Cedar Grove City Zoning Code
ARTICLE IV
General Regulations
§ 268-6 Compliance required.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the permitted uses listed in this chapter for each zoning district; nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking and other such requirements of this chapter pertinent to the property in question. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of provisions of this chapter; and the certificate of occupancy for such building shall become null and void.
§ 268-6.1 Frontage on public streets required.
Every principal building shall be built upon a lot which has frontage upon a public street.
§ 268-6.2 Special provisions for corner lots.
When a corner lot is created by a subdivision the required lot width for such a corner lot shall be the width of the lot as required by the Schedule of Requirements for the zone in which said lot is located, plus an additional width and area equal to at least 10% of said required lot width and area. The front yard on a corner lot shall be one of the yards between the principal structure and the street line. The rear yard shall be the yard opposite the front yard. The side yard between the principal structure and the street line shall be regulated in all respects as if it were a front yard, and the remaining yard shall be treated as a side yard.
§ 268-6.3 Special provisions for infill development and redevelopment.
In cases of infill development or redevelopment in any one-family residential zoning district, where a prevailing front yard setback exceeding the minimum requirement has been established by other existing homes fronting on the same side of the same street, and where such development or redevelopment affects property situated adjacent to or between such existing homes, the prevailing front yard setback shall be the minimum applicable to new home construction, as well. If application of the prevailing front yard setback to the proposed new construction would result in a deviation from any other aspect of the Schedule of Requirements table, or would reduce a building footprint so as to preclude construction of a home having proportionate width/depth dimensions or having the maximum allowable principal building coverage for the zoning district in which the property is located, or would be physically impossible due to the dimensions, location, or other characteristics of the lot on which it would be located, the applicable front yard setback minimum shall be reduced from the prevailing setback dimension to the maximum dimension at which such deviations and/or practical difficulties will be averted, but in no case to a dimension less than that set forth by the Schedule of Requirements table.
§ 268-6.4 Formation of lots from existing lots containing buildings.
Where a lot is formed from part of a lot already occupied by a building, such shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open spaces in connection therewith. No permit shall be issued for the erection of a new building on the new lot thus created unless it complies with all the provisions of this chapter.
§ 268-6.5 Architectural design standards.
Buildings with expansive blank walls are prohibited. Bare concrete block, or painted concrete block as the predominant finish of a facade is prohibited. Expansive facades are to be broken up with vertical or horizontal elements of different textures or colors. In the case of development projects consisting of more than one building, all such buildings and other structures whether principal or accessory, shall be designed with a unified architectural theme that is visually compatible with the surrounding area. Said design shall consider such elements as building materials and colors, facade treatments, rooflines, light fixtures, and site amenities such as street furniture. Multifamily residential structures shall have pitched roofs as an integral component of their design. Any development project entailing construction of more than four principal buildings (inclusive of subdivisions for detached single-family dwelling units) shall be designed to provide architectural variation in the configuration and appearance of such structures. It is the intent of this provision to encourage a unified architectural design scheme with compatibility of adjacent structures, but to prohibit monotonous repetition of identical buildings.
§ 268-7 Lighting and glare.
Exterior lighting shall be provided to adequately illuminate all pedestrian, parking, and vehicular surfaces for purposes of safety and security. The following standards shall apply:
A.
Unless specifically otherwise provided, light intensity at pavement level shall be a minimum of 0.5 footcandle and a maximum of five footcandles. Light intensity at a property line shall not exceed 0.2 footcandle.
B.
All fixtures shall be fully shielded to reflect light downward and to reduce light spillage to unintended areas, whether on-site or an adjoining property, and to prevent skyglow. Wall-mounted flood- or spotlights shall be aimed no higher than 45º from vertical.
C.
Light fixtures and poles shall be of a consistent architectural style throughout a project site and shall complement the style of the building(s) situated thereon.
D.
Light fixtures shall be mounted at the lowest appropriate height for the intended use, but in no case shall exceed a height of 20 feet.
E.
Walkway lighting shall be provided via low or mushroom-type standards whenever separate fixtures are required apart from those used on building exteriors, in parking lots, or along driveways.
§ 268-8 Prohibited buildings, structures, and uses.
The following buildings, structures, and uses are prohibited:
A.
Uses not specifically permitted. Uses not expressly permitted by this chapter are prohibited.
B.
