A.

Designation of Zones. For the purposes of this chapter, the city is divided into zones, differentiated according to use and building regulations and to be designated as follows:

B.

Zoning Map. The location and boundaries of the zones are established as shown on the zoning map of the city dated March 27, 1962, which is attached hereto and is made a part of this chapter. Such map or maps and all notations, references and designations shown thereon shall be, as such, a part of this chapter as if the same were all fully described and set forth herein.

C.

Designation of Zone Boundaries. The zone boundary lines are intended generally to follow the boundary lines of streets, the centerlines of railroad rights-of-way, existing lot lines for lots of record, the mean water level of rivers, streams and other waterways or city boundary lines and to intersect street lines at right angles, all as shown on the zoning map. Its position may be shown on said zoning map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated. To satisfy the intent of this chapter, a mapped zone boundary line which does not follow a lot line of a lot of record shall be adjusted as follows:

1.

Where the zone boundary line is within twenty-five (25) feet of a lot line of a lot of record, the lot line shall be considered the zone boundary line, or

2.

Where within a lot of record a zone boundary line intersects a street line at an angle other than ninety (90) degrees, said line shall be adjusted to follow a lot line of a lot of record within twenty-five (25) feet of an imaginary line extending perpendicular from street line to a point at which such line first intersects both the mapped line and an interior lot line.

D.

Extension of Zone Boundaries. Where a public street right-of-way is vacated, the adjacent zone shall be deemed to extend to the former centerline of the street right-of-way, and where the mean water level of a waterway is altered by approved fill, the adjacent zone shall be deemed to extend to the limit of the fill.

E.

Reserved.

F.

Planned Development. As an alternative to conventional development, the planning board may authorize planned developments for areas designated PD in accordance with plans and proposals which conform to the requirements of this section. The standards herein establish the limits of discretionary action which may be taken by the approving authority administering these provisions. No deviation from these standards may be granted pursuant to N.J.S.A. 40:55D-70.

1.

Standards for Type, Density or Intensity of Use. Planned developments may be approved by the planning board in conformity with the standards governing the type, and density, or intensity, of use set forth by this subsection and those set forth for each PD designated area.

a.

The minimum tract size shall be five acres.

b.

All residential developments shall be designed as residential clusters.

c.

All lands remaining outside of public streets, building lots and any other parcels approved for special purposes shall be set aside as open space. The boundaries of any open space parcels shall be designed to coincide with adjoining open space parcels, whether existing or proposed, so as to extend and expand upon an overall open space network for the city.

2.

Variations of Standards. The type and density or intensity shall be varied from that otherwise permitted within a planned development in consideration of the amount, location and proposed use of common open space; the location and physical characteristics of the site; and the location, design and type of dwelling units and other uses as set forth by this subsection.

a.

Gross density/intensity shall be reduced in direct proportion to the extent that the improvable area of the tract is less than the minimum established for the PD designated area.

b.

Gross density shall be reduced in direct proportion to the extent that the site is to be developed for nonresidential uses, other than open space, for each PD designated area.

3.

Deviations within Planned Developments. Within planned developments, deviations in the standards for type, density or intensity of use may be authorized by the planning board by designating areas to be developed under different standards in accordance with the limitations set forth by this subsection and those set forth for each PD designated area.

a.

A land use map delineating and classifying areas for each variation shall be established for all planned developments. Land use maps shall be approved where the planning board finds the following requirements to be satisfied:

i.

The land use proposals are consistent with the policies articulated in the adopted master plan as relates to land use, community facilities and housing.

ii.

The open space proposals protect any special environmental features by preserving land in an open undeveloped state, create suitable areas for organized outdoor recreation, and are consistent with the policies articulated in the adopted master plan as relates to open space and environmental features.

iii.

The circulation proposals provide for a closed traffic circulation system, provide a pedestrian path network linking all parts of the development, and are consistent with the policies articulated in the circulation element of the adopted master plan.

iv.

The utilities proposals are consistent with the policies articulated in the adopted master plan as relates to stormwater management, utilities, local services and fiscal impact on the county, municipality and special districts including the local school district.

v.

The overall proposals are consistent, inasmuch as is reasonably practicable, with other existing, planned or potential developments.

b.

Classifications for land use areas shall correspond with the optional zone classifications enumerated for each PD designated area. Substitute classifications may be approved by the planning board to accommodate substitute bulk standards and shall be consistent with this section as follows:

i.

Substitute classifications shall provide for the type, density, or intensity, or use.

ii.

Substitute classifications shall provide uniform standards which are of equal stringency for the type, density, or intensity, or use.

iii.

Substitute classifications shall provide standards which are consistent with the limitations established for the PD designated area.

c.

Bulk Standards. The standards for the design, bulk and location of buildings for planned developments shall be evaluated by the planning board and approved where they are found to be in conformity with the regulations set forth by this subsection and those set forth for each PD designated area.

i.

The standards employed shall be those standards for the zones which correspond to the land use classifications established for each delineated land use area. The planning board may approve substitute bulk standards as follows:

a.

Substitute bulk standards shall provide for: minimum lot area, width, and depth; minimum setbacks along streets and other lot lines; maximum lot coverage; maximum floor area ratio; minimum improvable tract area and general design standards for multifamily residential development; exceptions for accessory buildings; requirements for parking, landscaping, lighting and other improvements.

b.

Substitute bulk standards shall provide standards which are of equal or greater stringency to the corresponding zones with respect to: minimum lot area; maximum building height measured in feet and stories; maximum floor area ratio; and minimum improvable tract area for multifamily residential development.

c.

The planning board shall notify the governing body and tax assessor, by adopted resolution, within five days of approval, of the approval of substitute bulk standards for any planned development.

d.

Zoning. Changes in zoning effectuated through the planned development approval shall be recorded on the zoning map.

i.

Upon approval, the area comprising an approved planned development shall be delineated along with the name and date of approval of the proposed planned development on the zoning map.

ii.

The zoning standards shall be recorded through deed restrictions upon final approval and the zoning map shall be periodically amended to reflect the completion of sections of a planned development.

iii.

Plans. Development shall be in conformity with site plans, subdivisions and any general development plan as approved by the planning board.

(Ord. No. 5499, §§ 1, 2, 11-23-2021; Ord. No. 5500, § 1, 7-27-2021; Ord. No. 4695, § 1, 4-12-2016; prior code § 40-116)

A.

Schedules of Requirements. The restrictions and controls intended to regulate development in each zone district are set forth in the attached Schedules IA, II, III and IB, which are supplemented by other sections of this chapter.

B.

Application of Regulations. Except as hereinafter otherwise provided:

1.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.

2.

No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

3.

No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any builthng be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.

4.

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

5.

Where a use is specifically enumerated in a less restrictive zone, such use shall not be permitted in a more restrictive zone unless it is specifically enumerated as a permitted use therein.

(Ord. No. 4373, § 1, 5-14-2013; prior code § 40-117)

A.

Accessory Uses. Uses which are customarily associated with and subordinate to a principal use, including but not limited to off-street parking, customary home occupations and storage, may be permitted subject to the following restrictions:

1.

Accessory parking in residential zones shall be limited to passenger vehicles, except that not more than one of the following may be maintained for the exclusive use of the occupants of the principal residential structure, provided that off-street parking in accordance with Sections 17.40.010 and 17.40.040 is provided:

a.

A commercial truck or van not more than five thousand (5,000) pounds in gross weight to be stored in a garage.

b.

A trailer, recreational vehicle or boat not more than twenty-five (25) feet in length to be stored in a rear yard.

2.

Home occupations may be conducted within a principal or accessory residential structure, provided that:

a.

Not more than one home occupation is conducted on an individual lot.

b.

No persons other than occupants of the dwelling are involved or employed on premises in the home occupation except in the case of a professional office where not more than one resident person may be employed.

c.

The occupation is conducted within an enclosed building and does not involve outdoor storage or utilize more than thirty (30) percent of the floor area of the dwelling unit.

d.

Yard or garage sales do not occur more often than once in any three-month period.

e.

The occupation does not involve child care for more than five children.

f.

The occupation does not involve commercial vehicles for the delivery of materials to or from the premises.

g.

The following characteristics do not differ from that expected in a residential neighborhood:

i.

The appearance of the premises, including colors, materials, construction, lighting or signs.

ii.

The risk due to the nature or volume of materials stored.

iii.

The creation of noise, vibration, dust, smoke, odor, glare or electrical interference.

iv.

The volume and frequency of vehicular or pedestrian traffic. Any parking needs shall be met off-street in other than a front yard.

v.

The combined use by a dwelling and home occupation of water, sewer, electricity or refuse collection.

3.

Amusement games or entertainment machines or devices or music machines or devices may be operated as an accessory to any principal retail, personal service, entertainment or indoor amusement use, provided that the area devoted to such use does not exceed one thousand (1,000) square feet or thirty (30) percent of the street or ground level of the building in which it is conducted.

B.

Temporary Tract Office. A temporary tract office shall be a temporary building, structure or trailer, which shall not exceed five hundred (500) square feet. A temporary office is permitted in any district on the property to which it is appurtenant and shall be limited to a six-month period, except for construction projects which shall be permitted for a one-year period. At the expiration of this time the tract office shall be removed at the expense of the owner. If the temporary office is not removed within thirty (30) days of notification from the building or zoning official, than the city may fine the offender one thousand dollars ($1,000.00) per month and the city may remove said office at owner's expense. The building official may issue a six-month extension if the owner supplies a justifiable reason in writing to the city. Such temporary office may also be conducted in a building in a housing development as a real estate office for said development and may remain in place until said development is sold out.

C.

Outdoor Storage Areas. Such uses shall be governed by the following provisions to protect the public health, safety, comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof:

1.

Flammable and Explosive Liquids. No highiy flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

2.

Fencing and Setbacks. All outdoor storage facilities abutting, adjacent to or across from any residential district or otherwise visible from any residential district or public way shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property as provided in Chapter 17.32 of this title.

3.

Deposit of Wastes.

a.

No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off of such premises by natural causes or forces. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents, insects or animals shall be stored outdoors only in closed containers within a garbage collection area.

b.

All dwellings containing three or more dwelling units shall provide closed containers for the storage of refuse and recyclable materials. The capacity of such containers shall be consistent with anticipated accumulation and removal rates. Storage areas shall be designed to protect against the spread of litter, infestations of vermin, persistent odors, saturation by precipitation or flooding and the theft of valuable materials. Storage areas shall be situated so as to provide unobstructed access. Appropriate directional signage and labeling shall be provided and containers for recyclable materials shall be clearly distinguished from refuse storage containers.

4.

Outdoor Storage for Wholesale, Warehouse, and Storage Uses in the MRC-1 Zone.

a.

Incidental storage of materials (i.e. trash and recyclables removal) and short-term storage of equipment related to the permitted use out of doors shall be shielded from any adjacent public streets or residential areas by fencing, landscaping, or other appropriate measures up to ten (10) feet in height and shall not be within the existing or required yard areas facing the street or streets.

b.

