Article IV Development Requirements and Standards

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.

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.

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.

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.

Design and building layout.

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]

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.

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.

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]

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]

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.

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.

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.

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.

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.

Historic preservation.

Continued use of historic sites through adaptive reuse should be encouraged.

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.

Landscaping.

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.

The existing sense and appearance of any natural scenic qualities on a tract shall be retained by the careful placement of buildings and improvements.

Buffering.

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.

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.

Open space.

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.

Open spaces shall be so located as to provide for maximum usability and to create a harmonious relationship between buildings.

Signs.

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.

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.

Utilities.

The requirements for underground utilities shall apply to all major site plans and major subdivisions.

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.

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.

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.

§ 175-26 Specific design standards.

In reviewing any application for development, the Board shall consider the following standards.

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.

Lots.

Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

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.

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.

Buffers.

General.

Buffer dimensions shall be measured from property lines.

Within any buffer area, utilities, driveways and streets may be permitted to cross at right angles to the buffer.

No buildings, signs (other than directional signs), structures, storage of materials or parking shall be permitted within the buffer area.

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.

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.

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.

The buffer area may be located within the yard setbacks.

Landscaping.

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]

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]

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.

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.

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.[1] 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]

Editor's Note: See Appendix B, Plant Species List, included as an attachment to this chapter.

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]

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.

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.

For duplex units, 30 shrubs shall be planted, and for multifamily units a total of 40 shrubs shall be planted.

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]

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.

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]

The following principles shall be considered:

Landscaping shall be located to provide for climate control.

Landscaping shall be used to accent and complement buildings.

Landscaping shall be provided in public areas, parking areas, recreation sites and adjacent to buildings.

Vines and climbing plants may be considered for large expanses of wall.

Massing trees may be considered at critical points.

Smaller trees shall be used on narrow streets.

Ground cover shall be used to prevent erosion.

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.

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.

In commercial districts, a minimum of one tree shall be planted for each 50 feet of street frontage.

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]

Fences or walls.

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.

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]

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.

No fence or wall shall be placed within 15 feet of a street corner.

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.

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]

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[2]]

Editor's Note: This ordinance also renumbered former Subsection E(7) through (12) as E(8) through (13), respectively.

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.

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.

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[3]]

Editor's Note: This ordinance also renumbered former Subsection E(12) and (13) as E(13) and (14), respectively.

(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]

Lighting.

Standards. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the following requirements:

Only shielded light fixtures shall be used.

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:

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.

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.

Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on top of the sign structure.

All other outdoor lighting shall use shielded light fixtures.

The design and installation of outdoor lighting on a site shall be constructed so as to conform to the following standards:

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.

All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.

All light fixtures shall be designed, installed and maintained to prevent trespass light.

The maximum height of freestanding lights shall not exceed the height of the principal building, or 18 feet, whichever is less.

The style of the light and light standards shall be consistent with the architectural style of the principal building or surrounding area.

Freestanding lights shall be so located and protected to avoid being damaged by vehicles.

The maximum illumination at property lines shall be 0.1 footcandle at grade.

All wiring shall be laid underground.

Screening of exterior mechanical equipment.

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.

Ground level utilities shall be screened so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.

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.

Storage and disposal of waste.

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.

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.

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.

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.

Refuse and recycling collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.

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.

Refuse and recycling collection areas shall be located to provide clear and convenient access to refuse collection vehicles.

Medical, hazardous or other regulated waste shall meet the state and federal standards for such materials.

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.

Recycling facilities for new multifamily housing developments.

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.

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.

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.

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.

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.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Signs.

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.

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.

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.

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.

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.

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.

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.

Insurance and performance bond.

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.

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.

Signs in residential districts. In residential zoning districts, only the following signs shall be permitted.

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.

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:

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.

The area of any such temporary sign shall not exceed six square feet.

Not more than one such temporary sign shall be placed on any property held in single and separate ownership.

Such temporary signs shall be removed promptly within 10 days after an agreement of sale or rental has been entered into.

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:

The size of such sign shall not exceed 16 square feet.

[Amended 7-7-2014 by Ord. No. 27-2014]

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]

Such sign shall be removed within 10 days after 75% of the building, buildings or subdivided lots have been initially occupied.

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:

The size of any such temporary sign shall not exceed six square feet.

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.

Such signs shall be removed upon completion of work by the mechanic, contractor or artisan.

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:

The size of any such sign shall not exceed 25 square feet.

Not more than one such sign shall be placed on any premises held in single and separate ownership.

