Bridgeton City Zoning Code
ARTICLE VIII
Common Regulations and Standards
§ 370-57 Statement of intent; applicability.
A.
Statement of intent.
(1)
It is the purpose of this article to provide common regulations on certain activities or conditions and to provide common standards affecting the construction of property improvements which are not subject to specific zoning districts.
(2)
Nothing herein shall be interpreted as providing limitations on specific controls delineated in prevailing zoning districts.
§ 370-58 Accessory uses.
A.
Single- and two-family dwelling accessory uses.
(1)
Open parking spaces shall not be:
(a)
Located within the area between the building setback line and the street right-of-way line or, in the case of a corner lot, between the side yard line and the street right-of-way line.
(b)
Located closer than 25 feet to an alley or within any street.
(c)
Paved with an inappropriate material. If such material is pervious asphalt, crushed stone or similar material, the paved area may be considered to be part of the open space requirement.
(2)
One detached garage and/or carport per lot shall be permitted which shall not be:
(3)
One storage shed, tool room, animal shelter or other outbuilding shall be permitted per lot which shall not be:
(a)
Greater than 15 feet in height.
(b)
Located within five feet of the rear or side yard if less than 100 square feet in size.
(c)
Located within 10 feet of the rear or side yard if greater than 100 square feet in size.
(d)
Permitted between the building setback line and the street right-of-way line or within 60 feet of any street right-of-way line.
(e)
Placed on a temporary floor or be placed directly in contact with the ground. A permanent floor of concrete slab or other solid foundation is required.
(f)
Used for non-household pets when used as animal shelters. When used as a structure for household pets, only two animals are permitted.
(g)
Used for keeping of animals for sale, hire or food production.
(4)
Patios, paved terraces and open porches shall not contain impermeable surfaces within 10 feet of any property line.
(5)
Pools and ponds and private recreation facilities.
(a)
Wading pools, flower ponds or other artificial ponds having an average depth of less than 18 inches and a surface area of less than 115 square feet shall be permitted as an accessory use.
(b)
Permanent recreation facilities such as tennis courts and swimming pools shall not be used for commercial purposes.
(c)
All area and bulk regulations of the prevailing zoning district shall apply except the following:
[1]
Swimming pools and related walkways and fences shall be located 10 feet from any property line.
[2]
Tennis courts and similar large-scale courts and their required fenced areas may be located partly within required yard areas, provided no court or fenced area is located less than 15 feet from a property line and is not located between the building setback line and the street right-of-way line.
[3]
Swimming pools and paved recreation courts shall be considered a part of lot coverage limitation.
(d)
Supplemental regulations.
[1]
Private swimming pools.
[a]
A permanent pool, portable pool or collapsible pool and related walkways and fences shall not be constructed, installed, located or maintained within 10 feet of any property line, nor nearer to any street line upon which the residence fronts than the existing setback line of said residence building, but in no case, regardless of building setback line, shall a pool be located less than 40 feet from the front street line, and, in the case of a corner lot, a pool shall not be constructed any closer to the side street line than the distance to the street at the front of the residence.
[b]
The installation of a pool shall conform to all regulations of the Zoning Ordinance and Uniform Construction Code.
[c]
No private pools shall be used in such a manner as to create a nuisance to other property owners in the vicinity.
[d]
All waters from the pool shall be discharged in such a manner that another person's property is not damaged or affected by the discharge of the said water. Water may be discharged from a swimming pool into a street or nearby storm drain.
[2]
Outdoor floodlighting for recreational facilities and/or activities in any district shall not create a nuisance to other property owners. Outdoor floodlighting must be approved by the Zoning Officer prior to the issuance of a permit for the erection of such lighting. Application for such shall be made in writing to the Zoning Officer. Such application shall include a sketch showing the proposed lighting standards, the direction and intensity of lighting, all adjacent property lines and other such information as may be necessary to enable the Zoning Officer to determine whether the lighting complies with this chapter and otherwise minimizes interference with adjacent properties and use.
(6)
Agriculture.
(a)
Only individual gardens for home consumption shall be permitted.
(b)
Gardens shall not be located between the building setback line and street right-of-way line.
(c)
Farm animals and/or domesticated animals, which have historically been used for the production of agricultural income, including but not limited to sheep, chickens, goats, swine, horses, and cows, shall not be permitted within the City limits.
B.
Apartment dwelling accessory uses.
(2)
Parking garages and/or decks for the exclusive use of tenants and employees:
(b)
Shall be located underground, in the same building as the apartments or in a separate building.
(c)
Shall conform to the architectural design of the main building where a separate building is constructed for parking.
(d)
Shall be accessed from an alley, private street or driveway.
(e)
Shall not be located closer to any property line than 30 feet.
(4)
Recreation areas.
(a)
Outdoor recreation facilities shall be located in landscaped yards or may be located on roof decks when properly protected by a parapet wall and/or fencing.
