Teterboro City Zoning Code
ARTICLE VII
General Provisions for All Districts
§ 185-17 Performance standards.
A.
Noise.
(1)
Standard.
(a)
Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1.4-1961) American Standards Specifications for General-Purpose Sound Level Meters. The instrument shall be set to the A-weighted response scale and the meter to the slow response. Measurements shall be conducted in accordance with ANSI S1.2-1962 American Standard Method for the Physical Measurements of Sound. Impact noise shall be measured with an impact noise analysis meeting the standards of ANSI or IEC (International Electronics Commission).
(b)
Noises shall not exceed the maximum sound levels specified in Table I, except as designated below. Where more than one specified sound level applies, the most restrictive shall govern. Measurements may be made at points of maximum noise intensity.
Table I | ||
|---|---|---|
Noise Level Restrictions | ||
Performance Standard Category | Maximum Permitted Sound Level (dBA) | Where Measured |
A | 55 | On or beyond the boundaries of neighboring uses or adjacent lot lines, whichever is more restrictive. |
B | 60 | On or beyond the boundaries of neighboring uses or adjacent lot lines, whichever is more restrictive |
C | 66 | On or beyond the district boundaries |
(c)
In any residential zone, the A-weighted sound level shall not exceed 55 dBA during the hours of 7:00 a.m. to 9:00 p.m. and shall not exceed 45 dBA during the hours 9:00 p.m. to 7:00 a.m.
(d)
The levels specified in Table I may be exceeded by 10 dBA for a single period, no longer than 15 minutes, in any one day.
(e)
For impact noise levels, the values in Table I, increased by 20 dB, shall apply. For purposes of these regulations, impact noises shall be considered to be those noises whose peak values are more than 6 dB higher than the values indicated on the sound level meter.
(f)
Noises not under the direct control of a use (such as independent transportation facilities) are excluded from the above limitations.
B.
Vibration.
(1)
Standard.
(a)
Ground-transmitted vibration shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency, particle velocity or acceleration simultaneously in three mutually perpendicular directions.
(b)
Table II designates the maximum permitted particle velocities. Where more than one set of vibration levels apply, the most restrictive shall govern. Measurements may be made at points of maximum vibration intensity.
Table II | ||
|---|---|---|
Vibration Level Restrictions | ||
Performance Standard Category | Maximum Peak Particle Velocity (inches per second) | Where measured |
A | 0.02 | On or beyond the boundaries of neighboring uses or adjacent lot lines, whichever is more restrictive |
B | 0.05 | On or beyond the boundaries of neighboring uses or adjacent lot lines, whichever is more restrictive |
C | 0.10 | On or beyond the district boundaries |
(c)
In any residential zone, the peak particle velocity shall not exceed 0.02 inches per second during the hours 7:00 a.m. to 9:00 p.m. and shall not exceed 0.01 inches per second during the hours 9:00 p.m. to 7:00 a.m.
(d)
The maximum particle velocity shall be the maximum vector sum of three mutually perpendicular components recorded simultaneously. Particle velocity may also be expressed as 6.28 times the displacement in inches multiplied by frequency in cycles per second.
(e)
For purpose of these regulations, steady state vibrations are vibrations which are continuous or vibration in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations. Impact vibrations are limited to values no more than twice as high as those specified in Table II.
C.
Airborne emissions. In all districts, any activity, operation or device which causes, or tends to cause, air pollution shall comply with both the New Jersey State Air Pollution Control Laws and Codes and the following:
(1)
Steam. The emission of visible steam (having an equivalent opacity of 0% or higher) from all stacks, chimneys, processes and devices shall not exceed the limitations set forth in Table III.
Table III | |
|---|---|
Restrictions on Steam | |
Performance Standard Category | Steam Emissions Permitted |
A | No visible steam (except as the direct result of a combustion process) permitted |
B | No visible steam (except as the direct result of a combustion process) within 500 feet of a residential zone, specially planned area or residential planned unit development |
C | No visible steam (except as the direct result of a combustion process) within 500 feet of a residential zone, specially planned area or residential planned unit development |
(2)
Particulate matter.
(a)
Source emissions. The emission of particulate matter from all stacks, vents, chimneys, flues and openings of all sources of air pollution on a lot shall not exceed the limitation set forth in Table IV or the New Jersey State Standards, whichever is more restrictive.
