In reviewing any application for development,
the Board shall consider the following standards. In the case of standards
covered by Residential Site Improvement Standards (RSIS), they shall
take precedent for both residential and nonresidential development,
unless specifically discussed in this chapter.
A. Circulation.
(1) The Board shall consider pedestrian and vehicular
traffic movement within and adjacent to a lot or tract with particular
emphasis on the provision and layout of parking areas, off-street
loading and unloading, movement of people, goods and vehicles from
access roads.
(2) The Board shall ensure that all parking areas are
landscaped and spaces are usable and are safely and conveniently arranged.
Access to a lot or tract from adjacent roads shall be designed so
as to interfere as little as possible with traffic flow and to permit
vehicles a safe ingress and egress to the lot or tract.
(3) The circulation plan of each development shall reflect
the Master Plan's circulation plan element. The location and provision
of bikeways, sidewalks and other pedestrian linkages shall be encouraged
and clearly indicated.
(4) Applicants shall be encouraged to develop and implement
mass transit programs and to minimize the use of private automobiles
wherever possible. These programs may include the construction of
bike paths and bike storage areas and construction of convenient bus
pickup and drop-off points. In order to minimize peak-hour traffic
impacts of nonresidential development, applicants shall encourage
staggered starting and quitting times and changes in work hours where
appropriate and include the details within the application to the
Board.
B. Design and building layout.
(1) The design and layout of buildings and parking areas shall be aesthetically
pleasing and provide for efficient arrangement. Particular attention
shall be given to energy conservation, safety and fire protection
and impact on surrounding development. Architectural design shall
be compatible with the environmental and natural characteristics of
the tract and, unless required by minimum lowest floor regulations,
the surrounding neighborhood.
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No.
17-2013]
(2) Fire escapes shall be constructed only against the
side or rear wall of a building and shall be located and/or screened
so as not to detract from the appearance of such buildings.
(3) All new buildings shall strengthen the particular
design features of their locale, by, for example, framing scenic views,
defining and inviting the use of open spaces, or continuing particular
and desirable design features or statements.
(4) The rhythm of structural mass to voids, such as windows
and entries, of facades facing streets or designated open spaces shall
relate to rhythms established in adjacent buildings, if the rhythms
of such adjacent buildings are aesthetically pleasing.
[Amended 10-4-2018 by Ord. No. 24-2018]
(5) If several storefronts are to be located in one building or are to
be developed on lots where zero lot lines are permitted or required,
such storefronts shall be unified in overall design treatment, particularly
as to the design of windows and door openings and the use of materials
and colors. Unless otherwise required by the Construction Code, all
storefronts shall include display windows with a sill height of not
more than two feet from grade.
[Amended 1-31-2013 by Ord. No. 01-2013]
(6) All building additions shall be designed to reflect
the existing building in terms of scale, materials, fenestration and
color. A change in scale may require a transitional design element
between the addition and the existing building. Facade renovations
should include as few different materials as possible.
(7) Where large structures are required, massing and blank
walls shall be avoided as much as possible and, where necessary, relieved
by variation and architectural relief and details. Excessively expansive
blank walls are prohibited. No building shall measure longer than
80 feet on any plane. Building offsets shall be provided along each
building wall to relieve the visual effect of a single long wall.
Rooflines shall also be varied. An individual building may use a combination
of story heights to provide further visual relief. Building designs
should incorporate details such as masonry chimneys, cupolas, dormers,
and similar features for architectural appeal.
(8) Roof shape and material shall be architecturally compatible
with the rest of the building and shall reflect surrounding patterns.
Unless necessary, pursuant to construction, architectural, engineering
or safety standards, flat roofs shall be prohibited. Mansard roofs
are discouraged except to soften or otherwise improve the appearance
of a predominantly flat roof. Gable, hip, and gambrel roofs are favored.
(9) Materials shall be selected for suitability to the
type of buildings and the design in which they are to be used. Buildings
shall have the same materials, or those that are architecturally harmonious,
used for all building walls and other exterior building components
wholly or partly visible from public ways.
(10)
Colors shall be selected to be harmonious. Only
compatible accent colors shall be used. Building colors should reflect
earth tones or historical colors. Accent or complimentary colors,
harmonizing with the main color, may be used for trim, awnings and
other accents.
[Amended 10-4-2018 by Ord. No. 24-2018]
(11)
Facade renovations shall not destroy or cover
details on a building or historic or architectural interest.
(12)
In renovation projects, prevailing natural materials
and themes shall be retained. Facades of natural materials such as
stone, wood siding and brick shall not be covered with artificial
siding or panels except for good cause shown. If an original material
is or appears most appropriate on a facade, such material, if available,
shall be used for renovations and additions. Roof cornices shall be
retained, repaired, replaced or added where appropriate.
C. Environmental considerations. Environmental elements
relating to prevention of soil erosion, protection of significant
vistas or views, preservation of trees and protection of watercourses,
resources, soil and animal life shall be reviewed, and the design
of the plan shall minimize any adverse impact on these elements.
