In residential districts, where permitted, no building shall be located within 50 feet of any property line. In residential districts, where permitted, there may be included retail sales for members and their guests only.

Unenclosed recreational facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining dwelling uses in accordance with the provisions of § 92-18, Landscaping.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No public address system is permitted except where such system will not be audible at any property line.

Such uses shall include golf courses, ice-skating rinks, swimming pools and tennis courts.

Except as otherwise provided herein, such uses shall be in accordance with § 92-19A above.

Public utility services. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area, and water-pumping stations in residential districts, and shall be subject to the following regulations:

Such uses shall have a minimum area for each unit of occupancy of 150 square feet and shall include a minimum of one bedroom and a shower or bathroom with toilet.

Such uses may include retail sales for guests only.

Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No such activity shall be conducted on a lot of less than three acres, except as permitted in § 92-21b6, Chickens.

Any structures for the shelter of said livestock, or the storage of food or materials pertaining thereto, shall be no less than 100 feet from the nearest property line.

Any accessory building or structure related to the keeping of said livestock shall be no less than 75 feet from any dwelling.

Any storage of livestock food or other related materials shall be in accordance with the regulations in § 92-26c.

No slaughtering of livestock shall be permitted, except poultry.

Chickens.

The Mayor and Council hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes; tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration of conditions affecting the health, safety and morals of the inhabitants thereof and the general welfare of the community at large; and tends to destroy a proper balance between the taxable value of real property in such areas and the cost of providing municipal services. Except as provided below, no single-family dwelling shall be erected if it is like or substantially like, in more than six of the following respects, any neighboring building then in existence or for which a building permit has been issued:

Buildings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than three feet. Buildings between which the difference in relative location of elements is an end-to-end or side-to-side reversal of elements shall be deemed to be like each other in relative location of such elements. For the purpose of this section, a building shall be deemed to be a neighboring building if the distance between such building and the subject building, including attached accessory buildings on both, if any, is not more than 225 feet and if both buildings front on the same street.

Size and access.

Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the Schedule of Regulations in accordance with the definition of "floor area" as set forth in Article XI hereof.

Off-site facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere but shall be provided within a radius of no greater distance than 1,500 feet from that zone lot. For utilization of spaces on property not in the same ownership as the use to which they are accessory, a copy of a lease/license agreement between the user and the property owner allowing the utilization of the spaces must be submitted to the Zoning Officer within 10 days of execution of the agreement. If the agreement is terminated for any reason, the user must immediately notify the Zoning Officer of same and terminate all use.

Size and location. Loading spaces shall be not less than 10 feet in width, 25 feet in length and 14 feet in height and may occupy all or any part of any required yard; except that where located adjacent to any residential district, they shall be set back a minimum of six feet from such property line.

Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened by a fence or hedge on each side which adjoins or faces another premises. Such fence or hedge shall not be less than four feet nor more than six feet in height and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining a premises or the front lot line facing a premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.

Minimum distances and setbacks. No off-street loading area or parking area or part thereof for more than five vehicles shall be closer than three feet to the adjoining lot line upon which adjoining lot is located any dwelling, school, hospital or other institution for human care. If not in a residential district but adjoining such district, the parking area shall not be located within five feet from the established street right-of-way line within 50 feet of any residential district.

Surfacing. All off-street parking or loading areas shall be surfaced with an asphaltic or Portland cement binder pavement or similar durable and dustless surface which shall be so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

Lighting. Any lighting used to illuminate any off-street parking or loading areas shall be so arranged as to reflect away from the adjoining premises in any residential district.

Modification of requirements. The Board of Adjustment may, on appeal, authorize a modification, reduction or waiver of the foregoing requirements, if it should find that, in the particular case appealed, the peculiar nature of the use or the exceptional situation or condition must justify such action.

Location of exits and entrances.

Location of appliances or pits. No gasoline filling station or parking garage shall be permitted where any gasoline oil pump or oil-draining pit or visible appliance for any such purpose is located within 10 feet of any street lot line, except where such appliance or pit is within a building.

Soundproofing of all exterior walls of the building or of the entire perimeter of the space devoted to such use, where a building will contain multiple uses, shall be required.

Where outdoor runs or play areas are proposed, the minimum lot area shall be five acres and the minimum setback of any outdoor run or play area from a property line shall be 200 feet. The outdoor run or play area shall be visually screened from adjoining properties and from other activity areas on the site. Moreover, the outdoor runs or play area shall be located as far as possible from the parking lot and from the main building entrance.