More than one principal use or building. There shall be only one principal use and one principal building permitted on each lot, except as specifically provided in this chapter. Each numbered principal use appearing on the list of principal permitted uses shall be considered a separate and distinct principal use.
C.
Mixed uses. No residential use shall be permitted on the same lot with a nonresidential use except as specifically provided in this chapter.
D.
Heliports and helistops. Nothing in this chapter shall be construed to permit the establishment or maintenance of a heliport or helistop as a principal or accessory use in any zone district in the Township.
[Amended 4-21-2003 by Ord. No. 03-589]
E.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.
[Added 6-21-2021 by Ord. No. 21-870]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 268-9 Nonconforming buildings, structures and uses.
The following provisions shall apply to nonconforming buildings, structures and uses in any zone district of the Township.
§ 268-9.1 Continuance permitted; conditions.
Except as otherwise provided in this article or permitted by judicial interpretation of N.J.S.A. 40:55D-68, the lawful use of land or structures existing at the date of the adoption of this chapter may be continued upon the land or within the structure so occupied, although such use or structure does not conform to the regulations specified by this chapter for the zone in which such land or structure is located; provided, however, that no such nonconforming use or structure shall be enlarged or extended to occupy a greater area of land or structure than that occupied by such use or structure at the date of the adoption of this chapter. Nor shall the use be expanded or increased in intensity if the result of such expansion or increase in intensity impacts the quality or character of the neighborhood in which such use is located.
§ 268-9.2 Restoration.
If any lawfully existing nonconforming structure shall be partially destroyed by reason of windstorm, fire, explosion, act of God or a public enemy or any cause whatsoever, such structure may be restored or repaired, within one year from the date of partial destruction, as a nonconforming structure. After the period of one year, it may be restored or repaired, but only in conformity with the provisions of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of the structure declared unsafe by the Construction Official. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
§ 268-9.3 Abandonment.
In the event that a nonconforming use of land or structure shall be abandoned, the same shall not again be used for a nonconforming use or purpose.
§ 268-10 Accessory buildings, structures, and uses.
A.
Any accessory building having a common wall, roof, or foundation with the principal building shall be considered part of the principal building and shall adhere in all respects to the requirements of this chapter applicable to the principal building.
B.
Except as specifically provided in this chapter, an accessory structure constructed more than six inches above the ground at any point which is attached to the principal building, shall comply in all respects to the requirements of this chapter applicable to the principal building.
C.
Except as otherwise provided in this chapter, no accessory building or accessory structure shall exceed 15 feet in height.
D.
There shall be a minimum of 10 feet between an accessory building and any other building(s) on the same lot. No accessory buildings are permitted in the front yard.
E.
Except as specifically provided in this chapter, and with the specific exception of a sidewalk which crosses a property line to intersect with the adjacent public right-of-way line, no accessory structure shall be located closer than five feet to any property line.
F.
Accessory buildings shall be set back from property lines in accordance with the minimum distances set forth in the Schedule of Requirements table that accompanies this chapter.
§ 268-10.1 Fences and walls.
A.
Fences and walls may be located in any front, side, and/or rear yard of any property in any district in the Township.
B.
With the exception of fences and walls erected for screening of outdoor storage or refuse disposal units, fences and walls, whether attached to the principal building or not, are exempt from setback requirements as otherwise stipulated for accessory structures.
C.
Except as specifically provided otherwise in this chapter, any fence, wall, or combination fence/wall built within the front yard shall not exceed four feet in height, and any fence, wall, or combination thereof built upon the remainder of any lot shall not exceed six feet in height. These limitations shall not apply to retaining walls and shall be subject to change at the discretion of the municipal agency in any matter requiring site plan review.
D.
Walls erected for structural purposes of retaining soil pertinent to an approved lot grading plan, shall not exceed eight feet in height, as measured from the lowest finished grade at any point to the topmost portion of the structure at that point.
E.
All fences shall be constructed with the finished side facing out and away from the property on which the fence is located.
F.
No fence or wall shall be erected which will encroach upon a public right-of-way or sight triangle easement established pursuant to this chapter.
§ 268-10.2 Private swimming pools in residential zones.
The establishment or construction of a private swimming pool in the Township of Cedar Grove shall be in conformance with Chapter 237, and the following conditions:
A.
