Alpha City Zoning Code
ARTICLE III
Use Regulations
§ 410-10 (Reserved) [1]
[1]
Editor’s Note: Former § 410-10, R-1 Residence Zone, was repealed 5-26-2015 by Ord. No. 2015-02.
§ 410-10.1 R-1A Agriculture Zone.
[Added 9-25-2007 by Ord. No. 07-11; amended 5-26-2015 by Ord. No. 2015-02]
A.
The purpose of this zone is to promote farmland preservation and limit nonagricultural uses within the district, to the extent feasible, to those designed to support the preservation of farmland, avoid conflicts with agriculture, and maintain and enhance the sustainability and continued viability of the agricultural industry. Permitted principal uses shall be as follows:
(1)
One-family dwellings where cluster development is not feasible.
(2)
Municipal parks, playgrounds and buildings deemed appropriate by the Borough Council of the Borough of Alpha.
(3)
Farms, farm dwellings and farmsteads, including horticultural uses and greenhouses, but not including the raising of poultry or livestock.
(4)
Churches and similar places of worship.
B.
Permitted accessory uses shall be as follows:
§ 410-11 (Reserved) [1]
[1]
Editor’s Note: Former § 410-11, R-2 Residence Zone, was repealed 5-26-2015 by Ord. No. 2015-02.
§ 410-12 R-3 Residence Zone.
§ 410-13 R-4 Residence Zone.
[Amended 5-26-2015 by Ord. No. 2015-02]
§ 410-14 R-5 Residence Zone.
[Amended 5-26-2015 by Ord. No. 2015-02]
B.
Permitted accessory uses shall be as follows:
(1)
Any accessory use permitted in the R-4 Residence Zone.
C.
Conditional uses shall be as follows:
(1)
Home occupation uses.
(2)
Neighborhood-scale retail, service, restaurant, and office uses as permitted and regulated in the B-2 Business Zone where it can be demonstrated that there will be no detrimental impacts on surrounding residential properties in terms of parking, traffic, lighting, or noise. The following conditions shall also apply:
(a)
Converting a residential use to a nonresidential use is prohibited.
(b)
Outside storage of any kind is prohibited.
(c)
Signage is restricted to the identification of the name and address of the business; freestanding signs are prohibited.
(d)
Parking is prohibited within the required front yard setback for the principal structure.
(e)
Deliveries to the site are limited to occasional delivery vans operating during normal business hours.
§ 410-15 MF Multifamily Residence Zone.
B.
Permitted accessory uses shall be as follows:
[Amended 6-22-2004 by Ord. No. 04-16; 5-26-2015 by Ord. No. 2015-02]
(1)
Any accessory use permitted in the R-4 Residence Zone.
C.
Special provisions and requirements applicable for multifamily dwellings. The following provisions are in addition to those set forth in the Schedule of Area, Yard and Building Requirements, § 410-21.[1]
(1)
Maximum density. There shall be no more than 10 dwelling units per acre.
(2)
Bulk requirements.
(a)
Minimum side yards. There shall be two side yards of not less than 30 feet each; provided, however, that for each 10 feet or part thereof of building wall in excess of 30 feet on the longest side, said building shall have an additional side yard setback of one foot.
(b)
Distance between buildings. There shall be a minimum distance of 50 feet between principal structures. If an access drive is located between principal structures, the minimum distance between said structures shall be 50 feet in addition to the width of the access drive.
(c)
Building requirements.
[1]
Length of building. No building or group of buildings structurally joined end to end shall exceed 100 feet in length; provided, however, that not more than three such buildings or groups of structurally joined buildings may be structurally joined.
[2]
Units per building. No building shall contain more than 12 dwelling units.
[3]
Exterior construction. Exterior walls of all buildings shall be faced with brick, stone or other equally durable and attractive material as approved by the Planning Board.
[4]
Maximum building coverage. The total floor area of all principal buildings shall not exceed 20% of the lot area. The total floor area of all principal buildings and accessory buildings and structures shall not exceed 30% of the lot area.
(3)
Dwelling unit requirements.
