The following provisions shall apply to all buildings and uses lawfully existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter.

Any nonconforming use of structures or land and any nonconforming buildings may be continued indefinitely, but such buildings or uses:

Maintenance may be made to a nonconforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or increase the nonconformity in any manner.

Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in, or the reconstruction of, a nonconforming structures; provided that such action does not increase or extend the degree of, or create any new, nonconformity with regard to the regulations pertaining to such buildings or the lot upon which they are constructed; except that, the floor area of a detached single-family house that occupies a lot that is smaller than the minimum lot area required in the district in which such house is located may be increased by not more than 10% of the floor area existing as of the date of adoption of this chapter provided that the resulting structure complies with all other requirements of this chapter.

Any existing structure on a nonconforming lot or an existing structure on a nonconforming lot which violates any yard requirements may have additions to the principal building and/or an accessory building may be constructed on such a lot without an appeal to the Zoning Board of Adjustment, provided that the total permitted building coverage is not exceeded and the accessory building and/or the addition to the principal building do not violate any other requirements of this chapter.

Accessory buildings and structures shall be permitted only on the same lot and within the same zone as the principal building to which they are accessory, unless otherwise indicated in this chapter. All accessory uses shall be such as to not alter the character of the premises on which they are located or impair the neighborhood.

Accessory buildings and structures shall only contain those uses that are supplementary to the permitted use on the property.

Accessory buildings, structures, and uses shall not occupy a front yard, shall be set back a minimum five feet from any side yard and three feet from any rear yard, and shall not occupy more than 25% of the rear yard requirements or a maximum of 750 square feet, whichever is smaller.

On any corner lot no garage or other accessory building shall be constructed closer to the rear property line than 10 feet or nearer the side property line on the secondary street than the average setback line observed by primary structures fronting on such street, except that such distance need not exceed 40 feet.

No accessory structure constructed for the purposes of a home occupation shall be closer to any side or rear property line than 25 feet.

A garage attached to any side of the dwelling and constructed as part of such dwelling shall be considered as a part of the dwelling and not as an accessory building and shall meet all bulk requirements for front, side, and rear yards, other setbacks and height of structure.

Accessory buildings and structures shall not exceed 10 feet in height.

A construction permit shall be required for the construction of all accessory buildings and structures including any which are already assembled or constructed.

Every accessory building and structure shall be installed on a permanent poured concrete foundation of sufficient area and depth to satisfy the Uniform Construction Code requirements at every point where such accessory building or structure shall come into contact with the surface of the ground.

Nothing in this chapter shall prevent the erection above the building height limit of a parapet wall or cornice extending above such height limit not more than four feet. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses, domes not used for human occupancy, not to chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above the roof level, except where in the opinion of the Zoning Board of Adjustment such may be deemed to interfere with aerial navigation or constitute a fire hazard. Such features, however, shall not exceed a reasonable height to be determined upon reference of all such cases to the Zoning Officer/Administrative Officer.

A temporary sales center where information including a "sales map" concerning the overall development is conveyed to prospective purchasers, where options are discussed, where contracts are executed, and where the normal marketing of the development takes place. A temporary sales center shall be located on a lot within a residential development approved for construction, and the temporary sales center shall meet the yard setback requirements otherwise specified for detached dwellings. Provisions for parking, lighting, signage, landscaping and the duration of the temporary sales center shall be approved by the Planning Board. An approved temporary sales center may receive a temporary certificate of occupancy.

A model home or homes of the type to be sold. A model home may be freestanding or combined with the sales center, with the garage portion of the model home used as the sales center, provided that the garage must be converted to its automobile storage function prior to the conveyance of the combined model home/sales center to a purchaser, and provided further that any temporary accommodation, such as landscaping or walkways, must be modified to resemble the other single-family properties within the development. An approved model home may receive a temporary certificate of occupancy provided that all bathroom facilities within that portion of a model home not approved to be used as a sales center shall not be functional and shall be labeled: "Display Only, Do Not Use."

The area of a porch, deck, or patio shall be included in computing the maximum impervious coverage.

Decks and porches shall be no higher than six feet above grade and shall be allowed only on the first floor.

A porch shall be finished with roofing and siding materials and colors that are compatible to the principal building.

A porch shall not be heated or air conditioned.

The maximum height of a porch shall be one story.

Porches shall be permitted only in front or rear yards, and decks and patios shall only be permitted within side and rear yards.

