A. 
The Zoning Officer shall administer and enforce the zoning provisions of this chapter and shall be responsible for issuing zoning permits. No zoning permit shall be issued unless the proposal complies with this chapter. A zoning permit shall be issued prior to the issuance of a construction permit by the Construction Official.
B. 
No certificate of occupancy for a new use of an existing structure shall be issued unless there is an approved zoning permit. All changes in occupancy of an existing structure which do not involve residential uses shall require a zoning permit, which shall certify that the use complies with zoning laws of the City. Prior to the issuance of a zoning permit for a change in occupancy, the Construction Official shall issue a certificate of continued occupancy which certifies that the building, structure and premises conform with the Uniform Construction Code of the State of New Jersey.[1]
[1]
Editor's Note: See Ch. 210, Construction Codes, Uniform.
C. 
It shall be the duty of the Zoning Officer, with the advice of the City Engineer or Joint Land Use Board Engineer, to enforce the provisions of subdivision and site plan approvals.[2]
[Amended 7-9-2019 by Ord. No. 2019-06]
[2]
Editor's Note: See also Ch. 477, Site Plan Review, and Ch. 520, Subdivision of Land.
D. 
A zoning permit shall be issued or denied within 10 days of the date of a complete submission, and the work shall be commenced within one year after the issuance of the permit as provided in this chapter; otherwise, the permit shall be void.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
No building or structure may be erected, altered or used, and no lot or premises may be used, for any use which is likely to create conditions of hazards, smoke, fumes, noise, odor or dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such fire safety conditions as are approved by the Construction Official. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed use, facility or operations shall not:
(1) 
Constitute a public nuisance beyond the boundary of the site on which the use is located by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2) 
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located.
(3) 
Endanger surrounding areas by reason of fire or explosion.
(4) 
Produce objectionable heat or glare.
(5) 
Result in electrical disturbances in nearby residences.
(6) 
Contribute to the pollution of waters.
(7) 
Create an objectionable traffic condition on the street or in an adjacent area.
(8) 
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B. 
All uses not expressly permitted in this chapter are prohibited.
C. 
The following uses are expressly prohibited:
(1) 
Junkyards and junk business or automobile junkyards or wrecking yards.
(2) 
Sanitary landfills, garbage dumps, refuse dumps, disposal sites for solid and liquid materials and dumps for hazardous wastes.
(3) 
Acetylene manufacture or warehouse storage.
(4) 
Asphalt or coal tar manufacture or refining.
(5) 
Creosote manufacture or treatment.
(6) 
Celluloid manufacture or storage or rubber manufacture.
(7) 
Fat rendering or soap, tallow, grease or lard manufacture or refining.
(8) 
Abattoirs or stockyards.
(9) 
Animal black, lampblack or bone black manufacture.
(10) 
Crematories.
(11) 
Oilcloth or linoleum manufacture.
(12) 
Potash works.
(13) 
Gas manufacture or storage in excess of 10,000 cubic feet.
(14) 
Match manufacture.
(15) 
Sexually oriented businesses.
(16) 
Tanning, curling or storage of rawhides.
(17) 
Tar distillation or manufacture.
(18) 
Petroleum refining or processing.
(19) 
Storage of gasoline or petroleum products in excess of 10,000 gallons above ground.
(20) 
Fertilizer manufacture.
(21) 
Explosive manufacture or storage, including, but not limited to, gunpowder, fireworks, etc.
(22) 
Manufacture or warehouse storage of combustible inflammable or volatile materials; those uses which may be noxious or offensive by reason of the emission of odor, gas, smoke, dust, vibration or noise; and those uses which constitute an unusual fire or explosive hazard.
(23) 
The keeping or maintaining of poultry, pigeons and livestock, except dogs and cats, is prohibited, with the limitation of not more than three adult cats and/or dogs.
(24) 
Storage or use of motor vehicle, trailer or other type of vehicle for residential or commercial purposes on vacant lot or unoccupied lot or portion thereof, except temporarily (15 days) on a lot used for temporary parking of automobiles.
(25) 
Rooming houses or boardinghouse(s).
[Added 6-27-2023 by Ord. No. 2023-7]
(26) 
Bed-and-breakfast(s).
[Added 6-27-2023 by Ord. No. 2023-7]
A. 
The lawful use of land existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
B. 
The lawful use of a building or structure existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
C. 
Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use or revert to its former nonconforming use.
D. 
Whenever a nonconforming use of a building or structure or portion thereof has been abandoned, such nonconforming use shall not thereafter be reestablished, and the future use shall conform to the provisions of this chapter.
E. 
Whenever a nonconforming building or structure has been totally destroyed, it shall not be rebuilt, and a building or structure conforming to this chapter shall be built.
[Amended at time of adoption of Code (See Ch. 1, General Provisions, Art. I)]
The following uses shall be conditionally permitted when all specific requirements for each respective conditional use set forth herein have been met:
A. 
Apartments over the first floor of commercial establishments, offices and facilities permitted as principal uses in the C-1 and C-2 Zoning District.
(1) 
As an incentive for developers and landlords to create and rehabilitate apartments over nonresidential uses permitted as principal uses in the C-1 and C-2 Zoning Districts, the creation of additional apartments over such nonresidential uses shall be permitted, provided that the newly created apartment units are affordable and have affordability controls established pursuant to regulations promulgated by the New Jersey Department of Community Affairs; the existing market rate apartment units are rehabilitated to satisfy the provisions of N.J.A.C. 5:23; and that all apartment units meet the following minimum floor area requirements:
(a) 
Studio units shall have a minimum livable floor area of 500 square feet.
(b) 
One-bedroom units shall have a minimum livable floor area of 600 square feet.
(c) 
Two-bedroom units shall have a minimum livable floor area of 700 square feet.
(d) 
Three-bedroom units shall have a minimum livable floor area of 800 square feet.
(2) 
New apartment units created in existing buildings over first floor nonresidential principal uses permitted in the C-1 and C-2 Zoning Districts where apartments do not currently exist shall conform to the minimum floor area requirements set forth in § 600-10A(1)(a) through (d).
(3) 
New apartment units created in new buildings over first floor nonresidential principal uses permitted in the C-1 and C-2 Zoning Districts shall conform to the minimum floor area requirements set forth in § 600-10A(1)(a) through (d).
(4) 
Apartment units shall have an entrance separate from the entrance to the first floor nonresidential principal use.
(5) 
Minimum on-site parking shall comply with the provisions set forth in § 600-14A.
B. 
Automobile and truck leasing facilities.
(1) 
All requirements provided in § 600-10O shall be required for automobile and truck leasing facilities.
(2) 
No major repairs of vehicles, including but not limited to rebuilding engines and transmissions, body work and painting, repairs to correct collision damage, and other similar repairs and work, shall be permitted on-site; regular maintenance and minor repairs shall be permitted on-site.
C. 
Automobile service stations and automotive repair services and garages.
(1) 
Minimum lot area shall be 20,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 100 feet.
(4) 
Minimum front yard setbacks:
(a) 
To buildings and structures shall be 50 feet.
(b) 
To canopies over fuel dispensing islands shall be 10 feet.
(c) 
To fuel dispensing islands shall be 25 feet.
(5) 
Minimum side yard setbacks:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To canopies over fuel dispensing islands shall be 25 feet.
(c) 
To fuel dispensing islands shall be 30 feet.
(6) 
Minimum rear yard setbacks:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To canopies over fuel dispensing islands shall be 25 feet.
(c) 
To fuel dispensing islands shall be 40 feet.
(7) 
Maximum building and structure height, including canopies over fuel dispensing islands, shall be 25 feet and 1 1/2 stories.
(8) 
Maximum lot coverage shall be 80%.
