Dumont City Zoning Code
ARTICLE III
General Regulations and Restrictions
§ 455-7 Residential A Districts.
[Amended 12-4-2007 by Ord. No. 1352]
A.
In the Residential A (RA) District, the following uses are hereby expressly permitted; and no building, land or premises shall be used and no building or structure shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use that which is expressly set forth herein:
(1)
Principal permitted uses.
(a)
Single-family, detached dwellings.
(2)
Conditional uses:
(a)
Places of worship.
(b)
Preexisting two-family dwellings.
(3)
Accessorial uses:
(a)
Home professions and occupations.
(b)
Garage.
(c)
Carport.
(d)
Off-street parking.
(e)
Pool.
(f)
Residential agriculture.
(g)
Personal recreation structure.
(h)
Shed.
(i)
Fence and fence wall.
(j)
Retaining wall.
(k)
Gazebo.
(l)
Cabana.
(m)
Greenhouse.
(n)
Covered patio.
(o)
Dog run.
(p)
Dog house.
(q)
Walks.
(r)
Driveways.
(s)
Signs.
(t)
Berms.
B.
Prohibited uses. The following uses are expressly prohibited in the Residential A District:
(1)
Open storage of more than one motor vehicle which does not have a current license plate, current inspection sticker, and motor vehicle registration.
(2)
The open parking of any commercial vehicle with a dual rear axle or a registered gross vehicle weight (GVW) in excess of 9,500 pounds, unless said commercial vehicle is in the process of providing a service to the property owner.
C.
Minimum living floor area, residential. The minimum living floor area in the Residential A District shall be no less than 700 square feet. There shall be 150 square feet for the first adult residing thereon and 100 square feet for each additional adult.
D.
Bulk requirements. The bulk requirements shall be those contained in the Limiting Schedule in § 455-35. In addition, the following standards shall apply. Where the following standards result in a different measure than those in the Limiting Schedule, the more restrictive standard shall apply.
(1)
Floor area ratios.
(a)
Residential dwellings shall be subject to the following maximum floor area ratios.
[1]
For lot(s) with a lot area of 5,000 square feet or less, the maximum floor area ratio shall not exceed 50%.
[2]
For lot(s) with a lot area greater that 5,000 square feet and up to and including 7,500 square feet, the floor area ratio shall not exceed 45%.
[3]
For lot(s) with a lot area greater than 7,500 square feet and less than 10,000 square feet, the floor area ratio shall not exceed 40%.
[4]
For lot(s) with a lot area of 10,000 square feet and less than 25,000 square feet, the floor area ratio shall not exceed 35%.
[5]
For lot(s) with a lot area greater than 25,000 square feet, the floor area ratio shall not exceed 30%.
(b)
Nothing herein shall be construed to alter the minimum lot area requirements of the Limiting Schedule.
(2)
Front yard setbacks. Front yard set backs shall be in accordance with the following:
(a)
The setback shall be the average setback of existing dwellings on the same side of the street between intersecting streets. The maximum requirement in any case shall be 40 feet. Where no dwellings exist in the same block, the minimum front yard setback shall be 25 feet.
(b)
Dwellings on corner lots shall have the required front setback upon the street which the residence faces. The other street frontage shall comply with the average setback of existing dwellings on the same side of the street between intersecting streets. The maximum requirement in any case shall be 40 feet. Where no dwellings exist in the same block, the minimum front yard setback shall be 25 feet.
(3)
Side yard setbacks. Side yard setbacks shall be calculated in accordance with the following. The minimum side yard setback shall be controlled by the gross building area. No side yard shall be less than the minimum side yard requirement in the Limiting Schedule in § 455-35.
(a)
For gross building areas less than 3,500 square feet; the side yard setback shall be 0.0025 times the gross building area.
(b)
For gross building areas between 3,500 square feet and 4,999 square feet; the side yard setback shall be 0.0035 times the gross building area.
(c)
For gross building areas over 5,000 square feet; the side yard setback shall be 0.004 times the gross building area.
(4)
Impervious coverage requirements. Maximum impervious coverage shall be as follows for residential properties:
(a)
Maximum impervious coverage: 45% of the total lot area.
(b)
Maximum impervious coverage of the front yard area shall not exceed 40% for properties that have one-car garages and 50% for properties that have two-car garages.
(c)
Maximum coverage of any rear yard shall not exceed 40% of the rear yard.
(5)
Maximum height of basements. The maximum height of basements shall be seven feet four inches. The purpose of this definition is to prevent the use of rooms in the basement for sleeping quarters.
(6)
Residential dwelling appearance. No construction permit shall be issued for any detached dwelling, to be erected in the Residential A District if the dwelling is substantially alike in exterior design and appearance to the two dwellings to either side on the same side of the street or if it is substantially like the one dwelling on the opposite side of the street which is most directly opposite its front orientation. On a cul-de-sac, lots which have any portion of their lot frontage on the arc of the turnaround shall be considered to be on the same side of the street for the purposes of this section. Dwellings shall be considered not substantially alike in exterior design and appearance if they have at least three of the following five characteristics:
(a)
A difference in the height of the main roof ridge above the elevation of the first floor.
(b)
Differences in roof form (e.g., hipped vs. gabled) or roof appurtenances (e.g., dormers, turned gables, pigeon stoops and cupolas).
(c)
Differences in front facade siding materials (e.g., masonry vs. synthetic siding or clapboards vs. shingle).
(d)
Differences in the relative location or number of windows in the front elevation with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.
(e)
Differences in the relative location of porch or garage elements of the front facade, or other relief or variation in the front facade (e.g., jogs, bays).
§ 455-8 Multifamily Residential RB District.
In the Multifamily Residential (RB) District, the following uses are hereby expressly permitted, and no building, land or premises shall be used and no building shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein:
A.
Principal permitted uses:
[Amended 5-6-2008 by Ord. No. 1361]
(1)
Multifamily residential dwellings.
(2)
Single-family residential uses as per the requirements of the RA District.
(3)
Churches as per the requirements of the RA District.
B.
Conditional uses.
[Amended 5-6-2008 by Ord. No. 1361]
(1)
Preexisting two-family dwellings.
C.
Prohibited uses. The following uses are expressly prohibited in the RB Multifamily Residential District:
(1)
Motor vehicles as per the requirements of the RA District.
(2)
Home professions and occupations.
(3)
New two-family dwellings.
[Added 5-6-2008 by Ord. No. 1361]
D.
Minimum living floor area, residential. The minimum living floor area in the RB Multifamily Residential District shall be the same as that for the RA District.
E.
Bulk requirements. The bulk requirements shall be those contained in the Limiting Schedule in § 455-35. In addition, the following standards apply. Where the following standards result in a different measure than those in the Limiting Schedule, the more restrictive standard shall apply.
[Amended 5-6-2008 by Ord. No. 1361]
(1)
Maximum units per acre: 15.
(2)
Minimum lot size: two acres.
(3)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum setback as to front yard: 30 feet.
(6)
Minimum setback as to side yard: 25 feet.
(7)
Minimum setback as to rear yard: 25 feet.
(8)
Minimum green area: 25% of entire tract.
(9)
Maximum height in feet: 28 feet.
(10)
Maximum height in stories: 2.
(11)
Minimum parking: two parking spaces per residential unit, each garage to be considered one parking space. The applicant or owner, as the case may be, shall also comply with the provisions of this chapter concerning off-street parking.[1]
[1]
Editor's Note: See § 455-17, Off-street parking.
§ 455-9 Business and Commercial B2 Districts.
[Amended by Ord. No. 1043; Ord. No. 1046; Ord. No. 1050; Ord. No. 1051; Ord. No. 1054[1]]
The following uses are expressly permitted in the business districts of the Borough of Dumont, and no building, land or premises shall be used and no building or structure shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein.
A.
Principal uses:
(1)
Retail sale of goods and services.
(2)
Banks.
(3)
Business, professional and governmental offices.
(4)
Funeral parlors.
(5)
Restaurants.
(6)
Shopping centers.
(7)
Multifamily dwellings, provided that the same are confined to the upper floors of a building that is being used as a commercial use on the first floor; provided, further, that commercial and multifamily dwellings shall not be mixed on a single floor; and provided, further, that the commercial floor shall begin at or above ground level and shall not be subject to a bulk requirement set forth in § 455-8.
B.
Accessorial uses:
(1)
Signs.
(2)
Fences or fence walls.