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum side yards more than 24 inches. Unroofed entrance porches or decks which do not rise above the height of the floor level of the ground floor may extend into any yard, provided the total area of all such porches which extend into such yards does not exceed 200 square feet.

Such uses shall be subject to site plan review and approval.

The use shall meet with the area and bulk requirements of the zone in which it is located.

The Planning Board may impose reasonable requirements on the use including, but not limited to, off-street parking, landscaping, screening and buffering, depending on the nature of the site and surrounding uses.

No storage of materials and trucks and no repair facilities or staging of repair crews shall be permitted, except within a completely enclosed building.

The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

Landscaping, including shrubs, trees, and lawns, shall be provided and properly maintained at all times.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

A swimming pool shall be a permitted accessory use and no swimming shall be permitted unless it complies with the requirements of this chapter.

A swimming pool and its water surface shall be counted in computing maximum impervious coverage.

No loudspeakers or amplifying devices shall be permitted which can be heard beyond the lot lines of the lot on which said pool is located.

Swimming pools shall be located on the same lot as the principal use.

A swimming pool and its water surface shall be set back a minimum of five feet from any side and rear property line.

A swimming pool shall be a permitted accessory use and no swimming pool shall be permitted unless it complies with the requirements of this article.

Said use shall be appropriately screened and fenced to minimize adverse impact on adjoining properties.

No existing or hereafter constructed swimming pool shall be located on a lot unless there is a residence on such lot.

No swimming pool shall be hereafter constructed, installed, relocated or reconstructed unless the pool itself and any apron, accessory building, structure and equipment are all located at least 10 feet from all property lines and at least 30 feet from the property line of any street bordering the property in question.

Swimming pools are prohibited in front and side yards.

All swimming pool equipment shall be stored in an enclosed structure or otherwise obscured from view by landscaping and/or fencing.

Swimming pool lighting within and around the pool decking shall be such as not to have an adverse impact on any neighboring properties.

Such courts shall be counted in computing maximum impervious coverage.

No loudspeakers or amplifying devices shall be permitted which can be heard beyond the lot lines of the lot on which said court are located.

Such courts shall be constructed without lighting except in City parks and on school sites.

Courts may use a hurricane-type fence around the court area. The maximum height shall be six feet along the property line and an additional one foot in height for every additional one-foot setback from the property line, not to exceed 10 feet.

Court drainage shall be reviewed and approved by the City Engineer.

Courts are prohibited in front and side yards.

Any storage of equipment used in the maintenance and operation of said courts shall be kept within an enclosed structure on the lot where said courts are located.

The courts shall be appropriately screened with landscaping and fenced so as not to adversely affect adjoining properties.

Travel trailers, campers, motor homes, boat trailers, ATV and motorcycle trailers may be parked or stored only in a rear or side yard area at least 10 feet from the property line. The area shall be relatively unexposed to neighboring properties and appropriately screened with landscaping and/or fencing. The dimensions of such vehicles and trailers shall not be counted in determining maximum impervious coverage.

No private recreational vehicles may be stored on public streets for a period exceeding seven days.

No private recreational vehicle shall be used for human habitation at any time it is stored on a public street or on a lot.

No person, firm or corporation shall break, cut or otherwise damage or disturb any existing curb in the right-of-way of any public street except in accordance with this article.

Such an existing curb may be broken in order to permit the construction of a driveway for access to property contiguous to such curb, but only in accordance with this article.

The Zoning Officer/Administrative Officer shall, upon written request of the owner or contractor fixing the location and size of the opening, authorize the City Clerk to issue a permit where the property in question contains a single-family detached dwelling.

In all other instances, permission therefore shall be obtained from the Zoning Board of Adjustment upon written application and notice to other property owners as required in the case of a variance. The standards to be used by the Zoning Board of Adjustment in granting or denying such permission or in attaching such conditions as the Board may deem appropriate shall be:

The refinishing of all curb cuts shall be done in a good and workmanlike manner.

No fence that is a solid fence shall be erected from the front of a house or building line forward. This includes fences erected along a public right-of-way or across a front yard.

All fences shall be constructed with the finished side out and the structural side toward the interior.

Fences which are painted shall be painted in only one color. Fences painted originally must be maintained.

Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Zoning Officer/Administrative Officer.

All fences must be erected within the property line.

A fence not more than six feet in height is permitted along the rear lot line and along the side lot line to the front building line. A fence not more than four feet tall is permitted along the side lot line from the front building line to the front lot line and along the front lot line.

