Every lot shall include front, side and rear yards having not less than the minimum areas and dimensions required within the particular zone in which said lot is located. Required yards are set forth in Schedule A.

No lot and no yard or other open space on an improved lot shall be used to satisfy yard or other open space requirements for any other lot. No lot in a residential zone shall be used to fulfill parking requirements for uses in nonresidential zones.

All required yards shall be unoccupied and unobstructed, except for natural vegetation, for permitted accessory structures and as otherwise permitted herein.

Steps, landings and open porches extending not more than 72 inches from the front building line and not more than 36 inches from a side building line, not exceeding more than 20 square feet in size and which are not more than 48 inches above average grade.

Window wells affording light and air to basement and cellar areas.

Cornices and eaves may project not more than two feet into any required yard.

Chimneys may project not more than two feet into any required yard.

Driveways providing access to permitted garages or parking areas and walkways; provided, however, that in residential zones, driveways used to provide access to private garages shall not be wider than 22 feet. Except for driveways and walkways as permitted herein, front yards shall remain pervious.

Sills, leaders and similar ornamental or structural features may project not more than six inches into any required yard.

Fences and retaining walls, as specifically permitted in this chapter.

Flagpoles, decorative lighting, private freestanding mailboxes, children's playground equipment, outdoor fireplaces and yard clotheslines and posts, which must be set back at least five feet from any property line. Except for flagpoles, lighting and mailboxes, all such structures shall not be located in the front or side yard.

Freestanding residential heating and cooling units, if located in the side yard and only if buffered from adjacent neighbors with evergreen plantings, enclosures or equally effective measures to help mitigate visual appearance, noise and vibration. A minimum setback of three feet shall be maintained for freestanding residential heating and cooling units located in side yards. Such structures shall not be located in the front yard.

Utilities and underground drainage structures serving only the lot on which they are located.

Such machines shall be permitted in the CBD, B-2 and M1 Zones as accessory uses to establishments where the primary use is a recreational/entertainment use, such as bowling alleys, theaters, the YMCA or similar establishments and establishments licensed to sell alcoholic beverages for on-site consumption only in accordance with the following limitations:

Premises wherein the operation of such machines is permitted under this article are also subject to licensing and regulation provisions of Chapter 128 of the Code of Township of Bloomfield.

A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of this chapter, as amended.

A freestanding satellite dish shall be located as close to the center of the rear yard and rear facade of a principal building as possible without causing significant interference with reception. A waiver may be sought from the board of jurisdiction for a location within the required yard area of a principal building, but in no case shall it be permitted nearer to a property line than is allowed for accessory buildings in the zoning district. For aesthetic and safety purposes, the rear yard shall be enclosed with a fence that is opaque to a height of at least four feet and that otherwise conforms to the fence requirements of the Township of Bloomfield. The perimeter of the base of the supporting structure shall be landscaped with appropriate plant materials to a height of three feet or the lowest part of a dish antenna, whichever is higher.

A freestanding satellite dish antenna shall not exceed 10 feet in height measured from the base to the top of the antenna in an upright position.

Satellite dish antennas and supporting structures shall be maintained in good physical condition and comply with all applicable building and safety codes.

Outdoor storage of any kind is prohibited within the front yard.

The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones. This prohibition shall include, without limitation, inoperable or unregistered motor vehicles.

No outdoor vertical stacking of vehicles shall be permitted.

Outdoor storage of garbage trucks in any zone is specifically prohibited.

No flammable or explosive liquids, solids or gases and no toxic waste shall be stored outdoors unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with operational and compliant heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. This provision shall not apply to outdoor storage of motor vehicles on the premises of a dealer.

No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.

No pool shall be closer than: five feet to any accessory structure or side or rear lot line or 10 feet to any structure or to a rear lot line that serves as a front lot line on any adjacent lot or 10 feet to the principal building on the lot.

No swimming pool shall be constructed within the front or side yard area, which shall include both required front yard areas on any corner lot.

No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.

The fence requirement set forth in Chapter 508 of the Bloomfield Township Code shall be complied with.

Accessory buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of § 315-36.

Equipment and machinery used in connection with the construction, alteration, removal or demolition of any buildings or structure or the excavation of any land may be permitted to stand upon the premises where such work is being undertaken while the same is in progress.

No mobile dwelling, trailer or recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.

No mobile dwelling, trailer or recreational equipment shall be stored or parked at any time when said premises are vacant, except for vacation absences.

All mobile dwellings, trailers or recreational equipment shall be stored or parked to the rear of the rear building line of the principal building and shall comply with accessory building setbacks.

All mobile dwellings, trailers or recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.

All mobile dwellings, trailers or recreational equipment shall be maintained in mobile condition.

No mobile dwelling, trailer or recreational equipment shall be used for sleeping or dwelling purposes while on said premises and shall not be commercially stored or offered or displayed for sale. Such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.

No mobile dwelling, trailer or recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.

Vending machines. In the CBD, B-2, M-1 and CC Zone Districts, a nonresidential property is permitted to have two outdoor vending machines in accordance with the following:

Used clothing bins. A nonresidential property is permitted to have up to two used-clothing bins in accordance with the following:

Phone booths, commercial mail and courier boxes and newspaper distribution boxes. These items may not be located on private property in residential zones or in required sight triangles and should be located so as to not interfere with pedestrian or vehicular circulation and safety. These uses are recommended to be aesthetically pleasing as possible, and to incorporate a design theme where appropriate.

The use is accessory to one of the following principal uses: beauty or barber shop, salon, spa, health club or municipal recreation facility.

All persons employed or to be employed by the establishment for the purpose of conducting massage or bodywork therapy shall be licensed by the State of New Jersey pursuant to the Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq., as may be amended from time to time, and such licensure shall remain current.

The name, permanent address and local address of both the owner of the business and those employed as therapists shall be on file with the Township's Department of Health and Human Services and the Administrative Officer.

A zoning permit specifically related to the accessory use shall be obtained prior to the start of any such accessory use. Prior to the issuance of a zoning permit for the accessory use, the Township Board of Health shall inspect the facility for compliance with the Massage and Bodywork Therapist Licensing Act and the regulations promulgated pursuant thereto. The Board of Health shall issue a report to the administrative officer setting forth its findings. No zoning permit shall be issued unless the Board of Health determines that the establishment fully complies with all requirements of the Massage and Bodywork Therapist Licensing Act and its implementing regulations and this section.

Copies of all licenses issued pursuant to the Massage and Bodywork Therapist Licensing Act shall be on file with the administrative officer and the Department of Health and Human Services.

Each zoning permit issued pursuant to this section shall expire on March 1 of the year following its issue and each year thereafter and must be renewed annually on or before that date. Prior to the issuance of any renewal, the Board of Health shall conduct the inspection and issue the report set forth in Subsection D(11)(d) hereof.

Any violation of the Massage, and Bodywork Therapist Licensing Act or its implementing regulations shall result in any automatic rescission of the zoning permit.