For warehouse uses, the outdoor storage of materials which are used as part of the everyday business operations or manufactured or processed as part of the business operation shall be permitted up to an area equal to ten (10) percent of the gross floor area of the building it is serving, and located within a paved portion of the site, subject to the screening requirements set forth in subsection 4.a above.

c.

For all other uses, the outdoor storage of materials which are used as part of the everyday business operations or manufactured or processed as part of the business operation shall be prohibited. All other materials shall be stored within the building.

d.

The outdoor storage of any vehicles in disrepair and/or without current registration shall be prohibited for all uses within the zone.

D.

Hotels, Motels, Motor Court and Motor Hotel Units. Such uses shall be governed by the following provisions:

1.

Each rentable unit shall have a minimum floor area of one hundred fifty (150) square feet, exclusive of bathroom facilities.

2.

Each rentable unit shall have a minimum of one bedroom and a bathroom with shower and toilet.

E.

Enclosure of open porches existing prior to 1950 may be allowed as follows:

1.

In any required side yard.

2.

In any required front yard in locations specified as part of the city master plan where such development meets one of the following conditions:

a.

Where off-street parking spaces are provided in accordance with Section 17.40.040.

b.

Where required off-street parking spaces are not provided and the building setback, exclusive of projections, is less than nineteen (19) feet.

c.

Where required off-street parking spaces are not provided and the setback of the enclosed porch would be nineteen (19) feet or greater.

F.

Use and occupancy of any structure containing three or more dwelling units is subject to and conditioned upon an equitable distribution of accessory parking spaces, among tenants occupying the structure. Where a ratio of one parking space to each dwelling unit is equaled or exceeded, use and occupancy is further conditioned upon the tenants of each dwelling unit having included in their leasehold sufficient parking for at least one automobile. Parking spaces required for a residential structure shall not be leased to any party other than a resident of the structure.

G.

Eating and Drinking Estab1ishments. Such uses shall be governed by the following provisions:

1.

Standard table/counter service restaurants, which include the serving of foods by an employee at the table or counter at which they are to be consumed, shall be permitted in all commercial districts, provided that no such restaurant containing more than twenty (20) seats shall be allowed in the C-1 district.

2.

Self-service restaurants, which include the serving of foods at a window or counter where a seating area for consumption is provided, shall be permitted as follows:

a.

In all C-4 zones.

b.

In all C-3 zones provided that not less than forty (40) seats are provided.

c.

In all C-2 zones provided that not less than twenty (20) seats are provided.

3.

Walkup window service restaurants, which include the serving of foods at a window or counter where no seating area for consumption is provided, shall be permitted in the C-4 district only.

4.

Curbside/carhop service, which includes the serving of foods to consumers in automobiles which drive up to a serving area, shall be permitted in the C-4 district only.

5.

Driveup window service, which includes the serving of foods to consumers in automobiles where no drive up serving area is used shall be permitted in the C-4 district only, provided that sufficient vehicular staging for a ten (10) minute wait is provided where adequate seating is available and adequate staging for a twenty (20) minute wait otherwise and further provided that no parking area shall be provided downstream of the service window.

6.

All restaurants which serve food in disposable containers shall be subject to the following refuse preventative measures:

a.

Fencing of all outdoor areas other than front yards.

b.

Provision for waste cleanup on site and in all public areas within a radius of eighty (80) feet.

c.

Provision of waste receptacles at all public walkup windows, parking areas and outdoor eating areas.

7.

Exit driveways for walkup window, driveup window, curbside/carhop or self-service restaurants which are situated on the approach side of an intersection shall be located at least forty (40) feet from such intersection.

H.

Mandatory Recycling Program. Compliance with the foregoing,and in particular Sections 8.36.010 through 8.36.070 of this code shall be required in all applications for site plan approval by all applicants required to file site plans.

I.

Utility Screening. Utility meters mounted to the outside of any non-residential building shall conform with the following standards:

a.

Utility meters shall not be located on the façade of a building facing any public right-of-way.

b.

Utility meters located on the façade of a building shall be screened from view by any or any combination of the following:

i.

Building mounted screening shall utilize materials and/or colors that are similar to the building façade.

ii.

Landscaping may be used as screening where possible.

c.

All new construction shall provide appropriate sized alcoves designed to house any outdoor meters that are building mounted.

(Ord. No. 5743, § 3, 12-13-2022; Ord. No. 5499, §§ 10, 11, 11-23-2021; Ord. No. 4373, § 2, 5-14-2013; prior code § 40-118)

A.

Parking Buffers.

1.

Between any garage entry or any driveway gate and any street line, a buffer sufficient to accommodate vehicles for which the garage or driveway is designed shall be required.

2.

Between a dwelling window located at or below grade and any parking stall, a six-foot buffer shall be required.

B.

Residential Property or Zone Lines. Buffers shall be required betwen any structure and a residential property or zone line as follows:

C.

Uses in Buffer Areas. No use shall be established in a buffer area except the following:

1.

Driveways necessary to provide proper means of ingress and egress.

2.

Directional signs in conjunction with driveways which are necessary for the proper guidance and control of vehicular traffic.

3.

Landscape screening or fencing.

4.

Accessory uses permitted within the adjacent zone.

(Prior code § 40-120)

For each residential structure on an individual zone lot, bedroom density shall not exceed the maximum density permitted in the district in which such structure is located, as specified in Schedule IB.

(Prior code § 40-121)

A.

General application. Permitted and conditional uses enumerated in any C or M district, and uses accessory thereto, shall be subject to the following performance standards and procedures.

B.

Procedures Enforcement.

1.

Prior to Construction and Operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement filed by the owner of subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.

2.

Continued Compliance. Continued compliance with performance standards is required and shall be enforced by the building inspector.

3.

Termination of Violation. All violations shall be terminated within thirty (30) days or shall be deemed a separate violation for each day following, and violators shall be subject to fines as set forth herein.

C.

Regulation of Nuisance Elements.

1.

Definition of Nuisance Elements. A nuisance element is any noise, radioactivity, vibration, glare, smoke, odor, air pollution or dust which exceeds the performance standards established under this section.

2.

Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at:

a.

Any residential property line, for noise, vibration, glare and dust.

b.

Anywhere within the city, for elements involving radioactivity, smoke and other forms of air pollution.

c.

The zone district boundary line, for odor.

D.

Radioactivity. No activities shall be permitted which cause radioactivity in violation of Title 10, Chapter I, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, dated June 16, 1957, or any subsequent revision or amendment thereto.

E.

Noise.

1.

At the points of measurement specified in subsection (C)(2), the maximum sound-pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table I, II and III. The sound pressure level shall be measured with a sound level meter meeting ANSI (American National Standards Institute) S1.4 or the latest revision thereof.

2.

Sound level is the measured level of a sound expressed in dB (decibels) re 0.0002 microbar, obtained using a sound level meter. Sound levels include all factors inherent in measuring with a sound level meter including microphone frequency response, amplifier characteristics, meter damping, observer effects and weighting networks.

3.

The sound pressure level, in dB (decibels), of sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to the reference sound pressure. Sound pressure level is measured with a sound level meter meeting ANSI (American National Standards Institute) S1.4 or the latest revision thereof.

4.

No person shall cause, suffer, allow or permit sound from any industrial or commercial operation which, when measured at any residential property line, is in excess of any of the following:

a.

From 7:00 a.m. to 10:00 p.m.

i.

Continuous airborne sound which has a sound level in excess of sixty-five (65) dBA.

ii.

Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:

Table I

iii.

Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.

b.

From 10:00 p.m. to 7:00 a.m.

i.

Continuous airborne sound which has a sound level in excess of fifty (50) dBA.

ii.

Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:

Table II

iii.

Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.

c.

No person shall cause, suffer, allow or permit sound from any industrial or commercial operation which, when measured at the property line of any other commercial operation, is in excess of any of the following:

i.

Continuous airborne sound which has a sound level in excess of sixty-five (65) dBA.

ii.

Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one ir or more octave bands:

Table III

iii.

Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.

5.

Enforcement of subsections C and E shall be by the department of health, welfare and housing.

F.

Vibration. No vibration which is detectable without instruments at the points of measurement specified in subsection (C)(2) shall be permitted.

G.

Glare. No direct or sky-reflected glare, whether from flood lights or from high-temperature processes such as combustion or welding, shall be visible at the points of measurement specified in subsection (C)(2).

H.

Smoke. No emission of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., copyright 1954 (being a direct facsimile reproduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines), shall be permitted. Visible gray smoke of a shade equal to No. 3 on the chart may be emitted for not more than three minutes in any fifteen (15) consecutive minutes when a firebox is cleaned or when a new fire is built.

I.

Odors. No emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments shall be permitted.

J.

Dust. Solid or liquid particles shall not be emitted in concentrations exceeding three-tenths grain per cubic foot of the conveying gas or air.

K.

Fly Ash.

1.

No emission of any fly ash shall be permitted to be discharged from any stack or chimney into the open air in excess of the quantity set forth in the following table.

Fly Ash

2.

For heat content between any two consecutive heat contents, the fly ash limitation shall be as determined by interpolation.

(Prior code § 40-122)

Conditional uses shall be permitted under the same restrictions as permitted principal uses, provided that the required conditions specified in Schedule III are met.

(Prior code § 40-123)

Specificially prohibited from any zone district in the city is the manufacture of explosives and the permanent and/or continual use of any lands upon which there shall be conducted or maintained any business, operation or process for the cleaning, maintenance, repair, renovating, painting, servicing, storing or emptying used portable toilets or other tanks or containers used in connection therewith containing human waste, including the emptying of the contents thereof into any container, waste line or sewer line, including the waste or sewer lines or pipes contained within the city sewerage system, and aircraft landing facilities except as otherwise provided in this title.

(Prior code § 40-124)

Nonconforming uses shall be regulated as follows:

A.

Continuation of Use. A use, building or structure lawfully in existence at the effective date of any ordinance codified in this chapter, which shall be made nonconforming at the passage of this chapter, or any applicable amendment thereto, may be continued, except as otherwise provided in this chapter. Any person with an interest in any land upon which a nonconforming use or structure exists may apply in writing to the zoning administrative officer for "certificate of non-conformity" stating that the use or structure preexisted the adoption of any ordinance which rendered the use or structure nonconforming. The applicant shall bear the burden of proof. Application pursuant to this provision can be made to the city zoning officer within one year of the adoption of an ordinance which rendered the use or structure nonconforming. After one year all request for a certificate of non-conformity must be made to the city zoning board.

B.

Regulation of Nonconforming Uses. No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming use or when required to do so by law and as follows:

1.

Restoration. Any nonconforming structure damaged to an extent of less than fifty (50) percent of its previous existing floor area may be restored, reconstructed or used as before, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after damages occur, or such use shall not be rebuilt, except as a conforming use.