(3)
Garages.
(4)
Enclosed storage.
(5)
Off-street parking.
C.
Prohibited uses:
(1)
Repair garages.
(2)
The sale of motor vehicles.
D.
Conditional uses.[2] All industrial uses in the former LI Zone adjacent to West Shore Avenue shall be considered preexisting conditional uses in the B2 Business Zone.
[Added 5-6-2008 by Ord. No. 1361]
[2]
Editor's Note: See also Subsection G, Amusement machine complex as a conditional use within the B2 Business District, of this section.
E.
Buffer strips. The following buffer strip requirements shall apply to any business district use in the Borough of Dumont that adjoins or is adjacent to a residential use or any vacant land that is zoned for residential use:
(1)
The business use shall be screened along those portions of the property that are adjacent to or adjoin a residential use by a fence or fence wall of not less than five feet in height or with a four-foot planting strip consisting of shrubs or trees which are at least four feet high at the time of planting.
(2)
Such screening shall extend to the minimum setback line for the surrounding property.
F.
Bulk requirements. The bulk requirements for the business districts shall be those as set forth in the Limiting Schedule which is hereby adopted and made a part of this chapter. Whenever any reference is made in this chapter or any amendments or supplements thereto to a two-and-one-half-story height limit in the B2 District, such reference shall be interpreted so as to require the 1/2 story to be on top of the remaining two stories. Such half story shall not be habitable and shall be used solely for storage and/or aesthetic purposes.
G.
Amusement machine complex as a conditional use within the B2 Business District:
(1)
The premises on which the mechanical amusement device within the amusement machine complex are located shall be permitted on the first floor of the premises only and shall be so arranged as to permit a clear view of the interior from the exterior at all times and shall have sufficient glass frontage to permit a clear view of the interior of the premises by a code official or law enforcement officer viewing the interior from the exterior of the premises.
(2)
The amusement machine complex shall not be permitted to operate between the hours of 12:00 midnight and 9:00 a.m. If said complex is located within a shopping center or mall or cluster of stores, the amusement machine complex shall not be permitted to operate later than the latest established closing time for the surrounding stores and, in no event, shall be permitted to operate after 12:00 midnight.
(3)
Each machine shall be licensed in accordance with Chapter 114, Amusements, Article III, Automatic Amusement Games, of the Code of the Borough of Dumont, and the license shall be conspicuously displayed on the premises.
(4)
There shall be conspicuously displayed in the premises in capital letters six inches in height a notice stating:
(a)
The prohibited hours of operation;
(b)
The fact that no child under 17 may play the amusement devices during regular school hours.
(5)
Erection and installation of coin-operated or non-coin-operated mechanical amusement devices as permitted within an amusement machine complex shall comply with all local, state and federal fire and safety regulations, statutes and codes.
(6)
No chapter shall permit any activity or the operation of any machine which is illegal, immoral or which creates an undue amount of noise or danger of a breach of the peace to occur on the premises.
(7)
Exterior lighting shall be provided on the exterior of the arcade as approved by the appropriate Board of the Borough of Dumont Lighting shall provide a minimum of 10 footcandles of white light.
(8)
The building or premises to be used for arcade purposes shall be designed and constructed and sufficiently insulated to provide noise elimination permitting a maximum of 50 dba of noise measured at the exterior of the amusement machine complex, and certification verifying the appropriate insulation rating to establish such decibel maximums shall be submitted to the appropriate Board as a condition precedent to the granting of conditional approval for the use of the premises as an arcade.
(9)
No operator or owner shall offer or permit to be offered within the premises any prizes or awards, whether in cash or otherwise.
(10)
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated within the ownership, management or operation of the business.
(11)
No gambling devices of any kind whatsoever, inclusive of but not limited to any device that dispenses any kind of payoff or reward or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey, shall be permitted.
(12)
No occupation, other than the operation of coin- or non-coin-operated mechanical amusement devices, shall be permitted to be carried on within the premises of the amusement machine complex, and the amusement machine complex shall not be an accessory use to any other occupation or activity permitted within the Borough of Dumont. This includes, but shall not be limited to, machines which dispense food, beverage or other commodities. No such vending machine shall be permitted within the arcade.
(13)
An amusement machine complex shall be permitted to be located in the B2 Zoning District of the Borough of Dumont, and such amusement machine complex shall be allowed in such B2 District only upon approval by the Joint Land Use Board under a conditional use procedure.
(14)
The Joint Land Use Board shall determine that sufficient space or such machines has been provided to prevent overcrowding of users or interference with other pedestrian traffic in the building or on the premises, that aisle space between machines is satisfactory for emergency exit of the room or rooms housing such amusement machine complex and the parking facilities required by this section for such amusement machine complex can be adequately provided and that such amusement machine complex is adequately separated from public and parochial schools, school playgrounds, religious buildings and municipal parks and playgrounds. An applicant shall submit a site plan and an amusement machine complex room layout in sufficient detail to allow such determination by the Joint Land Use Board.
(15)
The following specific requirements shall apply to the location, layout and operation of an amusement machine complex:
(a)
A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement machine complex shall be located at least 500 feet from any premises used as a public, parochial or private elementary, middle, junior high or high school, school playground, municipal park or playground or premises upon which is located a place of worship. A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement complex shall be located at least 800 feet from another building or portion of a building used as an amusement machine complex.
(b)
Adequate space shall be provided to reach a machine so as to allow its use without overcrowding. A minimum width between amusement machines of two feet shall be provided for each machine where it is designed for use by one player, and 3 1/2 feet where a machine is designed for use by two players. The depth of the space in front of the machine shall be at least five feet or an additional 44 inches. The provisions of the Uniform Construction Code shall be complied with.
(c)
Off-street parking in addition to that otherwise required for the users on the premises shall be provided in the amount of one space per two amusement machines or the minimum required off-street parking for a retail use in the B2 Business District, whichever is greater.
(d)
Readily visible signs shall be installed, with their location, size and text shown on the plans submitted to the Joint Land Use Board, indicating that persons under the age as specified in Chapter 114, Amusements, Article III, Automatic Amusement Games, shall not be permitted to play such amusement game machine or amusement machine.
(e)
A building or portion thereof used as an amusement machine complex shall comply with requirements for a nonresidential building in a B2 Zoning District as specified in this chapter.
(f)
To prevent obstruction of the public sidewalk and entry and exits to an amusement complex, a special on-site area shall be set aside and designated for bicycle parking, and bicycle racks shall be provided at the rate of one bicycle space for every three amusement machines. Bicycle racks shall not be located in any required landscaped areas, walkways to buildings, driveways or required vehicular parking spaces nor shall such bicycle racks be spaced so as to obstruct any entrance or exit to any premises.
(g)
An amusement complex shall be designed to minimize noise emanating beyond the boundaries of such building or room containing amusement game machines or amusement machines. The Joint Land Use Board, in reviewing an application for conditional use, shall determine that noise emanating beyond the boundaries of such building or room containing such machines shall not exceed 50 decibels.
(h)
An amusement complex shall at all times have a least one supervisory employee in attendance, 18 years of age or older, during operating hours. Between 3:00 p.m. and closing, in addition to the supervisory employee, there shall be an additional employee 18 years of age or older to act as a security person, whose sole responsibility is to maintain good order and compliance with all regulations.
(i)
An amusement complex shall maintain an operating telephone or other device to alert police, fire and ambulance services in the event of an emergency.
(16)
In order to obtain approval of the conditional use of the arcade within the B2 Zone, a site plan must be filed with the application establishing the applicant's compliance with all applicable ordinances, indicating location of proposed parking for both bicycles and automobiles; lighting; compliance with the noise level requirements; distance to the nearest public or private school or religious institution; distance to any other existing amusement machine complex and such other requirements as may be imposed by other sections of the zoning and land use ordinances of the Borough of Dumont.
H.
Construction of buildings in the B2 Zone.
(1)
The first floor of all buildings shall begin at grade level.
(2)
Parking will be permitted on the first floor level, provided that:
(a)
It does not face or front any Borough street.
(b)
It does not make up more than 1/3 of the total area of the second floor.
(c)
Parking under the second floor shall only be limited to 1/3 of the area of the second floor.
(3)
The construction of subterranean parking, that being parking under grade level, shall be permitted, provided that the first floor continues to begin at grade level.
(4)
Parking will be permitted under the first floor area below grade level.