The floor area devoted to massage and bodywork therapy shall not occupy more than 25% of the total floor area occupied by the establishment.

There shall be no more than two rooms designated for massage and bodywork therapy for every 1,000 square feet of space occupied by the establishment. There shall be no exterior entrance to those rooms, which shall be accessible only through interior hallways. No such rooms shall have doors.

Rooms for therapy shall be a minimum of 100 square feet.

Therapy shall be offered only during the business hours of the principal use.

Any signage advertising the accessory use shall be limited to two square feet and shall either be incorporated into a sign advertising the principal use or count toward the total number of signs permitted for the establishment.

A sidewalk cafe shall utilize no more than six feet or 1/2 of the sidewalk located directly in front of the restaurant space, whichever is less. In no case shall less than four feet of sidewalk be available for pedestrian traffic.

Outdoor dining, exclusive of sidewalk cafes, may be located in a side or rear yard, provided that it is screened from pedestrians and adjacent lots by a six-foot solid fence.

Outdoor dining, but not sidewalk cafes, must comply with parking requirements inclusive of the additional seats located outdoors.

Any enclosure or awning covering a sidewalk cafe or outdoor dining area and the tables, chairs or other space dividers utilized by the restaurant shall be removed during seasons when not in use. No such enclosed area shall be heated.

Minor site plan review is required for the creation of a sidewalk cafe or outdoor dining area.

The restaurant must conform to all building codes and Department of Health and Human Services standards established by statutes, regulations and ordinances.

Single-family detached dwellings.

Public parks and playgrounds.

Two-family dwellings (only in R-2A and R-2B residential zones).

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Home occupations.

Accessory dwelling units in existing detached garages in the R-1A Zone, only.

Garden apartments.

Mid-rise multifamily apartment buildings.

Public parks and playgrounds.

Institutional uses.

Houses of worship on parcels of 10,000 square feet or greater.

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Continuing care retirement communities.

Home occupations.

Wireless communications facilities.

Maximum widths of driveways for one-way traffic: 10 feet.

Maximum widths of driveways for two-way traffic: 20 feet.

Maximum density: 25 dwelling units per acre of site area for garden apartments and 50 dwelling units per acre for mid-rise apartment buildings.

A minimum of 20% of the site area shall consist of landscaped open area, exclusive of building area, parking areas and driveways. A minimum of 10% of the site area which can be included in the foregoing 20% must be common open space devoted to active or passive recreation use by the residents of the apartment development, including play areas, sitting areas, swimming pools and the like.

Garden apartments may include more than one principal building per lot. No garden apartment building shall contain over 24 apartment units or be over 160 feet in length.

The minimum distance between garden apartment buildings shall be 30 feet between building faces (long dimension) and 15 feet between buildings (short dimension). The fifteen-foot separation shall apply to building faces and ends where these adjoin, but no more than 1/2 of a building end may overlap an adjoining building face under this provision, otherwise a thirty-foot minimum separation shall be maintained.

The minimum setback of driveways and surface parking lots from buildings shall be eight feet, except where driveways enter garages within the building, and five feet from any lot line.

Building height. Two stories for garden apartments and not more than six stories for mid-rise apartment buildings.

Not more than 75% of the dwelling units shall have more than one bedroom.

Mid-rise apartment buildings may utilize ground floor parking, but only if enclosed in a manner that renders it as inconspicuous as possible through coordination with the architectural design of the facade of the building.

All building exteriors shall be of brick or masonry materials.

Detached single-family dwellings.

Townhouses, provided they meet the standards of Subsection C(4) below.

Public parks.

Uses that are customarily incidental and accessory to the principal uses as permitted herein.

Continuing care retirement communities.

Townhouses as defined in this subsection shall be subject to the following regulations and restrictions:

Single-family detached dwellings.

High-rise apartments (multiple-family dwellings over six stories).

Places of worship including parish houses and Sunday school buildings.

Public uses; but excluding a warehouse, workshop or other uses involving outdoor storage or storage of heavy equipment.

Educational institutions.

Hotels and extended stay lodging facilities.

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Home occupations.

Wireless communications facilities.

Restaurants, without drive-through service.

Fast food restaurants, without drive-through service.

Bars.

Offices.

Personal services establishments on the ground floor only, including tattoo parlors but excluding massage parlors, provided that not more than one establishment of the same type shall be permitted in the same block from side street to side street.

Retail sales and services.

Service clubs.

Banks, which may offer drive-through service.

Public parking areas.

Public uses.

Public utilities.

Educational institutions.

Public parks.

Shopping centers, with a maximum of 50,000 square feet of gross leasable floor space.

Uses that are customarily incidental and accessory to the principal use as permitted herein; however, no accessory parking facility shall front on a public street.

Massage, bodywork and somatic therapy. See § 315-36D(11).

Sidewalk cafes and outdoor dining. See § 315-36D(12).

Multifamily dwellings.

Gasoline service stations.

Cannabis retailer.

Eating and drinking establishments (fully enclosed, consumption entirely within the building but excluding drive-through establishments).

Residential dwelling units on the second floor or above to a maximum overall height of six stories and subject to the parking requirements of this chapter.

Multilevel garages and parking decks above or below ground.

Offices.

Personal service establishments on the ground floor only, including tattoo parlors but excluding massage parlors, provided that not more than one establishment of the same type shall be permitted in the same block from side street to side street.

Retail stores on the ground floor only.

Service club.

Theater.

Places of worship, including parish house and Sunday school buildings on individual parcels of at least 10,000 square feet.

Educational institutions.

Public parks.

Banks.

Commercial parking facilities.

Commercial recreational facilities.

Automobile sales.

Car washes.

Uses which are customarily incidental and accessory to the principal use as permitted herein.

Fast food restaurants with drive-through.

Gasoline filling stations excluding auto repair.

Cannabis retailer.

Wireless communications facilities.

Multifamily dwellings.

To provide for land uses and facilities beneficial to both the community and to transit users of the NJ Transit Midtown Direct service from the Watsessing Station to New York City;

To increase use of the Watsessing Rail Station;

To provide for land uses that will generate and encourage transit ridership and are conducive to the district's limited road network, low visibility and proximity to the established residential neighborhoods and the B-2 Business Zone that adjoin the CORD;

To encourage new construction of a compact low- to mid-rise development pattern that is pedestrian-friendly, suburban in scale and is compatible with the adjacent residential and commercial areas;

To allow for the sensitive adaptive reuse or reconstruction of existing industrial buildings, consistent with NJDEP rules and regulations;

To permit the development of multifamily residential units which may incorporate small retail and service businesses serving the needs of the local residents;

To locate these uses within walking distance of each other and the rail station in order to enhance the convenience for residents, shoppers, commuters and employees and to reduce auto traffic by providing an environment conducive to pedestrians, bicyclists and transit users; and

To provide for visual amenity, and to reinforce a sense of place or center.

Permitted principal uses. The following principal uses are permitted:

Permitted accessory uses.

Conditional uses: wireless communication facilities, subject to the provisions of § 315-39B(7).

