No such use shall be established unless and until a site plan therefore has first been approved as provided in Part 5, Articles XIX through XXV, of this chapter.

No such use shall be located closer to the residential district boundary line in question than the minimum front yard setback required in the adjacent district in question, plus 1/2 of the width of any street or private road separating such lot from such adjacent district.

Except as provided in Subsection C(2) above, any such use shall comply with the yard, space and bulk requirements applicable in the adjacent district in question.

Any perimeter landscaped open space shall be provided along every lot line in any residential district.

Except as modified by this section, any such use shall comply with all of the regulations applicable in the district in which it is located.

The limitations of this section shall not apply to any use located more than 100 feet from the district boundary line in question.

No structure on such lot in the commercial or industrial district shall encroach upon the building envelope defined by the following planes:

The described building envelope is illustrated in the diagram at the end of this chapter.[2]

A "group family household" is a group of four or more persons, not constituting a family as defined in § 163-15 of this chapter, living together in a dwelling unit as a single housekeeping unit, under a common housekeeping management based on an intentionally structured relationship of mutual responsibility and providing an organization and stability essentially equivalent to that found in families based on relationships of marriage and blood. A "group family household" shall not include a cooperative sober living residence as defined in § 163-15 of this chapter.

In determining whether or not a group of individuals constitute a group family household, the Land Use Administrator shall consider all available information and, specifically, the following factors:

In determining whether a group constitutes a group family household, the Land Use Administrator shall consider all facts and circumstances, and the presence or absence, in whole or in part, of any particular factor shall not be deemed controlling.

Not more than one person who is not a resident on the premises shall be employed, and then only as a clerical assistant.

No more than 25% or 400 square feet of the floor area of the dwelling unit, whichever is less, shall be devoted to the home occupation.

No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.

No stock-in-trade shall be displayed or sold on the premises.

The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted private garage accessory thereto, and in no event shall such use be apparent from any public way.

There shall be no outdoor storage of equipment or materials used in the home occupation.

Not more than one vehicle used in commerce shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage at all times.

No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.

No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

No sign, other than one unlighted sign not over one square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence or conduct of the home occupation.

Providing instruction to not more than two students at a time, except for occasional groups.

Day care of not more than six nonresident children.

Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors and members of similar professions.

Consultation or emergency treatment by a doctor or a dentist, but not the general practice of his profession.

Office facilities for ministers, priests and rabbis.

Office facilities for salesmen, sales representatives and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises.

Studio of an artist, photographer, craftsman, writer, composer or similar person.

Shop of a beautician, barber, hair stylist, dressmaker, tailor or similar person.

Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his disability.

The lettering for hire by a resident owner of rooming units for residential use for a total of not more than two persons.

Nursing homes.

Funeral homes, mortuaries and embalming establishments.

Restaurants.

Stables, kennels or veterinary hospitals.

Tourist homes or the letting of more than two rooming units.

Clinics, hospitals or the general practice of medicine or dentistry.

Clubs, including fraternities and sororities.

Instruction of more than two students at a time except for occasional groups.

Day care for more than six nonresident children.

Retail or wholesale businesses of any kind involving transactions on the premises.

Is customarily associated with and subordinate to and serves a principal building or a principal use.

Is subordinate in area, extent and purpose to the principal structure or principal use served.

Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure or principal use served.

Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.

No sign, except as expressly authorized by this section or by § 163-71, shall be maintained in connection with an accessory use.

No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory.

Private residential garages and parking lots and parking areas, together with related circulation elements.

Private customer and employee garages and parking lots and parking areas, together with related circulation elements.

A structure for storage incidental to a permitted use, provided that no such structure that is accessory to a residential building shall exceed 100 square feet in gross floor area, and provided that no such structure which is accessory to any other type of principal building shall exceed 10% of the volume of such principal building.

Statuary, arbors, trellises, flagpoles, children's play equipment and playhouses, clotheslines and other decorative, recreational or utility structures of a similar nature.