D. Historic preservation.
(1) Continued use of historic sites through adaptive reuse
should be encouraged.
(2) Appropriate alterations of historic sites and improvements
within historic districts shall be encouraged while new construction
which is not in keeping with the character of historic districts and
sites shall be discouraged.
E. Landscaping.
(1) Landscaping shall be provided as part of any overall
site plan design and integrated into building arrangements, parking
and buffering requirements. Landscaping includes trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and/or the
use of building and paving materials in an imaginative manner.
(2) The existing sense and appearance of any natural scenic
qualities on a tract shall be retained by the careful placement of
buildings and improvements.
F. Buffering.
(1) Buffering shall be located to minimize headlights
of vehicles, noise, light from structures, the movement of people
and vehicles, and to shield activities from adjacent properties when
necessary. Buffering may include but not be limited to fencing, walls,
evergreens, shrubs, landscaping, berms, open space, deciduous trees
or combinations thereof to achieve the stated objectives.
(2) Extensive buffering shall be required where intensive
land uses abut less intensive uses. Existing natural vegetation, if
appropriate for the above-stated purposes, shall be retained.
G. Open space.
(1) Open space shall be provided as part of a site plan
and shall serve as a buffer and/or help integrate buildings and uses.
Undeveloped open space should have as a prime objective the preservation
of a tract's natural amenities and vistas.
(2) Open spaces shall be so located as to provide for
maximum usability and to create a harmonious relationship between
buildings.
H. Signs.
(1) Signs shall be designed so as to be aesthetically
pleasing, coordinated with other signs on the site through a master
signage plan, and located so as to achieve their purpose without constituting
hazards to vehicles and pedestrians.
(2) There should be a coordinated graphics design theme
throughout any site plan. The design theme shall include style and
size of lettering, construction materials, colors, location, size
and lighting. Color of letters and background should be carefully
considered in relation to the color of the material or buildings or
where the signs are proposed to be located.
I. Utilities.
(1) The requirements for underground utilities shall apply
to all major site plans and major subdivisions.
(2) Particular emphasis shall be given to establishment
of drainage rights-of-way, analysis of the adequacy of existing systems
and the need for improvements, both on site and off site, to adequately
control the rate, volume and velocity of storm drainage, provide for
treatment of effluent and to maintain an adequate supply of potable
water at sufficient pressure.
(3) In such event that they can not be installed underground,
facilities such as pumping stations or transformers shall be enclosed
in buildings or effectively screened with landscaping and/or buffering
as approved by the Board.
J. Street furniture. Street furniture shall be made of
the same or similar materials to ensure design continuity and be appropriate
to the particular use. These may include, but are not limited to,
benches, bike racks, trash receptacles, bus shelters, tree planters
and directories.
In reviewing any application for development,
the Board shall consider the following standards.
A. Blocks. Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lots required by
this chapter and to provide for convenient access, circulation control
and safety of street traffic.
B. Lots.
(1) Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(2) Where extra width has been dedicated for the widening
of existing streets, lots shall begin at such extra line and setbacks
shall be measured from such line.
(3) Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as but not
limited to wetlands or flood conditions, the Board may withhold approval
of such lots.
C. Buffers.
(1) General.
(a)
Buffer dimensions shall be measured from property
lines.
(b)
Within any buffer area, utilities, driveways
and streets may be permitted to cross at right angles to the buffer.
(c)
No buildings, signs (other than directional
signs), structures, storage of materials or parking shall be permitted
within the buffer area.
(2) When required; dimensional requirements. Where single-family/two-family
homes abut multifamily residential or commercial uses, a buffer strip
of a width of not less than five feet shall be designed and maintained.
The buffer shall be provided on the multifamily residential or commercial
lot. In small lot developments, when building design and siting do
not provide privacy, the Planning Board may require landscaping, fences,
or walls to insure privacy and screen dwelling units.
(3) Planting specifications. Plant materials shall be
sufficiently large and planted in such a fashion that a screen at
least eight feet in height shall be produced within three growing
seasons. All plantings shall be installed according to accepted horticultural
standards.
(4) Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the developer during the next planting season. No buildings, structures,
storage of materials or parking shall be permitted within the buffer
area. Buffer areas shall be maintained and kept free of all debris,
rubbish, weeds, and tall grass.
(5) The buffer area may be located within the yard setbacks.
D. Landscaping.
(1) All residential lots shall have a minimum of 35% of the lot landscaped.
All areas not occupied by buildings, paving, patios, walkways and/or
any other impervious surface shall be suitably landscaped. No landscaping
shall interfere with required sight triangles. Such landscaping minimum
of 35% may be reduced to the minimum extent required to accommodate
stairs, steps, ADA-compliant ramps and related elements providing
access to the first floor necessary to conform with lowest floor requirements.
In no case, however, shall such percentage be lower than 30% of the
lot.
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No.
17-2013; 10-4-2018 by Ord. No. 24-2018]
(2) Deciduous trees shall have a caliper of at least two
inches and be 10 feet in height at planting, and evergreen trees shall
be at least six feet tall. All trees shall be balled and burlapped
and be of specimen quality as established by the American Association
of Nurserymen.