(5)
The proposed first floor of any building shall not be greater than four feet above or below the existing grade level at the location of the proposed building.[3]
[3]
Editor's Note: Original § 22-10, Conditional Housing CH District, as amended by Ord. No. 1046, which immediately followed this section, was repealed 3-10-1987 by Ord. No. 1054. This repeal, however, did not affect housing erected prior to the adoption of Ord. No. 1054.
[1]
Editor's Note: Ordinance No. 1054 amended this section by deleting all references to the B1 District. The original text of this section is available for inspection at the Borough offices.
§ 455-10 Parks and Public Use P District.
Those areas set forth on the Master Plan or Official Map of the Borough of Dumont as District P, Parks and Public Use, are hereby reserved as public areas pursuant to the provisions of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-44, and any amendments or supplements thereto. In the event that the Borough of Dumont waives any reservation rights it may have to such areas pursuant to statute, then and in that event the following uses are expressly permitted in the P District, Parks and Public Uses, in the Borough of Dumont. No building, structure, land or premises shall be used and no building or structure shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein:
A.
Principal uses: all principal uses as permitted in the RA District.
B.
Accessorial uses: all accessorial uses permitted in the RA District.
C.
Prohibited uses: all prohibited uses as in the RA District.
D.
Minimum living floor area, residential: the minimum living floor area, residential, as set forth in the RA District.
E.
Bulk requirements. Limiting Schedule:[1] all bulk requirements as set forth in this chapter and/or the Limiting Schedule for the RA District.
[1]
Editor's Note: See § 455-35.
§ 455-11 Light Industrial LI District.
The following uses are expressly permitted in the Light Industrial District in the Borough of Dumont. No building, land or premises shall be used and no building shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein:
A.
Principal uses:
(1)
Business, industrial and governmental offices.
(2)
The manufacture by distillation, fabrication, assembling or other handling of products for industrial sale.
(3)
Wholesale distribution centers or warehouses.
(4)
Repair garage, provided that no repair work of motor vehicles shall be done out of doors, except emergency work, and provided further that a security fence of the chain-link-type, not exceeding six feet in height, shall be provided.
B.
Accessorial uses:
(1)
Off-street parking.
(2)
Fences or fence walls.
(3)
Signs.
(4)
Garages.
(5)
Storage buildings.
(6)
Buildings used for the purpose of processing or assembling goods.
(7)
Employee cafeterias.
(8)
Open storage of motor vehicles when screened by a buffer zone in accordance with the requirements of this chapter.
C.
Prohibited uses. The following uses are expressly prohibited in the Light Industrial District:
(1)
Residential uses.
(2)
The retail sale of goods or services.
D.
Buffer strips. The following buffer strip requirements shall apply to any use permitted in the Light Industrial District of the Borough of Dumont:
(1)
All required buffers shall be at least five feet in width.
(2)
All required buffers shall be landscaped with evergreens of at least six feet in height and shall be of sufficient density as to prevent the use from becoming visible by adjoining resident properties.
E.
Bulk requirements. The bulk use requirements for the Light Industrial District shall be as set forth in the Limiting Schedule[1] which is hereby adopted and made a part of this chapter.
[1]
Editor's Note: See § 455-35.
§ 455-12 Prohibited uses in all districts.
The following uses are hereby expressly prohibited in all zoning districts within the Borough of Dumont:
A.
Motor courts, trailer camps, house trailers, hotels, motels or recreational vehicles, which are being used as a dwelling or sleeping place.
B.
Shooting galleries, skating rinks, billiard parlors, dance halls, discotheques, model slot car racing, tattoo parlors, fortune tellers, massage parlors, skateboard facilities or other similar facilities.
C.
Drive-in restaurants or fast-food establishments.
D.
Blast furnaces, boiler works or coke ovens.
E.
Premises involved in the manufacture and/or distribution of disinfectant, insecticide, creosote or other poisons.
F.
Premises involved in the manufacture, treatment and/or distribution of explosives, fireworks, match manufacture or storage of any type of a substance possessing radioactive qualities.
G.
Any other trade or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise.
H.
Outdoor storage of any type except as otherwise expressly provided for in this chapter and any amendments thereto.
I.
More than one principal use, structure and/or building on a lot.
J.
All buildings, structures and uses in the front, rear and side yards except the following:
(1)
Fences or fence walls.
(2)
Berms.
(3)
Landscaping and lawns.
(4)
Drives and walks.
(5)
Lighting fixtures.
(6)
Underground utilities.
K.
Cannabis establishments, cannabis distributors and cannabis delivery services prohibited.
[Added 8-10-2021 by Ord. No. 1588]
(1)
Purpose. Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), N.J.S.A. 24:6I-45b, all cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer, cannabis distributor or cannabis delivery service, are hereby prohibited from operating anywhere within the Borough of Dumont.
(2)
Definitions. As used in this chapter, all classes of cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, and a cannabis distributor or cannabis delivery service, shall have the meaning as defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.
(3)
General prohibition. All classes of cannabis establishments including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer, and a cannabis distributor or cannabis delivery service, but not the delivery of cannabis items and related supplies by a delivery service, as said terms are defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:61-33, are hereby prohibited uses or activities within the Borough of Dumont.
(4)
Fines for violations. Any person liable for a violation under § 455-12K shall be subject to a minimum fine of $500 up to a maximum fine of $5,000.
§ 455-13 Provisions applicable to all commercial and industrial buildings.
A.
All business and industrial buildings shall be constructed with exteriors of masonry with the front and two adjacent sides of said buildings being of veneer or stucco construction.
B.
The exterior rear walls of all business and industrial buildings must be of brick veneer construction when said building is erected or located adjacent to a residential zone.
§ 455-14 General site plan review requirement.
Site plan approval shall be required for all uses, buildings and structures except for one- and two-family dwellings, when allowed by right and not associated with a home occupation accessorial use. All such uses requiring site plan approval shall provide for zero increase in storm drainage contribution for a one-hundred-year storm. In computing said increase, consideration shall be given to a comparison of the site in its natural condition to the site in its developed condition.
§ 455-15 Nonconforming structures or uses.
The following rules and regulations shall apply:
A.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the building or structure so occupied, and any structure may be restored or repaired in the event of partial destruction thereof. A building or structure shall be considered to have sustained partial destruction when either of the more restrictive of the following have occurred: when the frame of the building or structure, exclusive of the foundation, has been destroyed by no more than 50% of said frame or when there has been substantial total destruction of structures. Then and in that event, only said building or structure may be rebuilt, and the use of said building or structure as it existed at the time of its destruction may be continued.
B.
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
C.
No building shall be enlarged unless the use therein is changed to a conforming use.
D.
No nonconforming use shall be extended so as to diminish the extent of a conforming use.
E.
A nonconforming use which has been abandoned shall not be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:
(1)
The intent to discontinue the nonconforming use is apparent;
(2)
The structure, building or lot has been used in a way inconsistent with the continuation of the nonconforming use; or
(3)
The characteristic equipment and furnishings of the nonconforming use have been removed and have not been replaced within a reasonable period of time.
§ 455-16 Location of accessory buildings in residential districts.
Accessory buildings, except garages, in residential zones shall conform to the following regulations as to their location upon the lot:
A.
In the case of an interior lot fronting on only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street.
B.
In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
C.
In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon the area between each respective street and the line drawn parallel to such street in a manner to divide the lot into two equal parts.
D.
Notwithstanding any requirements in this section, the foregoing rules shall not restrict the location of any accessory building 70 feet or more from any street bounding the block.
E.
Such accessory building shall additionally comply with all other bulk requirements set forth in this chapter.
§ 455-17 Off-street parking.
A.
No building or premises shall be used nor shall any building be erected nor shall any building be altered so as to expand its usable floor area unless there is provided parking space on the same premises upon which the use or structure is located or upon such nearby premises as may be provided for in the site plan approval.
B.
No dwelling shall be erected unless provision shall have been made for at least two off-street parking spaces.
C.
Parking spaces required by this chapter for any use except dwellings may be provided on premises other than those upon which the use is located, provided that such premises are within a walking distance of 200 feet from the building entrance, and further provided that such premises are owned in fee by the owner of the lot upon which the use is located or that the owner of the lot upon which such use is located holds a lease or license which grants to him the right of uninterrupted use for parking purposes for at least 20 years.
D.