Tennis courts accessory to a residential building and limited to use by the occupants thereof and their guests.

A private swimming pool and bathhouse accessory to a residential building and limited to use by the occupants thereof and their guests, provided that such swimming pool or the entire property on which it is located shall be walled or fenced to prevent uncontrolled access to such swimming pool from the street and from adjacent properties. Such swimming pool shall be set back not less than six feet from any lot line, measured from the edge of the water area of the pool.

A guest house or servants' quarters, not including kitchen facilities; provided, however, that such structures are used only for the housing of persons employed on the premises or for the occasional housing of guests of the occupants of the principal building and not as rental units or for permanent occupancy as dwelling or rooming units for persons other than such employees.

Fences and walls.

Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district.

Outdoor storage of no more than one boat trailer, camping trailer or camping vehicle, provided that no part of such storage area shall be located in a front yard, and provided that such boat, trailer or vehicle shall not be used for living, sleeping or housekeeping purposes.

Building management offices when limited to the management of the building in which such office is located or a complex of buildings forming an integrated development of which such building is a part.

Energy conservation facilities.

Parking or storage of automotive vehicles of any kind or type without current license plates on any residentially zoned property other than in completely enclosed buildings.

Outdoor display or storage of merchandise or equipment, except in rear yards located in commercial and industrial districts.

Casinos or any other gaming or gambling establishment or use.

In all residential districts, all detached structures and uses accessory to a dwelling unit contained in a single-family detached, semidetached, two-family or attached dwelling, except vehicular circulation elements for all uses and parking areas for not more than one vehicle for each attached dwelling, shall be located in the rear yard.

In all residential districts and on all lots having any side lot line in common with a residential district boundary line, then no portion of the accessory structure or use shall be closer than five feet to any side lot line and three feet to any rear lot line.

(Reserved)[1]

In all residential districts, attached accessory structures and uses shall maintain the same front and side yard as is required for the principal structures.

No accessory structure or use in any residential district shall occupy more than 35% of the required rear yard.

No accessory structure in any district shall exceed the height of the principal structure, if any, to which it is accessory, and no accessory structure shall in any event exceed the maximum height specified for such structures in the applicable district regulations.

In all residential districts where any side lot line of a corner lot is substantially a continuation of the front lot line of any lot located in a residential district and adjacent to such corner lot, no accessory structure or use within 25 feet of the rear lot line of such corner lot shall be located closer to such side lot line than a distance equal to the depth of the front yard required or existing, whichever is less, on such adjacent lot.

In all commercial, resort and industrial districts, accessory structures shall maintain the same front, side and rear yard as is required for the principal structure, except that parking garages may be located in a required rear yard.

Energy conservation facilities may, notwithstanding the foregoing provisions of this subsection, be located in any required side or rear yard upon a finding by the Land Use Administrator that:

In all districts on any corner lot, no accessory structure or use and no planting of any type shall be established or maintained above a height of 2 1/2 feet from grade within the area of the sight triangle required by § 163-131.

In all districts, no accessory structure shall be closer than 10 feet to a principal structure or five feet to any other accessory structure, unless it is attached to such principal or other structure.

Accessory parking lots shall comply with the setbacks required by § 163-70A(2)(a).

Accessory parking facilities shall be distributed in accordance with the provisions of § 163-70A(1)(c).

Accessory structures and uses shall otherwise comply with the space, bulk and yard regulations applicable in the district in which they are located, except that outdoor storage merchandise and equipment shall be permitted in rear yards in commercial and industrial districts.

Any of the foregoing regulations to the contrary notwithstanding, fences, walls and hedges meeting the standards set forth in Subsection E(8) hereof shall be permitted on or within three feet of any lot line, and obstructions permitted in required yards pursuant to § 163-158, the definition of "yard," of this chapter shall be permitted as therein provided.

No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Land Use Administrator in the certificate required by Subsection C of this section on the basis of the nature of the temporary use and the character of the surrounding area and uses.

No sign in connection with a temporary use shall be permitted except in accordance with the provisions of § 163-71.