[1]
Outdoor recreation areas except for landscaped gardens and sitting areas shall be located at least 30 feet from any street right-of-way line and 25 feet from any other property line.
[2]
Play lots shall be provided with benches for adults.
[3]
Play lots shall be surrounded by fencing or an ornamental brick wall, either of which shall be four feet in height.
[4]
Tennis courts and basketball courts shall be surrounded by a fence 10 feet in height.
(5)
Tenant laundry facilities shall not exceed more than 1/4 of the floor area of any single floor.
(6)
Storage facilities shall be located indoors only.
C.
Commercial and industrial accessory uses.
(1)
Parking lots for the exclusive use of customers and employees:
(b)
Shall not be located between the building setback line and the street right-of-way line or closer than 10 feet to any property line.
[Amended 9-17-2013 by Ord. No. 13-06]
(c)
Shall contain clearly marked and/or separated employee parking from customer parking.
(d)
Shall be located on the same lot as the use to which it is accessory except where specifically noted in the zoning district regulations.
(2)
Parking garages and/or decks for the exclusive use of customers and employees:
(b)
Shall be located underground, in the same building as the principal use or in a separate building.
(c)
Shall conform to the architectural design of the main building where a separate building or structure is constructed for parking.
(d)
Shall not be located closer to any property line than 25 feet except where the parking facility is an integral part of the main structure on the lot.
(4)
Storage facilities:
§ 370-59 Temporary uses.
No temporary use shall be permitted except by special permit issued by the Zoning Officer. Should a permit be denied, the applicant may seek recourse through the Board of Adjustment.
A.
B.
Temporary sales office.
(1)
Such office shall be incidental and necessary for the sale or rental of real property.
(2)
Such office shall be located on the same property offered for sale or rent; except, in the case of a subdivision or similar land development, such office shall be located within the development being constructed and offered for sale.
(3)
Permits issued for this purpose shall be subject to the same time limitations as set forth in Subsection A(2) above; except where a sample home in a subdivision is used as a temporary sales office, the applicable permit may be extended, upon application, for such additional six-month periods as necessary to accomplish complete sale of the properties in the subdivision or development.
(4)
No temporary sales office shall be utilized as a sales office for properties other than those specified in the original permit.
C.
Temporary storage facilities such as on-site storage containers, dumpsters, and collection bins. Any container placed for more than one day needs a special permit. Placement, number and duration of such facilities shall be at the discretion of the Zoning Officer.
§ 370-61 Performance standards.
No use shall be permitted within the City of Bridgeton which does not conform to the following standards of use, occupancy and operation. The following standards are established as the minimum requirements to be maintained within the City of Bridgeton, provided they do not conflict with existing state or federal regulations.
A.
Noise. No use shall emit noise or vibrations along or beyond the property on which the use is located that exceeds applicable state or federal regulation.
B.
Odor. No emission of odorous gases or materials in such quantity as to be offensive at the lot line.
C.
Air pollution. Air pollution control shall be in accordance with the Code of New Jersey N.J.A.C. 7:27 et seq.
D.
Water pollution.
(1)
No liquid waste materials shall be discharged into a private disposal system, stream, or into the ground except as permitted by the Board of Health or state or federal agencies.
(2)
Solid waste shall be properly contained to prevent the breeding of rodents and insects and the discharge of the waste from the containment area onto the property.
E.
Electromagnetic interference. No activities shall be permitted which produce electromagnetic interference in excess of standards prescribed by the Federal Communications Commission.
F.
Radiation. No activity shall exceed the radiation or contamination limits set forth in Title 10, Part 20, of the Code of Federal Regulations (10 CFR 20).
G.
Glare or heat. No operation shall produce glare or generate heat beyond the property line of the lot on which the operation is located.
H.
Fire and explosion hazards. Any activity involving the use and/or storage of flammable or explosive materials, or that may produce flammable or explosive vapors, shall be conducted pursuant to N.J.A.C. 5:70, the Uniform Fire Code (or other applicable regulations), which may require automatic sprinkler protection and other safety devices.
I.
Vibration. No ground vibration shall be perceptible at any point on or beyond any lot line on which the use is located.
§ 370-62 Design, development and safety standards.
A.
Physical setting and building location.
(1)
The natural terrain and existing attractive features of the lot or development site shall be incorporated into the development. Natural features such as rock outcrops, streams and areas of woodland and natural shrubs shall be preserved to the extent possible.
(a)
The approving authority may waive this requirement to the extent necessary to allow for an economically feasible development at the time it reviews the site plan.
(2)
Existing trees over five-inch caliper shall not be removed except by approval of the Planning Board, and such trees which are removed with the approval of the Planning Board shall be replaced on the lot by new trees, if required by the Planning Board, of the type, size and amount as specified by the Planning Board.
(3)
The developer shall replace natural growth of trees and shrubs removed in the process of developing the lot or lots as directed by the Planning Board.
(4)
Topsoil removed during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the lot or lots.