[Amended 4-3-2008 by Ord. No. 12-2008; 10-4-2018 by Ord. No. 24-2018; 11-5-2020 by Ord. No. 12-2020]
(a) The tree requirements shall include street trees be placed within
the governor's strip or behind the sidewalk at the discretion of the
Zoning Officer considering the existing width of the governor's strip
and the location of utilities.
(b) All street trees are to be maintained and replaced if removed at
no cost to the City. Existing street trees with calipers greater than
12 inches shall not be removed unless in poor condition or pose a
hazard to the welfare of the general public. The replacement tree
shall be consistent with the City's ordinance and the forestry management
plan.
(3) For
all original construction or enlargement of detached housing, two
trees shall be planted per frontage. For multifamily dwellings one
tree per unit shall be planted. For duplex units, four trees shall
be planted. A suggested list of tree species is detailed at the end
of this chapter. Required trees shall be located only in the front of the
house and shall be no closer than 25 feet to the street corners. The
planting of trees in the beach block shall be prohibited within the
front yard setback area.
[Amended 10-4-2012 by Ord. No. 16-2012; 5-5-2016 by Ord. No. 09-2016]
(4) In all original construction or enlargement of detached housing,
the following shall apply:
[Amended 9-24-2006 by Ord. No. 2006-26; 1-31-2013 by Ord. No.
01-2013; 8-15-2013 by Ord. No. 17-2013]
(a)
For lots with 40 feet or less frontage, a minimum of 24 shrubs,
no less than 18 inches high, shall be planted on the grounds, and
a minimum of 50% of the shrubs shall be planted between the principal
structure and the front property line.
(b)
For each additional two feet of frontage over 40 feet, an additional
shrub shall be required, of which a minimum of 50% of the total shrubs
shall be planted between the principal structure and the front property
line.
(c)
For duplex units, 30 shrubs shall be planted, and for multifamily
units a total of 40 shrubs shall be planted.
(d)
The plantings between the principal structure and the front
property line detailed herein may be reduced to the minimum extent
required to accommodate stairs, steps, ADA-compliant ramps and related
elements providing access to the first floor necessary to conform
with lowest floor requirements.
[Amended 10-4-2018 by Ord. No. 24-2018]
(5) Any landscaping which, within two years of planting,
dies for any reason shall be replaced by the developer(s) or by the
current owner at their sole expense.
(6) In all single-family and duplex districts, grass shall
be maintained between the sidewalk line and the curbline. All applications
for development shall provide this grass strip.
[Amended 4-3-2008 by Ord. No. 12-2008; 10-4-2018 by Ord. No. 24-2018]
(7) The following principles shall be considered:
(a)
Landscaping shall be located to provide for
climate control.
(b)
Landscaping shall be used to accent and complement
buildings.
(c)
Landscaping shall be provided in public areas,
parking areas, recreation sites and adjacent to buildings.
(d)
Vines and climbing plants may be considered
for large expanses of wall.
(e)
Massing trees may be considered at critical
points.
(f)
Smaller trees shall be used on narrow streets.
(g)
Ground cover shall be used to prevent erosion.
(h)
A variety and mixture of landscaping shall be
provided. Consideration shall be given to susceptibility to disease,
colors, season, textures, shapes, blossom and foliage in selecting
species.
(i)
Local soil conditions and water availability
shall be considered in the choice of landscaping.
(j)
Existing trees located within 10 feet of any
street right-of-way shall be maintained unless shown to be removed
as part of an approved plan. The existing grade within that space
shall not be disturbed without such approval.
(k)
Entrances to nonresidential lots shall be given
special landscaping treatment.
(l)
The impact of any proposed landscaping plan
at various time intervals shall be considered. Shrubs may grow and
eventually block sight distances. Foundation plants may block out
buildings.
(m)
Existing large trees (more than six-inch caliper)
shall be saved by not varying the grade around the trees by more than
six to 12 inches, by construction of tree wells and by erecting protective
fences.
(n)
Landscaping in parking areas shall be provided
in accordance with this article.
(o)
Impervious materials shall not be used in any
landscape area. Weed-retardant mulch, porous nonwoven synthetic landscape
fabric or other materials shall be used.
(p)
Vegetative ground cover is encouraged.
(8) In commercial districts, a minimum of one tree shall
be planted for each 50 feet of street frontage.
(9) Stone mulch may be used in landscaping beds if less
than 15% of the front landscaping area and not more than 10% of the
total lot landscaping. Stone mulch shall not be permitted within three
feet of a public sidewalk or street.
[Amended 10-4-2018 by Ord. No. 24-2018]
(10)
Any new plantings of bamboo are prohibited.
For existing bamboo plantings, the homeowner is responsible for growth
that may intrude into the neighbor’s property or harm or destroy
the neighbor’s structures or site improvements. Code Enforcement
may require complete or partial removal of all bamboo stands if the
intrusion recurs or harm/destruction occurs.