(9) 
Vehicles waiting to be serviced shall be parked in the side and rear yards. No wrecked or inoperable vehicles shall be stored on-site.
(10) 
Minimum landscape buffer areas:
(a) 
Along side and rear yards abutting residential zoning districts and uses shall be 15 feet in width and shall have a solid, six-foot-high fence ending 20 feet from the street line.
(b) 
Along side and rear yards abutting nonresidential zoning districts and uses shall be 10 feet in width.
(c) 
Along the street line shall be five feet in width and shall consist of plant material that is maintained at a height no greater than three feet.
(d) 
All landscape buffer areas shall be designed and installed pursuant to § 600-15.
(11) 
Minimum on-site parking: two parking spaces, either within or without the building or structure, for each 200 square feet of floor area devoted to repair or service facilities; one parking space for each employee during peak shift; and at least five parking spaces for parking vehicles waiting to be serviced.
(12) 
Minimum on-site loading. Adequate space shall be provided on-site for the off-loading of fuels from a delivery truck to on-site storage tanks.
D. 
Automobile wash.
(1) 
Minimum lot area shall be 40,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum front yard setback to buildings and structures shall be 50 feet.
(5) 
Minimum side yard setback to buildings and structures shall be 30 feet.
(6) 
Minimum rear yard setback to buildings and structures shall be 50 feet.
(7) 
Maximum building and structure height shall be 25 feet and 1 1/2 stories.
(8) 
Maximum lot coverage shall be 70%.
(9) 
No wrecked or inoperable vehicles shall be stored on-site.
(10) 
Minimum landscape buffer areas shall comply with the provisions set forth in § 600-10C(10).
(11) 
Minimum on-site parking: one parking space for each employee during peak shift and one parking space per outdoor vacuuming station.
(12) 
Minimum stacking. At least 20 spaces per lane shall be provided for each automated washing bay, and at least 10 spaces per lane shall be provided for each self-service washing bay.
(13) 
Water, detergents or liquids used in the washing of automobiles shall be contained within the automobile wash buildings and structures and shall not be permitted to enter into the stormwater management system.
E. 
Body shops.
(1) 
Minimum lot area shall be 20,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum front yard setback to buildings and structures shall be 25 feet.
(5) 
Minimum side yard setbacks:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To parking and automobile storage areas shall be 10 feet.
(6) 
Minimum rear yard setbacks:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To parking and automobile storage areas shall be 10 feet.
(7) 
Maximum building and structure height shall be 35 feet and 2 1/2 stories.
(8) 
Maximum lot coverage shall be 80%.
(9) 
Vehicles waiting to be serviced shall be parked in the side and rear yards.
(10) 
No body repairs to and painting of vehicles shall occur outdoors.
(11) 
Minimum landscape buffer areas shall comply with the provisions set forth in § 600-10C(10).
(12) 
Minimum on-site parking: one parking space for each employee during peak shift and five parking spaces for each repair bay.
F. 
Check cashing facilities.
(1) 
Minimum lot area shall be 20,000 square feet.
(2) 
Minimum lot width shall be 100 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum yard requirements shall conform to those established for the C-2 Zoning District.
(5) 
Maximum height shall be 35 feet and 2 1/2 stories for principal buildings and structures, and 15 feet and one story for accessory buildings and structures.
(6) 
Maximum lot coverage shall be 70%.
(7) 
Landscape buffer areas shall be designed and installed pursuant to § 600-15.
(8) 
Minimum on-site parking: one parking space per 200 square feet of gross floor area.
G. 
Churches and other places of worship.
(1) 
Minimum lot area shall be 40,000 square feet.
(2) 
Minimum lot width shall be 100 feet.
(3) 
Minimum front yard shall be 35 feet.
(4) 
Minimum side yard shall be 20 feet.
(5) 
Minimum rear yard shall be 25 feet.
(6) 
Maximum building and structure height shall be 2 1/2 stories and 35 feet, excluding church spires and belfries.
(7) 
Maximum lot coverage shall be 80%.
(8) 
Off-street parking: one parking space per 60 square feet of floor space devoted to patron use.
(9) 
Landscape buffer areas shall be designed and installed pursuant to § 600-15.
H. 
Construction contractor storage yards, offices and shops.
(1) 
Minimum lot area shall be 40,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum front yard setbacks:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To storage areas shall be 20 feet.
(5) 
Minimum side yard setbacks:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To storage areas abutting residential zoning districts and uses shall be 20 feet.
(c) 
To storage areas abutting nonresidential zoning districts shall be 10 feet.
(6) 
Minimum rear yard setbacks:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To storage areas abutting residential zoning districts and uses shall be 20 feet.
(c) 
To storage areas abutting nonresidential zoning districts shall be 10 feet.
(7) 
All construction contractor storage yards and areas shall be fully enclosed by a solid, eight-foot-high fence and gate.
(8) 
Minimum landscape buffer areas:
(a) 
Along side and rear yards shall be 15 feet in width.
(b) 
Along the street line shall be five feet in width and shall consist of plant material that is maintained at a height no greater than three feet.
(c) 
All landscape buffer areas shall be designed and installed pursuant to § 600-15.
(9) 
Maximum lot coverage shall be 80%.
(10) 
Outdoor storage yards and areas shall be paved with concrete or bituminous concrete, which shall drain to an oil separator/grease trap, sediment trap and stormwater management system designed pursuant to New Jersey Department of Environmental Protection stormwater management rules.
(11) 
Minimum on-site parking: one parking space for each employee at peak shift.
(12) 
Minimum on-site loading: one loading space per 25,000 square feet of indoor and outdoor storage area.
I. 
Funeral homes.
(1) 
Minimum lot area shall be 20,000 square feet.
(2) 
Minimum lot width shall be 100 feet.
(3) 
Minimum front yard shall be 25 feet.
(4) 
Minimum side yard shall be 15 feet.
(5) 
Minimum rear yard shall be 25 feet.
(6) 
Maximum building and structure height shall be 2 1/2 stories and 35 feet.
(7) 
Maximum lot coverage shall be 80%.
(8) 
Off-street parking: one parking space per 60 square feet of floor space devoted to patron use.
(9) 
Landscape buffer areas shall be designed and installed pursuant to § 600-15.
J. 
Home occupations.
(1) 
Home occupations shall be conducted solely by resident occupants of the lot, except that no more than one person not a resident of the building may be employed on the premises at any one time.
(2) 
Home occupations shall be limited to not more than 30% of the total livable floor area of the dwelling unit in which the home occupation is to be situated. The home occupation shall be subordinate and incidental to the principal residential use. In the case of the home occupation being conducted in an accessory structure, the maximum area occupied by the home occupation in such an accessory structure shall be limited to 500 square feet of the floor area of the accessory structure.
(3) 
Home occupational uses:
(a) 
Professional services rendered by attorneys, accountants, bookkeepers, architects, engineers, planners, financial advisors, management consultants, computer consultants and insurance agents.
(b) 
Medical and health services rendered by doctors, dentists, physical therapists, psychiatrists, psychologists, speech therapists, chiropractors and licensed massage therapists.
(c) 
Personal services rendered by barbers, hairdressers, tailors, photographers and day-care centers as regulated in N.J.S.A. 40:55D-66.6 and 40:55D-66.7.
(4) 
No display of products shall be visible from the street.
(5) 
The residential character of the neighborhood and dwelling unit shall not be changed.
(6) 
Signage shall comply with § 600-17C(1)(b).
(7) 
Vehicles used in conjunction with the home occupation shall not exceed the size of a one-ton truck.
(8) 
Home occupations shall not generate light, smoke, glare, noise, and vibrations that are obnoxious and become a nuisance to residential neighbors. No machinery or equipment shall be used that will cause interference with radio, television and satellite reception and other forms of electronic communications in neighboring residences.