(5)
Buildings, roads, utilities and stormwater management features shall be located to minimize environmental impacts to the site and off-site and downstream resources.
(6)
Building improvements shall consider the potential for shared access to roads and utility easements on lands to be developed at a future date.
(7)
No more than one principal building may be erected on a lot without approval from the approving authority.
(8)
Every part of a required yard setback or required open space shall be open and unobstructed to the sky; except as follows:
(a)
The following projections into yards or courts may be permitted, provided that the maximum projection specified herein below shall not be exceeded:
[1]
Cornices and eaves may project not more than two feet.
[2]
Belt courses, sills, stormwater leaders, and similar ornamental or structural features may project not more than one foot.
[3]
Awnings serving a door or window may project not more than 3.5 feet.
[4]
A chimney, smoke stack or flue may project into a required rear yard, provided that the horizontal section of the projection shall not exceed five square feet.
[5]
Open fireproof fire escape stairway into a rear or side yard, provided such projection shall not exceed four feet.
[6]
Other projections when specifically permitted in the various zoning district regulations.
B.
Vehicular access and traffic control, parking and pedestrianways.
(1)
Driveways and private streets. All driveways and private roads constructed from the effective date of this chapter shall comply with the following regulations:
(a)
No driveway, service street or private road shall enter a public street at a point that is closer than 75 feet to intersecting streets as measured from the center line of the paralleling street.
(b)
No driveway or private street may enter into an arterial street as shown on the Arterial and Collector Road Map in the Pedestrian and Vehicular Circulation Element of the Bridgeton Master Plan except in the C-5 Commercial District or as permitted by the approving authority upon site plan approval.
[1]
The approving authority, upon advice of the City Engineer and/or the Department of Public Safety, may request such traffic control devices as acceleration or deceleration lanes, turning lanes and lane markings, and yield or stop signs.
(c)
No driveway or private street used for interior traffic circulation shall have traffic lanes less than 10 feet in width.
(d)
All driveways and private streets shall be so designed that they cannot be used as a through street.
(e)
That portion of a driveway or private street located between the street cartway and the street right-of-way line shall be paved with a permanent all-weather surface.
(f)
Curb cuts shall be constructed to standards acceptable to the City Engineer and shall have a minimum width of 10 feet and a maximum width of 20 feet in residential districts and a maximum width of 35 feet in other districts.
(g)
No driveway or private street shall be constructed within three feet of a building or pedestrian walkway unless a raised curb is provided.
(2)
Visibility at intersections. Sight triangles at all street and driveway intersections shall comply with the American Association of State Highway and Transportation Officials (AASHTO) standards.
(3)
New streets, private roads, driveways and parking facility entrances and exits shall enter public streets at an angle of 90° to the extent possible, but in no case shall the angle of entrance be less than 75° or greater than 105°.
(4)
All streets to be dedicated and private roads shall be constructed in conformance with City regulations or to standards set forth by the City Engineer.
(5)
The approving authority may request that acceleration and deceleration lanes, turning lanes and such traffic control devices as stop signs, yield signs and the like be provided in the interest of public safety.
(6)
Off-street parking and loading standards and requirements contained in § 370-11.1, Attachment 4, Zoning Schedule — Parking and Loading Standards[1] shall be considered to be minimum; however, nothing herein shall prevent the development of parking and loading facilities in excess of the aforementioned requirements or to higher standards than prescribed by this chapter.
[1]
Editor's Note: Attachment 4 is included as an attachment to this chapter.
(7)
Pedestrianways, where provided, shall be protected from vehicular traffic by a raised curb and shall be separated from streets, private roads, and driveways and, to the extent possible, parking areas by a grass strip or landscaped area of not less than three feet.
(8)
Sidewalks along dedicated streets and along private roads shall be constructed to City standards.
C.
Lighting.
(1)
All pedestrian walkways, parking lots, driveways, and private streets shall be provided with a lighting system that provides a minimum of one footcandle at any point during the hours of operation.
(2)
All nighttime illumination provided for any use, including, among others, parking lots, stadia, ball fields, playgrounds, playing fields, and game courts, shall be installed in such a manner that no light shines directly into a residential lot, except such residential lot as the lighting is so provided, or into a public right-of-way and shall further be installed so that no glare is perceptible at the property lines.
(3)
No elevated floodlights will be permitted on parking lots located in or adjacent to residential zones or existing residential, hospital and convalescent home uses.
D.
Outdoor storage.
(1)
Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises subject to standards for the prevailing zoning district and/or performance standards.
(2)
Any article or material stored temporarily outside an enclosed building as an incidental part of the primary operation shall be so screened by opaque ornamental fencing, walls or evergreen plantings that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.
(3)
All organic rubbish or storage shall be contained in airtight, verminproof containers which shall also be screened from public view.
(4)
All such storage shall be located behind the building setback line.
(5)
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts, and each designed storage area shall be clearly marked for storage of shopping carts.
E.
