Buena City Zoning Code
ARTICLE XIII
Fences and Signs
§ 150-104 Fences.
A.
Purpose. The purpose of this section is to provide standards for regulating the use of fences.
B.
General provisions.
(1)
All fences shall be erected within the owner's property lines.
(2)
No fence shall encroach on a public right-of-way or easement.
(3)
No fence shall obstruct visibility or create a potential hazard.
(4)
All fences shall be owner-maintained in a safe, sound and upright condition on secure foundations.
(5)
Reconstruction, relocations or alterations of existing fences shall conform to the standards of this section.
C.
Fences in residential zones. Fences in residential zones shall conform to the following standards:
(1)
Height standard: six feet maximum from the building line back; three feet maximum from the property line to the building line.
(2)
Open standard: fences located in front yards which exceed 30 inches in height shall be upon on the vertical faces on that portion above 30 inches.
(3)
Tennis courts: 10 feet minimum height, open-wire type.
(4)
Swimming pools: four feet minimum height for in-ground pools.
D.
Fences in business and industrial zones. Fences in business and industrial zones shall conform to the following standards:
(1)
Height standard: eight feet maximum, including barbed wire placed no closer than 20 feet to the front property, said twenty-foot setback being the boundary of the required front yard buffer.
E.
Fences for public areas. A fence having a maximum height of 10 feet may enclose public playgrounds, public parks or school properties.
F.
Exceptions. These regulations shall not be applied to restrict the erection of a wall for the purpose of retaining earth, nor shall they be applied to public utility installations.
G.
Enforcement.
(1)
If the Zoning Officer upon report and inspection finds that any fence or portion thereof is not maintained as specified herein, the Officer shall notify the owner in writing, state his findings, the reasons for said findings and order such fence or portion repaired or removed within 30 days of the notice.
H.
Permit required.
[Added 11-9-2020 by Ord. No. 690]
(1)
Before the erection of any fence, an application for zoning approval must be submitted to the Zoning Officer and the required fee of $30 must be paid.
(2)
Such application must include a reasonably accurate representation of the property showing the current conditions, including but not limited to the following: all existing building footprints and dimension, any existing fence, property layout, including dimensions, other improvements and the proposed location of any proposed fences, including dimensions of placement on property and distance(s) to property line(s).
(3)
Such application musty include the owner's name, address of the property, block and lot of the property, the description, and specifications of the fence, including the size, height, dimensions, material and size of openings.
§ 150-105 Signs.
A.
Purpose.
(1)
The purpose of this section is to regulate the use of exterior signs so as to protect health, safety and morals and to promote the public welfare. These regulations are intended to address the following conditions and shall be applied to stem or reverse the indicated adverse trends:
(a)
In order to maintain the same level of attention, signs have become more aggressive, more numerous and more expensive. In some areas, signs are threatening to go out of control and in so doing may defeat the very purpose for which they were created.
(b)
Lack of control causes conflict between advertising signs and traffic control signs, thus destroying the effectiveness of both. The tremendous increase in motor vehicle traffic aggravates this danger.
(c)
Suspended signs or signs placed on top of other structures or signs placed close to walkways can also be dangerous to the public, especially during high winds.
(d)
The uncontrolled use of signs, their shapes, motions, colors and illumination and their insistent and distracting demand for attention can be injurious to the mental and physical well-being of the public.
(e)
The uncontrolled use of signs can be destructive to adjacent property values and to natural beauty.
(2)
Therefore, in order to reduce destructive competition between signs, ensure public safety, preserve property values, protect the natural environment and improve the quality of life in the public interest, it is necessary to regulate and control the use of exterior signs as provided by this section in such manner as will support these objectives and complement the land use standards of this chapter.
(3)
The Table of Sign Standards under Article XVI (Zoning Districts; Standards), § 150-122, Zoning schedules,[1] are standards which represent findings of actual experience based on sign variance applications of the past decade; hence, they have been proven to be reasonable and workable.
[1]
Editor's Note: The Table of Sign Standards is included at the end of this chapter.
B.
Applicability. A sign erected prior to the adoption of this chapter shall not be rebuilt or relocated; nor shall a nonconforming sign be enlarged or changed in nature, purpose or type unless it shall conform to the schedules of Article XVI (Zoning Districts; Standards), § 150-122, Zoning schedules, and to the provisions of this section.
