Avalon City Zoning Code
§ 27-7.2
Accessory Uses.
[Ord. No. 607-2009 § 27-7.2; Ord. No. 635-2010 § 3; Ord. No. 642-2011 § 2; Ord. No. 689-2013; Ord. No. 695-2014 § 3; Ord. No. 703-2014 § 4; Ord. No. 709-2014; Ord. No. 730-2015 § 1; amended 6-14-2023 by Ord. No. 865-2023]
a.
Private Garages, Cabanas, Sheds, Pergolas and Other Accessory Uses and Structures.
1.
Bulk Requirements:
(a)
Minimum Front Yard: Garages and other accessory structures are not permitted in front yard areas. (Exception see subsection 27-7.2a2(d)).
(b)
Minimum Side and Rear Yard: The minimum side yard setback shall be five (5) feet and the minimum rear yard setback shall be eight (8) feet. (Exception: Sheds which are sixty (60) sq. ft. or less in area, and eight (8) feet or less in height may have a rear yard setback of five (5) feet.)
(c)
Corner Lots: Detached garages and other accessory buildings shall not be located nearer to the sideline than requirements for the principal building.
(d)
All accessory structures must be at least eight (8) feet from the principal structure except as in subsection 27-7.2c2(b).
(e)
The maximum height of garages shall be fifteen (15) feet to the peak of the roof measured from the lowest grade adjacent to the structure. The maximum size shall comply with paragraph (i)(1) below.
(f)
The maximum height of cabanas, sheds, gazebos, and pergolas shall be no greater than twelve (12) feet to the peak of the roof, measured from the lowest grade adjacent to the structure. The maximum size shall comply with paragraph (i)(2) below.
(g)
Garages, cabanas, and sheds must have a minimum average roof pitch of 4:12 and should be consistent with the roof pitch of the dwelling.
(h)
It is encouraged that the architectural style, materials, colors, and detailing of these structures match those of the principal building.
(i)
One accessory building per lot is permitted, in excess of the maximum building coverage, in single-family and two-family residential zones, in the rear yard only (Exception: see Subsection 27-7.2a2(c) in accordance with the following: all structures are still considered in the floor area ratio calculation with the exception of open gazebos, pergolas and pavilions).
[Amended 6-23-2021 by Ord. No. 821-2021]
(1)
Detached garages are permitted pursuant to the following:
[a]
Garages must have an interior area measuring at least ten (10) feet by eighteen (18) feet.
[b]
The driveway shall extend the full distance to the garage from the street.
[c]
The ability of a vehicle to access the garage shall be fully demonstrated to the Zoning Officer.
[d]
The on-site parking for the dwelling unit exceeds the chapter requirement by at least one (1.0) space.
[e]
All detached garages shall comply with the following schedule:
Lot Width (linear feet) | Accessory Garage Maximum Building Area (square feet) |
|---|---|
40-49 | 200 |
50-59 | 250 |
60-99 | 300 |
100+ | 450 |
(3)
Additional or larger accessory buildings are permitted, however they shall count as building coverage to the extent that they exceed the above limits.
2.
General Requirements:
(a)
No accessory structure shall have cooking or toilet facilities installed therein and may not be used for dwelling purposes.
(b)
On interior lots which front on two (2) or more streets, no detached garage or other accessory building shall be erected so as to occupy any part of the quarter of the lot nearest the street.
(c)
All accessory structures shall be located entirely in the rear yard when lots are more than seventy-five (75) feet deep. Detached garages may extend up to three (3) feet past the rear yard line, toward the front line, where the accessory building setback is increased to eight (8) feet.
(d)
Bay front lots may utilize the street side for detached garages or other accessory structures.
b.
Private Tennis Courts.
2.
New material shall be metal. The use of barb, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" is permitted if vinyl-coated.
3.
Fencing shall be ten (10) feet in height above ground level and shall enclose the entire perimeter of the tennis court or courts. Gates made of chain link for ingress and egress are permitted.
4.
Fencing must be set back at least eight (8) feet from each property line, side and rear, unless the court is adjacent to and contiguous with a dwelling owned by the owners of the tennis court, in which case there shall be no front and rear setback requirements and the eight-foot side setback requirements shall apply only to that side property line which is most distant from the dwelling house.
5.
Public tennis courts are not considered as accessory uses.
c.
Pools.
1.
Bulk Requirements:
(a)
Aboveground Pools: All aboveground pools shall be setback a minimum of nine (9) feet from rear and side property lines.
All aboveground pools shall have a minimum height of twenty-four (24) inches and a maximum height of forty-eight (48) inches measured from the final property grade to the highest point of the exterior wall.
(b)
Onground Pools: Onground pools shall be permitted only on lots contiguous to the bulkhead or mean high water line.
All onground pools shall have a minimum side yard setback of nine (9) feet and a minimum rear yard setback of fifteen (15) feet.
All onground pools shall have a maximum height of eighteen (18) inches measured from the final property grade to the highest point of the exterior pool wall. Onground pools may not be higher than decks as permitted under subsection 27-7.3s.
(c)
Inground Pools. Inground pools, swimming pool equipment, including pumps, filters and heaters, shall be located not less than nine (9) feet from the rear and side property lines.
All inground pools shall be level with the final property grade, however, the coping shall not extend more than two (2) inches above the final grade.
Setbacks for inground pools shall be measured from the property line to the water's edge of the pool.