Dog walking areas shall be policed on a regular basis and shall contain cleanup stations stocked with plastic bags and a receptacle for disposing of waste. Appropriate signage shall be posted to ensure client compliance.

The maximum height permitted for a hotel or motel shall be four stories and 50 feet, measured from the average grade around the building to the top of the ridgeline of the roof.

Hotels and motels shall only be permitted as part of a comprehensive development of 20 acres or more consisting of multiple permitted uses within the B-1-A Zone. Freestanding hotels and motels shall not be permitted.

Hotels and motels shall be located at least 100 feet from any residential lot line and shall be set back from the street line at least 50 feet.

Signage for a hotel or motel may be located on one or more exterior walls of the building, provided that said walls do not face a residential area, and said signs may be placed above the twelve-foot height limit for other uses, subject to site plan review. Additionally, one sixteen-square-foot freestanding monument-type sign may be placed at the entrance to the hotel or motel site, provided such freestanding monument-type sign does not exceed a height of four feet above ground level and is set back at least 10 feet from all lot lines.

Permits shall be issued according to the provisions of § 92-44C and shall be valid for one year from date of issuance.

Prior to the issuance of any permit for excavation, the applicant shall file with the Borough Engineer a bond on a form prescribed and furnished by the Engineer, payable to the Borough of Bloomingdale and conditioned that the applicant shall faithfully replace a sufficient overburden as required herein. The amount of the bond shall be set by the Engineer based on his estimate of the reasonable cost of such replacement. Such a bond shall be signed by the applicant and a corporate surety licensed to do business in the State of New Jersey, or the applicant may elect to deposit cash or United States securities in lieu of the surety bond. Upon covering the exposed surface and approval thereof by the Borough Engineer, the Borough will release the applicant and his surety from their bond.

If any person fails to comply with the requirements of this chapter in any respect within three months of the expiration of each permit, the Borough shall proceed to sue and collect the amount of liability thereof on the bond as is necessary to cover the liability thereof.

Any and all excavation and extractive industrial operations which shall be in effect at the date of adoption of this chapter[1] shall, within 60 days after said adoption, conform to the provisions of this section.

Open excavations and pits shall be enclosed with a substantial fence not less than six feet high. Such fence shall at all points be located 40 feet or more distant from the edge of such excavation and not less than 50 feet from any property line or 100 feet from any school or charitable institution.

Operations for drilling and for excavating purposes shall not begin earlier than 7:00 a.m. or continue later than 7:00 p.m. during each day, and such structures shall not be operated on Sundays.

Backfill and the replacement of overburden material shall be required of all excavation operations. Such backfill, when reasonably compacted, shall restore all of the excavate property as close as practical to its original grade or to a shallower slope but, in no case to a grade of more than 5% greater than the original grade, provided that adequate drainage shall be maintained. The characteristics of the overburden to be replaced and the degree of compactness shall in each case be determined by the Borough Engineer. Rock quarrying operations involving the generally vertical removal of the side of a hill, mountain or similar projection above the grade of surrounding land shall be exempt from the provisions of this subsection to the extent that original horizontal grades at the foot of such hill or mountain are not disturbed. Such hillside operations shall, however, be required to leave the final surface in such condition and slope as in the opinion of the Borough Engineer will not cause dangers from landslides and rockfalls. Further, if warranted in the opinion of the Planning Board, a permanent fence similar to and as per § 92-25C(1) above may be required at the top of such hillside operations.

Occupancy permits for existing units. An annual list of all seasonal dwelling units in the Borough shall be compiled by the Construction Official. The Construction Official shall issue a certificate of occupancy for each seasonal dwelling unit stating that the building for which the certificate of occupancy is issued shall be used only on a seasonal basis between May 1 and October 30 and for periods not exceeding four successive days between October 30 and May 1. No dwelling unit for which a seasonal occupancy permit has been issued shall be used for year-round occupancy except as otherwise provided herein.

Occupancy permits for conversions to year-round occupancy. The conversion to year-round occupancy of any seasonal dwelling for which a permit shall have been issued for seasonal occupancy shall be subject to the following requirements:

Nondwelling structures. No commercial or manufacturing structure originally designed for other than residential uses shall be converted to a dwelling structure, nor shall any such structure which was so converted prior to December 27, 1960, be further converted to provide for additional dwellings.