(a)
Minimum floor area. Each dwelling unit shall have a minimum floor area of 600 square feet plus 200 square feet for each room in addition to living room, dining room, kitchen, bathrooms, hallways and closets.
(b)
Dwelling units shall not be located in a cellar or in attic space.
(c)
Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.
(d)
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of impact sound.
(e)
Basement storage space of 500 cubic feet shall be provided for each dwelling unit.
(4)
Garages and accessory structures. Garages may be built into a principal building or separately constructed as hereinafter provided.
(a)
Size. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each group of attached garage spaces shall have a joint capacity of not more than eight automobiles arranged in a row. Use of the garages shall be limited to automobiles, and no commercial vehicles or commercial-type vehicles shall be garaged on the site.
(b)
Height. The maximum height of any garage or accessory structure shall be 15 feet.
(c)
Design. Architectural design and materials used in the construction of garages and accessory structures shall conform to those used in the construction of the principal buildings.
(d)
Setbacks. Garages and accessory structures shall be erected beyond the street setback of the principal buildings and shall be at least 25 feet from a principal building, at least 15 feet from another accessory structure and at least 15 feet from a property line.
(5)
Parking and traffic circulation. Off-street parking facilities shall be provided in accordance with Article VI and, in addition, shall meet the following requirements:
(a)
Parking spaces per unit. There shall be at least 1 1/2 parking spaces for each dwelling unit, 50% of which may be in garages.
(b)
Location. Off-street parking areas shall be located beyond the minimum required setback for principal buildings. All parking areas shall be at least 10 feet from a principal building and at least 15 feet from a property line.
(c)
Access drives. Two access drives leading to a street shall be provided. Parking areas and access drives shall be so located and arranged as to provide safe traffic movement. No such facilities shall be approved that are likely to involve any risk of vehicular or pedestrian traffic safety.
(d)
Concrete sidewalks at least four feet in width shall be constructed as follows:
(6)
Landscaping and open space. All portions of the site not used for buildings and off-street parking shall be attractively landscaped with trees, shrubs and grass lawns as required by the Planning Board. At least 15% of the gross site area shall be devoted to common open space suitable for use by the residents for recreation. Screening and fencing shall be provided along side and rear property lines as required by the Planning Board.[2]
(7)
Miscellaneous.
(a)
Television antennas shall be limited to one master antenna per building.
(b)
Air-conditioning units shall not extend more than 18 inches from the exterior wall.
(c)
Basement laundry facilities may be provided in each building. Outside clothes drying is prohibited.
(d)
Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.
(e)
Except for laundry machines, there shall be no coin-operated machines.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included as an attachment to this chapter.
§ 410-16 AH Affordable Housing Zone.
[Amended 11-26-2002 by Ord. No. 02-11]
A.
Purpose.
(1)
The purpose of the AH District is to create a realistic opportunity for affordable housing to be constructed in the Borough of Alpha in accordance with the rules set forth by COAH. Special standards and procedures applicable to the AH District only are set forth herein to expedite the production of the affordable housing.
(2)
Any provision of this chapter or any other ordinance which is in conflict with this section and which imposes restrictions or limitations not otherwise required for health and safety, shall be inapplicable to the AH Zone.
B.
Application procedures.
(1)
The applicant shall submit all plans and documents to the Board for review and approval as required by Chapter 350, Subdivision of Land, Chapter 315, Site Plan Review, or any more recently enacted ordinance similarly entitled, as applicable. The Board shall distribute the plans to those agencies required by law to review and/or approve development plans and to all other municipal agencies which normally review development plans. The failure of a municipal agency to submit a report to the Board shall not extend the time for review and action by the Board.
(2)
The technical advisors to the Board shall review the complete application for technical compliance and shall convey comments directly to the applicant's advisors in advance of the public hearing so that at the time of the public hearing the applicant will have had sufficient opportunity to resolve any technical problems associated with the submission. Daytime meetings shall be scheduled at the request of the applicant between the Board's technical advisors and the applicant's advisors for this purpose.
