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Pompton Lakes City Zoning Code

ARTICLE XII

Design Standards for Business Improvement District

§ 190-75 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ARCHITECTURAL FEATURE/ELEMENT
Those portions of a building or structure that account for its unique style and character, including roofline, entrances, fenestration and decorative details, such as cornices, brackets, balustrades, friezes, moldings, pilasters, sills, lintels, etc.
ARCHITECTURAL INTEGRITY
An appearance which retains the architectural features/elements of a building and conforms to the requirements for visual compatibility, massing, proportion and scale, proportion of facades, character of facades and proportion of openings.
BUILDING MASS
The three-dimensional bulk of a structure, height width and depth.
BUILDING PROPORTION
The width to height relationship of one building part to another building part or of one building to another.
BUILDING SCALE
The relationship of a particular building, in terms of building mass, to other area buildings.
FACADE
Any exterior building face or wall.
PARTNERSHIP
The Borough of Pompton Lakes Community Partnership Business Improvement District, Inc.
PERMANENT WINDOW GRAPHIC
Any sign made of a material other than paper or cardboard that is visible from the window area or that is applied or adhered directly to the window glazing or etched into that glazing.
PLANNING BOARD
The Borough of Pompton Lakes Planning Board.
PRINCIPAL FACADE
The facade(s) of a building that front on major streets or which are intended to contain the primary entrance to a building.
PUBLIC NUISANCE
In addition to the items set forth in the Pompton Lakes Borough Code, public nuisance shall include any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant, partially or completely; deliberately not rented or unused or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
SIGN FASCIA
The natural frame created by a building's architectural elements to accommodate a sign without obscuring any doors, windows, transoms, entrances or decorative detail.
STREET FURNITURE
Functional elements of the streetscape, including, but not limited to, curbs; benches; phone booths and other phone installations; lighting fixtures; trash receptacles and benches.
STREETSCAPE
The individual natural and man-made elements that constitute the physical make-up of a street and that, as a group, define its character.
TEMPORARY WINDOW GRAPHIC
Any sign visible from the window display area or adhered to window or door glazing other than permanent window graphics, including community flyers; signs advertising a sale or promotion; or any other nonprofessionally manufactured sign. All paper and cardboard signs are considered to be temporary window graphics. No temporary graphics may be adhered to the exterior of a building.
VISUAL COMPATIBILITY
The design of buildings which is sufficiently consistent in scale or character and/or site with other buildings or man-made or natural elements in the area, so as to avoid abrupt and/or severe differences. The repair, alteration or renovation of a building in a manner in which such work is consistent with the existing architectural features of a building, its scale, mass, proportions, materials and colors.
WORK
Any physical change made to the exterior of a property or structure to increase its value and utility, or to enhance its appearance, including, but not limited to, the following: site work; new construction; additions; alterations; exterior restorations; lighting; new or replacement signage; painting; street furniture and landscaping.

§ 190-76 Design standards.

A. 
Style. There are no specific style requirements for buildings in the district. All work performed within the district must not compromise the architectural integrity of the building upon which the work is being performed.
B. 
Materials. New construction or additions shall employ materials, including, but not limited to, wood siding; brick; stucco; stone; painted and nonreflective metals; glass; aluminum; wrought iron; matte-finish ceramic; slate and terra cotta.
C. 
Colors.
(1) 
Colors shall be visually compatible with that of the materials of the building and adjacent buildings.
(2) 
All day-glow colors are prohibited within the district.
(3) 
Suggested guidelines for paint colors placement:
(a) 
Store windows: match trim color.
(b) 
Shutters: door color or other dark color which complements wall color.
(c) 
Iron work: black or other dark color.
(d) 
Cornices: if wood or metal, match trim color.
(e) 
Dormer windows: match window color.
(f) 
Gutters/downspouts: bronze, green or other dark colors or match trim color.
(g) 
Sign panels: field color should be compatible with the color of the surface to which the sign is attached.
(h) 
Utility equipment: Equipment, such as permanent (non-window) air-conditioning units, including rooftop air-conditioning units visible from the street, fire escapes and other equipment shall be screened or painted so as to be unobtrusive (i.e., they should match the wall color of the building or be painted dark or gray).
D. 
Buildings.
(1) 
New construction and additions. New construction shall meet the design requirements set forth in this article as well as all applicable federal, state or local laws, regulations, codes and standards.
(2) 
Repairs of existing buildings. Repairs of existing buildings shall meet the design requirements set forth in this article as well as all applicable codes and standards (local or otherwise). This includes, but is not limited to, painting, replacement of existing finishes, windows, doors, awnings, outdoor furniture, masonry repair, new facades, signage, etc.
(3) 
Massing. The building and its parts shall appear to be balanced, and the mass of a facade shall not interrupt the continuity of the appearance of the street. Buildings in the district should be broken down into segments having vertical orientation (bays).
(4) 
Proportion and scale. Buildings shall be in proportion to and of a similar scale to existing buildings in the district.
(5) 
Setbacks. All setbacks and bulk requirements shall be governed by the Borough Land Development Code and zoning ordinances.
(a) 
Roofs. Roofs must be less dominant than walls in the building's total design.
(b) 
Proportion of facades. The relationship of the width to the height of the front elevation and its elements shall be visually compatible with that of adjacent buildings.
(c) 
Character of facades. Buildings with expansive blank exterior walls not punctuated by window and door openings, horizontal decorative elements or vertical bays are not allowed in the district.
(6) 
Roofs. Roofs must be less dominant than walls in the building's total design.
(7) 
Proportion of facades. The relationship of the width to the height of the front elevation and its elements shall be visually compatible with that of adjacent buildings.
(8) 
Character of facades. Buildings with expansive blank exterior walls not punctuated by window and door openings, horizontal decorative elements or vertical bays are not allowed in the district.
(9) 
Windows and doors.
(a) 
New buildings or additions must maintain a distinction between upper- and lower-floor windows; the first floor shall be primarily transparent whereas the upper-floor windows' openings shall be smaller.
(b) 
Display windows and window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
(10) 
Electrical wiring. All electrical wiring shall be concealed rather than visible in exposed conduit wherever feasible. When wiring conduit cannot be concealed, a) conduit is to be painted to blend in with adjacent building elements; b) conduit is to be run in such a way as to minimize its visibility and impact on the facade.
E. 
Vacancy. Signage and window display areas on vacant storefronts must be maintained in the same good condition required of occupied properties. Property owners with storefronts vacant for more than 60 days must install a decorative window display approved by the Partnership.
F. 
Signage and graphics.
(1) 
Window graphics.
(a) 
Temporary. Temporary window graphics must be removed within two days after the close of the sale or special event that they advertise and in no event may be displayed for more than 30 days. Accordingly, all temporary window graphics must have a removal date indicated on their backside. Temporary window graphics may not occupy more than 15% of the total window area in which displayed.
(b) 
Permanent. Permanent window graphics/signage may not occupy more than 30% of the total area of the window in which displayed, including the windows of glazed doors. Door graphics/signage shall be limited to information related to store hours, addresses and credit card information which is accepted for payment.
[Amended 2-14-2018 by Ord. No. 2018-06]
(2) 
Wall graphics.
(a) 
Wall graphics cannot be more than 1.5 feet high and cannot occupy more than 75% of the linear footage of the sign fascia.
(b) 
Wall graphics are permitted within the sign fascia only.
(c) 
Each establishment shall display a permanent wall graphic, window graphic or awning bearing the name of such establishment. Permanent window graphics may be substituted for such wall graphics where no sign fascia exists.
(d) 
Permanent signs are permitted on solid doors as long as they do not exceed 25% of the total area of the door.
(3) 
Projecting signs. Projecting signs are permitted below the second story, provided that:
(a) 
Projecting signs must be securely attached to the building by an ornamental bracket.
(b) 
No projecting sign may have more than two faces.
(c) 
No projecting sign, including brackets, may project more than 30 inches from the building to which it is attached.
(d) 
A projecting sign shall not be larger than five square feet in area. Ornamental brackets are not included in this calculation.
(e) 
Not more than one projecting sign is permitted for each entrance door.
(f) 
The bottom of any projecting sign must be at least 7.5 feet above the ground level; its top may not extend higher than whichever of the following is the lowest: 25 feet above grade; the bottom of sills of the first level of windows above the ground floor; or the top of an existing sign fascia band or panel.
(g) 
Projecting signs may not be directly illuminated by neon or other light sources or illuminated from their interior.
(h) 
Projecting signs may not be less than one inch nor more than three inches in thickness.
(4) 
Areas of special control. The following graphics are also prohibited:
(a) 
Flashing, "chasing," intermittent or changing color lights including LEDs, fiber-optic signs, strobe lights, highway flashers or other attention-getting optical displays for graphics.
(b) 
Temporary pennants and flags, and permanent pennants, banners, streamers, advertising flags, inflatable objects, twirlers and like objects. Temporary banners are allowed but must be removed within two days after the close of the sale or special event that they advertise.
(c) 
Freestanding menu boards, advertising signs and/or displays are prohibited except for portable A-frame-type chalk boards in wood frames. A-frame signs are not to exceed 36 inches in height and 24 inches in width. Information conveyed may only be written in chalk and must change frequently. Marker boards and magnetic lettering are not acceptable.
G. 
Auxiliary elements.
(1) 
Awnings.
(a) 
Awnings are permitted within the district. If used in combination with a permanent wall graphic, lettering on awnings may be no more than 4.5 inches in height and must be contained on the awning valance. Lettering on valances must be contained on one line.
(b) 
Awnings used without permanent wall graphics may have lettering or graphics applied to their sloped portions and/or valances. Graphic areas on the sloped portion of the awning are not to exceed 25% of the area of the sloped portion of the awning. Lettering on valances must conform to the standard set forth in the previous subsection.
(c) 
Materials. All awnings must be made of fabric. Vinyl and metal awnings are not permitted.
(d) 
Colors. Colors shall conform to the general building color guidelines.
(2) 
Mural signs. Painted directly on structures, accessory buildings, bridges, retaining walls, etc. are prohibited from the principal facade(s) of a building, i.e., the facade(s) fronting on the street.
(3) 
Menu boxes. Must be attached to the building and must adhere to the placement and sign restrictions for wall graphics. Any illumination must be indirect and concealed from view at the sides of the box.
(4) 
Second-floor occupancy signs. Neon or other illuminated signs are not permitted in second-floor windows. Permanent wall graphics are not permitted for second-story businesses. First-floor directories listing second-story businesses are permitted, provided that they contain no more than one sign per tenant; that lettering and signage for all tenants is uniform; that they are affixed in a designated area adjacent to the building entry; that the total signage panel does not exceed four square feet. Second-floor businesses are permitted only to display lettering and/or graphics in a related second-floor window, subject to the size and area restrictions outlined above for permanent window graphics.
(5) 
Neon.
(a) 
Neon signage displayed in the window area is considered a permanent window graphic. One neon window graphic is permitted on each frontage. Due to its special character, neon graphics may not occupy more that 10% of the total area of the window in which it is displayed. Neon signs are not permitted in second-story windows.
(b) 
An establishment is permitted to have a neon window graphic or a neon wall graphic, but not both.
(c) 
Neon lighting is not permitted to outline windows or architectural features such as doors, cornices, friezes, etc.
(6) 
Lighting.
(a) 
Lighting for a building must be contained on the property on which the building is located.
(b) 
Storefront window displays must be illuminated from dusk until 12:00 midnight.
H. 
Miscellaneous elements.
(1) 
Planters, benches and/or private waste containers or other street furniture. These items are subject to the approval of the Design Review Board and should be consistent with the street furniture selected by the Borough of Pompton Lakes.
(2) 
Vending machines. The location at which all newspaper vending machines, express mailboxes, and/or other such dispensers must be located in areas designated for these items by the Borough. Advertising, soda or other merchandising vending machines are not permitted in the district.
(3) 
Security gates and devices. Exterior mounted security devices such as roll-up doors and accordion-type scissors gates are not permitted. Interior mounted security devices, if visible from the street, must be approved by the Design Review Board. Permanent window bars or grillwork are permitted on side and rear facades only.
(4) 
Graffiti. In addition to any other applicable provisions of the Code of the Borough of Pompton Lakes, within the Pompton Lakes Business Improvement District all graffiti is prohibited regardless of the consent of the property owner. Graffiti shall be removed by the property owner within 48 hours of its appearance. Graffiti on unpainted surfaces must be removed by cleaning and not by painting.
(5) 
Incongruous features. Air conditioners, vents, chimneys, etc., are not permitted on the principal facade(s) of a building.
(6) 
Fire escapes. New fire escapes are not permitted on the principal facades.

§ 190-77 Design review.

[Amended 6-28-17 by Ord. No. 2017-13]
A. 
Within the Business Improvement District, all work, including but not limited to, painting, repairs, renovation, alteration and new construction shall be submitted to the Zoning Officer and Building Department for both zoning approval and building permits in accordance with this provision and all other applicable provisions of Chapter 190 and N.J.S.A. 40:55D-1 et seq.
B. 
Appropriate Borough officials shall determine whether approval shall be provided for zoning and building. The decision of the zoning and building officials shall be final on all design elements, subject to appeal as established in Chapter 190 and N.J.S.A. 40:55D-1 et seq.

§ 190-78 (Reserved)

[Repealed 6-28-17 by Ord. No. 2017-13]

§ 190-79 Other land use provisions.

Unless otherwise set forth in this article, the provisions of the other sections of Chapter 190 shall govern in the event of conflicts.

§ 190-80 Article XII, Appendix A: Design Review Application. [1]

[1]
Editor's Note: Appendix A: Design Review Application is included as an attachment to this chapter.

§ 190-81 Article XII, Appendix B: Review Process Overview. [1]

[1]
Editor's Note: Appendix B: Review Process Overview is included as an attachment to this chapter.

§ 190-82 Article XII, Appendix C: Introduction to Design Standards for Pompton Lakes Community Partnership Business Improvement District. [1]

[1]
Editor's Note: Appendix C: Introduction to Design Standards for Pompton Lakes Community Partnership Business Improvement District is included as an attachment to this chapter.