The minimum lot area is two acres;

The maximum density is 50 dwelling units per acre;

More than one principal building may be constructed on a lot;

All principal buildings which front on a public street must have front yards facing the street. The Board may grant an exception to this requirement in any particular development if it determines that it is a better planning alternative for a principal building to have a front yard facing an internal drive. In no case, however, shall the rear of any building face a public street. Nothing herein shall preclude buildings being located on internal drives or private streets;

The minimum front yard setback shall be 10 feet, and the maximum front yard setback shall be 20 feet;

The minimum rear yard setback for principal buildings and accessory multilevel parking garages shall be 20 feet. All other accessory structures shall have a minimum rear yard setback of 10 feet;

The minimum side yard setback shall be five feet;

Except for parking garages and areas permitted by § 315-38G(2)(b) above, and gate houses, and except as permitted by § 315-35B, accessory structures shall not be located in any front or side yard and shall comply with the setback requirements set forth herein;

The maximum impervious lot coverage is 80%;

The minimum building height for principal buildings is three stories or 35 feet;

The maximum building height for principal buildings is five stories or 55 feet, except as permitted by § 315-35E. Existing buildings proposed for residential conversion may exceed 55 feet in height, but the building's height shall not be increased. Accessory multilevel parking garages may equal the height of the principal buildings which they serve. Accessory clubhouses and recreational facilities shall not exceed 25 feet in height. All other accessory structures shall not exceed 15 feet in height;

The minimum separation between buildings will be either zero feet if the buildings abut one another or 15 feet to accommodate pedestrian walkways or driveway access to parking facilities;

There shall be a mixture of building heights in any mixed-use development, with not more than 20% of the buildings five stories;

Parking facilities shall be appropriately screened from principal uses on adjoining lots; and

A minimum of 10% of a lot must be open space devoted to active or passive recreation, including play areas, sitting areas, swimming pools and the like, consistent with NJDEP rules and regulations.

Approved developments in the CORD Zone may subsequently be subdivided into separate phase lots for purposes of financing and conveyance. All lands shall be subject to common covenants, conditions and restrictions in order to make certain the various elements of the development will continue to operate as a single entity under a common theme, regardless of ownership. In this regard, a form of deed restriction shall be established as a blanket covenant and restriction designed to perfect the purpose of this subsection in the event of any sale of any phase of a development.

In the event of a subdivision for purposes of financing or conveyance, the bulk standards for the CORD Zone shall be applied on an overall tract basis. There shall be no restrictions on frontage, lot size or dimension or maximum impervious or building coverage in connection with the development of the separate phased lots, provided the phased lots are consistent with the development plan for the overall tract approved by the Board. In the event of a subdivision, an accessory clubhouse or recreational facility, designed for the use of the entire development, may be located on a separate lot in the development, provided there is incorporated into the subdivision deed provisions ensuring maintenance of the lot and improvements and the payment of taxes and other public assessments.

All subdivision deeds shall be subject to the review and approval of the Township and Board attorneys, and any purchasing developer shall be required to execute a developer's agreement prior to the commencement of construction of its phase.

Single-family detached residences.

Two-family detached residences.

Garden apartments.

Offices.

Professional offices.

Public uses.

Places of worship.

Public utilities.

Educational institutions.

Public parks.

Banks.

Parking areas.

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Home professional offices, subject to the provisions of § 315-39B(6).

One or more residential units may be combined with any permitted nonresidential uses, provided the conditions of § 315-39B(8) are complied with.

Multifamily dwellings.

Offices.

Research laboratory.

Public uses.

Public utilities.

Educational institutions.

Public parks.

Uses that are customarily incidental and accessory to the principal use as permitted herein, except that structured parking shall not be permitted.

Wireless communications facilities.

Shopping centers with no more than 200,000 square feet of gross leasable floor area and with no single establishment larger than 125,000 square feet of gross leasable floor area, which may include only the following uses:

Hospitals.

Parking facilities.

Places of worship.

Public uses.

Public parks.

Public utilities.

Educational institutions.

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Massage, bodywork and somatic therapy. See § 315-36D(11).

Sidewalk cafes and outdoor dining. See § 315-36D(12).

Wireless communications facilities.

Offices.

Manufacturing.

Automobile sales.

Research laboratories.

Public buildings.

Public utilities.

Educational institutions.

Public parks.

Warehousing and self storage.

Parking facilities.

Outdoor storage.

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Adult uses.

Gasoline service stations.

Automotive repair services.

Wireless communications facilities.

Buildings and structures devoted to educational purposes such as classrooms, studios, lecture halls, laboratories and libraries.

Residential buildings, including dormitories and student residences.

Buildings for social activities, including fraternities, sororities and student centers.

Eating facilities, including dining rooms, cooking facilities and indoor snack bars.

Administrative and staff offices as part of other buildings or in separate office buildings.

Indoor athletic facilities, including gymnasiums and athletic centers.

Single-family dwellings.

Houses of worship.

Public buildings.

Theaters and performing arts studios.

Publicly owned parks, playgrounds and accessory buildings not conducted as a business.

Private recreational facilities.

Storage and maintenance buildings.

Private residential garages.

Signs as provided herein.

Off-street parking areas and structures.

Gatehouses, kiosks and security structures, not exceeding 50 square feet in area.

Electronic and public utility transmission and distribution equipment in accordance with ordinances of the Township of Bloomfield.

Where a lot line separates two lots under the same ownership and the two lots are used or are proposed to be used for a unified purpose, such a lot line shall not be subject to rear yard or side yard setback requirements.

Off-street parking.

Signs.

Landscaping and buffers. Landscaping and buffers shall be required around all parking areas in accordance with Article IV, § 315-30O, as amended, except where a building intervenes to provide screening and full shielding of headlights and views of parked cars from surrounding residential properties.

Site plan approval.

Public utilities.

Private schools and educational institutions.

Churches and houses of worship.

Cemeteries.

Hospitals.

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Public uses.

Public parks.

Municipal parking facilities.

Public open space.

Schools.

Senior citizen centers.

Libraries.

Public and private recreation facilities.

Post offices.

Uses that are customarily incidental and accessory to the principal use as permitted herein.

Preparation of survey report. Based on the survey or upon recommendation of concerned citizens, the Commission shall document the importance and historical significance to the Township, state and nation of each district and site worthy of designation in terms of the purpose and criteria set forth in this section. Except for all sites and for all properties in historic districts identified in the Historic Preservation Element of the Master Plan as of the effective date of this Subsection P, the Commission, by certified mail, shall:

Public hearings. The Commission shall, as soon as practicable, make public the survey report, which shall include a complete list and map of the nominated designated sites and properties within historic districts specifying the locations, boundaries and popular names thereof. In designating any site or district historic, the Commission may determine and so specifically designate certain buildings or structures on a site or certain properties within a district as noncontributing to the designation. A building, structure or property designated as noncontributing shall not be subject to the provisions of this Subsection P. The tentative list and map shall thereafter be submitted at a public hearing to the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions, and objections at this public hearing. A list and map showing proposed historic districts and sites shall be published, together with a notice of the hearing on same, in the official newspaper of the Township not less than 10 days prior to such hearing. Additionally, each owner of each property recommended for designation shall be sent notice of the hearing by certified mail, which notice shall be mailed no less than 10 days prior to the scheduled hearing. A public hearing subject to the procedures set forth herein shall be provided to owners of all properties identified in any amendments to the initial survey report, whether as an addition or a deletion to the list of designated sites and districts.

