Article V: Special Regulations
§ 345-40 Signs.

Signs shall be erected and maintained in accordance with the provisions of an ordinance duly adopted to regulate and license the erection of signs within the City.

§ 345-41 Fences.

A. No fence hereafter erected, altered or reconstructed in any zone in the City may exceed three feet in height above the curb level when located within 25 feet of the intersection of two street lines.

B. No fence hereinafter erected, altered or reconstructed in any residential zone or on lots of any other zone on which residential buildings are erected shall exceed four feet in height above ground level within a front yard area, or more than six feet in height above ground level on any other side. This regulation shall not preclude the erection of a fence in accordance with Chapter 312, Tennis Court, in conjunction with a tennis court or Chapter 303, Swimming Pools, Article II, Public Recreational Bathing Places, in conjunction with a swimming pool. In the case of a corner lot, and in conjunction with a single family home, a five-foot fence would be permitted following toward the rear yard from the rear line of the house, continuing a maximum of 30 feet, and across the rear line, if located a minimum of 10 feet off the front property line. [Amended 8-25-1998 by Ord. No. 28-98]

C. Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Construction Code Official.

D. All fences and/or walls must be erected within property lines, and no fence or wall shall be erected which will encroach upon a public right-of-way. The finished side of a fence shall face outward from the property on which it is erected, unless determined otherwise by the Aesthetic Committee of the Planning Board.

E. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining space, provided that such wall does not exceed such height to be measured from the ground level of the highest adjacent grade.

F. The following fences and fencing materials are specifically prohibited: barbed-wire fences, sharp-pointed fences, canvas, cloth, electrically charged fences and temporary fences, such as snow fences, expandable fences and collapsible fences, at any location on the lot upon which a dwelling or structure is situated.

§ 345-42 Off-street parking regulations.

A. General provisions.

(1) Off-street parking space shall be provided with each and every new use created as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.

(2) None of the off-street parking facilities that are required in this chapter shall be required for any existing building or use, unless the building or use shall be enlarged, in which case the provisions of this chapter shall apply only to the enlarged portion of the building or use.

(3) The collective provision of off-street parking area by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

(4) Parking areas, driveways and access aisles may be located in any yard space, but shall not be closer than 10 feet to any street line or property line.

(5) A site plan shall be filed with the zoning permit application where off-street parking facilities are required or permitted under the provisions of this chapter in connection with the use or uses for which application is being made.

(6) All parking areas, passageways and driveways, except when provided in connection with one-family residences, shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the City Engineer.

(7) No display vehicles or trailer device for commercial purposes shall remain in any district for longer than a twenty-four-hour period.

(8) For additional parking requirements on Ocean Avenue and Ocean Boulevard, See § 345-11Q and R.

B. Parking areas in commercial and industrial districts. Every parcel of land hereafter used as a public or private parking area in any commercial or industrial zone shall be developed and maintained in accordance with the following requirements:

(1) Screening.

(a) Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situated in any residence zone district or institutional premises, as required in Subsection A.

(b) In addition to such buffer planting, the owner of the commercial property shall erect on the buffer a fence at least four feet in height for the purpose of protecting the residential property from litter, debris and light glare and such other nuisances that would disturb peaceful possession. The fence shall be of closed post picket solid fence, containing no more than 25% open space. The responsibility of maintenance of the commercial property referred to herein shall be joint and/or shared between the owner of the property and any other tenants who are in possession. No part of any parking area shall be closer than 10 feet to any school, hospital or other institutional building unless screened by an unpierced masonry wall.

(2) Not more than two driveways of not less than 20 feet or more than 30 feet in width, used as a means of ingress or egress for nonresidential off-street parking areas, shall be submitted for each 200 feet of frontage on a public street, nor shall any driveway be located closer than 50 feet to the intersection of two public streets.

(3) Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut or are within residential zones or uses.