Table IV | |
|---|---|
Restrictions on Particulate Source Emissions | |
Performance Standard Category | Total Particulate Matter Emission Limit (pounds per hour per acre of lot) |
A | 0.5 |
B | 1.0 |
C | 5.0 |
(3)
Toxic matter. If any toxic matter is emitted which is listed by the American Conference of Governmental Hygienists or any other lists published by the State of New Jersey or United States Government, the applicant shall satisfy the Office of the Chief Engineer that the quantity and type of emission of this matter will be safe to the general population.
(4)
Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.
(5) EQUIVALENT OPACITY ODOROUS MATTER PARTICULATE MATTER RINGELMANN CHART RINGELMANN NUMBER STEAM TOXIC MATTER
Definitions. As used in this section, the following terms shall have the meanings indicated:
The optical density of a smoke plume corresponding to the shade of the Ringelmann Chart.
Material suspended in the atmosphere that produces an olfactory response in a normal human.
Airborne material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions.
The chart published and described in the United States Bureau of Mines Information Circular 7718 and upon which are illustrated graduated shades of gray for use in estimating the light-obscuring power of smoke.
The shade identified on the Ringelmann Chart which varies from zero (clear) to five (opaque).
Condensed water vapor droplets observable as a plume having an equivalent opacity of 60% or higher.
Material which is capable of causing injury to living organisms by chemical means when present in relatively small amounts.
D.
Fire and explosion hazards. In all districts, any activity involving the manufacture, utilization or storage of flammable and/or combustible materials shall be conducted in accordance with the regulations promulgated by the National Fire Code of the National Fire Protection Association.
Table V | |
|---|---|
Total Capacity of Flammable Materials Permitted under Category A Standards | |
Liquid Flash Point (closed cup tester) | Below Ground |
140° F. or higher | 100,000 gallons |
Above 73° F. but below 140° F. | 100,000 gallons |
73° F. and below | 100,000 gallons |
Flammable gases | 3,000,000 standard cubic feet |
Table VI | |
|---|---|
Total Capacity of Flammable Materials Permitted Under Category B Standards | |
Liquid Flash Point (closed cup tester) | Below Ground |
140° F. or higher | 100,000 gallons |
Above 73° F. but below 140° F. | 100,000 gallons |
73° F. and Below | 100,000 gallons |
Flammable gases | 3,000,000 standard cubic feet |
Table VII | |
|---|---|
Total Capacity of Flammable Materials Permitted Under Category C Standards | |
Liquid Flash Point (closed cup tester) | Below Ground |
140° F. or higher | No capacity limit |
Above 73° F. but below 140° F. | 10,000,000 gallons |
73° F. and below | 10,000,000 gallons |
Flammable gases | 100,000,000 standard cubic feet |
NOTE: The limitations of Table VII apply only for locations which are 300 feet or more from a district boundary. If any part of the facility, including storage dike, is closer than 300 feet from another zone, the more restrictive of the limitations for the two districts shall apply. |
E.
Glare.
(1)
Standards.
(a)
All operations, activities and uses shall be conducted so as to comply with the performance standards governing glare prescribed below. Glare shall be measured in accordance with the standards and procedures set forth in the IES Lighting Handbook.
(b)
Illumination levels shall be measured with a photoelectric photometer having a special response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.
Table VIII | |
|---|---|
Maximum Intensity of Light Sources | |
Source | Maximum Intensity |
Bare incandescent bulbs | 40 watts |
Illuminated buildings | 30 footcandles |
Back-lighted or luminous background signs | 250 foot lamberts |
Outdoor illuminated signs and poster panels | 50 footcandles |
Any other unshielded sources, intrinsic brightness | 50 candles per square centimeter |
§ 185-18 Design of structures; provision and design of other improvements, including parking and loading facilities and signs.
A.
General standards of design of structures.
(1)
The design of buildings, including roofs, shall maximize aesthetic values. The most farsighted and imaginative architecture concepts for building design should be used. The following principles of design should be considered in judging whether any building is in compliance with this section: balance; proportion of mass and detail; harmony facade elements must be in harmony with each other (the achievement of such relationships may include the enclosure of space in conjunction with other buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings) and structures shall not create disharmony with other structures and with their other surroundings; scale of structures to the surroundings; and the relation and use of voids and solids, lines, shapes, shadow and light, colors and building materials.
(2)
All exterior walls of buildings, other than residential, shall be constructed of brick, precast concrete or other approved masonry materials so as to blend with existing structures.