[Added 9-24-2006 by Ord. No. 2006-26]
E. Fences or walls.
(1) All fences as permitted anywhere in this chapter shall
be measured as to the height from a point between two and five inches
above grade for proper clearance of the bottom of the fence from the
ground, with the exact number of inches to be determined by the Construction
Code Official on a case-by-case basis.
(2) A fence may be constructed in the side or rear yard
to a height of five feet from the adjacent finished grade. A rear
yard is the area across the full width of the lot between the principal
building and rear lot line.
[Amended 9-24-2006 by Ord. No. 2006-26]
(3) All fences and walls shall be placed within the property
line, and the finished side shall be on the outside face of the fence
or wall.
(4) No fence or wall shall be placed within 15 feet of
a street corner.
(5) No fence or wall shall be placed between the front
yard setback line and the front property line. This applies to fences
along side property lines, which may not extend forward of the front
yard setback line except as provided elsewhere.
(6) A fence or wall may be constructed to a height of
four feet from the grade of the curb in front of the property along
all waterways for safety purposes, provided that the fence or wall
is visually transparent so as not to obstruct the view for the entire
height of the fence. "Visually transparent" means at least 75% measurably
open in elevation view, including all fences and post elements.
[Amended 5-5-2016 by Ord.
No. 09-2016]
(7) For
single-family or two-family residential properties, no fences or gates
are permitted to cross any driveway. For multifamily developments,
no gates or fences are permitted to cross individual driveways.
[Added 11-5-2020 by Ord. No. 12-2020]
(8) For multifamily development, a fence or wall may be
constructed to a height of five feet from the grade of the curb in
front of the property line within six inches of any side or rear property
line for the purpose of screening said property from adjacent nonresidential
uses, provided that the property adjoins a lot in a commercial zoning
district or a commercial use or a school or a place of worship.
(a)
Any fence built across a driveway shall be gated
with vehicular clearance of not less than 8 1/2 feet and shall
be no closer to the front property line than 18 feet. If such a gated
fence would, when closed, eliminate a required legal parking space,
then it shall be prohibited.
(9) The Construction Code Official, after conferring with
and receiving written concurrence of the Zoning Officer, may deny
fence permits on corner lots if he determines that the construction
of said fences will adversely affect automobile sight lines, thereby
creating a danger to public safety.
[Amended 12-3-2009 by Ord. No. 32-2009]
(10)
In order to permit greater personal choice in
exterior decor, the prescribed fence height as set forth may be modified
in the case of scalloped or otherwise nontraditional fences, provided
that no portion of any fence exceeds the maximum height by more than
10 inches, and also provided that the average elevation does not exceed
the height requirement.
(11)
Decorative trellises may be erected to a height
of eight feet, provided that the trellis width does not exceed eight
feet and there are no more than two trellises per property and the
trellis is no less than 80% open. The maximum total length of all
decorative trellises is to be 16 lineal feet per property.
[Amended 5-5-2016 by Ord.
No. 09-2016]
(12) Arbors shall meet the same standards as trellis with a maximum permitted
width of eight linear feet and not exceed eight feet in height.
[Added 11-5-2020 by Ord. No. 12-2020]
(13)
All fences on a parcel shall be consistent in
size, texture and design and shall be compatible with the materials,
scale and building arrangement of principal and accessory structures
on the site.
(14)
For commercial development, a fence or wall
may be constructed to a height of five feet above the elevation of
the curb in front of the property line within six inches of any side
or rear property line for purpose of screening said property from
adjacent residential uses.
[Added 9-24-2006 by Ord. No. 2006-26]
F. Lighting.
(1) Standards. All outdoor light fixtures installed and
thereafter maintained, other than those serving one- and two-family
dwellings, shall comply with the following requirements:
(a)
Only shielded light fixtures shall be used.
(b)
Where used for commercial and industrial purposes
or for sports or recreational facilities, all light fixtures shall
be equipped with automatic timing devices and shall comply with the
following:
[1]
Light fixtures used to illuminate flags, statues
or other objects mounted on a pole, pedestal or platform shall use
a narrow column beam of light that will not extend beyond the maximum
extensions of the illuminated object.
[2]
Other upward-directed architectural, landscape
or decorative direct-light emissions shall have at least 90% of their
total distribution pattern within the profile of the illuminated structure.
[3]
Externally illuminated building identification
or other signs shall only use shielded light fixtures mounted on top
of the sign structure.
[4]
All other outdoor lighting shall use shielded
light fixtures.
(c)
The design and installation of outdoor lighting
on a site shall be constructed so as to conform to the following standards:
[1]
All outdoor lighting during nonoperating hours
of the business on site not necessary for safety and security purposes
shall be reduced, activated by motion-sensor devices or turned off.
[2]
All lighting shall be designed to prevent misdirected
or excessive artificial light and to maximize energy efficiency.
(d)
All light fixtures shall be designed, installed
and maintained to prevent trespass light.
(e)
The maximum height of freestanding lights shall
not exceed the height of the principal building, or 18 feet, whichever
is less.