(4) Off-street parking areas located in commercial, industrial and medical zones which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the City Engineer. The shade trees shall be located in a planned manner within the parking lot area in quantity equal to not less than one shade tree for every 10 parking spaces.

(5) For commercial and all nonresidential uses in business districts, required parking shall be provided within 150 feet of such use. It shall be measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.

(6) The provisions of this subsection may be met by participation in a community parking program designed to serve a larger area, provided that plans for such community parking have been approved by the Planning Board.

(7) All parking areas and appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial and industrial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

C. Parking areas in residential districts.

(1) Parking may be in attached or detached garages, driveways or parking areas.

(2) Driveways designated as parking space(s) shall have an area of nine feet by 18 feet for each space within the property lines.

(3) Parking areas for other than one-family detached dwellings shall provide landscaping consisting of attractive trees, shrubs, plants and grass lawns and shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut or are within residential zones or use.

(4) Commercial vehicles.

(a) No commercial vehicle shall be parked on private property between the hours of 9:00 p.m. and 5:00 a.m. or on Sunday in a residential zone; provided, however, that such restriction shall not apply to one commercial motor vehicle with a registered gross weight of 8,000 pounds or less, owned or used by a resident of the premises, which vehicle may be parked or garaged between the hours of 9:00 p.m. and 5:00 a.m. on said premises within a residential zone. [Amended 6-27-1994 by Ord. No. 29-94; 2-14-1995 by Ord. No. 8-95]

(b) The following vehicles shall be prohibited regardless of weight classifications: tow truck, school bus.

(5) Parking restrictions.

(a) No motor vehicle of a registered gross weight greater than 8,000 pounds shall be permitted to park between 9:00 p.m. and 5:00 a.m. on any premises, private property, City property, City street or City row within any residential zone or on any residential property. (See Chapter 325, Vehicles and Traffic, § 325-3L(1) and (2), and Chapter 316, Towing, § 316-5, Fees and charges, for further restrictions.)

(b) Exemption. Any emergency municipal, state, federal agencies or public utility vehicles being utilized to fulfill their specific tasks. [Added 2-14-1995 by Ord. No. 8-95]

(6) Failure to comply with this subsection will result in those penalties as prescribed in § 345-79, where applicable. [Added 2-14-1995 by Ord. No. 8-95]

(7) In no case shall more than 20% of any front yard area be used for parking or driveways in any R Residential Zone. [Added 8-26-2008 by Ord. No. 18-08]



(8) In the case of corner lots, the smaller of the front yard areas abutting any street shall be used in calculating the maximum allowed twenty-percent lot coverage for parking/driveways within any front yard areas within any R Residential Zone. [Added 8-26-2008 by Ord. No. 18-08]

(9) With the exception of circular driveways, as defined in § 345-11Y, not more than one driveway/parking area/curb cut shall be allowed on any property which contains a one- to four-family residential use and is located within any R Residential Zone. [Added 8-26-2008 by Ord. No. 18-08]

D. Required off-street parking space. [Amended 6-22-1993 by Ord. No. 19-93]

(1) Requirements shall be as follows:

(a) Dwelling units.

[1] One-family detached dwelling: two parking spaces, except that one additional parking space shall be required for each additional bedroom, as defined in § 345-3, over four bedrooms. [Added 7-25-2000 by Ord. No. 26-00]

[2] Multifamily detached, two, three and four dwellings: 2 1/2 parking spaces per dwelling unit.

[3] Townhouses: 2 1/2 parking spaces per dwelling unit.

[4] Garden apartment: 2 1/2 parking spaces per dwelling unit.

[5] Apartment in structure of more than two stories: 2 1/2 parking spaces per dwelling unit.

[6] Age-restricted dwellings: see § 345-54G.

(b) Barbershop, beauty salon and tanning salon: two spaces per chair/tanning bed, plus one additional space for each employee.

(c) Banks, financial and business offices and professional offices: one parking space for every 150 square feet of building area or major fraction thereof.