C.
Permitted signs. See schedules under Article XVI (Zoning Districts; Standards), § 150-122, Zoning schedules.[2]
[2]
Editor's Note: The Table of Sign Standards is included at the end of this chapter.
D.
Prohibited signs. The following signs shall not be permitted anywhere in Buena Borough:
(1)
Signs which project into or over a public walkway or a public right-of-way.
(2)
Signs which simulate in color, form, character, shade or lighting or which could otherwise be mistaken for functional, directional or warning signals maintained by government agencies, railroads or public utilities.
(3)
Signs which are placed in a position or location that can endanger street traffic or traffic entering a street, and signs which obscure proper sight distances.
(5)
Signs or posters attached to or painted on fences, curbs, poles, walks, lamps, hydrants, benches, refuse containers, weather shelters and bridges, or unauthorized signs placed on government property.
(6)
Signs which have as the dominant theme or purpose an appeal to prurient interests.
(7)
Flashing signs.
(8)
Signs which violate the National Electrical Safety Code for power line clearance.
(9)
Billboards, except that existing lawful billboards in existence as of January 14, 1981, shall be permitted in the P-R3, P-R4, P-B2 and P-I Zones.
[Amended 6-2-1997 by Ord. No. 444]
E.
Signs, or sign functions, requiring no permit shall be as follows:
F.
Applications for sign permits. No sign shall be erected, reconstructed or relocated prior to the issuance of the required permits. Applications for permits shall be made to the Zoning Officer and shall contain the following information:
(1)
The applicant's name, address and telephone number.
(2)
The name, address and telephone number of the sign company which will erect the sign.
(3)
The block and lot numbers of the property on which the sign will be erected, as carried by the Tax Assessor.
(4)
A plot plan giving the dimensions of the lot and showing the exact location of the sign. The location shall be referenced by distances to the front and side property lines. The location of all buildings and their size shall be given, referenced by dimensions.
(5)
The elevation view of any building on which a wall sign is to be attached or painted, showing the dimensions of the total and the dimensions of the sign or of the area to be covered; also, the location and size of all existing and proposed freestanding signs, referenced by dimensions.
(6)
A detailed drawing of the proposed signs with dimensions, showing construction details; also, the dimensions of the smallest rectangle which will enclose the extreme points and edges of the sign.
G.
Construction and installation. The construction and installation of signs shall conform to the provisions of the New Jersey Uniform Construction Code.
H.
Compliance with sign standards. Signs shall comply with the schedules established under Article XVI, § 150-122, Zoning schedules, Table of Sign Standards.[4]
[4]
Editor's Note: The Table of Sign Standards is included at the end of this chapter.
I.
Regulations pertaining to temporary signs.
(1)
The advertisement carried on temporary signs shall pertain to, and be limited to, the business conducted on the premises.
(2)
Temporary signs shall be placed no closer than 15 feet to the street property line, said distance comprising 1/2 of the right-of-way plus 15 feet from the center line of the street.
(3)
Temporary signs shall be limited to 60 days per year, per site.
J.
Regulations pertaining to political signs. Signs advertising political parties or candidates for public office may be erected and maintained for a period not to exceed 60 days, provided that:
K.
Removal of obsolete signs. Any sign now or hereafter existing which no longer advertises a bona fide business being conducted on the premises shall be removed from said premises by the record owner or beneficial user of the premises within 30 days from the receipt of a written order to do so from the Borough Building Inspector. In default of said removal, the Building Inspector is authorized to effectuate the removal of said sign and to charge all costs incident to the same to either the record owner or the beneficial user of the premises, or to both, provided that there shall be no duplication of the payment of said costs.
L.
Notice to repair or remove certain signs. If at any time the Building Inspector shall determine that any sign in the borough constitutes a menace to the health, safety or general welfare of the community, he shall notify the record owner and the beneficial user of the premises on which said sign is located by serving a written notice upon him, together with a written notice of demand that the condition be remedied within 30 days from the receipt of said notice and demand. If the condition is not so remedied, the Building Inspector shall undertake the necessary steps to rectify the same, charging all costs incident to said efforts to either the record owner or the beneficial user of the premises, or both, provided that there shall be no duplication of the payment of said costs.
M.
Permits. Sign permits shall be required for all signs greater than two square feet in area.