(3)
No building or any accessory thereto or structure thereon shall be erected to a height that exceeds safe operation requirements as established by the Department of Transportation, Federal Aviation Administration, Eastern Region, for approach to the applicable type of airport.
B.
Location and design of certain improvements.
(1)
Mechanical equipment, including equipment located on the roof, and structure supports shall be concealed by structures which are integrally designed with the building or are otherwise rendered not visible from adjoining lots and streets and other off-site locations.
(2)
Except where otherwise provided, storage areas, utility installations and other unsightly elements shall be screened both from within and without the property.
(3)
All walks, driveways and streets shall be made from all-weather, dustless materials.
C.
Off-street parking and loading. No structure shall hereafter be built or moved, unless the sufficient off-street parking and off-street loading spaces required by this section are provided. No structure or use already established on the effective date of these regulations shall be enlarged unless the sufficient off-street parking and loading spaces required by this section are provided for the existing structure and proposed additions.
(1)
Off-street parking.
(a)
Utilization. Required accessory off-street parking facilities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles in operating condition of patrons, occupants or employees of such uses.
(b)
Design.
[1]
Area. A required off-street parking space shall be at least nine feet in width and at least 19 feet in length, exclusive of access drives or aisles, ramps, columns, office or work area.
[2]
Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.
[3]
Surfacing. All open off-street parking areas shall be graded and paved or otherwise improved with an all-weather, dustless material.
[4]
Location.
[a]
All off-street parking areas shall be conveniently located to the uses they are intended to serve and shall be located so as to maximize safety in entering or leaving the area and neighboring property values. No ditches may be placed near such areas.
[b]
All parking spaces required to serve buildings or uses shall be located on the same lot as the structure or use served.
[c]
Parking and aisles serving such parking are prohibited in any minimum front yard and permitted, unless otherwise provided, in any side yard. Enclosed buildings and carports containing off-street parking shall be subject to the yard requirements applicable in the zone in which located.
[d]
All aisles for vehicular traffic shall not be less than 24 feet.
[5]
Screening and landscaping. All open off-street parking areas containing more than six parking spaces shall be effectively screened by a fence or densely planted compact evergreen hedge not less than six feet nor more than eight feet in height in all zones where such parking adjoins any property situated in a residential district by a wall and where otherwise needed to ensure privacy for residential areas. Parking areas shall be arranged and designed so as to prevent damage to, or intrusion into, such wall, fence or hedge. Spaces shall be installed between rows of stalls, and trees, flowers and shrubbery shall be grown therein and maintained.
[6]
Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to interfere with the residential use.
(c)
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in connection with any off-street parking facilities.
(d)
Required spaces.
[1]
Off-street parking spaces accessory to the uses hereinafter designated shall be provided as follows:
[a]
Dwelling uses. Single-family, duplexes and two-family dwellings: at least one parking space for each dwelling unit.
[b]
Business, commercial and manufacturing uses. All business and commercial establishments except those specified hereafter: at least one parking space for each 300 square feet of floor area.
[c]
Automobile services stations: at least two parking spaces for each service bay, plus one for each employee, but not less than five parking spaces.
[d]
Office, professional and public administration or service buildings: at least one parking space for each 400 square feet of floor area. Cartage, express, parcel delivery and freight terminal establishments: at least one parking space for each two employees as related to the working period when the maximum number of persons are employed on the premises, and one parking space for each vehicle maintained on the premises. Manufacturing, production, processing, assembly, disassembly, cleaning, servicing, testing or repairing of goods, materials or products: at least one parking space for each two employees as related to the working period when the maximum number of persons are employed on the premises, and at least one parking space for every 1,000 square feet, whichever is greater. Warehouses, storage and wholesale establishments: one parking space for every 1,500 square feet.
[2]
Parking spaces for other permitted or special uses not listed above shall be provided in accordance with the determination of the Borough of Teterboro Planning Board with respect to the number of spaces that are required to serve employees and/or the visiting public at each such use.
[3]
Collective provisions. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so furnished is not less than the sum of the separate requirements for each such use, and provided that all regulations covering the location of accessory parking spaces in relation to the use served are adhered to.
[4]
Computation. When determination of the number of off-street parking spaces required by these regulations results in a requirement of a fractional space, the fraction of 1/2 or less may be disregarded, and a fraction in excess of 1/2 shall be counted as one parking space.
(2)
Off-street loading.
(a)
Utilization. Space allocated for any on-site loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(b)
Design.
[1]
Area. Unless otherwise specified, a required off-street loading space or berth shall be 10 feet in width by at least 25 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet. Semitrailers shall have a minimum maneuvering dimension of 105 feet.
[2]
Access. Each required off-street loading space or berth shall be designated with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement.
[3]
Surfacing. All open on-site loading shall be improved with a compacted select gravel base, not less than four inches thick, surfaced with an all-weather, dustless material.
[4]
Lighting. Any lighting used to illuminate off-street loading areas shall be directed away from residential properties in such a way as not to interfere with the residential use.
[5]
Additional standards. On-site loading facilities shall comply with such other design standards as may be established from time to time by the Planning Board. On-site loading facilities may be open to the sky or enclosed in a building, unless otherwise provided.
(c)
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any on-site loading facilities.
(d)
On-site loading berth requirements.
[1]
No on-site loading facilities are required in any residence district, except that elementary and intermediate schools shall provide at least one loading space for passenger automobiles for each 50 students based upon the designed maximum capacity of the school.
[2]
On the same lot with every building, or part thereof, erected hereafter in any zone or in close proximity to any use erected in a specially planned area for which loading spaces are required, there shall be provided adequate space for motor vehicles to load and unload in order to avoid interference with the public streets or alleys. Such space shall include the following minimum loading spaces:
[a]
Business and professional offices: one loading berth for each building that contains 1,000 to 100,000 square feet of gross floor area, and for each additional 100,000 square feet of gross floor area up to 500,000 square feet, one additional loading berth, plus one additional loading berth for each additional 500,000 square feet of gross floor area, or any fraction thereof, in excess of 500,000 square feet.
[b]
For all uses in the Light Industrial and Distribution Zone, loading facilities shall be provided in accordance with the following table:
Gross Floor Area of Establishments in Thousands of Square Feet | Required Number and Size of Loading Berths |
|---|---|
1 to 10 | 1 (10 feet by 25 feet) |
10 to 40 | 1 (10 feet by 60 feet) |
40 to 100 | 1 (10 feet by 60 feet each) |
[c]
For each additional 100,000 square feet of gross floor area, or any fraction thereof over 100,000 square feet of gross floor area, one additional loading berth shall be provided. Each such additional berth shall be at least 10 feet in width by 60 feet in length.
[3]
Minimum facilities. Uses for which on-site facilities are required by this section but which are located in buildings that have a floor area that is less than the required minimum above which off-street loading facilities are required shall be provided with adequate receiving facilities, accessible by motor vehicle, from any adjacent alley, service drive or open space on the same lot.
D.
Signs. No sign, unless exempt under Subsection D(4) hereof, shall hereafter be constructed or erected, and no existing sign shall be moved, remodeled or expanded unless such sign complies, or will thereafter comply, with the following regulations.
(1)
Permit required; issuance of permit; fees. No sign shall be erected, altered, located or relocated within the municipality except upon application and the issuance of a permit as hereinafter provided.
[Amended 3-12-2002 by Ord. No. 441]
(a)
Application for a permit for residential signs. Application for a permit for a sign for premises used for residential purposes shall be made in writing to the Zoning Officer and presented together with the appropriate filing fee. Such application shall be sufficient to describe the premises and location at which the sign is to be affixed, together with a rendering of the sign, inclusive of its dimensions, design and color. There shall also be provided a statement as to the means by which said sign shall be constructed on the premises. The Zoning Officer shall act upon such application within 15 days of the receipt thereof
(b)
Application for a permit for signs. Any sign associated with a change in occupancy or ownership necessitates an application for a sign permit. Application for a permit for a permitted sign conforming to the regulations set forth herein shall be made in writing to the Zoning Officer. Such application shall be sufficient to describe the premises and location at which the sign is to be affixed and shall include at minimum the following items:
[1]
The name and address of the applicant.
[2]
The name and address of the owner of the premises.
[3]
A statement as to whether the owner has consented to the application, if the applicant is other than the owner.
[4]
A rendering to scale of the sign, reflecting its composition, colors, dimension, elevation from grade level and lighting; the address of the premises; specification and location of all existing signs; the sight distances, in the case of freestanding signs, with relation to accessways to the premises on which such sign is to be located and adjacent premises; the information to be stated on the sign; and the method by which said sign shall be secured.
(c)
Application for a permit for a sign which does not comply with the provisions of this article shall be submitted to the appropriate approving authority, including any sign associated with a change in occupancy or ownership which does not comply with the provisions set forth herein, Such application shall be in writing and, upon notice and a public hearing where the same is required by law, submitted at least 10 days before the next meeting preceding the succeeding public meeting date of the appropriate authority, together with the filing fee. Such application shall be in triplicate and accompanied by no less than 15 sketch plats in the case of an application for a freestanding sign, and 15 building elevations where the application is for other than a freestanding sign, each of which shall be drawn to scale and reflect the sign location and designation. In addition, on such drawing or separate sheet, the information set forth in § 185-18D(1)(b) shall be provided.
(d)
Issuance of permit. A permit shall be issued by the Zoning Officer upon favorable action of the approving authority, subject to any other applicable governmental regulations or as otherwise provided herein. A permit for the replacement of an existing sign may be issued by the Zoning Officer without the necessity of Board approval only upon satisfaction of the following conditions:
(2)
Classification of signs.
(a)
Functional types.
[1]
Advertising signs. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located or to which it is affixed.
[2]
Bulletin board signs. A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it and announcements of persons, events or activities occurring at the institution. Such sign may also present a greeting or similar message.
[3]
Business signs. A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or an entertainment offered on the premises where the sign is located or to which it is affixed.
[4]
Construction signs. A temporary sign indicating the names of architects, engineers, landscape architects, contractors and similar artisans involved in the design and construction of a structure or project only during the construction period and only on the premises on which the construction is taking place.
[5]
Identification sign. A sign giving the name and/or address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.
[6]
Nameplate signs. A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located and, where applicable, a professional status.
[7]
Real estate signs. A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or a portion thereof located thereon.
(b)
Structural types.
[1]
Awning, canopy and marquee sign. A sign mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by these regulations. No such sign shall project above, below or beyond the physical dimensions of the awning, canopy or marquee.
[2]
Ground sign. Any sign placed upon, or supported by, the ground independently of the principal building or structure on the property. Signs on accessory structures shall be considered ground signs.
[3]
Pole sign. A sign that is mounted on a freestanding pole, the bottom edge of which sign is six feet or more above ground level.
[4]
Projecting sign. A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
[5]
Wall sign. A sign fastened to a wall or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface and which does not project more than 12 inches from such building.
[6]
Roof sign. A sign that is fastened to or painted on the roof of a building or structure.
(3)
General standards.
(a)
Gross surface area of sign. The entire area within a single, continuous perimeter enclosing the extreme limits with such sign, and in no case passing through or between any adjacent elements of the same. Such perimeter shall not include any structural elements lying outside the limits of such sign and which do not form an integral part of the display. The gross area of a sign shall be measured on only one side of such sign unless both sides thereof are utilized as a sign. When two or more signs are located on a lot, the gross surface area of all signs on the lot shall not exceed the maximum gross surface per street frontage set by the applicable district regulations, except as is provided by Subsection D(3)(e). For computing the area of any wall sign which consists of letters mounted on a wall, the areas shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters.
(b)
Height of sign. Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign.
(c)
Illuminated signs. Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residence district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residence district, which sign is visible from such residence district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m.
(d)
Flashing or moving signs. No flashing signs, rotating or moving signs, animated signs, signs with moving lights or signs which create the illusion of movement shall be permitted in any district. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and are not more frequent than every 15 seconds.
(e)
Corner and through lots. On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot.
(f)
Traffic safety. No sign shall be maintained at any location where by reason of its position, size, shape or color it may obstruct, impair, obscure, interfere with the view of or be confused with any traffic control sign, signal or device or where it may interfere with, mislead or confuse traffic.
(4)
Exemptions.
(a)
The following signs shall be exempt from the requirements of this subsection.
[1]
Flags of a government or of a civic, philanthropic, educational or religious organization displayed on private property.
[Amended 3-12-2002 by Ord. No. 441]
[2]
Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.
[3]
Memorial signs and tablets displayed on private property.
[4]
Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation.
[5]
Signs not exceeding five square feet in area displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, rest rooms, freight entrances and the like.
(b)
The following signs are exempt from the zoning certificate requirement of Subsection D(1) herein, but shall comply with all of the other regulations imposed by this subsection.
[1]
Nameplate signs not exceeding two square feet in gross surface area accessory to a multiple-family dwelling.
[2]
Identification signs not exceeding 20 square feet in gross surface and accessory to a multiple-family dwelling.
[3]
Bulletin board signs not exceeding 20 square feet in gross surface area accessory to a church, school or public or nonprofit organization.
(5)
Low Density Residential Zone.
(a)
Functional types permitted. One sign per lot of any one of the following functional types shall be permitted:
[1]
Nameplate signs having a maximum gross surface area of two square feet.
[2]
Identification and bulletin board signs having a maximum gross surface area of 20 square feet.
[3]
Real estate signs having a maximum gross surface area of six square feet per dwelling unit, but not to exceed 100 square feet.
[4]
Construction signs having a maximum gross surface area of 60 feet.
(b)
Structural types permitted. Ground signs, pole signs and wall signs.
(c)
Maximum height. 15 feet.
(d)
Required setback. 15 feet.
(e)
Illumination. No sign shall be illuminated, except bulletin board signs may be indirectly illuminated.
(6)
Light Industrial and Distribution Zone B.
(7)
Election or political signs are permitted, subject, however, to the following regulations:
[Added 3-12-2002 by Ord. No. 441]
(a)
Election or political signs shall be located entirely on private property.
(b)
Such signs shall not exceed 12 square feet in area.
(c)
No election or political sign may be located within the public right-of-way.
(d)
Such sign shall he a minimum of 10 feet from the property line and shall not obstruct sight triangles of intersections or driveways.
(e)
No election or political sign shall be posted or displayed for more than 30 days prior to any election or referendum and shall in all instances be removed within five days after the election or referendum to which it relates.
§ 185-19 Nonconforming uses.
A.
Unlawful nonconforming uses. No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become or be made lawful solely by reason of the adoption of these regulations, and to the extent that and in any respect that said unlawful structure or use is in conflict with the requirements of these regulations, said structure or use remains unlawful hereunder and shall be discontinued.
B.
Lawful nonconforming uses.
(1)
Definition; authority to continue. Any use of part or all of a structure or any use of land not involving a structure or only involving a structure which is accessory to such use of land, lawfully nonconforming under the zoning regulations applicable just prior to the adoption of these regulations or lawfully conforming under such zoning regulations but, in the zones, not conforming with all the applicable requirements of these regulations (including the environmental performance standards), and, in the specially planned areas or planned unit developments, not made part of an approved implementation plan, may be continued, if otherwise lawful, subject to the following limitations.
(2)
Limitations on continued use.
(a)
Ordinary repair and maintenance. Normal maintenance and incidental repair, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a lawful nonconforming use; provided, however, that this provision shall not be deemed to authorize any violation of Subsection B(2)(b) through (g) herein. Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition [where such restoration will not be in violation of Subsection B(2)(e) herein].
(b)
Remodeling. No structure that is devoted in whole or in part to a nonconforming use shall be remodeled unless the entire structure and use thereof shall thereafter conform to all regulations of the zone in which it is located or be consistent with the implementation plan covering the section within which it is located.
(c)
Extension. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity or otherwise altered so as to increase the degree of nonconformity.
(d)
Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the zone in which it is located or be consistent with the implementation plan covering the section within which it is located.
(e)
Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is substantially damaged or destroyed, by any means, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zone in which it is located or be consistent with the implementation plan covering the section within which it is located. When partial damage or destruction occurs, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(f)
Moving. No structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zone in which it is located after being so moved or be consistent with the implementation plan covering the section within which it will be located. No nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zone in which it is located after being so moved or be consistent with the implementation plan covering the section within which it will be located.
(g)
Change in use. A nonconforming use shall not be changed to any use other than a use permitted in the zone in which the use is located or other than one consistent with the implementation plan under which the section or subsection of the specially planned area within which it is located was developed. When a nonconforming use has been changed to any permitted or consistent use, it shall not thereafter be changed back to a nonconforming use.
(h)
Abandonment or discontinuance. When a nonconforming use of land or a structure is discontinued or abandoned, any subsequent use or occupancy of the land or structure shall comply with all regulations of the zone in which such land or structure is located or be consistent with the implementation plan under which the section or subsection of the specially planned area within which it is located was developed.
(i)
Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal shall cease or terminate.
(j)
Nonconforming residence uses. Notwithstanding the provisions of Subsection B(2)(c) through (f), any structure which is devoted to a residential use in any district may be remodeled, extended, expanded and enlarged, provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.