Permitted home occupations operated in any dwelling unit may be operated only if they comply with all of the following conditions:

Permitted uses include not more than one of the following uses:

Flammable and explosive liquids. No highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be not less than 20 feet distant from all property lines which abut a residential district or existing residential development, but in any other case shall be not less than 10 feet distant from any property line and shall be not less than 25 feet distant from any public street.

Deposits of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

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

Maintenance. Signs must be constructed of durable materials, must be maintained in good condition and must not be allowed to become dilapidated.

Projection of signs. No signs projecting from a building more than one foot shall be permitted.

Height of signs. No sign shall be higher than the height limit in the district where such sign is located, nor shall any sign be located upon the roof of any building.

Building permits for signs. Building permits shall be required for all signs except signs provided for in § 92-26B(l) and other accessory residential signs. For signs in the interest of public information and convenience, the Construction Officer, upon approval by the Planning Board, may issue a temporary permit for a period to be designated by the said Board. Such temporary signs shall be removed by the property owner at the termination of any permit for the erection thereof.

Fees. No fee shall be charged for any permit connected with the erection of a sign necessary to the public welfare.

Floodlights. The use of floodlights in any zone for lighting property for any purpose is permitted subject to these restrictions:

Incandescent lamps. Untinted incandescent lamps of over 10 watts in power are strictly prohibited to be strung or hung in a series of three or more lamps in the front yard of a business property. Untinted incandescent lamps strung in a series of three or more, where permitted, must be shielded or covered so as not to cause a glare at property boundary lines or beyond.

Privately owned salt storage shall be governed by the regulations contained in § 24-3 of the Borough Code.

Storage of loose salt or other solid de-icing materials, regardless of storage facility type, is not permitted in any single-family residential zone, the BCD zone, the B-1 zone or the B-1-A zone. In all other zones, no more than 20 cubic yards shall be stored in temporary storage facilities.

Private lake communities (Glenwild, Morse, Iosco and Kampfe). Storage containers along private roadways shall be a solid, sealed container covered at all times.

Temporary outdoor storage facilities are not considered principal or accessory structures.

Temporary outdoor storage facilities shall be permitted only where the salt or other solid de-icing materials are being used for the property on which it is stored.

Permanent outdoor storage facilities are not considered principal structures.

Permanent outdoor storage facilities are considered accessory structures.

Minimum front footage shall be 100 feet; minimum side footage shall be 100 feet on each side; minimum rear footage shall be 100 feet; minimum street footage shall be 200 feet.

Maximum building coverage, including accessory buildings, shall be 15% of the lot area.

Maximum building height shall be two stories, not to exceed 35 feet to the highest point of any building, exclusive of chimneys and cupolas.

The minimum number of parking spaces shall be one space for each two beds.

Parking areas may be permitted in the side yards and rear yards, but not in buffer strips required by this section.

Buffer strips 50 feet in width with plantings shall be provided along the side lines and rear line. Existing trees in the proposed buffer strip shall not be removed except upon approval of the Planning Board.

The maximum number of beds shall not exceed 120.

There shall be a minimum of one separate entrance and one separate exit from and to a proposed street.

All regulations of the State of New Jersey and the Borough of Bloomingdale shall be complied with.

No building permit shall be issued by the Construction Official for any nursing home use except by submission of and approval of a site plan by the Planning Board.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

Require the location of towers in nonresidential zones;

Minimize the total number of towers throughout the community;

Require the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

Enable the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

Consider the public health and safety of communication towers, as appropriate; and

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

New towers and antennas. All new towers and antennas in the Borough of Bloomingdale shall be subject to these regulations, except as provided in Subsections C(2) through C(4), inclusive.

Amateur radio station operators/receive-only antennas. This section shall not govern any tower or the installation of any antenna that is under 50 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. Application for towers under this section shall be received and approved by the Planning Board.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of § 92-26.2D(6) and D(7), absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.

AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system that functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array subject to the review of the Planning Board to ensure that the additional units do not violate any provisions in the Borough of Bloomingdale's Zoning Chapter.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. The minimum lot size for new towers and antennas is 7,500 square feet.