Final decision by Commission. After full consideration of the evidence brought forth at the hearing, the Commission shall make its final decisions on the designations and shall issue its final report to the public stating reasons in support of its actions with respect to each historic designation.

Submission of survey report to Township Clerk and Planning Board. The survey report, as may be amended from time to time, shall be submitted thereafter to the Secretary of the Planning Board and to the Township Clerk. No ordinance effectuating the recommendations set forth in the survey report shall be introduced unless and until the recommended designations have been incorporated into the Historic Preservation Element of the Master Plan, as required by N.J.S.A. 40:55D-65.1. Prior to adoption of an ordinance effectuating some or all of the recommendations of the survey report, the governing body shall refer same to the Planning Board pursuant to N.J.S.A. 40:55D-26.

Any property, site, building, structure or district listed or eligible for listing on the State or National Registers of Historic Places is hereby deemed a designated historic site or district under this Subsection P.

A list of all designated historic sites and districts and those properties, sites, buildings, structures and districts listed or eligible for listing on the State or National Registers of Historic Places is attached hereto as Attachment A.[2]

Distribution of designation list and Zoning Map. A list of all historic sites and all properties in historic districts, as adopted by ordinance, shall be made public and distributed to all municipal agencies reviewing development applications and all building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each property designated as a historic site or included in a historic district within 30 days after the adoption of the pertinent ordinance and at least once each year thereafter.

Placement of plaques. Each designated site or property in a historic district may be marked by an appropriate plaque which shall be in such form as the Commission shall promulgate by regulation.

Criteria for designation of a landmark. In considering an individual site, building or structure or district that is of particular historical, archaeological, scenic or architectural significance to the Township of Bloomfield, the County of Essex, the State of New Jersey or to the nation which reflects or exemplifies the broad cultural, political, scenic, economic or social history of the nation, state or locality, the Historic Preservation Commission shall give consideration to the following criteria:

Actions requiring a certificate of appropriateness. A certificate of appropriateness issued by the Commission shall be required before a permit is issued for any of the following, or, in the event no other type of permit is otherwise required, before any work can commence on a historic site or on any property in a historic district:

Actions not requiring a certificate of appropriateness.

All permit applications submitted to the Administrative Officer or the construction office shall be reviewed to determine whether an application for a certificate of appropriateness is required pursuant to the provisions of this Subsection P. Any such determination shall be made in writing, with copies to the applicant and the Commission.

For projects not requiring any other permit, it shall be the responsibility of the owner of property subject to this Subsection P and the owner's contractors to determine whether a certificate of appropriateness is necessary and to file the required application with the Commission.

Application procedure.

Decisions by Commission.

When making decisions pursuant to its authority under this Subsection P, the Commission shall be guided by the Master Plan, the purposes of this Subsection P, and the provisions of this subsection as may be applicable to the particular application. The Commission shall also be guided by the criteria set forth in the United States Department of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, and any other guidelines that may be adopted by the Commission or the Township of Bloomfield.

With respect to all applications submitted to the Commission, the following factors shall be considered in the decisionmaking process:

With respect to an application for new construction, the following factors shall be also considered in the decisionmaking process:

With respect to an application for alterations and/or additions, the following factors shall be considered in the decisionmaking process:

With respect to applications for the demolition of improvements on a historic site or on property in a historic district, the following matters shall be considered in the decisionmaking process:

With respect to an application to relocate an improvement on a historic site or on a property within a designated historic district, the following matters shall be considered in the decisionmaking process:

With respect to any application involving a historic site or a property in a historic district with bluestone sidewalks in the right-of-way along the property's frontage, the following shall apply:

Whenever the Commission denies an application for a permit to demolish or relocate an improvement on a historic site or on a property in a historic district, the Administrative Officer shall refer the application to the Planning Board for consideration under the provisions of N.J.S.A. 40:55D-44.

If the Planning Board determines to exercise the public reservation option under N.J.S.A. 40:55D-44, an appraisal of the fair market value of the subject property, including improvements, shall be made, at the Township's expense. The applicant or owner also may obtain an appraisal of the fair market value of the subject property, at its expense. If the applicant's or owner's appraisal is within 10% of the Township's appraised fair market value, the fair market value shall be determined to be the average of the two appraisals. If the difference is more than 10%, and both appraisals were performed within the same one-year period, the appraisals shall be referred to a third, neutral appraiser to determine the fair market value, with the costs of the third appraisal split between the Township and the applicant or owner.

If the applicant or owner intends to continue to pursue the demolition or relocation application, regardless of any reservation by the Planning Board, it shall, for a period of one year from the date of the permit denial, make bona fide and diligent efforts to sell the subject property to any person, firm, organization, governmental agency or political subdivision that provides reasonable written assurance that it is willing to preserve the subject property. The applicant shall not be obligated to accept less than the subject property's fair market value as determined in Subsection P(10)(b), above.

The applicant may reapply for a certificate of appropriateness after the passage of the one-year public reservation period if, during the period of reservation, if any, or during the period in which the property is offered for sale, bona fide and diligent efforts to sell or otherwise transfer the property for fair market value prove futile. Upon the Commission's satisfaction with the applicant's demonstration of proof of bona fide and diligent efforts to sell or otherwise transfer the property for fair market value, a certificate of appropriateness shall be approved.

Any person who shall undertake an activity which requires approval from the Commission but fails to obtain that approval prior to conducting the activity shall be deemed to be in violation of this Subsection P. Upon learning of the violation, the Zoning Officer shall cause to be served personally upon the owner of the property whereon the violation is occurring a notice describing the violation and giving the owner 10 days to abate the violation by restoring the property or structure to its condition prior to the occurrence of the violation. If the owner cannot be personally served within the Township with a notice, a copy shall be posted on the Township website and a copy sent to the owner at their last known address as it appears on the Township tax records.

In the event that the violation is not abated within 10 days of service or posting on the website, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this Subsection P and specifying the wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of this Subsection P.

The penalty for violation shall be as follows:

In lieu of the assessment of penalties, the Zoning Officer is authorized to seek injunctive relief ordering the owner of the property and/or its agents or others conducting the activity in violation to halt that activity and restore the property to its condition prior to the activity in violation. Such action shall be filed in the Superior Court of New Jersey, Law Division. Such injunctive relief may be in addition to the penalties authorized under this section of this Subsection P.

Historic districts designated.

Zoning regulations governing historic districts.

Detailed plans showing the location and number of fuel pumps and the location, the depth and capacity of fuel tanks shall be submitted to the Board as part of site plan requirements.