Except where a taller fence is required by the provisions of §467-13 (junkyards), § 500-5 (open lots) and § 785-12 (storage yards), no fence hereinafter erected, altered or reconstructed shall exceed a height of six feet above ground level.

Fences and walls shall be required to compliment the structural style, color, and design of the principal building.

Fences and walls are more appropriately used adjacent to or attached to buildings as architectural extensions and careful consideration shall be given to coordination with the lines, materials, and color of any principal structure.

Plantings shall be considered as part of any fencing or wall plan.

The use of plant screens instead of fences is encouraged along property lines.

Sound attenuation walls shall not be used unless they are required by the Planning Board for mitigation of unacceptable noise levels and no other alternative is available. In determining the design of sound attenuation walls, the Board shall consider the sound source to locate the height and setback of proposed walls. Landscaping shall be included with the wall design.

Fences and walls shall be constructed of durable high quality materials and shall display a high level of quality in finish and detail. Walls with a lesser quality of finish and detail may be considered for approval if they are continuously screened by landscaping.

Gates in walls and fences between streets and open areas may be required by the Planning Board.

Two separate fences placed back-to-back along common property lines shall be discouraged.

All walls, fences, and hedges shall be maintained in a safe, sound, and upright condition by the property owner and all hedges shall be neatly maintained and trimmed in appearance, and kept at a height not greater than prescribed in this article.

Hedges shall be subject to the same provisions as regular fencing; provided, however, that they shall not be placed nearer than four feet to any sidewalk or any prospective sidewalk.

The height of walls and fences shall be measured from the average elevation of the finished grade along the base of the wall or fence to its highest point.

Retaining walls four feet tall and over must have a four-foot-tall fence installed on top for safety reasons or an equally acceptable design method shall be reviewed and approved by the Planning Board. The Planning Board shall review and approve all plans for retaining walls that are four feet tall or taller. All plans for retaining walls shall include landscaping to soften their visual impacts.

No fence, hedge, or wall of any type shall be erected or maintained if it is deemed a safety hazard in obstructing the view of motorists. Sight triangle areas shall be required at intersections and driveways entering streets, in addition to the specified right-of-way widths, in which no grading, planting, or structure shall be erected or maintained more than 30 inches above the street center line, except for utility poles, street signs, fire hydrants, and light standards.

All walls and fences shall be constructed and maintained in accordance with the following design standards:

The following fences and materials are strictly prohibited:

Permits and fees.

Exceptions.

A fence as so herein provided may be permitted to encroach on the City right-of-way no more than four feet or to the sidewalk, whichever is less, provided that proof on insurance liability is submitted to the Zoning Officer/Administrative Officer. The liability insurance shall not be canceled unless written approval from the Zoning Officer/Administrative Officer is obtained. Proof of insurance shall be submitted to the Zoning Officer/Administrative Officer each year after a permit is issued for fences that encroach on a City right-of-way.

The Zoning Officer/Administrative Officer shall have the power to enforce these regulations. If the Zoning Officer/Administrative Officer, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or portion of fence repaired or removed within 15 days of the date of such written notice.

Any fence to be erected, altered or reconstructed in an historic or conservation overlay district shall be referred to the Historic Preservation Commission for review before the Zoning Officer/Administrative Officer issues a fence permit. Such Historic Preservation Commission review shall be limited to those cases where the fence is visible from a public street or right-of-way, including alleys, alleyways or other public easements.

On a corner lot, there shall be deemed two front yards on abutting streets, one rear yard and one side yard.

Yard dimensions.

On a through lot, front yards are required along all street lines.

When a lot adjoins a cul-de-sac or abuts a curved street with a radius of less than 500 feet, the required lot frontage may be reduced to not less than 1/2 of the required minimum lot width, and the minimum lot width at the front yard line may be reduced to not less than 75% of the required lot width.

The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum requirements.

The net habitable floor area of any dwelling unit shall be not less than the least restrictive of the most current minimum floor areas as promulgated by:

The number of occupants of any dwelling unit shall not exceed the maximum permitted under the most current occupancy guidelines as established by the U.S. Department of Housing and Urban Development.

In any residential zone, there shall be not more than one principal structure on each lot. In any other zone, the placement of more than one principal structure shall be subject to Planning Board or Zoning Board of Adjustment approval of a site plan showing existing, proposed and all future development(s) on the site.