Inventory of existing site. Each applicant for an antenna and/or tower shall provide the Borough Engineer an inventory of its existing towers, antennas or sites approved for the towers or antennas, as well as all sites where an application is pending, that are either within the jurisdiction of the Borough of Bloomingdale or within five miles of the border thereof, including specific information about the location, height and design of each tower. The Borough Engineer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Bloomingdale, provided, however, that the Borough Engineer is not, by sharing such information, in any way representing or warranting that such are available or suitable.

Aesthetics. Towers and antennas shall meet the following requirements:

Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least amount of disturbance to the surrounding views.

State or Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within 120 days of the effective date of such standards and regulations unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building Codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State, local and appropriate industry building codes. If, upon inspection, the Borough of Bloomingdale concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Bloomingdale, irrespective of municipal and County jurisdictional boundaries.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities unless mandated by Federal or State law.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Bloomingdale have been obtained and shall file a copy of all required franchises with the Borough Engineer.

Public notice and hearing. For purposes of this section, any conditional use request, variance request, or appeal of an administrative approved use or conditional use shall require public notice in accordance with N.J.S.A. 40:55D-1, et seq.

Signs. No signs or advertisements shall be allowed on an antenna or tower.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 92-26.2G.

Multiple antenna/tower plan. The Borough of Bloomingdale encourages the users of towers and antennas submitting a single application for approval of multiple sites to be given priority in the review process.

Height. The maximum height of new towers shall be 150 feet in height.

Permitted uses. The following are specifically permitted: antennas or towers located on property owned, leased or otherwise controlled by the Borough of Bloomingdale provided that a license or lease authorizing such antenna or tower has been approved by the Borough of Bloomingdale. The decision to extend such leases to an applicant shall be vested solely with the municipality and shall not be governed by this section.

Conditional uses. The following are specifically permitted as conditional uses: a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, are permitted as conditional uses in the M-1 Light Industry Zone and the P Public Zone.

Prohibited uses. Towers and antennas are prohibited in any other zone. No towers or antennas shall be permitted on any recreational facility, park, passive park or area set aside as a green acre area by the Borough of Bloomingdale. No towers or antennas shall be permitted on any property in which a public or private school is located.

General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:

Towers.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with the antennas shall be located in accordance with the following:

Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

Any antenna or tower that is not operated for a continuous period of nine months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Bloomingdale notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. A permit to demolish or remove a tower or antenna will be required in accordance with all applicable Borough ordinances.

Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 92-26.2F. The type, height and location of the tower on the site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 92-26.2H.

To control the size, location, character and other pertinent features of all exterior sign or signs visible from the exterior.

To promote signage which is compatible with its surroundings, orderly, readable, and which shall promote vehicular and pedestrian safety through a visually nondistracting environment.

To discourage and render unlawful signs which contribute to visual pollution and clutter thereby promoting the aesthetics of the environs.

To promote the public health, safety and welfare by minimizing signs which are of faulty construction or which are in disrepair, or which are in any other way inimical to the public safety.

Sign erection application and fees. Any person desiring to erect or relocate a sign within the Borough shall first apply for and obtain a sign erection permit from the Code Enforcement Official as regulated by N.J.A.C. 5:23-2.16.

A professional nameplate affixed to the door or adjacent wall of residential premises used in conformance with § 92-26B, not to exceed eight inches by twenty (8 x 20) inches.

A memorial sign or tablet, or a sign indicating the name of a building, or the date of its erection, when cut into any masonry surface or when constructed of bronze or other noncombustible material.

Signs for public convenience and welfare erected by or on behalf of the United States, the State, the County and the Borough, legal notices posted by approved governmental officials or their designees, railroad crossing signs or other signs as required by law.

Celebration or seasonal-style flags on residential premises.

"Hex" signs on residential premises.

All temporary signs are prohibited except those specifically allowed as provided by this section.

Advertising signs shall be prohibited in all residential districts except as provided by this section.

No permanent sign shall be placed or located or displayed upon a sidewalk.

No sign shall be permitted to be erected upon the roof of any structure.

No projecting sign as defined herein shall be permitted to be erected above any sidewalk.

No sign shall be in whole or in part, moving, revolving, or otherwise kinetic by design.

Signs containing exposed luminous tubing or lighting are prohibited except as specifically approved by this chapter.

Strings or streamers of flags, pennants, spinners, or other similar devices strung across, upon, over or along any premises or building, whether a part of any sign or not, shall not be allowed within any zone district, except those which shall be specifically exempted under § 92-26.3F.

Flashing signs as defined in § 92-26.3B are prohibited.

