A.
Accessory buildings as part of principal buildings. Any accessory
building attached to a principal building shall be considered part
of the principal building and shall maintain all of the required setbacks
for the principal building.
B.
Distance between adjacent buildings. The minimum distance between
any detached garage and principal building on the same lot shall be
25 feet.
C.
Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article IV.
D.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
E.
Garage ceiling height. All garages shall contain a minimum first-floor
ceiling height of nine feet.
[Added 3-9-2020 by Ord.
No. 3-2020]
[Amended 5-9-11 by Ord. No. 6-2011; 10-22-12 by Ord. No. 10-2012; 3-9-2020 by Ord. No. 3-2020]
A.
Installation
of trees and/or hedges that form a fence-like barrier, both new and
replacement of existing, requires a site development permit and zoning
approval from the Zoning Office prior to installation.
B.
Installation
or replacement of material of any kind, including trees, bushes, plant
arrangements in any form, retaining walls, walkways, etc., located
in the Borough right-of-way adjacent to all properties in the Borough
of Avon-by-the-Sea requires a site development permit and zoning approval
from the Zoning Office prior to installation.
C.
Landscaping. Landscaping plans shall be provided for all site plans
in accordance with the following requirements:
(1)
All areas in a development not used for construction of buildings,
roads, accessways, parking or sidewalks shall be fully landscaped
in accordance with these regulations.
(2)
All landscape plans shall have a schedule of the Latin and common
name, the quantity, the size, spacing and method of planting of each
plant material.
(3)
A minimum landscaped area of five feet wide shall be provided along
all property lines including public streets.
(4)
Parking areas and other strictly utilitarian improvements shall be
screened as fully as practicable.
(5)
All street trees and on-site deciduous shade trees shall not be less
2.5 inches in diameter measured one foot above the root crown.
(6)
In the event that any required plantings do not live within one year
of planting, they shall be replaced by the developer prior to the
end of the next planting season.
(7)
A minimum of 10% of the total lot area shall be landscaped.
D.
Additional requirements for hedges and vegetation for all parcels
in all zones.
(1)
All hedges, trees or shrubs shall be properly cut, trimmed and maintained
by the owner of the property on which the base of the plant is located.
(2)
No hedge shall be allowed within 15 feet of the curb bordering the
premises, except as otherwise required or permitted in this chapter.
No hedge row, that forms an organic fence-like barrier, shall be permitted
along lot lines in a front yard, with the exception that hedges and
plantings are permitted in the area adjoining a porch or dwelling.
(3)
All trees, shrubs, and other vegetation overhanging the sidewalk
and/or the public way, such as streets and lanes, shall be trimmed
for clearance thereunder of not less than seven feet in height. The
property owner whose property abuts the Borough right-of-way is required
to maintain the landscaping and sidewalks located in the right-of-way.
All shrubs and plantings shall be trimmed and maintained to a minimum
of one foot from the street and sidewalk.
(4)
No vegetation, with the exception of street trees that are trimmed
for a clearance thereunder of not less than seven feet, shall exceed
2.5 feet in height within any sight triangle. "Sight triangles" are
defined as:
(5)
No "organic fence" (see definition) or row or cluster of three or
more trees or shrubs that exceed four feet in height, or hedges that
exceed four feet in height, will be allowed between a street and the
closest wall of a principal building unless otherwise permitted in
this chapter.
(6)
No row or cluster of three or more trees or shrubs that exceed 10
feet in height, or hedges that exceed 10 feet in height, will be allowed
in any side or rear yard unless otherwise required or permitted in
this chapter. For the purpose of this section, "row or cluster" shall
describe an arrangement forming a fence-like barrier.
E.
Fences on all parcels in all zones shall be subject to the following
requirements.
(1)
No fence of any type or material whatsoever shall be erected or constructed
without obtaining a zoning permit. Installation of fencing, both new
and replacement of existing, requires a site development permit and
zoning approval from the Zoning Office prior to installation. An existing
fence may be replaced provided that the replacement of the fence is
of the same type and style, is situated in the same location, is of
the same height which cannot exceed the height limitations as set
forth in 113-18E.
[Amended 4-25-2022 by Ord. No. 08-2022]
(2)
No fence shall exceed four feet in height, except that a fence not
in excess of six feet (5+1 maximum) in height may be permitted along
the side lines up and along the rear property line commencing from
the rear of the dwelling for the purpose of enclosing the rear yard.