The pool and all appurtenances including perimeter walkways, patios, decks, filters and any other mechanical equipment shall be located in the rear or side yard and shall be a minimum of 15 feet from all property lines, but not less than the required accessory building setback distance. All appurtenances shall be located within the required fencing, which fencing shall be designed and installed in compliance with all applicable provisions of the Building Code.
B.
Grading plans shall be submitted for review by the Engineering Department where any changes to the existing topography are required in conjunction with the construction of a pool which is proposed to be below ground.
C.
That portion of a swimming pool which is specifically designed for water retention shall not be included in any calculation of lot coverage. This provision shall not apply to swimming pool appurtenances such as perimeter walkways, patios, decks, or equipment platforms.
§ 268-10.3 Private tennis courts.
Private tennis courts shall be subject to the following provisions:
B.
Any fencing, including any barrier restricting play around the tennis court, shall be no more than 10 feet in height measured at its highest point, and shall be a transparent structure.
C.
The installation or use of artificial lighting for the purpose of illuminating the tennis court for play during nondaylight hours is prohibited.
D.
Drainage from the court shall be disposed of by discharge directly to the Township's storm sewer system or managed on site in a manner acceptable to the Township Engineer.
§ 268-10.4 Awnings.
No awning or canopy, hereinafter referred to as awnings, shall be erected or installed in any office, business, commercial, or office/warehouse zone, or in connection with any such use, except in accordance with the standards herein. The installation of an awning which conforms to these standards shall be exempt from the requirement for site plan approval and may be approved by issuance of a zoning permit. Any awning requiring a variance shall be required to obtain minor site plan approval.
A.
Extension and height of fixed awnings. Fixed awnings shall not extend from the building to which they are attached by more than 48 inches, nor be greater than six feet in height from the lowest to highest point, including any fringe or other attachment.
B.
Extension of drop awnings. Drop or retractable awnings shall not extend from the building to which they are attached by more than five feet.
C.
Setback. An awning shall be permitted to protrude into the required front yard area of the building and to extend into the right-of-way, so long as it complies in all other respects with the requirements of this section.
D.
Minimum elevation. The lower edge of any awning, including any fringe or attachment, shall be no closer to the ground or sidewalk than six feet nine inches, and no part of the iron or other supporting framework shall be closer than seven feet to the ground or sidewalk.
E.
Signs. The following provisions shall apply to placement of signs on an awning:
(1)
Letters, numbers, and symbols on any awning shall be limited to the name of the establishment, street number, and/or logo.
(2)
In the event there are multiple occupants covered by a single awning, the portion of the awning covering each occupancy with a separately defined space under the awning shall be treated as a separate awning for purposes of placement of letters, numbers and symbols.
(3)
On buildings on corner lots, an awning that meets all other requirements of this article may wrap around the corner of the building facing on the intersecting streets, but for purposes of placement of letters, numbers, or symbols, the awning on each facade shall be treated as a separate awning.
F.
Colors. Awnings may be a solid color or striped. An awning may contain letters, numbers, and/or symbols as set forth above, provided no more than two colors shall appear on the awning. A striped awning may contain various shades of the two permitted colors, but in such event shall not include letter and/or symbols displaying the name of the establishment, but may display the street number in numerical form.
G.
Location. Awnings may be located on buildings immediately above doors and windows, and may extend on walls for a distance of two feet beyond such doors and windows. Awnings shall not be permitted in any other location.
H.
Lighting. There shall be no internal or back lighting of any awning. Any lighting under the canopy shall be cast downward toward the building facade and/or sidewalk. All lighting shall be shielded so as not to reflect up or out from behind or through the awning.
§ 268-10.5 Outdoor display of merchandise.
Outdoor display of products and merchandise for retail sale is a permitted accessory use to retail stores and shops in the B, and RC Zones, subject to the following restrictions:
A.
Products and merchandise shall include only such items as are regularly offered for sale by the retailer on the same premises therewith.
B.
The maximum area of the site which may be devoted to outdoor display shall not exceed 10% of the interior retail floor area, or 1,000 square feet, whichever is the lesser.
C.
Outdoor display shall be permitted during business hours, only; products, materials, and display racks or other equipment shall be removed at the close of business each day.
D.
Any area devoted to outdoor display of merchandise shall be set back a minimum of 25 feet from any property line adjacent to a residential zone.
E.