(3)
The Board shall hold a public hearing in accordance with N.J.S.A. 40:55D-46 on the application. The Board shall take action on the application within 95 days from the date of submission of a complete application for preliminary or for simultaneous preliminary and final approval. If a subsequent final approval is sought, action on the final plan shall be taken by the Board within 30 days of the date a complete application is submitted.
(4)
The applicant is encouraged to submit a concept plan for informal review by the Board pursuant to N.J.S.A. 40:55D-10.1 prior to the preparation of a preliminary development plan.
(5)
The development plans submitted shall contain all of the information required by ordinance for the preparation of a site plan and/or a subdivision, as applicable, except that the Board may exempt the applicant from the requirement to submit full environmental, traffic and community impact statements, provided that the applicant submits specific data requested by the Board to facilitate its review which shall include, as a minimum, wetlands and stream encroachment analyses, if applicable, intersection studies and school population projections.
C.
Permitted uses.
(1)
Principal uses.
(a)
One-family detached dwellings at a net density not to exceed four dwelling units per acre.
(b)
One-family attached dwellings, townhouses [as defined hereinafter at Subsection H(2)], and twin (or side-by-side two-family) dwellings at a net density not to exceed six dwelling units per acre.
(c)
Multifamily dwellings containing up to four dwelling units each at a net density not to exceed 12 dwelling units per acre.
(d)
Senior citizen housing in any of the above-listed housing types.
(e)
Public or private parks and playgrounds.
(f)
Public or private recreation buildings and facilities.
(g)
Public or private schools and day-care facilities.
(2)
D.
Development, density and bulk requirements.
(1)
Development requirements. Development in the AH Zone shall be served by public water and sewerage systems.
(2)
Density. The permitted gross density of development on the tract shall not exceed 4.5 dwelling units per acre or 108 units, whichever is less.
(3)
Setback requirements for townhouses and multifamily dwellings only:
(a)
There shall be the following minimum distances between buildings:
[1]
Windowless wall to windowless wall: 20 feet.
[2]
Window wall to windowless wall: 25 feet.
[3]
Window wall to window wall:
[a]
Front to front: 60 feet.
[b]
Rear to rear: 50 feet.
[c]
End to end: 30 feet.
Note: The Board may reduce the above distances by not more than 1/3 if there is an angle of 20° or more between buildings and if extensive landscaping or buffers are placed between buildings in the areas where the above distances are reduced. |
[4]
Any building face to local street curbface or edge of pavement: 30 feet.
[5]
Any building face to collector street curbface or edge of pavement: 40 feet.
[6]
Any building face to arterial street curbface or edge of pavement: 50 feet.
[7]
Any building face except garage face to common parking area: 12 feet.
[8]
Garage face to common parking area: 20 feet.
Note: Where a building abuts a parking lot (other than parallel parking), the above setbacks shall be measured excluding the parking spaces. |
(b)
In no case shall a building or garage face be closer than 20 feet to any street right-of-way.
(4)
Area and setback requirements for twin (or side-by-side two-family) dwellings and one-family attached dwellings only:
(a)
Minimum lot area allocated: 3,200 square feet per unit.
(b)
Minimum lot width allocated: 40 feet per unit.
(c)
Minimum front yard: 20 feet.
(d)
Minimum rear yard: 20 feet.
(e)
Minimum distance between buildings: 25 feet end to end.
(f)
Twin (or side-by-side two-family) dwellings and one-family attached dwellings need not be located on subdivided individual lots, provided that said units shall be designed to be subdividable in conformance with the above standards. Plans shall be submitted demonstrating that such a subdivision is feasible. Such demonstration shall be in the form of a drawing showing all potential lot lines and lot dimensions and setbacks.
(5)
Area and setback requirements, one-family dwellings:
(a)
Lot area. No individual lot shall contain less than 6,000 square feet nor have a lot width of less than 60 feet and a lot depth of less than 100 feet.
(b)
Building setbacks:
[1]
Front yard: 20 feet.
[2]
Rear yard: 35 feet. A deck is permitted to be constructed within the required rear yard, provided its width is less than or equal to 1/3 of the lot width, and its setback from the rear lot line is at least 20 feet.