(d)
Hot Tubs: All hot tubs shall be set back a minimum of nine (9) feet from the rear and side property lines. On properties contiguous to the bulkhead or mean high water line, hot tubs shall be setback fifteen (15) feet from the rear lot line.
Hot tubs may be located at grade or on any conforming deck, terrace or patio. However hot tubs may not occupy front yard decks, terraces or patios.
(e)
Spas: All spas shall be setback a minimum of nine (9) feet from the rear and side property lines. On properties contiguous to the bulkhead or mean high water line, spas shall be setback fifteen (15) feet from the rear lot line.
All spas shall have a maximum height of eighteen (18) inches above the final grade.
(f)
Nonresidential Pool Standards:
(1)
Nonresidential pools are permitted in all yard areas.
(2)
Nonresidential pools shall have a setback of fifteen (15) feet from all property lines.
(3)
Nonresidential pool equipment shall be located fifteen (15) feet from all property lines.
(4)
Nonresidential pools shall provide a four (4) foot wide planted landscape buffer from adjoining properties and street sides.
(5)
No nonresidential pool shall be above ground or onground. Nonresidential pools shall be inground pools only.
2.
General Requirements:
(a)
No pool, hot tub or spa shall be located in the front yard.
(b)
All pools may have a zero (0) foot setback to decks attached to the principal structure.
(c)
All equipment such as pumps, filters and heaters shall be setback a minimum of nine (9) feet from the rear yard and nine (9) feet from the side yards.
(d)
In-ground and aboveground pools shall provide a four-foot-wide planted, uninterrupted landscape buffer on the rear and side yards. A rear buffer shall not be required on any lot which is contiguous to the bulkhead or mean high water line.
[Amended 4-28-2021 by Ord. No. 819-2021]
(e)
On-ground pools shall provide a four-foot-wide planted, uninterrupted landscape buffer on the sides only.
The intention of the foregoing amendment is to establish a uniform buffer for all swimming pools – inground, above ground, onground, residential and nonresidential alike.
[Amended 4-28-2021 by Ord. No. 819-2021; 6-14-2023 by Ord. No. 865-2023]
(f)
Any pool located on a lot contiguous to the bulkhead or mean high water line shall be set back nine feet from the side lot line and seven feet from the rear lot line. Any pool located on the oceanfront shall have a setback of nine feet from the side and rear lot lines and 15 feet from the Dune Line.
[Amended 4-28-2021 by Ord. No. 819-2021]
(g)
All decorative pool features such as spillways, water falls, fountains or water spouts shall have the same setback as the pool. These features shall have a maximum height of eighteen (18) inches above the finished grade.
(h)
All construction related to a new or existing pool in the Borough of Avalon shall be in compliance with all the provisions of this chapter and other applicable laws.
(i)
All drawings and plans for the construction, installation, enlargement or alteration of any pool and appurtenances shall first be submitted to the Zoning Officer and Construction Official for examination and approval. It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any pool without first obtaining permits from the Zoning Officer and Construction Official.
(j)
All plans shall be prepared by a New Jersey licensed professional engineer or architect, and drawings shall be drawn to a scale of not less than one inch equals ten feet (1"=10').
(k)
The pool application plan shall accurately show and dimension the property lot line location and all existing and proposed site structures, including principal and accessory buildings, decks, walks, patios, fences, pumps, pool equipment, decorative pool features as well as impervious coverage calculations. The plan shall show the elevation or height above final property grade of all pool features. All information pertaining to the pool including water supply system, drainage and disposal systems for the filtration unit; decks, walks and fence locations and all appurtenances pertaining to the pool, hot tub or spa must be provided and shall be in accordance with the Building Code (UCC).
(l)
All proposed pools shall comply with subsection 27-7.3u, the Storm Water Management section of this chapter.
(m)
Fences: All outdoor pools shall be completely enclosed by a fence as required by the construction code. All fences shall comply with subsection 27-7.3c.
(n)
(Reserved) Deleted by Ord. No. 730-2015 § 1.
(o)
Any pool discharge shall require a permit and the applicable fee. A minimum of three (3) working days notice, not to include Saturday, Sunday or a holiday, shall be given to the Inspection Department of a discharge.
(p)
(Reserved) Deleted by Ord. No. 730-2015 § 1.
(q)
Disinfection: Equipment shall be provided for the disinfection of all pool water. The disinfectant shall be introduced into the recirculation system ahead of the filters.
(r)
Any nonresidential pool shall be required to obtain site plan approval from the Board before commencement of construction, installation, enlargement or alteration.
d.
Private Docks. Where permitted by the Zoning Ordinance private docks may be constructed subject to all appropriate local, County, State and Federal regulations. (See subsection 27-7.3h.)
e.
Off-Street Parking.
1.
Space Requirements: Off-street parking areas in amounts specified hereafter, unless otherwise exempt, shall be provided in connection with any use or main building instituted after February 1, 1979. All residential, public and institutional uses, motels and hotels shall provide required parking area on the same lot with the principal use. Accessible parking shall be provided as required by the NJ Barrier-Free Sub-code, which parking shall be provided on all site plan applications. Off-street parking spaces shall be provided and satisfactorily maintained by the owner or lessor as follows:
(a)
Auditoriums, Stadiums, Theaters or Other Places of Public Assembly: at least one (1) space for each five (5) persons based on use group and occupancy load as established by the Uniform Construction Code.