(9) 
Hours during which the nonresident employee works on the premises and patrons visit the premises shall be limited to 8:00 a.m. to 5:00 p.m. from Monday through Friday, except day-care facility hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. from Monday through Friday.
(10) 
The home occupation shall be conducted entirely within either the dwelling or accessory building.
(11) 
Minimum on-site parking:
(a) 
The home occupation shall not reduce the parking requirements for the principal residential use.
(b) 
One parking space for the nonresidential employee.
(c) 
One parking space per 200 square feet of floor area dedicated to the home occupation.
(12) 
The home occupation shall not reduce the area, yard and bulk requirements for the principal residential use.
K. 
Hospitals and health care facilities.
(1) 
Minimum lot area shall be five acres.
(2) 
Minimum lot width shall be 500 feet.
(3) 
Minimum lot depth shall be 500 feet.
(4) 
Minimum front yard shall be 50 feet.
(5) 
Minimum side yards shall be 50 feet.
(6) 
Minimum rear yard shall be 50 feet.
(7) 
Maximum building and structure height shall be four stories and 65 feet.
(8) 
Maximum lot coverage shall be 65%.
(9) 
Minimum on-site parking: 1 1/2 spaces per bed.
(10) 
Minimum on-site loading: one loading space per facility.
(11) 
Landscape buffer areas shall be designed and installed pursuant to § 600-15.
L. 
Laundromats.
(1) 
Minimum lot area shall be 20,000 square feet.
(2) 
Minimum lot width shall be 100 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum yard requirements shall conform to those established for the C-2 Zoning District.
(5) 
Maximum height shall be 35 feet and 2 1/2 stories for principal buildings and structures, and 15 feet and one story for accessory buildings and structures.
(6) 
Maximum lot coverage shall be 70%.
(7) 
Landscape buffer areas shall be designed and installed pursuant to § 600-15.
(8) 
Minimum on-site parking: one parking space per 200 square feet of gross floor area.
M. 
Microwave and cellular communications towers and antennas.
(1) 
Minimum setback for microwave and cellular communications towers and antennas to property line abutting residential zones and uses shall be 100 feet.
(2) 
Minimum landscape buffer width shall be 20 feet, shall extend along the entire length of the property lines abutting residential zoning districts and uses, and shall be designed and installed pursuant to § 600-15.
(3) 
Microwave and cellular communications tower and antenna sites shall be secured with a six-foot-high, chain-link fence and locked gate to which the Beverly City Police Department shall be given access, i.e., keys, electronic passes, etc., for emergency purposes.
(4) 
Microwave and cellular communications towers and antennas shall be designed and colored to blend into the skyline as reasonably as possible.
N. 
New and used automobile and truck sales and dealerships.
(1) 
Minimum lot area shall be 40,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum front yards:
(a) 
To buildings and structures shall be 20 feet.
(b) 
To vehicle display, parking and storage areas shall be 10 feet.
(5) 
Minimum side yards:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To vehicle display, parking and storage areas abutting residential zoning districts and uses shall be 20 feet.
(c) 
To vehicle display, parking and storage areas abutting nonresidential zoning districts shall be 10 feet.
(6) 
Minimum rear yards:
(a) 
To buildings and structures shall be 10 feet.
(b) 
To vehicle display, parking and storage areas abutting residential zoning districts and uses shall be 20 feet.
(c) 
To vehicle display, parking and storage areas abutting nonresidential zoning districts shall be 10 feet.
(7) 
Maximum building and structure height shall be 35 feet and 2 1/2 stories.
(8) 
Maximum lot coverage shall be 80%.
(9) 
No wrecked or inoperable vehicles shall be stored on-site.
(10) 
Minimum landscape buffer areas:
(a) 
Along side and rear yards abutting residential zoning districts and uses shall be 15 feet in width and shall have a solid, six-foot-high fence ending 20 feet from the street line.
(b) 
Along side and rear yards abutting nonresidential zoning districts and uses shall be 10 feet in width.
(c) 
Along the street line shall be five feet in width and shall consist of plant material that is maintained at a height no greater than three feet.
(d) 
All landscape buffer areas shall be designed and installed pursuant to § 600-15.
(11) 
Minimum on-site parking: one parking space for each employee during peak shift; one parking space per 300 square feet of building floor area; and one parking space per 20 outdoor vehicle display spaces.
(12) 
Minimum on-site loading: one loading space for the first 10,000 square feet of gross floor area; one additional loading space for gross floor area in excess of 10,000 square feet and up to 40,000 square feet; and one additional loading space for gross floor area in excess of 40,000 square feet.
O. 
Nursing homes, convalescent centers, assisted-living residences, congregate care facilities, and age-restricted housing.
(1) 
Minimum lot area shall be 40,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum front yard shall be the same as required for the zoning district in which the lot is located.
(5) 
Minimum side yard shall be the same as required for the zoning district in which the lot is located.
(6) 
Minimum rear yard shall be the same as required for the zoning district in which the lot is located.
(7) 
Maximum building and structure height shall be 40 feet and three stories.
(8) 
Maximum lot coverage shall be 65%.
(9) 
Minimum on-site parking: one parking space per 1 1/2 beds.
(10) 
Minimum on-site loading: one loading space per facility.
(11) 
Landscape buffer areas shall be designed and installed pursuant to § 600-15.
P. 
Quasi-public buildings.
(1) 
Minimum lot area shall be 20,000 square feet.
(2) 
Minimum lot width shall be 100 feet.
(3) 
Minimum front yard shall be the same as required for the zoning district in which the lot is located.
(4) 
Minimum side yard shall be 10 feet.
(5) 
Minimum rear yard shall be 25 feet.
(6) 
Maximum building and structure height shall be 2 1/2 stories and 35 feet.
(7) 
Maximum lot coverage shall be 80%.
(8) 
Off-street parking: one parking space per 60 square feet of floor devoted to patron use.
(9) 
Minimum on-site parking: one parking space for each employee at peak shift; one parking space per 200 square feet of display and sales area inside buildings; and one parking space per 5,000 square feet of outdoor parts storage area.
(10) 
Minimum on-site loading: one loading space per 10,000 square feet of outdoor parts storage area.
Q. 
Recreation areas.
(1) 
Minimum landscape buffer area adjacent to residential zoning districts or residential use shall be 15 feet wide.
R. 
Schools, for-profit and not-for-profit.
(1) 
Minimum lot area shall be 60,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 300 feet.
(4) 
Minimum front yard setback to buildings and structures shall be 35 feet.
(5) 
Minimum side yard setback to buildings and structures shall be 25 feet.
(6) 
Minimum rear yard setback to buildings and structures shall be 35 feet.
(7) 
Maximum lot coverage shall be 80%.
(8) 
Minimum on-site parking: 1 1/2 spaces per classroom.
(9) 
Minimum on-site loading: one space per facility.
(10) 
Minimum landscape buffer shall be designed and installed pursuant to § 600-15.
S. 
Tattoo parlors and body piercing facilities.
(1) 
Minimum lot area shall be 40,000 square feet.
(2) 
Minimum lot width shall be 200 feet.
(3) 
Minimum lot depth shall be 200 feet.
(4) 
Minimum front yard setback to buildings and structures shall be 75 feet.
(5) 
Minimum side yard setback to buildings and structures shall be 75 feet.
(6) 
Minimum rear yard setback to buildings and structures shall be 75 feet.
(7) 
Maximum lot coverage shall be 50%.
(8) 
Minimum landscape buffer shall be designed and installed pursuant to § 600-15.
(9) 
Minimum on-site parking shall be one parking space per 100 square feet of customer service area and one parking space for each employee during peak shift.