[3]
Side yards: 10 feet each.
[4]
Where individual lots are not being subdivided, yards shall be created for each building such that a subdivision could occur and all lots and buildings would conform to the area and setback requirements set forth herein. Plans shall be submitted demonstrating that such a subdivision is feasible. Such demonstration shall be in the form of a drawing showing all potential lot lines and lot dimensions and setbacks.
(6)
Coverage. The maximum coverage by buildings in the portion of the tract used to compute the net density shall not exceed 25%. The maximum coverage by all impervious surfaces, including buildings, shall not exceed 60%.
(7)
Buffer areas. No building, driveway or parking area shall be located within 50 feet of any tract boundary line, except that this requirement shall not apply to a tract boundary abutting an existing railroad right-of-way or publicly owned land. Buildings may be located at distances less than 50 feet, but not less than the required setback, provided that a buffer consisting of plantings, berms or fences is provided between the building and the tract boundary line.
(8)
Building height. No building shall exceed 2.5 stories in height, nor shall any building exceed 35 feet in height.
E.
Parking requirements.
(1)
Parking shall be provided for all residential uses in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21).
(2)
Parking spaces in common parking areas shall be located within 250 feet of the dwelling unit served.
(3)
All required parking shall be provided off-street, except that nothing herein shall be construed to prohibit additional nonrequired, on-street parallel parking spaces, provided the street width is appropriately designed.
F.
Affordable housing requirements. Affordable housing units are required to be constructed in accordance with the following:
(1)
Number. All developments in the AH Zone shall be required to provide affordable housing at the rate in accordance with the following:
Housing Type | Rate | ||
|---|---|---|---|
One-family dwelling | 15% | ||
All other housing types: | |||
Sale units | 20% | ||
Rental units | 15% | ||
If the percentage of affordable housing units required to be provided yields a fraction of 0.5 or more, the number shall be rounded up to the next whole number. | |||
(2)
Types and locations of affordable housing units. The affordable housing units shall reflect at least two of the housing types represented in the development as a whole (for example, townhouses and one-family dwellings), unless only one type of market-priced housing unit is constructed. The locations of all affordable housing units shall be designated on the site plan.
(3)
Phasing. In each inclusionary development, affordable housing shall be constructed in accordance with the following phasing schedule:
Percentage of Total Market Housing Unit Certificates of Occupancy | Minimum Percentage of Affordable Housing Unit Certificates of Occupancy | |
|---|---|---|
25% | 0% | |
25% plus 1 unit | 10% | |
50% | 50% | |
75% | 75% | |
90% | 100% | |
100% | 100% |
(4)
Affordability requirements. The affordable housing units constructed shall comply in all respects with the requirements of the Borough's Affordable Housing Ordinance and COAH's Substantive Rules (N.J.A.C. 5:93-1 et seq.)
(5)
Administration and marketing costs. The developer shall assume all of the costs of administering the terms of the Affordable Housing Ordinance (through a third-party affordable housing administration agency selected by the Borough) as well as the costs of implementing the Affirmative Marketing Plan for the affordable housing units in the development.
(6)
Condominium and homeowners' association fees. Condominium and homeowners' association fees shall be fairly assessed based on the square footage of units for both market and affordable housing units of the same type. The rate for all condominium and homeowners' association fees for the affordable housing units shall be 100% of the rate for the market units of the same type, and this rate shall be reflected in the computation of the affordable sales prices.
(7)
Subsidies. Government subsidies may be used at the discretion of the applicant to fulfill the requirements of this section. The lack of said subsidies shall in no way alter or diminish the affordable housing requirements of this section.
(8)
Approvals to run with the land. Any development for which site plan approval has been approved shall be considered a single development for purposes of this section, regardless of whether parts or sections are sold or otherwise disposed of to person or legal entities other than the one which received approval. All approvals and conditions of approval shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Planning Board Attorney setting forth the requirements for the provision of low- and moderate-income housing units.
G.
Common open space and common elements.