(b)
Parking Requirements for Residential Land Uses:
[Ord. No. 709-2014]
Housing Unit Type and Size (2) | Parking Requirement |
|---|---|
One or two-family detached or attached | |
2 Bedroom | 1.5 |
3 Bedroom | 2.0 |
4 Bedroom | 2.5 (3) |
5 Bedroom | 3.0 |
Garden Apartment | |
1 Bedroom | 1.8 |
2 Bedroom | 2.0 (3) |
3 Bedroom | 2.1 |
Townhouse | |
2 Bedroom | 2.3 (3) |
3 Bedroom | 2.4 |
Source: Table 4.4 (Residential Site Improvement Standards) |
(1)
When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction less than one-half (1/2) may be disregarded, while a fraction equal to or in excess of one-half (1/2) or more shall be counted as one (1) parking space.
(2)
Requirements for attached units (apartment/condominium/ townhouse) include provisions for guest parking.
(3)
If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.
(4)
For residential uses, each off-street parking space shall measure nine (9) feet in width by eighteen (18) feet in length.
(5)
For one or two family detached or attached development or townhouses, every bedroom over five (5) bedrooms shall require one (1) additional off-street parking space.
(c)
Garage and driveway combinations shall be counted as follows:
(1)
Each garage car space shall be counted as one (1) off-street parking space, regardless of the dimensions of the driveway.
(2)
A one-car garage and driveway combination shall count as two (2) off street parking spaces, provided the driveway measures a minimum of eighteen (18) feet in length between the face of the garage door and the right-of-way.
(3)
A two-car garage and driveway combination shall count as three and one-half (3.5) off-street parking spaces, provided a minimum parking area width of twenty (20) feet is provided for a minimum length of eighteen (18) feet as specified for a one-car garage and driveway combination.
(d)
Hospitals or Nursing Homes: at least one (1) parking space for each two (2) patient accommodations.
(e)
Hotels or Motels: at least one (1) space for each unit with additional spaces as required for permitted auxiliary business or public assembly uses. If such parking space is located along the length or side of the motel building, a minimum unobstructed distance of eighteen (18) feet measured from the property line shall be provided for parking automobiles with facilities being made to provide access to such parking.
(f)
Rooming, Boarding and Tourist Homes: at least one (1) space for each rental room.
(g)
Convenience Stores and Supermarkets: a minimum of one (1) off-street parking space for each two hundred (200) square feet of gross floor area.
(h)
Fast Food Restaurants: a minimum of one (1) off-street parking space for each two hundred (200) square feet of gross floor area.
(i)
Commercial uses: at least one parking space for each 500 square feet of floor area.
[Amended 4-28-2021 by Ord. No. 819-2021]
(1)
Rear yard setback areas may be utilized for off street parking.
(j)
Marina: a minimum of 0.6 off-street parking space for each boat slip or personal watercraft dock.
[Added 4-28-2021 by Ord. No. 819-2021]
2.
Curbing and Parking Access Standards:
[Amended by Ord. No. 497-2001]
(a)
Curbs cuts (driveways) shall be constructed to Borough specifications.
(b)
The minimum distance between any curb cut (driveway) and the closest curbline of an intersecting street shall be thirty-five (35) feet.
(c)
Any adjustment to utility poles or other public improvements necessitated by any curb cut (driveway) shall be accomplished without cost to the Borough.
(d)
When a zoning permit or certificate of occupancy has been issued for a building or use with designated off-street parking, said off-street parking cannot be altered, reduced or eliminated thereafter unless approved by the Zoning Officer for single-family dwellings and two-family dwellings. All other buildings or uses including single-family and two-family dwellings, which are the subject of a Board action cannot be altered, reduced or eliminated thereafter unless approved by the Board.
(e)
Curb cuts (driveways) widths shall be measured at the curbline. Curb cut (driveway) widths constructed with radii shall be measured at the point of tangency along the curbline.
(f)
Curb cuts (driveways) for other than single-family dwellings or two-family dwellings are subject to Board review.
(g)
Single-Family Dwelling:
(1)
Frontage on one (1) improved street:
(2)
One (1) curb cut (driveway) with a maximum width of twenty (20) feet and a minimum width of twelve (12) feet.
(3)
Frontage on More Than One (1) Improved Street: Maximum two (2) curb cuts (driveways), each curb cut (driveway) on a different street. One (1) curb cut (driveway) with a maximum width of twenty (20) feet and a minimum width of twelve (12) feet and one (1) curb cut (driveway) with a width of twelve (12) feet.
(h)
Two-Family Dwelling:
(1)
Frontage on One (1) or More Improved Streets: One (1) curb cut (driveway) with a width of twenty-nine (29) feet. The curb cut (driveway) can be located on any of the improved street frontage(s). The curb cut (driveway) shall be located a minimum of ten and one-half (10.5) feet from the adjoining property line(s).
(i)
Where a street and/or curbs and sidewalks are proposed to be reconstructed by the Borough, the design shall be based upon the provisions of this chapter, but shall consider the reconstruction of existing curb cuts which result in an increased parking yield, either on street, on site, or both. Adjustments may be made to the existing curb cut locations and dimensions to achieve additional on street parking while still providing access to individual driveways.
(j)
Whenever such adjustments shall be proposed by the Borough, notice of same (the notice), shall be provided to each owner on the block by the Borough Engineer by certified mail or by personal service at least ninety (90) days prior to commencement of such reconstruction. Any property owner(s) impacted by the proposed reconstruction shall have the right to an informal hearing with the Borough Engineer. Such informal hearing shall be requested, in writing, within thirty (30) days of receipt of the notice. Requests for such informal hearings shall be filed with the Secretary of the Board. Such informal hearing shall thereafter be scheduled promptly. The Borough Engineer shall issue a written decision at the conclusion of the hearing. A copy of that decision shall be filed with the Secretary of the Board. Any property owner may thereafter appeal such decision of the Borough Engineer in accordance with the procedure established in the following section.