(d) Retail and service stores, except when otherwise specifically covered herein: one parking space for every 200 square feet of building area or major fraction thereof.

(e) Stores for the retail sale of furniture, appliances and hardware: one parking space for every 500 square feet of building area or major fraction thereof.

(f) Supermarkets and self-service food stores: one parking space for every 100 square feet of building area or major fraction thereof.

(g) Laundromats: one parking space for every two washing machines.

(h) Motor vehicle sales and service: one parking space for every 200 square feet of building area or fraction thereof.

(i) Eating and drinking facilities (restaurants, diners, bars, taverns, etc.).

[1] One thousand square feet or less of floor area: one parking space for every four seats, plus one parking space for every two employees.

[2] Above 1,000 square feet of floor area: one parking space for every four persons who may be legally admitted therein at one time under the state fire prevention laws, plus one space per every two employees.

[3] Raised decks and outdoor dining facilities: one parking space for every four persons who may be legally admitted therein at one time under the state fire prevention laws.

[4] Ground level patios and outdoor dining facilities: one parking space for every four seats provided.

(j) Bowling alleys: five parking spaces for each bowling lane.

(k) Auditoriums, churches, theaters, stadiums, assembly halls and similar places of public and quasi-public assembly having fixed seating facilities: one parking space for every four seats in the main assembly unit.

(l) Auditoriums, exhibition halls, assembly halls, union halls, community centers and similar places of public and quasi-public assembly not having fixed seating facilities: one parking space for every four persons who may legally be admitted therein at one time under the state fire prevention laws.

(m) Institutional uses for care of the ill or aged: one parking space for every four beds, plus one additional parking space for every two employees and members of the staff in the largest working shift.

(n) Mortuaries and funeral homes: two parking spaces for every 50 square feet of floor area in the slumber rooms, parlors or individual funeral service rooms.

(o) Public utility installations: five spaces.

(p) Parks and other outdoor recreation sites: five parking spaces for each gross acre of land up to 50 acres, and one parking space per gross acre of land above 50 acres.

(q) Industrial manufacturing establishments: one parking space for each employee, plus one space for each 1,000 square feet of gross floor area in the buildings for use by visitors to the building or buildings. The employee ratio shall be applied to the shift of work activity that has the greatest number of employees. Such parking area may be located in the required yard area, but shall not be located within a buffer area as required by this chapter.

(r) Home occupations: one parking space for each 150 square feet of space used for home occupation.

(s) Hospital/medical center:

[1] One space for every two beds.

[2] One space for every 150 square feet of professional office, clinic and outpatient facilities.

[3] One space for every three employees, doctors or students.

(t) Vertical parking garages.

[1] Vertical parking garages shall be treated as an accessory building within the zone district of its location; however, setbacks shall be a minimum of 30 feet from any property line or the height of the structure, whichever is the greater.

[2] Any site plan application for a vertical parking garage shall include design data on structural bearing capacities, anticipated loads, soil bearing and compaction tests.

[3] All plans and structures shall be subject to those applicable standards as set forth by appropriate federal, state, county and local agencies.

[4] All roof lighting shall be properly shielded so as not to produce glare affecting surrounding properties or any other buildings on the site.

[5] To reduce visual blight and increase safety, the space between the floors shall be of the same material and aesthetic design as the principal structures. Provisions for adequate ventilation must be provided so as to eliminate lingering noxious fumes and odors. The roof shall be enclosed with a solid masonry parapet four feet high around the entire perimeter.

[6] Levels permitted above-grade shall have a maximum height of 40 feet.

[7] An off-street waiting area capable of holding 5% of the total parking capacity within the structure shall be provided on the site.

[8] Ingress and egress points shall be subject to the approval of the Planning Board based on reports from the City Engineer, Traffic Bureau and Public Works and Division of Planning so as to minimize traffic congestion and hazard. No access point shall be closer than 150 feet of any street intersection.

[9] Parking space; aisle width. See Subsection D(1)(y).

(u) Other regulations.

[1] Nursing homes. See Subsection D(1)(m).

[2] Single family. See Subsection D(1)(a).

[3] Loading. See § 345-43.

(v) Delicatessens: one space for every two employees. There shall be one additional parking space for every 100 square feet of building area or major fraction thereof.

(w) Arcade: one parking space for every 25 square feet of floor area plus one space for each employee.

(x) Convenience store: one space for each 100 square feet of floor area.

(y) Health spa/gym: two parking spaces per each apparatus, plus one parking space per each 100 square foot of floor area, plus one parking space per paid employee.

(z) Active recreational sports, exposition and entertainment facility: two parking spaces per each apparatus, plus one parking space for each 100 square feet of floor space, plus one parking space per employee. [Added 2-14-1995 by Ord. No. 8-95; amended 10-27-1998 by Ord. No. 36-98]

(2) Parking space size shall be nine feet by 18 feet minimum. Aisle widths shall be as follows:

E. Temporary seasonal parking. Temporary seasonal parking lots and areas shall comply with all provisions of this section as follows: [Added 4-24-2012 by Ord. No. 8-12]

(1) General requirements.

(a) Zoning permit. A commercial zoning permit is required for any temporary parking lot and/or area.

(b) Location. Temporary seasonal parking shall be permitted in all redevelopment zones except the Lower Broadway Corridor (LBC).

(c) Time limit. No temporary parking lots and/or areas are permitted for more than one season per year.

(2) Other requirements. The following requirements shall be met by the site, the owner and/or occupier of the premises with respect to a temporary seasonal parking lot or area:

(a) General provisions:

[1] Minimum overall lot area: 30,000 square feet.

[2] A layout plan shall be filed with the commercial zoning permit application.

[3] No display vehicles or trailer devices for commercial purposes shall remain for longer than a twenty-four-hour period.

(b) Plan requirements:



[1] Parking areas, driveways and access aisles may be located in any yard space but shall not be closer than 10 feet to any street line or property line.

[2] Not more than two driveways of not less than 20 feet or more than 30 feet in width, used as a means of ingress and egress for temporary parking lots or areas, shall be submitted for each 200 feet of frontage on a public street, nor shall any driveway be located closer than 50 feet to the intersection of two public streets.

[3] Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut residential or institutional zones or uses and as per screenings in this section.

[4] All temporary parking lots or areas that are illuminated during the hours between sunset and sunrise when the use is in operation shall provide a lighting plan. Adequate shielding shall be provided to protect adjacent properties from the glare of such illumination and from that of automobile headlights. Pole height, locations and illumination are required on the plans.

[5] Designated parking spaces shall have an area of nine feet by 18 feet for each space within the property lines.

[6] Layout plan must be approved by the Department of Public Safety.

(c) Screening requirements:

[1] Screening and buffer planting is required on any side which adjoins, abuts or faces premises situated in any residential zone district or institutional premises, as required in this chapter, and shall consist of attractive trees, shrubs, plans and grass lawns planted in accordance with the layout plan.

[2] Buffer strip and/or plantings shall consist of a continuous planting strip of trees and/or shrubs densely planted so as to restrict clear view beyond such strip. Buffer planning in front yard areas may not exceed four feet in height. Buffer plantings in side or rear yards must be at least six feet in height.

[3] In addition to such buffer planting, the owner of the property shall erect on the buffer a fence at least four feet in height for the purpose of protecting the residential property from litter, debris and light glare and such other nuisances that would disturb peaceful possession. The fence shall be closed post picket solid fence, containing no more than twenty-five-percent open space. The responsibility of maintenance of the property referred to herein shall be joint and/or shared between the owner of the property and any other tenants who are in possession. No part of any parking area shall be closer than 10 feet to any school, hospital or other institutional building unless screened by an unpierced masonry wall.

[4] Fencing and gates must also comply with § 345-41.