2.

Repairs. Normal maintenance repair and incidental alteration of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.

3.

Alterations. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livabililty. No structural alterations shall be made which would increase the number of dwelling units or bedrooms.

C.

Termination of Nonconforming Uses. A nonconforming use not used for a reasonable period of time, accompanied by an intent on the part of the owner to abandon such use as evidenced by some overt act or some failure to act which carries with it a sufficient implication that the owner neither claims nor retains any interest in the subject matter of the abandonment, shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived, except as a conforming use. Any nonconforming use changed to a conforming use, or a use allowed in a more restricted district and used as such for any period of time, shall not be used as a nonconforming use thereafter.

D.

Preexisting Nonconforming Lots. On any nonconforming lot, a detached one- or two-family dwelling which is not in conformance with the requirements of this chapter may be erected, provided that:

1.

No vacant lot is adjacent.

2.

No adjacent lot has an adjacent side yard exceeding fifteen (15) feet in width exclusive of driveway.

3.

The required front and rear yards are provided.

4.

Side yards of not less than three feet are provided.

5.

Required off-street parking spaces are provided.

6.

The building conforms to the height limitations.

7.

The use is permitted in the district.

E.

Where an existing building is not in conformance with the requirements of this chapter, the nonconforming portion of the structure may remain and further development may be permitted on the site, provided that the proposed development is in conformance with the restrictions and use requirements of this title.

(Ord. No. 4373, § 3, 5-14-2013; prior code § 40-125)

A.

Pedestrian/Loading Elevators. All residential buildings with ten (10) or more units and are three (3) or more stories in height located within the City of Elizabeth must construct an elevator large enough to house pedestrians and their furniture. This elevator must be electric or hydraulic and meet all applicable building codes.

(Ord. No. 4920, § 1, 10-10-2017)

A.

To establish prevailing lot widths, frontages, front yard setbacks and rear yard setbacks, the applicant must perform the following:

1.

Utilize all existing lots, including the property in question, as per the city tax maps. Proposed lots to be created by the application are not to be included.

2.

Include only lots located within the same zone, within the same (entire) block and on both sides of the street as the subject parcel.

3.

The prevailing percentile shall be ninety-five (95) percent. This is to say that the prevailing lot dimension shall be the lot which constitutes ninety-five (95) percent of the neighborhood. Example, if there are twenty-five (25) lots that meet the criteria of subsections 17.36.099.A. and 17.36.099.B. and you create a table listing the lots minimum to maximum dimensions, the 24th lot going from low to high is the prevailing lot dimension to utilize.

(Ord. No. 5366, § 3, 12-8-2020; Ord. No. 4920, § 5, 10-10-2017)

A.

The following parcel and yard dimensions shall apply to all residential projects except one- and two-family homes in all permitted zones within the City of Elizabeth.

1.

Lot width prevailing, but at no time less than sixty (60) feet.

2.

Lot frontage prevailing, but at no time less than sixty (60) feet.

3.

Lot depth prevailing, but at no time less than one hundred (100) feet.

4.

Front Yard Setback Prevailing. If no prevailing exists within the block, then the front yard setback shall be thirty (35) feet.

5.

Side Yard Setback. Minimum of thirty-three (33) percent of building height, but at no time less than ten (10) feet. All structures which abut each other must be at least fifteen (15) feet apart, including off-site structures.

6.

Rear Yard Setback. Thirty-five (35) percent of the lot depth but not less than thirty-five (35) feet. Measured form the rear lot line to the most outward rear building projection. Excluding projections permitted under subsection B.

7.

Requirements specific to corner lots (corner lots shall be considered to have two (2) front yards, one rear yard and one side yard):

a.

Front Yard Setback. Prevailing on both lot frontages.

b.

Interior side yard same as subsection 17.36.110 C.2.

c.

Rear yard setback same as subsection 17.36.110 C.3.

B.

Requirements Specific to Corner Lots.

1.

Minimum Lot Width. One and one-half (1.5) times the prevailing, measured at the front yard setback from the shortest street line.

2.

Minimum Lot Frontage. One and one-half (1.5) times the prevailing, measured along the shortest street line.

3.

Lot Depth. One hundred (100) feet minimum, measured perpendicular to the lot frontage.

C.

Lot width and frontage for one- and two-family residential lots in all permitted zones within the city shall be based on the following table:

Table No. 1—R-1

Table No. 1—R-2

Conditions of Table #1:

1.

Column (A) is the standard minimum required lot width and frontage where a prevailing does not exist.

2.

To meet the prevailing lot width requirement in Column (B), ninety-five (95) percent of all existing lot widths must be less than or equal to the listed lot dimension.

3.

Standard lot width shall be utilized when no prevailing lot width can be established."

4.

To establish prevailing lot widths and lot frontages, a table is required to be submitted with each application for each development or variance application, depicting the following criteria:

a.

All existing lots, including the property in question, as per the city tax maps. Proposed lots to be created by the application are not to be included.

b.

Include only lots located within the same zone, within the same (entire) block and on both sides of the street as the subject parcel.

c.

An existing lot or proposed lot that falls within the range between columns (A) and (B) of the table may be considered to be prevailing if ninety-five (95) percent of existing lots fall within that range. In no case shall a lot be considered to be prevailing if its width or frontage is less than that indicated in Column (B) of Table No. 1.

D.

The following requirements for lot dimensions shall apply to all non-residential properties in zones in which the use is permitted within the city.

1.

Lot Area. Minimum five thousand (5,000) square feet.

2.

Lot Width. Minimum fifty (50) feet.

3.

Lot Depth. Minimum one hundred (100) feet.

(Ord. No. 5366, §§ 1, 2, 12-8-2020; Ord. No. 4920, §§ 2—4, 10-10-2017; Ord. No. 4373, § 4, 5-14-2013; prior code § 40-126)

All buildings and structures shall provide open areas which conform with the limitations set forth hereinafter:

A.

The following requirements for yard dimensions shall apply to all one- and two-family residential dwellings in all zones permitted within the city.

1.

Front Yard Setback. Twenty (20) feet minimum, measured from the street line to the most outward front building projection, excluding projections permitted under Paragraph B. The front yard can be less if it meets the prevailing setback based on sixty-five (65) percent of the existing properties.

2.

Side Yard Setback. Minimum twelve (12) percent of required lot width but not less than three (3'-1") feet. All structures which abut each other must be at least five (5) feet apart, including off-site structures (fireman's rule).

3.

Rear Yard Setback. Twenty-five (25) percent of the lot depth but not less than twenty-five (25) feet, measured from the rear lot line to the most outward rear building projection, excluding projections permitted under Paragraph B.

4.

Requirements specific to corner lots (corner lots shall be considered to have two (2) front yards, one rear yard and one side yard):

a.

Front Yard Setback. Twenty (20) feet minimum measured from the shortest street line to the most outward rear building projection, excluding projections permitted under Paragraph B.

b.

Interior Side Yard Setback. Minimum twelve (12) percent of required lot width but not less than three (3'-1") feet.

c.

Corner Side Yard Setback. Fifteen (15) feet minimum or eighteen (18) feet minimum for corner side yards containing a driveway.

d.

Rear Yard. Twenty-five (25) percent of the lot depth but not less than twenty-five (25) feet, measured from the rear lot line to the most outward rear building projection, excluding projections permitted under Paragraph B.

5.

The following requirements of yard dimensions shall apply to all non-residential properties in all zones within the city, except if that particular zone has its own separate standards.

a.

Minimum Front Yard Setback. Prevailing. If no prevailing exists within the block than the front yard setback shall be twenty (20) feet.

b.

Minimum Side Yard Setback. Ten (10) percent of lot width with a not to exceed distance of twenty (20) feet.

c.

Minimum rear yard setback is twenty-five (25) feet. The minimum shall be thirty-five (35) feet when property is adjacent to a residential zone, noncommercial use or a non-industrial use.

d.

To establish prevailing setbacks for all yard dimensions, a table shall be provided depicting the following: Include all existing lots, excluding newly created lots, as per the current City of Elizabeth Tax Maps on file in the city engineer's office; only include lots within the same zone as the subject parcel; and include all lots shall be within the existing block only, and on both sides of the street as the subject parcel.

B.

Building projections into required yards shall be permitted as follows:

1.

Cornices, eaves, canopies, awnings and fireplaces may project into any yard for a distance not to exceed six feet, provided that they are no closer than two feet to any property line.

2.

Open porches, stairwells and balconies may project into any yard for a distance not to exceed eight feet, provided that they are no closer than three feet to any property line.

3.

Fire escapes may be located in any side or rear yard and may project into such yards a distance not to exceed three feet. Provided that they are no closer than two feet to the property line.

4.

Projections into yards shall be permitted to accommodate the needs of individuals with disabilities which do not conform provided that a deed restriction is recorded preventing the transfer of title until such altered structures are restored or made to conform. Projections shall be limited to open structures located where possible outside the front yard and may vary from requirements only to the minimum degree necessary to afford access. Proof of handicap must be supplied to the City of Elizabeth Construction Department.

C.

Accessory structures may be erected in accordance with the following restrictions:

1.

Accessory Buildings.

a.

Residential accessory buildings or other accessory buildings situated in a residential district shall be permitted in any side or rear yard. Up to three one-story acccessory buildings shall be permitted provided total accessory building coverage is not more than thirty-three (33) percent of the principal building coverage. Not more than one accessory building shall exceed one hundred (100) square feet or a height of more than eight feet. No accessory building shall exceed ten (10) feet in height allowing for a pitched roof projecting above that height. All accessory buildings shall be set back not less than two feet to a rear lot line and not less than three feet to a side lot line. Accessory buildings may be attached to a principal building.

b.

Commercial and industrial accessory buildings shall be permitted in any yard provided they are limited to one story and fifteen (15) feet in height. In a front yard such buildings shall be set back not less than three-quarters of the height of the building wall from any property line.

2.

Accessory patios and decks may be located in any side or rear yard, and shall be limited so that the floor of such structures rises no higher than the ground floor elevation, extends no more than eighteen (18) feet from a building and is no closer than three feet to any lot line. At least two sides shall remain open and any cover shall be limited to a vertical height of ten (10) feet at any point.

3.

Accessory parking and loading areas, including driveways, may be located in any yard area, provided that no such area may be located within three feet of any lot line except as necessary to provide street access. Parking may be situated directly in front of a dwelling only in a driveway leading to a garage and circular driveways are prohibited unless leading to a garage.

4.

Accessory facilities including swimming pools may be located in any side or rear yard provided they are set back from any lot line a distance not less than twice the prevailing side yard setback. Motorized elements shall be set back three times the required setback.

5.

Accessory patios, decks, parking areas, loading areas, fences and walls may be erected in any yard as follows:

a.