Retaining walls. No retaining walls shall be constructed without satisfactory drainage provision or at a height exceeding six feet unless a continuous four-foot-high protecting fence is provided on top within one foot of the wall edge.
F.
Fencing.
(1)
No fence exceeding four feet in height shall be erected between the street right-of-way line and the cartway line or between the building setback line and the street right-of-way line. No fence shall be erected in any sight triangle required at street and driveway intersections required by Subsection B(2) of this section.
(2)
No fence shall be erected within one foot of a property line if erected by one property owner.
(3)
If a fence is erected jointly by more than one property owner, the fence may be erected on the separating property line.
(4)
No fence shall be erected which is higher than six feet above grade level except as provided elsewhere in this chapter.
G.
Screening and buffering.
(1)
A planted visual barrier, or landscape screen, shall be provided and maintained by the owner or lessee of a property between any district and contiguous residentially zoned districts, except where natural or physical man-made barriers exist.
(2)
This screen shall be composed of plants and trees arranged to form both a low-level and a high-level screen.
(a)
The high-level screen shall consist of trees planted with specimens no younger than three years in age, and planted at intervals of not more than 10 feet.
(b)
The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier.
(3)
All plants not surviving three years after planting must be replaced.
(4)
The approving authority may require additional screening and/or setback in order to protect the public welfare and to provide for additional public safety.
H.
Landscaping and improvements.
(1)
Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings.
(2)
A replacement program for nonsurviving plants should be included.
(3)
The site plan must show a satisfactory method of irrigating all planting areas. This may be either by a permanent water system or by hose.
(4)
All lots shall have at least 10 feet of grass or other approved ground cover, as measured from the street right-of-way line, excepting paved access areas.
(5)
For major site plans or major subdivisions having an assessed valuation greater than $100,000, at least 1% of the assessed valuation of the entire development shall be expended in providing a combination of plantings, site amenities or exterior building improvements at appropriate locations according to an overall site plan.
I.
Drainage.
(1)
No natural watercourse may be moved, altered or otherwise changed without prior approval from the appropriate county and state agencies and/or departments.
(2)
All lots shall be graded so that surface water drains away from all buildings and other structures constructed thereon.
(3)
Swales shall be provided to prevent the encroachment of surface water from one lot to another.
(4)
A lot or lots which have sufficient acreage or which have natural conditions that require the installation of a stormwater drainage system shall be provided with such system by the developer and such system shall be installed to specifications provided by the City Engineer.
(5)
Stormwater roof drains shall not discharge directly over a sidewalk, driveway or parking area.
(6)
Natural drainageways shall be protected from siltation by the installation of diversions, sediment basins and/or similar erosion and sedimentation controls and by the mulching or seeding of exposed and/or disturbed areas during construction.
(7)
Normal surface water runoff shall be minimized to facilitate groundwater recharge to the extent possible but not to the extent that such water remains impounded for a period longer than 24 hours.
J.
Exception to height regulations.
(1)
The height limitations as set forth in this chapter shall not apply to church spires, belfries, domes, public monuments, observation towers, radio and television towers, windmills, chimneys, smoke stacks, flagpole masts, aerials, tanks and other projections neither intended nor used for human occupancy.
(2)
No structure shall be hereafter erected that is less than 7 1/2 feet in height.
K.
Historic District review. Any parcel proposed for development which also falls wholly or partially within the Historic District or which includes an historic landmark within its boundaries must submit the proposal to the Historic District Commission for review and recommendation.
L.
Air safety and zoning for the area immediately surrounding any airport. An airport safety zone shall be established and activities therein shall be regulated at any airfield pursuant to N.J.A.C. 16:62-1.1 et seq. According to the New Jersey Department of Transportation, Division of Aeronautics, the LiCalzi Airport was closed and deactivated in July 2009.
§ 370-63 Off-street parking regulations and standards.
A.
General requirement.
(1)
Off-street parking shall be provided in accordance with Attachment 4, Zoning Schedule — Parking and Loading Standards.[1]
[1]
Editor's Note: Attachment 4 is included as an attachment to this chapter.
B.
Location of off-street parking for dwellings.
(1)
No area located within any street right-of-way shall be computed in determining off-street parking requirements.
(2)
Spaces may be located parallel or perpendicular to each other.
(3)
Driveway area may be used to compute the required spaces only when individual driveways are provided for each dwelling; garages or carports shall not be required in any zoning district.
(4)
All parking compounds serving more than two dwelling units shall have marked parking spaces.
(5)
All parking compounds serving apartment and townhouse dwellings shall be so located that no parking space is more than 400 feet from a building entrance as measured along the provided walkway.
(6)
All parking spaces provided for dwellings shall be located on the same lot as the dwelling use except as may be otherwise permitted in the zoning district regulations.
C.
Location of off-street parking for nonresidential uses.
(1)
All spaces for nonresidential uses shall be provided within 600 feet of the main access to the use.