The proposed use shall not include any sales or rentals of motor vehicles or trailers.

All fuel pump islands shall be located at least 15 feet from front lot lines and 25 feet from the side and rear property lines. All car lifts and other service appliances shall be located within an enclosed building.

All fuel tanks shall be installed underground.

No service station shall be within 200 feet of any church, school, playground, sanatorium, hospital, convalescent home, public library, institution for dependents or for children, or the boundary line of any residential zone. The distance shall be measured between the two closest points of the properties under consideration.

No service station shall be built on a corner lot having a width of less that 60 feet and an area of less than 6,000 square feet or on an interior lot having a width of less than 100 feet and an area of less than 7,500 square feet.

Driveways shall cross the sidewalks at right angles and shall not be more than 18 feet wide at any point thereof. Driveways must be at least 25 feet from any side lot line or from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 70 feet, in which case there may be a maximum of two driveways on such street frontage.

The entire area of the station traversed by motor vehicles shall be paved.

Screening and decorative planting shall buffer adjacent lots.

Illumination of the service station shall not spillover onto adjacent property.

Strung pennants or lights shall be prohibited.

The outdoor storage of no more than three vehicles is permitted in any side and rear yard, provided that all other parking requirements are met.

The sale of food and beverages, other than in vending machines, shall be prohibited.

Detailed plans showing the location and the number or capacity of automobiles that may be serviced within the principal building shall be submitted to the Board as part of site plan requirements.

No automotive repair service shall be within 200 feet of any church, school, playground, sanatorium, hospital, convalescent home, public library, institution for dependents or for children or of the boundary line of any residential zone. The distance shall be measured between the two closest points of the properties under consideration.

Driveways shall cross the sidewalks at right angles and shall not be more than 18 feet wide at any point thereof. Driveways must be at least 25 feet from any side lot or from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 70 feet, in which case there may be a maximum of two driveways on such street frontage.

The entire area of the site traversed by motor vehicles shall be hard-surfaced.

Screening and decorative planting shall buffer adjacent lots.

Illumination of the site shall be such that there is no spillover onto adjacent property.

No such use shall be located within 150 feet of any residence zone.

No such use shall be located within 200 feet of any church, school, library or theater.

Such uses shall provide adequate access facilities for estimated vehicular and pedestrian traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion.

All vehicular entrances and exits shall be clearly visible from the street and sidewalk.

Adequate loading and servicing areas shall be provided, which shall not interfere with traffic circulation.

A continuing care retirement community (CCRC) shall be permitted as a conditional use in the R-G and R-T Zones in accordance with the following conditions:

Accessory use. A subordinate use or building, the purpose of which is customarily incidental to that of the main use of the building and on the same lot, including but not limited to:

Design standards.

Standards for parking. One space for two fixed seats of capacity or one space for every 150 square feet of leasable gross floor area or one space for every two persons, based on total maximum occupancy as determined by the Fire Official, whichever is greater.

Location. No person shall operate nor shall any record owner of a premises permit the operation of such an establishment within 1,000 feet of any existing adult use or any existing church, synagogue, temple or other place of public worship or any elementary or secondary school or any school bus stop or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any area zoned for residential use.

Buffer. Every such establishment shall be adequately screened from adjacent uses so as to impede the view of the interior of the premises in which the business is located.

Signage. No such establishment shall display more than one sign, with a maximum size of 40 square feet. Said sign may include only the name and address of the establishment.

Exclusive of residential use. No adult use shall be established or permitted in any building of which any part is used for residential purposes. No residential use shall be established in a building of which any part is used as an adult use.

Screening. All openings, entries, windows, doors, etc., to an adult use facility shall be located, covered or screened in such a manner as to prevent a view into the interior from any public place.

General requirements.

The practitioner must reside in the home.

The practitioner shall not engage the services of more than one office employee. Use of the office by other persons shall not be permitted.

Except for home professional offices in the POR Zone, which shall be permitted to use the entire ground floor for the professional office use, a home occupation shall occupy less than 50% of the total area of the floor where located, excluding space used for a private garage, or 900 square feet, whichever is smaller.

No clients or customers shall remain on the premises overnight.

The residential character of the neighborhood and the premises shall not be subordinated to the home occupation use.

Adequate off-street parking spaces shall be provided in accordance with the parking requirements of this article for both the residential use and the home occupation so that no parking related to the home occupation shall occur on the street.

No retail sales shall be conducted on the site.

No sign identifying the home occupation shall be larger than three square feet. Such sign shall meet all other provisions of this chapter governing signs.

No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.

Placement of antennas and related structures on existing buildings. The first preference for locating or co-locating antennas and related structures is on existing buildings in zones where the use is conditionally permitted.

In the R-G, RH, CBD, RO, CC, M-1, CORD and PR Zoning Districts, wireless communications facilities shall be permitted on existing buildings only if:

In the R-G, RH, CBD, CORD and CC Districts, wireless communications facilities shall be permitted only if:

Towers are permitted in the PR, M-1 and RO Zoning Districts only if the following conditions are met:

An application to attach antennas to an existing tower shall demonstrate compliance with all provisions of this subchapter, including, to the extent practical and consistent with law, those governing the tower itself. Co-location of antennas on existing towers is preferable to a new tower.

Applicants shall satisfy the design standards enumerated below to obtain site plan approval for towers in addition to other standards that may be required herein and pursuant to the Township Site Plan Review Ordinance, construction codes and/or other applicable regulations:

Buildings and structures used in association with towers or antennas shall comply with the following:

All dwelling units shall be located above the ground floor;

The ground floor shall be utilized for nonresidential permitted uses only, except no ground floor parking area is allowed;

The residential density shall not exceed 50 dwelling units per acre in the CBD Zone, 25 dwelling units per acre in the B-2 Zone and 12 dwelling units per acre in the PO/R Zone;

Any building in the CBD Zone with residential uses shall have a maximum height of four stories. Heights in other zones shall be governed by Schedule A;[1]

Combined parking requirements for all uses shall be met; and

Any site plan approval shall be conditioned upon the filing of an application for amended site plan approval and any necessary variance should any change in first floor uses increase the required parking beyond the number of spaces approved by the Board.