It shall be unlawful for any person to park or maintain a construction trailer in the City unless such person shall first obtain a permit therefor. Said permit shall be obtained by application, in writing, addressed to the Construction Official, which application shall state:

Any permit issued hereunder shall be valid for a period of six months, but may be renewed for an additional six-month period upon payment of additional fees for such renewal. Permission for subsequent renewals must be obtained by receiving a Use Variance from the Zoning Board of Adjustment.

Anything in this section to the contrary notwithstanding, it shall be unlawful to park or maintain a construction trailer at any site upon expiration of a permit or after the expiration of 30 days from the issuance of a certificate of occupancy of completion of the building or project in respect of which said construction trailer was utilized.

In his discretion, the Construction Official may remove the trailer for failure to comply with any of the provisions in this article. All costs incidental thereto, including towing charges, storage charges, and attorney fees, shall be the responsibility of the person so charged under this section.

A temporary construction trailer(s) shall have one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of the first construction permit and concluding with the issuance of the last certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.

Such use of the home shall not adversely affect adjacent property owners or interfere with their quiet enjoyment of their property by causing noxious, offensive or hazardous conditions by reason of vehicular traffic, generation or emission of noise, vibration, smoke, air pollution, dust, or other particulate matter, noxious odors, heat, humidity, water pollution, glare, radiation, electrical or magnetic interference or other objectionable impacts which are detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. This provision shall also include a prohibition on the transference of equipment, supplies, or similar materials on a routine basis from a storage building or area to vehicles, resulting in exterior evidence, either visual and/or audible, of the home occupation. The home occupation shall not be detectable outside the principal structure.

No hazardous material as defined by the New Jersey Department of Environmental Protection shall be kept on the premises exclusive of cleaning materials routinely found in residential units.

There shall be no exterior evidence of the home occupation or office except for a sign as permitted herein. In no event shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, or lighting. No separate entrance and/or exits shall be allowed in to the residence exclusively for a home occupation unless the entrance already exists.

No merchandise, products, equipment or similar material or objects shall be displayed, stored, or otherwise located outdoors.

Any motor vehicle registered for commercial use by the New Jersey Division of Motor Vehicles and defined as either a trailer, pole trailer, road tractor, semitrailer, or truck trailer shall not be kept on or near the premises or used for delivery and distribution of any kind in connection with a home occupation.

No goods, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with the use, other than deliveries normally made by the U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district.

The use shall not require any increased or enhanced electrical or water supply.

The quantity and type of solid waste disposal shall be the same as other residential uses in the zone district.

The capacity and quality of effluent shall be typical of normal residential use, and shall create no potential or actual detriment to the sanitary sewer system or its components.

More than one home occupation shall be allowed to operate in the residence as long as the combined impact of all of the occupations does not exceed any of the restrictions that would apply to a single home occupation.

The sale of goods or merchandise not produced on the premises shall not be construed to be a home occupation under the terms of this section.

No use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

Written approval shall be obtained by the applicant from either a homeowners' association, condominium association or other similar entity when a home occupation is proposed within a development that is so governed.

Home-occupation related vehicular trips and any delivery of materials to and from the residence shall only occur between the permitted business hours of 6:00 a.m. to 9:00 p.m., Monday through Saturday.

Occasional home occupation group gatherings such as recitals or demonstrations shall be allowed as long as they occur during permitted business hours and do not occur more than once per month.

No zoning permit or minor site plan approval shall be required for any home occupation where the following provisions apply:

A zoning permit shall be required for any home occupation where the following provisions apply:

Applications for home occupation permits proposing to hire no more than one non-household employee, or propose to utilize more than 400 square feet of the principal dwelling unit, or provide more than one off-street parking space for clients, patrons, customers or other persons shall by certified mail, return receipt requested, provide notice to all property owners within 200 feet of the lot upon which the home occupation is proposed to be located specifying that the applicant has applied for a home occupation permit, setting forth the substance of the application, and stating that the Zoning Officer/Administrative Officer shall decide the application 30 days from the date of the public notice unless the Zoning Officer/Administrative Officer receives written objections thereto. If the Zoning Officer/Administrative Officer receives written objections, he shall grant or deny the application, with or without conditions, or may decide to refer the application to the Planning Board for site plan review subject to the following provisions:

Any home occupation conducted in or from a dwelling unit which does not meet the specific requirements hereinabove is not a "home occupation" for the purposes of this section. Moreover, any home occupation which requires the outside storing or parking of equipment, vehicles other than those permitted hereinabove, or the outside storing of other material associated with the home occupation (i.e., landscape businesses where plant material is grown or stored on the residential property, construction businesses where any commercial vehicles or more than two passenger automobiles associated with the home occupation are parked on-site at any time, or any similar businesses or activities) shall not be considered a "home occupation."