(2)
When practical difficulties prevent the establishment of off-street parking facilities upon the same lot with the use or building to be served, the approving authority may, after public hearing and notice and subject to appropriate conditions, permit the following exceptions:
(a)
Required off-street parking facilities may be established on another lot or parcel, provided such substitute facility is located within a six-hundred-foot radius of the building or premises to which such facilities are appurtenant;
[1]
Such off-street parking facilities and accessways shall be reserved for such use by deed covenants or agreements which subject their control to the City under conditions approved by the approving authority and the City Solicitor.
(b)
When there is a publicly owned off-street parking facility or a privately owned parking facility which is permanently established by agreement with the City for public use, which facility is conveniently located and within a six-hundred-foot radius of the building or premises to be served, such facility may be utilized to meet a portion of the off-street requirement as provided in Subsection D below.
(3)
No parking facility may be located between a building setback line and the street right-of-way line.
D.
Calculation of parking space.
(1)
Parking stalls shall be a minimum of nine feet by 18 feet in size.
(2)
When the calculated number of parking spaces results in a fractional space, that fraction up to 1/2 shall be disregarded and any fraction over 1/2 shall require one parking space.
(3)
Uses other than dwellings located within a six-hundred-foot radius of a municipal parking facility or a privately owned public parking facility may include spaces provided in such facility as a part of the off-street parking requirement up to 50% of the capacity of such facility; provided that:
(a)
No part of the capacity thus assigned shall have been apportioned by the approving authority to satisfy the parking requirements of another building or use.
(b)
Any parking spaces thus apportioned shall not be considered as available to another building or use unless the approving authority shall determine that the two premises are clearly used at different times of the day or week.
(c)
Such apportionment shall not give rights in or title to such parking facility.
(d)
In granting such exceptions the approving authority shall satisfy itself that no undue hardship upon property in the vicinity will result.
E.
Design and safety standards.
(1)
All off-street parking facilities required by this section shall be paved, drained, lighted and maintained by the owner or lessee, in accordance with Residential Site Improvement Standards (RSIS).
(2)
Such facilities shall be arranged for convenient access and safety of pedestrians and vehicles.
(3)
In the interest of safety, such facilities shall have adequate means of access to and egress from a public street except:
(a)
No parking facility shall enter from or provide exit to an arterial street as shown on the Arterial and Collector Road Map in the Pedestrian and Vehicular Circulation Element of the Bridgeton Master Plan.
[Amended 9-17-2013 by Ord. No. 13-06]
(4)
The paved surface of a driveway, aisle or parking space in a parking area shall not extend nearer than three feet to any property line abutting on a street.
(5)
Parking areas that abut or are opposite (across the street from) a residential district or use shall provide adequate buffering to avoid reflection and glare into the abutting or opposite residential district or use.
(6)
Parking spaces shall be clearly delineated by painted lines or markers.
(7)
If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one way with suitable markings permitting head-in parking.
(8)
Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection of adjacent structures or landscaped area.
(9)
Short-term, customer and visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.
(10)
A curbing shall be provided to separate parking areas, streets, driveways and pedestrian walkways.
(11)
Surface drainage shall be connected to the existing or proposed drainage system.
(12)
All vehicular entrances and exits to parking areas shall be clearly designated for all conditions by appropriate signs.
(14)
If off-street parking provides space for 50 or more cars, then at least 5% of the paved area shall be maintained in plantings.
(15)
Required open space in off-street parking facilities shall be maintained in pervious material.
(16)
The number of required parking spaces in off-street parking facilities shall not be reduced.
§ 370-64 Off-street loading regulations.
A.
General requirements.
(1)
Off-street parking shall be provided in accordance with Attachment 4, Zoning Schedule — Parking and Loading Standards.[1]
[1]
Editor's Note: Attachment 4 is included as an attachment to this chapter.
(2)
No building or structure shall be erected or altered in any district for the uses listed on Attachment 4 unless loading space for the accommodation of trucks is provided on the premises in accordance with the regulations contained herein.
(3)
In buildings which have more than one use, square footage per use shall be calculated to determine the number of loading spaces required.
(4)
For any calculated loading space less than one, the approving authority shall determine whether a loading space is required based on use and location.
B.
Location.
(1)
Loading berths shall be located within the main building or on the same lot.
(2)
With the exception of passenger loading, no loading shall be permitted between the building setback line and the street right-of-way line or within the street right-of-way.
(3)
Loading areas shall be separated from customer and visitor parking areas.
C.
Design and safety standards.
(1)
The minimum size of a loading space (berth) shall be 12 feet in width and 45 feet in length, and such space shall have a vertical clearance of at least 14 1/2 feet, except loading spaces for a funeral home may be reduced in size to 10 feet by 25 feet and vertical clearance reduced to eight feet.
(2)
All loading space shall be paved with a permanent all-weather surface.
(3)
Off-street loading facilities shall be drained to prevent damage to abutting property and/or public streets and alleys.