(1)
A minimum of 20% of the portion of the tract utilized in the computation of the net density for multifamily, one-family attached, twin or townhouse dwellings shall be designated as common open space which may consist of conservation area, public use area, open space area, recreation area and/or other common open space. Up to 25% of the designated common open space may consist of natural or man-made water bodies. The common open space area shall exclude private patios and yards and any area located between a building and street or common parking area.
(2)
All property owners and/or tenants of the units within the portion of the tract yielding the common open space shall have the right to use the common open space and any recreational facilities located on it.
(3)
Appropriate facilities for recreation and outdoor entertainment shall be provided within the common open space.
(4)
Common open space and other open space may be deeded to the municipality, if accepted by the governing body.
(5)
All common open space or other open space not accepted by the municipality and all common elements in the development shall be deeded to an open space organization established to own and maintain the common elements as provided at N.J.S.A. 40:55D-43. The open space organization documents shall be submitted to the Board Attorney for review and approval.
H.
Engineering and construction design standards. The standards for engineering and construction of the project shall be governed by the Residential Site Improvement Standards and by the provisions of this section.
(1)
Lighting.
(a)
Streetlighting shall be provided at all street intersections and along all collector and local streets, parking areas and anywhere else deemed necessary for safety reasons.
(b)
Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs, and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, roads, and traffic safety from glare, reflection and overhead sky glow in order to recommend steps needed to minimize these impacts.
(c)
The average intensity of lighting permitted on roadways shall be as follows:
Street Classification | Location | Minimum Footcandles | |
|---|---|---|---|
Local streets | Except intersections | 0.2 | |
Intersections | 2.0 | ||
Collector streets | Except intersections | 0.4 | |
Intersections | 3.0 |
(2)
Additional townhouse and multifamily dwelling design requirements.
(a)
No townhouse building shall contain more than eight townhouse dwelling units, and no multifamily dwelling shall contain more than four dwelling units.
(b)
No building shall exceed a length of 180 feet.
(c)
Each dwelling unit shall have at least two exterior exposures with at least two windows in each exposure; alternatively, each dwelling unit shall be designed in conformance with the Uniform Construction Code such that either 8% of the floor area of all habitable rooms shall be in windows or the maximum depth of the unit shall not exceed 22 feet.
(d)
No room within a dwelling unit intended for human habitation shall be located in a cellar, basement or attic except that a cellar or basement may contain a family room or recreation room.
(e)
Accessory buildings shall meet the property line setbacks of the principal buildings.
(f)
The maximum height of an accessory building shall be 16 feet, except that recreational buildings and facilities shall be governed by the height limitations for principal buildings.
(g)
Garages may be built into the principal structure or separately constructed as hereinafter provided. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each group of attached garages shall have a joint capacity of not more than eight automobiles which shall be arranged in a row. There shall be a minimum distance of 10 feet between structures.
(h)
All buildings shall be serviced by CATV facilities.
(i)
Laundry facilities may be provided in each unit or in each building. Outside clothes drying is prohibited.
(j)
One or more completely enclosed but unroofed structures for the collection and storage of solid waste and recyclables shall be provided. No garbage, recyclables or other refuse shall be stored or collected except in such approved structures.
(k)
In addition to storage areas contained within the dwelling unit, a minimum of 250 cubic feet of storage space shall be provided for each dwelling unit, which private lockable storage space shall be located at ground level and shall be directly accessible from the outside of the building for purposes of storing bicycles, perambulators and similar outdoor equipment.
(l)
Screening and fencing shall be provided as needed to shield parking areas and other common facilities from the view of adjoining properties and streets.
(3)
Landscaping. Provisions shall be made for the preservation of existing trees and natural features to the extent possible. All disturbed areas shall be landscaped. Landscaping shall be provided as follows:
(a)
Shade trees shall be planted along all streets and in common parking areas. Such trees shall be a minimum of two inches in caliper at time of planting, shall be native to the area, and shall be planted a minimum of 50 feet on center along both sides of all streets and common parking areas. The Planning Board shall approve the choice of plantings.
(c)
Buffer areas shall be left in a natural state wherever trees and shrubbery exist which are outside the limits of disturbance; otherwise, buffer areas shall be planted with conifers, six feet to eight feet high at time of planting, eight feet on center at the rate of one tree per 400 square feet of buffer area.