No outdoor display shall be located within any public right-of-way or so situated as to interfere with a required site triangle area. All display materials, equipment, and appurtenances must be located and securely placed so as not to impede the safe flow of pedestrian and/or vehicular traffic.
§ 268-10.6 Outdoor storage.
All outdoor storage of materials permitted by this chapter shall be screened by either a wall or fence, together with plant material located on the outside of the wall or fence so that said storage is not visible from any adjacent property or public street. Any such wall or fence shall not be closer than five feet from any property line. Anything contained herein to the contrary notwithstanding, outdoor storage of any hazardous, toxic or corrosive substances as defined in regulations promulgated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection is prohibited.
§ 268-10.7 Refuse disposal units.
Outdoor refuse disposal units ("dumpsters") on sites devoted to nonresidential or multifamily residential uses shall be completely screened from public view by means of a fence or wall enclosure having a maximum height of seven feet and shall be landscaped as required by the Board. Such enclosures are prohibited from the required front yard area and shall be located a minimum of five feet from any side or rear yard property line.[1]
§ 268-10.8 Mechanical equipment.
Service equipment, such as air-conditioning equipment, elevator bulkheads, heating equipment and the like, whether located on the rooftop or on the ground, located on sites devoted to nonresidential or multifamily buildings shall be so situated and screened that it shall not be visible from a point six feet above ground level at the property line or the center line of any street. Screening of rooftop structures shall be of the same material as the front facade of the building, unless some other screening material is permitted by the Board.
§ 268-10.9 Home occupations.
[Amended 11-2-2015 by Ord. No. 15-787]
Home occupations shall be compatible with the underlying residential use of the properties and the neighborhoods in which they are located. No home occupation shall impair the residential character of the dwelling or neighborhood in which it is located. The allowable space for the home professional office shall be such of a resident professional person such as a physician, dentist, lawyer, minister, architect, optometrist, professional engineer, chiropractor, conducting the licensed professional practice of their occupations. Each application will be reviewed by the Township. Home occupations shall be permitted as an accessory use in all one-family residential zones in accordance with the following standards:
A.
The home occupation shall be clearly subordinate to the residential use.
B.
The home occupation shall be conducted by the owner or tenant residing on the premises.
C.
No employees other than residents are permitted.
D.
The home occupation shall be conducted completely within the interior spaces of a residential building and shall occupy no more than 25% of the total livable floor area.
E.
No outdoor storage is allowed.
F.
There shall be no more than five client/customer visits to the property per week and such visitation shall take place only between the hours of 8:00 a.m. and 6:00 p.m.
G.
No retail sales of merchandise held for resale and no rentals are permitted on the premises. Automotive or vehicular repair of any kind is specifically forbidden as a home occupation.
H.
Site plan approval is not required. However, a plan, to scale, shall be submitted with the application showing the area dedicated for the home professional use within the residential dwelling space.
I.
Home occupations shall not cause any off-site noise, odors, radiation, glare, radio or television interference, or other similar negative impacts.
J.
No toxic or hazardous materials that would constitute a danger to the environment or neighboring properties shall be stored on the premises. This provision shall not apply to the storage or use of chemicals or other materials customarily retained for household use.
K.
Home occupations shall be allowed no more than two nonpassenger car deliveries per day, excluding United States mail delivery. Such deliveries shall be provided by means of vehicles no larger than a step-van.
L.
No signs shall be permitted.
M.
No additional parking, other than that required for the residential use, shall be permitted.
N.
Any alteration to the dwelling for the home occupation shall maintain the residential character and appearance of the building.
§ 268-11 Steep slopes and crest lines.
No permit shall be issued in connection with the development of a property determined to contain steep slope areas and/or crest lines except in accordance with the requirements of this section. It is the intent of these provisions to protect the character and integrity of the mountainous portions of the Township, to minimize the disturbance of steep slope areas in order to curtail erosion, siltation, surface water runoff, and soil slippage, to respect the natural terrain of the area and its links with and impacts upon adjoining municipalities, and to protect the unique and predominant views that such areas both afford and are a part of.
§ 268-11.1 Steep slope requirements.
A.
The schedule of regulations entitled "Schedule of Steep Slope Requirements, Cedar Grove Township Zoning Ordinance" and attached hereto, applying to the land buildings, yards, and other open spaces to be provided for steep slope properties in the R-18, R-30, and R-40 zones, is hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: The Schedule of Steep Slope Requirements is included as an attachment to this chapter.