Accessory patios, decks, and parking may be located in any side yard or rear yard, provided that no such structure may be located closer than three (3) feet to any lot line.

b.

Accessory parking and loading areas, including driveways, may be located in any yard area, provided that no such area shall be located within three (3) feet of any lot line.

c.

In industrial districts, fences or walls may not exceed twelve (12) feet in height.

d.

In commercial districts, fences or walls may not exceed eight (8) feet in height. In front yards, fences or walls shall be of a decorative material or obscured by plant material with visually solid portions limited to a height of three (3) feet.

e.

For residential uses in any district, fences or walls may not exceed six (6) feet in height in any side or rear yard. In front yards, fences or walls shall be of a decorative material or obscured by plant material and may not exceed three (3) feet in height. Where a lot has more than one frontage, a height of six (6) feet may project into one front yard, provided that the projection consists of only two (2) angled segments such that the fence extends in a straight line from one pint on the front yard setback line to a second point within the front yard and returns to a third pint on the setback line. Barbed wire or razor wire may not be used as part of a fence or wall, or as fencing material in any residential zone.

f.

No barbed or razor wire fences shall be permitted anywhere within the city boundaries.

6.

Walks, standards for signs or lighting and other similar accessory structures may be erected in any yard.

D.

Open space shall be provided as follows:

1.

Open space shall be provided for all projects containing three (3) or more dwelling units. Mixed use projects shall provide open space for the residential component.

2.

Open space for all residential units except one- and two-family dwellings shall be two hundred (200) square feet per unit. The open space shall have a cap of four thousand (4,000) square feet for buildings over four (4) stories.

3.

Open space shall be limited to the following:

a.

Exterior yards, courts and recreational areas, not devoted to auto usage with a minimum dimension of twenty (20) feet in width and minimum area of five hundred (500) square feet.

b.

Common areas including balconies and porches with a minimum depth of twenty (20) feet.

c.

Interior multi-family communal spaces, exclusive of passageways, with a minimum dimension of ten (10) feet.

4.

A minimum of seventy-five (75) percent of the total required open space is required to be exterior lawn and/or court yard areas suitable for recreational use.

E.

Private Swimming Pools.

1.

A private swimming pool shall be permitted on any lot that contains a dwelling structure.

2.

A private swimming pool and appurtenances may be located in a side or rear yard with a setback of not less than four (4) feet, measured from the nearest vertical wall of the pool.

3.

A private swimming pool shall not be located closer than eight (8) feet to a dwelling structure and four (4) to an accessory building.

4.

The yard in which a pool is located shall be provided with a six-foot high fence, meeting the requirements of the International Building Code.

5.

All private swimming pools shall be equipped with the necessary equipment for disinfection and filtering.

6.

There shall be no physical connection between a potable water supply and any private swimming pool.

7.

No private swimming pool shall be constructed until such time that all required permits have been obtained from the construction department.

F.

Impervious Lot Coverage. Impervious surface is defined as a surface that is resistant to infiltration by water, including but not limited to roofs, pavement and sidewalks.

1.

The following are limits to the amount of impervious surface permitted:

2.

All non-residential lots shall have a max impervious coverage of seventy-five (75) percent, unless otherwise specified by individual zone requirements

3.

All non-residential lots in the MRC-1 and MRC-2 zones shall have a max impervious coverage of eighty (80) percent.

G.

Building Coverage.

1.

Principal Buildings and Structures. All non-residential lots shall have a minimum floor area ration (FAR) of eleven (11) percent. There is no FAR for residential zones within the city.

2.

Accessory buildings and structures cannot exceed ten (10) percent of the principal building square footage.

(Ord. No. 5499, § 13, 11-23-2021; Ord. No. 4920, §§ 6—8, 10-10-2017; Ord. No. 4646, § 1, 11-24-2015; Ord. No. 4373, § 5, 5-14-2013; Ord. 3906 § 1, 2007; prior code § 40-127)

A.

Height limitations shall be maintained as follows at any time a building or other structure is constructed or altered. A basement which rises not more than four (4) feet above grade shall not count as a story. No occupancy of a basement or one-half (½) a story shall be permitted in the city for residential purposes in any zone.

1.

In the R-1 residential district, buildings shall be limited to three stories. No occupancy for any purposes (office, storage, residential uses, etc.) shall be permitted above the third story. Building height shall be prevailing or if a prevailing does not exist thirty-eight (38) feet. Building height shall be measured by using the average of the existing grades where the future building will be placed (all four (4) corners and ten (10) feet within that area) and the "roof top" of the structure (peak).

2.

In all residential districts except R-4, all commercial districts except C-3 and C-4, building height shall be the same as the R-1 requirements.

3.

In the R-4 and C-3 districts, building height shall be limited to sixteen (16) stories and one hundred sixty (160) feet. Residential buildings with four or fewer units to be same as R-1 requirements.

4.

In the C-4 and Manufacturing districts, building and other structure height shall be limited to five stories and sixty (60) feet.

B.

No structures may project above the roof eaves or cornice line except as follows:

1.

Decorative elements such as chimneys, church spires, belfries, cupolas, domes and monuments may project fifty (50) percent higher than otherwise limited.

2.

Utilitarian appurtenances such as vents and utilities may project not more than two feet unless they are enclosed within parapet walls.

3.

Freestanding poles or masts for flags, whip antenna, or light fixtures may extend to one and one-half times the height permitted for buildings.

4.

Parapet walls may project not more than four feet plus one-half the setback from the roof edge to a maximum of twelve (12) feet above the roof of the building.

5.

Dormers or penthouses may project as necessary to provide clearance for stairways or equipment in vertical shafts.

(Ord. No. 4920, § 9, 10-10-2017; prior code § 40-128)

A.

The minimum square footage for any commercial space located in the general and specialty retail zones shall be five hundred (500) square feet.

B.

Each store front shall have a minimum of twenty (20) feet frontage on a public street.

C.

The establishment of any alcove stores not meeting the minimum square footage established in this section is prohibited.

D.

Penalty. A person or entity that shall violate any provision of this section or any other order promulgated hereunder shall, after summons are issued, be required to appear in municipal court and be subject to a fine up to one thousand dollars ($1,000.00). Each violation of any of the provision of this section shall be deemed to be a separate and distinct offense. A separate offense is deemed committed on each date during on or which a violation occurs or is continuous.

(Ord. No. 4373, § 6, 5-14-2013)

At all street intersections, no obstruction to vision between a plane three feet above the established grade of the street at the property line and a plane ten (10) feet above said grade shall be erected on any lot within a triangle bounded by the street center lines and a line connecting points on each center line one hundred ten (110) feet from the intersection of such lines.

(Prior code § 40-129)

A.

Screening and Landscaping. Outdoor storage or work areas other than an automobile service station shall be enclosed by a solid and continuous wall, fence or landscaping sufficient to screen such activity from view.

B.

Service areas, transformer compounds, external heating and cooling equipment and other strictly utilitarian improvements shall be screened as fully as practicable.

C.

Parking areas with six or more spaces shall be:

1.

Screened from adjacent residential open space and dwelling areas by a solid and continuous wall, fence or landscaping of not less than six feet in height.

2.

Screened from public streets by a wall, fence or landscaping sufficient to effectively reduce headlight glare.

D.

Adjacent parking areas with ten (10) or more parking spaces shall be delineated by an appropriately landscaped strip. This requirement shall not be applicable to areas with delineated truck parking stalls or loading docks.

E.

Landscaped areas shall be provided on each tract and planted with trees, shrubs and groundcovers or may include pedestrian structures such as plazas, malls, pedestrian walkways, sitting areas, patios, pools, fountains and incidental furnishings. Such areas when enclosed shall be regarded as complying only when their minimum dimension exceeds fourteen (14) feet.

1.

Street areas outside of roadway and driveway areas shall be landscaped in their entirety.

2.

Front yards outside of parking and driveway areas shall be landscaped in their entirety.

3.

Buffer areas shall be landscaped in their entirety.

4.

Parking areas shall be accompanied by landscape areas amounting to twenty (20) percent of the paved parking and driveway area.

5.

Outdoor work and storage areas need not be landscaped.

6.

All remaining areas not occupied by buildings shall be suitably landscaped.

(Ord. No. 5499, § 14, 11-23-2021; prior code § 40-135)

A.

Facades. These design standards for facades, security gates, and exterior lighting shall be applicable to zones C-1, C-2, C-3, C-4, and C-5.

1.

Design Standards.

a.

The facades of newly-constructed buildings, or renovations of existing facades shall maintain the architectural harmony of the zone.

b.

New Construction or Renovation. New buildings and facade renovations shall be designed so that their appearance reflects the historic development patterns of the existing mixed-use buildings within the commercial districts. All new construction and/or exterior improvements to mixed use buildings shall be designed so as to be harmonious with the existing neighboring buildings in terms of material, height, scale, facade proportions, window patterns, color, decorative features and architectural styles. Styles of other periods may be permitted provided that they are determined to be harmonious with the existing architectural style of the zone.

c.

Matching of Cornice Lines. At the top of the base, and as recommended where neighboring buildings provide cornices or belt lines, a visual cue or indicator such as cornice, belt coursing, a change in glass-to-solid ratio, or any other indicator consistent with the design, proportions, and materials of the base shall be provided.

d.

Facade Renovation. The applicant should:

(1)

Retain and maintain all building cornices, features and details; and not remove a building cornice without providing a compatible new cornice of similar scale and detailing.

(2)

Maintain the rhythm, size and shape of upper floors, windows and associated trim and moldings.

(3)

Reopen previously in-filled windows, and not fill or alter window openings.

(4)

Not enclose or remove elements, such as transom windows, or display windows.

(5)

Not locate air conditioners in street elevation windows or create new openings for thru-wall air conditioners that are visible from the street.

e.

Incongruous Features. Incongruous features including but not limited to air conditioners, radio or telephone antenna, wireless telecommunications apparatus, ductwork, loose wiring, or other fixtures not otherwise identified herein as permitted facade features, are not permitted in any facade treatment or other area visible from the street.

f.

Grandfathering. Any change to the exterior structure shall void the legality of any "grandfathered" non-conforming feature, whether that feature be a sign, a security gate, an awning, a door or window, or other feature regulated by these standards, and the new building owner or commercial tenant must correct non-conforming features to adhere to these standards, or be subject to enforcement and penalty.

g.

Rooftop Fixtures. Heating, ventilation and air conditioning ("HVAC") fixtures, mechanical units, elevator shafts, skylights, wireless telecommunications apparatus and equipment cabinets, solar panels, and other fixtures on rooftops shall not be visible to pedestrians on the street. They must be setback far enough to be out of view of a pedestrian on the opposite block below, or screened by appropriate, architecturally harmonious screening.

h.

Ductwork. Restaurant ventilation ductwork shall not be visible to pedestrians on the street; where possible it should be installed within the wall, or to the rear or side of the building in a position that is out of the public view, or screened from view.

i.

