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