All fences shall be properly supported and braced and shall not be
electrically charged, spiked or barbed-wired. All gate openings must
be not less than three feet in width.
(3)
All fences shall be symmetrical in appearance, posts separated by
identical distances and fencing confirming to definite pattern and
size of uniform design, separation for open construction. The same
shall be kept in good repair, regularly painted, good appearance and
clean condition. The finished side of all fences and walls shall be
constructed to face toward the adjacent property.
(4)
No solid architectural fence shall be permitted above five feet high except as specifically required by § 113-29B of this chapter. For the purpose of this requirement, a solid architectural fence shall mean any fence where the structural components form a solid physical barrier. Examples of such fences include a stockade or solid vinyl fence. Fences may be permitted up to a height of six feet provided that, at a minimum, any portion of the fence above five feet in height shall consist of a screening material such as lattice.
(5)
No fence shall be allowed within 20 feet of the intersection of any
road, or located between a street and the wall of the first floor
of a principal building.
(6)
Fences shall be permitted between the principal building and a river
or lake, provided the fence does not exceed four feet in height. A
solid fence may be permitted up to a maximum height of three feet.
Any fence above three feet in height shall be an open fence, or a
three-foot-tall solid fence may contain up to one foot of open lattice
on top to reach a maximum height of four feet. Organic fences shall
be kept trimmed to a maximum of four feet.
A.
All parking areas, walkways thereto and appurtenant passageways and
driveways, serving commercial, public office, industrial, garden apartments,
townhouses and other similar uses having off-street parking and loading
areas, and building complexes requiring area lighting, shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation. The lighting plan in and around the parking areas
shall provide for non-glare, color-corrected lights focused downward
and properly shielded.
B.
The light intensity provided at ground level shall be a minimum of
three-tenths foot candle anywhere in the area to be illuminated, shall
have a minimum average of five-tenths (.5) foot candle over the entire
area and shall be provided by fixtures with a mounting height not
to be more than twenty (20) feet measured from the ground level to
the center line of the light source or the height of the building
if attached, whichever is lower.
C.
Any other outdoor lighting, such as building and sidewalk illumination,
driveways with no adjacent parking and ornamental light, shall be
shown on the lighting plan in sufficient detail to allow determination
of the effects to adjacent properties, traffic safety, and overhead
sky glow.
D.
The objective of these specifications is to provide safe and adequate
on-site lighting and to minimize undesirable off-premises effects.
No light shall shine directly into windows or onto streets and driveways
in such manner as to interfere with or distract driver vision. No
multiple string lights, except holiday lighting, shall be permitted
in any zone to illuminate or attract whether in parking areas, display
areas, or yard areas.
E.
To achieve these requirements, the intensity of such light sources,
light shielding, and similar characteristics shall be subject to site
plan approval by the municipal agency.
F.
All light stanchions or poles shall be located within a curbed, landscaped
island.
A.
The lawful use of land or structures existing at the date of adoption
of this chapter, as amended, may be continued although such use or
structure is non-conforming to the provisions specified in this chapter,
as amended, for the zoning district in which such use or structure
is located except as provided by law.
B.
Any nonconforming use or structure which has been changed to a conforming
use or structure shall not be changed back again into a non-conforming
use or structure.
C.
Any nonconforming use, structure or lot may change ownership and
continue to function as the same non-conforming use, structure or
lot provided all other provisions of this chapter and other applicable
laws are met.
D.
Repairs and maintenance work required to keep a structure in sound
condition may be made to a nonconforming structure or a structure
containing a nonconforming use. No structure containing a nonconforming
use shall be enlarged, extended, constructed, reconstructed or structurally
altered in any manner without an appeal to the Planning Board. Any
improvement to a seasonal nonconforming use that would alter the seasonal
nature of the use would also require approval of the Planning Board.
E.
A prior nonconforming structure may be structurally altered if such
alteration neither increases the existing nonconformity nor creates
a new violation.
F.
No part of the first floor or street floor of any garage or storage
building shall be used for living or dwelling purposes.
A.
General provisions.
(1)
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 113-19.
(2)
Surfacing, curbing and driveway locations.
(a)
Where a site plan is required, all parking and loading areas
and access drives shall be paved as determined by the Borough Engineer
and Board and approved as part of the site plan approval. All parking
areas, regardless of size and location, shall be suitably drained
and maintained.