(f)
The style of the light and light standards shall
be consistent with the architectural style of the principal building
or surrounding area.
(g)
Freestanding lights shall be so located and
protected to avoid being damaged by vehicles.
(h)
The maximum illumination at property lines shall
be 0.1 footcandle at grade.
(i)
All wiring shall be laid underground.
G. Screening of exterior mechanical equipment.
(1) Electrical and mechanical equipment shall be located
within the interior of a building wherever possible. When an interior
location is not practical, such equipment shall be placed in a location
where it can be substantially screened from public view. Roof-mounted
equipment shall be hidden with parapets or screens of materials which
are in harmony with the building's architecture.
(2) Ground level utilities shall be screened so as to
be unobtrusive when viewed from the public rights-of-way and adjacent
uses.
H. For all dwellings in multiple dwelling buildings,
there shall be provided a minimum of 250 cubic feet of storage area
in a convenient centrally located area outside of the dwelling unit
for storage of personal belongings, outdoor furniture, bicycles, beach
chairs, etc., designed in such a way as to not constitute a fire hazard
and so that belongings may be kept locked and separated from belongings
of other occupants.
I. Storage and disposal of waste.
(1) Outdoor refuse and recycling containers shall be visually
screened within a durable enclosure so as not to be visible from adjacent
lots or sites, neighboring properties or streets.
(2) No refuse and recycling storage areas shall be permitted
between a street and the front of a building and shall conform to
the front yard requirements for the principal buildings in the zone.
(3) No refuse and recycling storage area shall be located
so as to prevent natural runoff from such areas or impair the existing
water quality of any stream, watercourse or aquifer.
(4) All materials or wastes which might cause fumes, dust,
odor or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in sealed and covered containers which are adequate to eliminate
such hazards.
(5) Refuse and recycling collection areas shall be effectively
designed to contain all refuse generated on site and deposited between
collections.
(6) Refuse and recycling collection enclosures shall be
designed of durable materials with finishes and colors which are unified
and harmonious with the overall architectural theme.
(7) Refuse and recycling collection areas shall be located
to provide clear and convenient access to refuse collection vehicles.
(8) Medical, hazardous or other regulated waste shall
meet the state and federal standards for such materials.
(9) In those cases where the operation of a commercial
use requires cooking, baking, frying, steaming and other methods of
exhausting from the premises, as well as air conditioners and refrigeration
or other mechanical devices usually located outside of a building
on the grounds or roof or otherwise appurtenant to the building, the
Planning Board shall, as part of its site plan powers, be assured
that the exhaust and other mechanical devices are designed, located,
oriented, screened and built of such materials that surrounding residential
and nonresidential uses are not impacted by noise, smoke, odors, fumes
or other environmentally disturbing attributes.
J. Recycling facilities for new multifamily housing developments.
(1) There shall be included in any new multifamily housing
development that requires subdivision or site plan approval an indoor
or outdoor recycling area for the collection and storage of residentially
generated recyclable materials. The dimensions of the recycling area
shall be sufficient to accommodate recycling bins or containers which
are of adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located.
(2) The recycling area shall be conveniently located for
the disposition of source-separated recyclable materials by residents
of the multifamily housing development, preferably near, but clearly
separated from, a refuse dumpster.
(3) The recycling area shall be well lit and shall be
safely and easily accessible by recycling personnel and vehicles.
Collection shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area and the bins or containers placed
therein against theft of recyclable materials, bins or containers.
(4) Any bins or containers which are used for the collection
of recyclable paper or cardboard and which are located in an outdoor
recycling area shall be equipped with a lid or otherwise covered so
as to keep the paper or cardboard dry.
(5) Signs clearly identifying the recycling area and the
materials accepted therein shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
(6) Landscaping and/or fencing shall be provided around
any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
K. Signs.
(1) Permit required; exemptions. A permit shall be obtained from the office of the Construction Code Official before erecting, placing, rebuilding, reconstructing, enlarging, reducing the size of or in any other way altering any sign, including the changing of any part of the message of a sign. Signs detailed in Subsection
K(4), except signs advertising a legal nonconforming use, are exempted from the permit requirement.
(2) Engineering and design standards; exemptions. No sign shall be installed anywhere in Margate City unless it conforms to the following engineering and design standards. Signs detailed in Subsection
K(4), except signs advertising a legal nonconforming use, are exempted from these engineering and design standards.
(a)
Only materials as permitted by NJUCC, Structural
Requirements Governing Signs, shall be used in the manufacture of
on-premises signs. The design and construction of on-premises electrical
signs shall also be in accordance with the requirements set forth
by the Uniform Building Code.
(b)
Signs and sign structures (except temporary
signs) shall be designed and constructed to resist wind forces as
specified in the Uniform Building Code. Signs and sign structures
(except temporary signs) shall be designed and constructed to resist
seismic forces as specified in the Uniform Building Code.
(c)
All electrical wiring shall be contained in
rigid conduit or enclosed in poles or raceways. All electrical sign
components, connections and installations shall conform to specifications
of the National Electrical Code and Underwriters' Laboratories. Every
electrical sign must bear the seal of the Underwriters' Laboratories
prior to installation and before issuance of a permit by the Construction
Code Official. The number of the Underwriters' Laboratories label
assigned to the subject sign must be provided by the constructor of
the sign. It shall be illegal to install any electric sign without
the Underwriters' Laboratories label prominently affixed thereon.
(d)
Detailed plans showing supporting structural
members and foundations must be submitted to the Construction Code
Official's office for approval before issuance of a permit.
(e)
The Construction Code Official shall require
the proper maintenance of all signs and shall inspect every sign for
which a permit is required within 30 days after it is erected. All
signs, together with all of their supports, braces, guys and anchors,
shall be kept in repair and in proper state of preservation. The Construction
Code Official may order the removal of any sign that is not maintained
in accordance with the provisions of this section.
(3) Insurance and performance bond.
(a)
It shall be unlawful for any firm or individual
to erect, repair or maintain electrical signs, regardless of size
or location, or nonelectrical signs which are higher than 10 feet
above grade or larger than 24 square feet without submitting a certificate
of insurance to the Construction Code Official's office in the amount
of $100,000 and $300,000 liability and $25,000 property damage.
(b)
It shall be a requirement in the erection or
repair of electrical signs, regardless of size or location, or nonelectrical
signs which are higher than 10 feet above grade or larger than 24
square feet that a performance bond of $1,000 be posted with the Construction
Code Official's office. In the event that the contractor does not
perform in accordance with this chapter or the specifications which
are approved by the Construction Code Official's office for a specific
installation, such one-thousand-dollar bond will be forfeited if corrections
are not made by no later than 15 days after written notice of specific
deficiencies is received from the Construction Code Official's office.
In case of forfeit, such moneys received by the Construction Code
Official's office may be used to have corrections made to conform
to the provisions of the chapter.
(4) Signs in residential districts. In residential zoning
districts, only the following signs shall be permitted.
(a)
Official highway route number signs, street
name signs and directional and other official traffic signs may be
erected and maintained in the interest of public safety or for the
regulation of traffic.
(b)
Temporary signs advertising the sale or rental
of the premises upon which said sign has been erected or a sign indicating
that said premises have been sold or rented, provided that:
[1]
Such temporary signs shall be erected only on
the premises to which they relate. They shall not be permitted on
any other property or within the public right-of-way.
[2]
The area of any such temporary sign shall not
exceed six square feet.
[3]
Not more than one such temporary sign shall
be placed on any property held in single and separate ownership.
[4]
Such temporary signs shall be removed promptly
within 10 days after an agreement of sale or rental has been entered
into.
(c)
Signs advertising the development and/or sale
of the premises upon which they are erected, when erected in connection
with the development or proposed development of the premises by a
builder, contractor, developer, subdivider or other persons interested
in such sale or development, may be erected and maintained, provided
that:
[1]
The size of such sign shall not exceed 16 square
feet.
[Amended 7-7-2014 by Ord.
No. 27-2014]
[2] Not more than one such sign shall be placed upon any property held
in single and separate ownership.
[Amended 7-7-2014 by Ord.
No. 27-2014]
[3]
Such sign shall be removed within 10 days after
75% of the building, buildings or subdivided lots have been initially
occupied.
(d)
Signs of mechanics, contractors and artisans
may be erected and maintained during the period such persons are performing
work on the premises on which such signs are erected, provided that:
[1]
The size of any such temporary sign shall not
exceed six square feet.
[2]
Not more than one sign for each such mechanic,
contractor or artisan shall be placed on any one property on which
such person is performing work.
[3]
Such signs shall be removed upon completion
of work by the mechanic, contractor or artisan.
(e)
Signs for the purpose of identification of schools,
churches and other institutions of a similar nature may be erected
and maintained on the property to which they relate, provided that:
[1]
The size of any such sign shall not exceed 25
square feet.
[2]
Not more than one such sign shall be placed
on any premises held in single and separate ownership.
(f)
Temporary signs advertising political parties
or candidates for election may be erected and maintained, provided
that:
[1]
The size of any such sign is not in excess of
four square feet.
[2]
The erector of such signs or an authorized agent
of the political party or candidate applies for and obtains a permit
from the appropriate City officials and deposits with the City, at
the time of application, the sum of $25 per each 10 such signs or
fraction thereof as a guaranty that all such signs will be removed
promptly within 10 days after the date of the election to which such
signs relate. If such signs are not removed at the end of the ten-day
period, the City shall have them removed and keep the full sum deposited
to reimburse the expenses incurred by it and for general municipal
purposes.
(g)
Trespassing signs or signs indicating the private
nature of a road, driveway or premises and signs prohibiting or otherwise
controlling fishing upon particular premises may be erected and maintained,
provided that the size of any such sign shall not exceed four square
feet.
(h)
Name signs indicating the name of the occupant
of a dwelling, provided that:
[1]
The size of such sign shall not exceed 144 square
inches.
[2]
Not more than one such sign shall be erected
for each permitted use.