No secondary sign shall be attached to or placed upon another sign.

No person shall place upon or attach to any tree or upon or to any telegraph, telephone or electric light pole in any street or highway within the Borough, any handbill, advertisement or written, printed or partly written or printed notice of any kind except such notices as are required by law to be posted.

Signs or advertising matter of an obscene nature are prohibited.

No billboard or billboard-type signs shall be erected.

Temporary signs may be installed for a period of not more than 15 days with one extension not to exceed another 15 days, with property permits and approval by the Construction Code Official pursuant to § 92-26.3C. Each locale is limited to two temporary sign approvals per year, except that flea market locales are permitted 10 temporary sign approvals per year.

Elective office. Temporary signs for elective office are permitted only after a permit is obtained from the Construction Code Official. Such signs must be removed no later than 10 days after the date of the election to which they pertain. Maximum size of such signs shall be 24 square feet. The permit fee shall be waived for temporary signs for elective office.

Garage sales and flea markets. Garage sale and flea market temporary signs must be removed within 24 hours after completion of the event. The permit fee shall be waived for garage sale and flea market temporary signs.

Real estate signs which are customary and necessary in the offering of real estate for sale or let, placed upon the premises being offered;

Garage sale signs as regulated by § 92-26.3F;

A professional nameplate or announcement sign not larger than eight inches by 20 inches;

Temporary signs for elective office are permitted as regulated by this section. All other temporary signs are prohibited unless specifically approved by § 92-26.3.

There shall be no more than one principal sign and one secondary sign for each establishment or permitted use therein.

All signs, unless a freestanding sign, as hereinafter regulated:

The maximum height dimension of the principal sign, except freestanding principal signs, shall not exceed three feet and the total gross area shall not exceed 15% of the front face of the building to which it is attached.

Where there shall be more than one occupant of the building and where each occupant has a separate ground floor entrance, the total area of all signs permitted as hereinafter regulated, taken in the aggregate, shall not exceed the maximum gross area requirement above set forth for each wall upon which any sign is permitted to be erected. All signs shall be uniform in appearance, shall be made of the same material with the same background and contain the same letter typestyle and material.

No signs are permitted above the first floor.

For those premises where the structure is set back at least 20 feet from the front curbline, a freestanding sign of an area not to exceed 12 square feet in area on each side and 24 square feet in aggregate shall be permitted; provided, however, the top of said sign shall not be more than 10 feet above the level of the ground and the sign shall not be located within any road right-of-way or within any required sight triangle, or be closer than five feet from any property line. The provisions of this subsection shall not be construed to prohibit freestanding signs accessory to filling and service stations as provided in § 92-26.3H(9).

Neon signs and/or signs painted on, placed or hung on/or within 24 inches from the inside window glass of, and paper signs attached to, windows for advertising purposes shall be limited to covering 30% of the area of any one window, but in no event shall the area of coverage exceed a total of 36 square feet for each window pane. Notwithstanding the provisions of this section, unlettered and undecorated balloons, pennants, flags, banners and the like shall only be permitted for grand opening of a new permitted use and shall be displayed in accordance with § 92-26.3E. Signs other than principal signs that fail to comply with provisions of this section shall be removed no later than 60 days after the effective date of this section. Window signs are prohibited.

Facade-mounted signs for permitted uses which share a common entrance shall be limited to tenant identification or directory signs. Said signs shall be unlighted, limited to one sign per tenant, uniform in appearance, made of the same materials with the same background and contain the same letter typestyle and materials as all other similar signs used by tenants of the building. Said signs shall not exceed an area of two square feet per sign or a vertical height dimension of eight inches, and where there is more than one tenant in the building, all of said signs shall be abutting one another and not indiscriminately placed on the exterior walls of the building. The total square footage of the directory sign or individual tenant identification signs shall not exceed the allowable sign area for that zone.

The following signs, customary and necessary to the operation of filling and service stations, are permitted:

Signs are permitted on awnings and canopies not to exceed the applicable size regulations allowed in that zone. A sign on an awning or canopy which is not installed on the flap or vertical plane shall be considered a principal sign. Signs running in a horizontal direction are permitted on the flap or vertical plane of any permitted awning or canopy provided said sign does not exceed a height of eight inches, measured from the bottom to the top of such sign or lettering.

Illumination of signs. Stationary illuminated signs are permitted. Except as regulated by § 92-26.3H(8), signs may be internally lighted or illuminated by a hood reflector; provided, however, that such lighting shall be arranged to prevent glare, and no sign shall be lighted by a lighting of intermittent or varying intensity. Animated signs, signs having moving parts or signs which may be mistaken for traffic signal devices are prohibited.

Any change of signage for preexisting, nonconforming business area uses in residential zones shall:

It shall be unlawful for any person to conduct a garage sale or flea market in the Borough of Bloomingdale without first applying for a permit with the Municipal Clerk's Office. Each permit so issued must be properly displayed on the premises upon which the garage sale or flea market sale is conducted. Unless such sale is held within two months of the date of the permit, such permit shall expire by limitation; provided, however, that each garage sale or flea market is limited to a period of two consecutive weekends. Each owner-applicant may apply for said permit not more than twice each calendar year and no location shall receive more than two permits for an open-air flea market per calendar year.

In cases where charitable, religious or civic organizations have applied for permits, the Borough Council is empowered to waive said permit fee upon request. All applicants subject to the provisions of this section shall be required to prudently operate and conduct said activities so as to minimize dust, but in no event shall a bed of hay, straw, etc., be permitted. Said applicants shall be required to have available and use containers for the storage of garbage, rubbish and refuse accumulating on said premises.

Nameplates and identification signs. Signs indicating the name or address of the occupant, or a permitted home occupation, provided that they shall not be larger than two square feet in area. Only one such sign per dwelling unit shall be permitted, except in the case of corner lots where two such signs, one facing each street, shall be permitted for each dwelling unit.

Sale or rental signs. Signs advertising the sale or rental of the premises upon which they are erected by the owner or brokers or any other person interested in the sale or rental of such premises and signs bearing the word "sold" or "rented," with the name of the persons affecting the sale or rental, may be erected or maintained, provided that the size of any such sign is not in excess of six square feet and not more than two such signs are placed upon any property, unless such property fronts upon more than one street, in which case two more signs may be erected on each additional frontage.

Institutional signs. Signs of schools, churches, or other institutions of a similar public or semipublic nature may be erected and maintained, provided that the size of any such sign is not in excess of six square feet and not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage.

Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area and limited to one sign for each such exit or entrance and to a maximum size of two square feet each shall be permitted. One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street.

Development signs. Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other persons interested in such sale or development, may be erected and maintained, provided that the size of any such sign is not in excess of 20 square feet and not more than two such signs are placed upon any property, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage. Any such sign shall be removed by the developer within 30 days of the final sale of the property.

Directional signs. Signs indicating the location and direction of premises available or in process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent, may be erected and maintained, provided that the size of any such sign is not in excess of six square feet and not in excess of four feet in length and not more than one such sign is erected on each 500 feet of street frontage.

Artisans' signs. Signs of mechanics, painters and other artisans may be erected and maintained during the period that such persons are performing work on the premises on which such signs are erected, provided that the size thereof is not in excess of 12 square feet and such signs are removed promptly upon completion of the work.

Private driveway signs. Signs indicating the private nature of a driveway, or trespassing signs, provided that the size of any such sign shall not exceed two square feet.

Height and projection of signs. No sign in a residential district shall project into the public way or project higher than one story or 20 feet, whichever is lower.

Front yard. Fences shall not exceed a maximum height of four feet anywhere in the front yard or side yard which abuts a street, except as provided under regulations controlling visibility at intersections. See § 92-52A.

Side yards and rear yards. Fences shall not exceed a maximum height of six feet, anywhere in a side or rear yard.

All fences must be erected within the property line, and no fence shall be erected to encroach upon the public right-of-way or in such manner that any gate from said fence shall swing over the public right-of-way or adjacent property.

It shall be unlawful for any person or residence association to conduct a garage sale without first applying for a permit with the Borough Clerk's Office. In the case of a residence association, each sale location shall operate with an individual permit. Each permit so issued must be properly displayed on the premises upon which the sale is conducted. Unless such sale is held within two months of the date of the permit, such permit shall expire by limitation. Each homeowner or residence association may apply for said permit(s) not more than twice each calendar year.

The fee for all garage sale permits shall be as specified in Chapter 2 of the Borough Ordinances.

Each garage sale is limited to a period of two consecutive weekends (Saturday and Sunday), and shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.

Signs shall be permitted as regulated in § 92-26.3F.