Cannabis cultivators, cannabis distributors, cannabis manufacturers, cannabis wholesalers and cannabis delivery services are not permitted in any zoning district. Cannabis retailers are permitted conditional uses in the CBD Central Business District and the B-2 Neighborhood Business District. Cannabis retail sales are also a permitted use in the Bloomfield Center Redevelopment District - Phase I Commercial Corridor and the Bloomfield Center Redevelopment District - Phase II, subject to a regulatory scheme different from the conditional use standards set forth herein. Deviation from the Phase I Redevelopment Plan and the Phase II Redevelopment regulatory scheme shall be reviewed under the criteria set forth in N.J.S.A. 40:55D-70c, except no deviation from site plan approval requirements shall be permitted. The numerical limits and all submission requirements applicable to applications in the CBD Zone or the B-2 Zone set forth herein shall be also applicable to applications for properties governed by either the Phase I Plan or the Phase II Plan. There are 11 noncontiguous B-2 Zones established in the Township and three noncontiguous CBD Zones. Four B-2 Zones are located north of Bay Avenue (the "Northern Sector"); one B-2 Zone is bifurcated by Bay Avenue, with a portion north and a portion south of the Bay Avenue center line; two B-2 Zones are entirely south of Bay Avenue and north of the Norfolk-Southern Railway Line (the "Central Sector"); and four B-2 Zones are located south of the Norfolk-Southern Railway Line (the "Southern Sector"). The three CBD Zones are all located in the Southern Sector. As dictated by the Township's enabling ordinance, a total of eight cannabis retailers are permitted throughout the Township, with no more than four permitted in the Northern Sector of the Township (including the portion of the B-2 Zone north of the Bay Avenue center line); no more than four permitted in the Central Sector (including the portion of the B-2 Zone south of the Bay Avenue center line); and no more than four permitted in the Southern Sector, irrespective of which of the two zones they may be located in. No variance shall be granted permitting any greater number of cannabis retailers or microbusinesses either throughout the Township or in any individual sector, whether to be located in a zoning district or a redevelopment area. Any such increase must be by an amending ordinance. Deviations from the conditional use standards set forth in Subsection B(9)(e), below, shall require variances pursuant to N.J.S.A. 40:55D-70(d)(3

All cannabis retailers shall be subject to site plan review prior to offering personal use cannabis sales. Submitted site plan applications shall include a resolution of support from the governing body; approval of a security plan, as described in § 315-39B(9)(d) below, from the Bloomfield Police Department; and proof of conditional or annual license approval by CRC. No site plan application shall be deemed complete, and the Planning Board, or the Zoning Board of Adjustment, as jurisdictional requirements may dictate, shall not have jurisdiction to hear an application, without the foregoing.

Submitted plans shall depict parking and loading areas, floor plans, building elevations, signage, landscaping, and an exterior queuing area for customers sufficient to accommodate a number of people equal to the number of on-site parking spaces, which queuing area shall not interfere with on-site parking and circulation and shall be located at least 10 feet from any public right-of-way.

Any applicant for a dispensary shall coordinate with the Chief of Police or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, surveillance systems, site lighting, and on-site security personnel. Said coordination shall occur in conjunction with any application for a zoning permit or variance relief for a dispensary, and no application shall be deemed complete by the Zoning Officer without a security plan approved by the Chief of Police, or their designee. Said coordination shall be ongoing, as needed, to address any security or safety issues.

Cannabis retailers shall be permitted in the CBD Zone and B-2 Zone, subject to the numerical limitations set forth in Subsection B(9)(a), and provided any such business conforms with the following standards:

Any applicant for a dispensary shall coordinate with the Chief of Police, or their designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, surveillance systems, site lighting, and on-site security personnel. Said coordination shall occur in conjunction with any application for a zoning permit or variance relief for a dispensary that has been deemed complete by the Zoning Officer, and shall be ongoing, as needed, to address any security or safety issues.

Subject to the requirements and limitations of state law, the municipality shall have the reasonable right to inspect the premises of any approved dispensary during its regular hours of operation to ensure compliance with local ordinances and regulations.

Enforcement shall be consistent with the provisions of Article VIII of Chapter 315, Land Development and Zoning. Operation of any prohibited or unpermitted cannabis business establishment within the municipality in violation of the provisions of § 315-39B(9) is hereby declared a public nuisance and any such violation shall be abated pursuant to all available remedies.

Whenever the Cannabis Regulatory Commission established by the Act[5] (the "Commission") forwards to the municipality any application for initial licensing or renewal of an existing license for any cannabis establishment or delivery service pursuant to Section 19 of the Act[6] or for a cannabis consumption area pursuant to Section 28 of P.L.2019, c. 153 (N.J.S.A. 24:6I-21), or otherwise solicits the position of the municipality on any matter related to cannabis-related activities within the municipality, or upon the request of an applicant for or holder of such license, the governing body shall determine whether the application complies with the municipality's restrictions on the number of cannabis establishments or delivery services, and on their location, manner, or times of operation, and promptly inform the Commission, applicant for or holder of a license whether the application complies with same and whether it either approves or denies each application or other request for municipal authorization forwarded to it. Notwithstanding the forgoing, nothing herein shall prohibit any elected or appointed official or employee from expressing their opinions or views on cannabis-related matters in their personal or individual official capacity, or endorsing an applicant for or holder of a license issued by the Commission, provided that such official shall not represent that their opinions or views are those of the municipality unless based on a duly adopted ordinance or resolution of the municipality, or other action of a majority of the governing body.

The Planning Board may grant a conditional use so as to permit within a one-family home the occupancy and use of existing detached garages in the R-1A Zone as in-law suites, with separate kitchen and bathroom facilities, for use by the parent, parents, or adult dependent relatives of one of the owner-occupants or tenant-occupants if, after a public hearing, the Board finds and requires that an application complies with the following:

Travel trailers or fifth-wheel trailers, which are defined as portable structures built on a chassis with wheels as an integral part to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup trucks of any type.

Camping trailers, which are trailers the walls of which are so constructed as to be collapsible and made of either canvas or similar cloth or rigid material such as fiber glass, plastic or metal. Camping trailers are mounted on wheels and designed for travel and recreational use.

Pickup campers or truck caps, which are recreational structures designed to be mounted in the bed of light pickup trucks and are designed for travel, storage or recreational use.

Motor homes, which are constructed with a truck or motorvan chassis and incapable of being separated therefrom.

A boat, personal watercraft, all-terrain vehicle or snowmobile, or recreational trailer. A "recreational trailer" is a vehicle on which a boat, personal watercraft, all-terrain vehicle or snowmobile may be transported and which is towable by a passenger car, station wagon, light pickup or panel truck or mobile home.

The effect of this section, as more specifically set forth herein, is:

The Planning Board or Zoning Board of Adjustment, as appropriate, shall review all signs to be installed that are accessory to any development application to ensure compliance with the provisions of this section and compatibility with the design of the proposed development, as set forth in § 315-29H of this chapter's design standards. The Board shall review and approve the intensity of light of all such signs and their impact on vehicular and pedestrian traffic and adjacent properties.

Minor site plan approval. Except for signs for detached one- and two-family dwellings and signs for a development in which the Zoning Board of Adjustment retained jurisdiction over signage as a condition of approval, an applicant seeking only a sign variance shall also obtain minor site plan approval from the Planning Board. Applicants for minor site plan approval under this subsection shall pay all required application and escrow fees.

Generally.

Application for sign permit. Applications for sign permits shall be made upon forms provided by the administrative officer and shall contain or have attached thereto the following information:

Sign permit fees. Every applicant, before being granted a permit hereunder, shall pay the fee for each sign, which shall be in accordance with the ordinance in effect, and the permit number shall be displayed in the lower right-hand corner.

All proposed signs in the Bloomfield Center Special Improvement District shall be reviewed by the Bloomfield Center Alliance.