(b)
Where a site plan is required, off-street parking and loading
areas shall be provided with curbing or curb stops so that vehicles
cannot be driven onto required perimeter landscaped areas, buffer
zones and street right-of-ways and so that each parking and loading
area has controlled entrances and exits and drainage control. Curbing
or wheel stops shall be located to prevent any part of a vehicle from
overhanging internal and public sidewalks or landscaped areas. Parking
and loading spaces shall not be an extension of any street right-of-way.
(c)
Driveways for residential uses that do not require site plan
approval shall be paved with bituminous concrete, Portland cement,
concrete pavers, a compacted stone or gravel surface, or a similar
surface. Parking and driveways shall not consist of lawn or similar
surfaces. Any residential use that abuts a lane shall have driveway
access from the lane only.
(d)
Any driveway containing a gravel or similar surface shall contain
a five-foot minimum hardened surface (bituminous, concrete, pavers
or similar) apron separating the gravel from the public way (lane,
sidewalk, etc.). Further, any gravel or similar surface shall be maintained
from migrating onto the right-of-way and becoming a public nuisance.
[Added 3-9-2020 by Ord.
No. 3-2020]
(e)
For the purposes of calculating impervious lot coverage, a minimum
area of nine feet by 18 feet shall be required for each off-street
parking space if the actual size of the "driveway" is less than this
area. All plans must indicate the location of all required off-street
parking spaces.
[Added 3-9-2020 by Ord.
No. 3-2020]
(3)
Location of parking spaces. All required off-street parking spaces
shall be located on the same lot or premises as the use served. Plans
shall delineate the location of all required parking spaces. Parking
in front yards is prohibited.
[Amended 3-9-2020 by Ord.
No. 3-2020]
(4)
Type of facility.
(a)
Parking spaces may be on, above, or below the surface of the
ground. When parking spaces are provided within a garage, or other
structure, said structure shall adhere to the proper accessory or
principal building setbacks, as applicable.
(b)
Parking may occupy front, side and rear yard areas subject to
site plan approval. The provisions of parking and loading spaces shall
also include adequate driveway and necessary turning areas for handling
the vehicles for which provision is made. Aisles providing access
to parking spaces shall have the following minimum dimensions. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
For parking spaces nine feet wide:
|
Angle of Parking
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
|---|---|---|
|
90°
|
24
|
24
|
|
60°
|
18
|
N/A
|
|
45°
|
13
|
N/A
|
|
30°
|
11
|
N/A
|
|
Parallel
|
12
|
24
|
B.
Specified requirement for number of parking spaces. Each individual
use shall provide parking spaces according to the following provisions.
Where a permitted use of land includes different specified activities
with different specific parking requirements, the total number of
required parking spaces shall be obtained by individually computing
the parking requirements for each different activity and adding the
resulting numbers together.
(1)
Residential dwelling units - residential developments: as per N.J.
Residential Site Improvement Standards. All residential lots in the
Single-Family Residential District shall contain a minimum of two
off-street parking spaces per residential unit.
[Added 3-9-2020 by Ord.
No. 3-2020]
(2)
Retail and service activities, banks and offices shall provide parking
at the ratio of five spaces per 1,000 square feet of gross floor area.
(3)
Restaurants shall provide a minimum of one parking space from every
four indoor seats, but in all cases, a sufficient number of spaces
to prevent any parking along public rights-of-way or private driveways,
fire lanes and aisles. (Note: Outdoor seating in the General Commercial
and Downtown Commercial Districts is exempt from this requirement.)
C.
Loading space required.
(1)
Specified requirement for number of loading spaces. Each individual
site containing retail or industrial use shall provide a loading space.
(2)
The minimum size of the required loading space shall be 10' x 30'
on all sites less than 15,000 square feet in area, and 10' x 45' for
all sites greater than 15,000 square feet in area.
[Amended 5-9-2011 by Ord. No. 6-2011; 5-24-2021 by Ord. No. 11-2021]
An application for a permit shall provide documentation that
the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any use of any structure.
A.
Drainage. No storm water or natural drainage that originates on the
property or water generated by the activity, e.g., air conditioners,
swimming pools, shall be diverted across property lines unless transported
in an approved or existing drainage system.
(1)
Roof
leader. Roof leaders may discharge through the curb of the street
or tie directly to a stormwater inlet. If the property has no direct
access to the street, roof leaders may spill into the lane. All drainage
for roof leaders must be shown on a drainage plan.
(2)
Sump
pump. Sump pump discharge must not be directly through curb. All sump
pumps must discharge into a recharge trench with pop-up emitter on
private property and shown on a grading plan.
B.
Electrical and/or electronic radiation control. All electrical or
electronic devices located within the boundaries of a dwelling unit;
manufacturing industrial or commercial building; medical clinic; or
professional office, shall be subject to the provisions of Public
Law 90-602, 90th. Congress, HR 10790, dated October 18, 1968, entitled
"An Act for the Protection of Public Health and Safety from the Dangers
of Electronic Product Radiation". Radiation products, as defined in
DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled
so that no measurable energy can be recorded at any point beyond the
property boundaries. Applicant shall, upon request, produce certified
data wherein measurements made in accordance with the procedure and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance to the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100
kHz and 10 gHz shall be restricted to the technical limits established
in the Federal Communication Commission's Rules and Regulations.
C.
Glare. No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining dwelling units, adjoining districts or streets.
D.
Heat. No use shall produce heat perceptible beyond its lot lines.
E.
Noise. Noise levels shall be designed and operated in accordance
with local regulations and those rules established by the New Jersey
State Department of Environmental Protection as they are adopted and
amended.
F.
Odor. Odors shall not be discernible at the lot line or beyond.
G.
Storage and Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source or water supply or recreation,
or which will destroy aquatic life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards, provided however that indoor storage of
materials for commercial purposes is prohibited in residential zones.
H.
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses nor contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans for any use shall be permitted
to discharge exhausted air unless set back from all property lines
ten (10) feet or equipped with baffles to deflect the discharged air
away from the adjacent use.
I.
Vibration. There shall be no vibration that is discernible to the
human sense of feeling beyond the immediate lot.
J.
Grade change. Existing, natural grading on a lot may not be significantly
changed (more than one foot) for the purpose of increasing allowed
building structure and is not to negatively impact the adjacent properties.
K.
Stormwater
recharge required. All new structures or additions 750 sf or greater
shall be piped directly to dry wells. The dry well shall be sized
to have a volume of one cf for every 12 sf of roof area of the proposed
structure
L.
Basements.
Basement floor slabs shall be a minimum of one foot above the seasonal
high groundwater elevation to be determined via a minimum of two soil
borings and signed by a professional engineer unless the basement
is designed to be watertight and suitably anchored and structurally
designed to resist the hydrostatic pressure. All applications proposing
a basement floor elevation less than one foot above the seasonal high
groundwater elevation shall include signed and sealed calculations
and structural details prepared by a professional engineer licensed
in the State of New Jersey certifying the structural design.
Unless otherwise specified for a particular zoning district,
no more than one (1) principal structure shall be permitted on one
(1) lot.
A.
General provisions. No sign may be placed on or attached to a building
or erected independently for any purpose other than to advertise a
permitted business or use conducted on the same premises. No signs
shall be erected, altered or replaced which are not in accordance
with the standards established in this chapter. The erection of any
permanent sign shall require a construction permit. No sign of any
type shall be permitted to obstruct driving vision, traffic signals,
traffic directional and identification signs, other places of business,
other signs or windows of the building on which they are located.
No sign shall be attached to trees, fence posts, stumps, utility poles
or other signs, but shall be free-standing or attached to buildings
in an approved manner.
(1)
Animated, flashing and illusionary signs. Signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement are prohibited.
(2)
Height: No freestanding or attached sign shall be higher at any point
than the roof line of the building, except that no sign shall exceed
any lesser height if particularly specified, and no sign shall project
beyond a building in a manner placing it above an area traversed by
motor vehicles such as, but not limited to, driveway and parking areas.
Where signs project beyond a building facade or wall over a pedestrian
way, the lowest portion of the sign shall be at least 10 feet above
the walkway.
(3)
Freestanding signs shall be supported by one or more columns or uprights
that are firmly embedded in the ground. Exposed guy wires, chains
or other connections shall not be made a permanent support of the
freestanding sign.
(4)
Illuminated signs shall be arranged as to reflect the light and glare
away from adjoining premises and away from adjoining highways. No
sign with red, green or blue illumination in a beam, beacon or flashing
form resembling an emergency light shall be erected in any location.
(5)
Information and direction signs. Street number designations, postal
boxes, on-site directional and parking signs and warning signs are
permitted in all zones but are not to be considered in calculating
sign area. No such sign shall exceed one square foot in area.
(6)
Maintenance. Signs must be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated.