(k)
Pursuant to N.J.S.A. 40:55D-25 the Borough Council hereby designates and assigns to the Board the duty and responsibility of hearing and deciding all appeals arising from the preceding section dealing with decisions of the Borough Engineer and appeals there from. Following receipt of a written decision of the Borough Engineer any property owner aggrieved by such decision may appeal to the Board. Any appeal must be filed with the Secretary of the Board within thirty (30) days of receipt of the Borough Engineer's written decision.
f.
Signs. The purpose of this paragraph is to promote and protect the public health, safety, and welfare. As such, it will provide a more attractive residential and commercial climate within all areas of the Borough. This code is intended to create a more attractive business climate by further enhancing the streetscape improvement project undertaken by the community. This code seeks to enhance and protect the physical appearance of all areas by reducing the obstructions and hazards to pedestrian and auto traffic caused by indiscriminate placement and use of signs.
1. AWNING AND CANOPY BANNER SIGN BEACON LIGHTS HOLIDAY DECORATION SIGN IDENTIFICATION SIGN ROOF LINE SIGN SIGNABLE FACADE AREA SIGN, "A" FRAME, (OR SANDWICH SIGN) SIGN, ANIMATED OR MOVING SIGN AREA SIGN, AWNING SIGN, BENCH SIGN, BILLBOARD SIGN, BUS SHELTER SIGN, CANOPY SIGN, CHANGEABLE COPY SIGN, COMMUNITY INFORMATION SIGN, CONSTRUCTION SIGN, DIRECTIONAL AND INFORMATIONAL SIGN, DIRECTORY SIGN, FACADE SIGN FACE SIGN, FREESTANDING SIGN, HOME OCCUPATION SIGN, ILLUMINATED SIGN, INFLATABLE SIGN, MARQUEE SIGN, MEMORIAL OR NAMEPLATE SIGN, NEIGHBORHOOD IDENTIFICATION SIGN, NONCONFORMING SIGN, OFF-PREMISE SIGN, OPEN HOUSE SIGN, OPEN HOUSE DIRECTIONAL SIGN, POLITICAL SIGN, PORTABLE SIGN, PROJECTING SIGN, REAL ESTATE SIGN, RESIDENTIAL SIGN, ROOF SIGN, SPECIAL EVENT SIGN, STREET BANNER SIGN, SUSPENDED SIGN, SWINGER SIGN, TEMPORARY SIGN, TIME AND TEMPERATURE SIGN, VEGETATIVE SIGN, WALL SIGN, WINDOW SIGN, "YARD SALES" SIGN, "YARD SALES, DIRECTIONAL" STREAMERS/PENNANTS
Definitions:
A temporary or portable roof-like covering that projects from the wall of a building for the purpose of shielding openings from the elements.
Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any holiday, season, affiliation, institution, or business shall not be considered banners for the purpose of this chapter.
Any light with one (1) or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.
Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday or observance.
A sign giving the nature, logo, trademark or other identifying symbol; address; or any combination of the name, symbol and address of a building, business, development, or establishment on the premises where it is located.
The juncture of the roof and the perimeter wall of the structure.
Any object, device, display or structure, or part thereof, visible from the street or from any other property, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figure, design, symbols, fixtures, colors, illumination or projected images.
The rectangular, continuous area on the wall of a building, which extends from the top line of windows and doors on the first floor, and the bottom line of the second floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings.
A portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "A."
Any sign or part of a sign, which changes physical position by any movement, or rotation or which gives the visual impression of such movement or rotation.
The area of a sign which is computed by multiplying the greatest width of the sign face by the greatest height of the sign face. The sign area shall include the sign face and any framing, trim or molding, but shall not include the supporting structure. See Signable Facade Area.
A sign that is mounted to, painted on, or attached to an awning that is otherwise permitted by this chapter.
A sign painted on, located on or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway.
A sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
A sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the bus stop or bus shelter on which the sign is located.
A sign that is mounted to or painted on, or attached to a canopy that is otherwise permitted by this chapter.
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face of or the surface of the sign. The only portions of the sign exempted from the prohibition on flashing are the areas or portion that display time and temperature.
A sign which contains messages of civic groups, churches or places of worship, and local special events which directs attention to a church or place of worship, facility, event, club, or organization.
A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals, or firms having a role or interest with respect to the structure or project.
Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit." Window signs such as those that indicate hours of operation, credit card acceptance, and business affiliations are considered as informational signs. No sign with a commercial message legible from a position on the street shall be considered directional or informational.
Signs listing the tenants or occupants of a building or group of buildings. The respective professions or business activities may also be included as part of the sign.
See Sign, Wall.
The area or display surface used for the message.
Any immovable sign not affixed to a building.
A sign containing only the name and occupation of a permitted home occupation.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
Any display or object capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.
A sign that is mounted, or painted on, or attached to a marquee that is otherwise permitted by this chapter.
Memorial signs or tablets, names of building and date of erection when cut into any masonry surface, integral to the construction of a building, or when constructed of bronze or other incombustible material mounted on the face of a building, bench or other structure.
Signs which identify any type of housing development, by name.
Any sign that does not conform to the regulations of this chapter.