It shall be unlawful for any person or organization to conduct a flea market without first applying for a permit with the Borough Clerk's Office. Each permit so issued must be properly displayed on the premises upon which the flea market is conducted and unless such event is held within two months of the date of the permit, such permit shall expire by limitation. No location, person or organization shall receive more than 10 permits per calendar year.

The permit fee for all flea markets shall be as specified in Chapter 2 of the Borough Ordinances. In cases where charitable, religious or civic organizations have applied for permits, the Borough Council is empowered to waive said permit fee upon request.

Each flea market is limited to a period of two consecutive weekends (Saturday and Sunday), and shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. only.

All applicants subject to the provisions of this section shall be required to prudently operate and conduct said activities.

To assure the faithful clean-up operations of all areas on public property affected by the event, a cash bond as specified in Chapter 2 of the Borough Ordinances or sufficient security in lieu thereof acceptable to the Borough Council, shall be posted by the applicant.

The applicant applying for said permit and the person in actual control of the activity or the agent thereof shall be responsible for cleaning up the above-referenced area between the closing hour of the first day of operation and the opening hour of the next day and within 24 hours after termination of the event. Failure to do so will cause an automatic forfeiture of the deposit or any part thereof necessary to enable the Borough to effectuate a prompt clean-up.

Signs shall be permitted as regulated in § 92-26.3F.

Height. The maximum permitted height of a wall shall be four feet in front yard areas and six feet in side or rear yard areas.

No wall shall be erected or maintained at a height or in a location that would limit or restrict pedestrian or vehicular sight distance for any street or driveway under the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., or any other regulation of the Borough of Bloomingdale, the County of Passaic or the State of New Jersey.

Terracing and embankments. Notwithstanding any other provisions of this subsection 92-26.7, the use of terracing whereby a series of two or more parallel retaining walls are constructed behind one another with stabilized embankment slopes between them shall be limited as follows:

Set-backs. All walls must be erected or maintained within the front yard property line, and no wall shall be erected or maintained to encroach upon the public right-of-way. No wall having an exposed height of four feet or greater shall be erected or maintained that is less than five feet from any side or rear yard property line. Walls having an exposed height of less than four feet shall be erected or maintained no less than two feet from any side or rear yard property line.

The use of utilitarian retaining wall designs, such as crib walls and railroad ties, and the use of wood products shall be prohibited.

Walls constructed of masonry blocks shall not have a block face area larger than two square feet.

No wall exceeding six feet in height from the lowest elevation of the finished grade to the top of the wall shall be erected or maintained in any zone district unless a variance application has been submitted to and approved by the Bloomingdale Planning Board in accordance with the terms of Chapter 33, Land Use Procedures.

Zoning permit required. No wall regulated by this section shall be erected or maintained except in accordance with a zoning permit issued by the Zoning Officer.

No wall shall be erected or maintained having a total height of four feet or greater, as measured from the bottom of the foundation to the top of the wall, without first obtaining a construction permit from the Bloomingdale Building Department as required by the NJ Uniform Construction Code.

No wall having an exposed height greater than two feet shall be erected or maintained without first obtaining a soil disturbance permit for review and approval by the Bloomingdale Borough Engineer for minor soil movements and by the Bloomingdale Planning Board for major soil movements as required by Chapter 32, Soil and Soil Removal.

Any wall having an exposed height of greater than 30 inches, shall have a permanent railing meeting the height and space opening requirements of railings required for decks per the International Residential Code or International Building Code, NJ Editions, or shall have a permanent fence meeting the height and space opening dimensions of the pool code requirements of the NJ Uniform Construction Code. Any wall having an exposed height of 10 feet or more shall have a permanent fence with a height of no less than six feet and meeting the space opening requirements of the pool code requirements of the NJ Uniform Construction Code.

Any wall having an exposed height of greater than two feet and located within 10 feet of a driveway, parking area, or other areas subject to vehicular traffic, shall have provisions for a permanent vehicular barrier.

Design by professional engineer, details and design calculations. Notwithstanding any other provisions of this subsection 92-26.7, any retaining wall greater than four feet in height and any terracing utilizing retaining walls where the summation of the heights of each retaining wall utilized exceeds four feet in height shall be required to be designed by a licensed professional engineer registered in the State of New Jersey. In addition, details and design calculations shall be submitted to and approved by the Bloomingdale Borough Engineer prior to the issuance of a construction permit. The design calculations and details shall include and address but not be limited to: