West Deptford City Zoning Code
ARTICLE VII
General District Regulations
§ 166-30 Nonconforming buildings or uses.
A.
Continuation. Any lawful use of a building or land existing at the effective date of this chapter, or subsequently authorized by lawful authority, may be continued although such use does not conform to the provisions of this chapter.
B.
Extension. A nonconforming use of a building or land may be extended only as a variance by the Board of Adjustment. It is the policy of the Township that any such extension or enlargement shall be immediately adjacent to the existing nonconforming use and shall conform to the area and height regulations of the district in which it is situated.
C.
Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
D.
Restoration. A nonconforming building more than 50% destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that the reconstructed building shall not exceed the permitted height, area and volume of the building destroyed or condemned, and building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
[Amended 1-12-1995 by Ord. No. 94-22]
E.
Abandonment. If a nonconforming use of a building is voluntarily abandoned and ceases for a continuous period of one year or more, or if a nonconforming use of land is voluntarily abandoned and ceases for any period of time, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
§ 166-31 Nonconforming lots.
A building may be erected on any lot held at the effective date of this chapter which is not of the required minimum area or width, when approved by the Board of Adjustment in accordance with § 102-20A(3) of the Code of the Township of West Deptford, provided that adequate sanitation provisions shall be made.
§ 166-32 Prohibited uses.
[Amended 9-4-1997 by Ord. No. 97-14]
No building may be erected, altered or used, and no lot or premises may be used in or within 150 feet of a residence district for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise, or which constitutes a public hazard whether by fire, explosion or otherwise. In a commercial or manufacturing district, no noxious, offensive or hazardous use shall be permitted unless adequate provision is made to reduce and minimize such objectionable elements to the satisfaction of the Board of Adjustment. In order to ensure that adequate safeguards are provided and in order to determine whether a use is injurious to the public health or safety, the Board of Adjustment may consult such official agencies or private experts as it deems necessary.
§ 166-33 Off-street parking.
A.
Parking space requirements. Not less than one off-street parking space, with proper access from a street or alley, shall be provided on any lot on which a single-family detached dwelling is hereafter erected, except that in Residence District R-1 and Residence District R-6, not less than two off-street parking spaces shall be provided, and the following types of uses shall provide off-street parking space as indicated, which parking space shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated.
[Amended 2-20-1986 by Ord. No. 86-4; 7-6-1989 by Ord. No. 89-14; 4-3-2014 by Ord. No. 2014-08]
(1)
Apartment, multiple-family dwelling or townhouse on original construction or on conversion: two spaces for each dwelling unit, provided that in the case of units which are designed, built and reserved exclusively for senior citizens, as evidenced by such design features as ramps in place of steps; nonskid floors; door widths to accommodate wheelchairs; grab bars around shower stalls, toilets and tubs; waist-level electrical outlets; emergency signals which ring in adjoining apartments or at a central location; and other safety features, 1.5 parking spaces per dwelling unit shall be required.
(2)
Hotel, bed-and-breakfast: one space for each rental room or suite.
(3)
Restaurant, cafe or tearoom: one space for each 50 square feet of floor space devoted to patron use, plus one space for each employee on the maximum shift.
(4)
Theater, auditorium or other place of public assemblage: one space for every five seats, or, where capacity is not determined by the number of fixed seats, one space for each 60 square feet of floor area devoted to seating area.
(5)
Shopping center or group of three or more stores or related commercial uses on a lot developed in accordance with a unified plan: for any store, office building or commercial building other than one covered in Subsections A(2), (3) and (4) above: one space for each 167 square feet of gross leasable area.
(6)
Professional office building: one space for each 100 square feet of total office floor area devoted to patient or client use or four spaces for each practitioner, plus one space for each two employees, whichever is the greater.
(7)
Hospital, convalescent or nursing home: one space for each three beds, plus one space for each staff physician and one space for each three employees, including nurses, on the maximum shift.
(8)
Commercial, office or recreational building or use, other than any use specified above: one space for each 200 square feet, or portion thereof, of ground floor area, plus one space for each 300 square feet, or portion thereof, of upper floor area.
(9)
Industrial establishment: one space for each two employees on the maximum shift, plus one space for each company vehicle normally stored on the premises, plus a reasonable number of spaces to meet anticipated visitor parking space needs, as approved by the Planning Board at the time of site plan review.
B.
General requirements relating to parking.
(1)
Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
(2)
In the case of any shopping center, multitenant office building or other permitted use where common spaces or areas, such as corridors, entrance foyers or stairways, are provided within a building for tenants or customers, parking requirements shall be based on gross leasable area as defined in Subsection B(3) below.
(3)
For purposes of administering parking requirements, gross leasable area is the total floor area designed for tenant occupancy, expressed in square feet and measured from the center line of joint partitions and from outside wall faces. In the case of a single-occupancy or multiple-occupancy office building, the following areas may be excluded in computing parking requirements: common areas such as stairways, entrance foyers, cafeterias and washrooms and specialized areas such as vaults and areas for heating and air-conditioning equipment. In no case shall any excluded area exceed 10% of the gross floor area of the building.
(4)
Off-street parking lots for more than 30 motor vehicles shall include planted areas within such parking lots. A minimum of 100 square feet of planted area shall be provided for the first 20 parking spaces, plus 100 square feet of planting area for each 10 additional parking spaces, on a pro rata basis. Parking lots shall be so designed that not more than 10 parking spaces shall be placed in a continuous row without an intervening planting area of at least 100 square feet.
(5)
Parking spaces provided to serve professional offices and accessory uses permitted in residence districts, and parking spaces provided to serve nonconforming commercial or industrial uses in residence districts, shall be located to the rear of the required front yard. Each parking area shall be appropriately landscaped to screen such lot from residential properties adjoining and directly opposite therefrom.
(6)
The Planning Board at the time of site plan review may reduce by not more than 25% the number of parking spaces required to be paved initially for a residential use, or for a use or establishment which involves few residents, employees, customers or visitors relative to building area, provided that the plan submitted shows that sufficient land is reserved and properly identified as such to meet the full requirements of this chapter. If the reduced number of parking spaces proves to be inadequate, the Township shall require an increase in the number of available parking spaces to provide adequately for residents, employees, customers and visitors up to the full requirement.
[Added 2-20-1986 by Ord. No. 86-4]
C.
Parking space dimensions. The minimum dimensions of each parking space shall be not less than the following, exclusive of aisles, driveways and turning areas:
[Added 2-20-1986 by Ord. No. 86-4]
(1)
Standard spaces: nine feet by 19 feet, except for retail uses where shopping carts are permitted in the parking area, in which case, minimum dimensions shall be 10 feet by 19 feet.
(2)
Small car or compact spaces: eight feet by 18 feet when clearly marked for use by compact cars or two-wheeled vehicles. Up to 30% of total requirements may be met with small-car spaces.
(3)
Handicapped spaces: 12 feet by 19 feet.
D.
Parking lot improvements.
[Added 2-20-1986 by Ord. No. 86-4]
(1)
All parking areas for commercial, industrial or multiple-family dwelling uses shall have an all-weather surface, with parking spaces and traffic flow patterns clearly lined and identified. Wheel stops or bollards shall be provided for each space. Continuous curbing of concrete or asphalt shall be provided along the perimeter of each parking area, including around planting areas which interface parking spaces.
(2)
Landscaped areas between parking areas and streets are encouraged to be bermed to a minimum height of four feet above the level of the parking area.
§ 166-34 Loading and unloading space.
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.
§ 166-35 Temporary use permit.
A temporary permit may be authorized by the Board of Adjustment as a variance for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not exceeding one year, and may be renewed annually for an aggregate period of not more than three years.
§ 166-36 Yard exceptions.
[Amended 1-12-1995 by Ord. No. 94-22; 11-6-2003 by Ord. No. 2003-15]
A.
A maximum of two accessory structures are permitted per lot in the R-1, R-2, R-3, R-5 and R-6 Districts, of which one structure may not exceed 600 square feet and 15 feet in height measured from the ground to the roof peak and one structure that may not exceed 400 square feet and 12 feet in height measured from the ground to the roof peak. No accessory structure may be located in a buffer, easement or drainageway.
[Amended 4-3-2014 by Ord. No. 2014-08]
B.
Accessory structures or uses may not be located in the front yard.
C.
Accessory structures exceeding 400 square feet in area shall be set back a minimum of five feet from the principal structure and shall be set back 10 feet from all property lines in all residential districts.
D.
Accessory structures measuring 400 square feet or less shall be set back a minimum of five feet from the principal structure and shall be set back six feet from all property lines.
E.
Fencing. All fencing in residential zones shall be installed with the finish side of the fence facing adjacent properties. A fence, no higher than four feet, may be located in a front yard setback, and may not be solid. No fence shall be erected of barbed wire, chicken wire, topped with metal spikes or constructed in a manner which may be dangerous to persons or animals. No fence shall be erected or altered so it exceeds six feet in height.
[Added 4-3-2014 by Ord. No. 2014-08]
F.
Pools, decking and pool filtration equipment shall be set back at a minimum of six feet from any property line and graded not to increase stormwater runoff on adjacent properties.
[Added 4-3-2014 by Ord. No. 2014-08]
G.
No accessory building or use may be located on a parcel not containing a principal use.
[Added 4-3-2014 by Ord. No. 2014-08]
H.
The use of cargo containers and trailers as an accessory use is prohibited.
[Added 4-3-2014 by Ord. No. 2014-08]
I.
Accessory structures may not have water or sewer service.
[Added 4-3-2014 by Ord. No. 2014-08]
§ 166-37 Reduction of lot.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 166-38 Vision obstruction.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street or public road by obscuring the view.
§ 166-39 Access to public street. [1]
[Amended 4-3-2014 by Ord. No. 2014-08]
No land shall hereafter be subdivided unless direct access from a public street is provided to every lot through an open space on the same lot. Such open space shall not be less than 25 feet in width and shall extend from the lot to a public street.
§ 166-40 Cluster developments.
[Amended 7-19-1979 by Ord. No. 79-16; 4-3-2014 by Ord. No. 2014-08]
A.
Purpose and intent. In order to achieve a better and more attractive pattern of residential development than is possible under conventional zoning district requirements applicable to individual lots, the Planning Board may authorize as a conditional use the modification of the lot area requirements in R-1 Rural Residence District in the case of a plan for residential development which complies with the requirements of this section. Among the objectives of this provision are:
(1)
To allow and encourage flexibility in the design and development of land so as to promote the most appropriate and attractive utilization of land.
(2)
To facilitate the efficient provision and maintenance of streets and utilities.
(3)
To conserve and protect floodplains, stream valleys, steep slopes or other environmentally sensitive areas.
(4)
To provide a complementary balance of common open space and sound residential development.
B.
Cluster development requirements.
(1)
The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by all owners of the entire tract and shall be developed within a reasonable time under single direction.
(2)
The tract of land for which a plan is submitted shall be not less than 50 contiguous acres in area in an R-1 Rural Residence District or in combination R-1 or R-2 Residence Districts; provided, however, that the minimum tract area may be reduced by the Planning Board to not less than 25 acres when the area involved immediately adjoins an existing cluster development previously approved by the Planning Board.
(3)
The R-1 Rural Residence District minimum lot area requirements applicable to an individual lot may be reduced from 20,000 square feet to 12,500 square feet, and the minimum lot width requirement from 100 feet to 80 feet. These lot minimums shall apply to all lots in the development, including lots located in those portions of an R-2 Residence District which have been used to comply with minimum tract size requirements.
(4)
Sufficient land areas within the proposed development are conveyed by the developer to the Township or to a homeowners' association under an agreement approved by the Planning Board, for such uses as recreation, public schools, conservation of woodlands and open spaces of such nature as to contribute to neighborhood attractiveness, to assure that the total number of lots which could have been delineated on a plan are in full compliance with the lot area requirements of the residence district in which the land is located. The lands conveyed shall be appropriate and in suitable condition for their intended use. If a public school site is proposed as part of the area to be dedicated for public use, such site must be approved by the Board of Education before it can be accepted as a public school site.
(5)
The minimum open space requirement shall be an area equivalent to not less than 20% of the gross area of the tract, except that in the case where floodplains are used to satisfy the open space requirements of this section, such floodplains shall not count for more than 50% of the required open space.
(6)
A preliminary subdivision plan shall be submitted for the entire tract covered by the application for lot reduction under the terms of this section.
(7)
All dwellings within the development when completed for occupancy shall be served by sanitary sewers and a public water supply. All other requirements of the Land Subdivision Ordinance of West Deptford Township, Chapter 143, shall apply to the proposed subdivision.
(8)
The title to all lands conveyed by the developer to the Township as open space or spaces shall be free and clear of all liens and encumbrances. The deed or deeds to such lands shall be conveyed to the Township at the time of the final approval of the subdivision plan by the Planning Board. Satisfactory written agreements or other arrangements acceptable to the Township Solicitor shall be made for the ownership and perpetual maintenance of all common areas not dedicated to the Township.
(9)
The Planning Board may prescribe such further conditions with respect to the proposed development as it deems appropriate, in accordance with the provisions of § 166-42.
(10)
Copies of all plans submitted under the provisions of this section shall be sent to the Board of Education, together with a timely notice of the meeting or meetings at which the Planning Board will consider the plans.
§ 166-41 Trailer and mobile home use restrictions.
[Added 8-21-1980 by Ord. No. 80-17; amended 10-6-1983 by Ord. No. 83-17; 4-3-2014 by Ord. No. 2014-08]
The following regulations shall apply with respect to trailers and mobile homes:
A.
No trailer or trailer-type facility used or intended to be used wholly or partially for dwelling purposes shall be occupied on any tract of ground within the Township, except in a trailer park as provided in the Trailer Park Code, Chapter 154, Article I thereof. No mobile home shall be occupied on any tract of ground within the Township except in a trailer park as provided in the Trailer Park Code, Chapter 154, Article I thereof, or in an established R-5 Residence Mobile Home Development District, as herein provided.
B.
No trailer or trailer-type facility used or intended to be used for nondwelling purposes shall be occupied on any tract of ground within the Township, except as hereinafter provided:
(1)
Construction trailers as a temporary accessory use during construction of an authorized use shall be permitted as part of the zoning permit for the authorized use. Such trailers shall comply with accessory use zoning requirements of the district in which authorization has been granted to locate the permanent, primary structure. Such trailers shall be removed prior to making application for a certificate of occupancy issued by the Zoning Administrative Officer, but in any event shall be removed within 30 days of the completion of the project.
(2)
Trailers may be permitted as a temporary business office in districts where business offices are permitted during construction of a permanent office facility or as a sales or leasing office on a buildable lot during construction of a residential development. Such trailers shall comply with accessory use zoning requirements of the district in which authorization has been granted to locate the permanent primary structure. Such trailers shall be removed prior to making application for a certificate of occupancy issued by the Construction Code Official.
§ 166-42 Standards for review.
[Amended 3-7-1985 by Ord. No. 85-2; 4-3-2014 by Ord. No. 2014-08]
In any instance where the Planning Board or the Board of Adjustment is required by this chapter to consider a request for a use on a conditional use or variance basis or when a change in the Zoning Ordinance or Zoning Map is under consideration, the Planning Board, Township Committee or the Board of Adjustment, after public hearing, shall:
A.
Give full consideration to the size, scope, extent and character of the use desired and assure itself that such request is consistent with the plan for future land use in West Deptford Township and with the spirit, purpose and intent of the Zoning Ordinance.
B.
Consider the suitability of the property for the use desired.
C.
Take into consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed use will be appropriate in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
D.
Determine that the proposed use will promote the harmonious and orderly development of the district in which it is located, and that it will serve the best interests of the Township, the convenience of the community (where applicable) and the public health, safety, morals and general welfare.
E.
Consider the suitability of the proposed location of a use with respect to traffic and highways in the area, and ensure the adequate access and off-street parking arrangements are provided in order to protect major streets from undue congestion and hazard.
F.
Make certain that the proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.
G.
Consider, where appropriate, the standards for site and building plan review included in Chapter 143 of the Code of the Township of West Deptford.
H.
Impose such conditions, in addition to those required as are necessary to ensure that the general purpose and intent of the Master Plan and Zoning Ordinance are complied with and that the use of the property adjacent to the area of the proposed use is adequately safeguarded, which conditions may relate to, but are not limited to, harmonious design of buildings, appearance, plantings and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and minimizing of noxious, offensive or hazardous elements.
I.
For any conditional use permitted by this chapter, application shall be made for conditional use approval as well as required site plan and/or subdivision approval as may be necessary. The review of a conditional use shall include any required site plan and subdivision review pursuant to ordinance.
Where a conditional use application involves a site plan or subdivision, notice of hearing shall include reference to all matters being heard, and the approving authority shall review and approve or deny the site plan or subdivision plan simultaneously with the conditional use application.
In addition to the above standards for review, the following specific use review standards and conditions shall be applied:
(1)
"Medical marijuana alternative treatment center" or "alternative treatment center" means an organization approved by the State of New Jersey to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of the Compassionate Use Medical Marijuana Act (N.J.S.A. 24:6I-3).
(a)
Specifically prohibited in all zoning districts, with the exception of M-2, where alternative treatment centers is a conditionally permitted use.
(b)
Minimum distance from school and day-care facilities whether public and private: 1,000 linear feet measured lot line to lot line.
(c)
Minimum distance from houses of worship: 1,000 linear feet measured lot line to lot line.
(d)
Minimum distance from residential zones (R-1, R-2, R-3, R-4, R-5, R-6): 1,000 linear feet measured lot line to lot line.
(e)
Maximum hours of operation: 8:00 a.m. to 7:00 p.m.
(f)
Prescriptions may be filled by appointments and in office only. Drive-through facilities are not permitted.
(g)
The reviewing board shall be satisfied that the off-tract circulation and access to and from the site are adequate.
(h)
The minimum lot width at the building line shall be 100 feet and the minimum lot size shall be 20,000 square feet. Minimum rear and side yard setbacks shall be 30 feet. Minimum front yard setback shall be 50 feet, 25 feet of which shall be appropriately landscaped and buffered.
(i)
No building shall exceed two stories in height. Not more than 50% of the lot area shall be occupied by buildings, parking areas, driveways, sidewalks and other paved or impervious areas.
(j)
Off-street parking schedule. Off-street parking shall be provided in accordance with § 166-33 of the West Deptford Zoning Code.
(k)
An alternative treatment center site management plan is required and shall address at a minimum vehicle traffic control, and methods and designs to prevent loitering and promote public safety.
§ 166-43 Signs.
[Amended 12-2-1982 by Ord. No. 82-13; 2-20-1986 by Ord. No. 86-2; 4-3-2014 by Ord. No. 2014-08]
A.
No sign, other than exempt signs, to include only those authorized by Township Committee; or authorized by Township Police for safety purposes, shall be erected without first obtaining a permit therefor from the Township Zoning Officer, as required in § 166-45 hereof. Signs exempt from permit requirements are: official traffic signs; political signs, provided that they are on private property, and are no larger than 16 square feet, and are removed within seven days after an election; temporary yard or garage sale signs, which must be removed within 48 hours after the sale; temporary real estate or artisan signs; and nameplate signs, which are not larger than 18 inches in area.
[Amended 5-15-2014 by Ord. No. 2014-10]
B.
Sign type, size and location requirements by zoning district. Any sign hereafter erected or maintained in West Deptford Township shall conform to the following regulations applicable in the zoning district in which located with general restrictions of Subsection B(5) hereof and with any other applicable regulation of the Township, state or federal government. Note: The term size as used throughout this section shall mean the maximum permitted area on one side of any sign.
[Amended 5-15-2014 by Ord. No. 2014-10]
(1)
In R-1, R-2, R-3, R-4, R-5, R-6 Residence Districts, the following types and sizes of signs, and no other, shall be permitted:
(a)
Official traffic signs of a governmental agency, of a size and at the location required by that agency.
(b)
Approved home occupation or nameplate signs indicating the name, profession, or activity of the occupant of the dwelling, and trespassing signs or signs indicating the private nature of a driveway or premises; six square feet of all such signs on any one property.
(c)
Identification signs for schools, churches, hospitals or similar institutions; size: 12 square feet.
(d)
Identification signs for an apartment or townhouse development, or a real estate sign advertising the sale, rental, direction of premises in the process of development. Such signs shall be located on the same lot as the use to which the sign relates; size: 20 square feet; one sign for each street frontage.
(e)
Real estate signs advertising the sale or rental of a single home or lot, provided that such signs shall be removed within 14 days of the signing of an agreement of sale or rental; size: six square feet.
(f)
Temporary signs of contractors, architects, mechanics, artisans and similar functions related to a development or project. Such signs shall be removed within seven days of the date the work is completed; size: six square feet.
(g)
Signs advertising a lawful nonconforming use; size: not to exceed the size of the sign which would be permitted for that use in a district in which it is conforming but in no case larger than 12 square feet in residential zones.
(h)
Directional sign; size: six square feet.
(i)
Donor/sponsor signs placed upon an athletic field that denotes a sponsor or donor to the athletic association.
(2)
In PO Professional Office, NPO Neighborhood Professional Office, NC Commercial, C General Commercial, SC Shopping Center, M-1 Manufacturing and M-2 Manufacturing Districts, the following types and sizes of signs and no other shall be permitted:
(a)
Any sign of the type and size permitted in a residence district in Subsection B(1) above which relates to permitted use in a commercial or manufacturing district.
(c)
In the C Commercial Zone, business signs as defined in § 166-6B hereof, provided that such signs are placed on the premises on which the use to which the sign relates is conducted, and are located on or attached to the principal facade of such use; maximum size 100 square feet for each building not to exceed 10% of the building facade area. In the case where a commercial building faces two roads, a sign shall be permitted on each road front facade.
(d)
In the SC Shopping Center Zone, in the case where a structure which is constructed as a series of individual attached buildings for separate uses with separate entrances, the sign shall be attached to the principal facade. In the case where a building fronts two roads, a sign shall be permitted on each road front facade. Maximum size: 100 square feet but not to exceed 10% of the individual store front facade.
(e)
Freestanding identification or pylon signs for a shopping center or group of three or more commercial or office uses maximum size: 100 square feet for the main sign, plus 30 square feet for each auxiliary tenant sign, and one sign along each street frontage.
(f)
Freestanding identification sign for an industrial park or an office park; and signs in the M-1 and M-2 Zoning Districts: maximum size 100 square feet.
(g)
Freestanding identification sign for an individual business in the C Commercial Zone, Neighborhood Commercial Zone on a conforming lot, maximum size: 50 square feet, and one sign per lot unless the building fronts two roads, then a freestanding sign shall be permitted on each road front.