Such use shall be subject to securing a zoning permit.

No change shall be permitted to the exterior of the home for the purpose of accommodating day-care use. However, the exterior of any new residential structure used as a home-based care center shall be architecturally designed as a residential unit compatible with the types of existing units or those yet to be located in the neighborhood.

The provider shall ensure that adequate indoor floor space is available for children's activity. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, basements or attics shall not be included in this analysis.

An adequate and safe outdoor play area shall be available either adjacent to or within walking distance of the house. The play area shall be well drained, completely fenced and not include driveways, parking areas or land otherwise unsuitable for outdoor play areas.

Outdoor areas located near or adjacent to hazardous conditions determined by the Planning Board to be unsafe (including, but not limited to, streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high voltage lines or propane gas tanks) shall be fenced or otherwise protected by a natural or man-made barrier or enclosure.

No outdoor play area shall be located in the front yard.

Family day-care homes must restrict their hours of operation to between 6:30 a.m. to 9:00 p.m. No outdoor play areas shall be used before 9:00 a.m. or after 8:00 p.m. There shall be no overnight care.

Any site lighting shall not reflect over the property line of the premises.

No signage shall be permitted for family day-care homes other than one unlighted name plate of not more than one square foot attached to the home.

There shall be no detrimental impacts to the use or peaceful enjoyment of the surrounding properties or neighborhood.

The home in which the use is located shall be the principal residence of the applicant.

No commercial vehicle shall be kept on the premises in connection with a family day-care home occupation.

No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a family day-care home except in passenger automobiles owned by the resident and kept on the premises.

Family day-care use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

There shall be no nuisance element detectable beyond the principal structure in connection with the family day-care home.

Family day-care shall be licensed by the State of New Jersey.

Such use shall be subject to site plan review and approval.

The use shall meet the area and bulk requirements of the zone in which it is located.

The applicant shall provide substantial evidence that there is a definite need for the child-care center in the requested location and that the proposed child-care center will have no adverse impact on surrounding properties.

The child-care center shall have easy and direct access, and the entrance and exits shall be located away from areas of heavy vehicular and pedestrian traffic with limited contact with commercial and/or office uses.

A child-care center shall be permitted to operate 24 hours a day, but shall be restricted from operating more than 16 hours within the twenty-four-hour period, depending upon whether the center operates during normal waking hours or during normal sleeping hours, respectively.

The child-care center shall not create any objectionable traffic conditions.

Parking areas, pedestrian walkways or other exterior portions of the premises subject to use by child-care center occupants at night shall be illuminated to provide safe entrance to and egress from the center.

An outdoor play area shall be on the same lot as the child-care center. The area shall be graded, well drained, completely fenced and not include driveways, parking areas or land and uses otherwise unsuitable.

No part of any outdoor play area may be situated in the front yard.

Storage facilities for movable outdoor play equipment shall be provided and such equipment shall be stored in these facilities when not in use. In addition, outdoor play equipment shall be designed to accommodate disabled children.

All outdoor play areas shall be screened from adjacent properties by a fence or wall at least six feet in height and screen plantings within a fifteen-foot setback area along all property lines. Outdoor areas located near or adjacent to hazardous areas determined by the Planning Board to be unsafe (including, but not limited to, streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high voltage lines or propane gas tanks) shall be fenced or otherwise protected by a natural or man-made barrier or enclosure.

The child-care center may be identified only by signage which is consistent with the overall sign design theme of the particular development project in which the center is located.

The site shall be free from any hazards to the health, safety or well-being of the children.

The child-care center, including any outdoor play space provided, shall be so located and designed that there shall be no objectionable impacts on adjacent or nearby properties due to noise, activity, visual or other objectionable conditions. The Board may require such special treatment in the way of design, screening or buildings, planting and parking areas, signs or other requirements as it shall deem necessary to protect adjacent and nearby properties.

Child-care centers shall be licensed by the State of New Jersey.

Such use shall be subject to site plan review and approval.

The use shall comply with the area and bulk requirements of the zone in which it is located.