(7)
Portable signs. No sign shall be exhibited which is portable, i.e.,
fixed on a movable stand, self-supporting without being firmly embedded
in the ground, supported by other objects, mounted on wheels or movable
vehicles, or made easily movable in some other manner.
[Added 3-9-2020 by Ord.
No. 3-2020]
(8)
Temporary real estate signs. Signs temporarily advertising the sale,
rental or lease shall be attached to the principal structure or embedded
in the ground within 10 feet of the principal structure. Such signs
shall not exceed four square feet in area and shall be removed at
the expense of the advertiser within 30 days after the termination
or completion of the matter or business being advertised. "Sold" signs
shall be permitted between the signing of the contract of sale and
the date of legal closing. All such signs do not need a construction
permit and are hereby permitted in all zones.
(9)
Sign area. The area of a sign shall be measured around the outside
edges of a framed or enclosed sign or by the area utilized by isolated
words and/or symbols, including the background, whether open or enclosed,
but said area shall not include any supporting framework and bracing
incidental to the display itself.
(10)
Signs with two exposures. Such signs shall be measured for area
by using the surface of one side of the sign only. Both sides may
be used.
(11)
Temporary signs. Interior window signs shall not be considered
in computing the allowable signs provided, however, that such interior
signs shall not exceed 20% of the total window area.
(12)
Wall fascia or attached signs shall be firmly attached to the
exterior wall of a building and shall not project more than six inches
from the building.
(13)
Political signs. Temporary political signs may be erected or
displayed on any portion of the principal structure or embedded in
the ground within 10 feet of the principal structure. Such signs shall
not exceed four square feet in area and shall not be displayed on
or before 14 days prior to the date set for the holding of the election
at which the candidate or candidates are to be nominated or elected,
or a referendum is to be held, and must be removed from the premises
not later than three days after said election. Such signs are permitted
in all zones.
B.
Permitted signs. The following signs are permitted for uses as specified in Article IV of this chapter.
(1)
Residential District.
(a)
Churches, schools and public uses: one (1) free-standing sign
not exceeding twenty (20) square feet in area and ten (10) feet in
height and set back at least eight (8) feet from all street rights-of-way
and lot lines, or one (1) attached sign not exceeding twenty (20)
square feet in area.
(2)
General Commercial, Mixed Office/Residential, and Downtown Commercial
Districts.
(a)
Free-standing signs.
(i)
One (1) such sign shall be permitted on each lot. No free-standing
sign shall have a total height greater than twenty (20) feet above
the level of the street on which the sign faces. The bottom edge of
the sign shall not be less than ten (10) feet above the ground, and
the background area of the sign shall not exceed twenty (20) square
feet on any one (1) surface.
(ii)
No portion of any free-standing sign shall be
located within or be suspended over a public right-of-way or pedestrian
walk.
(iii)
No free standing sign shall be within ten (10)
feet of a public right of way.
(b)
Wall signs. One (1) such sign shall be permitted for each business
establishment. No wall sign shall exceed five (5%) percent of the
area of the façade on which it is located, or exceed twenty
(20) square feet in total background area, whichever is less. No wall
sign shall be permitted on the side or rear of buildings.
(c)
The Construction Official shall have the power and authority
to inspect said sign boards of advertising signs and if, in the judgment
of said Construction Official, any sign shall be considered dangerous
or unsafe, he shall notify the owner or occupant of said building
in writing, to make the sign safe or remove said sign within three
(3) days from the date of service of said notice, and failure of the
owner or occupant of said building to comply with the order of said
Construction Official shall be deemed a violation of this chapter.
(d)
Every sign or other advertising structure, lawfully in existence
upon the adoption of this chapter, if damaged or destroyed more than
fifty (50%) percent shall not be repaired, altered or moved unless
it is made to comply with the provisions of this section.
(e)
Temporary political signs as permitted in 113-24A(13) above.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear or side yard areas only and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district, except that in no case may a swimming pool be located closer than ten (10) feet to any lot line or any building.
B.
A swimming pool shall occupy no more than seventy-five (75%) percent
of the yard area in which it is located.
C.
All outdoor swimming pools shall be enclosed by a substantial fence
in accordance with the requirements of the New Jersey Uniform Construction
Code.
A.
No open space provided around any principal building for the purposes
of complying with the front, side, rear, or other yard provisions
of this chapter shall be considered as providing the yard provisions
for any other principal building.
B.
Any structure located on a corner lot shall be set back from both
streets at least the required front yard setback.