See Sign, Billboard.
An on-premises sign which identifies that a realtor or homeowner is conducting an "open house" at that residence pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(13).
An off-premises sign directing the public to a residence where a realtor or homeowner is conducting an "open house" pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(13).
A temporary sign announcing or supporting political candidates or issues in connection with any national, State or local election.
A sign that is not permanent, affixed to a building, structure or the ground such as an "A" frame, sandwich, or swinger sign.
A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.
A sign pertaining to the sale, rent or lease of the premises, or a portion of the premises, on which the sign is located.
A sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located. See Sign, Home Occupation.
A sign mounted on or above the roof of a building. A sign that projects above the top walk or edge of a building with a flat roof, above the eave line of a building with a gambrel, gable, mansard or hip roof.
Any sign sponsored by the Federal, State, County or local government and any sign sponsored by an agency, nonprofit group, public fundraising event required to notify the organizers, participants or general public of an event, parade route or other route such as a run or walk for charity or other semi-public or public purpose.
Any banner sign which is stretched across and hung over a public right-of-way.
A sign hanging down from a marquee, awning, canopy, porch, or roof overhang that would otherwise exist without the sign.
A portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "T," inverted. In no case shall swinger signs be permitted to actually swing.
A sign constructed of paper, cloth, canvas, plastic, plywood, or other lightweight material intended to be displayed for a short period of time, normally less than thirty (30) days.
A sign or a portion of a sign whose sole purpose is to indicate the time and/or temperature.
A sign affixed to ground plane or vegetation to identify the vegetation and/or commemorate a person or event.
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than six (6) inches from such building, or structure.
A sign that is applied to or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
An on-premises sign which identifies that an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale, at that residence pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(14). Official, governmental or charitable sales are excluded.
An off-premises sign directing the public to residence where an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale, at that residence pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(14). Official, governmental or charitable sales are excluded.
A temporary group of small decorative flags strung on a flexible cord or string designed to attract attention to the property for open house purposes.
2.
Approvals Required:
(a)
Each application for development shall include a sign plan showing a description of the message, trademark, symbol, or insignia, and the specific design, location, size, dimensions, colors, materials, height above ground, construction, and illumination of proposed signs in accordance with the following regulations:
(1)
Any sign hereafter erected in the Borough of Avalon, which is exposed to public view, shall conform to the provisions of this chapter and any other ordinance or regulation of the Borough of Avalon, the County of Cape May, the State of New Jersey or Federal government relating to the erection and maintenance of signs. In the event of conflicting regulations, the most restrictive regulation shall prevail.
(2)
All development applications shall submit all signs to be approved by the Board.
(3)
No sign, other than exempt signs set forth in paragraph (b) below, shall be erected without first obtaining a sign permit from the Zoning Office. Permit applications shall be accompanied by a plan, drawn to scale, showing details of the sign, type of illumination, type of materials, colors, its size, and location on the building and/or lot. Open-house signs shall be covered by a one hundred ($100.00) dollar annual permit. Notification of dates and times of all open houses shall be submitted forty-eight (48) hours in advance to the Code Enforcement Official. Signs governed by Section 10-13 shall be covered by the normal "yard sale" permit. All signs will only be permitted from 9:00 a.m. to 5:00 p.m. daily. Permits for window signs and changeable copy signs shall be valid as long as there is no change in the sign area, location, and type of such signs that have been authorized by permit. Fees for sign permits shall be paid in accordance with a fee schedule adopted by the Borough Council.
(4)
No sign other than traffic or similar official signs shall be erected within or project over the right-of-way of any public street, sidewalk, median island, or public promenade, except as hereafter provided.
(b)
Exemptions. The following signs are permitted in any zone without prior approvals:
(1)
One (1) nonilluminated real estate sign advertising the sale, lease, or rent of the premises upon which the sign is located, or the fact that the premises is under contract, which sign area shall not exceed a total of four (4) square feet. These signs may not be placed in the Borough right-of-way and shall be at least eight (8) feet from the curb line. The sign must be mounted so that the top of the sign is no more than thirty-six (36) inches above the ground. One (1) real estate sign may be present on the property in one (1) of the following configurations:
[a]
One (1) real estate sign may be displayed on the property while the property is for sale and must be removed immediately after transfer of title. The sign may include a placard placed at the top or bottom of a real estate sign, provided the addition of the placard does not increase the overall size of the sign beyond four (4) feet; or
[b]
One (1) real estate sign advertising the rental or lease of the premises upon which the sign is located; or
[c]
One (1) real estate sign advertising open house on the premises upon which the sign is located during the hours of 9:00 a.m. to 5:00 p.m. daily: or
[d]
If there is more than one (1) dwelling unit on a property, then one (1) real estate "for sale" sign may be displayed for each unit on the property which has a separate address and a separate owner. If two (2) or more units on a property are owned by the same owner, then only one (1) sign shall be permitted on the property for all units owned by that owner.
(2)
One (1) nonilluminated construction sign is permitted on any premises for which a zoning or construction permit has been issued, which sign shall be removed within seven (7) days of either the completion of construction, or the issuance of the final Construction Department certificate of occupancy, or final Construction Department inspection of the project to which the sign relates, whichever comes first.
[a]
Signs for one- or two-family uses shall comply with the size and location restrictions of subsection 27-7.2f2(b)(1) above.
