A.
Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements of the principal building regardless of the technique of connecting the principal and accessory buildings. Moreover, in instances where the accessory building is attached to a principal building, the maximum permitted building coverage on the lot shall be that set forth as the maximum building coverage of principal building as specified for the applicable zoning district in § 225-12D of this chapter.
[Amended 3-15-1999 by Ord. No. 5-1999; 7-17-2000 by Ord. No. 23-2000]
B.
Accessory building not to be constructed prior to principal building.
No construction permit shall be issued for the construction of an
accessory building prior to the issuance of a construction permit
for the construction of the main building upon the same premises.
If construction of the main building does not precede or coincide
with the construction of the accessory building, the Construction
Official shall revoke the construction permit for the accessory building
until construction of the main building has proceeded substantially
toward completion.
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article IV.
[Added 10-22-2001 by Ord.
No. 27-2001; amended 8-24-2004 by Ord. No. 28-2004]
A.
A private garage shall be provided with all new construction of a
principal residential structure in the R-1 and R-3 Districts and shall
meet the following requirements:
[Amended 9-5-2006 by Ord.
No. 16-2006; 7-26-2022 by Ord. No. 2022-007]
(1)
Provided that the requirements of § 225-15 are met, a maximum of one private garage shall be permitted per principal residential use, except that no private garage shall be permitted where a garage is attached to the principal residential building;
(3)
No private garage shall provide for loading facing a street unless
the front building line of such private garage is located behind the
rear building line (or farthest side building line, in the case of
a corner lot) of the principal building.
[Added 10-22-2001 by Ord.
No. 27-2001]
Attached garages as an accessory use within a principal residential
building shall meet the following requirements:
[Amended 3-14-1988 by Ord. No. 8-1988; Amended 5-28-1996 by Ord. No. 13-1996; Amended 4-10-2012 by Ord. No. 2012-005]
All permitted fences shall be situated on a lot in such a manner
that the finished side of such fence shall face adjacent properties.
No fences or gates shall be constructed or placed in front yards.
No fence shall be erected of barbed wire, topped with metal spikes,
or constructed of any material or in any manner which may be dangerous
to persons or animals. Moreover, on any lot in any district, no fence
shall be erected or altered so that said fence shall be over four
feet in height in the side yard areas and five feet in height in the
rear yard areas. Fences shall be erected in such a manner so as to
permit the flow of natural drainage and shall not cause surface water
to be blocked or dammed to create ponding.
A.
A dog run or privacy area may have fencing a maximum of six feet
in height, provided that such area is located in rear yard areas only
and is set back from any lot line at least 10 feet.
B.
A private residential swimming pool area must be surrounded by a suitable fence with a self-latching gate at least four feet, but no more than six feet, in height and said fence shall be set back from any lot line at least 10 feet if the fence exceeds five feet in height. (See § 225-23 for additional standards.)
C.
Buffer areas in the RC and GC Districts shall meet the requirements specified in § 225-13F(6) of this chapter.
D.
On-street loading areas in the RC and GC Districts shall be landscaped and screened in accordance with the provisions specified in § 225-13F(7) of this chapter.
E.
On a corner lot in any district, sight triangles shall be required
in which no grading, planting or structure shall be erected or maintained
more than three feet in height as measured from the mean elevation
of the finished grade, five feet away from the center line of the
grading, planting or structure. The sight triangle is defined as that
area outside the right-of-way which is bounded by the intersecting
of curblines, and the straight line connecting "sight points," one
each located at least 25 feet away from the point of intersection
of the curblines.
All on-site off-street parking areas providing five or more
parking spaces and all loading areas shall be adequately illuminated
for security and safety purposes. The lighting plan shall provide
for nonglare, color corrected lights focused downward. The light intensity
provided at ground level shall be a minimum of 0.3 footcandle anywhere
in the area to be illuminated; shall average a minimum of 0.5 footcandle
over the entire area; and shall be provided by fixtures with a mounting
height not more than 20 feet or the height of the building, whichever
is less, measured from the ground level to the center line of the
light source. Any other outdoor lighting such as building and sidewalk
illumination, ornamental lighting and the lighting of signs shall
be shown on the lighting plan in sufficient detail to allow determination
of the effects to adjacent properties, traffic safety and overhead
sky glow. The objective of these specifications is to minimize undesirable
off-premises effects. No direct lighting shall be permitted. Additionally,
no light shall shine into windows or onto streets and driveways in
such manner as to interfere with or distract driver vision.
[Added 1-28-2002 by Ord.
No. 4-2002]
A.
Lots and structures.
[Amended 3-13-2000 by Ord. No. 6-2000; 1-28-2002 by Ord. No. 4-2002; 10-25-2016 by Ord. No. 2016-007; 6-27-2017 by Ord. No. 2017-005]
(1)
Contiguous lot ownership. Where two or more lots created by the filing
of a map pursuant to the Map Filing Law prior to establishment of
the Planning Board have any contiguous lines and are in single ownership
and one or more of the lots is nonconforming in any aspect, the lots
involved shall be considered to be an undivided parcel for the purposes
of this chapter, and no portion of said parcel shall be conveyed or
divided except through the filing of an approved subdivision in accordance
with the provisions of this chapter.
(2)
On any nonconforming lot, or for any nonconforming building or structure
on a conforming lot, a zoning permit may be granted to allow for additions
to the principal structure or for the construction of an accessory
building, provided that all of the following criteria are met:
[Amended 11-29-2005 by Ord. No. 47-2005; 9-5-2006 by Ord. No. 16-2006; 11-25-2008 by Ord. No. 2008-010]
(a)
The existing use(s) on the lot are conforming to the permitted
use(s) stipulated in this chapter for the lot in question;
(b)
The addition or enlargement is conforming; and
(c)
The resulting building or structure does not create any new
zoning violations.
(d)
Any renovation does not include conversion of an existing unfinished
attic or porch space that encroaches in any required yard into habitable
floor area.
[Amended 10-25-2016 by Ord. No. 2016-007]
(3)
Restoration of nonconforming structure.
(a)
If a nonconforming structure is destroyed either unintentionally
through fire, wind, water or other method, or through demolition by
the owner or an agent of the owner, the nonconforming building or
structure may be reconstructed or otherwise restored provided that
the Borough Zoning Officer shall determine that such destruction affects
less than 50% of the gross floor area of the original structure and
the structure is not made more nonconforming than the original structure.
(b)
If the destruction to a nonconforming structure affects more
than 50% of the gross floor area of the original structure, as determined
by the Borough Zoning Officer, then the structure shall only be restored
in conformance with the applicable zoning standards.