(d)
All disturbed areas shall be planted in grass or ground cover.
(e)
All plantings shall be of nursery stock, balled and burlapped, healthy and free of disease, and guaranteed for at least two growing seasons.
§ 410-17 B-1 Business Zone.
A.
Permitted principal uses. This district is intended for general business uses which may serve both a local population and a regional population. The following principal uses are permitted in the B-1 Business Zone subject to the requirements of site plan review:
(1)
Stores or shops for retail business or wholesale display entirely within the confines of a building.
(2)
Banks and offices for business, executive and professional purposes.
(3)
Restaurants.
(4)
Municipal buildings and uses.
(5)
Churches and similar places of worship, parish houses, convents, cemeteries and other facilities of recognized religious groups.
(6)
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
(7)
Home improvement centers and lumberyards.
(8)
Garden centers and plant nurseries.
(9)
Light manufacturing uses such as printing, cabinetry, assembly of electronic parts and similar type uses.
(10)
Mini storage. Limited to the storage of personal items generally associated with, and stored in, residential structures.
§ 410-18 B-2 Business Zone.
A.
Permitted principal uses. This zone district is intended for neighborhood-scale retail, service, restaurant, and office uses in addition to residential uses at R-4 standards. The following principal uses are permitted in the B-2 Business Zone:
[Amended 5-26-2015 by Ord. No. 2015-02]
(1)
Retail shops and personal services.
(2)
Banks.
(3)
Professional offices.
(4)
General business offices.
(5)
Restaurants.
(6)
Food stores.
(7)
Cultural and educational facilities.
(8)
Studios.
(9)
Public buildings.
(10)
Clubs, fraternal groups and nonprofits.
(11)
Residential uses permitted in the R-4 Residence Zone in accordance with R-4 area, yard and building requirements.
(12)
Churches and similar places of worship, parish houses, convents, and other facilities of recognized religious groups.
C.
Conditional uses shall be as follows:
(2)
Conversion of a residential property to an office or retail use in accordance with the following standards:
[Added 5-26-2015 by Ord. No. 2015-02]
(a)
All converted residential buildings shall maintain a residential exterior. The footprint of an existing residential building shall not be expanded to accommodate a nonresidential use.
(b)
The nonresidential use shall not require any more than five off-street parking spaces and shall not exceed the required number of spaces if less than five. Parking requirements for the nonresidential use must be satisfied without encroaching on any required setback area for accessory structures and without increasing the existing impervious surface on the lot by more than 10%. Parking is prohibited within the required front yard setback for the principal structure.
(c)
Deliveries to the site are limited to occasional delivery vans operating during normal business hours.
(d)
Outside storage of any kind is prohibited.
(e)
Nonresidential signage is restricted to the identification of the name and address of the business.
(f)
Any lighting beyond that normally associated with a residential use is prohibited unless it is absolutely necessary for safe pedestrian or vehicular movement of patrons on the site.
(g)
Live-work opportunities are permitted where the first floor of a single-family detached home is converted to a professional office or retail use while maintaining a residential use on the upper floors only if the office or retail use is owned or operated by the resident of the building.
§ 410-19 B-3 Business Zone.
A.
Permitted principal uses. This zone is intended to permit small office and office conversions and residential uses. The following principal uses are permitted in the B-3 Business Zone:
[Amended 11-30-2012 by Ord. No. 12-12; 11-12-2013 by Ord. No. 13-16; 11-12-2013 by Ord. No. 13-17; 5-26-2015 by Ord. No. 2015-02]
C.
Conditional uses shall be as follows:
[Amended 5-26-2015 by Ord. No. 2015-02]
(2)
Conversion of a residential property to an office use in accordance with the following standards:
(a)
All converted residential buildings shall maintain a residential exterior. The footprint of an existing residential building shall not be expanded to accommodate a nonresidential use.