No contractors' offices and equipment as provided for in Subsection E(4) of this section shall be permitted in a beach district unless the applicant for the certificate of land use compliance shall have obtained the prior approval of the City Council of the City of Atlantic City.

Mobile homes. Mobile homes shall be permitted in any district as a temporary residence during the reconstruction of a dwelling unit damaged or destroyed by any means not within the control of the owner of such dwelling unit. Such use shall be limited to the period of such reconstruction and, in any event, no longer than 12 months following such damage or destruction. No such use shall be undertaken unless such mobile home shall have first been properly connected to City water and sewer lines and to all required public utilities.

Craft shows, exhibits and sales. Indoor and outdoor art and craft shows, exhibits and sales on private property or, subject to the approval of the agency having jurisdiction, on any public property in any commercial, resort or industrial district and, subject to proper approval of the park authorities, in any public park in a residential district shall be permitted. Such use shall be limited to a period not to exceed five days.

Christmas tree sales. Christmas tree sales shall be permitted in any commercial or industrial district and in any residential district on property owned by any not-for-profit group or organization when conducted by such group or organization and when approved by the Land Use Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on other properties in the residential district. Such use shall be limited to a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of this chapter, except that no tree shall be displayed so as to obstruct the sight triangles required by § 163-131.

Construction staging, contractors' offices and related construction uses and structures. Contractors' offices and equipment sheds containing no sleeping or cooking accommodations (except as incidental to construction offices), construction staging and all other uses and structures related to the construction of a project, including concrete batch plants and the like, shall be permitted in any district when accessory to a construction project. Such uses and structures shall be limited to a period not to exceed the duration of such project.

Real estate offices containing no sleeping or cooking accommodations unless located in a model dwelling unit and model dwelling units in any district when accessory to a new development. Such use shall be limited to the period of the active selling or leasing of units in such development or for no more than 45 days after the issuance of a temporary certificate of occupancy, whichever event shall take place first. Upon the occurrence of either event, such real estate offices shall be removed. In no event shall the temporary use be continued once a temporary certificate of occupancy or a certificate of occupancy has been issued for the new development.

Carnivals or circuses. A carnival or circus shall be permitted in any commercial, resort or industrial district or in any residential district on property owned by any not-for-profit group or organization and when approved by the Land Use Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties in the residential district. Such use shall be limited to a period not to exceed 21 days. Such use need not comply with the front yard requirements of this chapter, except that no use, structures or equipment shall be so located as to obstruct the sight triangles required by § 163-131. Such use need not comply with the maximum height requirements of this chapter.

Freestanding outdoor retail sales, food markets, produce sales, food sales, flea markets and other similar type uses. These uses shall be permitted in the Highway Commercial Zone (HW-C), Area Commercial Zone (AC) and in any zoning district on property owned by a not-for-profit group. The uses shall be limited to one through five operation days not to exceed a frequency of four times a year. The rescheduling of rain-out days will be approved by the Land Use Administrator, but under no circumstances shall the days be added to another scheduled five-day event. No improvements shall be required on the property on which these uses are located. At a minimum, the site area shall be clean and well-maintained. Any use within this category that is over five days in duration and located in the HW-C and AC Zones shall require a conditional use permit from the Atlantic City Planning Board and shall be subject to the conditional use standards as set forth in § 163-142 of this chapter.

General requirements.

Design and maintenance. Every parking lot and garage shall be designed, constructed and maintained in accordance with the standards and requirements herein set forth:

Required spaces.

General requirements.

Design and maintenance. Every loading space shall be designed, constructed and maintained in accordance with the standards and requirements herein set forth:

Schedule of required spaces. Loading spaces shall be provided in sufficient number and of sufficient size so that no loading and unloading operations infringe upon any street, sidewalk or public property. In no event shall the number of loading spaces provided be less than the number determined in the Schedule of Required Off-Street Loading Spaces included at the end of this chapter,[8] except that in the case of demonstrated hardship, the Planning Board may grant a variance from loading requirements, provided that an approved plan for delivery truck operations, including but not limited to hours and staging of operation, is attached to such variance.