Temporary civic, cultural and public service window posters, when posted inside windows of commercial establishments, provided they are only permitted in one window per establishment and do not, individually or combined, occupy more than 20% of the total area of said window or five square feet, whichever is less. Temporary window signs are permitted on ground-floor windows only. Such signs may be posted no earlier than 60 days prior to the event advertised and shall be removed within seven days after the event's conclusion.

Temporary promotional or special sales signs in windows of a commercial establishment when advertising that commercial establishment, provided the signs are placed in only one window per establishment per street frontage and provided they do not, individually or combined with other window signs, exceed 50% of the total area of the display window or 16 square feet, whichever is less. Temporary signs advertising a business opening or change in ownership of a commercial establishment, located on the premises of the commercial establishment, are also permitted, provided that they are placed in only one window per establishment per street frontage and do not exceed 50% of the window or an area of 16 square feet, whichever is less. All temporary signs shall have the date of installation printed clearly on the lower right-hand corner, as viewed from the exterior, and shall be permitted for a period not to exceed 30 days. Temporary promotional signs are permitted on ground-floor windows only. When more than one establishment is located at a single street address, the aggregate size of the signs for all establishments permitted by this subsection shall not exceed 50% of any one window or 16 square feet, whichever is less.

Temporary signs of a nonprofit or charitable organization located on the premises of such organization, provided such signs shall not exceed one per premises per event and do not exceed 32 square feet in area. Said signs shall be put in place no earlier than 60 days before the event and shall be removed within seven days after completion of said event.

Bulletin boards not over 24 square feet in area per sign face for public, charitable, educational or religious organizations when same are located on the premises of said organizations and comply with the setback regulations for freestanding signs in the zone or are installed on a building wall. This exemption shall not apply to electronic or digital message boards or tickers, which shall be subject to the prohibition on changeable message signs set forth in § 315-42A(7)(i). All signs exempt under this provision shall be externally illuminated.

Incidental signs, and signs posting property as "private property," "no trespassing" or similar signs, which do not exceed two square feet in area. No such signs shall be neon. If signs permitted by this subsection are installed in conjunction with an application for development subject to site plan review, including minor site plan review for signs as a result of a change in sign structure, as required herein, then the reviewing board shall determine the appropriateness and necessity of all directional and parking signs.

Temporary signs denoting the architect, engineer or contractor, when placed upon the site under construction, provided such signs shall be limited to one sign per site and shall not exceed 16 square feet in area per sign face. Said signs shall be in place only while work is in progress.

Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the building or grounds occupied by the organizations and the American flag wherever flown in accordance with the laws and rules promulgated by the federal government.

Temporary signs indicating a political preference or political event, provided that such signs do not exceed 32 square feet in residential zones. Such signs may not be displayed on any trees, telephone poles or lighting stanchions. All such signs must be removed within five days after the election or the completion of the political event.

All signs located within a building that are not visible to the public outside said building.

Real estate signs, located within the property lines, temporarily advertising the sale, rental or lease of the premises or portion thereof, provided such signs shall be limited to one sign per street frontage and do not exceed nine square feet in area per sign face. Such signs shall be removed upon passing of title or completion of rental or lease agreement.

Signs employing mercury vapor, low-pressure and high-pressure sodium and metal halide lighting.

Fluorescent signs or signs using fluorescent lighting.

Neon signs or lighting, except when used in a window to advertise a particular product sold by the establishment seeking to install the sign, which shall be limited to no more than two such signs per street frontage.

Marquee signs, except for uses that typically utilize such signs, such as motion-picture and stage theaters.

Signs on roofs, dormers and balconies, except as permitted in Subsection A(8) of this section.

Billboards, billboard signs or outdoor advertising signs, except display signs ordinarily or customarily erected on the premises of a railroad station or on a railroad right-of-way in the vicinity of such station such as on the parking deck that is owned by the Township. No sign otherwise lawful under this section shall be prohibited because of this provision.

Signs mounted upon the exterior side or rear walls of any building or structure, except as otherwise permitted hereunder.

Animated, moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lights, which display movement or the illusion of movement, including interior signs visible from the exterior of the premises, except for clocks, temperature displays, or signs commonly known as barber poles used in conjunction with barbershops.

Changeable message signs, except as permitted by § 315-42A(6)(d).

Signs erected, painted or composed of fluorescent, phosphorescent or similar material.

Banners, strings of banners and pinwheels, strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether part of a sign or not.

Balloons or other inflatable signs and ground-mounted banner signs.

Signs on vehicles. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this section.

A-frame or sandwich board signs, except as permitted herein.

Signs painted on the exterior walls or facade of a building.

Signs on accessory buildings or structures.

Signs which are misleading; removal of signs upon change in occupancy.

Window signs, unless otherwise permitted by this chapter.

Routine maintenance. Routine maintenance for any nonconforming sign shall be permitted, provided that such maintenance shall comply with the provisions of Subsection A(8)(c) and (d) below. The term "routine maintenance" is intended to include such activities as cleaning, replacement of light bulbs, removal of rust and corrosion, and repainting. Specifically prohibited is the replacement of a nonconforming sign structure, in whole or in part, except for light bulbs and minor parts such as fasteners, etc.

Restoration or repair of partial destruction. Any nonconforming sign or sign structure existing at the time of the passage of this chapter or any amendment thereto may be continued upon the lot so occupied, and any such sign or structure may be restored or repaired in the event of partial destruction thereof, provided that such restoration or repair shall comply with the provisions of Subsection A(8)(c) and (d). For purposes only of administering this provision, the term "partial destruction" shall be defined as any condition affecting less than 50% of the area or volume, whichever is more restrictive, of the sign message or structure in such a manner that the appearance or structural characteristics of the sign are not substantially altered from the originally approved and installed sign.

Effect of removal. The following provisions shall regulate removal of nonconforming signs:

Alterations. The following provisions shall regulate alterations of nonconforming signs:

Reversion to nonconforming sign prohibited. A sign which is nonconforming and which is changed to a conforming sign may not be thereafter changed back to a nonconforming sign. A nonconforming sign structure and/or message that is changed to a conforming structure and/or message may not thereafter be changed back to a nonconforming structure and/or message.

Subdivisions involving nonconforming signs. No lot containing a nonconforming sign structure shall be subdivided so as to increase the degree or extent of the nonconforming sign condition.

Internally illuminated signs, where permitted, shall conform to the following standards:

Externally illuminated signs shall conform to the following standards:

Except as set forth in Subsection A(9)(e), below, all signage for residential uses shall be externally illuminated.

For nonresidential uses, all signage may be internally or externally illuminated, provided that for multi-tenanted commercial developments, such as shopping centers or other buildings with multiple storefronts, there shall be uniformity in the lighting of all wall signs.

In mixed residential and commercial buildings, internally or externally illuminated signs are permitted for all uses provided that there is uniformity in the lighting technique utilized on the site.