(h)
Perpendicular signs are considered one sign and must present the same message on both sides.
(3)
Height limitations.
(a)
Signs mounted on buildings. No sign shall be erected on or above or project above the roof, parapet or main cornice line of any building.
(4)
Exceptions. The sign types, size, location, or height limitations prescribed in Subsection B(1), (2) and (3) above may be exceeded only when authorized by the Board of Adjustment as a use variance upon a finding that the location, type of use or size of a building or premises warrants such larger sign area and will not constitute a substantial detriment to the public good and will not impair the intent and purpose of this chapter.
(5)
General restrictions. The following restrictions shall apply to all signs:
(a)
All such signs, except directional signs, shall be placed on the premises on which the use to which the sign relates is conducted. Signs or outdoor advertising structures which direct attention to a business, profession, commodity, service or entertainment which is not sold or offered on the premises on which the sign is located are not permitted.
(b)
No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view. No sign with red, green or amber illumination shall be erected or placed in any location which may cause it to be confused with a railroad or traffic control sign or signal.
(c)
No sign other than official traffic signs, shall be erected or placed within the line of any street or shall project beyond or hang over a street, alley, sidewalk or other public space, except that the Zoning Officer is authorized to issue a permit for a maximum of 30 days for each matter for temporary banners or signs for such purposes as promotions, campaigns, drives Township-sponsored or recognized groups, community information and activities, Township-sponsored events or activities, registration of Township-sponsored recreational and/or sponsored leagues, Township recognized events, and such other types as may be specifically authorized by other ordinances or regulations of the Township of West Deptford. The number of signs to be put up and the location of the signs shall be disclosed on the permit application and approved thereto by the Zoning Officer on such permit. Temporary signs, flags and/or banners placed within/on Township property for special events, holidays, public demonstrations, commercial promotions or promotion of civic welfare or for charitable purposes; provided such signs are not displayed for a period of time exceeding 30 days prior to and during the event and further provided that such signs shall be removed within seven days after the event. Such signs shall be nonilluminated, not larger than six square feet in area, not exceeding six feet in height and may be erected flat against the building or freestanding. No sign may be located in a sight triangle.
(d)
No sign shall be permitted in which displays in any of its parts a periodic change in the level of illumination or color of light when in use. No sign shall be permitted which displays in any of its parts any form of animation, including rotation, oscillation, flashing, shuttering, scintillation or emission of steam, smoke or other visible matter. Any sign of which all or any part thereof is in intentional motion by any means is prohibited. Changeable-copy signs shall not be changed more than once every eight hours. Changeable-copy signs that are changed more frequently shall be considered animated.
(e)
The following types of signs are prohibited: sidewalk, sandwich board or A-frame signs, trailer, vehicle, mobile or transportable signs and off-premises advertising signs.
(f)
Every sign must be constructed of durable materials and must be kept in good condition and repair. Any sign which is allowed to become dilapidated shall be removed at the expense of the owner or lessee. Any sign whose form of illumination results in flashing or blinking unintentionally when close to a burnout point or other functional defect shall, upon notification by proper authorities, be repaired, removed or replaced within a period of 10 days of such notification.
(g)
The structural safety requirements governing construction and erection of all signs and the issuance of permits therefor shall be controlled by the Construction Code of the Township of West Deptford,[1] but this chapter shall supersede the Construction Code with respect to areas wherein signs are erected, their location, size, design, illumination and all the characteristics which related to the subject of zoning.
(h)
Abandoned signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him, a sign which has been abandoned. An "abandoned sign," for the purpose of this chapter, is a sign located on and/or related to the use a property which becomes vacant and unoccupied for a period of three months or more; any sign which was erected for an occupant or business unrelated to the present occupant in business; or any sign which relates to a time, event or purpose which is past. Any such "abandoned sign" shall be abated by the owner or person controlling the property within 30 days of the date of abandonment as herein defined.