The following design requirements shall be incorporated within the submitted site plan:

All community residences shall have 3/4 parking spaces for each resident thereof. The Planning Board shall give due consideration to provisions for visitation and the number of resident staff in order to ensure that there are ample parking facilities. Therefore, the Planning Board may, at its discretion, require more parking spaces than 3/4 spaces per resident, or may, if the evidence so warrants, waive strict adherence to this standard. Moreover, a sufficient off-street area shall be provided for the pick-up and discharge of residents by vans or other vehicles servicing the facility.

The Planning Board may deny approval to any proposed community residence which would be located within 500 feet of an existing community residence; provided further, however, that the Planning Board may deny the issuance of any additional such permits if the number of persons, other than resident staff, within all such residences in the City exceeds 700 persons, or 1% of the population of the City, whichever is greater.

Community residences shall be licensed by the State of New Jersey.

Such use shall be subject to site plan review and approval.

The use shall meet the area and bulk requirements of the zone in which it is located.

The bed-and-breakfast use shall be subordinate to the principal owner-occupied residential use.

The property owner shall occupy and manage the bed-and-breakfast facility.

The proposed number of rooms for a bed-and-breakfast shall be compatible with the surrounding area and must be reasonable with respect to the size of the structure and the size of the lot on which the structure is located.

There shall be no substantial modifications to the exterior appearance of the structure. The addition of fire escapes, handicap ramps, doorways, etc. may be permitted in order to meet building code requirements and shall be in keeping with the exterior architectural detailing of the structure. Alterations that return the structure to its original architectural appearance are encouraged.

There shall be no exterior advertising except a nonilluminated or indirectly illuminated identification sign not exceeding two square feet in area. If this sign is a pole or ground sign it shall not exceed six feet in height.

Nonresident employees shall be limited to two in addition to the resident members of the family.

There shall be no separate kitchen or cooking facilities in any guest room.

There shall be no restaurant facilities on the premises open to the general public.

The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the resident family and its guests and to the guests of the establishment. Buffering may be required for outdoor amenities.

No long-term rental shall be permitted. The maximum stay for a guest shall not exceed 14 consecutive nights.

There shall be no meetings, receptions, or private parties on the premises associated with the bed-and-breakfast use on the property.

There shall be one off-street parking space per guest bedroom provided on the premises as well as one off-street parking space per permitted nonresidential employee, in addition to other off-street parking spaces required by this chapter for the resident members of the family. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and adjacent properties by fencing and/or natural vegetation subject to the approval of the Planning Board. The size and location of proposed parking areas shall not have an adverse impact on adjacent properties or the surrounding neighborhood.

Such use shall be subject to site plan review and approval.

The use shall meet the area and bulk requirements of the zone in which it is located.

No part of any service station may be used for residential or sleeping purposes.

No structure used as a service station, nor filling pumps, car lifts, greasing equipment or other service equipment used to service or supply motor vehicles, shall be erected within 150 feet of any residential zone boundary.

All lifts, appliances, pits, storage areas, trash facilities and greasing equipment other than gasoline filling pumps or air pumps shall be located within an enclosed building.

No gasoline, air or oil pump, and on other service appliances installed for use in connection with any service station, shall be so installed or located within 35 feet of any side or rear lot line.

No junked motor vehicle or boat or part thereof or any unlicensed or unregistered motor vehicle shall be permitted on the premises of any service station. However, any motor vehicle awaiting repair may be located on the premises, provided that the vehicle shall be located in the rear of side yard and shall be screened from view with landscaping and a fence such that no stored vehicle shall be visible from the front of the premises or from any adjacent premise or from the road providing access to the facility. Fences, berms or landscaping forming a 100% visually impervious screen shall be required.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale purposes shall not be permitted as part of a service station.

No parking of vehicles shall be permitted on an unpaved area.

Landscaping shall be provided in the front, side and rear yard area. The front yard shall be landscaped, within the area with a minimum depth of 25 feet from the right-of-way.

The application submitted for approval of a service station shall show, in addition to the exact location and dimensions of all above ground structures, including gasoline pumps, the exact locations, dimensions, capacities and depths below the surface of any tanks to be installed and the specifications for the construction of tanks for the prevention of groundwater contamination.

Where other development is to include a service station as an accessory use, such service station shall be developed in a manner compatible with the development of the remainder of the tract and any adjacent properties. The land to be devoted to such service station shall be retained under single ownership with the remainder of the tract, and a means of access shall be provided to the service station from within the tract. The Planning Board shall find that sufficient buffering is provided and that the design and orientation of buildings, signs and lighting are compatible with adjoining properties and with the remainder of the property.

Such use shall be subject to site plan review and approval.

The use shall meet the area and bulk requirements of the zone in which it is located.

All activities shall be conducted within a totally enclosed building.

This use shall not include a self-service or coin-operated car wash area in any form.

Such use shall be subject to site plan review and approval.

The site shall be extensively landscaped at entrance gates.

No cyclone fence or chain link fences shall be used.

Such use shall be subject to site plan review and approval.

The use shall meet the area and bulk requirements of the zone in which it is located.

The applicant shall submit a list of proposed activities, anticipated participants and a timetable reflecting the hours in which each building will be in use so that minimum parking requirements can be determined.

Regardless of the size of the place of worship, a parish house, rectory, or similar structure shall have sufficient parking for the intended use and parking shall be screened from view from adjacent properties.

Residences for clergy shall be permitted on the same lot as the place of worship and shall meet all bulk requirements of the zone where located.

A parabolic dish antenna shall function only as a receiving station and not as a transmitting station, except subject to the following requirements; an antenna used by an amateur radio operator licensed by the Federal Communication Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location.

Each parabolic dish antenna must be accessory to a permitted principal structure located on the same lot as the principal use for which it is accessory.

A parabolic dish antenna shall be ground-mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a principal permitted structure in the zoning district in which the lot is located; except that, in cases where the applicant can demonstrate that locating the dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the dish antenna, the Planning Board may approve an alternate location as listed herein below in order of municipal preference, based upon the testimony offered by the applicant.

The materials used in the construction of a parabolic dish antenna shall not be unnecessarily bright, shiny, garish or reflective. They must be properly colored so as to conform to the principal use and surrounding area, including the color of the roof if roof-mounted.

The antenna shall be erected on a secure ground-mounted foundation. No advertisement shall be permitted on an antenna.

Each antenna shall be a freestanding structure.

A parabolic dish antenna may be installed in the rear yard area of any lot, and the proposed location of an antenna shall conform to the rear yard and side yard setback requirements for a principal permitted structure in the zone in which the lot is located. Moreover, no antenna shall extend higher than 15 feet above ground level.

A parabolic dish antenna shall not exceed 12 feet in diameter and shall be effectively screened with nondeciduous plantings and, to the greatest extent possible, shall blend with the immediately surrounding area. Unless impracticable, all antennas shall be of the aluminum mesh type.

No lot shall have more than one antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.

Portable antennas are prohibited.

Parabolic dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.

Applications for installation and/or construction of antennas shall be subject to site plan review and approval from the Planning Board in accordance with applicable requirements of this chapter.

All new telecommunications towers or antennas in the City shall be subject to these regulations, except for communications facilities in the public right-of-way, which are subject to regulation under City Code Chapters 600 and 601.

Preexisting telecommunications towers and/or antennas shall not be required to meet the requirements of this section other than the requirements of Sections 210 and 211. However, where any enlargement of a tower and/or additional antennas are proposed, the requirements of Article XXXI shall apply as feasible and practical as determined by the Zoning Board of Adjustment and/or the Planning Board.

The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.

Towers and antennas located on property owned, leased or otherwise controlled by the City shall be encouraged where:

This section shall not govern any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is under 50 feet in height and is used exclusively for receive-only antennas.

This section shall not govern parabolic dish antennas measuring two feet or less in diameter or when used solely for household purposes for the transmission or reception of electromagnetic waves associated with satellites.

Notwithstanding any other land use regulation, an existing building(s) and use on a lot shall not preclude the installation of a telecommunications tower (including appurtenant structures) and/or antenna on the same lot. If such tower and/or antenna constitute the sole use of the lot, then such use shall be deemed the principal use of the lot; otherwise, the use shall be considered accessory.

For purposes of determining whether the installation of a tower or antenna complies with zone regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is established by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations, where mandated to do so, shall constitute grounds for the removal of the tower or antenna at the owner's expense.

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained inapplicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

The City mandates that carriers co-locate antennas on towers and other structures whenever possible. See Subsection S for co-location requirements.

Site plan approval shall be required for all new telecommunications facilities in the City including modifications to or addition of new telecommunications facilities to existing towers, buildings or other structures.

Wireless telecommunications facilities are permitted in the following areas of the City:

Wireless telecommunications facilities are prohibited on all lands used for public and private schools.

Wireless telecommunications facilities may be permitted on lands identified in Subsection N provided that:

In addition to the above standards, the Planning Board may consider the following factors in its review of a site plan for a proposed telecommunications tower:

The following site design standards shall apply to wireless telecommunications facilities:

Co-location.