(i)
Directional, informational or public service
signs, such as signs advertising the availability of rest rooms, telephones
or similar facilities of public convenience, and signs advertising
meeting times and places of nonprofit service or charitable clubs
and organizations may be erected and maintained, provided that such
signs do not advertise any commercial establishments, activity, organization,
product, goods or services except those of public utilities, and any
such signs shall not exceed four square feet in size.
(j)
Signs advertising a legal nonconforming use,
when located on the site where such use is conducted, may be maintained,
modernized or replaced without increasing the size, provided that
such signs were erected prior to the adoption of this chapter and
provided that modernization and replacement comply with the permit
requirements and the engineering requirements.
(5) Signs in commercial districts. In commercially zoned
districts, signs shall be permitted under the following regulations:
(a)
Any sign permitted in any residential district
shall be permitted, provided that the use to which it refers is permitted
in the commercial district.
(b)
Signs advertising a permitted commercial or
office use located on the site may be erected in accordance with the
following size limitations and regulations. Square-footage computation
will be ascertained by reference to the background area of the sign,
exclusive of supporting structure but including decorative trim. Square-footage
computation for individual letter displays or other graphic elements
affixed to an existing structural background shall be made by reference
to the copy area covered by such letters or elements. In computing
copy area, straight lines drawn closest to copy extremities encompassing
individual letters, words or other elements shall be used.
[1]
Only wall or fascia signs, as defined, are permitted.
[2]
Roof signs, freestanding signs, under-canopy
signs or marquee signs are prohibited.
[3]
Signs for business office or professional office
uses shall not exceed 10 square feet per separate office tenant on
the premises but are not to exceed 40 square feet if there are more
than four office tenants on the premises.
[4]
Signs for retail commercial and service establishments,
including bars and restaurants, shall be constructed under the following
limitations:
[a] Not more than one sign shall be
permitted on each wall fronting on a street. If a particular premises
has more than one commercial establishment, signs for the various
establishments shall be so designed and constructed as to constitute
either one unified sign with more than one part, or more than one
sign composed and mounted together to form one unified grouping of
signs. The sign or unified grouping shall not exceed three feet in
height and shall be located no lower than 10 feet above grade.
[b] The aggregate area of the single
or unified sign shall be limited by the following table:
|
Building Frontage
(linear feet)
|
Maximum Sign Area
(square feet)
|
---|
|
0 - 50
|
35
|
|
51 - 100
|
50
|
|
101 - 150
|
65
|
|
151 or greater
|
75
|
(c)
When a commercial premises fronts on more than
one street, the tenant/proprietor may select one street frontage on
which to apply the maximum sign areas in the section ; the second
street frontage may have a sign the total maximum area of which shall
be 1/2 of that permitted in the section above, for the linear feet
of building frontage on that second street; the third street frontage,
if there is one, may have a sign the total maximum area of which shall
be 1/3 of that permitted in the section above, for the linear feet
of building frontage on that third street.
(d)
When commercial premises have an entrance facing
directly onto a rear or side off-street parking area and the facade
of the building facing the parking area does not front on a street,
then the tenant/proprietor may erect a sign on said facade not to
exceed 12 square feet.
(e)
Signs shall be applied flat against a wall and
shall not project beyond the side or top of the wall to which they
are affixed, nor shall such signs project more than 10 inches forward
from the wall.
(f)
All bare incandescent light sources, but not
including neon lights, and their immediately adjacent reflecting surfaces
shall be shielded from view. Flashing, moving, intermittently moving
or illuminated signs, reflecting signs or luminous paints and/or advertising
devices shall be prohibited.
(g)
No temporary signs made of paper, cardboard,
canvass or similar material shall be permitted except inside the building.
Inside window signs may occupy not more than 30% of the glass area.
(h)
Directional signs in parking areas or for the
purpose of directing patrons to correct entrances shall be permitted,
in addition to signs otherwise permitted as above, with no more than
two such signs permitted, each such directional sign not to exceed
four square feet.
(i)
Signs, whether on the facade of the building
or on awnings or canopies, shall not extend over the public right-of-way
more than 10 inches.
(j)
No sign may be located closer to any side of
a building than 10% of the linear front footage of the building.
(6) Additional regulations.
(a)
No sign shall be placed in such a position that
it will cause danger to traffic on a street or traffic which is entering
a street by obscuring the view of traffic on either street. In no
case shall any sign, other than an official sign or functional sign,
be erected within the official right-of-way of any street unless specifically
authorized by ordinance or regulations of the City of Margate City.
(b)
The following signs are prohibited in all zones:
[1]
A flashing, blinking, twinkling, animated, moving
or projected sign of any type, or a sign which presents an illusion
of movement. Static time and temperature displays are permitted.
[2]
Any sign so erected, constructed or maintained
as to:
[a] Obstruct any fire escape, window,
door or opening used as a means of egress or ingress.
[b] Interfere with any opening required
for legal ventilation.
[3]
Any sign whose form, character or shape may
confuse or dangerously distract the attention of the operator of a
motor vehicle.