Preservation of Architectural Features. No fixture of any type should be affixed to any building in a way that damages, or obscures architectural design features of the building. In any building renovation, traditional design features of the commercial building should be preserved. Traditional features include the kick plate (the area below the display window), display windows, clerestory windows (above the display window), transoms (window above the entry door), the sign band, angled entry doors on building corners, recessed central entry doors, building belt lines, lintels, cornices, and parapets.

j.

Building Materials. Acceptable building materials for renovation or redevelopment include, but are not limited to:

(1)

Brick and stone masonry, or stucco cast concrete to simulate these.

(2)

Wood or simulated wood details, such as window frames or shutters.

(3)

Finished painted metal and sheet metal, such as alpolic panels.

(4)

Clear or lightly tinted glass.

(5)

Stone or ceramic tile.

(6)

Concrete or stone lintels.

(7)

Wood, simulated wood, concrete, or stone columns.

(8)

Stucco shall only be permitted above first floors.

k.

Unacceptable Building Materials. Unacceptable building materials include, but are not limited to:

(1)

Rustic materials, such as wood shakes, shingles, barn board, Texture 111 siding or other plywood siding, or rustic finishing techniques.

(2)

Vinyl or aluminum siding.

(3)

Glass block.

(4)

Indoor-outdoor carpeting or astro-turf.

(5)

Corrugated metal or fiberglass.

(6)

Drive-it or similar materials.

l.

Maintenance. Building facades, signage, windows, and all display elements visible to the public must be maintained in good structural and visual condition. Fading, frayed, disconnected, unseasonal, untimely, or otherwise neglected elements are not permitted to be on display in the district.

m.

Blank Walls. Blank walls facing the commercial corridor.

(1)

Display windows are recommended at grade.

(2)

Where display windows cannot occur, decorative architectural treatments, plantings, murals, or other visual element in keeping with the architectural style of the area or shopping district are required to eliminate blank walls with no visual interest.

2.

Color Management. Reserved.

B.

Windows and Doors.

1.

Definitions. As used in this section, the following terms shall have the meanings indicated:

"Person" means any individual, partnership, firm or corporation.

"Public view" means any window display area or any part thereof which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, open air parking lot or from any adjoining neighboring premises.

"Window display area" means any area within the corners of a window frame normally used for the display of merchandise for retail sale to the public.

2.

Use of Window Display Areas.

a.

No storage of materials, stock or inventories shall be permitted in window display areas ordinarily exposed to public view, except when necessary in the course of changing displays and then only temporarily for a reasonable period of time.

b.

Display Windows. All retail uses shall have display windows constituting a minimum of 70 percent surface area at grade, and the bottom edge of the display window(s) shall be no more than four feet in height above grade. The glass is to be clear and not tinted, except that film to block ultra-violet sunlight is permitted. All window frames shall be of a color that is complementary to the facade color scheme.

c.

Interior Visibility. Product displays and/or store signage is permitted to occupy no more than 25 percent of the glazed area of the storefront. The interior of the store should be clearly visible from the sidewalk through the display window.

d.

Main Entry Doors. Business entry doors shall be composed chiefly of clear glass, and the interior of the store shall be visible from the sidewalk through the door.

e.

Cleanliness. The glass of the display windows and doors shall be kept clean at all times.

C.

Security Gates.

1.

Permitted Security Gates. Security gates that are manually or power operated, that utilize an open linkage design, and that are mounted only on the interior of the window glass and/or entry door(s) are permitted.

2.

Prohibited Security Gates. The following security gate systems are prohibited:

a.

Solid, metal security gates that obscure the view into the store.

b.

Gates covering the exterior of the facade at grade.

3.

Preferred Alternative to Security Gates. "Hurricane" high-impact glass is a recommended alternative to security gates in the zone.

4.

Nonconforming Gates. Nonconforming gates shall not be rebuilt, replaced, enlarged, or altered unless made to conform to regulations.

D.

Exterior Lighting.

1.

Lighting fixtures must illuminate facades, entrances and signage; they may also be used to decoratively illuminate facade architecture.

2.

Lighting must enhance, not obstruct, visibility of street for residents/offices above grade, and therefore must avoid casting glare into upper story windows. Display window lighting should contribute to exterior lighting of the pedestrian area.

3.

The use of flashing or blinking lights is prohibited.

(Ord. No. 4072, 9-22-2009)

Editor's note— Ord. No. 4072, adopted September 22, 2009, enacted provisions intended for use as sections 17.49—17.52. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as section 17.36.145.

A.

Purpose. The purpose of this new zoning district is to provide less industrial and greater commercial zones in the city of Elizabeth.

B.

1.

Principal permitted uses shall include:

a.

Professional offices, studios and clinics;

b.

Business offices;

c.

Neighborhood convenience;

d.

Local convenience;

e.

Community retail;

f.

General and specialty retail;

g.

Indoor amusement;

h.

Hotels;

i.

Major entertainment;

j.

Major retail commercial;

k.

Arterial commercial;

l.

Residential, see subsection (B)(8) of this section.

2.

Accessory uses.

a.

Customary and incidental uses.

3.

Area, yard and building requirements for principal and accessory buildings.

a.

Lot area: minimum six thousand (6,000) square feet;

b.

Lot width: minimum forty (40) feet;

c.

Lot depth: minimum one hundred fifty (150) feet.

4.

Impervious lot coverage.

a.

Buildings and impervious surfaces: one hundred (100) percent;

b.

Accessory buildings: ten (10) percent.

5.

Principal building height.

a.

Six stories/sixty-five (65) feet along Broad Street, East Grand Street, East Jersey Street, Madison Avenue, Jefferson Avenue, Hampton Place, Dickinson Street, Elizabeth Avenue, Winfield Scott Plaza and Commerce Place;

b.

All other areas: three stories/thirty-five (35) feet.

6.

Minimum yard dimensions.

a.

Front yard: prevailing;

b.

Side yard: prevailing;

c.

Rear yard: prevailing.

7.

Off-street parking and loading shall be as follows:

a.

Parking and deliveries shall occur only in the rear and side yard areas, when possible;

b.

Parking requirements as set forth in Sections 17.40.020 and 17.40.030 of the city of Elizabeth ordinance.

8.

Requirements specific to residential uses.

a.

Residential shall be permitted above first floor permitted uses;

b.

Minimum net floor area for residential units shall be eight hundred fifty (850) square feet;

c.

Maximum number of bedrooms per residential unit shall be two.

(Ord. 3810 § 1, 2006: prior code § 40-136)

A.

Purpose. The purpose of this district is to encourage the preservation of classic older residential structures along Newark Avenue and North Avenue, where feasible, for office use which is compatible with uses on the opposite sides of these avenues. The preservation of the residential structures will allow the enhancement of many architectural element which should be preserved. The architectural design of the existing and proposed structures shall be residential in nature fitting the area and style of the good quality structures in the general area.

B.

1.

Principal permitted uses shall include:

a.

Professional offices, studios and clinics;

b.

Business offices;

c.

Instructional and educational uses;

d.

Governmental uses, including governmental and administrative offices.

2.

Accessory uses.

a.

One business sign per property;

b.

Rear parking lot.

3.

Conditional uses.

a.

Restaurants with not less than forty (40) seats;

b.

Specialized shops and boutiques.

4.

Area, yard and building requirements for principal and accessory buildings.

a.

Lot area: minimum six thousand (6,000) square feet;

b.

Lot width: minimum forty (40) feet;

c.

Lot depth: minimum one hundred fifty (150) feet.

5.

Impervious lot coverage.

a.

Buildings and impervious surfaces: one hundred (100) percent;

b.

Accessory buildings: ten (10) percent.

6.

Building height: maximum three stories/thirty-five (35) feet.

7.

Minimum yard dimensions.

a.

Front yard: prevailing;

b.

Side yard: prevailing;

c.

Rear yard: prevailing.

8.

Off-street parking and loading shall be as follows:

a.

Parking and deliveries shall occur only in the rear and side yard areas, when possible;

b.

Parking requirements as set forth in Sections 17.40.020 and 17.40.030 of the city of Elizabeth ordinance.

(Ord. No. 4695, § 1, 4-12-2016; Ord. No. 4373, § 6, 5-14-2013; Ord. 3910 §§ 1, 2, 2007; Ord. 3790 § 1, 2006)

Editor's note— Ord. No. 4695, § 1, adopted April 12, 2016, changed the title of section 17.36.160 from "Schedule IF, PO Professional Office Zone" to "Schedule IF, Office Commercial-1 (OC-1) Zone." The historical notation has been preserved for reference purposes.

A.

Purpose. The purpose of the Office—Commercial-2 (OC-2) Zone District is to encourage the mix of office and commercial uses with low intensity residential development within areas depicted on the zoning map, last amended March 15, 2016.

B.

Principal Permitted Uses.

1.

Professional offices, studios and clinics;

2.

Business offices;

3.

Reserved;

4.

Instructional and educational uses;

5.

Governmental uses, including governmental and administrative offices;

6.

Specialized shops and boutiques;

7.

Residential uses as allowed in the R-3 Zone District provided that no site is developed with more than twelve (12) residential units and provided that all open space and off-street parking requirements are satisfied.

C.

Area, yard and Bulk Requirements for All Principal Permitted Uses Other Than Residential Uses. All residential uses shall comply with the area, yard and bulk requirements of the R-3 Zone District.

1.

Lot area: minimum of six thousand (6,000) square feet;

2.

Yards:

a.

Front Yard Setback: prevailing;

b.

Side Yard Setback: prevailing;

c.

Rear Yard Setback: prevailing.

3.

Lot depth: minimum of one hundred (100) feet;

4.

Lot width: minimum of sixty (60) feet;

5.

Height: three (3) stories/thirty-five (35) feet;

6.

Open space: twenty (20) percent;

7.

Buildings and impervious coverage: seventy-five percent (75%);

8.

Off-Street Parking and Loading requirements shall be the same as in the OC-1 Zone District.

(Ord. No. 4695, § 1, 4-12-2016)

Editor's note— Ord. No. 4695, § 1, adopted April 12, 2016, did not specify manner of inclusion; hence, inclusion as sections 17.36.170—17.36.200 is at the discretion of the editor.

A.

Purpose. As recommended in the Land Use Plan Element of the Master Plan adopted by the Planning Board, the Open Space (OS) Zone District is being split into two (2) separate zone districts. The Public (P) Zone District is designed to contain publicly owned buildings, land and other institutions and separate the publically owned lands into a separate zone district to be known as the Open Space (O) Zone District as depicted on the zoning map, last amended March, 2016.

B.

Permitted Uses.

1.

Public buildings and structures.

2.

Public and private schools and grounds.

3.

Governmental Buildings and Institutions and other governmental uses.

4.

Related Commercial or Industrial Uses. Related commercial or industrial uses are intended to support or enhance the activities occurring within the associated improved or unimproved open space.