(c)
Nothing in this section shall prevent the correction of an unsafe
condition of any wall, floor or roof that has been declared unsafe
by the Building Official of the Borough or his representative.
(4)
Permits may be issued for new buildings or structures on existing
nonconforming lots, provided that the use of the proposed buildings
or structures is permitted and that the new buildings or structures
meet all bulk requirements of the zone in which the lot is located.
[Added 11-25-2008 by Ord.
No. 2008-012; amended 3-26-2013 by Ord. No. 2013-001]
(5)
No permit shall be issued for the construction of any new principal
dwelling on any lot unless all accessory structures proposed to remain
are in or are proposed to be brought into, conformity with the applicable
zoning standards.
[Added 6-27-2017 by Ord.
No. 2017-005]
B.
Structures and uses.
[Amended 9-26-1988 by Ord. No. 23-1988]
(1)
Repairs and maintenance work required to keep a structure in sound
condition may be made to a nonconforming structure and to a structure
containing a nonconforming use.
(2)
Any existing nonconforming hotel, hotel condominium, guesthouse,
boardinghouse and rooming house may be operated during the time period
commencing on May 1 and terminating on November 15 of each calendar
year and for such other time periods as any one or more of the above
had been operated at the time that the use or structure became nonconforming.
(3)
Any nonconforming structure or use which has been changed to a conforming
structure or use shall not be changed back again into a nonconforming
structure or use.
(4)
No nonconforming use and no structure containing a nonconforming
use shall be enlarged or extended without obtaining a variance.
[Amended 8-13-1987 by Ord. No. 8-1987; 9-5-2006 by Ord. No. 16-2006]
(5)
Restoration of a nonconforming use. When a structure containing a
nonconforming use is destroyed or damaged by any reason or cause so
that such destruction affects less than 50% of the gross floor area
of such structure, as determined by the Borough Zoning Officer, the
nonconforming use may be restored and resumed, but not expanded or
enlarged, and the nonconforming use shall not be deemed terminated.
A.
General provisions.
(1)
Lighting. All parking areas providing five or more parking spaces shall be lighted in accordance with the provisions specified in § 225-19 of this chapter.
(2)
Surface and curbing. All on-site off-street parking and loading areas
and access driveways shall be paved and curbed as determined by the
Borough Engineer and approved by the Borough.
(3)
Location of parking spaces. All required off-street parking spaces
shall be located on the same lot or premises as the use served, except
that in cases when it is determined that the requirements for on-site
off-street parking cannot be met because of existing conditions, the
location and adequacy of off-street parking spaces to service the
use shall be specified on a site plan for approval by the Planning
Board. In the case of uses other than detached dwellings, no parking
facility shall have an access to or from Ocean Avenue or extend within
150 feet of the westerly right-of-way line of Ocean Avenue.
(4)
Type of facility.
(a)
Parking spaces may be on, above or below the surface of the
ground. When parking spaces are provided within a garage or other
structure, said structure shall adhere to the proper accessory or
principal building setbacks, as applicable.
(b)
The provision of parking spaces shall also include adequate
driveway and necessary turning areas for handling the vehicles for
which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicles. Aisles
providing access to parking spaces shall have the following minimum
dimensions. Where angle of parking is different on both sides of the
aisle, the larger aisle width shall prevail:
|
Angle of Parking
space
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
|---|---|---|
|
90°
|
22
|
25
|
|
60°
|
18
|
20
|
|
45°
|
15
|
20
|
|
30°
|
12
|
18
|
|
Parallel
|
12
|
18
|
(5)
In the R-1, R-2 and R-3 Residential Zones, the minimum distance between
the improved edge of any driveway that serves a residence on the same
lot and the nearest side or rear lot line shall be two feet, except
where the distance between an existing dwelling or portion thereof
and the property line is less than 10 feet, an existing driveway may
be replaced at a width of eight feet as close to the dwelling as possible
and with a distance to the side or rear lot line of less than two
feet.
[Added 8-28-2000 by Ord.
No. 28-2000; amended 11-27-2007 by Ord. No. 2007-023]
(6)
In the R-1, R-2 and R-3 Residential Zones, the minimum width of a
driveway service a residence on the same lot shall be eight feet.
[Added 8-28-2000 by Ord.
No. 28-2000]
B.
Specific requirements.
[Amended 7-14-2009 by Ord. No. 2009-13]
(1)
Detached dwelling units shall provide two spaces per dwelling unit.
[Amended 10-7-2002 by Ord. No. 26-2002]
(2)
Churches shall provide one space per every five permanent seats.
(One seat shall be considered 22 inches in calculating the capacity
of pews or benches).
(3)
Schools shall provide one space per employee for grades kindergarten
through tenth grades, 2.5 spaces per employee for grades eleven through
twelve, and in all cases sufficient space for school bus loading and
unloading.
(4)
Grocery stores, meat markets, seafood markets, delicatessens and
bakeries: four spaces per 1,000 square feet of gross floor area or
fraction thereof.
(5)
Drugstores, furniture stores, sporting good shops, gift shops, hobby
shops, bookstores, clothing stores, shoe stores, hardware stores,
stationery stores, fabric stores, florists, tailors, dry-cleaning
and laundering operations, appliance repair shops, shoe repair shops
and upholsterers: three spaces per 1,000 square feet of gross floor
area or fraction thereof.
(6)
Barber- and beauty shops: two spaces per chair.
(7)
Restaurants: one space for every three seats.
(8)
Banks, professional offices and business offices: four spaces per
1,000 square feet of gross floor area or fraction thereof.
(9)
Theaters: one space for every four seats.
(10)
Automobile sales: 10 spaces for customer convenience separated
from vehicular displays and not used by employees.
(11)
Wholesale distribution centers and warehouses shall provide
one space for every 1,000 square feet or fraction thereof of floor
area used for storage and warehousing plus one space for every 200
square feet or fraction thereof of floor area used for offices plus
one space for every vehicle owned and/or operated by the use operating
from the site.
(12)
Where more than one use occupies one building or where there
is an attached group of buildings, the total parking spaces shall
be an accumulation of the various standards appropriate to the uses
noted above.
(13)
Hotels: 1.25 spaces per bedroom for every new bedroom constructed
subsequent to the adoption of this chapter.
Each application for a building permit shall provide documentation
that the intended use(s) will comply with the performance standards
stipulated below. In the case of a structure being built where the
future use is not known, a building permit may be issued with the
condition that no certificate of occupancy will be issued until such
time as this documentation is submitted with respect to the particular
occupant.