Required off-street parking space may be reduced by the amount to which other off-street parking space, such as publicly owned space or jointly or cooperatively owned space satisfying the requirements of this chapter, is provided for the use that is involved, or such amount as may be justified by the reduction in need for such space by reason of a reduction in the size or change in the nature of the use to which such space is appurtenant.
E.
All off-street parking spaces and driveways shall be paved or otherwise constructed with an impervious surface, pursuant to the provisions of this chapter.
[Amended 2-21-2017 by Ord. No. 1514; 6-13-2017 by Ord. No. 1522]
F.
All off-street parking areas adjacent to any residential zone and used by more than three vehicles shall be screened by a buffer strip in accordance with the requirements of this chapter.
G.
The total width of all driveways on a lot used in a business zone or industrial zone shall not exceed 30% of the width of the lot.
H.
The Joint Land Use Board or other approving authority is hereby authorized to establish the required number of parking spaces for any use erected or to be erected pursuant to this chapter. In establishing the required number of parking spaces for any use, the approving authority shall use the following standards:
(1)
All office uses shall be required to provide one square foot of parking space for every 1 1/2 square feet of gross floor area devoted to office use.
(2)
All commercial uses shall be required to provide for one square foot of parking space for every 1 1/2 square feet of gross floor area devoted to commercial use.
(3)
All light industrial uses shall be required to provide for one square foot of parking space for every three square feet of gross floor area devoted to light industrial use. One parking space shall be provided per employee, per shift.
(4)
All such parking areas shall be paved with five inches of one-and-one-half-inch quarry process base course and three inches of bituminous concrete surface course.
(5)
Truck traffic: four inches of quarry process stone base course, four inches of bituminous stabilized base course and 1 1/2 inches of bituminous concrete surface.
(6)
All paving is to be curbed with cast-in-place concrete (air entrained 3,500 pounds per square inch) with six inches of exposed face, 18 inches deep and seven to eight inches wide at the top and bottom, respectively.
(7)
Handicap parking shall be provided pursuant to prevailing state law or standards.
I.
All off-street parking and off-street loading areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective devices approved by the Borough Engineer and the construction office of the Borough of Dumont.
J.
All interior roadways and parking lot layouts shall be as follows.[1]
[1]
Editor's Note: The diagram of parking lot layout standards is located at the end of this chapter.
K.
Each off-street parking or loading area shall be connected to a street by means of a driveway constructed in accordance with at least the minimum standards required by the Borough of Dumont.
L.
Each off-street parking space shall be clearly marked in pavement, and directional arrows or signs shall be provided wherever necessary. Markers, directional arrows and signs shall be properly maintained so as to ensure their maximum efficiency. This subsection shall apply to the residential uses.
M.
Adequate lighting shall be provided if the off-street parking facilities are used at night. If said parking facilities are near a residential use, the lighting shall be arranged and installed so as not to reflect or cause glare on the residential use in accordance with the standards as required by the approving authority of the Borough of Dumont. Lighting plans shall be submitted showing outer limits of areas of one footcandle illumination. Illumination shall not exceed one footcandle beyond the property line in the commercial or industrial zone and two footcandles in residential zones.
N.
All applications for building permits and/or certificates of occupancy in the business zone or industrial zone shall be accompanied by a site plan setting forth a paved parking area with the number of spaces to be provided.
O.
If, in the course of its site development plan review, the approving authority determines that by reason of the proposed use of particular premises, or for any other reason, the number of parking spaces which will be required to meet the parking needs of such premises is less than the number of spaces which would otherwise be required under this chapter, the approving authority shall have the power to permit the applicant to construct and pave only such number of parking spaces as the approving authority determines to be necessary to meet such requirements and to permit the remaining area, which would otherwise be required to be constructed and paved for parking purposes, to remain unpaved in a landscaped condition; provided, however, that the site development plan shall delineate the full number of parking spaces which, but for such finding of the approving authority, would be required, and any certificate of occupancy issued for such premises shall note the decision of the approving authority as described herein, and provided further that the Zoning Officer shall, from time to time, inspect said premises to determine the adequacy of existing parking spaces and report thereon to the approving authority, and the approving authority shall have the power, at any time that it determines that construction and paving of the remaining parking area is necessary in order to satisfy the parking requirements of the premises, to order such additional construction and paving. In the event that there is a transfer of ownership of the premises or a change in its use, or if said premises are leased to a tenant other than as set forth in the original certificate of occupancy, or should the holder of the certificate of occupancy, either as owner or tenant, increase the use beyond which the certificate of occupancy was issued, the approving authority shall have the power at that time to request additional site plans for presentation in order to determine whether the parking requirement shall be increased or decreased.
P.
Every off-street parking area shall be subject to site plan approval by the approving authority. The approving authority shall consider the effect of any parking area upon traffic safety and abutting properties.
Q.
All parts of all yards not used for off-street parking areas shall be adequately landscaped, subject to approval by the approving authority and maintained in good condition. Landscaping plans shall be submitted with and be part of the site plan applications.
R.
No certificate of occupancy shall be issued until the applicant has transferred to the Borough of Dumont a certified check in an amount specified by the Borough Engineer, which amount shall be equal to 100% of the total cost of the unfinished paving and/or unfinished landscaping required herein. The total cost of unfinished paving and/or unfinished landscaping as set forth in the site plan shall be established by the Borough Engineer in the following manner:
(1)
The Zoning Officer shall cause an estimate of the cost of such work to be made by the Borough Engineer. The cost of the estimate shall be paid by the property owner.
(2)
The applicant shall post with the Borough an inspection fee in the amount of 50% of the approved construction cost estimate established by the Borough Engineer for site improvements.
(3)
The performance escrow shall be released only upon the site improvements being completed and upon the posting of a maintenance guaranty.
S.
Prior to the issuance of the certificate of occupancy and after approval of all on-site improvements, the applicant shall post a maintenance guaranty in the form of a certified check in the amount of 15% of the total construction cost estimate as approved by the Borough Engineer.
T.
Driveways, Residential.
[Added 4-17-2018 by Ord. No. 1543]
(1)
Material. New, expanded or otherwise modified (not including routine maintenance) residential driveways shall be one of two options. They can be impervious (asphalt, concrete, or pavers) or with a pervious driveway surface that will permit surface water to pass through the surface, resulting in minimal runoff to abutting streets, sidewalks, swales and ditches. The following types of material for residential driveways are permitted:
(a)
Asphalt. Hot mix asphalt with a minimum of two-inch-thick FABC Mix 1-5 surface course on a four-inch dense graded aggregate (DGA) subbase.
(b)
Concrete. Four-inch-thick NJDOT Class B concrete with No. 4 reinforcement wire or equivalent on a stabilized subbase, or six-inch thick NJDOT Class B concrete on a stabilized subbase.
(c)
Crushed stone. A gravel driveway shall consist of minimum six-inch layer of compacted crushed stone with appropriate filter fabric underneath with sufficient edging to prevent spillover. Driveway curbing with a minimum exposed height of six inches must be constructed along the border of crushed stone driveways. Driveway curbing may be composed of concrete, granite block, or plastic composite railroad ties (Trex or equivalent).
(d)
Pavers. Specially designed concrete paver blocks with gaps that are filled with stone/sand to allow water to infiltrate into the soil. (Note that the paver units do not need to be permeable, only the gaps between the paver units).
(e)
Porous pavement. Asphalt pavement/popcorn mix is produced with a high percentage of air voices (15% to 20%) that allows water to pass rapidly through the pavement.
(2)
Aprons. All new driveway aprons shall be poured concrete. Six-inch-thick NJDOT Class B concrete with No. 4 reinforcement wire or equivalent on a stabilized subbase.
(3)
Sidewalks. All new sidewalks shall be poured concrete.
(a)
Width of sidewalks. The established width of sidewalks within the limits of the Borough shall be 1/5 on each side of the width of the entire street upon which the said sidewalk is laid.
(b)
Driveway. All driveways across any sidewalk shall be a minimum of 16 feet and not exceed 20 feet in width and shall cross the sidewalk at right angles thereto and in a straight line until at least five feet from the curbline. No asphalt shall be overlaid past the gutter line. Such driveways shall be laid on the established grade of the sidewalk, and in such manner, that the surface water thereof shall be conducted to the street gutters.
§ 455-18 Off-street loading.
A.
No building shall be used, erected or expanded unless off-street loading space shall be provided in such amount and manner that all loading and unloading operations will be conducted entirely within the boundaries of the lot concerned, and no vehicles shall in any manner use public streets, sidewalks or rights-of-way for loading or unloading operations except for access to the lot.