(4)
Off-street parking and loading areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee and not used for the sale, repair, dismantling, or servicing of any vehicle, equipment, materials, or supplies.
D.
Screening and buffering.
(1)
In all districts, all permitted or required open off-street loading berths which are located on lots adjacent to the boundary of a residence district shall be screened from all adjoining lots in residence districts, including lots situated across a street, by either:
(a)
A strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or
(b)
A wall or barrier or uniformly painted fence of fire-resistant material, at least six feet high but not more than eight feet above finished grade. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50% of the face is open.
§ 370-65 Signs.
A. AWNING SIGN BILLBOARD SIGN CANOPY SIGN
DIGITAL DISPLAY SIGN (DDS) FREESTANDING SIGN GROUND SIGN ILLUMINATED SIGN LIGHT TRESPASS LUMINANCE MARQUEE MONUMENT NONTRADITIONAL BILLBOARD POLITICAL SIGN PORTABLE SIGN PROJECTING (BLADE) SIGN PYLON (FREESTANDING) SIGN REPAIR ROOF SIGN SIGN SIGN AREA
SIGN FACING STREET CLOCK TEMPORARY SIGN WALL SIGNS WINDOW SIGN
Definitions. For the purpose of this chapter, the following definitions and sign classifications apply:
Any sign structure made of cloth or metal with a metal frame attached to a building and projecting over a thoroughfare where used in a nonresidential zone that may only specify the business name on its valance.
Any sign erected or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter supported by uprights placed in the ground and not attached to any part of a building.
A sign attached to the underside of a canopy; see figure below.
 |
A ground or pylon sign erected for the purpose of displaying information or an image using any form of electronic technology such as light-emitting diodes (LED). Typical DDS examples include electronic message centers (ECM), on-premises DDSs, and off-premises digital billboards.
Any nonmovable sign not affixed to a building or structure.
Any sign supported by uprights or braces placed upon the ground and not attached to any building.
Any sign which has characters, letters, figures, designs or outline illumination by electric lights or luminous tubes as a part of the sign.
That amount of the level of illumination (illuminance) which a light source on one property shines onto another property measured in footcandles (or lux).
A measure of the perceived brightness of a surface as measured in nits or candela per square meter (cd/m2).
Any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare, including attached signs. Marquee signs shall be permitted for the advertising of activities carried on, or within, the premises to which they are attached, provided that such premises shall be limited in use as theaters.
Any freestanding sign whose entire bottom is in contact with the ground.
The use of any individual, animal, or device, with or without text, characters, letters, figures, graphics, or designs intended to attract attention is considered a sign and is regulated by this chapter.
A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
Any sign easily moved from place to place (with or without a stand) having no permanent attachment to the ground, building or structure. Illuminated portable signs shall be prohibited.
Any sign attached to a building or other structure extending beyond the exterior wall of the building or structure, and whose sign face is perpendicular to the exterior wall.
Any sign which is supported by one or more supports and is not attached to any building or structure and whose lowest portion of the sign facing is 10 feet (or more) above ground level.
For the purposes of this chapter, the following activities are not considered sign repairs: the maintenance of signs (including replacement), without substantial change, of any parts or supports, or repainting signs without change of text, design or size of any sign, provided that the sign is not removed from the wall or the structure supporting it.
Any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal sign support on the roof structure. Roof signs are prohibited.
The collective term that describes a structure (or posted notice) on which information or graphics are displayed and affixed directly onto exterior walls, windows (inside or outside surface), or other surfaces of any structure. Signs may include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person (or business) when placed out-of-doors in view of the general public.
Shall be interpreted as the entire face of a sign, including the advertising surface and any framing, trim, or molding, but not including the support structure. In the case of freestanding letters, it shall be the area contained between the highest and the lowest points of any of the extremity points of the first and last letters.
 Sign Area = (A) x (B) |
Shall be interpreted as the message is displayed or illustrated.
Any timepiece erected upon a standard upon the sidewalk, or on the exterior of any building or structure, for the convenience of the public.
Any sign, banner, pennant, flag, valance or advertising display constructed of cloth, canvas, light fabric, inflatable, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only and shall be permitted only by special approval of the Mayor and Council.
All signs which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel with the plane of the wall. Signs painted on an exterior of a wall shall be deemed to be wall signs subject to this chapter. They shall advertise only the permitted use, products, or service on the premises on which they are displayed.
A permanent sign painted onto a windowpane inside a window solely for the purpose or effect of identifying a building or business from the sidewalk or street.
B.
Interpretations.
(1)
Any sign noticeable from any portion of a street, or from the side or rear lot lines, shall be subject to these regulations.
(2)
Unless exempted by § 370-65C(6), it shall be unlawful for any person to erect, repair, alter or relocate any sign or other advertising structure as defined in this chapter, without first discussing the need for a permit from the Zoning Officer and making payment of the fee required by Article XI, § 370-86.