Except as expressly provided in Subsection F hereof, no sign shall be erected, enlarged, expanded, altered or relocated unless a certificate of land use compliance evidencing the compliance of such work with the provisions of this section and other applicable provisions of this chapter shall have first been issued in accordance with the provisions of Part 6, Article XXXVI, of this chapter; provided, however, that routine sign maintenance, changing of parts designed to be changed or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a certificate of land use compliance hereunder.

In addition to the information and documents required by Part 6, Article XXXVI, of this chapter, every application for a certificate of land use compliance for a sign shall be accompanied by a copy of plans and specifications showing the method of construction, illumination and support of such sign and a sketch, drawn to scale, showing signs faces, exposed surfaces and the proposed message and design accurately represented as to size, area, proportion and color; by black and white photographs of the street sides of the property in question, showing all existing signs on the property; by a calculation of the total amount of sign area presently existing on the property; and by the applicant's attestation that the number of and the sum of the areas of the requested sign or signs and the existing signs do not exceed the maximum allowable by the provisions of this chapter.

Illumination. In no event shall a sign be illuminated by other than a shielded or otherwise indirect, nonflashing light, preferably a white light or a light from the interior of a sign with a translucent face. In no event shall an illuminated sign be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon any adjacent public or private premises so as to cause glare or reflection that may constitute a nuisance or traffic hazard. No illuminated sign located on a lot adjacent to or across the street from any residential district and visible from such residential district shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless the use to which the sign pertains is open for business.

Electrical elements. All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the Atlantic City Electrical Code.[2] An Underwriters' Laboratories label shall be affixed to every sign having any electrical component.

Structural elements. The construction and structural components of all signs shall be in accordance with the standards and regulations of the Atlantic City Building Code.[3] In no case shall the structural elements of a pole sign extend above the top of the sign face. Any movable parts of a sign shall be securely fastened by screws or hinges.

Obstruction of accessways. No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window or other required accessway. No sign of any kind shall be attached to a standpipe or fire escape.

Obstruction of light and air. No sign shall be erected or maintained within the zone of light obstruction for any window opening into any habitable room of any residential unit. The zone of light obstruction is a segment of a cone described horizontally by an are drawn from the center line of the window, measured horizontally, extending to 70° from the center line on either side of the center line, at a radius of 40 feet, and described vertically by the space between a plane extending horizontally from the window sill and a plane extending from the top of the window at an angle of 160° to the face of the building at a distance of 40 feet measured perpendicularly from the face of the building. The zone of height obstruction is graphically depicted in the diagram at the end of this chapter.[4]

Obstruction of window surface. No sign shall project over, occupy or obstruct any window surface required for light or ventilation by any applicable law, ordinance or regulation.

Traffic safety.

Signs in rights-of-way. No sign, except publicly-owned signs, shall be placed in or extend into or over any public right-of-way, unless a conditional use permit therefor shall have been issued in accordance with Part 5, Article XXVI, of this chapter.

Signs painted on walls. No sign shall be painted directly on a building wall except a sign pertaining to a use carried on within such building.

Sign identification. Except nameplates and identification signs for residential uses, all signs shall be plainly marked with the name of the person, firm or corporation hanging or erecting the sign and the sign permit number.

Sign maintenance.

Sign measurement.

Projecting signs. All projecting signs shall be supported from the wall or vertical support in accordance with the standards and regulations of the Atlantic City Building Code, including the Electrical Code.[6] No projecting sign shall extend more than four feet from the wall nor shall be nearer the curbline more than two feet. Projecting signs shall project from the wall at an angle of 90° and shall not project from any building corner. No part of any projecting sign shall extend lower than eight feet above grade.

Signs near landmarks and landmark sites. No ground, pole, roof or projecting signs shall be located within 50 feet of any lot line of a designated landmark or landmark site if the sign or sign structure is visible from such lot line at a point five feet above ground level.