(10) 
Minimum on-site loading: one loading area per 10,000 square feet of gross floor area.
(11) 
No tattoo parlor or body piercing facility shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off-limits to minors. The identification sign shall be no more than 40 square feet in size.
T. 
Townhouses.
(1) 
Minimum lot area shall be 20,000 square feet for townhouses sharing a common lot or prior to being subdivided into lots for individual dwelling units.
(2) 
Minimum lot width shall be 200 feet for townhouses sharing a common lot or prior to being subdivided into lots for individual dwelling units.
(3) 
Minimum lot depth shall be 100 feet.
(4) 
Minimum front yard for principal buildings shall be 25 feet.
(5) 
Minimum side yard for end dwelling units in principal buildings shall be six feet.
(6) 
Minimum rear yard for principal buildings shall be 25 feet.
(7) 
Minimum yard requirements for accessory buildings and structures:
(a) 
Side yard shall be four feet.
(b) 
Rear yard shall be four feet.
(8) 
Maximum building height for principal buildings shall be 35 feet and 2 1/2 stories.
(9) 
Maximum building height for accessory buildings and structures shall be 15 feet and one story.
(10) 
Maximum number of dwelling units in each townhouse building shall be eight.
U. 
Utility structures and facilities.
(1) 
Minimum side and rear yards:
(a) 
Fifteen feet for structures and buildings 20 feet high or less.
(b) 
Twenty-five feet for structures and buildings greater than 20 feet high and less than 35 feet high.
(c) 
For structures and buildings greater than 35 feet high, 25 feet plus one foot per each foot in excess of 35 feet high.
(2) 
Minimum landscape buffer area along property lines:
(a) 
Five feet wide for structures and buildings 20 feet high or less.
(b) 
Ten feet wide for structures and buildings greater than 20 feet and less than 35 feet high.
(c) 
Fifteen feet wide for structures and buildings greater than 35 feet high.
(d) 
All landscape buffer areas shall be designed and installed pursuant to § 600-15.
In any district, those areas undeveloped or unimproved may be used for agricultural purposes until such time as such areas are developed or improved, provided that the keeping and maintaining of poultry, pigeons and livestock, except for a combined total of three adult dogs and/or adult cats, is expressly prohibited.
[Amended 10-8-2019 by Ord. No. 2019-10; 11-28-2023 by Ord. No. 2023-14]
A. 
Any accessory building or structure attached to a principal building or structure is part of the principal building or structure and shall adhere to the setback requirements for the principal building or structure, except as provided below.
(1) 
Elevated decks attached to principal structures shall comply with the following setbacks along common party walls of principal structures, regardless of whether the principal structures are located on a common lot or separate lots:
(a) 
Single-family or one-family attached dwellings. Minimum side yard setback shall be four feet from the extended center line of the party wall.
(b) 
Rowhouse. Minimum side yard setback shall be four feet from the extended center line of the party wall.
(c) 
Townhouse. Minimum side yard setback shall be four feet from the extended center line of the party wall.
B. 
Accessory buildings, athletic courts, cooking, dining, and entertainment areas, employee facilities, freestanding equipment, swimming pools, spas, and trash enclosures shall not be permitted in the front yard.
C. 
An accessory building or structure shall be set back from side and rear lot lines as listed in the bulk area requirements[1] for each respective zone, except when erected on a corner lot. 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. Unless otherwise noted under requirements for the prevailing zoning district, accessory buildings and structures shall meet the setback lines for the principal building or structure.
[1]
Editor's Note: See the Schedule of Area and Bulk Requirements, included as an attachment to this chapter.
D. 
It is encouraged that the architectural style, materials, colors, and detailing of accessory building or structures shall match those of the principal building or structure.
E. 
No person shall erect, alter, or relocate any accessory building or structure without a zoning permit and, when applicable, building permit(s). All accessory structures shall conform to the Uniform Construction Code of the State of New Jersey,[2] where applicable.
[2]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
F. 
Notwithstanding the foregoing, temporary carports, car tents, vehicle canopies, portable garages, and other similar structures used for storage are expressly prohibited, regardless of size, construction materials, or period of use. For the purpose of this section, "temporary carports," "car tents," "vehicle canopies," "portable garages," and "structures used for storage" are roofed structures, or buildings, as defined by the Municipal Land Use Law,[3] whether supported with metal, aluminum, wooden, plastic, or steel construction, and regardless of the nature or composition of the cover material, providing space for the parking of a motor vehicle(s), and/or storage of goods and household items, whether or not enclosed, which are not constructed or designed to be permanent in nature.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
G. 
The number of accessory uses, buildings, or structures on a single lot is not restricted, except that no single accessory use, building, or structure may exceed 500 square feet, one story, or 15 feet in height. The aggregate square footage of all accessory uses, buildings, and structures may not exceed 10% of the lot in which the accessory use, building, or structure is located, with the exception of parking areas which are regulated separately.
H. 
Accessory use(s), building(s), or structure(s) must be included in the impervious surface calculations, if and where applicable, for a specific lot.
[Amended 9-10-2019 by Ord. No. 2019-09]
Prior to the construction of any fence or wall, property owners are required to submit a zoning permit application. No fence or wall shall be erected or constructed without obtaining the necessary approvals.
A. 
Plans and detailed information shall be submitted with each application for a fence or wall permit, setting forth the dimensions and materials incorporated in construction and the exact location(s) of the fence(s) or wall(s) on the subject property. All plans and construction shall comply with the Uniform Construction Code,[1] if and where applicable.
[1]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
B. 
Fences and walls shall be located within the property lines and shall not be located in any required sight triangle, nor shall they be located within four feet of any public right-of-way or conservation easement.
(1) 
Drainage easements. Fences may be installed in a drainage easement as long as the fence is at least 50% open and/or installed in a manner that permits stormwater to flow freely across the easement.
(2) 
Utility easements. Fences may be conditionally installed in a utility easement with written permission of the respective utility that may be affected. Any fence installed in a utility easement may be removed by the utility at the owner's expense for the servicing of the utility infrastructure.
C. 
Fences and walls located between the street line and the required front yard setback line in residential zoning districts shall not exceed four feet in height. Fences located in the front yard shall have a minimum of 50% of their surface area open to permit visible penetration, allowing for light and air to pass through.
(1) 
Reverse frontage lots. No fence or wall, except as provided herein, shall exceed six feet in height at the highest point above ground level, and cannot be erected, constructed, altered or reconstructed within 10 feet of any dedicated street line or right-of-way. This provision also applies to reverse frontages along alleys that serve as the lot's rear yard area as based on the orientation of the existing or proposed dwelling.
(2) 
Corner lots. Fences and walls located between the street line and the required front yard setback line in Residential zoning districts shall not exceed four feet in height in the primary frontage. Fences located in the primary frontage (front yard) shall have a minimum of 50% of their surface area open to permit visible penetration, allowing for light and air to pass through. At no time may a fence or wall be erected in any right-of-way, sight triangle, or easement.
(3) 
For the purposes of this section, a primary frontage is defined as the predominant side of a structure facing a roadway that is typically the same side used as in the mailing address of the premises. The subordinate frontage is defined as the secondary frontage of a corner lot that is not considered the primary frontage. A subordinate frontage follows the same requirements as side and rear yards for the purposes of this section.
D. 
Fences and walls located along side and rear yards in residential zoning districts and for residential uses permitted as conditional uses shall not exceed six feet above the finished grade.
E. 
Fences and walls for lots located in commercial and Industrial zoning districts shall comply with the provisions set forth in this chapter. The maximum height for fences in commercial and industrial zoning districts shall be seven feet.
F. 
General regulations.
(1) 
Applicability. The standards and regulations herein set forth shall apply to all fences and walls hereinafter erected, altered or reconstructed, or which are presently existing and are not considered a preexisting nonconforming use under any present or former ordinance of the City.
(2) 
Height. No fence or wall, except as provided herein, shall exceed six feet in height at the highest point above ground level, except that fences or walls located within the front yard setback shall not exceed four feet at the highest point and be 50% open or six feet if otherwise provided in Subsection C above.
(3) 
Fences and walls, rear yard: height; location. Fences and walls in the rear yard of any property shall be no higher than six feet, except that no six-foot-high fence or wall shall be located within four feet of any public right-of-way.
(4) 
Recreational area fences and walls: height. Fences or walls enclosing athletic and recreational areas shall not exceed 12 feet in height above ground level. All such fences in excess of six feet in height shall be of wire mesh construction. Baseball backstops shall not exceed 17 feet in height.
(5) 
Material. No fence or wall shall be fabricated, constructed or built of any material other than wood, vinyl, composite material, wire, metal, brick, stone or masonry.
(6) 
Prohibited fences and walls. The following fences, fencing materials and walls are specifically prohibited:
(a) 
Barbed or razor wire fences.
(b) 
Sharp pointed fences or walls.
(c) 
Electrically charged fences.
(d) 
Temporary fences, except snow fences for the purpose of controlling snow drifting.
(e) 
Expandable fences.
(f) 
Collapsible fences.
A. 
Off-street parking requirements.
[Amended 9-3-2019 by Ord. No. 2019-08]
(1) 
The required parking shall be measured exclusive of interior driving lanes and maneuvering areas. All required parking shall be provided off the street and on-site.
(2) 
When the computation of the number of required parking spaces results in a fraction, such fractions shall be resolved to the next highest whole number.
(3) 
All parking areas shall be paved and curbed and provide stormwater management drainage improvements and appurtenances in accordance with sound engineering principles subject to the review of the City Engineer.
(4) 
In all residential zones in the City, parking areas and driveways in aggregate shall not exceed 25% lot coverage and must be included in the calculation of maximum impervious surface areas for each respective zone, regardless of the type of improved surface (stone, shell, pavers, etc.). Parking areas and driveways, regardless of the type, may not be constructed in the rear yard setback area of any property, as defined in the Bulk Area Requirements Schedule.[1]
[1]
Editor's Note: See the Schedule of Area and Bulk Requirements, included as an attachment to this chapter.
(5) 
All parking areas must be accessed through appropriate depressed curbs, and all improved areas must be contiguous. No depressed curbs or driveways will be approved by the City if the entrance is located within any sight triangle or if the City of Beverly Police Department, chief law enforcement officer, or the City's Director of Public Safety deems the entrance to be a public safety hazard.
(6) 
In all zoning districts of the City of Beverly, all entrances to off-street parking must have a depressed curb, driveway apron and a sidewalk behind the apron in accordance with the City's driveway detail.[2] Driveways and parking areas with loose aggregate material composition (shell, crushed stone, stone, crushed concrete, millings, densely graded aggregate, etc.) must have additional paving installed for a distance of not less than four feet from the sidewalk, extending into the parking area to prevent aggregate from entering the sidewalk and roadway.
[2]
Editor's Note: See also § 477-6, Circulation, of Ch. 477, Site Plan Review, and Ch. 555, Urban Design Standards.
(7) 
When a particular permitted use in any commercial, industrial and mixed-use zoning district of the City routinely tracks mud, dirt, sediment or components of loose aggregate material from that particular parking area/driveway, the owner of said property may be required to install a stabilized access in accordance with the requirements of the most current Standards for Soil Erosion and Sediment Control in New Jersey to prevent materials from being deposited in any adjacent public roadway. This provision shall also apply to construction sites while the property is under construction.
(8) 
Dimensions. Off-street parking spaces shall be a minimum of nine feet wide and 18 feet long, except parallel spaces shall be 25 feet long.
(9) 
Design. Off-street parking areas shall be designed pursuant to the relevant sections of the Residential Sites Improvement Standards (RSIS), N.J.A.C. 5:21, and/or AASHTO Standards, as applicable.
(10) 
Americans with Disabilities Act. Off-street parking areas, including, but not limited to, the number of parking spaces designated for the disabled, the design of such parking spaces and the signage for such parking spaces, shall comply with the requirements of the American with Disabilities Act, Public Law 101-336, and all subsequent amendments.[3]
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(11) 
Required parking spaces. The number of parking spaces required for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter or such other measure indicated below. Where a particular site or facility contains more than one use, the total parking requirements shall be the sum of the component parts, unless indicated otherwise.
Use
Parking Spaces Required
Bowling alley
4 spaces per alley
Car wash
8 spaces per washing lane
Church/eleemosynary
1 parking space per 60 square feet of floor space devoted to patron use
Commercial recreation
1 space per employee at peak shift and 1 space per 100 square feet of gross floor area and, in the case of outdoor facilities, 1 space per 100 square feet of area in which patrons use (e.g., golf driving range: area used by patrons is the tee area from which golf balls are driven; batting cage: area used by patrons is the entire cage)
Community swimming pool
1 space per 15 square feet of surface area
Day-care center
1 space per 60 square feet of gross floor area
Dwelling units:
Studio/one-bedroom unit
1 space
Two-bedroom unit
1 1/2 spaces
Three-or-more-bedroom unit
2 spaces
Financial institution, bank and other related businesses
1 space per 250 square feet of gross floor area
Home occupation:
Nonresident employee
1 space per nonresident employee
Floor area dedicated to home occupation
1 space per 200 square feet of floor area dedicated to the home occupation
Hospital
1 1/2 spaces per bed
Manufacturing, assembly and fabrication
1 space per 1,000 square feet of gross floor area
Medical professional, excluding home occupation (see home occupation for parking requirement)
1 space per 150 square feet of gross floor area
Mortuary and funeral home
10 spaces per viewing room and chapel
Movie and performing arts theaters
1 space per 3 seats
Nightclub
1 space per 60 square feet of gross floor area
Professional office and office building, excluding home occupation (see home occupation for parking requirement)
1 space per 250 square feet of gross floor area
Personal service, excluding home occupation (see home occupation for parking requirement)
1 space per 200 square feet of gross floor area
Research facility
1 space per 800 square feet of gross floor area
Restaurant
1 space per 3 seats
Retail store
1 space per 200 square feet of gross floor area
Veterinary hospital
6 spaces per examination room
Warehouse, shipping and receiving
1 space per 5,000 square feet of gross floor area
(12) 
Location.
(a) 
Parking spaces shall be located on the same lot as the use being served. No off-street parking space shall have direct access from a street.
(b) 
No parking space shall be located in any required landscape buffer area or rear yard setback, regardless of the particular zoning district.
(c) 
Parking spaces for residential uses shall be located within a reasonable distance to a residential dwelling.
(d) 
No commercial motor vehicle, school bus, dump truck, walk-in van or construction equipment shall be parked or stored anywhere in a residential zoning district, except when the vehicle is being used in the transaction of business with the owner or occupant of the property. Commercial motor vehicles shall include all commercially licensed vehicles and all trucks or vans with a gross registered weight in excess of 11,000 pounds. The provisions of this subsection shall not apply to the parking or storage of school buses and school vans on public school, private school or parochial school property.
(13) 
All improved parking areas and driveways must be constructed and graded to eliminate stormwater from running onto adjoining properties. These improved parking areas and driveways shall be subject to inspection by the City Engineer.