C.

Accessory Uses. Customary and incidental uses.

D.

Conditional Uses. None.

E.

Permitted Signage. Signs permitted in the C-1 and C-2 districts.

F.

Required Bulk Conditions.

1.

Minimum lot area: one acre.

2.

Lot frontage: one hundred fifty (150) feet.

3.

Yards.

a.

Front Yard Setback: twenty (20) feet or prevailing;

b.

Side Yard Setback: none;

c.

Rear Yard Setback: none.

4.

Lot depth: n/a.

5.

Lot width: n/a.

6.

Maximum principal building height shall be two and one-half (2½) stories or thirty-five (35) feet, whichever is less;

7.

Maximum accessory building height shall be one and one-half (1½) stories or thirty (30) feet, whichever is less;

8.

Open space: n/a.

9.

Building coverage: n/a.

(Ord. No. 4695, § 1, 4-12-2016)

Note— See editor's note at section 17.36.170.

A.

Purpose. The purpose of the Highway Commercial (HC) Zone District is to promote services, retail uses and commercial activity along a major transportation corridor and to limit auto related uses and one- and two-family homes and apartment uses on the first floor in areas as depicted on the Zoning Map, last amended March, 2016;

B.

Permitted Uses.

1.

Professional offices.

2.

Business offices.

3.

Neighborhood convenience uses.

4.

Local convenience uses.

5.

Community retail.

6.

General and specialty retail.

7.

Indoor amusement.

8.

Hotels.

9.

Major entertainment uses.

10.

Major retail and community services.

11.

Residential apartments on second and third floors only and consistent with the R-3 Zone District standards.

C.

Required Bulk Conditions.

1.

Lot area: ten thousand (10,000) square feet;

2.

Yards:

a.

Front Yard Setback: prevailing;

b.

Side Yard Setback: prevailing;

c.

Rear Yard Setback: twenty (20) feet;

3.

Lot depth: one hundred (100) feet;

4.

Lot width: one hundred (100) feet;

5.

Height: three (3) stories and thirty-five (35) feet except for Hotels which are permitted to be five (5) stories;

6.

Open space: twenty (20) percent;

7.

Maximum impervious coverage: eighty (80) percent;

(Ord. No. 4695, § 1, 4-12-2016)

Note— See editor's note at section 17.36.170.

A.

Purpose. The purpose of the Transportation (T) Zone District is to contain all of the publicly owned tracts of land in the city which are utilized for public transportation. The Transportation Zone District is being created to establish a separate zone for all of the publicly owned street rights-of-way and transportation rights-of-way as depicted on the zoning map, last amended March, 2016;

B.

Permitted Uses.

1.

Public streets and rights-of-way.

2.

Public transportation rights-of-way.

C.

Required Bulk Conditions.

1.

Lot area: n/a.

2.

Yards:

a.

Front: n/a.

b.

Side: n/a.

c.

Side: n/a.

3.

Lot depth: n/a.

4.

Lot width: n/a.

5.

Height: n/a.

6.

Open space: n/a.

7.

Building coverage: n/a.

(Ord. No. 4695, § 1, 4-12-2016)

Note— See editor's note at section 17.36.170.

A.

Purpose. New Jersey has signed an adult-use cannabis reform bill into law, legalizing and regulating cannabis use and possession for adults 21 years and older via "The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," N.J.S.A. 24:6I-31 to 24:6I-56, P.L. 2021, c.16. The city has determined that state-licensed businesses that legally sell, and/or distribute cannabis under such state licenses require certain land use regulations to control the appropriate locations and zones to permit such uses and set forth specific requirements for such uses, in order to preserve the public health, safety, and welfare of the community and its inhabitants.

B.

Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted consistently with the terms defined in N.J.S.A. 24:6I-33.

"TRC" means the technical review committee of the City of Elizabeth Planning Board.

C.

Cannabis Retail Overlay Zone (CRO).

1.

Location. The CRO Zone would encompass the parcels as identified on the city zoning map in the CRO Zone, which includes the below tax lots:

_____

Properties in the CRO Zone

2.

Permitted Uses.

i.

Retail cannabis establishments licensed pursuant to N.J.S.A. 24:6I-42 with a "Class 5 Cannabis Retailer license" for adult-use sales.

3.

Conditional Uses.

i.

Pursuant to N.J.S.A. 24:6I-21, cannabis consumption areas for social, adult-use cannabis consumption, shall meet the following conditions:

a.

Cannabis consumption areas shall comply with all bulk requirements and design standards provided under subsection 17.36.210.B-4 of this chapter.

b.

Consumption shall be limited to products purchased on-site, and will not permit any outside products to be consumed on premises.

c.

Cannabis consumption areas may be located in an indoor, structurally enclosed area of a retail cannabis establishment provided that the area is (1) separate from the area in which retail sales and dispensing of cannabis items occurs, (2) is a minimum of one thousand (1,000) square feet, exclusive of the minimum required area for the establishment.

d.

Cannabis consumption areas may be located as an exterior, enclosed structure on the same premises as the cannabis establishment, either separate from or connected to the cannabis retailer, at which cannabis items obtained from the retailer may be consumed.

ii.

Any deviation from any of the conditions listed under this subsection shall necessitate use "D" variance relief pursuant to Municipal Land Use Law (N.J.S.A. 40:55D-70D, et seq.)

4.

Bulk Requirements and Design Standards.

i.

Any deviation from the below standards and requirements shall necessitate bulk "C" variance relief pursuant to Municipal Land Use Law (N.J.S.A. 40:55D-70C, et seq.);

a.

Cannabis establishments shall only be located on the ground floor (i.e. street-level) of any building in which it has been approved to be located).

b.

Minimum gross floor area of one thousand (1,000) square feet.

c.

Minimum parking requirements shall be one (1) space per one thousand (1,000) square feet of gross floor area (GFA).

d.

There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco by patrons.

e.

Hours of public operation shall be limited to 9:00 a.m. to 10:00 p.m. on Monday thru Saturday, and Sunday 11:00 a.m. to 8:00 p.m.

f.

Any cannabis use shall comply with all setback or distance requirements established by law and in effect in the zone in which it is to be located as of the time of the application.

g.

Signage shall comply with all existing regulations but shall not include language referring to "marijuana" or use any symbols that indicates such, and shall be subject to TRC review and approval.

1.

Signage shall be limited to façade/wall signs at the exterior of the building, designating the business name and/or address;

2.

Vinyl window signs and decals shall be limited to designating the business name, logo, and/or address, which shall comply with "h" above;

3.

Window signs including product display, brand name advertisements, or similar shall be prohibited.

5.

Other Requirements.

i.

Security and Lighting.

a.

Exterior lighting plans shall be reviewed and approved by the city engineer in consultation the Elizabeth Police Department and submitted with TRC review application and/or site plan application.

ii.

Air Quality and Ventilation.

a.

The facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights of way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. The ventilation system must be installed to meet ASHRAE62 Indoor Air Quality Standards and approved by the city health department and building department and may be subject to periodic inspection by both departments.

iii.

Submission Requirements.

a.

All applications for cannabis related uses shall be required to appear before the TRC.

b.

To protect the public health, safety, and general welfare, and to prevent economic stagnation, site plan approval as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D, et seq.) is required for any cannabis uses.

iv.

Redevelopment Areas.

a.

Any property located within a redevelopment area with an active redevelopment plan in place shall be required to amend the redevelopment plan by ordinance before the city council to permit cannabis uses.

_____

D.

Cannabis Manufacturing, Cultivation, Distribution, and Wholesaling Overlay Zone (CMO).

1.

Location. The CMO Zone would encompass the parcels as identified on the city zoning map as the CMO Zone, which includes the below tax lots:

Properties in the CMO Zone

2.

Permitted Uses.

i.

Cannabis growing or cultivation facility licensed pursuant to N.J.S.A. 24:6I-37 with a "Class 1 Cannabis Cultivator license;"

ii.

Cannabis manufacturing facility licensed pursuant to N.J.S.A. 24:6I-39 with a "Class 2 Cannabis Manufacturer license;"

iii.

Cannabis wholesaler facility licensed pursuant to N.J.S.A. 24:6I-40 with a "Class 3 Cannabis Wholesaler license;" and

iv.

Cannabis distribution facility licensed pursuant to N.J.S.A. 24:6I-41 with a "Class 4 Cannabis Distributor license".

3.

Bulk Requirements and Design Standards.

i.

Any deviation from the below standards and requirements shall necessitate bulk "C" variance relief pursuant to Municipal Land Use Law (N.J.S.A. 40:55D-70C, et seq.);

a.

Minimum gross floor area of five thousand (5,000) square feet, except that a microbusiness licensed pursuant to N.J.S.A. 24:6I-36 shall have a minimum gross floor area of one thousand (1,000) square feet.

b.

Minimum parking requirements shall be provided as one (1) space per one thousand (1,000) square feet of gross floor area (GFA).

c.

Loading spaces shall be provided as one (1) space per five thousand (5,000) square feet of gross floor area (GFA).

d.

Any cannabis use shall comply with all setback or distance requirements established by law and in effect in the zone in which it is to be located as of the time of the application.

e.

Signage shall comply with all existing regulations but shall not include language referring to "marijuana" or use any symbols that indicate such.

4.

Other Requirements.

i.

Security and Lighting.

a.

All facilities associated with the manufacturing, growing, distribution, or wholesaling of cannabis shall provide security fencing at their location's perimeter. Facilities shall coordinate with the city police department to provide access for emergency services.

b.

Exterior lighting plans shall be reviewed and approved by the city engineer in consultation the Elizabeth Police Department and submitted with TRC review application and/or site plan application.

ii.

Air Quality and Ventilation.

a.

The facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights of way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. The ventilation system must be installed to meet ASHRAE62 Indoor Air Quality Standards and approved by the city health department and building department and may be subject to periodic inspection by both departments.

iii.

Submission Requirements.

a.

All applications for cannabis related uses shall be required to appear before the TRC.

b.

To protect the public health, safety, and general welfare, and to prevent economic stagnation, site plan approval as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D, et seq.) is required for any. cannabis uses.

iv.

Redevelopment Areas.

a.

Any property located within a redevelopment area with an active redevelopment plan in place shall be required to amend the redevelopment plan by ordinance before the city council to permit cannabis uses.

(Ord. No. 5500, § 2, 7-27-2021)

Note— Sections 3 and 4 of Ord. No. 5500, adopted July 27, 2021, state the following: "SECTION 3. In all those areas in the City where cannabis establishments, cannabis distributors, or cannabis delivery uses are not permitted pursuant to this Ordinance, and as shown in the amended Zoning Map attached hereto, such uses shall be prohibited, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the City.
 SECTION 4. All underlying zoning and zoning regulations on the properties encompassed by the Cannabis Overlay Zones shall remain valid and active."
 The map referred to in this section is not set out at length herein, but may be found in the offices of the city.

1.

Permitted Uses in the MRC-1 Zone.

a.

Corporate business and professional offices.

b.

Research laboratories.

c.

Large scale retail uses such as supermarkets and community shopping centers containing permitted retail and service uses in the C-2 Zone.

d.

Light manufacturing, including the manufacture, assembly, packing or treatment of articles or merchandise from previously prepared material subject to performance standards of section 17.36.060, including, but not limited to pharmaceuticals and cosmetics, food products, electrical and electronic equipment, precision equipment, textiles and apparel.

e.

General commercial uses, such as wholesale business uses, office supplies and services, photo processing plants, lithograph, typesetting ruling and binding establishments, electrical sales and contracting, plumbing sales and contracting.

f.

Indoor amusement facilities, including theaters, bowling alleys and skating rinks, and full-service restaurants, other than drive-in or drive-thru establishments.

g.

Warehousing with wholesale and storage, subject to the definition of warehouse, which shall not include distribution center uses, fulfillment centers or parcel hubs, standalone outdoor storage, standalone parking facilities.

2.

Accessory Uses in the MRC-1 Zone.

a.

Customary and incidental accessory uses pursuant to section 17.36, schedule IB.A.6.a inclusive of bars and cocktail lounges without live entertainment or dancing as part of indoor amusement facilities.

3.

Conditional Uses in the MRC-1 Zone.

a.

Distribution Centers. A distribution center is a conditional use in the MRC-1 Zone subject to the following conditions:

i.

Building square footage shall be no more than six hundred thousand (600,000) square feet.

ii.

Dock doors for distribution center uses may be provided on at least two (2) sides of the building, and can be located on adjacent or opposite sides of the building.

iii.

The ratio of dock doors shall be permitted up to a maximum amount as follows:

1.

For buildings 0—100,000 square feet: One (1) per five thousand (5,000) SF GFA, or five (5) dock doors, whichever greater;

2.

For buildings 100,001—244,000 square feet: One (1) per eight thousand (8,000) SF GFA;

3.

For buildings 244,001—600,000 square feet: One (1) per ten thousand (10,000) SF GFA;

b.

The following are additional bulk standards for conditional uses within the MRC-1 Zone, and shall not be conditions by which the use is determined permissible:

i.

Distribution center uses shall be subject to the bulk regulations set forth under schedule IB-1 for "warehouse uses".

ii.

Truck Parking.

1.

Truck parking stalls shall be provided that are not directly adjacent to the building.

2.

A minimum of one (1) truck parking stall per dock door shall be provided, and a maximum of two (2) truck parking stalls per dock door shall be permitted.

3.

Truck parking stalls shall be provided at a minimum dimension of fifty (50) feet in length by ten (10) feet in width.

iii.

Reserved.

iv.

Traffic Study.

1.

A traffic study prepared by a licensed traffic engineer shall be prepared and submitted to the planning board.

2.

Trip generation rates for distribution centers at the a.m. and p.m. peak hours shall be provided within the study.

3.

The maximum allowable peak hour trip generation rate shall be 0.30 trips per one thousand (1,000) SF.

4.

Permitted Signage. This section shall supersede the signage requirements listed under section 17.36.060.

a.

Number of signs. One (1) business/wall sign shall be permitted for each building façade for single-tenant buildings. Multi-tenant buildings shall be permitted one (1) business/wall sign per tenant on up to two (2) facades per tenant.

b.

Sign Dimensions.

i.

Building mounted wall signs shall be permitted up to six (6) feet in height for façades with up to one (1) sign. For façades with more than one (1) wall sign, each sign shall be permitted up to four (4) feet in height.

ii.

Building mounted wall signs shall be permitted up to a maximum width of sixty (60) percent of building façade length for façades with up to one (1) sign. For façades with more than one (1) wall sign, each sign shall be permitted up to up to a maximum width of forty (40) percent of building façade length.

iii.

Building mounted wall signs shall be permitted up to the top of the building, but shall not be permitted to exceed the building height and are prohibited from being located on the building roof.

5.

Prohibited Uses in the MRC-2 Zone.

a.

Standalone surface parking facilities or surface parking lots as the primary and sole use on a property shall be prohibited in the MRC-2 Zone.

(Ord. No. 5499, § 7, 11-23-2021)

Editor's note— Ord. No. 5499, § 7, adopted November 23, 2021, enacted provisions intended for use as section 17.36.210. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 17.36.215.

1.

Permitted Uses in the MRC-2 Zone.

a.

Corporate business and professional offices.

b.

Research laboratories.

c.

Large scale retail uses such as supermarkets and community shopping centers containing permitted retail and service uses in the C-2 Zone.

d.

Light manufacturing, including the manufacture, assembly, packing or treatment of articles or merchandise from previously prepared material subject to performance standards of section 17.36.060, including, but not limited to pharmaceuticals and cosmetics, food products, electrical and electronic equipment, precision equipment, textiles and apparel.

e.

General commercial uses, such as wholesale business uses, office supplies and services, photo processing plants, lithograph, typesetting ruling and binding establishments, electrical sales and contracting, plumbing sales and contracting.

f.

Indoor amusement facilities, including theaters, bowling alleys and skating rinks, and full-service restaurants, other than drive-in or drive-thru establishments.

2.

Accessory Uses in the MRC-2 Zone.

a.

Customary and incidental accessory uses pursuant to section 17.36, schedule IB.A.6.a inclusive of bars and cocktail lounges without live entertainment or dancing as part of indoor amusement facilities.

3.

Permitted Signage. Signs permitted in the C-3 and C-4 Districts.

4.

Prohibited Uses in the MRC-2 Zone.

a.

Standalone surface parking facilities or surface parking lots as the primary and sole use on a property shall be prohibited in the MRC-2 Zone.

(Ord. No. 5499, § 9, 11-23-2021)

Schedule IA

Permitted Uses

Notes:

1

Editor's Note: for expansion of Symbols A through CC, see Schedule II which follows.

2

[Added 7-24-79 by Ord. No. 1175]

3

[Added 6-10-81 by Ord. No. 1369]

4

[Added 3-12-85 by Ord. No. 1794]

(Prior code Schedule IA)

Schedule IB-1

MRC-1 Zone District Controls

(1) Rear yards abutting rail rights-of-way may be reduced to zero (0) feet.

(2) Parking for office space within warehouse uses shall be provided at a ratio of one (1) per two hundred fifty (250) square feet of floor area devoted to office use.

A.

Rear yards abutting rail rights-of-way may be reduced to 0 feet.

Permitted Uses:

1.

Corporate business and professional offices.

2.

Research laboratories.

3.

Large scale retail uses such as supermarkets and community shopping centers containing permitted retail and service uses in the C-2 Zone.

4.

Light manufacturing, including the manufacture, assembly, packing or treatment of articles or merchandise from previously prepared material subject to performance standards of Section 17.36.060, including, but not limited to pharmaceuticals and cosmetics, food products, electrical and electronic equipment, precision equipment, textiles and apparel.

5.

General commercial uses, such as wholesale business uses, office supplies and services, photo processing plants, lithograph, typesetting ruling and binding establishments, electrical sales and contracting, plumbing sales and contracting.

6.

Indoor amusement facilities, including theaters, bowling alleys and skating rinks, and full service restaurants, other than drive-in, drive-thru and/or fast food establishments.

a.

Accessory Uses. Customary and incidental accessory uses pursuant to Section 17.36, Schedule IB.A.6.a inclusive of bars and cocktail lounges without live entertainment or dancing as part of indoor amusement facilities.

b.

Conditional Uses. None.

c.

Permitted Signage. Signs permitted in the C-3 and C-4 Districts.

(Ord. No. 5499, §§ 5, 6, 11-23-2021; prior code Schedule ID)

Schedule IB-2

MRC-2 Zone District Controls

(1) Rear yards abutting rail rights-of-way may be reduced to zero (0) feet.

(Ord. No. 5499, § 8, 11-23-2021)

_____

A.

Purpose. As recommended in the Land Use Plan Element of the Master Plan adopted by the planning board, the Open Space (OS) Zone District is being split into two (2) separate zone districts. The Open Space (O) Zone District is designed to contain publicly owned open space and separate the publicly owned buildings, land and other institution into a separate zone district to be known as the Public Space (P) Zone District as depicted on the zoning map, last amended March, 2016.

B.

Permitted Uses.

1.

Improved Open Space. Improved open space is intended to provide site for recreational facilities. Improved open space may include, but shall not be limited to: landscaped lawn areas, golf courses, stormwater detention and groundwater recharge areas, walkways, pedestrian bicycle paths, paved terraces and sitting areas, and recreational facilities such as playfields, playgrounds, tot lots, swimming pools, sports courts, community centers, boat slips, boat launching and storage facilities and docks, but not repair facilities and any ancillary roadway or parking.

2.

Unimproved Open Space. Unimproved open space is intended to preserve lands in a natural state for recreation and conservation purposes and shall include: wetlands, woodlands, wildlife preserves, manmade and natural bodies of water, scenic areas, hedgerows and treelines, natural wooded areas. Improvements in unimproved open space shall be limited to the following: woodland trails, foot paths, jogging trails, bridle paths, bicycle paths, nature walks; nurseries for the trees, shrubs and other plants to be used in the development; roads and ancillary parking for access to unimproved open space sites; lighting, retaining walls, and other features necessary to protect the land or people who will use the unimproved open space.

3.

Related Commercial or Industrial Uses. Related commercial or industrial uses are intended to support or enhance the activities occurring within the associated improved or unimproved open space.

C.

Accessory Uses. Customary and incidental uses.

D.

Conditional Uses. None.

E.

Permitted Signage. Signs permitted in the C-1 and C-2 districts.

F.

Required Bulk Conditions.

1.

Minimum lot area: one acre;

2.

Lot frontage: one hundred fifty (150) feet;

3.

Yards:

a.

Front Yard Setback: Twenty (20) feet or prevailing;

b.

Side Yard Setback: none;

c.

Rear Yard Setback: none;

4.

Lot depth: none.

5.

Lot width: none.

6.

Maximum principal building height shall be two and one-half (2½) stories or thirty-five (35) feet, whichever is less;

7.

Maximum accessory building height shall be one and one-half (1½) stories or thirty (30) feet, whichever is less;

8.

Open space: n/a.

9.

Building coverage: n/a.

(Ord. No. 4695, § 1, 4-12-2016; prior code Schedule IC)

Editor's note— Ord. No. 4695, § 1, adopted April 12, 2016, changed the title of schedule C from "OS District Zone Controls" to "O District Zone Controls." The historical notation has been preserved for reference purpose.

Schedule ID

RC District Zone Controls

A.

Development Standards.

1.

Minimum lot area: three acres.

2.

Minimum lot frontage: two hundred (200) feet.

3.

Minimum front yard: thirty-five (35) feet.

4.