Location priorities. Special consideration shall be given to wireless telecommunications facilities located in accordance with the following prioritized locations:

Site plan submission requirements. In addition to the site plan submission requirements in this chapter, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:

Monitoring and maintenance.

Abandonment or discontinuation of use.

Such use shall be subject to site plan review and approval.

The use shall meet the area and bulk requirements of the zone in which it is located.

No auto body or vehicle painting shall be permitted.

No more than five parking spaces for outside storage of vehicles shall be permitted.

All lubrication, repair, or similar activities shall be performed in a fully enclosed building. No exterior display or storage of parts shall be permitted.

No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage, except as noted herein. No more than 10 vehicles awaiting repair or disposition at the repair garage shall be permitted on the premises for a period not exceeding seven days, except that up to five inoperable vehicles in an enclosed building may be permitted.

No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.

Such use shall be subject to site plan review and approval.

The golf course shall be designed with due consideration for safety of the public on adjacent lots, adjacent roadways and other golfers.

Sufficient horizontal separation shall be maintained between the golf course and accessory structures, buildings and uses and adjacent off-site uses as follows:

Planned developments, where permitted by the Planning Board, must comply with the conditions and standards set forth in this section, notwithstanding other applicable regulations of this chapter or additional conditions for the particular planned development.

Prior to approval of any planned development, the Planning Board shall find, as required by N.J.S.A. 40:55D-45, the following facts and conclusions:

Any developer of a parcel of land for which the developer is seeking approval of a planned development shall submit a general development plan to the Planning Board prior to the granting of preliminary subdivision approval or preliminary site plan approval.

Except for required reports and other written documentation, the general development plan shall be submitted in plat form at a scale of one inch equals 100 feet. Each submission shall be on a sheet sized 24 inches by 36 inches. If one sheet is not sufficient to contain the entire tract, it may be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.

A general development plan shall include the following:

The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of the Municipal Land Use Law[1] or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval.

In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for nonresidential space within the City and the region, and the availability and capacity of public facilities to accommodate the proposed development.

The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the square footage of the development in any section of the planned development.

Once a general development plan has been approved, it may be amended or revised only upon application to the Planning Board.

Applicants for development approval with respect to plans of development that contain open space or common open space, shall propose, in the development application, a proposal for the ownership and maintenance of such open space.

The Planning Board shall determine whether the proposal of ownership and maintenance thereof is adequate and reasonable. The Board may require that the plan of development be amended so that the amount, location, and purpose of any open space better promotes the interests of the future residents and/or users of the development. In determining whether to permit the use of an open space organization, in the first instance, and the amount, location and purpose of any open space or common open space, the Board shall consider the following:

In cases where the Board and the applicant agree that some or all of the open space shown on the approved plan be dedicated to the City of Camden, any such approval shall be conditioned upon the applicant and the City Council entering into a developer's agreement providing for the terms and conditions of such dedication and acceptance thereof.

All proposed common open space organization documents, such as the declaration of covenants, restrictions and easements, by-laws, certificate of incorporation, master deed and operating agreement, shall be reviewed and approved by the Planning Board Attorney and Planning Director as a condition of approval. Such documents shall provide that any common open space, including all improvements thereon, be inspected and improved by the City Engineer prior to the dedication thereof by the sponsor to the open space organization. The Board may require the special reserves be established with respect to long-term maintenance of special features such as water features or other common open space or common elements which may require periodic maintenance because of their nature and purpose. Special maintenance programs and procedures may be required to be established for such maintenance which procedures may be required to be in the form of a mandatory maintenance program, attached to and a part of the declaration of organization.

The mechanics of operation, turnover of control and financial accountability of the open space organization as the same transitions from sponsor to lot or unit owners shall comply with the regulations of the Department of Community Affairs pursuant to the "Planned Real Estate Full Disclosure Act."[1]Special disclosure statements may be required by the Board, in accordance with any approving resolution, and the applicant shall comply with the requirements of such disclosure requirement including approval thereof by the Board Attorney and the method of communicating the same to contract purchasers.

Common open space facilities shall be constructed, improved and dedicated in accordance with a comprehensive phasing plan set forth in the approving resolution, the developer's agreement or both.

The provisions of N.J.S.A. 40:55D-43(b) and (c) shall apply to open space organizations in the City of Camden.

Sidewalk cafes are a permitted accessory use only to those restaurants in the commercial zones, subject to the following conditions: