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.
D. 
Height of accessory building. The height of accessory buildings shall be as prescribed in Article IV.
E. 
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV. If erected on a corner lot, the accessory building shall be set back from both streets at least the required front yard distance.
[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;
(2) 
A private garage shall contain no hot water plumbing or sanitary facilities.[1]
[1]
Editor's Note: Former Subsection A(3), regarding a private garage providing for loading facing a street, which immediately followed, was repealed 11-25-2008 by Ord. No. 2008-012.
(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.
B. 
In the event that an existing residential structure is demolished or removed, the construction of a structure on said property would be considered new construction and would require construction of a private garage as defined in § 225-7.
C. 
Private garages are not required in the R-2 District; however, in the event they are existing or to be constructed in said district they shall be subject to the conditions and requirements set forth in Subsection A above.
[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:
A. 
There is no private garage as an accessory building to the same principal residential use.
B. 
No attached garage shall provide for loading facing a street.
[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.
[1]
Editor's Note: See Ch. 250, Noise.
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. 
Definitions.
AWNING
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.
BOX SIGN OR LIGHTED BOX SIGN
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 FRONTAGE
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.
BUSINESS DIRECTORY
Any sign that contains listings of two or more businesses that share a common entrance, identifying the businesses and their locations within the building.
BUSINESS DISTRICTS
The RC and GC Districts as identified on the Borough Zoning Map.
CANOPY
A permanent, roofed structure projecting from a wall with or without supporting columns.
CONSTRUCTION SIGN
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.
FACADE
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.
FOOD SERVICE BUSINESS
A business that sells food prepared on the premises; such as a restaurant, delicatessen, bakery, or butcher shop.
FREESTANDING SIGN
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.
LOGO
A distinctive mark, sign or symbol, or a graphic version of a company's name, used to identify and promote its product.
NEON SIGN
Any sign consisting of transparent glass or plastic tubing radiating colored or white light.
PRINCIPAL STREET
The single street which provides the most access and/or the predominant business exposure for a particular business.
PROJECTING SIGN
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.
REAL ESTATE LISTING SIGN
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.
ROOF SIGN
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.
SELF-ILLUMINATED SIGN
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.
SIDEWALK SIGN
Any temporary portable exterior sign, including sandwich boards.
SIGN AREA
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.
TEMPORARY SIGN/TEMPORARY WINDOW SIGN
Any sign, including a banner or flag, put up for a limited period of time for the purpose of:
(1) 
Displaying information regarding a special offer of products, services or positions available.
(2) 
Announcing special events, holidays or seasons and/or pertaining to civic, religious, political or philanthropic activities.
WALL SIGN
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."
WINDOW SIGN
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.
(7) 
Any sign or awning not specifically permitted or within an exception under the regulations of § 225-25 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]
D. 
Exemption. Because of the narrow width of the street cartways, the following streets within the Borough of Spring Lake shall be exempt from the application of Subsections B and C, as they relate to sidewalks:
[Added 10-18-2005 by Ord. No. 43-2005]
(1) 
Glenwood Avenue.
(2) 
Edgewood Place.
(3) 
Valandora Court.
[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%.
(5) 
All plans must conform to the most recent stormwater management regulations.[1]
[1]
Editor's Note: See Ch. 321, Stormwater Management.
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.
F. 
Basements.
[Added 12-16-2003 by Ord. No. 14-2003; amended 1-25-2005 by Ord. No. 4-2005; 3-23-2021 by Ord. No. 2021-002]
(1) 
Basement floor slabs shall be a minimum of two foot above the seasonal high groundwater elevation.
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. 
Definitions. For the purpose of this section, the following words shall have the meaning respectively ascribed in this subsection:
BUSINESS OPERATOR
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.
OUTDOOR CAFE
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.
SIDEWALK
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.
K. 
(Reserved)[1]
[1]
Editor's Note: Previous subsection pertaining to establishments that front on Third Avenue was repealed 11-25-2008 by Ord. No. 2008-010.
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.