[4]
Signs which in any way simulate official, functional
directional or warning signs erected or maintained by the State of
New Jersey, a county or municipality thereof, any railroad, public
utility or similar agency concerned with the protection of public
health or safety.
[5]
Off-site and outdoor advertising signs.
[6]
Any sign attached to or painted on trees, fences,
utility poles, rocks, curbs, walks, lamps, hydrants, benches or bridges.
This does not apply to "No Trespassing" signs and signs warning of
an existing danger, such as "Beware of Dog."
[7]
Signs bearing texts of a laudatory nature or
including services or product names normally furnished by any such
proprietor. It is the purpose of this section to limit the use of
all signs to identification or directional purposes only. Identification
signs allow the principal name of the establishment or proprietor
and a brief description of the principal goods or service offered.
[8]
Any sign which, applying contemporary community
standards, has a dominant theme or purpose and appeal to prurient
interest.
(c)
No sign shall be erected containing information
on it which states or implies that property may be used for any purpose
not permitted under the provisions of the Margate City Zoning Ordinance
in the zoning district in which the property to which the sign relates
is located.
(d)
Signs advertising an establishment or use no
longer in existence or a product no longer available shall be removed
within 14 days.
(e)
Changeable copy signs shall not be permitted
unless the sign relates to a movie theater, religious institution
or public school.
(f)
Each dwelling and business establishment shall
display its street number in a prominent location so that it is visible
from the street at all times. The height of the number shall be such
that it is legible to an individual at the front curbline. No certificate
of occupancy shall be issued until the street number is installed
to the satisfaction of the building inspector.
(g)
Permanent project identification signs for multifamily
residential developments shall be limited as follows:
[1]
If there is only one street frontage, a single
sign is permitted, not to exceed 21 square feet in area.
[2]
If there are two frontages, a total sign area
of 32 square feet is permitted; only one sign per frontage is permitted;
and no one sign may exceed 21 square feet in area.
[3]
If there are three, four or more frontages,
only two signs are permitted but they must be on two different frontages,
and no one sign may exceed 21 square feet in area.
(7) Nonconforming signs. It is the intent of this chapter
that, as expeditiously as legally possible, all existing signs not
conforming to the provisions of this chapter be eliminated or brought
to conform to this chapter. In the event that an existing nonconforming
sign is altered or proposed to be altered, the sign must either be
brought to conform to this chapter or removed immediately. An alteration
will include:
(a)
Change of size or configuration of sign.
(b)
Substantial reconstruction after destruction
by fire, storm or other calamity. Substantial reconstruction shall
mean that at least 50% of the sign and/or supporting structure will
require replacement.
(8) Enforcement. Any sign erected or maintained in violation
of any of the provisions of this chapter shall be removed within 10
days after service of written notice in person or by mail upon the
owner of such sign, any other person responsible for the property
upon which the sign is maintained or upon the agent or legal representative
of such owner or other person responsible. Such notice shall specify
the nature of the violation and shall be signed by the Construction
Code Official. Upon failure to comply with such notice, the Construction
Code Official may cause such sign to be removed or may impose penalties
as provided by law.
L. Streetscaping.
[Added 10-4-2018 by Ord.
No. 24-2018]
(1) Streetscaping
shall be required for all development within the Washington Avenue
Pedestrian Corridor District (WAPC), Commercial District (C-1), Commercial/Business
District (C-2) and the Central Business District (CBD). (Details of
streetscape improvements are contained in Appendix C.)
(2) Decorative
pavers shall be installed from the curb to the property line.
(3) Tree
grates and frames shall be provided for all trees planted within the
right-of-way.
(a) Where streetscaping is required, trees may be planted adjacent to
the street curb.
(4) Decorative
sign posts and signage shall be installed at street intersections.
(5) Decorative
streetlights shall be installed within the right-of-way.
M. Waterfront
Special District.
[Added 10-4-2018 by Ord.
No. 24-2018]
(1) All
development on the north side of Amherst Avenue from Washington Avenue
to the Longport border within the Waterfront Special District shall
provide a continuous six-foot-wide public promenade walkway along
the property frontage.
(2) All
bulkheads shall be designed with the top of the bulkhead at elevation
8.0 (NAVD 88).
N. Third-floor decks other than those defined and not on waterfront
property shall comply to the below standards:
[Added 11-3-2022 by Ord.
No. 24-2022]
(1) Third-floor decks must be partially hidden from view with a pent
roof 2/3 of the required railing height.
(2) Third-floor decks may not occupy more than 50% of the area of any
permitted decks below and may not extend beyond the roof line if on
a gable or gambrel roof end. The railing must not extend higher than
the adjacent roof.
(3) If no deck is below, the third-floor deck may not exceed 1/3 of the
width of the building where the deck is to be located.
(4) Third-floor decks may not extend further out than any deck below,
including the pent roof.
(5) Third-floor decks on corner lots may be permitted to take advantage of either street front or both streets with one deck, provided that the aggregate area does exceed in Subsection
N(2) above.
(6) Third-floor decks shall not have any solid roof unless within the
defined building envelope.