Sign materials. All signs shall have a surface or facing of incombustible material or be of approved combustible material. Any glass forming a part of any sign shall be safety glass, wired glass or plate glass of a thickness in compliance with the Building Code.[7]

Functional types. For purposes of this chapter, signs shall be classified as follows according to function:

Structural types. For purposes of this chapter, signs shall be classified as follows according to structure:

Governmental signs. Governmental signs, provided that the content and size of any such sign shall not exceed the requirements of the law, ordinance or regulation pursuant to which such sign is erected.

Nameplate signs. Nameplate signs, provided that such signs are limited to no more than one wall, projecting or ground sign per occupancy; are no more than one square foot in area; and are illuminated only by an indirect source of light. No projecting sign shall extend more than six inches from the face of a wall. No ground sign shall be higher than three feet.

Warning signs. Warning signs, provided that such signs are limited to no more than two wall or ground signs per occupancy, are no more than four square feet in area each and are illuminated only by an indirect source of light.

Memorial signs. Memorial signs, provided that such signs are limited to no more than one wall or ground sign per occupancy; are made of durable materials, such as bronze, stone or concrete; are no more than four square feet in area; and are illuminated only by an indirect source of light.

Historical or architectural designation signs. Historical or architectural designation signs, provided that such signs are limited to no more than one wall or ground sign per occupancy, are no more than six square feet in area, are illuminated only by an indirect source of light and contain no commercial advertising.

Holiday decorations. Holiday decorations, provided that such signs shall be displayed for a period of not more than 60 consecutive days nor more than 20 days following the holiday in connection with which they are displayed.

Construction signs. Construction signs, provided that such signs are limited to no more than one wall or ground sign per street frontage, are no more than 60 square feet in area, are illuminated only by an indirect source of light and are maintained for no more than 14 days following the conclusion of the construction in question.

Window signs. Temporary nonilluminated window signs advertising coming events, special sales, contests, promotional activities and civic or political activities maintained for a period of no longer than 45 days before such event nor more than three days after such event and permanent nonilluminated window signs calling attention to compliance with standards, association with credit groups or premium stamp promotions and the like, provided that the aggregate area of all window signs shall not exceed 33% of the area of the window in which they are exhibited nor block any window area required for light, ventilation or emergency exit by any applicable code.

Real estate signs. Real estate signs, provided that residential property with structure(s) 40 feet or under in height and vacant land are limited to no more than one wall or ground sign and not more than eight square feet in area; residential property with structure(s) over 40 feet in height are limited to no more than two wall or ground signs not more than 24 square feet in area for each sign; and commercial property with or without structure(s) are limited to no more than two wall or ground signs not more than 32 square feet in area for each sign.

On-site informational signs. On-site informational signs, provided that each such sign is limited to a wall, window or ground sign of not more than two square feet in area and not more than 12 feet in height above grade.

Reserved)[9]

Flags and emblems. Flags or emblems of a government or of a political, civic, philanthropic, educational or religious organization.

Private sale and event signs. Private sale and event signs, provided that much signs are no more than four square feet in area; are located entirely on the premises where such sale or event is to be conducted or on other private property pursuant to the owner's consent; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than 12 hours in advance of such sale or 45 hours in advance of such event, and are removed on the day following the conclusion of such sale or event.

Political signs. Political signs, provided that such signs are not more than 10 square feet in area if located in a commercial, resort or industrial district or four square feet in area if located in any other district; are limited to not more than one per lot; are located entirely on private property pursuant to the owner's consent; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than 45 days prior to such election; and are removed within 14 days following such election.

Home occupation signs. Home occupation signs, provided that such signs are limited to no more than one wall sign per occupancy, are no more than one square foot in area and are not lighted.

Advertising vehicle signs. Advertising vehicle signs, but only on public transportation vehicles.

Animated or moving signs. Animated or moving signs, except as expressly authorized by specific district regulations.

(Reserved)[10]

Advertising vehicle signs. Except as provided in Subsection F(16) above, no person shall operate or park any advertising vehicle on any street, on any public property or on any private property so as to be visible from any street.

Portable signs. Portable signs, except advertising vehicle signs to the extent permitted by Subsection F(16) above.

Temporary signs. Temporary signs, except as expressly authorized in this section.

(Reserved)[11]

Miscellaneous prohibited signs.

Functional types permitted.

Structural types permitted.

Number of signs permitted.

Maximum gross surface area of signs permitted.

Maximum height of signs permitted.

Minimum setback required. For ground signs, five feet from all lot lines.

Type of illumination permitted.

Special regulations applicable to specified signs. Signs accessory to nonconforming uses in residential districts shall be subject to the provisions of this subsection.

Functional types permitted.

Structural types permitted.

Number of signs permitted.

Maximum gross surface area of signs permitted.

Maximum height of signs permitted.

Minimum setback required.

Type of illumination permitted.

Special regulations applicable to specified signs.

Functional types permitted.

Structural types permitted.

Number of signs permitted.

Maximum gross surface area of signs permitted.

Maximum height of signs permitted.

Minimum setback required.

Type of illumination permitted.

Special regulations applicable to specified signs.

Planned or intentional sources. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation.

Unplanned electromagnetic interference. It shall be unlawful to operate or to cause to be operated any source of electromagnetic interference, the radiation or transmission from which exceeds the maximum values tabulated below:

Fire protection regulations. All uses and operations involving the use, storage or handling of explosive or flammable matter shall be in compliance with the fire protection regulations of the City of Atlantic City as they exist or may hereafter be amended.

No explosives. No activities, other than approved demolition, involving the manufacture, storage or utilization of materials or products which decompose by detonation shall be permitted, except that small quantities of chlorates, nitrates, perchorates, phosphorous and similar substances and compounds for use by industry, schools, government, laboratories or druggists may be permitted.

Flammable liquids and materials. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be authorized only by the approval of the Fire Chief.

Glare from operation. No use in any district shall be operated so as to produce direct or sky-reflected glare or direct illumination across any lot line from a visible source of illumination of such intensity as to create a nuisance or traffic hazard or detract from the use or enjoyment of adjacent property.

Permitted illumination. All permitted exterior lights, including signs, floodlights, parking lot lighting, streetlights and lighting necessary for the safety and protection of property, shall be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any lot line.

Residential light standards. With the exception of streetlights, all exterior lighting fixtures within or adjacent to any residential district shall be directed and shaded wherever necessary to prevent the intensity of light from exceeding 1/2 footcandle as measured at any residential property line.

Sound levels, in no event shall the sound-pressure level of noise radiated continuously from a use or activity in any district exceed, at the lot line, the values given in the Maximum Sound Level Table below in any octave band of frequency. However, where the lot line adjoins or lies within 25 feet of the boundary of a residential district, the sound-pressure levels of noise radiated shall not exceed, at the lot line, the values given in the Residential Sound Level Table below in any octave band of frequency.

Noise measurement procedure. Measurement of noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone, during measurement, shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements, except where such background noise interferes with the primary noise being measured.

Measurements for impulsive or periodic noise. Impulsive and periodic-type noises shall be subject to the sound level standards if those noises are capable of being accurately measured with the equipment specified in Subsection H(2) above. Noises capable of being so measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, but objectionable because of intermittence, beat, frequency or shrillness, shall be muffled and controlled so as not to become a nuisance to adjacent uses.

Exception. Nothing in this subsection shall apply to noises not directly under the control of the property user, such as noises resulting from the construction and nonroutine maintenance of buildings and facilities, including site preparation; noises of infrequent safety signals or wiring devices; and noises of motor vehicles, except when they are being serviced.

Regulation. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped or so modified as to remove the odor.

Odor threshold. No continuous, frequent or repetitive emission of odors or odor-causing substances shall exceed the odor threshold at or beyond the lot line of the tract on which the odor emission is initiated. An odor emitted no more than fifteen 15 minutes in any one day shall not be deemed as continuous, frequent or repetitive within the meaning of these regulations.

Determination of threshold. The odor threshold as herein referred to shall be determined by observation by a person or persons. In any case where the owner or operator of an odor-emitting use or activity disagrees with the enforcing inspector or where specific measurement of odor concentration is required, the method and procedures specified by the American Society for Testing and Materials, ASTM D 1391-57, entitled "Standard Method for Measuring Odors in Atmosphere," shall be used.

Backup safeguard system. Any process which may involve the creation or emission of odors which would be in violation of this subsection shall be provided with both a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails.

The applicable regulations of the Nuclear Regulatory Commission.

The applicable regulations of any instrumentality of the State of New Jersey.

Visible emissions. No use or activity in any district shall cause, create or allow the emission of air contaminants for more than three minutes in any one hour which, at or beyond the emission point, are as dark or darker in shade as that designated as No. 1 on the Ringlemann Smoke Chart, as published by the United States Bureau of Mines.

Dust and other particulated air contaminants. Open storage and open processing operations, including on-site transportation movements which are the source of windborne dust and other particulate matter or which involve dust or other particulate air-contaminant generating equipment, such as used in paint spraying, grain handling, sand or gravel processing or storage or sandblasting, shall be so conducted that dust and other particulated air contaminants so generated are not transported across the lot line of the tract on which the use is located.

Steady-state vibrations. At no point on or beyond the lot line of any tract shall the ground-transmitted, steady-state vibration caused by any use or activity on that tract exceed the limits established in the table below:

Discrete pulses. Discrete pulses shall not cause displacement in excess of twice the values established in the table above for steady-state vibration.

Impact vibrations. At no point at or beyond the lot line of any tract shall the impact vibration caused by any use or activity on that tract exceed the limits established in the table below:

Method of measurement. For the purpose of measuring vibrations, a three-component measuring system shall be used. A three-component measuring system denotes instrumentation which can measure earth-borne vibrations in three directions, each of which occurs at right angles to the other two.

The predominant axes of all structures hereafter erected shall be either parallel or perpendicular to the axes of adjoining public or private streets.

The largest dimension of any structure abutting the Boardwalk and extending higher than 60 feet above the level of the Boardwalk shall be oriented perpendicular to the Boardwalk; provided, however, that the Planning Board, as part of the site plan/subdivision review process, may authorize the largest dimension of such a structure to be oriented parallel to the Boardwalk where such orientation is justified as part of an energy conservation design for such structure. In no event, however, shall a structure built with its largest dimension parallel to the Boardwalk be more than 250 feet in length along the Boardwalk.

The floor level of the abutting structure shall be at the same level as the Boardwalk or not more than two steps above or below the Boardwalk level.

The entire Boardwalk frontage of the structure, with the exception of entrance lobbies, shall be designed for Boardwalk-oriented retail shops and services. Such shops shall have a depth of not less than 25 feet measured perpendicular to the Boardwalk. Restaurants, cafeterias and bars shall occupy no more than 30% of the total length of the Boardwalk frontage.

All uses fronting on the Boardwalk shall be directly accessible from the Boardwalk.

Decorative walls, veneers or any other architectural feature which seals the facade of the building along the Boardwalk or prevents its active use by pedestrians on the Boardwalk are strictly prohibited.

At least 50% of the total exposed surface of all flat roofs, including but not limited to decks, balconies and parking garage roofs, shall be landscaped as roof gardens. The landscaping may be either distributed on every exposed roof surface or concentrated in selected areas.

The balance of flat surfaces should be developed in such a manner as to be totally acceptable from an aesthetic point of view and built of nonreflective materials in order to secure agreeable visual conditions in the roofscaping of the City. Rooftops at the level of 385 feet above sea level are not subject to landscape treatments since they are not visible.

Side surfaces should be treated with nonreflective materials. The use of reflective materials may be allowed, provided that reflective surfaces do not have adverse impacts on surrounding uses, such as increasing the cooling loads of the structures upon which they reflect heat, causing visual discomfort and the like.