B.
All exterior loading platforms of any business or industrial building shall be erected in the rear of said buildings so as to provide for rear yard loading and unloading only.
§ 455-19 Fences and fence walls.
A.
Residential zones.
(1)
No fence or fence wall in a side or rear yard shall exceed six feet in height, measured from the highest point of ground at its base, except where required by this chapter to screen parking areas. No fence or fence wall in any required front yard shall exceed three feet in height, nor shall any fence be placed on a corner lot within 10 feet of the curbline of the street or within the Borough right-of-way, as determined by a certified survey or as measured by the Borough Engineer.
[Amended 12-5-2017 by Ord. No. 1529]
(2)
No fence, shrubs or other obstruction to visibility, exclusive of trim trees or existing buildings, shall be built, planted or maintained upon a corner lot within 25 feet of any street intersection. Any existing obstruction of this chapter which, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection shall be removed by and at the expense of the owner of such corner lot within six months of the date of the passage of this chapter.
(3)
No fence or fence wall (except a retaining wall) over six feet in height shall hereafter be erected within 10 feet of a property line. Any fence or fence wall erected pursuant to this chapter in a residential zone shall be placed such that its architectural side faces outwards from the property on which it is so erected.
B.
Nonresidential zones. The regulations for residential zones shall apply herein. Nothing contained herein shall prevent an owner of nonresidential property, where necessary to protect the public from dangerous equipment, from applying to the approving authority for permission to erect a security fence of the chain-link-type above the six-foot height requirement imposed herein. Fencing in nonresidential zones abutting residential zones should comply with residential zone requirements.
§ 455-20 Driveways and other paved areas.
[Added by Ord. No. 1050; amended 12-20-2011 by Ord. No. 1437; 6-13-2017 by Ord. No. 1521; 12-19-2017 by Ord. No. 1532]
A.
In the RA Residential District, no driveway or other paved area having a total width of more than 20 feet shall be installed or extended in any front yard area, nor shall any curb cut for such driveway exceed the width of 20 feet.
B.
In the RA Residential District, no driveway or other paved area having a total width of more than 20 feet shall be installed or extended beyond the setback line or in the rear yard, except if the width of such driveway or paved area is equal to the width of the garage to which such driveway leads, and then only so long as such garage exists. However, nothing contained in this subsection shall be construed to permit the installation or extension of a driveway or other paved area wider than those permitted by Subsection A above in the front yard of the premises
C.
Driveway width between 16 feet and 20 feet, as permitted in front yards, shall not constitute additional lot coverage for the purposes of calculating such limitation to be in compliance with zoning limitations defined in § 455-35, Limiting schedule.
§ 455-21 Accessory apartments.
[Added by Ord. No. 1130]
A.
Definitions. For the purpose of this section, the following definitions are established:
ACCESSORY DWELLING UNIT
A separate dwelling unit incorporated within or to become part of an existing detached one-family dwelling, which dwelling also contains a primary dwelling unit.
CELLAR
That portion of a building which is partly or completely below grade and having at least 1/2 of its height below grade.
DWELLING UNIT
A room or group of rooms within a building forming a single habitable residential unit with permanent facilities for living, sleeping, cooking, eating and sanitation.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a dwelling, excluding garage areas and cellar floor areas. Said gross horizontal areas shall be measured from the outside walls of the dwelling, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
PERSON
A natural person only and not a corporation, partnership or other similar entity.
PRIMARY DWELLING UNIT
The main dwelling unit constituting the space remaining in such dwelling after the creation of an accessory dwelling unit.
B.
Approval of accessory dwelling unit as a conditional use. Upon proper application and hearing as herein provided, one accessory dwelling unit shall be permitted as a conditional use in any existing detached one-family dwelling in any residential district in the Borough, provided that the Joint Land Use Board finds and determines that the following conditions have been met:
(1)
The dwelling for which a permit for an accessory dwelling unit is sought shall be situated on a lot having a minimum area of 5,000 square feet.
(2)
The dwelling for which such permit is sought shall have been occupied by the applicant as a detached one-family dwelling pursuant to an initial certificate of occupancy issued at least 10 years prior to the filing of an application for approval of an accessory dwelling unit.
(3)
Either the accessory dwelling unit or the primary dwelling unit shall constitute the domicile of the person or persons who own the lot on which the dwelling house is situated.
(4)
At least one of the persons occupying either the accessory dwelling unit or the primary dwelling unit of the dwelling shall be 62 years of age or older.
(5)
The accessory dwelling unit shall be occupied as a residence by no more than three persons.
(6)
The accessory dwelling unit shall have a minimum floor area of 400 square feet, but shall not be greater than 50% of the total floor area of the building.
(7)
No changes shall be made to the exterior of the dwelling which would detract from its external appearance as a detached one-family dwelling, except that a separate door to serve as an entrance and exit for such accessory dwelling unit may be installed, provided that it does not abut the front yard of the lot. There shall not be separate utility meters for the accessory dwelling unit.
(8)
In addition to the off-street parking required for the dwelling pursuant to Chapter 455, § 455-35, there shall also be provided on the same lot one additional parking space for the accessory dwelling unit, which shall also comply with the requirements of the aforementioned section.
(9)
An accessory dwelling unit may not be situated or contained within a cellar or garage.
(10)
The sanitary disposal system for the dwelling, either existing or as may be modified to accommodate the accessory dwelling unit, shall be inspected and approved by the Board of Health.
(11)
The accessory dwelling unit as proposed shall comply with all other ordinances and regulations of the Borough.
(12)
The granting of such application for a conditional use shall not substantially impair the visual aspect of the immediate neighborhood of which the dwelling is a part or the surrounding area.
C.
Application procedure.
(1)
No building permit shall be issued for the creation of an accessory dwelling unit unless a conditional use approval therefor has been granted by the Joint Land Use Board.
(2)
For a conditional use approval for an accessory dwelling unit, the procedure shall be as follows:
(a)
An application shall be submitted to the Joint Land Use Board Clerk in writing, in duplicate, on forms supplied by the Joint Land Use Board indicating the addresses and ages of the owners, the names, addresses and ages of the persons who are intended to occupy the primary dwelling and the number and lot and block designation of the property involved.
(b)
The application shall be accompanied by 10 copies of an up-to-date survey of the property prepared by a licensed engineer or land surveyor depicting the boundaries of the lot and all existing structures and improvements on the property.
(c)
The application shall also be accompanied by 10 copies of a proposed floor plan drawn by a licensed architect or engineer depicting all proposed interior and exterior changes to the dwelling, including the relation of the accessory dwelling unit to the primary dwelling unit, the location of any proposed additional exterior doors, any proposed additional parking spaces and any proposed modifications to the existing sanitary disposal system.
(d)
The fee for such application shall be $100, plus $150 as an escrow for engineering and legal expenses.
(3)
Upon filing of a complete application for an accessory dwelling unit as a conditional use, the Joint Land Use Board shall conduct a hearing.
(4)
On such hearing the applicant shall give notice, in writing, to all property owners within 200 feet of the property in question and shall publish notice in one of the official newspapers of the Borough as required by this chapter.
(5)
A list of property owners to whom the applicant is required to give notice shall be furnished by the Tax Office of the Borough.
(6)
The Joint Land Use Board shall render its decision not later than 95 days from the filing of a complete application.
(7)
Any such approval granted by the Joint Land Use Board shall expire unless the construction with respect thereto shall have been actually commenced within 120 days of the Joint Land Use Board's determination on the application, and the period of limitation herein shall be tolled from the date of filing an appeal from the Joint Land Use Board's decision to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
(8)
The Joint Land Use Board's decision on such application and the publication of said decision shall be in accordance with the provisions of this Chapter 455.
(9)
Within 30 days of the completion of all construction with respect to the creation of said accessory dwelling unit and written notification thereof by the applicant, the Building Inspector shall conduct a physical inspection of the dwelling, including the accessory dwelling unit, to determine whether all such construction complies with all ordinances of the Borough.
(a)
If the Building Inspector finds and determines that all such ordinances have been complied with, he shall issue a certificate of occupancy for the accessory dwelling unit upon the payment of a fee of $40.
D.
Miscellaneous provisions.
(1)
Affidavit of continued compliance.