(3)
Pursuant to Subsection B(2) above, the following activities are not considered sign repairs: the maintenance of signs (including replacement), without substantial change, of any parts or supports, or repainting signs without change of text, design or size of any sign, provided that the sign is not removed from the wall or the structure supporting it.
(4)
It is the direct responsibility of the person, business, entity, or agency whose name or service appears on any sign placed within the City limits to ensure compliance with the requirements of this chapter. The use of a third party to place signs shall not obviate this responsibility.
C.
Sign permits.
(1)
Application for a sign permit shall be made upon forms provided by the Zoning Officer, which (depending upon the sign type) may require supplemental information as determined by the Zoning Officer.
(2)
A permit application fee (§ 149-36) shall be paid by the applicant before the Zoning Officer begins the application review.
(3)
Permit review and approval.
(a)
Once the Zoning Officer determines the permit application to be complete, the application will be approved or denied within 10 business days.
(b)
If the work authorized under an approved sign permit has not been completed within one year after the permit issue date, the permit shall become null and void.
(4)
Sign inspection.
(a)
Within the City limits the Zoning Officer may inspect any sign for the purpose of ascertaining whether it is in compliance with this chapter of the Municipal Code.
(b)
Should the sign be in violation of this chapter, the property owner (or sign permit holder at the discretion of the Zoning Officer), shall pay an inspection fee as required by § 149-36 to meet the expense of the sign inspection.
(c)
No inspection fee shall be charged during the calendar year in which a sign is erected.
(5)
Unlawful signs.
(a)
If the Zoning Officer determines that any sign regulated herein is not in compliance with the requirements of this chapter, a notice of violation shall be issued to the property owner (or sign permit holder at the discretion of the Zoning Officer) pursuant to § 370-87.
(b)
Any sign deemed to present an immediate threat to public safety or property may be removed summarily and without notice.
(c)
If the property owner (or permit holder) fails to remove or alter the structure so as to comply with the standards herein set forth within 20 calendar days after such notice, that sign may be removed or altered to comply by the Zoning Officer at the expense of the permit holder or property owner.
(d)
Failure to pay the costs relative to § 370-65C(5)(c) within 30 days shall cause a lien to be added to the associated property tax bill for the unpaid amount.
(e)
The Zoning Officer shall refuse to issue a permit to anyone who refuses to pay costs so assessed.
(6)
Exemption from permits and fees. The permit and fee provisions of this chapter shall not apply to the following signs; provided, however, that said signs shall be subject to the provisions of § 370-65F:
(a)
Real estate signs not exceeding 12 square feet in area which advertise the sale, rental or lease of the premises upon which said signs are located only.
(b)
Professional nameplates not exceeding six inches in height or 18 inches in length for lawful occupants of the premises under this chapter.
(c)
Bulletin boards or signs not over 16 square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions.
(d)
Signs denoting the architect, engineer or contractor, or prospective structure use when placed upon a work site, provided they are:
[1]
Not greater than 32 square feet in area; and
[2]
Set back at least 15 feet from the curb; and
[3]
Removed either within 24 hours after the final certificate of occupancy is issued, or within five calendar days after the architect, engineer or contractor is no longer working at the property, whichever is the shorter period.
(e)
Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house, and not exceeding two square feet in area.
(f)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(g)
Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs.
(h)
Flags of the United States, State of New Jersey or other governmental or quasi-public agencies.
(i)
Holiday decorations and lights.
(j)
Signs of any governmental agency deemed necessary to the public welfare.
(k)
Events sponsored solely by the City of Bridgeton.
(l)
Events sponsored, or cosponsored, by a local nonprofit organization held for the benefit of the Bridgeton residents at large which is open to the public free of charge.
D.
Removal of certain signs.
(1)
Upon termination of any occupancy of any premises, it shall be the duty of the property owner to require that any signs used in connection with that occupancy be removed from the premises within five days after termination of said occupancy.
(2)
Any sign which no longer advertises an operational business, or a product being sold, shall either be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found; or, cause to have the advertising (message) displayed to be covered such that it is no longer visible within 20 calendar days after written notification from the Zoning Officer.
(3)
Failure to comply with such notice within the time specified by the notification shall authorize the Zoning Officer to cause the removal of such sign. Any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.
E.
General restrictions.
(1)
No utility pole or tree located in any public right-of-way or public easement shall be used for the posting of signs, except for those required by the City for the enforcement of traffic ordinances.
(2)
No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop," "look," "drive-in," "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. This shall not prohibit signs in private parking lots as directed by the approving authority.
(3)
No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
(4)
No nonresidential sign, permanent or temporary, located on the inside of a window shall occupy more than 25% of the aggregate area of said window. Such signs, if temporary, shall not remain more than 30 days.
(5)
Any sign, object or device of which all or any part is in motion by any means is prohibited. Fluttering, rotating or other moving devices set in motion by movement of the atmosphere are also prohibited. This provision is intended to include spinners, banners, nongovernmental flags or similar devices, etc., except for flags required by law.