[b]
For multiple lot, one- or two-family developments, the per lot sign area may be aggregated to create one (1) larger sign on one (1) of the subject properties, provided it does not exceed three (3) feet high by four (4) feet wide or twelve (12) square feet. These signs shall be no more than forty-eight (48) inches above the ground, supported by no more than two (2) posts not exceeding four (4) inches by four (4) inches.
[c]
Signs on nonresidential, mixed-use or multi-family residential premises shall not exceed three (3) feet high by four (4) feet wide or twelve (12) square feet. These signs shall be no more than forty-eight (48) inches above the ground, supported by no more than two (2) posts not exceeding four (4) inches by four (4) inches.
(3)
Decorations for a recognized officially designated holiday or casual observance provided that they do not create a traffic or fire hazard.
(4)
Official municipal, County, State or Federal governmental signs.
(5)
Change in the copy of a changeable copy or time and temperature sign, once a permit for the sign has been issued.
(6)
Political signs are permitted on private property throughout the Borough provided that they do not create a traffic or fire hazard.
(7)
Signs denoting the name and address of the occupants of the premises, which signs shall not exceed two (2) square feet in area.
(8)
Signs for a demolition sale that has obtained a permit. (See Section 10-13). Such signs may not exceed three (3) square feet and shall not be attached to trees or utility poles. Demolition sale signs may not be erected more than three (3) days prior to such sale; and must be removed immediately after the sale.
(9)
Portable signs, including a swinger, "A" frame, or sandwich sign, no larger than five (5) square feet when utilized to advertise daily specials, special events, restaurant menu specials and the like, providing the sign is only displayed when the establishment is open for business. These signs shall be located on the property to which they relate and under no circumstances shall these signs impede pedestrian flow, Borough right-of-way or be located in a sight triangle. One (1) sandwich sign per business with a minimum of twenty-five (25) feet between signs is permitted.
(10)
Restaurant menus when displayed in a glass case affixed to the exterior building wall for that purpose, or when displayed on a signboard located in close proximity to the restaurant entrance located on private property. The area of the signboard or display case shall not exceed the menu size by more than thirty (30%) percent, and shall not be greater than four (4) square feet.
(11)
Temporary window signs shall not impede a clear view through the total storefront window area, and shall be promptly removed upon termination of the sale or event, and shall not be displayed for longer than thirty (30) days.
(12)
Directional and informational window signs including hours of operation, credit card acceptance, and business affiliations are considered informational signs, and are not included in the twenty-five (25%) percent maximum permitted window sign area. No sign with a commercial message legible from a position on the street shall be considered directional or informational.
(13)
Open house directional signs, open house signs and streamers/pennants may be posted in accordance with this subsection only if the realtor/homeowner has on file with the Zoning Officer a current annual permit for such signs. Balloons are not permitted at any time. Open house directional signs and open house signs shall have a face no greater than three (3) square feet and a height no greater than three (3) feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. This is the only permissible sign. One (1) sign per intersection to a maximum of two (2) signs total may be posted at nearby intersections and within the public right-of-way (between the curb and the sidewalk). No other real estate sign shall be posted at a residence while an open house sign is posted there. A banner sign may be posted on-premises along with an open house sign posted in accordance with this subsection and hang no lower than seven a (7) feet from grade. Open house directional signs, open house signs, pennants/streamers and banner signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the realtor or homeowner shall be present on the premises and, shall not hold an open house for no longer than three (3) consecutive days, and at the conclusion of each day, such signs shall be promptly removed by the realtor/homeowner. The Zoning Official and Code Enforcement Official are hereby authorized to remove any open house directional sign and to request the immediate removal of any open house sign, pennants/streamers, or banner signs that are posted in violation of these conditions. These powers shall be in addition to those remedies and penalties as set forth under subsection 27-8.6.
(14)
Signs defined as "yard sale" and "yard sale directional signs", which does not include open houses, may be posted in accordance with this subsection only if the sponsor has a current permit for the "yard sale." Balloons are not permitted at any time. Yard sale directional signs and yard sale signs shall have a face no greater than three (3) square feet and a height no greater than three (3) feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. One (1) sign per intersection to a maximum of two (2) signs total may be posted at nearby intersections and within the public right-of-way (between the curb and the sidewalk). Yard sale signs and yard sale directional signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the sponsor is present on the premises and must be removed promptly when the sale is over. Yard sales at a premises may not be conducted more that twice between January 1 and December 31 of any year.
Editor's Note: Yard Sales, see Borough Code Section 10-13.
(15)
Temporary banner signs on buildings promoting functions of nonprofit organizations shall be permitted fourteen (14) days prior to the event and shall be removed three (3) days after the event. These signs shall not exceed thirty-two (32) square feet.
[a]
A temporary banner that is not larger than thirty (30) inches by twenty (20) feet located at the intersection of 30th Street and Dune Drive in the eastbound lane of 30th Street, on the Borough's banner poles. These banners are to be erected not more than thirty (30) days prior to an event or special program and shall be removed within three (3) days following the event or special program. These signs are subject to availability and the procedures set forth by the Borough.
3.
Design Standards.
(a)
All height limitations shall be measured from the average grade at the curbline to the top or bottom of the sign, as is specified, or its supporting structure.
(b)
Where any sign, flag, or banner is located over a walkway, sidewalk, pedestrian way, or other public area, the bottom of the sign, flag, or banner shall be at least seven (7) feet above grade level of the pedestrian area.
(d)
No existing sign shall be enlarged, rebuilt, structurally altered, or relocated except in accordance with the provisions of this chapter. Furthermore, the failure to issue a permit for any sign shall not relieve the owner or lessee of the premises from the duty of safely maintaining any such structures.
