Dunellen City Zoning Code
ARTICLE VI
District Regulations
§ 115-34 RA Single-Family Residential District.
[Amended 4-9-2007 by Ord. No. 07-04; 7-1-2024 by Ord. No. 2024-15]
B.
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including, but not limited to, those specified below, shall be permitted:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 115-38 are complied with:
D.
Height, area, and yard requirements: as specified in the Schedule of Regulations, § 115-6, except as hereinafter provided:
E.
Occupancy requirements.
(1)
Occupancy of dwelling units. Every dwelling unit shall contain a minimum floor area of 150 square feet for the initial occupant, plus 100 square feet for each occupant thereafter. At least 50% of the minimum floor area shall have a minimum ceiling height of seven feet.
(2)
Occupancy of sleeping rooms.
(a)
Every room utilized for sleeping purposes shall have a minimum area of 70 square feet for the initial occupant and 50 square feet of additional floor area for each additional occupant. At least 50% of this floor area must have a minimum ceiling height of seven feet.
(b)
The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area in the room for determining the maximum permissible occupancy thereof.
(c)
Independent rooming units shall be rented for occupancy or occupied by adults and emancipated minors only, limited to total occupancy by two persons.
(3)
Lighting. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area measured between the stops for every habitable room shall be 8% of the floor area of such room.
(4)
Ventilation. Means of ventilation shall be provided for every habitable room. Such ventilation may be provided by either an easily opening widow or skylight having an operable area of at least 50% of the minimum window or skylight area or by mechanical means that provide at least two air changes per hour.
(5)
Cellars and basements for sleeping purposes. Cellars and basements may only be used for sleeping purposes if the following conditions have been met.
(a)
A minimum finished ceiling height of seven feet is required.
(b)
The walls and floors in contact with the earth must be damp-proofed in accordance with a method approved by the Administrative Authority.
(c)
The provisions cited under lighting and ventilation [§ 115-34E(3) and (4)] must be observed.
(6)
Egress.
(a)
Every dwelling unit or lodging unit shall have safe and unobstructed means of egress. Such means shall not be through another dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to the street.
(b)
A room for sleeping purposes shall have safe and unobstructed means of egress leading to an outside area accessible to the street.
(c)
A rented room for sleeping purposes shall comply with all of the above. Such a room shall not have a keyed lock on the access door. Privacy locks which only lock mechanically from the inside are permitted.
§ 115-35 RB Single-Family and Two-Family Residential District.
[Amended 4-9-2007 by Ord. No. 07-04; 7-1-2024 by Ord. No. 2024-15]
A.
Permitted principal uses. No building, structure, or premises shall be used and no building or structure shall be erected or structurally altered, except of the following uses:
B.
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including, but not limited to, those specified below, shall be permitted:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 115-38 are complied with:
D.
E.
Occupancy requirements.
(1)
Occupancy of dwelling units. Every dwelling unit shall contain a minimum floor area of 150 square feet for the initial occupant, plus 100 square feet for each occupant thereafter. At least 50% of the minimum floor area shall have a minimum ceiling height of seven feet.
(2)
Occupancy of sleeping rooms.
(a)
Every room utilized for sleeping purposes shall have a minimum area of 70 square feet for the initial occupant and 50 square feet of additional floor area for each additional occupant. At least 50% of this floor area must have a minimum ceiling height of seven feet.
(b)
The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area in the room for determining the maximum permissible occupancy thereof.
(c)
Independent rooming units shall be rented for occupancy or occupied by adults and emancipated minors only, limited to total occupancy by two persons.
(3)
Lighting. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area measured between the stops for every habitable room shall be 8% of the floor area of such room.
(4)
Ventilation. Means of ventilation shall be provided for every habitable room. Such ventilation may be provided by either an easily opening widow or skylight having an operable area of at least 50% of the minimum window or skylight area or by mechanical means that provide at least two air changes per hour.
(5)
Cellars and basements for sleeping purposes. Cellars and basement may only be used for sleeping purposes if the following conditions have been met.
(a)
A minimum finished ceiling height of seven feet is required.
(b)
The walls and floors in contact with the earth must be damp-proofed in accordance with a method approved by the Administrative Authority.
(c)
The provisions cited under lighting and ventilation [§ 115-35E(3) and (4)] must be observed.
(6)
Egress.
(a)
Every dwelling unit or lodging unit shall have safe and unobstructed means of egress. Such means shall not be through another dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to the street.
(b)
A room for sleeping purposes shall have safe and unobstructed means of egress leading to an outside area accessible to the street.
(c)
A rented room for sleeping purposes shall comply with all of the above. Such a room shall not have a keyed lock on the access door. Privacy locks which only lock mechanically from the inside are permitted.
§ 115-36 B Business District.
A.
Permitted principal uses. No building, structure, or premises shall be used and no building or structure shall be erected or structurally altered, except for the following:
B.
Permitted accessory uses and buildings. Uses and buildings incidental to the conduct and operation of the principal use shall be permitted.
C.
Conditional uses. The following conditional uses may be permitted, provided that all the terms and conditions specified for the particular use in § 115-38 are complied with:
D.
Height, area, and yard requirements: as specified in the Schedule of Regulations, § 115-6, except as hereinafter provided:
(1)
No front yard setback shall be required on any structure in existence as of the time of adoption of this chapter.
(2)
Where a proposed nonresidential use abuts said residential use or a lot which was developed for a residential use prior to the initiation of the nonresidential use on the subject property, an eight-foot-wide buffer strip, designed in accordance with the requirements of § 115-41, shall be provided in all rear or side yards which abut said residential use. A street right-of-way shall not be considered in place of a required buffer strip.
E.
Off-street parking requirements: as specified in Chapter 115A, Land Development, and any amendments thereto.
G.
Prohibited diagonal entrances.
[Added 5-1-2006 by Ord. No. 06-05]
(1)
Diagonal, corner, entrances are prohibited.
(2)
All ingress and egress passageway from the exterior to the interior of a structure in a Business District shall be located so that they shall not create, or be part of, a corner of the building. Said entrances shall not be part of a combined front and side wall, but must be isolated to the front wall so that its presence does not encompass in whole, or in part, two adjoining walls.
(3)
This section shall not apply to corner lots.
§ 115-36.1 I Industrial Zone.
[Added 8-2-2021 by Ord. No. 2021-20; amended 4-4-2022 by Ord. No. 2022-10]
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except of the following uses:
(1)
Offices for executive, administrative, professional and business purposes.
(2)
Light industrial manufacturing, processing and assembling of products.
(3)
Warehousing, receiving or shipping of materials, provided that such materials are not of a hazardous nature.
(4)
The manufacturing, compounding, processing or packaging of food, cosmetics, perfumes, plastics of a type not producing odors.
(5)
Research institutions and laboratories or industrial research, testing and product development providing there is no use of hazardous materials or testing on animals.
(6)
Wholesale facilities.
(7)
Brewery.
(8)
Distillery.
(9)
Winery.
(11)
Public utilities.
(12)
Public uses and facilities, recreational uses, community centers, and parks.
(13)
Film studios.
(14)
Production facilities.
(15)
Other uses that are determined by the Board to be of the same character as the above types of permitted principal uses which are not objectionable due to odor, dust, noise, vibration, smoke or similar causes but excluding uses specifically prohibited in this chapter.
B.
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses shall be permitted as provided:
(1)
Off-street parking, loading and ramp areas.
(2)
Outdoor storage provided such storage is not situated within a front yard and is sufficiently screened form view from any public or private street or residence or residential zone.
(3)
Tractor and trailer storage as accessory to warehouse and distribution uses provided the trailers are not utilized for the long-term storage of goods.
(4)
Other uses deemed to be accessory uses that are normally ancillary to the permitted principal uses, except that factory-outlet-type retail stores and sales shall not be considered an accessory use.
C.
Conditional uses. The following conditional uses may be permitted, provided all terms and conditions specified for the particular use in § 115-37 are complied with:
(1)
Gasoline service stations.
(2)
Public garages and automotive repair facilities.
(3)
Cellular towers and cellular communications equipment (N.J.S.A. 40:55D-46.2 of the MLUL regulates the colocation of wireless communication equipment. The Borough retains jurisdiction for the installation of new towers and equipment).
D.
Prohibited uses. The following uses are specifically prohibited:
(1)
Any use not specifically permitted or determined by the Board to be of the same character as permitted principal uses listed previously are prohibited.
(2)
Residences of any type permitted in the RA and RB Zones.
(3)
Trucking depots or terminals or truck maintenance facilities.
(4)
Slaughterhouses and/or the keeping of farm animals.
(5)
The manufacturing, processing, storage of chemicals, liquids, gases or other products that are considered hazardous and/or regulated by the NJDEP or EPA.
E.
Height, area and yard requirements for the I-Industrial Zone: as specified in the Schedule of Regulations, § 115-6, except as hereinafter provided:
(1)
Minimum lot area: 10,000 square feet.
(2)
Maximum building height: 40 feet. The height of any structure within the I-Industrial Zone may be increased up to 50 feet, provided for any increase of in five-foot increments, an additional five feet shall be added to each required setback. No parapet, false facade, rooftop or mechanical equipment may exceed 40 feet in height except with the increase of all setbacks as provided above.
(3)
Minimum front setback: 20 feet. For any structure existing prior to the establishment of this code, provided the structure is not demolished, modified, or added onto, may maintain the existing front setback.
(4)
Minimum side setback: five feet. When adjacent to a residence or residential zone, the required side setback shall be a minimum of 25 feet.
(5)
Minimum rear setback: 10 feet. When adjacent to a residence or residential zone the required rear setback shall be a minimum of 25 feet.
(6)
Maximum building coverage: 40%.
(7)
Maximum lot coverage: 75%.
(8)
Minimum parking/driveway setback: five feet. When adjacent to a residence or residential zone the required setback shall be a minimum of 25 feet.
I.
Buffers and landscaping requirements: as specified within § 115-41, except provided below:
(1)
All new parking areas are required to have a minimum of one deciduous shade tree planted for every 10 parking stalls or part thereof. The shade trees must be installed within parking area islands or within five feet of the perimeter of the new parking area.
(2)
All new parking areas are required to have one curbed landscaped island for each 30 parking stalls or part thereof.
(3)
When adjacent to or abutting a residence or residential zone a minimum planted buffer of 25 feet shall be provided. The planted buffer shall include solid fencing and evergreen plantings a minimum of eight feet in height at time of planting. The minimum planting size may be increased at the discretion of the Board. Structures or uses such as, but not limited to, sheds, storage, refuse enclosures and curbing are not permitted within the buffer area.
§ 115-37 M Municipal District.
A.
Permitted principal uses. No building, structure, or premises shall be erected, structurally altered, or used except for the following uses:
(1)
Governmental uses conducted by the Borough of Dunellen or the Borough of Dunellen Board of Education.
B.
Accessory uses. Uses and buildings incidental to the conduct and operation of the principal use.
C.
Height, area, and yard requirements. Off-street parking requirements, landscaping requirements and signs shall be presented for approval by the Planning Board.