A.
Electricity. Electric or electronic equipment shall be in accordance
with FCC standards.
B.
Glare. No use shall produce a strong dazzling light beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining dwelling units, adjoining districts or streets.
C.
Noise.[1] The sound level of any operation (other than the operation
of motor vehicles or other transportation facilities on public highways,
operations involved in the construction or demolition of structures,
emergency alarm signals or time signals) shall not exceed the decibel
levels prescribed by the State of New Jersey.
D.
Odor. Odors shall not be discernible at the lot line or beyond.
E.
Storage and waste disposal. No materials or waste shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source of water supply or recreation,
or which will destroy aquifer life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
[Added 8-14-2000 by Ord.
No. 29-2000; amended 7-27-2004 by Ord. No. 27-2004; 11-27-2007 by Ord. No. 2007-023; 4-10-2012 by Ord. No. 2012-005; 10-22-2013 by Ord.
No. 2013-012]
A.
In all residential zones and properties immediately adjacent to residential zones or uses, outdoor heating, ventilation and air condition (HVAC) equipment, generators and swimming pool equipment shall be located so as to have the least practical visual and noise impacts on adjoining residential uses. Outdoor heating, ventilation and air-conditioning (HVAC) equipment and generators shall be located in the side or rear yard as defined in § 225-7, Definitions. Swimming pool equipment shall be located exclusively within the rear yard, as defined. All equipment shall be located within eight feet of the principal structure or accessory except generators which shall be located within 12 feet, and shall have a setback of 10 feet from any property line. The provisions of this section shall not be applicable to window-mounted HVAC units or the replacement of existing outdoor heating, ventilation and air conditioning (HVAC) equipment, generators and swimming pool equipment in its existing location, provided the equipment is not located in the front yard area.
B.
Generators and/or HVAC equipment placed in a side yard shall be suitably
buffered from adjacent properties with either evergreen plantings
or screening fence in compliance with the chapter.
[Amended 10-7-2002 by Ord. No. 26-2002]
Unless otherwise specified for a particular zoning district,
no more than one principal structure shall be permitted on one lot.
[Amended 3-14-1988 by Ord. No. 7-1988; 3-9-2004 by Ord. No. 7-2004; 6-28-2005 by Ord. No. 21-2005; 7-27-2010 by Ord. No. 2010-006]
Signs and awnings are permitted in all districts only in accordance
with the regulations hereinafter set forth.
A.
AWNING
BOX SIGN OR LIGHTED BOX SIGN
BUILDING FRONTAGE
BUSINESS DIRECTORY
BUSINESS DISTRICTS
CANOPY
CONSTRUCTION SIGN
FACADE
FOOD SERVICE BUSINESS
FREESTANDING SIGN
LOGO
NEON SIGN
PRINCIPAL STREET
PROJECTING SIGN
REAL ESTATE LISTING SIGN
ROOF SIGN
SELF-ILLUMINATED SIGN
SIDEWALK SIGN
SIGN AREA
TEMPORARY SIGN/TEMPORARY WINDOW SIGN
WALL SIGN
WINDOW SIGN
Definitions.
An architectural projection that provides weather protection,
identity and/or decoration; is wholly supported by the building to
which it is affixed; and is comprised of a lightweight, rigid or retractable
skeleton structure over which a fabric cover is attached.
Any sign made in three dimensional manner like a box and
mounted to an external wall of a building. Such signs are normally
internally lit and have an inserted panel on which all lettering is
done.
Building elevations that face upon a public street or a parking
area between a building and a public street where access to the building
is provided from said frontage. If a building is curved or triangular,
the building frontage shall be the shortest distance between the points
on the outside extremity of the building elevation measured parallel
to the public street or parking area upon which said building fronts.
Any sign that contains listings of two or more businesses
that share a common entrance, identifying the businesses and their
locations within the building.
The RC and GC Districts as identified on the Borough Zoning
Map.
A permanent, roofed structure projecting from a wall with
or without supporting columns.
A sign stating the names of individuals or firms directly
connected with a construction, repair and/or improvement project which
may include the name of the city in which the construction business
is located and emergency telephone numbers.
A side of a building that faces a public right-of-way or
has the primary customer entrance. The facade includes the window
and door area.
A business that sells food prepared on the premises; such
as a restaurant, delicatessen, bakery, or butcher shop.
Any sign supported by permanent structures or supports that
are placed on or anchored in the ground and that are independent from
any building or other structure.
A distinctive mark, sign or symbol, or a graphic version
of a company's name, used to identify and promote its product.
Any sign consisting of transparent glass or plastic tubing
radiating colored or white light.
The single street which provides the most access and/or the
predominant business exposure for a particular business.
Any sign, suspended from or supported by a building or structure
or sign structure and which extends perpendicular more than six inches
from a building.
A sign providing descriptions and photographs of multiple
properties listed by a real estate agent and displayed in the window
of the real estate agent's place of business.
Any sign erected, constructed, and placed upon or over the
roof of a building or any architectural feature which appears to be
the roof of a building.
A sign that has any internal form of illumination such as
neon, LED, LCD, or a translucent or transparent sign with built-in
light behind it.
Any temporary portable exterior sign, including sandwich
boards.
The sum of the area enclosed within a geometric form or forms
drawn around all writing, representations, emblems or designs on all
sides of the sign which contains or is designed to contain the copy.
If the frame forms an integral part of the sign, the sign area shall
be the total area within the frame and shall include all sides of
the sign.
Any sign, including a banner or flag, put up for a limited
period of time for the purpose of:
Any sign affixed to, painted on or recessed into the wall,
facade or fascia of a structure or which is an integral part of the
building or structure. Individual channel letters mounted onto the
facade are considered to be "wall signs."
Any sign printed, attached, glued, or otherwise affixed to
or located behind and within two feet of a window and designed to
be viewed from adjoining streets, sidewalks, malls or parking lots
available for public use or from inside the business displaying the
sign.
B.
Permit required. Any new permanent residential professional sign
or new sign in the business districts shall require a permit issued
by the Zoning Officer. The application shall include a diagram of
the proposed sign including the dimensions and colors. An application
fee of $50 for permanent signs will be paid upon submission of the
application.
C.
Maintenance. All signs shall be maintained by the owner of the sign.