(14) 
All properties with reverse frontages and corner lots shall be exempt from the rear yard setback requirement in all zoning districts, except they must comply with all other applicable setback requirements as established in this Chapter 600, Zoning
(15) 
In all redevelopment areas established by the City, and other identified areas deemed to have parking deficiencies or areas with documented parking issues as determined by the City's Director of Public Safety may have the provisions of this § 600-14A waived by the Zoning Officer upon recommendation of the Director of Public Safety or consulting engineer if it is determined that the exemption serves the public good and the safety of the citizens of the City of Beverly. At no time, however, shall the Zoning Officer or the Director of Public Safety have any legal authority to waive or relax the maximum impervious surface area as established in this Chapter 600, Zoning.
B. 
Off-street loading.
(1) 
The required loading shall be measured exclusive of interior driving lanes and maneuvering areas. All required loading shall be provided off the street and on-site.
(2) 
When the computation of the number of required loading spaces results in a fraction, such fractions shall be resolved to the next highest whole number.
(3) 
All loading areas shall be paved and curbed and provided stormwater management drainage improvements and appurtenances in accordance with sound engineering practice.
(4) 
Dimensions. Off-street loading spaces shall be a minimum of 12 feet wide and 45 feet long with at least 15 feet of vertical clearance.
(5) 
Design. Off-street loading areas shall be designed pursuant to § 477-6, Circulation.
(6) 
Required loading spaces. The number of loading spaces required for each use shall be determined by the amount of gross floor area as defined in this chapter or such other measure indicated below. Where a particular site or facility contains more than one use, the total loading requirements shall be the sum of the component parts, unless indicated otherwise.
Use
Loading Spaces Required
Hospital
1 space for the first 10,000 square feet of gross floor area
1 space for each additional 100,000 square feet of gross floor area
Manufacturing, assembly and fabrication
1 space for the first 5,000 square feet of gross floor area
1 space for each additional 40,000 square feet of gross floor area
Mortuary and funeral home
1 space per 10,000 square feet of gross floor area
Nightclub and restaurant
1 space for the first 10,000 square feet of gross floor area
1 space for each additional 25,000 square feet of gross floor area
Research
1 space for the first 5,000 square feet of gross floor area
1 space for each additional 40,000 square feet of gross floor area
Retail store
1 space for the first 10,000 square feet of gross floor area
1 space for each additional 40,000 square feet of gross floor area
Warehouse, shipping and receiving
1 space for the first 5,000 square feet of gross floor area
1 space for each additional 40,000 square feet of gross floor area
(7) 
Location.
(a) 
Loading spaces shall be located on the same lot as the use being served.
(b) 
No loading space shall be located in any required landscape buffer area.[4]
[4]
Editor's Note: Original § 20-14(A), Downtown Commercial Parking Trust, added 2-22-2011 by Ord. No. 2011-2, which immediately followed, was repealed 8-12-2014 by Ord. No. 2014-9.
Landscape buffer areas are required between residential and nonresidential development as provided herein, unless specified otherwise in this chapter.
A. 
Landscape buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by owner. Any screen planting shall be maintained permanently, and any plant material which does not survive shall be replaced within one year or one growing season.
B. 
No structure, activity, storage of materials or parking or loading of vehicles shall be permitted in a landscape buffer area. Sidewalks shall be permitted in landscape buffer areas.
C. 
Landscape buffer areas shall extend along the full length of the respective yards in which they are required.
D. 
Required landscape buffer areas. The width of landscape buffer areas required for uses permitted in each zoning district are provided below. Requirements for conditional uses set forth in this chapter provide for required landscape buffer areas. In the event that no landscape buffer area is specifically provided in § 600-10, the landscape buffer area required for the zoning district in which such conditional use is conditionally permitted shall apply. Further, in the event a use is permitted by the granting of a use variance, the landscape buffer area shall be determined as a result of the use variance approval process while applying the landscape buffer area required for the zoning district in which the use variance is sought.
Zoning District
Landscape Buffer Area Required
R-1
None
R-2
None
R-3
None
C-1
5 feet in side and rear yards
C-2
3 feet in rear yards
C-3
10 feet in front, side and rear yards
I
10 feet in front, side and rear yards
E. 
Plantings. A landscape buffer area shall be planted and maintained by the owner to conceal parking and loading areas, to eliminate the glare of vehicle lights throughout the year and to screen buildings and structures from adjoining residential uses and areas. The landscape buffer area shall create a screen consisting of evergreen trees and shrubs acceptable to the City or Joint Land Use Board Engineer. For landscape buffer areas 10 feet in width or greater, evergreen trees shall be planted in a staggered double row with spacing in each row not to exceed 10 feet. For landscape buffer areas five feet in width, evergreen trees shall be planted in a single row with spacing not to exceed 10 feet. Evergreen trees shall be a minimum of five feet high when planted, shall be balled and burlapped and shall have the lowest branches no more than one foot above the finished grade. In areas where established vegetation is to be incorporated into the landscape buffer area, supplemental plantings may be required to achieve the desired screening results. Where a side yard meets a front yard, the landscape buffer area shall consist of evergreen shrubs extending 20 from the street line into the property. Evergreen shrubs shall be planted in front yards to screen parking areas and to enhance aesthetics. Evergreen shrubs shall be a minimum of two feet high when planted and may be balled and burlapped or be in containers of two gallons or greater. Solid fences may be used to enhance the ability of the landscape buffer area to screen nonresidential uses from adjoining residential uses.
[Amended 7-9-2019 by Ord. No. 2019-06]
A. 
Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulations. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control and the level of monitoring to be conducted.
B. 
Storage and waste disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces, such as precipitation, surface water, evaporation or wind. All materials that might create a pollutant or be a safety hazard or a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Inspector/Department. No bulk storage of materials or equipment shall be in any front yard. Each site shall provide appropriate area(s), properly screened from adjacent property, for the orderly deposit and pickup of trash, refuse and recyclables.
A. 
No person shall erect, alter or relocate any sign without a sign permit unless exempted under the following provisions. Applications for a sign permit shall be made to the Construction Official. The permit fee for such signs shall be as provided in the schedule set forth in Chapter 260, Fee Schedule, of the Code of the City of Beverly. Whenever a sign is changed, the fee for such change shall be as provided in the schedule set forth in Chapter 260, Fee Schedule. Normal maintenance and the removal of a sign shall not require a permit.
B. 
General regulations shall be as follows:
(1) 
Animated, flashing and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash, change intensity of illumination or display movement or the illusion of movement are prohibited.
(2) 
Attached signs. Signs parallel to walls shall be no more than 15 inches from the surface of the wall. Signs perpendicular to walls shall extend no more than five feet from the surface of the wall, shall not exceed 10 square feet in area, shall be supported in a structurally sound manner approved by the City Engineer and Construction Official and shall have a clearance of at least nine feet between bottom of the sign to the finished grade.
(3) 
Height. The height of a sign shall be measured from the finished grade to the uppermost part of the sign. The lowest portion of any sign which projects over a driveway shall be at least 14 feet above the finished grade and projects over a sidewalk shall be at least nine feet above the finished grade. Roof-mounted signs are prohibited. Freestanding signs shall not exceed a height of 20 feet.
(4) 
Illuminated signs. All lighted signs shall have the light source shielded from adjoining or nearby lots, streets and interior drives and shall have translucent fixtures.
(5) 
Sign area and dimension. The sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or closed, but shall not include the supporting framework and bracing incidental to the display itself. All internally illuminated panels or translucent fixtures, whether or not they contain lettering, wording, designs or symbols, shall be considered to be part of sign area.
(6) 
Exemptions from sign permits. Street number designations, highway signs, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property as "private property," "no hunting," "danger," "warning" or for similar purposes are permitted but are exempt from other sign area limits as set forth in this chapter, so long as said signs do not exceed two square feet each.
(7) 
Temporary signs.
(a) 
Construction sign, nonresidential. No more than one sign naming the project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first. Such sign shall not exceed an area of 32 square feet.
(b) 
Construction signs, residential. Not more than two temporary ground signs for an approved residential development shall be permitted, provided that each sign does not exceed 12 square feet, shall be no closer than 15 feet to any street or side lot line and shall be removed within 30 days after all lots or units have been sold or rented.
(c) 
Real estate signs. Real estate signs shall be set back at least 10 feet from the edge of the street paving and 10 feet from all property lines and shall not exceed four square feet on each side. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. They do not require a permit. No more than one sign shall be permitted along each street. Real estate signs shall be permitted only on the lot that the sign is advertising.
(d) 
Political signs. Political signs, temporarily giving notice of political campaigns, shall not exceed 16 square feet in area. No such sign shall be erected more than 45 days prior to any municipal, fire district, county, state or national election and shall be removed within five days following such election. Political signs erected in conformance with this provision do not require a sign permit. No sign shall be placed in a manner which interferes with traffic or with sight angles at an intersection.
[Amended 5-13-2008 by Ord. No. 2008-9]
(e) 
Mechanics and artisans. Each mechanic and artisan is permitted to erect one sign during the period when the mechanic or artisan is actively performing work on the lands or premises where the sign is placed. The sign shall have a maximum area of six square feet, and it shall not be placed in such a way that it interferes with visibility for motorists exiting the premises.
(8) 
Public and quasi-public uses. One wall or ground sign not exceeding 12 square feet may be located on the premises of places of worship, school buildings, libraries, parish houses, government buildings and public recreational and community center buildings and grounds. No fee shall be required in connection with the permit for such a sign.
(9) 
Automotive service stations. Automotive service stations may display the following special signs:
(a) 
One freestanding sign advertising the name of the station, including the company or brand name, insignia or emblem, provided that such sign shall not exceed 50 square feet on a side and shall be at least 15 feet from the property line. Said sign shall not exceed the height requirements established herein for freestanding signs. One freestanding sign shall be permitted for each street frontage. The freestanding sign may have a supplementary price sign, provided that it is mounted on the same support structure as the freestanding sign, that the price sign does not exceed 25 square feet in sign area and that the lowest part of the price sign is at least eight feet above the finished grade.
(b) 
Incidental signs advertising services, trade information, credit cards, prices and information other than product advertising are permitted, provided that no one sign exceeds 10 square feet, there is no more than one such sign per street frontage and all are set back at least 20 feet from the curbline.
(c) 
In addition to the freestanding sign permitted herein, gasoline service stations that have a canopy over the fuel dispensing islands shall be permitted one sign on the canopy, with the area of the sign limited to no more than 10% of the longest facade of the canopy.
(d) 
In addition to the freestanding sign, the incidental sign and the sign on the canopy, the principal building shall be permitted to have one attached or wall sign in accordance with the provisions of § 600-17C(2).
(10) 
Prohibited signs.
(a) 
Bare-bulb external sign illumination.
(b) 
Banner-type signs, except in celebration of public events and erected with the approval of the governing body.
(c) 
Billboards.
(d) 
Mobile signs, including signs that are not permanently attached to a building, or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code,[1] or signs mounted on wheels, trailers or unregistered motor vehicles.
[1]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
(e) 
A registered vehicle that has as its principal purpose the advertising of a business from a site as opposed to serving as a delivery or service vehicle for other business purposes of this section.
C. 
Signs within each zoning district shall be permitted as follows:
(1) 
Residential zoning districts.
(a) 
Townhouses. One freestanding sign giving the name of the project, not exceeding 12 square feet, and a maximum height of four feet, and no closer than 10 feet to any right-of-way.
(b) 
Home occupations. One sign providing only the name and occupation, not exceeding two square feet and attached flush with the facade of the dwelling. Such sign shall not be illuminated. A home occupation sign shall be provided in lieu of a separate residential sign that is exempted in the provisions set forth in § 600-17B(6).
(2) 
Commercial zoning districts.
(a) 
Freestanding businesses not part of a multiple-tenanted commercial facility. There shall be no more than two business signs per freestanding business. No more than one sign shall be permitted to be an attached or wall sign, and no more than one sign shall be permitted to be freestanding.
[1] 
Parallel signs attached to a wall or wall signs. Maximum sign area shall be 40 square feet.
[2] 
Perpendicularly attached signs. Maximum sign area shall conform to § 600-17B(2) and sign height shall conform to § 600-17B(3).
[3] 
Freestanding signs. Maximum sign area shall be 40 square feet, and sign height shall conform to § 600-17B(3). Such signs shall be set back at least 15 feet from the curbline.
[4] 
Awning, canopy and marquee signs. Awning, canopy and marquee signs may be permitted in lieu of parallel signs attached to a wall or wall signs and perpendicularly attached signs and in addition to freestanding signs permitted in this subsection, provided that such signs meet the following requirements set forth in this subsection. Multiple perpendicularly attached signs and awning, canopy and marquee signs shall not be permitted on a wall or facade.
[a] 
Signs may be permitted as part of an awning, provided that the sign does not exceed 20% of the surface area of the awning.
[b] 
Signs may be permitted on each vertical face of a canopy, provided that the sign does not exceed 10% of the surface area of each vertical face of the canopy on which the sign is to be located.
[c] 
Signs may be permitted on each vertical face of a marquee, provided that the sign does not exceed 10% of the surface area of each vertical face of the marquee on which the sign is to be located.
(b) 
Multiple-tenanted commercial facilities. Multiple-tenanted commercial facilities consisting of two or more businesses in a building shall be permitted to have one attached or wall sign per business. No more than one freestanding sign shall be permitted on the premises. Such signs shall be business signs.
[1] 
Parallel signs attached to a wall or wall signs. Maximum sign area shall be 40 square feet.
[2] 
Perpendicularly attached signs. Maximum sign area shall conform to § 600-17B(2), and sign height shall conform to § 600-17B(3).
[3] 
Freestanding signs. Maximum sign area shall be 60 square feet, and sign height shall conform to § 600-17B(3). Such signs shall be set back at least 15 feet from the curbline.
[4] 
Awning, canopy and marquee signs shall comply with the provisions set forth in § 600-17C(2)(a)[4].
(3) 
I Industrial Zoning District.
(a) 
Not more than one freestanding sign shall be allowed for each street frontage and each freestanding sign shall meet the following requirements. Such signs shall be business signs.
[1] 
Maximum sign area shall be 40 square feet.
[2] 
Sign height shall conform to § 600-17B(3).
[3] 
Such signs shall be set back at least 20 feet from the curbline.
(b) 
No more than two parallel signs attached to the wall signs or wall signs shall be permitted. Such signs shall be limited to one sign per side of the main building and shall meet the following requirement:
[1] 
Maximum sign area shall not exceed 200 square feet or 10% of the area of the wall to which it is attached or located, whichever is less.
A. 
Decks, patios and swimming pools shall be considered impervious and shall be included in the calculation for maximum lot coverage.
B. 
Decks, patios and swimming pools shall not be permitted in the front yard.
C. 
Decks, patios and swimming pools shall be set back in accordance with the side and rear yard set requirements of the respective zoning district in which the premises is located. For swimming pools, the setback shall be measured from the lot line to the nearest inside wall of the pool.
D. 
No person shall erect, alter or relocate any deck, patio or swimming pool without a zoning permit and, when applicable, a building permit. Decks, patios and swimming pools shall conform to the Uniform Construction Code of the State of New Jersey.[1]
[1]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
E. 
All swimming pools shall be enclosed with a fence approved by the Construction Official.[2]
[2]
Editor's Note: Original § 20-19, Utility sheds and private garages, which immediately followed, was repealed 10-8-2019 by Ord. No. 2019-10.
A. 