(e)
Signs shall be located outside of sight triangles as defined in the Subdivision and Site Plan Review Ordinance (Section 26-4).
(f)
No sign of any type will be permitted to obstruct driving vision, traffic signals, and traffic direction and identification signs.
(g)
Signs using mechanical devices, electrical devices or both to revolve, flash, talk, play music, or display movement or the illusion of movement are prohibited in all zones. Time and temperature signs are exempt from this provision.
(h)
Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area. All exterior lighted signs shall be shielded or have translucent fixtures to prevent glare. The external light source shall be focused downward.
(i)
Attached wall signs shall be affixed parallel to wall to which they are attached, and the face of the sign shall project no more than six (6) inches from the surface of the wall.
(j)
All signs shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts or landscaping, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The owner of any property on which a sign is located and those responsible for the maintenance of the sign shall be equally responsible for the condition of the area in the vicinity of the sign and shall be required to keep this area clean, sanitary, and free from noxious or offensive substances, rubbish, and flammable waste materials. If the sign is not made to comply with adequate safety standards, the Zoning Officer shall require its removal.
(k)
It is recommended that all signs should have a consistent sign design throughout a particular project, and shall complement the architecture of the building and the site design elements. This includes the style of lettering, construction, material, type of pole or standard (wood or metal), size and lighting. Color of letters and background should be carefully considered in relation to the color of the material of the buildings or other location where the signs are proposed to be located. Signs should be a subordinate rather than a predominate visual feature of a plan.
(l)
The sign area of two-sided signs shall be computed using one (1) side of the sign.
(m)
The area of individual letter, or segmented wall signs shall be computed by first measuring the initial letter, number, logo, trademark or symbol or letters of the name independently as a rectangle enclosing the letter, number, logo, trademark, or symbol and adding thereto the area of a rectangle enclosing all the remaining letters, numbers, logos, trademarks, or symbols forming the sign. Other wall signs of a solid face construction, which are placed and securely fastened to the building wall and are complete in themselves shall have the area computed on the basis of a rectangle or circle formed by a complete sign.
(n)
All awnings and canopies shall be opaque and under no circumstances can an awning or canopy let light through. Awnings and canopies may extend a maximum of six (6) feet from the exterior wall of the building. Under no circumstance may any temporary sign, banner, or flag be attached to the bottom of any awning or canopy below a height of seven (7) feet from grade level of the pedestrian area.
(o)
No advertising for real estate agents, developers, contractors, builders, architects or tradesmen is permitted on Neighborhood Identification Signs.
4.
Prohibited Signs. All signs which are not expressly permitted or exempt from regulation in accordance with this chapter, are prohibited. The following are examples of signs which are expressly prohibited:
(a)
Signs on the Dune Drive median islands other than traffic safety, directional, public warning signs and special event signs. Special event signs are further regulated by this chapter.
(b)
Signs hung or attached to Boardwalk railings;
(c)
Beacons;
(d)
Tethered balloons;
(e)
Signs using red, yellow, and green lights which mimic the operation of any traffic control signal;
(f)
Signs using the words such as "stop," "look," "danger," which are placed to constitute a traffic hazard or interfere with the free flow of traffic;
(g)
Roof signs or signs mounted on the roof;
(h)
Strings of light (not including holiday lighting and decorations);
(i)
Animated or moving signs;
(j)
Internally illuminated awning and canopy signs;
(k)
Internally illuminated wall, projecting, and suspended signs (except neon or gas tubing signs);
(l)
Vehicle(s) or trailer(s) located to serve as a sign in circumvention of this chapter;
(m)
Signs which present lewd language or graphic sexual depictions;
(n)
Bench signs which display a commercial message;
(o)
Bus shelter signs; and
(p)
Temporary signs of builders, architects, engineers, developers, contractors, mechanics, painters, paperhangers and/or artisans, except where expressly permitted.
(q)
Any signs on trees or utility poles.
(r)
Inflatable signs.
5.
Residential Districts and Uses: (R-1AA, R-1A, R-1B, R-1C, R-2A, R-2B).
(a)
A permitted professional office or approved home occupation, may have one (1) sign not to exceed three (3) square feet and shall be setback a minimum of three (3) linear feet from all property lines.
(b)
A church or nonprofit organization may have two (2) signs not to exceed a total of thirty-two (32) square feet displayed on the property. One (1) sign may be an identification sign and one sign may be a changeable copy sign. All signs shall be a minimum of three (3) feet from any property line.
6.
Public Use and Public Conservation Districts: one (1) sign identifying each public use for (charitable or nonprofit) institution located on site shall be permitted and shall not exceed an area of twenty-five (25) square feet. A zoning permit is required for each sign.
(a)
Along Avalon Boulevard, no signage, except for the Department of Transportation and Borough owned signage is permitted. Borough owned signage should include:
(1)
A "Cooler by a Mile" sign.
(2)
Two (2) community information event signs each capable of displaying two 4 ft. x 8 ft. event signs for Avalon-related, not-for-profit organizations only. Church signs and nonprofit organizational signs will be located beneath the event signs and fastened to a separate board. The administration of this paragraph shall be in accordance with rules adopted by Borough Council by resolution.
"Avalon-related non-profit organizations" is defined as any Avalon-based charitable organization affiliated, connected, or associated with an organization having obtained the 501(c) status or a subordinate charitable organization having tax-exempt status or a subordinate charitable organization having tax-exempt status, and that benefits the citizens of Avalon. The event or some portion of the event must be held in the Borough of Avalon.