Temporary signs advertising political parties or candidates for election may be erected and maintained, provided that:

The size of any such sign is not in excess of four square feet.

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.

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.

Name signs indicating the name of the occupant of a dwelling, provided that:

The size of such sign shall not exceed 144 square inches.

Not more than one such sign shall be erected for each permitted use.

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.

Signs in commercial districts. In commercially zoned districts, signs shall be permitted under the following regulations:

Any sign permitted in any residential district shall be permitted, provided that the use to which it refers is permitted in the commercial district.

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.

Only wall or fascia signs, as defined, are permitted.

Roof signs, freestanding signs, under-canopy signs or marquee signs are prohibited.

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.

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

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.

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.

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.

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.

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.

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.

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.

Additional regulations.

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.

The following signs are prohibited in all zones:

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.

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.

Any sign whose form, character or shape may confuse or dangerously distract the attention of the operator of a motor vehicle.

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.

[9]

Mobile signs.

[10]

Vehicular signs.

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.

Signs advertising an establishment or use no longer in existence or a product no longer available shall be removed within 14 days.

Changeable copy signs shall not be permitted unless the sign relates to a movie theater, religious institution or public school.

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.

Permanent project identification signs for multifamily residential developments shall be limited as follows:

If there is only one street frontage, a single sign is permitted, not to exceed 21 square feet in area.

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.

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.

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:

Change of size or configuration of sign.

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.

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.

Streetscaping.

[Added 10-4-2018 by Ord. No. 24-2018]

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.[4])

Editor's Note: Appendix C is included as an attachment to this chapter.

Decorative pavers shall be installed from the curb to the property line.

Tree grates and frames shall be provided for all trees planted within the right-of-way.

Where streetscaping is required, trees may be planted adjacent to the street curb.

Decorative sign posts and signage shall be installed at street intersections.

Decorative streetlights shall be installed within the right-of-way.

Waterfront Special District.

[Added 10-4-2018 by Ord. No. 24-2018]

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.

All bulkheads shall be designed with the top of the bulkhead at elevation 8.0 (NAVD 88).

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]

Third-floor decks must be partially hidden from view with a pent roof 2/3 of the required railing height.

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.

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.

Third-floor decks may not extend further out than any deck below, including the pent roof.

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.

Third-floor decks shall not have any solid roof unless within the defined building envelope.

§ 175-27 (Reserved) [1]

Editor's Note: Former § 175-27, Supplemental design standards in Overlay District, was repealed 10-4-2012 by Ord. No. 16-2012.

§ 175-28 Performance standards.

General applications.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the performance standards contained herein. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.

The regulations contained in this section shall not apply to one- and two-family dwellings.

Regulation of nuisance elements.

The determination of the existence of nuisance elements shall be made to the following locations:

Nuisance Characteristic		Location of Test
Smoke		Vent or smokestack
Air pollution, including solid particles or fly ash		Vent or smokestack
Odors		Property line
Liquid waste		Property line
Solid waste		Property line
Noise		Property line
Vibration		Building wall
Glare		Property line
Trespass Lighting		Property line
Temperature change:		Vent or smokestack; property line
	Gas, liquid or solid

Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.

Standards to be enforced.

Air pollution.

General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the City. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code, (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.

Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provide, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. Smoke emissions from the combustion of fuel and mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in N.J.A.C. 7:27.

No open burning shall be permitted in any district.

Wastes.

Liquid wastes. No liquid waste shall be discharged into any watercourse in the City without all necessary permits from the New Jersey Department of Environmental Protection (NJDEP). No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate City official shall have first investigated the character and volume of such wastes and shall have certified that the City will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.

Solid waste. Each property owner shall be responsible for:

Adequate and regular collection and removal of all refuse, except where the City assumes such responsibility.

Compliance with all applicable provisions of the NJDEP.

Compliance with all provisions of Title 7, Chapter 26, of the N.J.A.C., where applicable.

No accumulation on the property of any junk or other objectionable materials except in designated trash receptacles.

Noise. All applications shall comply with the provisions of N.J.A.C. 7:29.

Vibration. In any zone, vibrations discernible without instruments at the measuring location shall not be permitted.

Glare. No single standard for glare is promulgated in this chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure. Necessary glare-producing devices such as glazing, roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.

Trespass lighting: All applications shall comply with the provisions of this article.

Temperature change. Any use or process shall not produce a temperature change greater than 3° C at the measuring location.

Fire and explosive hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:

Approval of the use, structure, process or resulting product or material from the State Department of Labor indicating that adequate safeguards against fire and explosion have been taken or installed.