(b)
The nonresidential use shall not require any more than five off-street parking spaces and shall not exceed the required number of spaces if less than five. Parking requirements for the nonresidential use must be satisfied without encroaching on any required setback area for accessory structures and without increasing the existing impervious surface on the lot by more than 10%. Parking is prohibited within the required front yard setback for the principal structure.
(c)
Deliveries to the site are limited to occasional delivery vans operating during normal business hours.
(d)
Outside storage of any kind is prohibited.
(e)
Nonresidential signage is restricted to the identification of the name and address of the business.
(f)
Any lighting beyond that normally associated with a residential use is prohibited unless it is absolutely necessary for safe pedestrian or vehicular movement of patrons on the site.
(g)
Live-work opportunities are permitted where the first floor of a single-family detached home is converted to a professional office use while maintaining a residential use on the upper floors only if the office use is owned or operated by the resident of the building.
§ 410-20 I Industrial Zone.
A.
Permitted principal uses. This zone is intended for the following uses conducted entirely within the confines of buildings, provided that they do not exceed the limitations imposed by the performance standards hereinafter set forth in this article:
(1)
(2)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(3)
Office buildings for business, professional, executive and administrative purposes.
(4)
Farms, including horticultural uses and commercial greenhouses.
(5)
Public buildings and uses.
(6)
Warehouses and wholesale distribution centers, including truck terminals for the purpose of handling freight from one truck or rail car to another.
(7)
Commercial and industrial sales and service, including:
(a)
General construction contracting yard and office.
(b)
Truck sales and servicing; the storage, repair, servicing and sales of over-the-road vehicles and related equipment, provided that all repair and painting work shall be performed within an enclosed building.
(c)
Building material sales.
(d)
Trades. Such uses shall include plumbing, wood and metal, welding, electrical, cabinet and furniture shops.
(e)
Recycling collection and transfer center. Materials to be collected shall be of the same general character and composition as the following materials: paper, cardboard, aluminum, glass, tin, copper and plastics.
(8)
Public utility uses.
(9)
Adult bookstores and/or gift stores and adult motion-picture theaters, only upon receipt of a conditional use permit, and provided that all applicable requirements of this chapter are met, together with any other requirements deemed necessary by the Planning Board.
[Amended 6-22-2004 by Ord. No. 04-15]
(10)
Light manufacturing uses such as printing, cabinetry, assembly of electronic parts and similar type uses.
[Added 5-26-2015 by Ord. No. 2015-02]
B.
Permitted accessory uses. The following accessory uses are permitted in the Industrial Zone:
(3)
Private garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
(4)
Accessory buildings and structures normally incident to and subordinate to the principal use.
(5)
Outdoor storage of materials associated with the use, provided that all outdoor storage shall be in the side and rear yards only and shall, at a minimum, be enclosed with a solid fence eight feet in height with a lockable gate to secure the area from unauthorized access.
C.
Prohibited uses.
[Amended 5-14-2013 by Ord. No. 13-07]
(1)
The development, production, storage, deployment, usage or fabrication of radioactive materials. This prohibition shall not apply to naturally occurring material containing low, normal or background levels of radiation, nor to the production of consumer products in general use, including products such as smoke detectors and timepieces, nor to commonly accepted medical uses such as x-rays and pharmaceuticals.
(2)
Nonmunicipal outdoor vehicle, leaf and sludge recycling, treatment, conversion or composting of any type.
(3)
Recycling facilities such as vehicle recycling or junkyards, wood pallet recycling, incinerators, landfills, resource recovery facilities or the storage and/or transfer of hazardous or toxic fuel or waste of any kind.
(4)
The manufacturing, processing, and/or storage of concrete and/or bituminous concrete.
(5)
Facilities designed to store electricity, whether generated on-site or off-site, for later distribution to the electric grid or later use on-site, unless located within a single building.
[Added 10-22-2019 by Ord. No. 2019-17]
D.
Conditional uses shall be as follows:
(2)
Solar production systems meeting the following requirements and subject to the following limitations:
[Added 12-13-2011 by Ord. No. 11-12]
(a)
Any applicant proposing a solar production system must file conditional use and site plan applications with the Land Use Board and obtain site plan and all other requisite Board approvals, including conditional use approval, in accordance with Chapter 315, Site Plan Review.