(a)
On or before the first of January next following the issuance of a certificate of occupancy for an accessory dwelling unit and on or before each and every January 1 next following, the owner of the dwelling for which said certificate of occupancy was granted shall file in the office of the Building Inspector a sworn affidavit, in the form prescribed by the Borough Clerk, which shall state that there has been no change in the conditions upon which the approval was originally granted.
(b)
If said owner shall fail to file any affidavit as herein required, the certificate of occupancy issued for said accessory dwelling unit shall automatically be revoked and the Building Inspector shall notify the owner, in writing, of such revocation.
(c)
Any continued occupancy of such accessory dwelling unit following notice of revocation shall constitute a violation of this section.
(2)
Transfer of dwelling.
(a)
Upon the transfer of title by the owner of a dwelling in which an accessory dwelling unit is contained, the certificate of occupancy issued with respect to such accessory dwelling unit shall automatically expire upon the later of the 180th day after the recordation of such transfer in the office of the Bergen County Clerk or the expiration of a written lease for such accessory dwelling unit, provided that in no event shall such continued use of the accessory dwelling unit under a written lease extend beyond a period of one year from the date of recordation of such transfer in the office of the Bergen County Clerk, unless within such time period a new certificate of occupancy for such accessory dwelling unit is issued in the name of the new record owner of the property.
(b)
Before any new certificate of occupancy may be issued, the Building Inspector shall conduct a physical inspection of the dwelling, including the accessory dwelling unit, in order to determine that, other than with respect to the new ownership of the dwelling, there has been no change in the conditions upon which the original certificate of occupancy was granted.
(c)
If the Building Inspector finds and determines that there has been no such change in conditions, he shall issue a new certificate of occupancy for the accessory dwelling unit upon the payment of a fee of $40.
(3)
Death or vacation of senior citizens.
(a)
Upon the death of the person 62 years of age or older or the permanent vacation of such person from the accessory dwelling unit or primary dwelling unit in the dwelling for which approval hereunder was granted, the owner of such dwelling shall have a grace period within which the certificate of occupancy shall continue in full force and effect. Said grace period shall consist of the longer of either 180 days or the time remaining in the term of a written lease for the accessory dwelling unit, provided that in no event shall such continued use of the accessory dwelling unit under a written lease extend beyond a period of one year from the date of the death of the person 62 years of age or older or the permanent vacation from such person from the accessory dwelling unit or primary dwelling unit.
(b)
If by the expiration of such period no other person or persons being 62 years of age or older shall have commenced occupancy of the accessory or primary dwelling unit, the certificate of occupancy issued for the accessory dwelling unit shall automatically be revoked, and the Building Inspector shall notify the owner, in writing, of such revocation.
(c)
Any continued occupancy of such accessory dwelling unit as an accessory dwelling unit following notice of revocation shall constitute a violation of this section.
(4)
Inspections. The Building Inspector shall have the right to conduct inspections in order to determine compliance or continued compliance with the provisions of this section.
(5)
Expiration. Any accessory dwelling unit approved by the Joint Land Use Board as a conditional use pursuant to the terms and provisions of this section shall be deemed abandoned and the certificate of occupancy with respect thereto shall automatically expire upon any change in or noncompliance with the conditions set forth in Subsection B hereof.
(6)
Violations and penalties. The creation, maintenance or occupancy of any accessory dwelling unit other than in accordance with the provisions of this section shall constitute a violation of this section and shall be punishable by a fine of up to $500 per day.[1]
[1]
Editor's Note: Original Section 22-20.3, Communication towers and antennas, added 8-19-1997 by Ord. No. 1242, which immediately followed this section, was superseded by 12-4-2007 by Ord. No. 1351. See now Art. VIII, Wireless Telecommunications Towers and Facilities.
§ 455-21.1 Affordable housing multifamily set asides.
[Added 3-6-2018 by Ord. No. 1534]
A.
Residential development set-aside requirements.
(1)
Except as otherwise regulated in this chapter, any multifamily residential development that is approved to provide densities at or above six units per acre as a result of any action of the Dumont Joint Land Use Board shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for purchase, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%.
(2)
Where the set-aside requirement in Subsection A(1) above results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.
(3)
Irrespective of the requirements in Subsection A(1) and (2) above, the Borough shall not be under any obligation to grant variances or extraordinary approvals for any such construction and development applications will be required to otherwise conform to the Borough's zoning requirements.
B.
Affordable housing compliance mechanisms.
(1)
Any developer with an affordable housing set-aside requirement pursuant to Subsection A(1) above shall be permitted to satisfy said requirement through any of the following mechanisms, or a combination thereof, provided that advanced written permission is obtained from the Borough of Dumont:
(a)
On-site housing production;
(b)
Off-site housing production in the Borough;
(c)
The purchase of an existing market-rate dwelling at another location in the Borough and conversion thereof to an affordable deed-restricted dwelling in accordance with the applicable New Jersey Council on Affordable Housing (COAH) regulations, as may be amended from time to time;
(d)
Participation in gut rehabilitation and/or buy-down/write-down and/or buy-down/rent-down programs;
(e)
Payment in lieu of providing affordable housing; and
(f)
Any other compliance mechanism permitted under the applicable COAH regulations, as may be amended from time to time.
(2)
Satisfaction of the affordable housing compliance mechanism(s) so permitted shall be an automatic condition of all approvals. Said condition shall be satisfied in accordance with COAH's phasing requirements pursuant to N.J.A.C. 5:93-5.6(d).
C.
Applicable rules; tenure; administration.
(1)
All affordable units to be produced pursuant to Subsections A and B above shall strictly comply with the Affordable Housing Chapter of the Borough Code[1] and the applicable COAH regulations, as may be amended from time to time.
[1]
Editor's Note: See Ch. 98, Affordable Housing.
(2)
The affordable units to be produced shall either be purchase or rental units, which shall be at the discretion of the developer.
(3)
It shall be the developer's responsibility, at its cost and expense, to arrange for an administering agency that may either be the Borough of Dumont Municipal Housing Liaison, or some other entity approved by COAH and the Borough, to ensure full compliance with these rules and such certifications, reports and/or monitoring forms as may be required to verify compliance of each affordable unit.
D.
Payments in lieu of construction.
(1)
The amount of payments in lieu of constructing affordable units on site shall be based on the cost of constructing each new residential unit, less proceeds anticipated from the sale of the unit or the capitalization of rental income from the unit. The cost of constructing new residential units includes the sum of development hard costs, related soft costs and developer's fees pursuant to the cost containment provisions of N.J.A.C. 5:43-2.4(a)1 through 6, and land costs equal to 25% of the first quartile of new construction costs as reported to the Homeowner Warranty Program.
(2)
Example:
1st Quartile | Land Costs | Construct- ion Costs | Total Cost | Affordable Price | Required Payment in Lieu Amount |
|---|---|---|---|---|---|
$255,000 | $63,750 | $163,206 | $244,491 | $95,808 | $148,683 |
§ 455-21.2 Downtown Overlay Zone District.
[Added 3-6-2018 by Ord. No. 1533; amended 3-17-2026 by Ord. No. 1658]
A.
Purpose. The purpose of the Downtown Overlay Zone District is to create a realistic opportunity for the construction of low- and moderate-income housing in suitable portions of the Borough of Dumont's B2 Business Zone, and thereby help to address the fair share housing obligation of the Borough of Dumont under the New Jersey Fair Housing Act. The Downtown Overlay Zone District encourages the development of low- and moderate-income housing by allowing for higher densities and building heights; however, developers shall also have the option of developing in accordance with the underlying B2 Zone standards.
B.
Permitted uses. The uses permitted and prohibited in the Downtown Overlay Zone District shall be identical to those uses permitted and prohibited in the B2 Business Zone as set forth at § 455-9; provided, however, that any developer that elects to develop in accordance with the Downtown Overlay Zone District standards as set forth herein below shall be required to provide multifamily dwellings in all buildings.
C.
Multi-family residential requirements.
(1)
Multi-family residential shall be permitted to be developed at a maximum gross density of 22 dwelling units per acre, with the exception of the following parcels:
(a)
Dixon Avenue, Opposite West Shore Avenue: Block 822 Lots 5 and 6, whereon the maximum gross density shall be 29 dwelling units per acre.
(b)
Intersection of Washington and Madison Avenues:
[1]
Block 905 Lot 12 and Block 1214 Lots 1 and 2; whereon the maximum gross density shall be 24 dwelling units per acre.
[2]
Block 905 Lots 13, 14, 15, 16, and 17; Block 909 Lots 13, 14, and 15; and Block 1216 Lot 1; whereon the maximum gross density shall be 29 dwelling units per acre.