This maintenance shall include repainting, repairing and cleaning,
as necessary. If the Code Enforcement Officer determines that any
sign is in a state of disrepair, or abandoned, or a danger to the
public health or public safety, the Code Enforcement Officer shall
give written notice of the condition of the sign to the owner of the
sign and to the owner of record of the tax lot. Either owner shall
thereafter have 10 days to correct the unsatisfactory condition of
the sign. If the unsatisfactory condition is not so corrected within
the ten-day period, the Code Enforcement Officer may thereafter take
such actions as are permitted pursuant to the provisions of this section.
D.
Prohibited.
(1)
Construction signs are prohibited in all districts.
(2)
Roof signs and signs that extend above the roof line are prohibited
in all districts.
(3)
No sign shall be, in whole or in part, moving, flashing, animated,
mobile or revolving.
(4)
Billboards are prohibited.
(5)
Any sign of any type that obstructs driving vision, traffic signals,
traffic directional and identification signs, other places of business,
other signs or windows of the buildings on which they are located
is prohibited.
(6)
Any sign attached to a tree, fence post, stump, utility pole or another
sign is prohibited.
E.
"For sale," "for rent" and "open house" signs.
(1)
"For sale" and "for rent" signs. One nonilluminated temporary sign
per lot may be placed on the lot for sale or for rent and on no other
place, and such sign may contain the word "owner" and the telephone
number or, alternatively, it may identify by name and up to two telephone
numbers the New Jersey licensed real estate broker, if any, given
the right to sell or lease the property and/or use the word "broker."
In the case of "for sale" and "for rent" signs, the following additional
criteria shall apply:
(a)
If relating to a residential lot or building, the sign shall
not exceed four square feet in an area on any one side.
(b)
The sign shall be removed from the premises within two days
after a certificate of occupancy for the sale or lease of the premises
has been issued.
(c)
No signs are permitted advertising the property as having been
sold or leased, however signs advertising the property as under contract
are permitted.
(2)
"Open house" signs. Such a sign may be displayed on the property
in addition to a "for sale" or "for rent" sign if the broker or owner
is having an "open house" that has been publicly advertised in newspapers
or in the realtor's multiple listing system. Said open house sign
shall not be displayed more than five days prior to the advertised
time of the "open house," and shall be removed no later than 1/2 hour
after the advertised time of the open house, and said "open house"
sign shall not exceed four square feet on any one side, may have the
real estate logo and permit a six by twenty-four 24 inch feature strip
and shall not be placed beyond or outside of the lot line of the property
for sale for rent.
F.
Political signs. One temporary political sign per candidate per lot
is permitted. The following additional criteria shall apply:
(1)
No sign shall exceed six square feet in area.
(2)
The sign shall be constructed of such material that it will not readily
tear, and it shall be affixed so that it will not readily become detached.
(3)
The sign shall not be posted or displayed prior to 45 days before
the election or referendum day to which it relates and shall be removed
within seven days after said election or referendum day.
(4)
The sign shall not be posted or displayed in such a manner as to
obstruct or substantially interfere with any window, door, stairway,
fire escape, or opening designated to provide light and air or ingress
and egress to any building, or to block or impede the sight triangle
for vehicles.
G.
Residential signs.
(1)
Residential nameplate. One nameplate per dwelling unit, which may
be illuminated, situated within the property lines and not exceeding
72 square inches in area on any one side.
(2)
Residential professional office signs. One sign per dwelling unit,
which may only be externally illuminated, identifying the name and
profession of the resident, not exceeding two square feet in area
on any one side nor exceeding 1 1/2 feet in length on any one
side.
H.
Business signs. Business signs are permitted in the GC and RC Districts
in accordance with the following criteria:
(1)
Purposes. A business sign or signs shall be used for the following
purposes only:
(a)
To identify the premises, occupant or owner of the premises.
This information may include the street number of the premises and,
if a single occupant and not otherwise prohibited, the telephone number
of the business occupying the premises.
(b)
To identify the trade, business, industry or profession being
conducted on the premises.
(2)
Size, placement, design. The size, placement and design of business
signs shall be limited as follows:
(a)
One wall sign for each business occupying the first floor of
a building, which shall be placed or inscribed upon the front facade
of the building.
(b)
The area of a sign shall be measured in square feet. The area
shall be determined by the perimeter of the sign frame. If no sign
frame is provided the area shall be determined by imposing the smallest
rectangle, which would enclose all the letters, symbols, logos and
background.
(c)
The total aggregate sign area on a business facing a principal
street, including wall, window, awning, canopy, projecting, and directory
signs, shall not exceed two square feet for each lineal foot of building
on the principal street, and not to exceed a total aggregate of 60
square feet.
(d)
If the building faces more than one public street, one additional
sign for any commercial occupancy of the building whose premises faces
the secondary street, placed or inscribed upon the facade and/or window
adjoining the secondary street. The signs shall not exceed two square
feet for each lineal foot of building on the secondary street, not
to exceed 20 square feet.
(e)
If the rear or side of the building contains a public entranceway
adjoining a public or private off-street parking area, one additional
sign for each commercial occupancy of the building facing said parking
area, which shall be placed upon the facade adjoining the off-street
parking area street. Awnings may be used as such a sign if the facade
allows; awnings to be used as a sign must be over existing rear or
side doors or windows.
(f)
When a business has a second building frontage facing a street,
the business may have an additional 1/2 square foot of sign area per
linear foot of building frontage facing said street, to be used only
on such frontage and subject to all other conditions contained herein.
Should such sign face a residential area, it shall not be illuminated.
(g)
Location on building. Each wall sign shall be erected parallel
to the face of the facade and shall not project more than three inches
from the facade nor project above the top nor beyond either side of
the facade.
(h)
Sign lettering.
[1]
No sign may consist of more than four colors, including the
background color, excepting logos or symbols. Lettering must give
a consistent and professional appearance. No Day-Glo or fluorescent
colors are permitted.
[a]
The height of a letter shall not exceed 18 inches.
The height of an initial capital letter shall not exceed 24 inches.
The height of a logo for the business on the premises shall not exceed
24 inches.
[b]
A sign shall be lettered with a maximum of two
different fonts.
[c]
Any sign may be redone provided that the resulting
sign appears new and that none of the original text or logo is visible.
If this cannot be accomplished, a new sign or awning must be installed.
(3)
Window signs.
(a)
Permanent window signs on the first floor of a building shall
not exceed 25% of the area of each window, not to exceed a maximum
of 10 square feet.
(b)
Permanent window signs on floors above the first floor shall
not exceed 10% of the area of each window.
(c)
Window signs, including temporary signs, must not be handwritten
and must be typeset, computer-generated or otherwise professionally
printed.