(b)
Ground-mounted solar production systems shall be located only on nonforested sites or on sites that have been cleared for at least five years prior to the submission of the application. Not in excess of 20% of the lot shall be cleared for purpose of establishment of a solar production system.
(c)
The site shall contain an area of six acres for each megawatt (MW) of electrical energy to be produced.
(d)
The design output capacity of a solar production system shall not exceed 10 megawatts (MW).
(e)
Not in excess of 80% of the lot shall be devoted to a solar production system.
(f)
Solar production systems shall maintain a setback distance of 75 feet from all property lines.
(g)
Solar production system structures, appurtenances and facilities shall not exceed a height of 15 feet above ground level.
(h)
Ground-mounted solar production systems shall not be deemed to contribute to impervious surface calculations for drainage purposes, unless installed above an existing impervious surface.
(i)
The facilities and associated equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system and contact information in the event of an emergency. In no case shall any such identification be visible from the property line.
(j)
Wires, cables and transmission lines running between the facility and any other structure shall be installed underground.
(k)
Solar production systems shall be screened from view of all public streets by buildings and/or a fifty-foot-wide buffer of dense evergreen plantings and/or fences as deemed necessary by the Land Use Board to effectuate the intended buffer.
(l)
Applications for approval of ground-mounted solar production systems shall include a landscape plan specifying the seed mix to be used as groundcover beneath the solar arrays, which shall consist of a mix that requires low maintenance, promotes establishment of local wildlife and has a maximum growth height less than the height of the lower portion of the solar panels.
(m)
Solar production systems and associated equipment which have not been used for commercial production for a period of six consecutive months shall be removed by the property owner. Furthermore, all equipment buildings, related facilities, fencing, utility connections and access driveways utilized for the solar production facility shall be removed and the site restored to its predevelopment condition. Such removal shall be completed within 60 days of the end of such six-month period. All costs associated with removal shall be the exclusive responsibility of the property owner.
(n)
In order to assure compliance with the facility abandonment requirements set forth in Subsection D(2)(m) above, the developer and/or property owner shall provide a performance guaranty satisfactory to the Land Use Board and the Borough Council as sufficient for the reasonably projected costs of removal of the equipment and restoration of the site. Said performance guaranty shall be in an amount equal to 120% of the estimated costs of removal and restoration and shall be subject to the approval of the Borough Engineer. Failure to remove an abandoned solar energy system shall enable to the Borough to remove same at the owner's expense and to assess the property upon which the facilities were located for all reasonable costs and expenses associated therewith, including professional (legal and engineering) services.
(3)
Water storage tanks for provision of potable water and fire protection services.
[Amended 11-7-2022 by Ord. No. 2022-10]
§ 410-20.1 Cemetery Zone.
[Added 5-26-2015 by Ord. No. 2015-02]
A.
Permitted principal uses shall be as follows:
(1)
Cemeteries, including the establishment of individual gravesites, mausoleums, crematoria, and other accessory uses and activities customarily associated with a cemetery. Cemeteries shall conform to all county, state, and federal requirements and the following:
(a)
The minimum lot size shall be five acres.
(b)
All buildings or structures shall be set back a minimum of 25 feet from any property line.
(c)
No structure shall exceed a height of 35 feet.
(d)
All portions of the cemetery, including structures, shall be effectively screened from adjoining residential uses. Additional landscaping shall be used to help screen parking areas visible from the street and adjoining properties and improve the effectiveness of buffer areas near property lines of neighboring residential areas.
(e)
On-site parking may be located either in dedicated parking stalls or through parallel parking along interior roads. Parking areas shall be set back a minimum of 10 feet from any property line, except that this requirement shall not be deemed to prohibit the use of existing parking facilities. On-site parking may be supplemented with off-site parking facilities, provided the cemetery operator provides evidence of a legal right to the use of such off-site facilities.
(2)
Churches and similar places of worship, parish houses, convents, and other such facilities of recognized religious groups in accordance with R-3 Residence Zone standards.