(c)
Intersection of dumont and washington avenues. Block 1217 Lots 1, 2, and 3; whereon the maximum gross density shall be 29 dwelling units per acre.
(2)
All multifamily development constructed within the Downtown Overlay Zone shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for purchase, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(3)
All affordable units to be produced pursuant to Subsection C(2) above shall strictly comply with the "Affordable Housing" chapter of the Borough Code[1] and the applicable COAH regulations, as may be amended from time to time.
[1]
Editor's Note: See Ch. 98, Affordable Housing.
(4)
The affordable units to be produced shall either be purchase or rental units, which shall be at the discretion of the developer.
(5)
A commercial use shall be required on the first floor and multifamily dwellings shall be provided in accordance with the standards of § 455-9A in the following circumstances:
(a)
Any building within the Downtown Overlay Zone that provides one or more commercial uses.
(b)
Any parcel within the Downtown Overlay Zone that has frontage along one or more of the following streets:
[1]
West Madison Avenue between Veterans Plaza and Washington Avenue.
[2]
East Madison Avenue between Washington Avenue and Thompson Street.
[3]
Washington Avenue between New York Avenue and Columbia Avenue.
[4]
Veterans Plaza between McKinley Avenue and West Madison Avenue.
(6)
Except as provided in Subsection C(5), above, multifamily dwellings shall be permitted on the first floor within the Downtown Overlay Zone.
(7)
Any property within the Downtown Overlay Zone that is listed as historic on the National Register of Historic Places and/or the State Register of Historic Places shall be exempt from the requirement to provide multifamily dwellings above the first floor.
D.
Bulk requirements. The bulk requirements for the Downtown Overlay Zone District shall be those as set forth in the Limiting Schedule which is hereby adopted and made a part of this chapter.[2]
[2]
Editor's Note: See § 455-35, Limiting Schedule.
E.
Buffer strips. The following buffer strip requirements shall apply to any use in the Downtown Overlay Zone District which adjoins or is adjacent to a single-family residential use or any land that is zoned for single-family residential use:
(1)
The use shall be screened along those portions of the property that are adjacent to or adjoin a single-family residential use or zone by a fence or fence wall of not less than five feet in height or with a four-foot planting strip consisting of shrubs or trees which are at least four feet high at the time of planting.
(2)
Such screening shall extend to the minimum setback line for the surrounding property.
F.
Construction of buildings in the Downtown Overlay Zone. Construction of buildings in the Downtown Overlay Zone District shall be consistent with the requirements for construction of buildings in the B2 Zone, as set forth at § 455-9H.
§ 455-21.3 Redevelopment Plan 1 (RP1) District.
[Added 5-1-2018 by Ord. No. 1536[1]]
A.
Definitions. As used in this section, the following items shall have the meanings indicated:
BUILDING HEIGHT
The vertical distance between the average finished ground elevation around the foundation of the building and the elevation of the highest point of the building if the roof is flat or, in the case of sloping roofs, to a point half the distance between the rafter plate and the uppermost point of the roof, inclusive of a parapet.
IMPERVIOUS COVERAGE
The area of a lot covered by impervious surfaces.
LOT AREA
The total area within the lot lines of a lot. To the extent that any property owner contributes, without consideration, lands for a county or municipal road improvement, all calculations utilizing the lot area shall be determined by the area of each respective lot prior to the contribution of lands for the stated purpose.
B.
Principal permitted uses:
(1)
Multifamily residential dwellings.
C.
Permitted accessory uses:
(1)
Attached garages for automobiles.
(2)
Off-street parking.
(3)
Clubhouse, pools and recreational/fitness amenities for use by residents and their guests.
(4)
Fences, fence walls, retaining walls.
(5)
Trash enclosures.
(6)
Signs.
(7)
Other accessory uses which are customary and incidental to the permitted principal uses.
D.
Bulk requirements.
Requirement | Block 212, Lot 20 | Block 215, Lot 1 |
|---|---|---|
Minimum lot area (acres) | 6 | 1 |
Minimum front yard setback (feet) | 25 | 15 |
Minimum rear yard setback (feet) | 25 | 15 |
Minimum side yard setback (feet) | 25 | 15 |
Minimum setback to parking spaces (feet) | 10 | 10 |
Maximum impervious coverage | 70% | 70% |
Maximum building coverage | 35% | 25% |
Maximum building height* (stories/feet)1 | 3/35 | 3/42 |
Maximum density (units per acre)2 | 22 | 22 |
NOTES: |
1 Except that up to 50% of the units may be contained in a building up to 42 feet in height. |
2 Up to a maximum of 146 residential units. |
E.
Affordable housing requirements.
(1)
Within the RP1 District, 15% (22 units) of the total number of units (146) in the development shall be set aside as affordable units. All affordable units shall be located on Block 215, Lot 1.
(2)
All affordable units to be produced pursuant to Subsection E(1) above shall be deed restricted for a minimum of 30 years, and shall strictly comply with the Affordable Housing Chapter[2] of the Borough Code and the applicable COAH regulations, as may be amended from time to time.
[2]
Editor's Note: See Ch. 98, Affordable Housing.
F.
Parking. Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards (RSIS).
G.
Landscape and buffer requirements.
(1)
Street trees shall be provided along all lot frontages on municipally owned streets and along all access drives consistent with the following:
(a)
Trees of the following species shall be planted 40 feet on center:
Chinese elm |
Coffeetree |
Greenspire linden |
Katsure tree |
Maidenhair tree |
October glory red maple |
Patmore ash |
Red sunset maple |
Regent scholartree |
Rosehill ash |
Shademaster locust |
Village green zelkova |
(b)
Trees of the following species shall be planted 50 feet on center:
Green mountain sugar maple |
London plane-tree |
Red oak |
Sovereign pin oak |
(c)
Trees shall be a minimum of three inches in caliper at time of planting.
(2)
Parking area shade trees.
(a)
Shade trees as listed in Subsection G(1) above shall be provided at the rate of one tree per every 10 parking spaces. The does not include any off-street parking space provided in a garage. Such trees may be provided within or adjacent to such off-street parking areas.
(b)
For the purposes of counting shade trees in accordance with the above, any tree planted within landscape islands internal to parking areas and any tree planted within 10 feet of the perimeter curbing of a parking area shall qualify as a parking area shade tree.
(c)
Trees shall be a minimum of three inches in caliper at time of planting.
(3)
Tract buffer.
(a)
A tract buffer shall be provided around the perimeter of Block 212, Lot 20, that is an average of 20 feet in width and a minimum of 10 feet in width. A tract buffer shall be provided around the perimeter of Block 215, Lot 1, that is an average of 15 feet in width and a minimum of 10 feet in width.
(b)
Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.
(c)
Buffer plants shall be the following size at the time of planting:
[1]
Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 10 feet in height, balled and burlapped.
[2]
Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.
[3]
Ornamental trees shall be planted at a minimum two-inch caliper and shall be a minimum of six feet in height, balled and burlapped.
[4]
Shrubs shall be of a variety that matures at a minimum height of six feet and shall be planted at a minimum of 30 inches in height. At least 50% of shrubs shall be evergreen.
(d)
Shade trees shall be considered deciduous trees that mature to a height of 50 or greater feet. Evergreen trees shall be considered trees which mature to a height of 40 or more feet and have a mature width of over 10 feet. Should narrower varieties of evergreens be proposed for buffer plantings, additional plants shall be required to achieve a visual screen.
(e)
Existing trees within the proposed buffer areas that are healthy shall be retained.
(f)
Proposed buffer plantings shall be arranged in a naturally staggered pattern and shall not be lined up in straight, single rows.
H.
Lighting standards.
(1)
Low-pressure sodium or mercury vapor lighting is prohibited.
(2)
Parking area lighting shall comply with the following standards:
(a)
Lighting fixtures shall be no more than 16 feet in height.
(b)
An average of 1.0 footcandle shall be maintained within parking areas and along all sidewalks.
(c)
Parking area fixtures shall be full cut off or have shields to prevent light spillage on adjacent properties. Footcandles shall be limited to a maximum of 0.5 footcandle at the property line where the RP1 District abuts existing single-family residences.
(d)
No lighting fixtures shall be within 10 feet of the property line.
I.
Building design standards.
(1)
Architecture.
(a)
All building facades shall consist of brick, stone, cast stone, stucco, simulated stucco, cedar shakes or other high-quality materials, such as Hardiplank, cementitious boards, cultured stone, etc.
(b)
Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections, such as balconies, canopies and recesses, shall be used to add architectural interest, variety and to relieve the visual effect of a simple, long wall. Similarly, dormers or gables shall be provided to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
[1]
The maximum spacing between building wall offsets shall be 60 feet.
[2]
The minimum projection or depth of any individual vertical offset shall not be less than one foot.
(c)
All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details.
(d)
Gable and hipped roofs shall be used. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall.
(e)
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
(f)
All entrances to a building shall be defined and articulated by architectural elements, such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
(g)
Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.
(2)
Trash enclosures.
(a)
Trash enclosures shall not be visible from any public street.
(b)
All trash enclosures shall be screened by a solid masonry wall on three sides and heavy-duty gate closures on the fourth side.
(c)
All trash enclosures shall be surrounded by a mixture of deciduous and evergreen plant species that are a minimum of six feet at the time of planting.
J.
Traffic study. The applicant shall submit a traffic study that shows traffic patterns on-site and off-site.
K.
Access. A copy of any and all development applications shall be submitted to the Borough of Dumont Fire Chief. Secondary means of access shall be at the discretion of the Fire Chief.
L.
Exemptions. Properties within the RP1 District are specifically exempted from the provisions of §§ 455-12, 455-17 and 455-18 of the Borough Zoning Code.
[1]
Editor's Note: This ordinance originally adopted this new section as § 455-21.1, but as a § 455-21.1 already existed in the Code, this new material was added as § 455-21.3.
§ 455-21.4 Hours of operation.
[Added 8-16-2022 by Ord. No. 1609]
A.
It is hereby declared to be the purpose of this section to regulate the closing hours of various retail businesses within the Borough of Dumont in order to avoid the noise, inconvenience and disturbance to residential areas within the Borough which are caused when retail establishments remain open during the late evening hours. It is hereby declared and determined to be in the best interest of the health, safety and welfare of the residents of the Borough of Dumont that the retail businesses regulated by this section cease the conduct of their business at a reasonable hour.
B.
"Retail business" is defined for this section to include any business which holds itself out to the public for the sale of retail goods and services on-premises, including food and beverages. This shall not include those businesses which have a valid liquor license or businesses making deliveries.
C.
Every retail business within the Borough of Dumont shall be closed to the public, and business with the public therein shall be and is hereby prohibited, after the hour of 12:00 midnight and before the hour of 5:00 a.m. of any day.
D.
All exterior and window electrical lighting or illumination, whether temporary or permanent, for each retail business shall be extinguished at the closing time of said business. The provisions of this subsection shall not apply to security lights.
E.
A contractor is prohibited from performing work of any kind between the hours of 7:00 p.m. and 7:00 a.m. in residential zones. "Contractor" means any person or company that provides goods or services to another person or company under terms specified in a contract or within a verbal agreement. A homeowner may perform home improvement or yard work at their own property between the hours of 7:00 a.m. and the later of 7:00 p.m. or dusk without violating this section. "Homeowner" means a person living in or owning a home.
§ 455-21.5 West Shore Avenue Overlay Zone District.
[Added 3-17-2026 by Ord. No. 1659]
A.
Purpose. The purpose of the West Shore Avenue Zone District is to create a realistic opportunity for the construction of low- and moderate-income housing along suitable portions of the Borough of Dumont's West Shore Avenue corridor and thereby help to address the fair share housing obligation of the Borough of Dumont under the New Jersey Fair Housing Act. The West Shore Avenue Overlay Zone District encourages the development of low- and moderate-income housing by allowing for higher densities and building heights; however, developers shall also have the option of developing in accordance with the underlying RA Zone standards.
B.
Permitted uses. The uses permitted and prohibited in the West Shore Avenue Overlay Zone District shall be identical to those uses permitted and prohibited in the RA Zone as set forth at § 455-9; provided, however, that any developer that elects to develop in accordance with the West Shore Avenue Overlay Zone District standards as set forth hereinbelow shall instead:
(1)
Be required to provide multifamily dwellings in all buildings; and
(2)
Be subject to permitted and prohibited uses that shall be identical to the B2 Business Zone, except that no commercial use shall be required and multifamily dwellings shall be permitted on the first floor when no commercial use is provided.
C.
Multi-family residential requirements.
(1)
Multi-family residential shall be permitted to be developed at a maximum gross density of 22 dwelling units per acre.
(2)
All multifamily development constructed within the West Shore Avenue Overlay Zone shall be required to set aside a minimum number of units for affordable housing as follows:
(a)
All parcels within the West Shore Avenue Overlay Zone shall set aside a minimum percentage of units for affordable housing. Where units will be for purchase, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(b)
Notwithstanding Subsection C(2)(a), above, Block 904 Lot 43 shall have a minimum set aside of either two units for affordable housing or as prescribed in Subsection C(2)(a), above, whichever results in the greater number of affordable units.
(3)
All affordable units to be produced pursuant to Subsection C(2) above shall strictly comply with the "Affordable Housing" chapter of the Borough Code[1] and the applicable COAH regulations, as may be amended from time to time.
[1]
Editor's Note: See Ch. 98, Affordable Housing.
(4)
The affordable units to be produced shall either be purchase or rental units, which shall be at the discretion of the developer.
(5)
Any property within the West Shore Avenue Overlay Zone that is listed as historic on the National Register of Historic Places and/or the State Register of Historic Places shall be exempt from the requirement to provide multifamily dwellings above the first floor.
D.
Bulk requirements. The bulk requirements for the West Shore Avenue Overlay Zone District shall be those as set forth in the Limiting Schedule which is hereby adopted and made a part of this chapter.[2]
[2]
Editor's Note: See § 455-35, Limiting Schedule.
E.
Buffer strips. The following buffer strip requirements shall apply to any use in the West Shore Avenue Overlay Zone District which adjoins or is adjacent to a single-family residential use or any land outside of the West Shore Avenue Overlay Zone District that is zoned for single-family residential use:
(1)
The use shall be screened along those portions of the property that are adjacent to or adjoin a single-family residential use or zone by a fence or fence wall of not less than five feet in height or with a four-foot planting strip consisting of shrubs or trees which are at least four feet high at the time of planting.
(2)
Such screening shall extend to the minimum setback line for the surrounding property.
F.
Construction of buildings in the West Shore Avenue Overlay Zone. Construction of buildings in the West Shore Avenue Overlay Zone District shall be consistent with the requirements for construction of buildings in the B2 Zone, as set forth at § 455-9H.
§ 455-21.6 Washington Avenue Overlay Zone District.
[Added 3-17-2026 by Ord. No. 1660]
A.
Purpose. The purpose of the Washington Avenue Zone District is to create a realistic opportunity for the construction of low- and moderate-income housing along suitable portions of the Borough of Dumont's Washington Avenue corridor and thereby help to address the fair share housing obligation of the Borough of Dumont under the New Jersey Fair Housing Act. The Washington Zone District encourages the development of low- and moderate-income housing by providing for redevelopment consisting of multi-family residential uses, with an affordable housing set-aside.
B.
Permitted uses. The uses permitted and prohibited in the Washington Avenue Overlay Zone District shall be identical to those uses permitted and prohibited in the RA Zone as set forth at § 455-9; provided, however, that any developer that elects to develop in accordance with the Washington Avenue Overlay Zone District standards as set forth hereinbelow shall instead be required to provide multifamily dwellings in all buildings.
C.
Multi-family residential requirements.
(1)
Multi-family residential shall be permitted to be developed at a maximum gross density of 20 dwelling units per acre.
(2)
All multifamily development constructed within the Washington Avenue Overlay Zone shall be required to set aside a minimum of 20% of all units for affordable housing. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
(3)
All affordable units to be produced pursuant to Subsection C(2) above shall strictly comply with the "Affordable Housing" chapter of the Borough Code[1] and all applicable laws and regulations, as may be amended from time to time.
[1]
Editor's Note: See Ch. 98, Affordable Housing.
(4)
The affordable units to be produced shall either be purchase or rental units, which shall be at the discretion of the developer, and subject to one or more deed restrictions.
D.
Bulk requirements. The bulk requirements for the Washington Avenue Overlay Zone District shall be those as set forth in the Limiting Schedule which is hereby adopted and made a part of this chapter.[2]
[2]
Editor's Note: See § 455-35, Limiting Schedule.