(d)
Permanent window signs (i.e. name of business or services sold
or items sold) shall be done in professional lettering or etching.
(e)
Professional identification. Advertising and/or identification
of membership in a retail or professional organization or credit card,
credit association or plan or manufacturers' identification or legally
required licenses, when attached to or painted on a window of any
structure, alone or in combination with a permitted business sign
placed upon the same window, shall not exceed 10% of the square footage
of the total clear glass or glazing area. This counts towards the
25% window area limitation. All such signs must be neat and placed
in an orderly fashion.
(4)
Projecting signs. Projecting signs are permitted on first floors
for first floor businesses and second floors for second floor businesses
subject to the following:
(a)
A projecting sign must be included in the overall sign area
allowed for the frontage.
(b)
The area of a projecting sign must not exceed six square feet.
(c)
The outermost edge of a projecting sign must not extend more
than six feet from the building.
(d)
The bottommost edge of a projecting sign must not be less than
seven feet from the ground.
(e)
Projecting signs must project from a building at an angle of
90 degrees and be securely attached to the building.
(f)
When more than one storefront occupies a single building, all
projecting signs must be hung at the same height.
(g)
Projecting signs must be constructed of wood, metal, PVC (polyvinyl
chloride), or HDU (High Density Urethane).
(h)
Projecting signs must be two-faced.
(i)
Projecting signs cannot include phone numbers.
(j)
If illuminated, projecting signs must be externally illuminated.
(5)
Freestanding signs. Freestanding signs are permitted, provided that
the sign is located on the premises and identifies that particular
use and subject to the following conditions:
(a)
When the building occupies two frontages, the permitted freestanding
sign shall be limited to a surface area of 12 square feet and shall
be set back at least ten feet from all street rights-of-way and lot
lines, and it shall not exceed eight feet in height;
(b)
When the building occupies one frontage, the permitted freestanding
sign shall be limited to a surface area of six square feet and it
shall be set back at least ten feet from all street rights-of-way
and lot lines and it shall not exceed six feet in height.
(6)
Awnings and awnings as signs. Awnings are permitted as accessory
structures, accessory to the building to which they are affixed, in
accordance with the following criteria:
(a)
Awnings shall be permitted only on building walls that front
on a public street or rear entrances facing public street or parking
lot.
(b)
Awnings shall be securely affixed so that they will not readily
become detached from the structure to which they are accessory.
(c)
Awnings shall not interfere with any window, fire escape or
opening designed to provide light and air or ingress to or egress
from any building.
(d)
The awning shall be made of a canvas or canvas-like material
(such as Sunbrella brand) and shall be opaque so that light will not
shine through. No Day-Glo or fluorescent colors are permitted. No
plastic or vinyl permitted.
[Amended 12-20-2016 by Ord. No. 2016-008]
(e)
The awning shall emulate the character of a traditional folding
awning or a round or barrel type awning and provide for an unobstructed
area of not less than seven feet in height between the lowest part
of the awning and the ground.
[Amended 12-20-2016 by Ord. No. 2016-008]
(f)
An awning may not be erected over an existing sign on the facade.
Any signs that exist on the wall behind where the awning will be mounted
must be removed before the awning is installed, and any repairs to
the wall upon the sign's removal must be made according to the Property
Maintenance Code. No "egg crate" internal illumination of awnings
is permitted, however down lighting that lights the area beneath the
awning without any glow or emission of light through the awning shall
be permitted. Lighting is permitted in the RC and GC districts only.
(g)
Lettering shall be on the drop flap of the awning, not exceed
eight inches in height, be a single color, and not utilize more than
two fonts.
[Amended 12-20-2016 by Ord. No. 2016-008]
(h)
Awnings must not display any text other than the business name,
logo, street number, or phone number. If a phone number or address
is on the awning, its lettering must be a smaller size than the other
lettering on the awning.
(i)
Any text or logo on existing awnings may not be covered up with
tape or paint or any other means other than professional replacement
of said text or logo that does not show signs of old text or logo.
If this cannot be accomplished, an entirely new awning or sign must
be installed.
(j)
Awnings for each occupant in a single building with multiple
occupants shall be complementary in color, height and design.
(7)
Lighting and illuminated signs. All illuminated signs are subject
to the following limitations:
(a)
Internally illuminated signs are not permitted. Backlighting
which creates a halo effect around lettering is permitted, but the
source of the illumination itself must not be visible.
(b)
No sign shall have blinking, flashing, strobe or fluttering
lights or any other illuminating devices which have a changing light
intensity, brightness or color.
(c)
Externally illuminated signs shall only be permitted where the
sources of illumination are shielded in such a manner that the same
are not visible from the street or adjoining property (i.e. no exposed
light bulbs or lamps).
(d)
Floodlights or spotlights used for illumination of signs shall
be attached to the building or sign and shall not project light beyond
the sign. Gooseneck reflectors and lights shall be permitted, provided,
that the reflectors shall be provided with proper glass lenses concentrating
the illumination upon the area of the sign so as to prevent glare
upon the street or adjacent property.
(e)
Illumination shall be with white colored light only.
(f)
Electrical conduit located on the exterior facade of the building
used to provide electric power to any sign is to be avoided, but if
such conduit is the only way to get power to a sign the conduit must
be the same color as the surface on which the conduit is mounted.
(8)
Directory signs. In addition to other signage, a building with businesses
and offices that do not have exposure on the street level, such as
an office building, is permitted either, but not both, of the following:
(a)
A wall-mounted business directory at each entrance leading to
such businesses and offices. The directory sign shall not exceed a
total area of five square feet, and may not be externally illuminated.
Lettering is not to exceed two inches in height.
(b)
A professional nameplate for each office affixed to the door
or exterior wall of a premises so used, not to exceed six inches by
15 inches per professional occupant.
(9)
Sidewalk signs. Food service businesses are permitted the use of
free-standing sidewalk sandwich signs, hand-lettered menu boards,
and any chalk board signage indicating specials. The maximum dimensions
are to be 24 inches in width and 48 inches in height, and must be
displayed within 30 inches of the food service business, maintaining
a safe, continuous path of four feet for pedestrians.
(10)
Box signs. Box signs are not permitted. Existing box signs shall
be removed upon change of tenant unless the name of the business remains
exactly the same.
(11)
Real estate listing signs. Real estate businesses are allowed
to display real estate listing signs in the lower half of their windows
provided that the signs are kept neat and orderly.
(12)
Self-illuminated signs. No exterior self-illuminated signs such
as neon, LED, or LCD signs are permitted. Interior self-illuminated
signs which are not visible from the street are permitted.
(13)
Window covering during construction. Windows must be covered
with white paper to include the name of the new business and an approximate
opening date. The window covering should be neat and maintained.
[Amended 12-20-2016 by Ord. No. 2016-008; 4-25-2017 by Ord. No. 2017-002]
(14)
Blinds and shades on first floor storefronts. Retail storefronts
shall not have curtains, blinds, or shades closed covering more than
25% of the window area.
(15)
Exceptions. The following exceptions to the foregoing criteria
shall be allowed:
(a)
A sign or tablet indicating the date of a building's erection,
which is cut into the masonry surface or constructed or bronze or
other noncombustible material.
(b)
Signs for public convenience and welfare erected by or on behalf
of the United States of America, the State of New Jersey, the County
of Monmouth or the Borough of Spring Lake, traffic controls in private
ways and parking lots, legal notices, railroad crossing signs, historic
markers approved by the Township Council or other signs as required
by law. The size, color and design of signs for public convenience
and welfare shall conform to the latest Manual on Uniform Traffic
Control Devices for Streets and Highways, United States Department
of Transportation, Federal Highway Administration.
(c)
Temporary signs.
[1]
Temporary signs are in addition to the aggregate total of sign
area for a business.
[2]
All temporary signs and banners must be professionally lettered.
[3]
Temporary signs for facades in the business districts shall
adhere to existing restrictions for business signs with regard to
size of lettering.
[4]
Temporary new business signs may not be erected more than 60
days prior to opening of said business and shall be allowed up to
30 days after the business opening.
[5]
Signs advertising a sale in a retail store may be displayed
in the window during the period of the sale, not to exceed 30 days,
and for seven days prior to the sale. Such signs are to be neatly
lettered and not occupy more than 10% of the area of the window. A
business may display sale signs six times a year, with such displays
separated by at least 14 days.
[6]
Signs advertising "help wanted" may be displayed in a business'
window for a period of 30 days. Such sign shall be no larger than
24 inches wide by 12 inches high.
(d)
The interior contents of lawfully permitted signs specifically
designed to be changed from time to time, such as church announcement
boards, theater marquees, restaurant menus and the like.
(e)
A maximum of four temporary signs or posters for public service
and charitable purposes may be displayed per business, each for a
period of time not to exceed one month. Each such sign shall be no
larger than 13 inches wide by 19 inches high.
(f)
No regulation within § 225-25 shall be construed to prohibit signs required under Chapter 7 Vehicles and Traffic; § 107-26 Order and schedule for compliance for potentially dangerous dog; § 114-30 Rough surf management plan; § 139-3 Application for correct number; § 193-6 Signs; § 206-9 Advertising signs; § 225-14 CS-SC Common Services Residence Senior Citizen District; § 250-8 Loud, disturbing or excessive noise; or § 315-21 Use oil collection.
(16)
Change of tenants. All signage shall be removed from the façade
of a building within ten days of the tenant vacating the space.
[Amended 12-20-2016 by Ord. No. 2016-008]
(17)
Miscellaneous provisions.
(a)
Freestanding traffic direction signs for parking lots are permitted
in addition to signs affixed to the building facade or freestanding
business signs, provided that:
[1]
The signs provide traffic directions only.
[2]
The top of the traffic direction sign shall be no greater than
six feet above the finished grade at the base of the sign.
[3]
The size, color and design of such sign shall conform to the
latest Manual on Uniform Traffic Control Devices for Streets and Highways,
United States Department of Transportation, Federal Highway Administration.
(b)
Noncommercial exterior directional or informational signs are
permitted, not exceeding two square feet, including but not limited
to the designation of rest rooms, telephone location, restrictions
on smoking and exit ways.
(c)
Banners, streamers, flags, spinners, bunting and similar devices
are prohibited with the following exceptions:
[1]
Patriotic banners, streamers, flags, and bunting are permitted
to be displayed for a period beginning one week before and ending
one week after the following holidays: Presidents' Day, Memorial Day,
Flag Day, Independence Day, Labor Day, and Veterans' Day.
[2]
A single American flag no larger than 15 square feet may be
displayed at a 45 degree angle on any commercial building providing
that it does not interfere with pedestrian passage.
[3]
Banners, streamers, flags, spinners, bunting and similar devices
are permitted in conjunction with the opening of a business, in which
event such display shall not exceed 30 days from the opening date
of said business. Such display must also only be affixed to the building
within which the business is located and not extend across any public
right-of-way such as a street or sidewalk. Such devices require a
permit from the Zoning Officer and cannot be utilized prior to obtaining
said permit.
A.
Streets.
(1)
The minimum public street right-of-way for municipal streets shall
be as approved by the Borough, but in no case shall any municipal
street have less than a fifty-foot right-of-way. Concerning streets
under Monmouth County jurisdiction, the county recommendations shall
prevail.
(2)
The pavement width of streets and the quality of surfacing and base
materials shall adhere to the standards set forth by the Borough,
county or state engineers when said paving concerns the roads under
their jurisdiction.
B.
Curbs. For all subdivision and site plan development applications and for all other development applications involving construction of a new residential or commercial structure, new curbing shall be provided along street cartways and at street intersections. Curbing shall be concrete and shall be constructed in accordance with the provisions of § 330-5 of the Borough Code and approved by the Borough Engineer.
[Amended 7-27-2004 by Ord. No. 29-2004]
C.
Sidewalks. For all subdivision and site plan development applications and for all other development applications involving construction of a new residential or commercial structure, new sidewalks shall be provided. Sidewalks shall be at least four feet wide. Sidewalks shall be concrete, slate or concrete pavers and shall be constructed in accordance with the provisions of § 330-7 of the Borough Code and approved by the Borough Engineer.
[Amended 7-27-2004 by Ord. No. 29-2004]
[Added 6-5-2000 by Ord.
No. 20-2000]
All public services shall be connected to approved public utilities
systems.
A.
The developer shall arrange with the servicing utility for the underground
installation of the utility's distribution supply lines and service
connection in accordance with the provisions of the applicable standard
term and conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners.
B.
The developer shall submit to the approving authority, prior to the
granting of final approval, a written instrument from each serving
utility which shall evidence full compliance with the provisions of
this section; provided, however, lots which abut existing streets
where overhead electric or telephone distribution supply lines and
service connections have heretofore been installed may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities' overhead lines shall be
installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the development and necessitate the replacement,
relocation or extension of such utilities, such replacement, relocation
or extension shall be underground.
C.
In the event of the demolition of a principal use or structure and/or
reconstruction, as defined by N.J.A.C. 5:23-6 (Rehabilitation Subcode)
or an upgrading of the utility service then all utilities shall be
required to be placed underground.
D.
Where natural foliage is not sufficient to provide year-round screening
of any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year round.
E.
Any installation under this section to be performed by a servicing
utility shall be exempt from the requirement of performance guaranties,
but shall be subject to inspection and certification by the Borough
Engineer.
[Added 10-22-2001 by Ord.
No. 29-2001]
The grading and drainage of lots shall be accomplished to secure
proper drainage and to prevent the collection of stormwater while
minimizing the destruction of existing vegetation and the alteration
of the existing topographic features of properties. Towards that end,
the following standards shall apply:
A.
The existing elevation of any land shall not be altered by more than
18 inches by means of soil removal, fill, grading or retaining wall
construction, except as part of an approved development application.
B.
Significant alteration of the topographic features of a lot, pursuant to Subsection A above, shall be prohibited, particularly where existing trees and shrubs are to be removed and/or existing stabilized slopes are to be significantly altered. The utilization of new retaining walls as part of a lot grading plan is prohibited. The significant alteration or penetration of an existing slope in excess of two feet in height for the purpose of driveway construction shall be prohibited.
C.
No alteration of an existing elevation of the land or an approved
grading plan shall be permitted without the approval of the Borough
Engineer, or Planning Board Engineer in the case of alteration of
a grading plan approved by the Planning Board.
D.
In general lots shall be graded as follows:
[Amended 12-16-2003 by Ord. No. 14-2003; 4-10-2012 by Ord. No. 2012-005]
(1)
The minimum slope of an unpaved yard surface shall be 1 1/2%
except for well-defined swales which shall have a minimum slope of
1%.
(2)
The minimum slope on a paved yard surface shall be 1%.
(3)
The maximum slope of an unpaved yard surface shall be 10% within
five feet of a structure and 25% elsewhere.
(4)
The maximum slope of a paved yard surface shall be 5% except for
a driveway which shall have a maximum slope of 10%.
E.
Roof leaders and sump pump drains shall not be permitted to spill
at or through the curb of any street in the Borough. Roof leaders
and sump pump drains for all new structures or additions with a building
footprint of 750 square feet or greater shall be piped directly to
dry wells or seepage pits to be installed on the lot. The dry wells
or seepage pits shall meet the following criteria:
[Added 12-16-2003 by Ord.
No. 14-2003]
(1)
Each dry well or seepage pit shall provide a minimum of 75 cubic
feet of storage volume exclusive of the perimeter stone. A minimum
of one cubic foot of storage volume exclusive of the perimeter stone
shall be provided for each 12 square feet of roof area tributary to
the dry well.
(2)
The dry wells shall be a minimum of two feet above the groundwater
table and have a minimum of one foot of cover. They shall be located
a minimum of 10 feet from any structure or property line and shall
not be located under an impervious surface.
(3)
The dry well shall be placed on, and be surrounded on the sides by,
a six-inch layer of stone wrapped with a geotextile material to prevent
migration of the backfill material into the stone.
(4)
Overflows to the yard surface shall be provided at each leader pipe
in case of back up of the dry well.
A.
No private residential swimming pool shall be constructed or installed
on any lot unless the lot contains a detached dwelling. Pools shall
be located in rear yard areas only and shall not be located closer
than six feet to any lot line. Further, a pool shall be located no
closer than 10 feet to the rear wall of the detached dwelling.
[Amended 10-13-1987 by Ord. No. 13-1987]
B.
A swimming pool shall occupy no more than 75% of the rear yard area in which it is located after observing the setbacks as defined in Subsection A hereinabove.
C.
A private residential swimming pool area must be surrounded by a
suitable fence with a self-latching gate at least four feet, but no
more than six feet in height, and said fence shall be set back from
any lot line at least 10 feet if the fence exceeds five feet in height.
Such fence shall be suitably landscaped to lessen the visual impact
upon adjacent residential uses.
[Added 11-25-2008 by Ord.
No. 2008-012]
A.
No open space provided around any principal building for the purposes
of complying with the front, side, rear or other yard provisions of
this chapter shall be considered as providing the yard provisions
for any other principal building.
B.
Any structure located on a corner lot shall be set back from both streets at least the required front yard distance. Structures located on a corner lots in the R-2 Zone District shall be in accordance with the provisions set forth within Note 7 of § 225-12D Area and yard requirements.
[Amended 3-26-2013 by Ord. No. 2013-001]
C.
Structural projections customarily attached and appurtenant to a
building or structure such as steps, window wells, areaways, light
fixtures, cornices, eaves, gutters, sills, and chimneys are permitted
to project or encroach into the minimum required setback up to a maximum
of 24 inches.
[Amended 11-25-2008 by Ord. No. 2008-010; 4-10-2012 by Ord. No. 2012-005]
D.
Buildings and structures shall not be located or encroach in any
portion of a front yard, except that incidental items such as light
posts, mailboxes and flagpoles shall be permitted in front yards.
[Added 11-25-2008 by Ord.
No. 2008-012]
E.
Accessory buildings and structures may be located in side and rear
yard areas only, subject to the requirements and limitations of this
chapter.
[Added 1-29-1990 by Ord.
No. 1-1990]
A.
Materials designated in Chapter 315, Article II, Recycling Program, shall be separated from other solid waste by the generator thereof and a storage area for such recyclable materials shall be provided as follows:
(1)
Single-family homes. Space should be allowed in the kitchen, laundry
room, basement or the garage for storage of recyclables. Approximately
three square feet of floor area will adequately hold a week's accumulation
of recyclables. Municipalities with biweekly or monthly collection
may need to allow extra space for material storage. This is enough
space to hold either a three-tier unit of three or four five-gallon
buckets.
(2)
Condominiums/townhouses/apartment buildings. Each individual unit
should be designed to accommodate a week's accumulation of paper,
glass and metals. This can be accomplished by allowing space under
the sink area or in a closet for a three-tier stacking unit or for
five-gallon buckets. This would occupy only three square feet of floor
area and would give residents a convenient area for storing their
recyclables. A central location should be provided so that residents
can drop off their source-separated recyclables for storage until
collection occurs. A suggested location for these sites would be near
the refuse receptacle units. These could be outdoor recycling bins
located near the refuse units or in a common area of the condominium
units, e.g., near the laundry room. These storage areas should be
easily accessible for the residents of the building to drop off their
materials. They should also be planned with truck access in mind in
order to facilitate loading of materials for delivery to markets.
In a multistory building, a space provided on each floor will produce
the highest participation rates. The bins should be clearly labeled
so it is obvious they are for recyclables and not trash.
(3)
Commercial establishments. Developers of commercial establishments
generating a homogenous waste stream must have a plan for recycling
these materials. The most likely materials will be office paper, corrugated
containers, glass, tin cans and food waste. In order to determine
the amount of space required, cubic-yard equivalents have been given
for the number of bottles or cans.
(4)
Office paper. The average office worker generates 3/4 pounds of office
paper per week. The loading dock areas should be designed for interim
storage of Gaylord containers or hampers. These containers are approximately
four feet by four feet by four feet and hold approximately 500 pounds
of paper. The size of the storage area required will be dependent
on the number of workers in the buildings and the frequency with which
the vendor picks up the materials.
(5)
Corrugated containers. Because corrugated is a particularly bulky
item for disposal, it needs to be flattened and baled, compacted or
tied in bundles. Space will be required for storage of materials prior
to pickup by either a paper vendor or a recycling contractor. The
amount of space required for storage will depend on the amount of
material generated by the establishment, and whether the material
is baled, tied in bundles or stored in a compactor.
(6)
Glass. The simplest method for storing glass, after it has been separated
by color, is by purchasing or leasing a glass crusher. This will obviously
allow more glass to be stored in a smaller space. If this is not available,
glass will need to be rinsed, color separated and stored in fifty-five-gallon
drums, in small dumpsters or in four-by-four-by-four pallet boxes
which can be loaded by a fork lift. There are approximately three
twelve-ounce bottles in a pound, and one cubic yard of whole bottles
weighs 600 pounds or approximately 900 twelve-ounce bottles.
(7)
Tin cans. A commercial establishment generating ferrous (tin-plated
steel) cans, which are used for food storage, in large quantities
may be required to recycle them. For sanitary reasons, cans should
be rinsed before storing. There are approximately 12 cans in a pound
and approximately 1,800 cans in a cubic yard.
(8)
Food waste. Food waste is any edible waste material resulting from
the handling, preparation, processing, cooking or consumption of food.
[Added 9-20-2005 by Ord.
No. 29-2005; amended 10-30-2007 by Ord. No. 2007-021; 11-25-2008 by Ord. No. 2008-010; 4-23-2013 by Ord. No. 2013-006]
A.
The purpose of this section is to establish performance standards
for outdoor cafes as a conditional restaurant accessory use in the
RC Retail Commercial Zone of the Borough of Spring Lake. It shall
be unlawful for any person, firm, partnership, corporation, association
or organization of any kind (hereinafter collectively referred to
as "person") to create, establish, operate, maintain or otherwise
be engaged in the business of conducting an outdoor café upon
the sidewalks of the Borough of Spring Lake, or on private property,
unless such person shall comply with the specifications and requirements
set forth herein.
B.
BUSINESS OPERATOR
OUTDOOR CAFE
SIDEWALK
Definitions. For the purpose of this section, the following words
shall have the meaning respectively ascribed in this subsection:
Any person, firm, partnership, corporation, association or
organization of any kind who establishes, operates, maintains or is
otherwise engaged in the business of conducting an outdoor café
upon the sidewalks of the Borough of Spring Lake or on private property.
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front or on the side of any restaurant, café, cafeteria
or place of business where food and/or other refreshments are served.
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing an
eating establishment.
C.
There shall be a minimum of seven feet from the curb edge (light
poles, trees and other objects shall be included in the measurement)
directly in front of the outdoor café free and clear and available
for pedestrian traffic. The outdoor café may be either directly
in front or on the side of an eating establishment as hereinafter
defined. The term "directly in front or on the side of" shall confine
the café to the area represented by an extension of each side
of the store occupied by the eating establishment projected directly
to the curbline immediately in front thereof.
D.
All tables and chairs must be constructed of material of sufficient
weight or otherwise fastened or secured so as to not be affected by
high winds. The perimeter of the outdoor café may be defined
and set off by a portable-type enclosure that may include live potted
plantings. The enclosure shall define the perimeter of the area to
be used as an outdoor café and shall separate it from the pedestrians
traversing the sidewalk. The enclosure shall not contain doors or
windows nor air-conditioning or heating equipment and shall be open
at all times to the air, and the enclosure shall not have a height
of more than three feet. Awnings or outdoor umbrellas extending over
the enclosure are permitted, provided that the lowest portion of the
awning or umbrella is not less than seven feet above the adjacent
sidewalk and does not extend more than one foot beyond the enclosure.
E.
No food or drinks served at an outdoor café shall be prepared
or stored other than in the interior of the eating establishment.
Each business operator is responsible for keeping the area of the
outdoor café and the adjacent walks and streets free and clear
of any debris or litter occasioned by the café. Areas shall
be cleaned as needed.
F.
No vending machines of any kind are permitted on the exterior of
any building operating an outdoor café.
G.
No signs shall be permitted in the area of the outdoor café, except as set forth in § 225-25 of this chapter. There shall be no logos or advertising upon any umbrellas without prior zoning approval.
H.
No tables, chairs or other equipment used in the outdoor café
shall be attached, chained or in any manner affixed to any tree, post,
sign, curb or sidewalk, or property of the Borough of Spring Lake
within or near the licensed area. No equipment, umbrellas or any other
material of any kind other than tables and chairs shall be permitted
to remain outdoors during hours in which the business is not open
to the public and operating. All chairs remaining outdoors during
hours in which the business is not open to the public and operating
shall be stacked and stored as close to the structure as practicable.
I.
The business operator shall not direct or permit to be directed to
or from the area occupied by the outdoor café any bell, chime,
siren, whistle, loudspeaker, public address system, radio, sound amplifier
or similar device.
J.
No outdoor café shall open for business prior to 7:00 a.m.
nor remain open for business after 10:00 p.m. All persons occupying
the outdoor café shall vacate the same no later than 10:30
p.m.
L.
Design standards:
(1)
The chairs and tables shall be either black, forest green or
hunter green in color and shall be constructed of the materials as
established by resolution.
(2)
At all times there shall remain a minimum of three feet of clearance
for pedestrian traffic on the sidewalk.
(3)
There shall be no electric fixtures other than those installed
on the exterior wall of the building. Any exterior lighting shall
be controlled by timers and shall not illuminate any area beyond the
area directly in front of the structure utilized for the café.
(4)
The business operator shall keep trash cans inside the business
establishment at all times.
(5)
All paper products and condiments shall remain inside the business
establishment.