No trailer, auto trailer, trailer coach, travel trailer, camper or boat shall be used for dwelling purposes, sleeping quarters or the permanent conduct of any business, profession, occupation. Such equipment may also be used for a temporary construction office located on a construction site, provided that the approving authority has specifically authorized the temporary construction office and approved its location as part of its approval of a subdivision or site plan.[1] Prior to use for a temporary construction office, a temporary permit shall be issued by the Construction Official. This section shall not be construed to prohibit the parking or storage of such equipment on private premises only. Such equipment shall not be parked on a public street in a residential zoning district for a period exceeding 24 hours.
[1]
Editor's Note: See also Ch. 477, Site Plan Review, and Ch. 520, Subdivision of Land.
B. 
No person shall use or locate a trailer for the permanent or temporary storage of goods, wares, or merchandise or for use as an office, commercial, or industrial purpose on any property in the City.
[Added 10-8-2019 by Ord. No. 2019-10]
C. 
Exceptions. The provisions of this section shall not apply to:
[Added 10-8-2019 by Ord. No. 2019-10]
(1) 
Trailers temporarily parked on property for delivery, pickup and unloading purpose in the normal course of business, unless otherwise prohibited.
(2) 
New and used trailers marketed to be sold in a licensed and regulated trailer sales facility.
(3) 
Construction trailers temporarily located on development and construction sites while development and construction is in progress. The location of construction trailers shall be approved by the Joint Land Use Board during the development's subdivision and/or site plan review.[2]
[2]
Editor's Note: See also Ch. 477, Site Plan Review, and Ch. 520, Subdivision of Land.
The objective of this section is to minimize undesirable off-site effects from site lighting. All area lighting, such as parking lots or for security, shall provide translucent fixtures with shields around the light source. The light intensity at ground level shall be a maximum of 1.0 footcandle. The total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5%. For recreation and commercial purposes, more intense lighting may be permitted, provided that the shielding and possible required planting buffer are approved as part of the plat. No lights shall shine or reflect into windows or onto streets and driveways. No lights shall be of a rotating, pulsating or other intermittent frequency. Wall-mounted exterior light fixtures that produce off-site glare shall be prohibited.
Homeowners' associations shall be established for the purpose of owning and maintaining, repairing and reconstructing all common buildings, improvements and real property that are part of a residential development. Such associations shall be established pursuant to New Jersey law.
[Added 11-23-2021 by Ord. No. 2021-14]
A little free library book stand is a conditional accessory use in any residential zoning district, provided the little free library book stand satisfies each of the following requirements:
A. 
Number. Not more than one little free library book stand is permitted per lot.
B. 
Location. A little free library book stand may be placed in a required front setback yard between the public right-of-way and a dwelling's front wall of a building, e.g., behind the sidewalk, at least 10 feet from any driveway or alley. It shall not:
(1) 
Overhang the sidewalk or any public easement;
(2) 
Obstruct vehicular, bicycle or pedestrian traffic, either physically or by a person utilizing the little free library;
(3) 
Obstruct access paths utilized by persons in wheelchairs or for ADA-accessibility;
(4) 
Damage any trees, mature vegetation, or underground utilities (dial 811 or 1-800-272-1000);
(5) 
Be placed in any sight triangle.
C. 
Design. The little free library book stand shall utilize neutral colors that blend in with the surrounding environment and the principal structure on the lot.
D. 
Enclosure requirements, maximum dimensions and composition.
(1) 
The box enclosure for the little free library book stand shall be mounted on a four-inch-by-four-inch wood post that shall not exceed five feet in height measured from the finished grade to the top of the box enclosure. The post shall be secured in the ground. The box enclosure shall not exceed 24 inches in width, 24 inches in height, and 15 inches in depth.
(2) 
The box enclosure shall have a door that will fasten closed to prevent rain, snow or animals from getting into the enclosure. Windows of the enclosure shall be made of plexiglass or other nonbreakable material; no glass permitted.
(3) 
The box enclosure shall be sized and arranged such that no person or child is able to enter.
E. 
Signage. The roof of the box enclosure may include signage that indicates that it is a little free library and may include the registry number issued by the Little Free Library organization or other book exchange program. No other permanent or temporary signage is permitted.
F. 
Illumination. There shall be no illumination of the little free library book stand.
G. 
Procedures. Any person or organization desiring to install or construct a little free library book stand shall comply with the following procedures:
(1) 
The applicant shall apply for a no-cost zoning permit from the Zoning Officer.
(2) 
The applicant shall submit with the application specifications relating to the proposed location, size, and structure for the little free library book stand.
H. 
Maintenance and care.
(1) 
The little free libraries and little free library book stands must be monitored and maintained on a regular basis to ensure its intended use for which it was permitted continues with regard to its contents, appearance, safety, approved placement; etc. The property owner, the entity erecting the unit, or other custodial agent ("responsible party") are responsible for the perpetual maintenance and care of the unit(s).
(2) 
If any units are found not to be in compliance with this section or other appropriate regulations, the City will cause notice to be sent to the property owner and/or other responsible party to have the issue(s) abated. Failure to abate the violation(s) within the time period specified on such notice may result in a summons being issued and/or the unit being removed.
[Added 7-25-2023 by Ord. No. 2023-8]
A. 
Purpose.
(1) 
The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle supply equipment (EVSE) and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(a) 
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(b) 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(c) 
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(d) 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217, N.J.S.A. 52:27D-119 et seq., and regulations adopted pursuant thereto.[1]
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(a) 
Level 1 operates on a fifteen-amp to twenty-amp breaker on a 120-volt AC circuit.
(b) 
Level 2 operates on a forty-amp to 100-amp breaker on a 208-volt or 240-volt AC circuit.
(c) 
Direct current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level 2 EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362, N.J.S.A. 48:25-1 et seq.
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking or fleet parking with no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
[1]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
B. 
Approvals and permits.
(1) 
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2) 
EVSE and make-ready parking spaces installed pursuant to Subsection C below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection B(1) above.
(3) 
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The Zoning Officer, Construction Official, Municipal Engineer, or other Code Enforcement Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other Joint Land Use Board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property[2] or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
[2]
Editor's Note: See the Schedule of Area and Bulk Requirements, included as an attachment to this chapter.
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217, N.J.S.A. 52:27D-119 et seq.,[3] any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
[3]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
(6) 
An application pursuant to Subsection B(5) above shall be deemed complete if:
(a) 
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b) 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c) 
A one-time written correction notice is not issued by the Zoning Officer 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7) 
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8) 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
C. 
Requirements for new installation of EVSE and make-ready parking spaces.
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple-dwelling with five or more units of dwelling space, which shall include a multiple-dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces and install EVSE in at least one-third of the 15% of make-ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces;
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces
(d) 
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities;
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in one above shall:
(a) 
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h) 
Notwithstanding the provisions of Subsection C(2)(e) above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
D. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces.
(2) 
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3) 
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
(4) 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection C above may be encouraged, but shall not be required in development projects.
E. 
Reasonable standards for all new EVSE and make-ready parking spaces.
(1) 
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2) 
Installation:
(a) 
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.[4]
[4]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
(b) 
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3) 
EVSE parking:
(a) 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE at all times when the vehicle is occupying the parking space.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in § 1-14, General penalty, of the Code of the City of Beverly. Signage indicating the penalties for violations shall comply with Subsection E(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d) 
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4) 
Safety.
(a) 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection E(5) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the City of Beverly's ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection E(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.[5]
[5]
Editor's Note: See also Ch. 210, Construction Codes, Uniform.
(g) 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the City of Beverly shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5) 
Signs.
(a) 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection E(5)(b) above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[1] 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[2] 
Usage fees and parking fees, if applicable; and
[3] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
(6) 
Usage fees.
(a) 
Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.