B.
Whenever a lot is proposed to be created or an existing lot is proposed to be developed or constructed upon which contains steep slopes, the Schedule of Steep Slope Requirements shall apply and supersede the requirements contained in the Schedule of Requirements of the Code of the Township of Cedar Grove wherever the schedules are inconsistent with one another.
§ 268-11.2 Crest line requirements.
A lot or lots upon which is located a crest line, as defined in this chapter, shall be subject to the following provisions:
A.
In connection with each application for development or at the time of issuance of a building permit, if no crest line has been established pursuant to this section, a crest line, as defined in this chapter, shall be established on each lot included in a development application or upon which construction is proposed. The applicant shall establish the proposed crest line on a map or plan sufficient for review by the agency from which approval is sought. The agency to which an application for development or application for a building permit is made shall establish the crest line, subsequent to review and report by the Township Engineer in connection with the applicant's plan.
B.
Along the crest line, and within a distance of 30 feet of the crest line, there shall be no structures; no fill, excavation or other alteration of the natural grade; and no cutting, removal, damage or destruction of living trees over six inches in diameter, measured at two feet above the ground.
C.
No building which exceeds 1 1/2 stories above grade or 24 feet in height, and no portion of any such building, shall be constructed within 60 feet of a crest line.
D.
In connection with any development application or any application for a building permit to which this section applies, the developer or applicant for a building permit shall submit a plan which identifies the location of each tree protected by Subsection B of this section, together with a plan in sufficient detail to show how the trees will be protected from damage during the course of construction. Such plans shall be reviewed by the Environmental Commission of the Township of Cedar Grove for their accuracy in the location of trees before being approved in connection with a development application or application for a building permit unless such Commission fails to render a report within 30 days of the submission of the plans to it, in which case, the plan may be approved without such report.
E.
In addition to the remedies and penalties provided in this chapter, no temporary or permanent certificate of occupancy shall be issued in connection with any construction on any lot on which occurs a violation of this section of the Code of the Township of Cedar Grove. In the event of a violation, the Planning Board of the Township of Cedar Grove shall review any proposed plan of mitigation or correction of the violation. Approval of such a plan shall remove the impediment to the issuance of a certificate of occupancy, provided that a cash escrow, in a sufficient amount to effectuate such plan of mitigation, is deposited with the Township of Cedar Grove, together with a written agreement from the owner of the property in question authorizing the Township of Cedar Grove to enter the property to effectuate the plan in the event of default.
§ 268-12 Special modifications and exceptions.
A.
The height limitations of this chapter shall not apply to chimneys, church spires, cupolas, standpipes, flagpoles, transmission towers, radio or television antennas or towers, cables, scenery lofts or water tanks and similar structures and necessary mechanical appurtenances, for the zone in which the structure is located, provided that:
(1)
In the case of a spire, cupola or other similar building feature, or of a roof-mounted structure such as an antenna, no such feature or structure shall cover at any level more than 10% of the area of the roof of the building it is a part of or on which it is located, nor shall exceed the prescribed building height limitation by more than 10 feet.
(2)
In the case of a chimney, flue, or other similar exhaust vent, no such feature shall exceed the prescribed building height limitation by more than three feet. In the event the building construction code in effect at the time such structure is proposed requires a higher clearance, such structure shall extend no higher than the minimum height necessary to meet such standard.
(3)
In the case of a freestanding flagpole, transmission tower, radio or television tower, water tank, or similar structure and its necessary mechanical appurtenances, no such structure shall exceed the prescribed principal building height limitation by more than 10 feet. Where such structures exceed 15 feet in height, same shall be set back from all property lines a distance equal to at least their height.
B.
No tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or fastened to any structure which extends above the zone height limitations. Parapet walls and false mansards may extend not more than four feet above the height limit.
C.
Any lawfully existing one-family dwelling in a residential zone which does not meet a yard setback requirement for the zone in which it is located may be expanded vertically along the line of the encroachment, up to the maximum height limitations of this chapter, provided that:
(1)
The use of the lot conforms fully to the requirements of this chapter;
(2)
No additional violation(s) or extension or enlargement of any existing violation(s) such as yard setbacks or lot coverage is proposed;
(3)
The foundation and/or first story over which the addition will be constructed, lawfully preexists.