Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building and shall maintain all of the required setbacks for the principal building.

Distance between adjacent buildings. The minimum distance between any detached garage and principal building on the same lot shall be 25 feet.

Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article IV.

Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.

Garage ceiling height. All garages shall contain a minimum first-floor ceiling height of nine feet.

Installation of trees and/or hedges that form a fence-like barrier, both new and replacement of existing, requires a site development permit and zoning approval from the Zoning Office prior to installation.

Installation or replacement of material of any kind, including trees, bushes, plant arrangements in any form, retaining walls, walkways, etc., located in the Borough right-of-way adjacent to all properties in the Borough of Avon-by-the-Sea requires a site development permit and zoning approval from the Zoning Office prior to installation.

Landscaping. Landscaping plans shall be provided for all site plans in accordance with the following requirements:

Additional requirements for hedges and vegetation for all parcels in all zones.

Fences on all parcels in all zones shall be subject to the following requirements.

All parking areas, walkways thereto and appurtenant passageways and driveways, serving commercial, public office, industrial, garden apartments, townhouses and other similar uses having off-street parking and loading areas, and building complexes requiring area lighting, shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for non-glare, color-corrected lights focused downward and properly shielded.

The light intensity provided at ground level shall be a minimum of three-tenths foot candle anywhere in the area to be illuminated, shall have a minimum average of five-tenths (.5) foot candle over the entire area and shall be provided by fixtures with a mounting height not to be more than twenty (20) feet measured from the ground level to the center line of the light source or the height of the building if attached, whichever is lower.

Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety, and overhead sky glow.

The objective of these specifications is to provide safe and adequate on-site lighting and to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. No multiple string lights, except holiday lighting, shall be permitted in any zone to illuminate or attract whether in parking areas, display areas, or yard areas.

To achieve these requirements, the intensity of such light sources, light shielding, and similar characteristics shall be subject to site plan approval by the municipal agency.

All light stanchions or poles shall be located within a curbed, landscaped island.

The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is non-conforming to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure is located except as provided by law.

Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a non-conforming use or structure.

Any nonconforming use, structure or lot may change ownership and continue to function as the same non-conforming use, structure or lot provided all other provisions of this chapter and other applicable laws are met.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. Neither a nonconforming structure nor a structure containing a nonconforming use shall be enlarged, extended, or increased without an appeal to the Planning Board. Any improvement to a seasonal nonconforming use that would alter the seasonal nature of the use would also require approval of the Planning Board.

A prior nonconforming structure and/or structure containing a nonconforming use may be structurally altered if such alteration neither increases the existing nonconformity nor creates a new violation.

No part of the first floor or street floor of any garage or storage building shall be used for living or dwelling purposes.

General provisions.

Specified requirement for number of parking spaces. Each individual use shall provide parking spaces according to the following provisions. Where a permitted use of land includes different specified activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

Loading space required.

Drainage. No storm water or natural drainage that originates on the property or water generated by the activity, e.g., air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved or existing drainage system.

Electrical and/or electronic radiation control. All electrical or electronic devices located within the boundaries of a dwelling unit; manufacturing industrial or commercial building; medical clinic; or professional office, shall be subject to the provisions of Public Law 90-602, 90th. Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation". Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. Applicant shall, upon request, produce certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance to the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 kHz and 10 gHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations.

Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

Heat. No use shall produce heat perceptible beyond its lot lines.

Noise. Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey State Department of Environmental Protection as they are adopted and amended.

Odor. Odors shall not be discernible at the lot line or beyond.

Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source or water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards, provided however that indoor storage of materials for commercial purposes is prohibited in residential zones.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans for any use shall be permitted to discharge exhausted air unless set back from all property lines ten (10) feet or equipped with baffles to deflect the discharged air away from the adjacent use.

Vibration. There shall be no vibration that is discernible to the human sense of feeling beyond the immediate lot.

Grade change. Existing, natural grading on a lot may not be significantly changed (more than one foot) for the purpose of increasing allowed building structure and is not to negatively impact the adjacent properties.

Stormwater recharge required. All new structures or additions 750 sf or greater shall be piped directly to dry wells. The dry well shall be sized to have a volume of one cf for every 12 sf of roof area of the proposed structure

Basements. Basement floor slabs shall be a minimum of one foot above the seasonal high groundwater elevation to be determined via a minimum of two soil borings and signed by a professional engineer unless the basement is designed to be watertight and suitably anchored and structurally designed to resist the hydrostatic pressure. All applications proposing a basement floor elevation less than one foot above the seasonal high groundwater elevation shall include signed and sealed calculations and structural details prepared by a professional engineer licensed in the State of New Jersey certifying the structural design.

General provisions. No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. The erection of any permanent sign shall require a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be free-standing or attached to buildings in an approved manner.

Permitted signs. The following signs are permitted for uses as specified in Article IV of this chapter.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear or side yard areas only and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district, except that in no case may a swimming pool be located closer than ten (10) feet to any lot line or any building.

A swimming pool shall occupy no more than seventy-five (75%) percent of the yard area in which it is located.

All outdoor swimming pools shall be enclosed by a substantial fence in accordance with the requirements of the New Jersey Uniform Construction Code.

No open space provided around any principal building for the purposes of complying with the front, side, rear, or other yard provisions of this chapter shall be considered as providing the yard provisions for any other principal building.

Any structure located on a corner lot shall be set back from both streets at least the required front yard setback.