-illuminated, temporary ground sign pertaining to the lease, rental or sale on the same lot or building upon which it is placed and not exceeding nine square feet in area on any one side provided such sign is erected or displayed not less than five feet inside of the property line and shall not be mounted on or attached to trees. This sign must be removed from the premises within seven days after the property is sold or leased. In the case of a building containing three or more dwelling units in a residential zone, a sign as described herein must be removed upon the issuance of certificates of occupancy (CO's) for 80% or more of the dwelling units contained therein. Not more than one such sign shall be permitted for each premises. The maximum duration to display such signs is one year, but this period may be extended via a new application. Such signs shall be exempt from all other provisions of this section.

Special Category Signs:

Street address signs. For each lot, 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 lot in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.

Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. Nameplate or occupant identification signs shall not exceed two square feet in sign area.

Directional signs. Noncommercial, on-site directional signs, not exceeding 2.5 square feet in sign area and 3.5 feet in height, shall be allowed on each lot.

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.

Temporary viewpoint signs. Viewpoint signs may be freestanding or building-mounted. They are permitted in addition to any other sign permitted herein and shall conform to the following requirements:

Flagpoles. One flagpole is allowed for each lot. A flagpole shall not exceed 35 feet in height and shall be subject to setbacks for principal buildings/structures in the applicable zones in which it is located.

Flags. For each flagpole, two flags not greater than 15 square feet in sign area each may be displayed.

Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts.

Temporary garage-yard sale signs. For each lot with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:

Government or government agency signs.

"Private Driveway" signs indicating the private nature of a driveway not exceed two (2) square feet in sign area and limited to no more than one per driveway.

Sandwich Board Signs:

Signs designating entrance or exits to or from a parking area having five or more parking spaces, limited to one sign for each such exit or entrance, with a maximum of two square feet in sign area for each sign.

Signs designating the identity of a parking area having five of more parking spaces and limited to one sign with a maximum size of six square feet in sign area and a maximum height of four feet.

Number and Size of Exterior Identification Building Signs. A maximum of two signs are permitted per business. The total sign area for all signs, not including window signs that are otherwise permitted, shall not exceed two square feet per linear foot of street frontage, with a maximum area of 40 square feet.

Rear and Side Wall Signs. No signs shall be permitted on rear or side walls when the wall is within 100 feet of a residential use or residential zone line.

Identification projecting signs (blade signs) may be substituted for identification wall signs, as permitted in paragraph a above, provided that no identification projecting sign shall exceed 12 square feet in area on either side or project more than five feet from the wall to which it is attached.

Signs designating entrance or exits to or from a parking area, limited to one sign for each such exit or entrance, with a maximum of two square feet in sign area for each sign.

Signs designating the identity of a parking area having five of more parking spaces and limited to one sign with a maximum size of six square feet in sign area and a maximum height of four feet.

Signs for multi-use and multi-building developments shall comply with the following regulations:

Window Lettering and Window Signs. Window lettering and window signs shall be construed as signs, and are subject to the following restrictions:

Requirements for All Illuminated Signs.

Digital Sign Luminance Standards. Digital signs are subject to the general requirements of § 30-61.17a. However, should the Zoning Officer determine that a digital sign is exhibiting glare or blinding characteristics as described in § 30-61.17a1, testing may be required to assess whether a sign meets the following requirement. After testing, signs that do not meet these requirements will be required to address the recommendations of the Zoning Officer in order to satisfy the following maximum permitted luminance standards:

Digital signs shall have a light sensing mechanism that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set forth herein.

Digital Sign Malfunction Protection. Digital signs are susceptible to malfunctions that can affect the display such that segments flash, pulse, increase in brightness and other erratic optical conditions. Therefore, all digital signs shall be equipped with a mechanism that turns off the display completely in the event of a malfunction until the malfunction is repaired.

The Zoning Officer shall be the enforcing official.

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.

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.

Whenever a permanent sign is erected or maintained in violation of this section or any other provision of this chapter, 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 in accordance with the period set by the zoning officer. If the sign is not brought into conformity or removed, 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.

The City 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.

Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61 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 § 31-61, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements, or otherwise.

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 § 31-61, this chapter or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61 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 § 31-61 that pertains to prohibited signs, including, specifically, the prohibition on billboards and those signs and sign types prohibited and not allowed under § 30-61.2 of this section.

Sightlines. Fences at all street intersections shall not be constructed to limit or obscure sight distance within the sight triangle of any street intersection.

Vegetative Barriers. Hedges and other landscaping shall not exceed four (4) feet in height between any building facade facing a public street and the streetline. For corner lots, a vegetative barrier, hedge or other landscaping is permitted in accordance with 30-63.3.c. In all cases, such landscaping shall not be located so as to conflict with paragraph a. above.

"Good Neighbor" Provision. Any fence type that has only one finished side shall be erected so that the finished side faces the street or any adjacent property.

Types of Fences Prohibited. No fence shall be constructed with barbed wire, razor wire, metal spikes other than decorative wrought iron style fences. Canvass or cloth fences, electrically charged fences, temporary fences except when used around construction sites, or expandable/collapsible fences shall be prohibited.

Maintenance. Every fence shall be erected in a professional, workmanlike manner and maintained in a safe, sound upright condition. Every fence shall be uniform in color and appearance. Posts shall be uniform in height where possible according to the topography and metal posts shall be capped.

Drainage. Retaining walls shall be designed and constructed so as not to block the flow of surface water and to permit adequate drainage.

Fences are prohibited from being located within the public right-of-way. Any fence erected within a public right-of-way shall be removed by the property owner if its removal is required by the City.

In all zones, no fence or wall, of more than four (4) feet in height shall be erected between any building facade facing a public street and the streetline, except that for properties with frontage on two (2) parallel streets, a fence up to six (6) feet tall may be placed along the rear property line.

Fences on Corner Lots: Properties with frontage on two perpendicular streets are permitted to have a fence up to six feet in height along the property line that is coterminous with the street that faces the side of the principal building. The extent to which a fence may exceed four feet (and extend up to six feet) is limited to an area between the rear property line and a point created by a line starting from the rear building wall that is extended in parallel with the rear building wall to intersect with the street right-of-way. The maximum heights and for fences on corner lots is depicted below.

Fencing for interior lots shall comply with maximum heights and styles shown below.

Chain link, and solid fencing is prohibited for all street facing fences excluding alleys unless otherwise permitted by paragraph c above.

The maximum height for any fence or wall on a property shall be six (6) feet.

All fences shall be installed at least one (1) foot from any public street right-of-way, except alleys.

Building Height. A new building to be constructed within a designated district as described in this section must have two (2) stories, unless more than fifty (50%) percent of the existing homes on the same block and facing the same street have less than two (2) stories.

Massing. A new building to be constructed within a designated district as described in this section must include a variety of structural or ornamental indentations and/or projections consistent with those present on at least fifty (50%) percent of the existing homes on the same block and facing the same street. At minimum, an open front porch, constructed of wood and with railings and trim consistent with other homes in the immediate neighborhood, shall be provided unless more than fifty (50%) percent of the existing homes on the same block and facing the same street have no front porch. Other examples of applicable recessed or projecting features include dormers, bay windows, turrets, recessed entrances, chimneys, etc. All porch and deck railings shall be thirty-six (36) inches in height or as otherwise required under the Uniform Construction Code (N.J.A.C. 5:23, et seq.) and shall include either square, cylindrical or lathed balusters spaced two (2) to four (4) inches apart (see illustration), or decorative railings made of wrought iron or other style and material compatible with Victorian Period architecture.

Roof Treatments. A new building to be constructed within a designated district as described in this section must be designed with at least one (1) roof type present on two (2) or more homes within the same block and facing the same street. In the event that two (2) or more adjoining lots become vacant within a block front, the home constructed on any individual lot must include a roof consistent with one (1) or more of the following: Gambrel, High or acute angle Gable, Mansard, or Hip. These roof types are illustrated below.

Ornamentation. A new building to be constructed within a designated district as described in this section must be designed with at least one (1) type of ornamentation present on two (2) or more homes within the same block and facing the same street. In the event that two (2) or more adjoining lots become vacant within a block front, the home constructed on any individual lot must include ornamentation consistent with one (1) or more of the following: Palladian window or equivalent; cornices or sashes; small paned windows; door openings with fan and side windows; polygonal or cylindrical towers; stained glass windows; lathed balusters; etc. These examples are illustrated below.

Materials. A new building to be constructed within a designated district as described in this section must be designed with at least one (1) type of building material used for siding and roofing present on two (2) or more homes within the same block and facing the same street. In the event that two (2) or more adjoining lots become vacant within a block front, the home constructed on any individual lot must include a siding or roofing material consistent with one (1) or more of the following: clapboard or cedar shingle siding or equivalent; shingle roof - including slate shingles, if feasible; standing seam metal roofs; brick or stucco facades, etc. Some of these examples are illustrated in the composite illustration above.

Orientation. A building to be constructed within a designated district as described in this section must have the primary facade and front entrance of the principal structure facing the public sidewalk and street. Front/primary entrance doors are not permitted facing side yards. No blank walls shall face a street. Garage doors/openings are prohibited from facing the street unless located behind the rear building wall of the residence. The facade of an attached garage shall be offset behind the front building wall of the residence at least five (5) feet.

Design of Additions. An addition to an existing home within a designated district shall be limited to the side or rear yard and should use common or visually related materials to those comprising the existing principal building. The pitch of new roofs may vary from the pitch of existing roofs. The same standards for ornamentation for new construction shall be applied to additions to existing buildings. The architecture of any new addition shall be compatible with the architecture and overall composition of building elements exhibited in the existing principal building. Safety railings for new decks and porches shall conform with § 30-64.4b.