In no instance shall the light intensity of any illuminated sign exceed 75 footcandles measured with a standard light meter measured at any point in front of the sign at a distance that is no greater than the smallest horizontal or vertical dimension of said sign. There shall be no electrical conduit located on the exterior facade of a building used to provide electric power to any sign. All applications for a sign permit, and all applications for signage relief filed with either the Planning Board or Zoning Board of Adjustment, shall provide information necessary to determine compliance with this requirement and the requirement that light from an internally illuminated sign will be visible only through letters and logos.

All sign lighting shall be turned off no later than 30 minutes after the closing, except signs in residential zones shall not be lit beyond 9:00 p.m., unless permitted to remain open beyond that time by other municipal ordinances.

Exposed lighting in or around windows or on the facade of a building, except for holiday displays and security lighting, is prohibited. No exposed lighting permitted hereby shall exceed the permitted footcandles set forth above.

The signs shall be affixed to the front facade of the building and shall project outward from the wall to which it is attached no more than six inches;

The area of the sign shall not exceed 10% of the ground floor building facade area devoted to the promoted use, or 48 square feet, whichever is less; except signs which are located more than 20 feet from a public right-of-way shall not exceed 10% of the ground floor facade area devoted to the promoted use or 70 square feet, whichever is less;

The top of the sign shall not extend above the height of the ground floor of the building. If a building is designed with a sign band, all wall signs shall fit within the sign band. If there is no sign band, all wall signs on the same site shall be installed at the same height;

Wall signs are permitted only for establishments which occupy the ground floor of buildings (including residential lobbies) and have at least one entrance facing a public street. Wall signs shall be located on the facade facing the public street, shall promote only the use occupying the space accessible from the front entrance, and shall not be allocable to other uses; and

Wall signs are limited to one sign per building per street frontage, each of which shall conform to the size requirements of this subsection, except additional wall signs are permitted as follows:

All wall-mounted signs shall be constructed of wood, painted metal, painted cast metal, stainless steel, bronze, brass or anodized aluminum. The face of box signs and applied letters may be plastic.

The building is set back no further than five feet from a public right-of-way;

The signboard does not exceed an area of four square feet;

The distance from the ground to the lower edge of the signboard shall be seven feet or greater, but no higher than the ceiling height of the ground floor;

The height of the top edge of the signboard does not exceed the height of the wall from which the sign projects, if attached to a single-story building, or the ceiling height of the second story, if attached to a multistory building;

The distance from the building wall to the signboard does not exceed 12 inches;

The width of the signboard does not exceed three feet;

The height of the lettering, numbers or graphics of the sign does not exceed eight inches;

Projecting signs shall be limited to one sign per building, irrespective of the number of establishments occupying the building. A projecting sign may advertise more than one establishment located in the same building, provided the sign does not exceed the provisions of this subsection. If a site is developed with more than one building, each building shall be entitled to one projecting sign; and

All projecting signs shall be constructed of wood, painted metal, painted cast metal, stainless steel, bronze, brass or anodized aluminum. The face may be plastic.

Window signs shall not cumulatively exceed 20% of the ground floor window area of the establishment and shall not reach a height greater than half the height of the window or five feet above the grade outside the window to which they are attached, whichever is lower.

The height of the sign's lettering and numbers shall not exceed four inches.

Doors shall be permitted to have painted numbers and letters indicating the street address, the name of the business and the hours of operation painted on or above the door. The height of the lettering and numbers shall not exceed four inches.

Window signs shall be counted toward the two permissible signs per establishment permitted by this § 315-42B, but door signs shall not.

Windows along a street frontage may each have an awning with signage on the valance, which shall be no higher than six inches.. As set forth in Subsection B(4)(d) below, signage on the upper face of an awning shall be permitted only if the awning sign is the only signage for the establishment. Awnings over doors may include only the street number of the address, unless it is the only awning with signage. If a building has more than one street frontage, signage on awnings along each street frontage shall comply with the requirements of this subsection.

Fixed awnings and canopies attached to buildings shall not extend from the building more than 38 inches, nor shall be greater than 48 inches in height (as measured from the bottom of the valance to the highest point of the awning or canopy). Drop or retractable awnings shall not extend from the building more than five feet. The lower edge of the curtain or valance of any awning or canopy shall be no closer to the ground or sidewalk than seven feet. No part of the iron or other supporting framework shall be closer than seven feet six inches to the ground or sidewalk, except for the posts supporting a canopy. All window awnings installed along a street frontage on the same block shall be the same color, shape and size and shall be installed at an identical height.

If an awning or canopy sign is used in conjunction with another sign, lettering, numbers and graphics shall be located on the valance only, shall not exceed 50% of the valance area, and the height of the lettering, numbers or graphics of the sign shall not exceed four inches. Awning sign messages shall convey only the name of the establishment, the street address, phone number and website address. They may also include a logo used by the establishment.

If an awning or canopy sign is the only sign utilized, the name of the business and a logo may appear on the upper face of the awning or canopy, covering no more than 50% of the front of the awning or canopy, or 24 square feet, whichever is less. No slogans are permitted. The address, telephone number and website address of the establishment is permitted on the valance, but must conform to the requirements of Subsection B(4)(c), above.

Marquee signs are permitted only for stage or motion-picture theatres and shall conform to the requirements of this subsection, and may not be used in addition to any other sign.

All awnings and canopies, except marquees, shall be constructed of canvas.

Awnings and canopies shall not be internally illuminated, which shall include a prohibition on lights installed on the underside of the awning or canopy. Marquees may be internally or externally illuminated.

The sign shall refer to the business or businesses located in the building on the same lot as the sign;

The building wall nearest to a monument sign shall be set back a minimum of 15 feet from the nearest lot line, and the sign shall be located between the building wall and the nearest lot line, but not closer than 10 feet to the nearest lot line;

The sign may not impede or interfere with pedestrian or vehicular traffic, or protrude over a sidewalk;

The area of the signboard shall not exceed 20 square feet;

The area of the signboard for a monument sign in the PO/R District shall not exceed 10 square feet;

The height of the lettering, numbers or graphics of the sign shall not exceed eight inches for a monument sign and 12 inches for a pylon sign;

The height of the top of the signboard of a monument sign, or of any posts, brackets, or other supporting elements, shall not exceed 12 feet from grade;

The signboard of a monument sign shall be architecturally compatible with the style, composition, materials, colors and details of the building;

A monument sign may be internally illuminated provided it is more than 20 feet from a public right-of-way;

Pylon signs no higher than 20 feet from grade shall be permitted in lieu of a monument sign for shopping centers and auto-related businesses only. Pylon signs shall be set back at least seven feet from the street right-of-way. Such signs may be internally illuminated, provided light shines through lettering, numbering or logos only and not through the faceplate; and

Freestanding signs shall be limited to one sign per street frontage. Any freestanding sign may advertise more than one establishment located at the same site, provided the sign does not exceed the provisions of this subsection.

A wall-mounted display featuring the actual menu as used at the dining table, to be contained within a shallow wood or metal case, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately six feet, shall not exceed a total area of two square feet, and may be externally illuminated.

A sandwich board sign, as follows: