[Amended 5-7-1981 by Ord. No. 32-1981; 6-15-1988 by Ord. No.
1-1988; 9-19-2001 by Ord. No. 46-2001; 3-10-2004 by Ord. No.
9-2004[1]]
A.
Purpose. It is the intent of this chapter to provide for gradual transitions between commercial or industrial uses and residential uses to the end that the juxtapositioning of such incompatible uses may be minimized. When possible, such transitions are achieved through careful mapping of districts. However, in some cases it is not feasible to avoid the juxtapositioning of districts which permit incompatible uses. To further the goal of providing for gradual transitions between commercial or industrial uses, this section establishes additional standards and regulations for the use of lots located at the boundaries between such districts. The requirements of this section shall not apply to commercial planned development of piers pursuant to § 163-165.
B.
(Reserved)
C.
Commercial, resort commercial or industrial district boundary lots
bordering more restrictive districts. In any case where a commercial,
resort commercial or industrial district boundary lot has a lot line
in common with a residential district or where such district boundary
lot is in any part directly across a street or private road from a
lot in a residential district, such commercial, resort commercial
or industrial district boundary lot shall, for a distance of 100 feet
from the residential district boundary lot in question, be subject
to all of the regulations of the residential district, except that,
upon compliance with following additional requirements, such portion
of such commercial, resort commercial or industrial district boundary
lot may be devoted to uses permitted or permissible in the district
in which it is located.
(2)
No such use shall be located closer to the residential district boundary
line in question than the minimum front yard setback required in the
adjacent district in question, plus 1/2 of the width of any street
or private road separating such lot from such adjacent district.
(3)
Except as provided in Subsection C(2) above, any such use shall comply with the yard, space and bulk requirements applicable in the adjacent district in question.
(4)
Any perimeter landscaped open space shall be provided along every
lot line in any residential district.
(5)
Except as modified by this section, any such use shall comply with
all of the regulations applicable in the district in which it is located.
(6)
The limitations of this section shall not apply to any use located
more than 100 feet from the district boundary line in question.
D.
District boundary height regulations. In any case where a commercial or industrial district boundary line has any lot line in common with a residential district which is more restrictive in height or is directly across the street or private road from a lot in said more restrictive residential district and where Subsection C(3) of this section does not impose a more restrictive regulation on the bulk of the permitted building, the following regulations shall apply;
(1)
No structure on such lot in the commercial or industrial district
shall encroach upon the building envelope defined by the following
planes:
(2)
The described building envelope is illustrated in the diagram at
the end of this chapter.[2]
[2]
Editor's Note: See Diagram IV, District Boundary Height Regulations.
[1]
Editor's Note: Ordinance No. 53-2005, adopted 7-13-2005, ratified,
confirmed and readopted this ordinance for the reasons set forth in
Res. Nos. 157 of 2004 and 566 of 2005. The full text of these resolutions
is on file in the City offices.
A.
Purpose. Modern religious, cultural and social thought recognizes
value in relations having many aspects in common with the traditional
family relationship but not based exclusively on ties of blood or
marriage. If properly regulated to avoid possible adverse physical
effects on residential neighborhoods, stable groups formed on the
basis of such nontraditional relationships can provide a valid alternative
lifestyle which should be permitted within the City. The purpose of
this section is to define, permit and regulate the occupancy of dwelling
units by group family households.
B.
Authorization. Subject to the standards hereinafter established and
subject to the issuance of a certificate of land use compliance as
hereinafter required, group family households may occupy dwelling
units within the City located in districts other than the R-1 and
R-2 Residential Districts.
[Amended 4-24-1980 by Ord. No. 44-1980]
C.
Definition.
(1)
A "group family household" is a group of four or more persons, not constituting a family as defined in § 163-15 of this chapter, living together in a dwelling unit as a single housekeeping unit, under a common housekeeping management based on an intentionally structured relationship of mutual responsibility and providing an organization and stability essentially equivalent to that found in families based on relationships of marriage and blood.
(2)
In determining whether or not a group of individuals constitute a
group family household, the Land Use Administrator shall consider
all available information and, specifically, the following factors:
(a)
Whether the group contains within it and is formed around one
or more families as defined in this chapter.
(b)
The extent to which the group recognizes one or more of its
members as the head or heads of the household.
(c)
Whether the group includes children, as well as adults, and,
if so, the group's mechanism for carrying out the child-rearing function.
(d)
The extent to which group membership is based upon express covenants
or agreements of unlimited duration, including the past stability
of group membership and expectations for stability in the future.
(e)
The extent to which a group decision making process controls
not only housekeeping arrangements but also personal aspects of the
members' lives.
(f)
The extent to which the group functions as a single economic
unit, with members sharing financial resources and obligations.
(g)
The extent and nature of the division of labor within the group
regarding such common household activities as food preparation, housecleaning
and laundry.
(h)
The extent to which household possessions, such as furniture,
appliances and automobiles, are commonly owned and shared by all members
of the group.
(i)
The extent to which all members of the group have free access
to all areas of the dwelling unit.
(j)
The extent to which some religious, moral or other common belief
forms the basis of the group's association.
(3)
In determining whether a group constitutes a group family household,
the Land Use Administrator shall consider all facts and circumstances,
and the presence or absence, in whole or in part, of any particular
factor shall not be deemed controlling.
D.
Certificates of land use compliance required. No dwelling unit shall be occupied by a group family household unless a certificate of land use compliance certifying the compliance of such occupancy with the provisions of this section and other applicable provisions of this chapter shall have first been issued as provided in Part 6, Article XXXVI, of this chapter.[1]
[1]
Editor's Note: Former Subsection E, which dealt with group
family household occupancies and which immediately followed this section,
was repealed 6-15-1988 by Ord. No. 1-1988.
A.
Purpose. The regulations of this section dealing with home occupations
are designed to protect and maintain the residential character of
established neighborhoods while recognizing that certain professional
and limited business activities have traditionally been carried on
in the home. This section recognizes that, when properly limited and
regulated, such activities can take place in a residential structure
without changing the character of either the neighborhood or the structure.
B.
Authorization. Except as otherwise expressly provided or limited
in this section, any home occupation that is customarily incidental
to the principal use of a building as a dwelling shall be permitted
in any dwelling unit. Any question of whether a particular use is
permitted as a home occupation by the provisions of this section shall
be determined by the Land Use Administrator pursuant to his authority
to interpret the provisions of this chapter.
C.
Definition. A "home occupation" is a business, profession, occupation
or trade conducted for gain or support entirely within a residential
building or a structure accessory thereto, which is incidental and
secondary to the use of such building for dwelling purposes and which
does not change the essential residential character of such building.
D.
Certificate of land use compliance required. No home occupation shall be established or maintained unless a certificate of land use compliance evidencing the compliance of such home occupation with the provisions of this section and other applicable provisions of this chapter shall have first been issued in accordance with Part 6, Article XXXVI, of this chapter.
E.
Use limitations. In addition to all of the use limitations applicable
in the district in which it is located, no home occupation shall be
permitted unless it complies with the following restrictions:
(1)
Not more than one person who is not a resident on the premises shall
be employed, and then only as a clerical assistant.
(2)
No more than 25% or 400 square feet of the floor area of the dwelling
unit, whichever is less, shall be devoted to the home occupation.
(3)
No alteration of the principal residential building shall be made
which changes the character and appearance thereof as a dwelling.
(4)
No stock-in-trade shall be displayed or sold on the premises.
(5)
The home occupation shall be conducted entirely within the principal
dwelling unit or in a permitted private garage accessory thereto,
and in no event shall such use be apparent from any public way.
(6)
There shall be no outdoor storage of equipment or materials used
in the home occupation.
(7)
Not more than one vehicle used in commerce shall be permitted in
connection with any home occupation, and any such vehicle shall be
stored in an enclosed garage at all times.
(8)
No mechanical, electrical or other equipment which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure shall be used.
(9)
No home occupation shall be permitted which is noxious, offensive
or hazardous by reason of vehicular traffic, generation or emission
of noise, vibration, smoke, dust or other particulate matter, odorous
matter, heat, humidity, glare, refuse, radiation or other objectionable
emissions.
(10)
No sign, other than one unlighted sign not over one square foot
in area attached flat against the dwelling and displaying only the
occupant's name and occupation, shall advertise the presence or conduct
of the home occupation.
F.
Particular home occupations permitted. Except as provided in Subsection G below, customary home occupations include all occupations which meet the purposes, standards and requirements of Subsections A through E of this section and, in particular, include, but are not necessarily limited to, the following list of examples:
(1)
Providing instruction to not more than two students at a time, except
for occasional groups.
(2)
Day care of not more than six nonresident children.
(3)
Office facilities for accountants, architects, brokers, engineers,
lawyers, insurance agents, realtors and members of similar professions.
(4)
Consultation or emergency treatment by a doctor or a dentist, but
not the general practice of his profession.
(5)
Office facilities for ministers, priests and rabbis.
(6)
Office facilities for salesmen, sales representatives and manufacturer's
representatives when no retail or wholesale sales are made or transacted
on the premises.
(7)
Studio of an artist, photographer, craftsman, writer, composer or
similar person.
(8)
Shop of a beautician, barber, hair stylist, dressmaker, tailor or
similar person.
(9)
Homebound employment of a physically, mentally or emotionally handicapped
person who is unable to work away from home by reason of his disability.
(10)
The lettering for hire by a resident owner of rooming units
for residential use for a total of not more than two persons.
G.
Particular occupations prohibited. Permitted home occupations shall
not, in any event, be deemed to include:
(1)
Nursing homes.
(2)
Funeral homes, mortuaries and embalming establishments.
(3)
Restaurants.
(4)
Stables, kennels or veterinary hospitals.
(5)
Tourist homes or the letting of more than two rooming units.
(6)
Clinics, hospitals or the general practice of medicine or dentistry.
(7)
Clubs, including fraternities and sororities.
(8)
Instruction of more than two students at a time except for occasional
groups.
(9)
Day care for more than six nonresident children.
(10)
Retail or wholesale businesses of any kind involving transactions
on the premises.
A.
Authorization. Except as otherwise expressly provided or limited
in this section, accessory structures and uses are permitted in any
zoning district in connection with any principal use lawfully existing
within such district. Any question of whether a particular use is
permitted as an accessory use by the provisions of this section shall
be determined by the Land Use Administrator pursuant to his authority
to interpret the provisions of this chapter.
B.
Definition. An "accessory structure" or use is a structure or use
which:
(1)
Is customarily associated with and subordinate to and serves a principal
building or a principal use.
(2)
Is subordinate in area, extent and purpose to the principal structure
or principal use served.
(3)
Contributes to the comfort, convenience or necessity of the occupants,
business or industry in the principal structure or principal use served.
(4)
Is located on the same lot as the principal structure or principal
use served, except as otherwise expressly authorized by the provisions
of this chapter.
C.
Certificate of land use compliance required. No accessory use or structure shall be established or constructed unless a certificate of land use compliance evidencing the compliance of such use or structure with the provisions of this section and other applicable provisions of this chapter shall have first been issued in accordance with Part 6, Article XXXVI, of this chapter.
D.
Use limitations. In addition to all of the use limitations applicable
in the district in which it is located, no accessory use shall be
permitted unless it complies with the following restrictions:
(1)
No sign, except as expressly authorized by this section or by § 163-71, shall be maintained in connection with an accessory use.
(2)
No accessory structure or use shall be constructed or established
on any lot prior to the time of the substantial completion of the
construction of the principal structure to which it is accessory.
E.
Particular permitted accessory structures and uses. Except as provided in Subsection F below, accessory structures and uses include all structures and uses which comply with the standards and requirements of Subsections A through D of this section and, in particular, may, when such standards and requirements are met, include but are not necessarily limited to the following list of examples:
(1)
Private residential garages and parking lots and parking areas, together
with related circulation elements.
(2)
Private customer and employee garages and parking lots and parking
areas, together with related circulation elements.
(3)
A structure for storage incidental to a permitted use, provided that
no such structure that is accessory to a residential building shall
exceed 100 square feet in gross floor area, and provided that no such
structure which is accessory to any other type of principal building
shall exceed 10% of the volume of such principal building.
(4)
Statuary, arbors, trellises, flagpoles, children's play equipment
and playhouses, clotheslines and other decorative, recreational or
utility structures of a similar nature.
(5)
Tennis courts accessory to a residential building and limited to
use by the occupants thereof and their guests.
(6)
A private swimming pool and bathhouse accessory to a residential
building and limited to use by the occupants thereof and their guests,
provided that such swimming pool or the entire property on which it
is located shall be walled or fenced to prevent uncontrolled access
to such swimming pool from the street and from adjacent properties.
Such swimming pool shall be set back not less than six feet from any
lot line, measured from the edge of the water area of the pool.
[Amended 6-15-1988 by Ord. No. 1-1988]
(7)
A guest house or servants' quarters, not including kitchen facilities;
provided, however, that such structures are used only for the housing
of persons employed on the premises or for the occasional housing
of guests of the occupants of the principal building and not as rental
units or for permanent occupancy as dwelling or rooming units for
persons other than such employees.
(8)
Fences and walls.
[Amended 4-24-1980 by Ord. No. 44-1980]
(a)
Fences and walls, subject to the following requirements:
[Amended 6-15-1988 by Ord. No. 1-1988]
[1]
No portion of any fence or wall shall be more than four feet in height except pursuant to § 163-68E(8)(a)[2].
[2]
Privacy fences shall be limited to the rear yard and shall not
exceed six feet in height.
(b)
The Planning Board and the Zoning Board of Adjustment, during
site plan review, or the Land Use Administrator, during review for
a certificate of land use compliance, may grant approval for higher
fences or walls if there are not substantial adverse effects.
(c)
On surrounding land use, the limitations shall not apply to
living hedges in side and rear yards.
(9)
Fallout shelters, provided that they shall not be used for any principal
or accessory use not permitted in the zoning district.
(10)
Outdoor storage of no more than one boat trailer, camping trailer
or camping vehicle, provided that no part of such storage area shall
be located in a front yard, and provided that such boat, trailer or
vehicle shall not be used for living, sleeping or housekeeping purposes.
(11)
Building management offices when limited to the management of
the building in which such office is located or a complex of buildings
forming an integrated development of which such building is a part.
(12)
Energy conservation facilities.
F.
Particular uses prohibited as accessory uses. Permitted accessory
uses shall not in any event be deemed to include:
(1)
Parking or storage of automotive vehicles of any kind or type without
current license plates on any residentially zoned property other than
in completely enclosed buildings.
(2)
Outdoor display or storage of merchandise or equipment, except in
rear yards located in commercial and industrial districts.
(3)
Casinos or any other gaming or gambling establishment or use.
G.
Space, bulk, yard and location regulations.
(1)
In all residential districts, all detached structures and uses accessory
to a dwelling unit contained in a single-family detached, semidetached,
two-family or attached dwelling, except vehicular circulation elements
for all uses and parking areas for not more than one vehicle for each
attached dwelling, shall be located in the rear yard.
[Amended 11-6-2002 by Ord. No. 55-2002]
(2)
In all residential districts and on all lots having any side lot
line in common with a residential district boundary line, then no
portion of the accessory structure or use shall be closer than five
feet to any side lot line and three feet to any rear lot line.
[Amended 6-15-1988 by Ord. No. 1-1988]
(4)
In all residential districts, attached accessory structures and uses
shall maintain the same front and side yard as is required for the
principal structures.
(5)
No accessory structure or use in any residential district shall occupy
more than 35% of the required rear yard.
(6)
No accessory structure in any district shall exceed the height of
the principal structure, if any, to which it is accessory, and no
accessory structure shall in any event exceed the maximum height specified
for such structures in the applicable district regulations.
(7)
In all residential districts where any side lot line of a corner
lot is substantially a continuation of the front lot line of any lot
located in a residential district and adjacent to such corner lot,
no accessory structure or use within 25 feet of the rear lot line
of such corner lot shall be located closer to such side lot line than
a distance equal to the depth of the front yard required or existing,
whichever is less, on such adjacent lot.
(8)
In all commercial, resort and industrial districts, accessory structures
shall maintain the same front, side and rear yard as is required for
the principal structure, except that parking garages may be located
in a required rear yard.
(9)
Energy conservation facilities may, notwithstanding the foregoing
provisions of this subsection, be located in any required side or
rear yard upon a finding by the Land Use Administrator that:
(a)
The facility is necessary and designed to accomplish energy
savings.
(b)
Said facility could not be provided without encroaching upon
the required yards.
(c)
The encroachment is limited to the minimum dimensions required
for the purpose.
(d)
The front yard is not encroached upon.
(e)
Emergency access is not blocked.
(10)
In all districts on any corner lot, no accessory structure or use and no planting of any type shall be established or maintained above a height of 2 1/2 feet from grade within the area of the sight triangle required by § 163-131.
(11)
In all districts, no accessory structure shall be closer than
10 feet to a principal structure or five feet to any other accessory
structure, unless it is attached to such principal or other structure.
(12)
Accessory parking lots shall comply with the setbacks required by § 163-70A(2)(a).
(13)
Accessory parking facilities shall be distributed in accordance with the provisions of § 163-70A(1)(c).
(14)
Accessory structures and uses shall otherwise comply with the
space, bulk and yard regulations applicable in the district in which
they are located, except that outdoor storage merchandise and equipment
shall be permitted in rear yards in commercial and industrial districts.
(15)
Any of the foregoing regulations to the contrary notwithstanding, fences, walls and hedges meeting the standards set forth in Subsection E(8) hereof shall be permitted on or within three feet of any lot line, and obstructions permitted in required yards pursuant to § 163-158, the definition of "yard," of this chapter shall be permitted as therein provided.
A.
Authorization. Temporary uses are permitted as, and only as, expressly
provided in this section.
B.
Definition. A "temporary use" is one established for a fixed period
of time with the intent to discontinue such use upon the expiration
of such time. Such uses do not involve the construction or alteration
of any permanent structure. No use expressly permitted or permissible
as a permanent or temporary use in any district pursuant to the provisions
of this chapter shall be allowed as a temporary use in any other district.
C.
Certificate of land use compliance required. No temporary use shall be established or maintained unless a certificate of land use compliance evidencing the compliance of such use with the provisions of this section and other applicable provisions of this chapter shall have first been issued as provided in Part 6, Article XXXVI, of this chapter.
D.
Use limitations. In addition to all of the use limitations applicable
in the district in which it is located, no temporary use shall be
permitted unless it complies with the following restrictions:
(1)
No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Land Use Administrator in the certificate required by Subsection C of this section on the basis of the nature of the temporary use and the character of the surrounding area and uses.
(2)
No sign in connection with a temporary use shall be permitted except in accordance with the provisions of § 163-71.
(3)
No contractors' offices and equipment as provided for in Subsection E(4) of this section shall be permitted in a beach district unless the applicant for the certificate of land use compliance shall have obtained the prior approval of the City Council of the City of Atlantic City.
[Added 6-19-1985 by Ord. No. 40-1985]
E.
Particular temporary uses permitted. Subject to the use limitations set forth in Subsection D above, to the specific regulations and time limits which follow and to the other applicable regulations of the district in which the use is to be located, the following temporary uses of land, and no others, are permitted in the zoning districts and only the zoning districts herein specified:
(1)
Mobile homes. Mobile homes shall be permitted in any district as
a temporary residence during the reconstruction of a dwelling unit
damaged or destroyed by any means not within the control of the owner
of such dwelling unit. Such use shall be limited to the period of
such reconstruction and, in any event, no longer than 12 months following
such damage or destruction. No such use shall be undertaken unless
such mobile home shall have first been properly connected to City
water and sewer lines and to all required public utilities.
(2)
Craft shows, exhibits and sales. Indoor and outdoor art and craft
shows, exhibits and sales on private property or, subject to the approval
of the agency having jurisdiction, on any public property in any commercial,
resort or industrial district and, subject to proper approval of the
park authorities, in any public park in a residential district shall
be permitted. Such use shall be limited to a period not to exceed
five days.
(3)
Christmas tree sales. Christmas tree sales shall be permitted in any commercial or industrial district and in any residential district on property owned by any not-for-profit group or organization when conducted by such group or organization and when approved by the Land Use Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on other properties in the residential district. Such use shall be limited to a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of this chapter, except that no tree shall be displayed so as to obstruct the sight triangles required by § 163-131.
(4)
Construction staging, contractors' offices and related construction
uses and structures. Contractors' offices and equipment sheds containing
no sleeping or cooking accommodations (except as incidental to construction
offices), construction staging and all other uses and structures related
to the construction of a project, including concrete batch plants
and the like, shall be permitted in any district when accessory to
a construction project. Such uses and structures shall be limited
to a period not to exceed the duration of such project.
[Amended 5-21-2008 by Ord. No. 37-2008]
(5)
Real estate offices containing no sleeping or cooking accommodations
unless located in a model dwelling unit and model dwelling units in
any district when accessory to a new development. Such use shall be
limited to the period of the active selling or leasing of units in
such development or for no more than 45 days after the issuance of
a temporary certificate of occupancy, whichever event shall take place
first. Upon the occurrence of either event, such real estate offices
shall be removed. In no event shall the temporary use be continued
once a temporary certificate of occupancy or a certificate of occupancy
has been issued for the new development.
[Amended 3-5-1986 by Ord. No. 7-1986; 6-15-1988 by Ord. No.
1-1988]
(6)
Carnivals or circuses. A carnival or circus shall be permitted in any commercial, resort or industrial district or in any residential district on property owned by any not-for-profit group or organization and when approved by the Land Use Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties in the residential district. Such use shall be limited to a period not to exceed 21 days. Such use need not comply with the front yard requirements of this chapter, except that no use, structures or equipment shall be so located as to obstruct the sight triangles required by § 163-131. Such use need not comply with the maximum height requirements of this chapter.
(7)
Freestanding outdoor retail sales, food markets, produce sales, food sales, flea markets and other similar type uses. These uses shall be permitted in the Highway Commercial Zone (HW-C), Area Commercial Zone (AC) and in any zoning district on property owned by a not-for-profit group. The uses shall be limited to one through five operation days not to exceed a frequency of four times a year. The rescheduling of rain-out days will be approved by the Land Use Administrator, but under no circumstances shall the days be added to another scheduled five-day event. No improvements shall be required on the property on which these uses are located. At a minimum, the site area shall be clean and well-maintained. Any use within this category that is over five days in duration and located in the HW-C and AC Zones shall require a conditional use permit from the Atlantic City Planning Board and shall be subject to the conditional use standards as set forth in § 163-142 of this chapter.
[Added 7-21-1993 by Ord. No. 53-1993[1]]
[1]
Editor's Note: Ordinance No. 59-2005, adopted 8-10-2005, amended
this ordinance to provide that no flea markets are to be held on the
Boardwalk at any time within the City of Atlantic City.
F.
Space, bulk and yard regulations. Except as expressly provided otherwise in Subsection E above, every temporary use shall comply with the space, bulk and yard regulations applicable in the district in which such temporary use is located.
G.
Parking and loading. Before approving any temporary use, the Land
Use Administrator shall make an assessment of the total number of
off-street parking and loading spaces which will be reasonably required
for such use, on the basis of the particular use, its intensity and
the availability of other parking and loading facilities in the area,
and shall approve such temporary use only if such off-street parking
and loading is provided.
The purpose of this section is to prevent or alleviate the congestion
of the public streets and to promote the safety and welfare of the
public by establishing minimum requirements for the off-street parking,
loading and unloading of motor vehicles in accordance with the use
to which property is put.
A.
Parking requirements.
(1)
General requirements.
(a)
Applicability to existing, new and expanded uses.
[1]
Except as provided otherwise in this subsection and in Subsection A(1)(b) below, the provisions of this subsection shall apply to new and existing uses in accordance with the provisions of Part 1, Article II, and Part 7, Article XXXVIII, of this chapter, and off-street parking spaces shall be provided as required in this section.
[2]
Whenever a use existing on the effective date of this chapter is changed thereafter to a new use, parking facilities shall be provided as required herein for such new use, except that, in any district other than a resort development district, when any such existing use was deficient in required parking spaces on such effective date, such new use may be established with a deficiency in required parking spaces equal in number to not more than such preexisting deficiency. Lawfully existing commercial uses not subject to Subsection A(1)(a)[3] hereof located in the NC-1, NC-2, CBD, AC, RS, RMC-4 and RS-C Districts changed thereafter to a new lawful commercial use are not subject to these requirements.
[Amended 11-6-2002 by Ord. No. 55-2002]
[3]
Whenever the intensity of use of any building, structure or
use is increased through the addition of dwelling units, gross floor
area, seating capacity or other units of measurement specified herein
for required parking facilities, parking facilities as required herein
shall be provided for such increase in intensity of use; provided,
however, that in any district, no building, structure or use lawfully
existing on the effective date of this chapter or any amendment of
it establishing parking requirements with respect to such building,
structure or use shall be required to provide any additional parking
facilities pursuant to this subsection unless and until the aggregate
increase in units of measurement shall equal more than 10% of the
units of measurement existing upon such effective date, in which event
parking facilities as required herein shall be provided for the total
aggregate increase.
[Amended 6-15-1988 by Ord. No. 1-1988]
[4]
Nothing in this chapter to the contrary withstanding, no residential
building or structure shall be permitted to convert to a condominium
or cooperative unless and until there exists one parking space on
the premises or adjacent thereto for each proposed condominium or
cooperative.
[Added 11-8-1979 by Ord. No. 70-1979; amended 12-6-1979 by Ord. No.
75-1979]
(c)
Location of required parking spaces. Parking spaces required
by this section shall be located as herein provided:
[Amended 6-15-1988 by Ord. No. 1-1988]
[1]
Residential uses. All residential parking requirements shall
be met on site.
[2]
Hotel and casino-hotel uses located in the Resort Commercial
District. All or any portion of required patron parking being located
in Atlantic City shall be provided either in the RS-C District or
in the commercial zones adjacent thereto. All or any portion of required
employee parking being located in Atlantic City shall be provided
in the RS-C District or in any commercial zone, with the exception
of the NC-1 and MC Zones. In no case shall any hotel or casino-hotel
use provide less than the number of required parking spaces without
prior approval from Planning Board. Nothing herein shall be construed
so as to prohibit intercept parking to be located outside of the City
of Atlantic City.
[Amended 3-17-1993 by Ord. No. 21-1993; 5-6-2009 by Ord. No.
25-2009]
[3]
Other nonresidential uses located in the RS-C District must
provide 100% of required parking on-site or in commercial districts.
[Amended 3-17-1993 by Ord. No. 21-1993]
[4]
Nonresidential uses except hotel uses located in other commercial districts shall provide 100% of required parking on-site or in commercial districts. Hotel uses shall provide 100% of required patron parking on-site. Hotel employee parking shall be provided pursuant to § 163-70A(1)(c)[2] hereof.
[Amended 3-17-1993 by Ord. No. 21-1993]
(d)
Computation of required spaces.
[1]
When determination of the number of required parking spaces
results in the requirement of a fractional space, any fraction up
to and including 1/2 shall be disregarded, and any fraction over 1/2
shall require one parking space.
[2]
In stadiums, sports arenas, churches and other places of assembly
in which patrons or spectators occupy benches, pews or other similar
seating facilities, each 20 inches of such seating facilities shall
be counted as one seat for the purpose of determining the requirement
for off-street parking facilities under this chapter.
[3]
When parking spaces are required on the basis of the number
of faculty, staff, students or employees, the maximum number present
at any one time shall govern.
(e)
Uses not specified. For uses not expressly listed in Subsection A(3) of this section, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Land Use Administrator pursuant to his authority to interpret the provisions of this chapter.
(f)
Collective provision of required spaces. Nothing in this section
shall be construed to prevent the collective provision of off-street
parking facilities for two or more uses, subject to the following
conditions:
[2]
Except as provided in Subsection A(1)(g) of this section, the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately.
[4]
The collective parking area shall be consolidated into a single,
contiguous lot.
[5]
A legal instrument establishing the rights of each use in question
to the use of such collective parking area so long as such use shall
exist, approved as to form and manner of execution by the Solicitor
to the Planning Board and executed by the parties requesting the collective
use of the off-street parking spaces, shall be filed with the application
for a certificate of land use compliance.
(g)
Joint use of required parking spaces.
[1]
Subject to Subsection A(1)(g)[4] hereof, up to 50% of the off-street parking spaces required by this section for a theater, bowling alley, dance hall or an establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments and up to 100% of such spaces required for a church or school may be supplied by off-street parking spaces provided in connection with banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing uses and similar uses when not normally open, used or operated during the principal operating hours of the aforesaid uses.
[2]
Subject to Subsection A(1)(g)[4] hereof, up to 50% of the off-street parking spaces required by this section for banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing uses and similar uses may be supplied by off-street parking spaces provided in connection with a church, school, theater, bowling alley, dance hall or an establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments when not normally open, used or operated during the principal operating hours of the aforesaid uses.
[3]
Subject to Planning Board approval, hotels and casino-hotels
may provide or participate in joint parking facilities with other
uses.
[Amended 6-15-1988 by Ord. No. 1-1988]
[4]
No joint use of parking spaces shall be permitted:
[d]
Unless a legal instrument establishing the rights
of each use in question to the use of such joint parking area so long
as such use shall exist, approved as to form and manner of execution
by the Solicitor to the Planning Board and executed by the parties
requesting the joint use of the off-street parking spaces, is filed
with the application for a certificate of land use compliance.
(h)
Commercial planned development of piers. The parking requirements of this section shall not apply to commercial planned developments of piers or to any building or structure constructed or erected on a commercial planned development pier in the Beach District. The parking requirements for commercial planned developments of piers shall be as set forth in § 163-165 of this chapter.
[Added 5-7-1981 by Ord. No. 32-1981]
(2)
Design and maintenance. Every parking lot and garage shall be designed,
constructed and maintained in accordance with the standards and requirements
herein set forth:
(a)
Minimum setbacks.
[1]
Parking garages. In all districts, parking garages shall be
governed by the setback requirements applicable in the relevant district
to principal or accessory buildings, whichever is appropriate, except
that parking garages may be located in a required rear yard.
[2]
Parking lots.
[a]
Setback from streets. In all districts, no part
of any parking lot, other than driveways for ingress and egress, shall
be located closer to a street than the minimum front yard setback
required for a one-story principal building in the relevant district
or the face of the principal building on the lot in question facing
such street, whichever is greater.
[b]
Prohibition in side yards. No part of any parking
lot, other than driveways for ingress and egress, shall be located
in any required side yard or between a side lot line and the side
of any principal building on such lot, unless located to the rear
of the rear of such building.
[c]
Setback from residential uses. No part of any parking
lot in a nonresidential district shall be located within 15 feet of
any lot line forming part of a residential district boundary line.
[Amended 6-15-1988 by Ord. No. 1-1988]
[d]
Permitted in rear yards. Except as limited by the
foregoing provisions, parking lots may be located in a required rear
yard.
(b)
Screening and landscaping.
[1]
Parking lots adjoining streets.
[a]
In any district where a front yard setback is required, the setbacks required by Subsection A(2)(a) of this section shall be treated as a perimeter landscaped open space unless a setback of at least 10 feet, in addition to the aforesaid required setback, is provided.
[b]
In any district where no setback from streets is required by Subsection A(2)(a) of this section, a perimeter landscaped open space of a width of at least five feet or a durable and well-maintained solid wall, fence, compact evergreen hedge or other screening device of three to four feet in height shall be provided along every street line.
[Amended 6-15-1988 by Ord. No. 1-1988]
[d]
In all districts, shade trees shall be provided
at a ratio of one tree for every 10 parking spaces.
[Amended 6-15-1988 by Ord. No. 1-1988]
[2]
Parking lots adjoining residential uses. The setback required
by Subsection A(2)(a)[2][c] shall be treated as a perimeter landscaped
open space.
[3]
Parking garages and lots in the RS-C District. Except for necessary
access driveways, no accessory parking garage or lot shall be visible
from the Boardwalk or any public street or sidewalk. A perimeter landscaped
open space, a width of at least 25 feet, shall be provided along the
Boardwalk line. The elevation of the open space shall be equal to
the Boardwalk at that location.
[Amended 6-15-1988 by Ord. No. 1-1988]
(c)
Design standards.
[1]
Dimensions, Each required off-street parking space shall have
a vertical clearance of at least 6 1/2 feet. The dimension, size
and spacing specifications for required off-street parking facilities
shall be as set forth in the diagram at the end of this chapter.[4]
[2]
Turnaround area. Where more than three parking spaces are served
by a single driveway, a turnaround area shall be provided or other
provision shall be made to permit cars to exit the parking lot or
garage without backing onto any street or sidewalk.
[3]
Backup area. Each parking space shall be provided with a sufficient
backup area to permit egress in one maneuver consisting of one backward
and one forward movement.
[4]
Driveway access and circulation aisles. There shall be adequate
provision for ingress to and egress from all parking areas and for
circulation within parking areas.
[5]
Surface. Every off-street parking lot shall be surfaced with
an asphaltic or portland cement binder pavement providing an all-weather,
durable and dustless surface and shall be graded and drained to dispose
of surface water accumulation by means of a positive stormwater drainage
system connected to a public sewer system. Individual stalls shall
be clearly identified by markings four inches to six inches in width.
[6]
Lighting. Fixed lighting shall be so arranged to prevent direct
glare of beams onto any public or private property or street.
[7]
Car stops and curbs. Suitable car stops shall be provided, located
and designed to protect required screening devices and landscaping
from damage by vehicles and to provide necessary traffic control in
the parking area.
[8]
Tree pits. Trees located in paved areas shall be provided with
adequate tree pits to permit proper watering and fertilization.
[9]
Slope. No area of any parking lot, excluding access ramps, shall
have a slope in excess of 5%. No ramp shall have a slope in excess
of 8%.
[10]
Traffic patterns. All parking garages and lots
shall be so located and designed to encourage minimal routing of traffic
along public rights-of-way contiguous to blocks which contain primary
education facilities or recreation sites designed for children or
which have over 50% of their frontage developed with single- or two-family
dwellings.
[11]
Whenever possible, parking areas shall be located
within the interior of structures and away from street frontages,
and frontages shall be developed for principal uses permitted in the
district.
(d)
Special standards for residential parking areas. The following standards shall apply to any accessory parking area located in a residential front yard of an attached dwelling pursuant to § 163-68G of this chapter where such parking is developed after the effective date of this chapter:
[1]
Each space shall be accessory to and permanently assigned to
a single dwelling unit and be located in the front yard of such unit.
[2]
No more than one space shall be located in the front yard of
any dwelling unit, and not more than two spaces shall be contiguous
with each other.
[3]
Areas between parking spaces shall be landscaped in an appropriate
manner so as to minimize the visual impact of the automobile's presence.
[4]
Every parking space and driveway shall be designed and shall
be of sufficient length and width to prevent the parked auto from
encroaching onto any street or sidewalk.
[5]
The grade of pavement to street shall not exceed 2%.
[6]
The width of any single driveway or parking space shall not
be less than eight feet nor greater than 10 feet.
[7]
Parking in the front yard shall be prohibited where the attached
dwelling exceeds 30 feet in width or where the rear yard has frontage
on a street or alley.
(3)
Required spaces.
(a)
Schedule of required spaces. Except as provided in Subsection A(3)(b) below, off-street parking spaces shall be provided in accordance with the schedule of required off-street parking spaces set forth in the schedule at the end of this chapter.[6] In addition to the number of spaces shown on the schedule,
each use having employees on the premises shall provide one space
for each 1 1/2 employees.
[6]
Editor's Note: See Schedule V, Schedule of Required Off-Street
Loading Spaces.
(b)
Reductions in parking requirements. In locations within 300 feet of an established public transit route, the parking requirements established in Subsection A(3)(a) above may, if approved by the Planning Board at the time of site plan/subdivision approval, be reduced as follows:
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Loading regulations.
(1)
General requirements.
(b)
Location of required loading spaces. Loading spaces shall be
located on the same lot as the building or structure to which they
are accessory. No loading space shall be located in any required front
yard.
(d)
Responsibility. The duty to provide and maintain off-street
loading and unloading spaces shall be the joint and several responsibilities
of the owner, operator and lessee of the use for which off-street
loading and unloading spaces are required.
(e)
Beach District. In the case of a commercial planned development pier, loading shall be permitted by such means and subject to such limitations and conditions as shall be determined by the Planning Board in its approval of such commercial planned development pier pursuant to § 163-165 of this chapter.
[Added 5-7-1981 by Ord. No. 32-1981]
(2)
Design and maintenance. Every loading space shall be designed, constructed
and maintained in accordance with the standards and requirements herein
set forth:
(a)
Minimum setbacks. Loading spaces shall comply with the setbacks required by Subsection A(2)(a) of this section, and no loading space shall be so located as to require or permit any vehicle it is designed to accommodate to extend into any front yard or across any lot line while being loaded or unloaded.
(b)
Screening.
[1]
Sufficient screening shall be provided along all lot lines abutting
any residentially zoned or developed property to visually insulate
the residential use from all operations, materials and vehicles within
any loading space.
[2]
Loading areas accessory to commercial or residential uses with
a floor area in excess of 100,000 square feet, exclusive of required
off-street parking areas, shall be located internally and not be visible
from any public street.
[Added 6-15-1988 by Ord. No. 1-1988]
[3]
Loading areas accessory to commercial uses or resort uses shall
be located and screened as to be visually insulated from public awareness.
(c)
Design standards.
[1]
Dimensions. No required loading space shall be less than 12
feet in width or 35 feet in length or have a vertical clearance of
less than 10 feet.
[2]
Access. Loading spaces shall be designed and arranged to provide access to a street or alley in a manner which will create the least possible interference with traffic movement. Unless approved in the course of site plan/subdivision review pursuant to Part 5, Articles XIX through XXV access to and from loading spaces shall be approved by the Land Use Administrator.
[3]
Surface. Every loading space shall be surfaced with an asphaltic
or portland cement binder pavement providing an all-weather, durable
and dustless surface and shall be graded and drained to dispose of
surface water accumulation by means of a positive stormwater drainage
system connected to a public sewer system. Individual stalls shall
be clearly identified by markings four inches to six inches in width.
[4]
Lighting. Fixed lighting shall be so arranged to prevent direct
glare of beams onto any public or private property or street.
[5]
Signs. No signs shall be displayed in any loading area except
such signs as may be necessary for the orderly use of the loading
space.
(3)
Schedule of required spaces. Loading spaces shall be provided in
sufficient number and of sufficient size so that no loading and unloading
operations infringe upon any street, sidewalk or public property.
In no event shall the number of loading spaces provided be less than
the number determined in the Schedule of Required Off-Street Loading
Spaces included at the end of this chapter,[8] except that in the case of demonstrated hardship, the
Planning Board may grant a variance from loading requirements, provided
that an approved plan for delivery truck operations, including but
not limited to hours and staging of operation, is attached to such
variance.
[8]
Editor's Note: See Schedule V, Schedule of Required Off-Street
Loading Spaces.
A.
Purpose. The regulation of signs by this chapter is intended to promote
and protect the public health, safety and welfare by reducing the
depreciation of property values caused by signs which are incompatible
with surrounding land uses; by creating a more attractive economic
and business climate within the commercial, resort and industrial
areas of the City; by enhancing and protecting the physical appearance
of all areas of the City; and by reducing the distractions, obstructions
and hazards to pedestrian and auto traffic caused by the indiscriminate
placement and use of signs.
B.
Scope. The regulations of this section shall govern and control the
erection, enlargement, expansion, alteration, operation, maintenance,
relocation and removal of all signs within the City visible from any
street, road, sidewalk, public or private property. Any sign not expressly
permitted by these regulations shall be prohibited. The regulations
of this section relate to the location of signs, by function and type,
within zoning districts and shall be in addition to provisions of
the Atlantic City Building Code and the Atlantic City Electrical Code
applicable to the construction and maintenance of signs.[1]
C.
Certificate of land use compliance required.
(1)
Except as expressly provided in Subsection F hereof, no sign shall be erected, enlarged, expanded, altered or relocated unless a certificate of land use compliance evidencing the compliance of such work with the provisions of this section and other applicable provisions of this chapter shall have first been issued in accordance with the provisions of Part 6, Article XXXVI, of this chapter; provided, however, that routine sign maintenance, changing of parts designed to be changed or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a certificate of land use compliance hereunder.
(2)
In addition to the information and documents required by Part 6, Article XXXVI, of this chapter, every application for a certificate of land use compliance for a sign shall be accompanied by a copy of plans and specifications showing the method of construction, illumination and support of such sign and a sketch, drawn to scale, showing signs faces, exposed surfaces and the proposed message and design accurately represented as to size, area, proportion and color; by black and white photographs of the street sides of the property in question, showing all existing signs on the property; by a calculation of the total amount of sign area presently existing on the property; and by the applicant's attestation that the number of and the sum of the areas of the requested sign or signs and the existing signs do not exceed the maximum allowable by the provisions of this chapter.
D.
General standards. The following general standards shall apply to
all signs:
(1)
Illumination. In no event shall a sign be illuminated by other than
a shielded or otherwise indirect, nonflashing light, preferably a
white light or a light from the interior of a sign with a translucent
face. In no event shall an illuminated sign be placed or directed
so as to permit the beams and illumination therefrom to be directed
or beamed upon any adjacent public or private premises so as to cause
glare or reflection that may constitute a nuisance or traffic hazard.
No illuminated sign located on a lot adjacent to or across the street
from any residential district and visible from such residential district
shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m.,
unless the use to which the sign pertains is open for business.
(2)
Electrical elements. All wiring, fittings and materials used in the
construction, connection and operation of electrically illuminated
signs shall be in accordance with the provisions of the Atlantic City
Electrical Code.[2] An Underwriters' Laboratories label shall be affixed to
every sign having any electrical component.
(3)
Structural elements. The construction and structural components of
all signs shall be in accordance with the standards and regulations
of the Atlantic City Building Code.[3] In no case shall the structural elements of a pole sign
extend above the top of the sign face. Any movable parts of a sign
shall be securely fastened by screws or hinges.
(4)
Obstruction of accessways. No sign or sign structure shall obstruct
free ingress to or egress from a fire escape, door, window or other
required accessway. No sign of any kind shall be attached to a standpipe
or fire escape.
(5)
Obstruction of light and air. No sign shall be erected or maintained
within the zone of light obstruction for any window opening into any
habitable room of any residential unit. The zone of light obstruction
is a segment of a cone described horizontally by an are drawn from
the center line of the window, measured horizontally, extending to
70° from the center line on either side of the center line, at
a radius of 40 feet, and described vertically by the space between
a plane extending horizontally from the window sill and a plane extending
from the top of the window at an angle of 160° to the face of
the building at a distance of 40 feet measured perpendicularly from
the face of the building. The zone of height obstruction is graphically
depicted in the diagram at the end of this chapter.[4]
[4]
Editor's Note: See Diagram III, Zone of Light Obstruction.
(6)
Obstruction of window surface. No sign shall project over, occupy
or obstruct any window surface required for light or ventilation by
any applicable law, ordinance or regulation.
(7)
Traffic safety.
(a)
No sign shall be maintained at any location where, by reason
of its position, size, shape, content or color, it may obstruct, impair,
obscure, interfere with the view of or be confused with any traffic
control sign, signal or device or where it may interfere with, mislead
or confuse traffic.
(9)
Signs painted on walls. No sign shall be painted directly on a building
wall except a sign pertaining to a use carried on within such building.
(10)
Sign identification. Except nameplates and identification signs
for residential uses, all signs shall be plainly marked with the name
of the person, firm or corporation hanging or erecting the sign and
the sign permit number.
(11)
Sign maintenance.
(a)
In the case of advertising signs as defined in Subsection E(1)(a) of this section, the owner of a sign and, in the case of all other signs, the owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign.
(b)
Unsafe signs; unsightly, damaged, deteriorated signs; or signs
in danger of falling shall be put in order or removed upon written
notice. Immediate compliance is expected for the repair or removal
of unsafe signs. If compliance is not achieved within the time period
specified in such notice, the sign shall be repaired or removed by
the City and the costs assessed to the property owner.
(12)
Sign measurement.
(a)
Area to be included. The supporting structure or bracing of
a sign shall be omitted in measuring the area of the sign, unless
such structure or bracing is made part of the message or face of the
sign. Where a sign has two display faces back to back, the area of
the only one face shall be included in determining the area of the
sign. Where a sign has more than one display face, the area of which
can be viewed simultaneously from any location, i.e., side-by-side
sign faces, all faces which can be viewed simultaneously shall be
included in determining the area of the sign.
(b)
Area of signs with backing. The area of all signs with backing
shall be measured by computing the area of the sign backing.
(c)
Area of signs without backing. The area of all signs without
backing shall be measured by computing the area of the smallest regular
geometric figure which can encompass all words, letters, figures,
emblems and other elements of the sign message.
(d)
Area of signs with and without backing. The area of all signs formed by a combination of elements with and without backing shall be measured by combining the area of such elements measured in accordance with Subsection D(12)(a),(b) and (c) above.
(e)
Height of signs. Sign height shall be measured between grade
and the highest point of the highest element of the sign, excluding
any incidental structural element, such as uplift cable for a projecting
sign.[5]
[5]
Editor's Note: Former Subsection D(12)(f), Total sign area,
was repealed 6-15-1988 by Ord. No. 1-1988.
(13)
Projecting signs. All projecting signs shall be supported from
the wall or vertical support in accordance with the standards and
regulations of the Atlantic City Building Code, including the Electrical
Code.[6] No projecting sign shall extend more than four feet from
the wall nor shall be nearer the curbline more than two feet. Projecting
signs shall project from the wall at an angle of 90° and shall
not project from any building corner. No part of any projecting sign
shall extend lower than eight feet above grade.
[Amended 11-6-2002 by Ord. No. 55-2002]
(14)
Signs near landmarks and landmark sites. No ground, pole, roof
or projecting signs shall be located within 50 feet of any lot line
of a designated landmark or landmark site if the sign or sign structure
is visible from such lot line at a point five feet above ground level.
E.
Classification of signs.
(1)
Functional types. For purposes of this chapter, signs shall be classified
as follows according to function:
(a)
Advertising sign. A sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
(b)
Advertising vehicle sign. Any vehicle or trailer having attached
thereto or painted thereon any sign the primary purpose of which is
to advertise any product or business, as opposed to a sign the primary
purpose of which is intended to identify the owner or operator of
the vehicle.
(c)
Animated or moving sign. Any sign or part of a sign which changes
physical position by any movement or rotation or which gives the visual
impression of such movement or rotation.
(e)
Bulletin board sign. A sign which identifies an institution
or organization on whose premises it is located and which contains
the name of the institution or organization, the name or names of
the person connected with it and greetings, announcements of events
or activities occurring at the institution or similar messages.
(f)
Business sign. A sign which directs attention to a business
or profession conducted or to a commodity or service sold, offered
or manufactured or to an entertainment offered on the premises where
the sign is located.
(g)
Construction sign. A temporary sign erected on premises on which
construction is taking place, during the period of such construction,
indicating the names of the architects, engineers, landscape architects,
contractors and similar artisans and the owners, financial supporters,
sponsors and similar persons or firms having a role or interest with
respect to the structure or project.
(h)
Governmental signs. A sign erected and maintained pursuant to
and in discharge of any governmental function or required by any law,
ordinance or governmental regulation.
(i)
Historical or architectural designation signs. Signs designed
to provide information on the architectural or historical qualities
of a structure, building or site.
(j)
Holiday decorations. Temporary signs in the nature of decorations,
clearly incidental to and customarily and commonly associated with
any national, local or religious holiday. Any other provision of this
section to the contrary notwithstanding, such signs may be of any
type, number, area, height, location, illumination or animation.
(k)
Home occupation sign. A sign containing the name and occupation
of the operator of a permitted home occupation.
(l)
Identification sign. A sign giving the name, logo, trademark
or other identifying symbol; address; or any combination of the name,
symbol and address of a building, business, development or establishment
on the premises where it is located.
(m)
Joint-identification sign. A sign which serves as common or
collective identification for two or more commercial, resort or industrial
uses sharing an office plaza, shopping center, industrial park or
the like and which is located on such premises. Such sign shall be
limited in content to identification of the plaza, center, park or
the like shared by such uses and shall not contain any reference to
the individual uses sharing the plaza, center, park or the like.
(n)
Memorial sign. A sign or tablet memorializing a person, event,
structure or the like.
(o)
Nameplate sign. A sign giving the name or address, or both,
of the owner or occupant of a building or premises on which it is
located.
(p)
On-site informational sign. A sign commonly associated with
and limited to information and directions necessary or convenient
for persons coming on the property, including signs marking entrances
and exits, parking areas, one-way drives, rest rooms, pickup and delivery
areas and the like.
(q)
Political sign. A temporary sign announcing or supporting political
candidates or issues in connection with any national, state or local
election.
(r)
Private sale or event sign. A temporary sign advertising private
sales of personal property at house sales, garage sales, rummage sales
and the like or private, not-for-profit events, such as picnics, carnivals,
bazaars, game nights, art fairs, craft shows, Christmas tree sales
and the like.
(s)
Real estate sign. A sign pertaining to the sale or lease of
the premises on which the sign is located, excluding, however, sold-by
signs.
(t)
Warning signs. Signs limited to messages of warning, danger
or caution.
(2)
Structural types. For purposes of this chapter, signs shall be classified
as follows according to structure:
(a)
Awning, canopy or marquee sign. A sign that is mounted or painted
on or attached to an awning, canopy or marquee that is otherwise permitted
by this chapter. No such sign shall project above, below or beyond
the physical dimensions of such awning, canopy or marquee and shall
in no instance be lower than 10 feet above the sidewalk or public
thoroughfare. No advertising material shall be placed upon the top
of any marquee or canopy. Marquee/canopy signs may be illuminated
along the front or side by interior or indirect illumination, the
source for which shall in no case extend beyond the surface of the
side on which such source of illumination is to be installed.
(b)
Ground sign. Any sign, other than a pole sign, placed upon or
supported by the ground independently of any other structure.
(c)
Pole sign. A sign that is mounted on a freestanding pole or
other supports so that the bottom edge of the sign face is 10 feet
or more above grade.
[Amended 6-15-1988 by Ord. No. 1-1988]
(d)
Portable sign. A sign that is not permanently affixed to a building,
a structure or the ground.
(e)
Projecting sign. A sign that is, wholly or partly, dependent
upon a building for support and which projects more than 12 inches
from such building.
(f)
Roof sign. A sign that is mounted on the roof of a building
or which is wholly dependent upon a building for support and which
projects more than six inches above the highest point of a building
with a flat roof, the eave line of a building with a gambrel, gable
or hip roof or the deck line of a building with a mansard roof.
(g)
Temporary sign. A sign or advertising display constructed of
cloth, canvas, fabric, paper, plywood or other light material and
designed or intended to be displayed for a short period of time.
(h)
Wall sign. A sign fastened to or painted on the wall of a building
or structure in such a manner that the wall becomes the supporting
structure for or forms the background surface of the sign and which
does not project more than 12 inches from such building or structure.
(i)
Window sign. A sign which is applied or attached to the exterior
or interior of a window or located within three feet of the interior
of a window and which can be seen from the exterior of the structure.
F.
Signs permitted in any district without certificate or fee. Except as expressly prohibited in Subsection G of this section and notwithstanding any other contrary provision of this chapter, the following signs may, subject to the conditions and limitations hereinafter set forth, be erected and maintained in any district without obtaining a certificate of land use compliance or a certificate of occupancy or paying the fee required for such certificates:
(1)
Governmental signs. Governmental signs, provided that the content
and size of any such sign shall not exceed the requirements of the
law, ordinance or regulation pursuant to which such sign is erected.
(2)
Nameplate signs. Nameplate signs, provided that such signs are limited
to no more than one wall, projecting or ground sign per occupancy;
are no more than one square foot in area; and are illuminated only
by an indirect source of light. No projecting sign shall extend more
than six inches from the face of a wall. No ground sign shall be higher
than three feet.
(3)
Warning signs. Warning signs, provided that such signs are limited
to no more than two wall or ground signs per occupancy, are no more
than four square feet in area each and are illuminated only by an
indirect source of light.
(4)
Memorial signs. Memorial signs, provided that such signs are limited
to no more than one wall or ground sign per occupancy; are made of
durable materials, such as bronze, stone or concrete; are no more
than four square feet in area; and are illuminated only by an indirect
source of light.
(5)
Historical or architectural designation signs. Historical or architectural
designation signs, provided that such signs are limited to no more
than one wall or ground sign per occupancy, are no more than six square
feet in area, are illuminated only by an indirect source of light
and contain no commercial advertising.
(6)
Holiday decorations. Holiday decorations, provided that such signs
shall be displayed for a period of not more than 60 consecutive days
nor more than 20 days following the holiday in connection with which
they are displayed.
(7)
Construction signs. Construction signs, provided that such signs
are limited to no more than one wall or ground sign per street frontage,
are no more than 60 square feet in area, are illuminated only by an
indirect source of light and are maintained for no more than 14 days
following the conclusion of the construction in question.
[Amended 6-15-1988 by Ord. No. 1-1988]
(8)
Window signs. Temporary nonilluminated window signs advertising coming
events, special sales, contests, promotional activities and civic
or political activities maintained for a period of no longer than
45 days before such event nor more than three days after such event
and permanent nonilluminated window signs calling attention to compliance
with standards, association with credit groups or premium stamp promotions
and the like, provided that the aggregate area of all window signs
shall not exceed 33% of the area of the window in which they are exhibited
nor block any window area required for light, ventilation or emergency
exit by any applicable code.
(9)
Real estate signs. Real estate signs, provided that residential property
with structure(s) 40 feet or under in height and vacant land are limited
to no more than one wall or ground sign and not more than eight square
feet in area; residential property with structure(s) over 40 feet
in height are limited to no more than two wall or ground signs not
more than 24 square feet in area for each sign; and commercial property
with or without structure(s) are limited to no more than two wall
or ground signs not more than 32 square feet in area for each sign.
[Amended 6-15-1988 by Ord. No. 1-1988]
(10)
On-site informational signs. On-site informational signs, provided
that each such sign is limited to a wall, window or ground sign of
not more than two square feet in area and not more than 12 feet in
height above grade.
(12)
Flags and emblems. Flags or emblems of a government or of a
political, civic, philanthropic, educational or religious organization.
(13)
Private sale and event signs. Private sale and event signs,
provided that much signs are no more than four square feet in area;
are located entirely on the premises where such sale or event is to
be conducted or on other private property pursuant to the owner's
consent; are clearly marked with the name, address and telephone number
of the person responsible for the removal of such sign; are erected
not more than 12 hours in advance of such sale or 45 hours in advance
of such event, and are removed on the day following the conclusion
of such sale or event.
(14)
Political signs. Political signs, provided that such signs are
not more than 10 square feet in area if located in a commercial, resort
or industrial district or four square feet in area if located in any
other district; are limited to not more than one per lot; are located
entirely on private property pursuant to the owner's consent; are
clearly marked with the name, address and telephone number of the
person responsible for the removal of such sign; are erected not more
than 45 days prior to such election; and are removed within 14 days
following such election.
(15)
Home occupation signs. Home occupation signs, provided that
such signs are limited to no more than one wall sign per occupancy,
are no more than one square foot in area and are not lighted.
(16)
Advertising vehicle signs. Advertising vehicle signs, but only
on public transportation vehicles.
G.
Signs specifically prohibited in all districts. The following signs
are prohibited in all districts and shall not be erected, maintained
or permitted to continue in any district:
(1)
Animated or moving signs. Animated or moving signs, except as expressly
authorized by specific district regulations.
(3)
Advertising vehicle signs. Except as provided in Subsection F(16) above, no person shall operate or park any advertising vehicle on any street, on any public property or on any private property so as to be visible from any street.
(4)
Portable signs. Portable signs, except advertising vehicle signs to the extent permitted by Subsection F(16) above.
(5)
Temporary signs. Temporary signs, except as expressly authorized
in this section.
(7)
Miscellaneous prohibited signs.
(a)
Any sign on a tree or utility pole or painted on or otherwise
directly affixed to any rock, ledge or other natural feature, whether
on public or private property.
(b)
Signs which contain statements, words or pictures of an obscene
character or which contain advertising matter which is untruthful.
(c)
A-frame sandwich board, sidewalk and curb signs, except as specifically
authorized by specific district regulations.
H.
Sign regulations for residential districts. Signs shall be permitted
in the R-1, R-2, R-3, RM-1, RM-2, RM-3 and RM-4 Residential Districts
as follows:
[Amended 6-15-1988 by Ord. No. 1-1988]
(1)
Functional types permitted.
(a)
All signs permitted in any district without certificate or fee as provided in Subsection F of this section.
(b)
Bulletin board signs, when accessory to an institutional use
permitted or permissible in the district.
(c)
Identification signs, when accessory to an institutional use
permitted or permissible in the district.
(d)
Business signs, when accessory to a commercial use allowed by
a conditional use permit in the district.
(3)
Number of signs permitted.
(4)
Maximum gross surface area of signs permitted.
(b)
Ten square feet per face for a wall sign or ground sign. No
ground sign shall have more than two faces.
(c)
Window signs accessory to commercial uses permitted by a conditional
use permit in the district shall not exceed 33% of the area of the
window in which they are displayed nor block any window area required
by any applicable code for light, ventilation or emergency exit.
(6)
Minimum setback required. For ground signs, five feet from all lot
lines.
(7)
(8)
Special regulations applicable to specified signs. Signs accessory
to nonconforming uses in residential districts shall be subject to
the provisions of this subsection.
I.
Sign regulations for commercial, industrial and special purpose districts.
Signs shall be permitted in the NC-1, NC-2, MC, AC, CBD, HWC, L-1
and TRS districts as follows:
[Amended 6-15-1988 by Ord. No. 1-1988; 5-6-2009 by Ord. No.
25-2009]
(1)
Functional types permitted.
(5)
Maximum height of signs permitted.
(a)
Awning, canopy or marquee signs: 20 feet or no higher than the
second floor window sill, whichever is less.
[Amended 10-9-1991 by Ord. No. 71-1991]
(b)
Projecting signs: 20 feet or no higher than the second floor
window sill, whichever is less.
(c)
Ground signs: five feet.
(d)
Wall signs: no higher than the roofline of the wall supporting
said sign.
[Added 10-9-1991 by Ord. No. 71-1991]
(7)
Type of illumination permitted.
(b)
Indirect and internal illumination with white light is permitted.
(c)
Neon and other gas-type illumination is permitted.
(d)
No flashing, animated, moving or bare bulb signs are permitted
except for the following locations and subject to the following limitations:
[Amended 10-9-1991 by Ord. No. 71-1991]
(e)
No window sign installed in a window above the ground floor
shall be illuminated.
(8)
Special regulations applicable to specified signs.
(a)
Automobile service station signs. The following regulations,
rather than the foregoing regulations generally applicable, shall
apply to signs accessory to automobile service stations located in
the district:
[1]
Functional types permitted. Any functional type permitted in
the district.
[2]
Structural types permitted. Any structural type listed in Subsection E of this section, except projection and roof signs.
[4]
Maximum gross surface area of signs permitted.
[a]
Total area for all signs, permanent and temporary, but not including signs permitted pursuant to Subsection F of this section, shall not exceed two square feet per linear foot of building frontage facing any street line.
[b]
Window signs shall not exceed 33% of the area of
the window in which they are exhibited nor block any window area required
by any applicable code for light, ventilation or emergency exit.
[c]
(Reserved)
[d]
No ground or pole sign shall have more than two
faces.
[5]
Maximum height of signs permitted.
[a]
Wall, awning, canopy, pole, marquee and projecting
signs: 20 feet or no higher than the roof eave or second floor windowsill,
whichever is less.
[b]
Window signs: no higher than in windows on the
ground floor, unless there is a separate and distinct use on any higher
floor.
[c]
Ground signs: five feet.
[7]
[8]
Revolving signs. Revolving signs are prohibited.
(b)
Parking lot and parking garage signs. The following regulations,
rather than the foregoing regulations generally applicable, shall
apply to signs accessory to parking lots and garages in the district:
[3]
Identification signs shall:
[4]
Current rate signs:
[a]
Shall not exceed four by four square feet.
[b]
Shall be not lower than four feet nor higher than
eight feet.
[c]
Shall be parallel or perpendicular to street frontage.
[d]
The rates must be in accordance with the tariff
sign, all rates the same size. The sign must show the period of time
for which the vehicle is to be stored or parked and must show the
initial fee and the subsequent, if that subsequent fee is different
than the initial fee, above the rate. The words "CURRENT RATE" in
capital letters, four inches high, in Helvetica Medium letter style
are required. The sign must indicate the parking rate in effect at
the time that the sign is displayed. The current rate sign must have
a white background, letters in six-inch Helvetica Medium letter style,
black in color numerals in eight-inch minimum, sixteen-inch maximum,
red in color; and interchangeable inserts of slots for fee and hour.
[5]
Tariff signs shall:
[a]
Not exceed two by three feet.
[b]
Be no higher than eight feet, nor lower than can
be seen unobstructed from all entrances when the lot is full.
[c]
Be posted prominently, in an unobstructed location,
permanently affixed to the attendant's booth.
[d]
State the entire rate schedule of the parking facility
that is on file with the Transportation Department. All rates must
be the same size, with white background, black lettering, red numerals.
It shall have the name of the operator, mercantile license number
and the address. The specifications for lettering and numeral size
provide that a full and maximum use is made of the surface area in
a neat and clear manner.
[6]
Public prohibitory (towing) signs shall be:
[a]
Two by four feet.
[b]
No higher than eight feet nor lower than four feet.
[c]
Posted in a visible location at all entrances to
the facility. If the entrance requirement is not sufficient due to
the largeness of the facility, then posted in a visible location or
locations so that a sign is clearly visible to all entrances and parking
places within the parking facility.
[d]
Posted with a sign reading "Unauthorized Vehicles
Will Be Towed," the name of the towing company, the address and telephone
number of the towing company and the fee for said towing, individually
boxed underneath the prohibitory reading.
[7]
Private property prohibitory (towing) signs:
[a]
Private property towing signs must be posted in
an unobstructed location, reading "Private Property, No Parking, Tow
Away Zone," the name of the towing company, the address and phone
number of the towing company and the fee for said towing.
[b]
All prohibitory (towing) signs are to be white
background, red letters and numerals, three-inch Helvetica Medium
style lettering, company name boxed seven inches by 12 inches, address
and telephone number boxed seven inches by 12 inches and fee in a
four-by-four-inch box lined area.
[8]
Closed signs:
[a]
Should fit the slots in the current rate, of sufficient
size to cover the fee portion of the current rate sign.
[b]
Posted when warranted, across current rate sign
when the lot is not open to the public.
[c]
Posted at all entrances to the facility.
[d]
The lettering must be six-inch red letters, Helvetica
Medium Bold, with a white background.
(c)
Time-and-temperature signs. On each zoning lot, one pole, projecting
or ground sign whereon the current time or temperature, or both, is
indicated by intermittent lighting shall be permitted; provided, however,
that not more than one such sign shall be permitted on any one frontage.
Lighting changes on any such sign shall be limited to the numerals
indicating the time or temperature and to not more frequent changes
than once in every 15 seconds. No such sign shall be larger than 16
square feet per sign face nor shall have a height in excess of 20
feet. Every such sign shall be set back at least 10 feet from any
street line and five feet from any other lot line.
(d)
Advertising signs. The following regulations, rather than the
foregoing regulations generally applicable, shall apply to advertising
signs located in the district:
[1]
Conditional use permit required. No new advertising sign shall be constructed at any location after the effective date of this chapter, unless a conditional use permit therefor has first been obtained in accordance with Part 5, Article XXVI, of this chapter, and then only in accordance with the standards and limitations of this subsection.
[3]
Location. No advertising sign shall be located:
[a]
On any lot, any street lot line of which forms
part of a frontage which is zoned for residential uses along at least
50% of its length and to all other lots or portions of lots located
within 50 feet, measured perpendicularly, from such street lot line.
[b]
Within 100 feet of any lot line of a designated
landmark or landmark site if the sign or sign structure is visible
from such lot line at a point five feet above ground level.
[c]
Within 200 feet of any other advertising sign structure
located on the same side of the street or within 100 feet of any other
advertising sign structure.
[d]
For signs having a gross surface area in excess
of 300 square feet, within a five-hundred-foot radius of any other
such sign.
[Amended 11-7-1990 by Ord. No. 81-1990]
[e]
Within 100 feet from any lot line of any school,
church, library or similar institution, public park, parkway, square
or circle when located in a residential district if the sign or sign
structure is visible from any such lot line at a point five feet above
ground level.
[f]
Within 100 feet of any residential district, except
that no sign having a gross surface area in excess of 300 square feet
shall be located within 500 feet of any residential district.
[Amended 11-7-1990 by Ord. No. 81-1990]
[g]
For signs oriented toward an expressway or passenger
rail line, within a five-hundred-foot radius of any other sign structure
oriented toward the same expressway or passenger rail line.
[Amended 11-7-1990 by Ord. No. 81-1990]
[4]
Maximum gross surface area permitted per sign face: 60 square
feet in all districts where advertising signs are permitted, with
the exception of the HW-C and L-I Districts where the maximum gross
surface area permitted per sign face may be up to 700 square feet.
[6]
Minimum setback required: none.
[7]
Type of illumination permitted. No sign shall be illuminated
except internally or indirectly by white light.
(e)
Signs accessory to nonconforming residential uses shall be subject to the regulations of Subsection H of this section.
(f)
Signs accessory to any other nonconforming uses shall be subject
to the regulations of this subsection.
J.
Sign regulation for Multifamily High-Rise Commercial, Resort Development
and Resort Service Districts. Signs shall be permitted in the RMC-4,
RS-C and RS Districts as follows:
[Added 6-15-1988 by Ord. No. 1-1988]
(5)
Maximum height of signs permitted.
(a)
Awning, canopy or marquee signs: 20 feet or no higher than the
second floor window sill, whichever is less.
(b)
Projecting signs: 20 feet or no higher than the second floor
window sill, whichever is less.
(c)
Ground signs: five feet.
(d)
Wall signs: no higher than the roofline of the wall supporting
said sign.
(7)
Type of illumination permitted.
(b)
Indirect and internal illumination with white light is permitted.
(c)
Neon and other gas-type illumination is permitted.
(8)
Special regulations applicable to specified signs.
(a)
Automobile service station signs. The following regulations,
rather than the foregoing regulations generally applicable, shall
apply to signs accessory to automobile service stations located in
the district:
[1]
Functional types permitted. Any functional type permitted in
the district.
[2]
Structural types permitted. Any structural type listed in Subsection E of this section, except projection and roof signs.
[4]
Maximum gross surface area of signs permitted.
[a]
Total area for all signs, permanent and temporary, but not including signs permitted pursuant to Subsection F of this section, shall not exceed two square feet per linear foot of building frontage facing any street line.
[b]
Window signs shall not exceed 33% of the area of
the window in which they are exhibited nor block any window area required
by any applicable code for light, ventilation or emergency exit.
[c]
No ground or pole sign shall have more than two
faces.
[5]
Maximum height of signs permitted.
[a]
Wall, awning, canopy, pole, marquee and projecting
signs: 20 feet or no higher than the roof eave or second floor window
sill, whichever is less.
[b]
Window signs: no higher than in windows on the
ground floor, unless there is a separate and distinct use on any higher
floor.
[c]
Ground signs: five feet.
[7]
[8]
Revolving signs. Revolving signs are prohibited.
(b)
Parking lot and parking garage signs. The following regulations,
rather than the foregoing regulations generally applicable, shall
apply to signs accessory to parking lots and garages in the district:
[3]
Identification signs shall:
[4]
Current rate signs:
[a]
Shall not exceed four by four square feet.
[b]
Shall be not lower than four feet nor higher than
eight feet.
[c]
Shall be parallel or perpendicular to street frontage.
[d]
The rates must be in accordance with the tariff
sign, all rates the same size. The sign must show the period of time
for which the vehicle is to be stored or parked and must show the
initial fee and the subsequent, if that subsequent fee is different
than the initial fee, above the rate. The words "CURRENT RATE" in
capital letters, four inches high, in Helvetica Medium letter style
are required. The sign must indicate the parking rate in effect at
the time that the sign is displayed. The current rate sign must have
a white background, letters in six-inch Helvetica Medium letter style,
black in color; numerals in eight-inch minimum, sixteen-inch maximum,
red in color; and interchangeable inserts of slots for fee and hour.
[5]
Tariff signs shall:
[a]
Not exceed two by three feet.
[b]
Be no higher than eight feet, nor lower than can
be seen unobstructed from all entrances when the lot is full.
[c]
Be posted prominently, in an unobstructed location,
permanently affixed to the attendant's booth.
[d]
State the entire rate schedule of the parking facility
that is on file with the Transportation Department. All rates must
be the same size, with white background, black lettering, red numerals.
It shall have the name of the operator, mercantile license number
and the address. The specifications for lettering and numeral size
provide that a full and maximum use is made of the surface area in
a neat and clear manner.
[6]
Public prohibitory (towing) signs shall be:
[a]
Two by four feet.
[b]
No higher than eight feet nor lower than four feet.
[c]
Posted in a visible location at all entrances to
the facility. If the entrance requirement is not sufficient due to
the largeness of the facility, then posted in a visible location or
locations so that a sign is clearly visible to all entrances and parking
places within the parking facility.
[d]
Posted with a sign reading "Unauthorized Vehicles
Will be Towed," the name of the towing company, the address and telephone
number of the towing company and the fee for said towing, individually
boxed underneath the prohibitory reading.
[7]
Private property prohibitory (towing) signs:
[a]
Private property towing signs must be posted in
an unobstructed location, reading "Private Property, No Parking, Tow
Away Zone," the name of the towing company, the address and phone
number of the towing company and the fee for said towing.
[b]
All prohibitory (towing) signs are to be white
background, red letters and numerals, three-inch Helvetica Medium
style lettering, company name boxed seven inches by 12 inches, address
and telephone number boxed seven inches by 12 inches and fee in a
four-by-fours inch box lined area.
[8]
Closed signs:
[a]
Should fit the slots in the current rate, of sufficient
size to cover the fee portion of the current rate sign.
[b]
Posted when warranted, across the current rate
sign when the lot is not open to the public.
[c]
Posted at all entrances to the facility.
[d]
The lettering must be six-inch red letters, Helvetica
Medium Bold, with a white background.
(c)
Time-and-temperature signs. On each zoning lot, one pole, projecting
or ground sign whereon the current time or temperature, or both, is
indicated by intermittent lighting shall be permitted; provided, however,
that not more than one such sign shall be permitted on any one frontage.
Lighting changes on any such sign shall be limited to the numerals
indicating the time or temperature and to not more frequent changes
than once in every 15 seconds. No such sign shall be larger than 16
square feet per sign face nor shall have a height in excess of 20
feet. Every such sign shall be set back at least 10 feet from any
street line and five feet from any other lot line.
(d)
Skyway bridge signs. Skyway bridges are those structures which
are built over the City's streets and are primarily for the movement
of people from one principal structure to another. A skyway bridge
may also contain public space associated with the principal structures
it connects. Skyway bridge signs are specified signs attached to these
structures.
[Added 10-23-1991 by Ord. No. 78-1991]
[4]
The maximum gross surface area of signs permitted shall be subject
to the limitations described in Subsection J(8)(d)[5][a] and [b] below.
[5]
The locations of signs on skyway bridges shall be subject to
the following limitations:
[6]
Types of illumination.
[a]
Bare bulb, LED, LCD, indirect or internal illumination
is permitted.
[b]
Neon and other gas-type illumination is permitted.
[c]
No flashing or moving signs are permitted.
[d]
Decorative bridge lighting which is not part of
a sign will be clear bulbs only. Said lighting can be stationary or
moving but not flashing.
A.
Purpose. Conversion of existing buildings to increase the number
of dwelling units contained in them presents problems not encountered
when new buildings are designed and constructed for the same number
of units. Such conversions can adversely affect a neighborhood originally
designed for low-density development through overcrowding and its
concomitant problems of inadequate recreational space, inadequate
parking and overtaxed municipal services. These in turn may contribute
to the physical decline and deterioration of the area. The intent
of this section is to establish standards to prevent the overcrowding
of dwelling units and overly dense development of neighborhoods and
to ensure satisfactory amenities in neighborhoods as conversions take
place.
B.
Certificate of land use compliance required. No dwelling unit conversion shall be undertaken unless a certificate of land use compliance shall have first been issued in accordance with Part 6, Article XXXVI, of this chapter, evidencing the compliance of such conversion with the provisions of this section and other applicable provisions of this chapter.
A.
Purpose. It is the intent of these regulations to prevent land or
structures, including those permitted by right or special approval,
from being used or occupied in any manner so as to create any dangerous,
injurious, noxious or otherwise objectionable fire, explosive, radioactive
or other hazardous condition; noise or vibration; smoke, dust, odor
or other form of air pollution; electrical or other disturbance, glare
or heat; liquid or solid refuse or wastes; or other substance, condition
or elements in a manner or amount so as to adversely affect the surrounding
area.
B.
Other regulations. Compliance with the requirements of this section
shall not be interpreted as authorizing any practice or operation
which would constitute a violation of any other provisions of this
chapter or any other applicable law, ordinance, rule or regulation.
C.
Application. All uses in all districts shall conform in operation,
location and construction to the performance standards herein specified.
D.
Electromagnetic radiation.
(1)
Planned or intentional sources. It shall be unlawful to operate or
cause to be operated any planned or intentional source of electromagnetic
radiation for such purposes as communication, experimentation, entertainment,
broadcasting, heating, navigation, therapy, vehicle velocity measurement,
weather survey, aircraft detection, topographical survey, personal
pleasure or any other use directly or indirectly associated with these
purposes which does not comply with the then-current regulations of
the Federal Communications Commission regarding such sources of electromagnetic
radiation.
(a)
Abnormal degradation. Such operation, even when in compliance
with the Federal Communications Commission regulations, shall be unlawful
if such radiation causes an abnormal degradation in performance of
other electromagnetic radiators or electromagnetic receptors of quality
and proper design because of proximity, primary field, blanketing,
spurious reradiation, harmonic content, modulation or energy conducted
by power or telephone lines.
(b)
Determination. The determination of abnormal degradation in
performance and of quality and proper design practices shall be as
defined in the latest principles and standards of the American Institute
of Radio Engineers and the Electronic Industries Association.
(c)
Conflict in standards. In case of any conflict between the latest
standards and principles of the above groups, the following precedence
in the interpretation of the standards and principles shall apply:
(2)
Unplanned electromagnetic interference. It shall be unlawful to operate
or to cause to be operated any source of electromagnetic interference,
the radiation or transmission from which exceeds the maximum values
tabulated below:
|
Electromagnetic Interference by Radiation
| |||
|---|---|---|---|
|
Section of Electromagnetic Spectrum
|
Primary Intended Service
|
Maximum Field Strength at Edge of Property Containing
Interference Source
(microvolts per meter)
| |
|
From 10 kilocycles to 100 kilocycles
|
Communications service
|
500
| |
|
From 100 kilocycles to 535 kilocycles
|
Navigational aids
|
300
| |
|
From 535 kilocycles to 1,605 kilocycles
|
AM broadcasting
|
200
| |
|
From 1,605 kilocycles to 44 megacycles
|
Various communications service
|
200
| |
|
From 44 megacycles to 88 megacycles
|
VHF television airport control
|
150
| |
|
From 88 megacycles to 174 megacycles
|
FM broadcasting
|
200
| |
|
From 174 megacycles to 216 megacycles
|
VHF television
|
150
| |
|
From 216 megacycles to 580 megacycles
|
Navigational aids citizens radio
|
250
| |
|
From 580 megacycles to 920 megacycles
|
UHF television
|
300
| |
|
From 920 megacycles to 30,000 megacycles
|
Various
|
500
| |
|
Electromagnetic Interference by Transmission or Conduction
| |||
|---|---|---|---|
|
Section of Electromagnetic Spectrum
|
Primary Intended Service
|
Maximum Field Strength at Edge of Property Containing
Interference Source
(millovolts)
| |
|
From 10 kilocycles to 100 kilocycles
|
Communications service
|
2.50
| |
|
From 100 kilocycles to 535 kilocycles
|
Navigational aids
|
1.50
| |
|
From 535 kilocycles to 1,605 kilocycles
|
AM broadcasting
|
1.00
| |
|
From 1,605 kilocycles to 44 megacycles
|
Various communications service
|
0.50
| |
|
From 44 megacycles to 88 megacycles
|
VHF television
|
0.25
| |
|
From 88 megacycles to 174 megacycles
|
FM broadcasting airport control
|
1.50
| |
|
From 174 megacycles to 216 megacycles
|
VHF television
|
0.15
| |
|
From 216 megacycles to 580 megacycles
|
Navigational aids citizens radio
|
5.00
| |
|
From 580 megacycles to 920 megacycles
|
UHF television
|
20.00
| |
|
From 920 megacycles to 30,000 megacycles
|
Various
|
150.00
| |
(a)
Method of measurement. For the purpose of determining the level
of radiated electromagnetic interference, standard field strength
measuring techniques shall be employed. The maximum value of the tabulation
shall be considered as having been exceeded if, at any frequency in
the section of the spectrum being measured, the measured field strength
exceeds the maximum value tabulated for this spectrum section.
(b)
Power and telephone lines. For purposes of determining the level
of electromagnetic interference transmitted or conducted by power
of telephone lines, a suitable, tunable, peak reading, radio frequency
voltmeter shall be used. This instrument shall, by means of appropriate
isolation coupling, be alternately connected from line to line and
from line to ground during the measurement. The maximum value of the
tabulation shall be considered as having been exceeding if, at any
frequency in the section of the spectrum being measured, the measured
peak voltage exceed the maximum value tabulated for this spectrum
section.
E.
Fire and explosive hazards.
(1)
Fire protection regulations. All uses and operations involving the
use, storage or handling of explosive or flammable matter shall be
in compliance with the fire protection regulations of the City of
Atlantic City as they exist or may hereafter be amended.
(2)
No explosives. No activities, other than approved demolition, involving
the manufacture, storage or utilization of materials or products which
decompose by detonation shall be permitted, except that small quantities
of chlorates, nitrates, perchorates, phosphorous and similar substances
and compounds for use by industry, schools, government, laboratories
or druggists may be permitted.
(3)
Flammable liquids and materials. The storage and use of all flammable
liquids and materials such as pyroxylin plastics, nitrocellulose film,
solvents and petroleum products shall be authorized only by the approval
of the Fire Chief.
F.
Glare.
(1)
Glare from operation. No use in any district shall be operated so
as to produce direct or sky-reflected glare or direct illumination
across any lot line from a visible source of illumination of such
intensity as to create a nuisance or traffic hazard or detract from
the use or enjoyment of adjacent property.
(2)
Permitted illumination. All permitted exterior lights, including
signs, floodlights, parking lot lighting, streetlights and lighting
necessary for the safety and protection of property, shall be made
up of a light source and reflector so selected that acting together
the light beam is controlled and not directed across any lot line.
(3)
Residential light standards. With the exception of streetlights,
all exterior lighting fixtures within or adjacent to any residential
district shall be directed and shaded wherever necessary to prevent
the intensity of light from exceeding 1/2 footcandle as measured at
any residential property line.
(a)
Hours of operation. Lighting of parking or loading areas shall,
except for emergency or safety lighting, cease at or before the hour
of 12:00 midnight whenever the distance from the nearest light to
the nearest residence is less than 1,000 feet.
(b)
Resort, commercial and industrial light standards. With the
exception of streetlights, all exterior lighting fixtures within resort,
commercial or industrial districts shall be directed and shaded wherever
necessary to prevent the intensity of light from exceeding one footcandle
as measured at any lot line.
(c)
Blinking or intermittent lights. No exterior lights that blink
or shine with an intermittent phase are permitted in any district,
except as part of holiday decorations.
G.
Heat. No use or activity in any district shall be so operated that
it emits or transmits heat or heated air so as to be discernible at
or beyond the property line of the lot on which it is located.
H.
Noise.
(1)
Sound levels, in no event shall the sound-pressure level of noise
radiated continuously from a use or activity in any district exceed,
at the lot line, the values given in the Maximum Sound Level Table
below in any octave band of frequency. However, where the lot line
adjoins or lies within 25 feet of the boundary of a residential district,
the sound-pressure levels of noise radiated shall not exceed, at the
lot line, the values given in the Residential Sound Level Table below
in any octave band of frequency.
|
Maximum Sound Level Table
| ||
|---|---|---|
|
Frequency Band Cycles
(per second)
|
Sound-Pressure Level
(decibels re 0.0002 dyne/cm2)
| |
|
20 to 75
|
74
| |
|
75 to 150
|
65
| |
|
150 to 300
|
61
| |
|
300 to 600
|
55
| |
|
600 to 1,200
|
47
| |
|
1,200 to 2,400
|
45
| |
|
2,400 to 4,800
|
43
| |
|
4,800 to 10,000
|
40
| |
|
Residential Sound Level Table
| ||
|---|---|---|
|
Frequency Band Cycles
(per second)
|
Sound-Pressure Level
(decibels re 0.0002 dyne/cm2)
| |
|
20 to 75
|
70
| |
|
75 to 150
|
55
| |
|
150 to 300
|
48
| |
|
300 to 600
|
43
| |
|
600 to 1,200
|
38
| |
|
1,200 to 2,400
|
35
| |
|
2,400 to 4,800
|
33
| |
|
4,800 to 10,000
|
31
| |
|
NOTE: If the noise is not smooth and continuous or if it is
nighttime noise, one or more of the corrections below shall be added
to or subtracted from each of the decibel levels given in the sound
level tables above. Only one of the additional corrections may be
made for any noise source.
|
(a)
For noise radiated between the hours of 9:00 p.m. and 7:30 a.m.,
five decibels must be subtracted.
(b)
If the noise sources operates less than 20% of any one-hour
period, five decibels may be added.
(c)
If the noise source operates less than 5% of any one-hour period,
10 decibels may be added.
(d)
If the noise source operates less than 1% of any one-hour period,
15 decibels may be added.
(e)
If the noise is of an impulsive character (hammering, etc.),
five decibels must be subtracted.
(f)
If the noise is of a periodic character (varying hum, screech,
etc.), five decibels must be subtracted.
(2)
Noise measurement procedure. Measurement of noise shall be made with
a sound level meter and octave band analyzer meeting the standards
prescribed by the American Standards Association. The instruments
shall be maintained in calibration and good working order. Octave
band corrections may be employed in meeting the response specification.
A calibration check shall be made of the system at the time of any
noise measurement. Measurements recorded shall be taken so as to provide
a proper representation of the noise source. The microphone, during
measurement, shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for
the microphone shall be used when required. Traffic, aircraft and
other transportation noise sources and other background noises shall
not be considered in taking measurements, except where such background
noise interferes with the primary noise being measured.
(3)
Measurements for impulsive or periodic noise. Impulsive and periodic-type noises shall be subject to the sound level standards if those noises are capable of being accurately measured with the equipment specified in Subsection H(2) above. Noises capable of being so measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, but objectionable because of intermittence, beat, frequency or shrillness, shall be muffled and controlled so as not to become a nuisance to adjacent uses.
(4)
Exception. Nothing in this subsection shall apply to noises not directly
under the control of the property user, such as noises resulting from
the construction and nonroutine maintenance of buildings and facilities,
including site preparation; noises of infrequent safety signals or
wiring devices; and noises of motor vehicles, except when they are
being serviced.
I.
Odorous matter.
(1)
Regulation. Any condition or operation which results in the creation
of odors of such intensity and character as to be detrimental to the
health and welfare of the public or which interferes unreasonably
with the comfort of the public shall be removed, stopped or so modified
as to remove the odor.
(2)
Odor threshold. No continuous, frequent or repetitive emission of
odors or odor-causing substances shall exceed the odor threshold at
or beyond the lot line of the tract on which the odor emission is
initiated. An odor emitted no more than fifteen 15 minutes in any
one day shall not be deemed as continuous, frequent or repetitive
within the meaning of these regulations.
(3)
Determination of threshold. The odor threshold as herein referred
to shall be determined by observation by a person or persons. In any
case where the owner or operator of an odor-emitting use or activity
disagrees with the enforcing inspector or where specific measurement
of odor concentration is required, the method and procedures specified
by the American Society for Testing and Materials, ASTM D 1391-57,
entitled "Standard Method for Measuring Odors in Atmosphere," shall
be used.
(4)
Backup safeguard system. Any process which may involve the creation
or emission of odors which would be in violation of this subsection
shall be provided with both a primary and a secondary safeguard system
so that control will be maintained if the primary safeguard system
fails.
J.
Handling, discharge and disposal of radioactive materials. The handling
of radioactive materials, the discharge of such materials into air
and water and the disposal of radioactive wastes shall be in conformance
with the following:
K.
Smoke, particulate matter and other air contaminants.
(1)
Visible emissions. No use or activity in any district shall cause,
create or allow the emission of air contaminants for more than three
minutes in any one hour which, at or beyond the emission point, are
as dark or darker in shade as that designated as No. 1 on the Ringlemann
Smoke Chart, as published by the United States Bureau of Mines.
(2)
Dust and other particulated air contaminants. Open storage and open
processing operations, including on-site transportation movements
which are the source of windborne dust and other particulate matter
or which involve dust or other particulate air-contaminant generating
equipment, such as used in paint spraying, grain handling, sand or
gravel processing or storage or sandblasting, shall be so conducted
that dust and other particulated air contaminants so generated are
not transported across the lot line of the tract on which the use
is located.
L.
Vibration.
(1)
Steady-state vibrations. At no point on or beyond the lot line of
any tract shall the ground-transmitted, steady-state vibration caused
by any use or activity on that tract exceed the limits established
in the table below:
|
Maximum Permitted Steady-State Vibration Displacement
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Commercial and Industrial Zones
(inches)
|
Residential Zones
(inches)
| |
|
Less than 10
|
0.0008
|
0.0004
| |
|
10 through 19
|
0.0005
|
0.0002
| |
|
20 through 29
|
0.0003
|
0.0001
| |
|
30 through 39
|
0.0002
|
0.0001
| |
|
40 through 49
|
0.0001
|
0.0001
| |
|
50 and over
|
0.0001
|
0.0001
| |
(2)
Discrete pulses. Discrete pulses shall not cause displacement in
excess of twice the values established in the table above for steady-state
vibration.
(3)
Impact vibrations. At no point at or beyond the lot line of any tract
shall the impact vibration caused by any use or activity on that tract
exceed the limits established in the table below:
|
Maximum Permitted Impact Vibration Displacements
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Commercial and Industrial Zones
(inches)
|
Residential Zones
(inches)
| |
|
Less than 10
|
0.0016
|
0.0006
| |
|
10 through 19
|
0.0010
|
0.0003
| |
|
20 through 29
|
0.0006
|
0.0002
| |
|
30 through 39
|
0.0004
|
0.0001
| |
|
40 through 49
|
0.0002
|
0.0001
| |
|
50 and over
|
0.0002
|
0.0001
| |
(4)
Method of measurement. For the purpose of measuring vibrations, a
three-component measuring system shall be used. A three-component
measuring system denotes instrumentation which can measure earth-borne
vibrations in three directions, each of which occurs at right angles
to the other two.
A.
Placement of structures.
(1)
The predominant axes of all structures hereafter erected shall be
either parallel or perpendicular to the axes of adjoining public or
private streets.
(2)
The largest dimension of any structure abutting the Boardwalk and
extending higher than 60 feet above the level of the Boardwalk shall
be oriented perpendicular to the Boardwalk; provided, however, that
the Planning Board, as part of the site plan/subdivision review process,
may authorize the largest dimension of such a structure to be oriented
parallel to the Boardwalk where such orientation is justified as part
of an energy conservation design for such structure. In no event,
however, shall a structure built with its largest dimension parallel
to the Boardwalk be more than 250 feet in length along the Boardwalk.
B.
Sun control angles along the boardwalk. No structure or any part
thereof, other than overhangs and balconies projecting not more than
five feet, shall encroach upon the Boardwalk side of an imaginary
plane extending upward from the landside edge of the Boardwalk at
an angle of 30° from the vertical plane; provided, however, that
this regulation shall apply only above a height of 35 feet above the
level of the Boardwalk. A diagram depicting the plane herein described
is set forth in the diagram at the end of this chapter.[1]
[1]
Editor's Note: The diagram described in this section will
be included at the end of this chapter upon review by the City.
C.
Minimum distance between buildings. For principle structures located
on the same lot, the minimum distance between walls containing openings
for light and air shall be equal to 1/3 of the height of the tallest
structure, but not less than the rear yard requirement applicable
to the structure.
E.
Uses at sidewalk levels in RS-C, CBD, RMC-4 and RS Districts. In
all RS-C, CBD, RMC-4 and RS Districts, every face of a structure fronting
on a public sidewalk shall, at the sidewalk level adjacent to said
structure, be designed predominantly for entrance lobbies and retail
commercial uses. Parking, mechanical equipment, storage and similar
uses shall not be allowed along any such frontage.
[Amended 6-15-1988 by Ord. No. 1-1988]
F.
Standards for boardwalk frontage. Every structure having a frontage
on the Boardwalk and located in a district permitting commercial or
resort uses shall comply with the following standards as to said frontage:
(1)
The floor level of the abutting structure shall be at the same level
as the Boardwalk or not more than two steps above or below the Boardwalk
level.
(2)
The entire Boardwalk frontage of the structure, with the exception
of entrance lobbies, shall be designed for Boardwalk-oriented retail
shops and services. Such shops shall have a depth of not less than
25 feet measured perpendicular to the Boardwalk. Restaurants, cafeterias
and bars shall occupy no more than 30% of the total length of the
Boardwalk frontage.
(3)
All uses fronting on the Boardwalk shall be directly accessible from
the Boardwalk.
(4)
Decorative walls, veneers or any other architectural feature which
seals the facade of the building along the Boardwalk or prevents its
active use by pedestrians on the Boardwalk are strictly prohibited.
G.
Treatment of structure surfaces.
(1)
At least 50% of the total exposed surface of all flat roofs, including
but not limited to decks, balconies and parking garage roofs, shall
be landscaped as roof gardens. The landscaping may be either distributed
on every exposed roof surface or concentrated in selected areas.
(2)
The balance of flat surfaces should be developed in such a manner
as to be totally acceptable from an aesthetic point of view and built
of nonreflective materials in order to secure agreeable visual conditions
in the roofscaping of the City. Rooftops at the level of 385 feet
above sea level are not subject to landscape treatments since they
are not visible.
(3)
Side surfaces should be treated with nonreflective materials. The
use of reflective materials may be allowed, provided that reflective
surfaces do not have adverse impacts on surrounding uses, such as
increasing the cooling loads of the structures upon which they reflect
heat, causing visual discomfort and the like.