(6)
No sign shall be erected, relocated, or maintained in such a manner as to cover or intrude upon any architectural features of a building such as windows, columns, moldings, or any major decoration or similar feature.
F.
Number of signs. Each nonresidential use may have the following number and types of on-site signs:
First Floor | Second (and higher) Floors | ||||
|---|---|---|---|---|---|
Zone | Type | Number | Type | Number | |
C-1, C-2 | Awning; window; projecting; wall | 2 signs, but no more than 1 of any type | Window | 1 sign Multiple signs on the same floor shall be uniform in size and appearance. | |
C-3, C-4, C-5, I | Wall | 1 per street | N/A | None | |
Freestanding | 1 | N/A | None | ||
Window | 1 | N/A | None | ||
G.
Content of signs. In order to preserve the residential character of the community and to facilitate the improvement of its commercial and industrial nature in a safe and orderly manner, no commercial outdoor advertising signs, billboards or other signs which are not expressly and directly related to the business being conducted on the premises and which do not conform to the applicable requirements and standards set forth in other sections of this chapter shall be permitted.
[Amended 9-17-2013 by Ord. No. 13-06]
H.
Illumination of signs.
(1)
Where illumination of signs is permitted, the use of a shielded or indirect nonflashing light (preferably white), or an interior sign light with a translucent face shall be required to reduce undue glare, or offensive or annoying light to surrounding residents.
(3)
Illuminated tubing or light strings outlining roofs, doors, or wall edges of a building are not permitted.
(4)
All lighting associated with signs shall be extinguished by 11:00 p.m., or at the close of the corresponding business, whichever occurs last. The Zoning Officer may authorize extended lighting hours to assist in property protection with the recommendation of the Chief of Police.
(5)
Gooseneck reflectors and lights shall be permitted on ground signs and wall signs; provided the reflectors have lenses that concentrate the illumination on the sign area so as to prevent glare upon the street or surrounding properties.
(6)
Floodlights at ground level or located within 12 feet of ground level shall be located and shielded so as to prevent any glare or blinding effect upon any lane of moving traffic.
(7)
No illuminated sign shall interfere with radio, television, Wi-Fi reception, electrical appliances, or road or highway visibility.
(8)
Marquee signs may be illuminated along the front or side by interior or indirect illumination, whose source shall not extend beyond the surface of the side on which the illumination is installed.
(9)
The illumination of portable signs by any means is prohibited.
I.
[1]
Editor's Note: Attachment 5 is included as an attachment to this chapter.
J.
Sign identification. Every sign (or other advertising structure) shall have the associated sign permit number painted in a conspicuous place thereon, in letters not less than one inch in height.
K.
Nonconforming signs.
(1)
Every sign or other advertising structure lawfully in existence on the adoption of this chapter shall not be repaired, altered or moved unless it is made to comply with the provisions of this chapter.
(2)
The Zoning Officer shall have the authority to compel the removal or correction of such sign deficiency within 20 calendar days after notification of such violation.
L.
Digital display signs.
(1)
The displayed message cannot change more than once per minute.
(2)
Messages cannot change with the use of scrolling, flashing, fading or other similar effects.
(3)
The digital sign must have automatic dimming software or solar sensors that reduce luminance during nighttime hours to the level specified in Subsection L(4)(a).
(6)
The message must be one color and can only be amber, green, blue or white.
(7)
The message area of the electronic display cannot be more than 50% of the total area of the sign.
(8)
Animation effects such as flashing, moving, blinking, or chasing are prohibited on all signs.
(9)
The requirements of § 365-65L(3) and (4) shall be verified biennially, and a report (on company letterhead, signed by the person qualified to use the instrumentation) specifying the actual measurement values shall be delivered to the Zoning Officer.
(10)
To control light pollution, off-premises DDSs shall be extinguished automatically no later than 11:00 p.m. each evening until dawn. Signs for establishments that operate or remain open past 11:00 p.m. may remain on no later than 1/2 hour past the close of the establishment.
M.
Political (election) signs.
(1)
Temporary election signs may be erected on private property subject only to the size and location of such signs not being within the public right-of-way and such signage not interfering with the passage of pedestrians or motor vehicles, nor shall such signage be located on private property such as to create a hazard to pedestrian or vehicular traffic.
(2)
No permission, permit, or payment of a fee shall be required to erect signs which convey political speech. Such signs may include, but are not limited to, election signs, signs which express a political message or belief, or signs of similar content.
(3)
Election signs shall be removed by the political candidate, political supporter or property owner, as the case may be, following any election not later than five days thereafter.
(4)
In the event that a person or entity is desirous of continuing to leave an election sign in place longer than five days following an election, then such person or entity shall be required to file an application with the Clerk of the City of Bridgeton or a statement with the Clerk of the City of Bridgeton stating that such person or entity is both aware of the existence of a political sign on its or their property and wishes to continue to have such sign or signs remain on the premises.