(3)
The use of portable electronic signs is permitted only during a declared state of emergency, or as deemed necessary by the Mayor and/or the Office of Emergency Management. This sign will be removed when not in use.
(4)
No commercial signage is permitted.
(b)
No event signs will be permitted in any other Public Conservation or Public Use Zone.
7.
Commercial Districts and Uses: (R-M (Hotel-Motel), B-1, B-2, M-B).
(a)
Any sign authorized for permitted uses in the residential districts as specified above is permitted in a commercial district.
(b)
Freestanding Signs:
(1)
Freestanding signs are not permitted in the B-1 Zone except where a lot has a minimum of one hundred (100) feet of frontage on a County road, and then only one (1) freestanding sign is permitted, fronting on the County road.
(2)
Where permitted, one (1) freestanding sign shall be permitted at a rate of one (1) square foot of sign (per side), for every three (3) linear feet of street frontage. Freestanding signs shall not exceed a total maximum area of thirty (30) square feet per side.
(3)
Freestanding signs shall be located a minimum of five (5) feet away from all property lines.
(4)
Freestanding signs shall be no higher than fifteen (15) feet above ground level, and shall have no more than two (2) sides.
(5)
Freestanding signs shall not be internally illuminated, but illuminated by a shielded, exterior, downward-facing light source.
(c)
Building Signs:
(1)
Facade, wall, suspended, projecting, awning and window signs shall have a maximum area of four (4%) percent of the total of the area of the building facade fronting on each public street, but in no case shall any individual sign area be greater than fifty (50) square feet.
(2)
Wall signs shall be located between the top line of windows or doors on the first floor, and the bottom line of the second floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings. See Signable Facade Area.
(3)
Wall signs shall not project beyond the roof or sides of the building. Wall signs may not project more than six (6) inches beyond the front surface of the building.
(4)
Temporary banners, at least seven (7) feet above grade and not greater than thirty (30) square feet in total area, shall be permitted for seasonal or temporary sales for fourteen (14) days prior and three (3) days after the seasonal or temporary sale. A temporary banner may not be erected for more than twenty-eight (28) consecutive days, and a minimum of twenty-one (21) days shall elapse before another such sign is permitted on the property.
(5)
Projecting or suspended signs with a display area not greater than four (4) square feet, shall be permitted for each storefront or business service having an individual public entrance from the exterior of the building.
(6)
Projecting signs may not project more than thirty (30) inches from the exterior wall of the building.
(7)
Suspended signs may not extend farther away from the exterior wall of the building than the structure from which it is supported. In no case shall the suspended sign be greater than four (4) feet from the exterior wall of the building.
(8)
One (1) etched or painted permanent window sign shall be permitted in one (1) storefront window of any retail or commercial business, providing it does not exceed twenty-five (25%) percent of the window area.
(9)
One (1) awning or canopy sign shall be permitted on the vertical fringe of the awning or canopy providing the maximum letter height does not exceed eight (8) inches. Under no circumstances shall the awning or canopy be internally illuminated.
(10)
Changeable copy signs are permitted only for automobile filling and service stations to provide pricing information.
(11)
Time and temperature signs are permitted but in no case shall the area of such signs exceed the maximums permitted.
(12)
Neon or gas tubing signs are permitted and subject to the following conditions:
[a]
Neon or gas tubing attached to facades and roof lines to accentuate architectural elements is considered to be a sign by definition in the chapter. A development application to the Board is required to seek approval of neon tubing used as an architectural element. In no case shall any neon or gas tubing exceed an initial output of two hundred (200) lumens.
[b]
No neon or gas tubing sign may revolve, flash, or display movement or the illusion of movement.
[c]
Neon or gas tubing signs can be installed in windows but shall not exceed twenty-five (25%) percent of the total window area. The area of neon signs is calculated by creating a rectilinear area around the sign and calculating the sign area within the rectilinear space.
[d]
Whenever a parcel in the commercial district is directly across the street from residential districts as shown on the map of the Borough of Avalon, neon and gas tubing signs are prohibited.
[e]
All neon or gas tubing signs are required to have an initial output of less than two hundred (200) lumens.
8.
Billboard or Off-Premises Signs. The purpose of this paragraph is to promote the unique scenic beauty of Avalon. Specifically N.J.A.C. 16:41C-1 et al. entitled Roadside Sign Control and Outdoor Advertising prohibits billboards and off-premises signs adjacent to the Garden State Parkway, scenic areas, and in residential areas. Whereas there are no highways located in or adjacent to the Borough and, whereas residential districts are located in proximity to commercial districts and there are no industrial districts located in or adjacent to the Borough, the Borough of Avalon hereby prohibits all billboard and/or off-premises signs.
g.
Home Occupations.
1.
General Requirements:
(a)
Such occupations or professions shall be carried on wholly within a building.
(b)
The business does not involve more than one (1) person not living on the premises.
(c)
The office does not occupy more than two hundred (200) square feet of the principal residential structure nor more than one hundred eighty (180) square feet of any accessory structure.
(d)
There shall be no exterior indication of a variation of the residential character of the premises.
(e)
There shall be no storage of any materials outside of any structures.
(f)
The bulk requirements shall be the same as for the zone within which the dwelling unit is located.
(g)
No home occupation shall produce any offensive noise, vibration, smoke, dust, odor, heat or glare.