Minimum rear yard: twenty (20) feet.

5.

Minimum side yard: twenty (20) feet.

6.

Maximum principal building height: sixteen (16) stories or one hundred sixty (160) feet, whichever is less.

7.

Maximum accessory building height: three stories or forty (40) feet, whichever is less.

B.

Permitted Uses.

1.

Major retail and commercial uses.

2.

Business offices: major office buildings with gross floor area of not less than twenty-five thousand (25,000) square feet.

C.

Accessory Uses. Customary and incidental uses including eating establishments and other convenience retail sales or services.

D.

Conditional Uses. None.

E.

Permitted Signage. Signs permitted in the C-1 and C-2 districts.

(Prior code Schedule IF)

Schedule II

Principal Uses

A.

Single-family detached dwelling;

B.

Detached duplex;

C.

Rowhouses or townhouses;

D.

Two-family dwelling;

E.

Three- or four-family dwelling;

F.

Garden apartments;

G.

Apartment house;

H.

Elevator apartments;

I.

Quasi-public uses, such a community buildings, country clubs, social halls, lodges, fraternal organizations and similar uses;

J.

Govemmental services and uses of an educational or religious nature;

K.

Medical facilities, such as infirmaries, health clinics and hospitals;

L.

Professional offices, including the offices of doctors or physicians, dentists, optometrists, ministers, priests, rabbis, architects, landscape architects, professional engineers, professional planners, lawyers, certified public accountants and such other similar professional occupations which may be so designated by the board of adjustment;

M.

Business offices such as administrative, clerical or other nonprofessional offices; undertakers, funeral parlors or embalmers; medical and dental office buildings and testing laboratories; and other office buildings;

N.

Neighborhood convenience retail and services, such as barbershops or beauty parlors; cigar stores or newsstands; food stores; drugstores or soda fountains; and shoe repair shops;

O.

Local convenience retail and services, such as stationery and book stores; branch banks; dry goods and variety stores; home radio and TV repair; hand or automatic laundries; florists; hardware stores or locksmiths; office equipment and business machine sales and service; package liquor sales; tailois or dressmakers; and dry-cleaning and clothes-pressing establishments, provided that no flammable cleaning agents are used;

P.

Community retail and services such as paint and wallpaper stores; furniture stores; sporting and athletic goods; photographing equipment and supplies; end professional, business and technical schools; and studios for photography, art, music and dance;

Q.

General and specialty retail and services, such as wearing apparel stores; and jewelry and gift shops;

R.

Indoor amusement enterprises, including theaters, biffiard or pooi parlors, bowling alleys, skating rinks or similar uses or places of assembly; and bars and cocktail lounges without live entertainment;

S.

Hotels;

T.

Major entertainment facilities intended and designed to serve the city as a whole, such as nightclubs;

U.

Major retail and commercial services, such as major department stores; specialty shops and personal service enterprises which are intended and designed to serve the city as a whole; office buildings exceeding twenty thousand (20,000) square feet in floor area; and banks and other financial institutions;

V.

Arterial commercial services, such as new car dealers' sales and showrooms; newspaper publishing plants; bus terminals; storage garages; and the following limited light industrial uses, when conducted within an enclosed building and not on the ground floor:

1.

Manufacturing of dresses and garments, jewelry, musical instruments, precision equipment and toys and novelties,

2.

Photo processing,

3.

Printing, lithographing, typesetting, ruling and binding establishments, and

4.

Laboratories;

W.

Auto-related services, such as vehicle sales, servicing and washing; boat sales and service; automobile radio sales and service; and motels;

X.

Selected commercial and light industrial uses, such as woodworking, furniture repair and custom upholstery; metal working; electrical sales and contracting; plumbing sales and contracting; wholesale bakeries, dairies and bottling plants; and large-scale laundering, cleaning and dyeing establishments; manufacturing of awnings, venetian blinds and shades; and major automobile repair;

Y.

Wholesale, storage and agricultural uses, such as wholesale business, storage and warehousing; animal sales and treatment; live poultry markets; and outdoor amusement uses; and horticulture and greenhouses;

Z.

Distribution and trucking services, such as distribution plants, parcel delivery and service industries and truck terminals;

AA.

Light manufacturing uses, such as laboratories; manufacture of food products, pharmaceuticals and cosmetics but not the rendering of fats and oils; the manufacture, assembly, packing or treatment of articles or merchandise from previously prepared materials; glass and textile manufacturers; lumber and building material sales and storage yards; contractors' equipment, sales and service; tool and die and other machine shop operation;

BB.

General industrial uses, such as any manufacturing use involving primary production from raw materials; bulk storage of petroleum and similar fluids; vehicle manufacturing and assembly; structural steel fabricating shops; and boat building; and

CC.

The manufacture of sulfuric and nitric acids.

(Prior code Schedule II)

Schedule III

Conditional Uses

A.

Rooming Houses. Rooming houses shall be permitted in the R-3 and R-4 Districts, provided that the following conditions are maintained:

1.

Nonvehicular open space shall be provided in the amount required for the district in which such rooming house is located.

2.

The premises shall be utilized exclusively for residential purposes only.

3.

At least eight-tenths off-street parking space per bedroom shall be provided.

4.

A current rooming house license shall be maintamed.

5.

The bedroom density requirements applicable to the district in which such rooming house is located shall be complied with.

B.

Mausoleums. Mausoleums shall be permitted in all districts, provided that the following conditions are maintained:

1.

In accordance with N.J.S.A. 8A1-1, et seq., a cemetery shall be defined as any land or place dedicated for use, used or intended to be used for the interment of the human dead in the ground, in a mausoleum or crypt located in the cemetery and a columbarium for cinerary interments or lands held for burial purposes.

2.

All mausoleums shall be located in cemeteries.

3.

Permitted uses shall be in the establishment, preservation, construction, and operation and maintenance of cemeteries, public mausoleums, crypts, chapels, columbaria, conservatories, and other necessary buildings and improvements (hereinafter "structures") for the burial, and care of the remains of the dead.

4.

Minimum side and rear yard setbacks shall be five feet.

5.

Property line structures shall not exceed twenty-five (25) feet in height, except as hereinafter provided.

6.

Structures exceeding twenty-five (25) feet in height shall be permitted, proyided a setback is maintained equal to one foot for every foot in height of the structure, not to exceed seventy (70) feet in any case, except that fifty-five (55) feet shall be the maximum height of any structure abutting a residential property line.

7.

Property line structures along the common property line with a residential zone or use shall maintain a ten (10) feet set back and be limited to fourteen (14) feet in height.

C.

Child-Care Facilities. Child-care facilities for less than six children shall be permitted in the R-2 or R-3 districts, and facilities for at least six children shall be permitted in the C-2 district, provided that the following conditions are maintained:

1.

Centers for six or more children shall be licensed by the state, and facilities for at least two but not more than five children shall be affiliated with a licensed child-care center.

2.

Child-care facilities shall not be located where the concentration of carbon monoxide and dioxide gases equals or exceeds ten (10) milligrams per liter.

3.

At least one hundred (100) square feet of open play area shall be provided for each child, based on the maximum design capacity of the facility, and such area shall be completely enclosed by a solid masonry wall or fence at least six feet in height.

4.

Play activity in outdoor play areas which are located in or adjacent to residential uses shall be rericted to between the hours of 9:00 a.m. and 5:00 p.m., and the areas shall be screened from such uses with massed evergreen plantings at least six feet in height.

5.

Facilities shall provide doors for ingress and egress which are not more than six feet above or below existing grades and which discharge onto open areas with a minimum dimension of fifteen (15) feet.

6.

The entire operation of the facility shall be on one floor which is not more than one-half-story (six feet) above or below grade.

D.

Nursing Homes. Nursing homes shall be permitted in an R-2, R-3 or R-4 zone, provided that the following conditions are maintained:

1.

A current license to operate a nursing home shall be maintained.

2.

Such facility shall be located on a lot at least ten thousand (10,000) square feet in area.

E.

Essential Services.

1.

Enclosed or Permanent, Structures. In, adjacent to, abutting or across from R Districts, such uses shall include electric substations, transformers, switches, auxiliary apparatus serving a distribution area and water-pumping stations and shall be subject to the following regulations:

a.

Such facility shall be so located as to draw a minimum of vehicular traffic to and through such streets.

b.

The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.

c.

Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of Section 17.36.130.

d.

Noise and interference emitted from such public utility services shall not be greater than permitted in accordance with the performance standards set forth in Section 17.36.060.

2.

Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other govemmental agencies, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other govemmental agencies or for the public health or safety or general welfare, but not including buildings. The landscaping regulations of Chapter 17.36 shall apply if the essential service facility occupies a plot of ground greater than six square feet. Performance standards as set forth in Section 17.36.060 herein shall also apply.

F.

Automobile Gas Stations. Automobile gas stations shall be permitted in the C-2 and C-4 districts, provided that the following conditions are maintained.

1.

Each station shall provide at least two driveway aprons measuring at least twenty (20) feet in width and located no closer than forty (40) feet to the nearest street line of a perpendicular street.

2.

All accessory structures, such as filling pumps, vents and underground bulk storage of flammable materials, shall be located at least fifty (50) feet from any residential property line and at least twenty (20) feet from any other property line other than a street line.

3.

All pump islands shall be located so that there is sufficient space within the property lines in each direction to accommodate at least three waiting vehicles in addition to those being serviced.

4.

All washing, lubricating, draining or repairs of other than an incidental nature shall be conducted entirely within an enclosed structure.

5.

A curbed safety island at least five feet in width shall be located between pump islands and any property line abutting a street.

G.

Minor Auto Repair and Service. Minor auto repair and service shall be allowed in the C-4 district, provided that the following conditions are maintained:

1.

All repair and servicing operations shall be conducted entirely within an enclosed structure.

2.

No vehicles other than those under or awaiting repair or awaiting delivery or pickup after repair shall be stored on the premises.

3.

All such establishments shall comply with the performance standards specified in Section 17.36.060 herein.

4.

All such establishments shall provide at least eight off-street parking spaces, plus two spaces for each work or service area.

H.

Automobile Salvage and Wrecking Operations, Outdoor Storage and Junkyards. Such uses shall be permitted in an M-2 zone, provided that the following conditions are maintained:

1.

Such operation is conducted not less than two hundred (200) feet from any R district and C district.

2.

All operations are conductd within a solid wall or tight board fence not less than eight feet high.

I.

Commercial Parking for Residents. Commercial parking for residents shall be permitted in R-3 and R-4 districts, provided that such parking is restricted by deed, filed with the Register of Union County, binding the owner and his or her heirs, successors and assigns for the life of such use to lease such spaces only to residents of dwelling structures located within a radius of five hundred (500) feet from the lot boundary and to lease such spaces at monthly rates only.

J.

Gas Storage Tanks. Gas storage tanks shall be permitted in an M-2 or M-3 district, provided that the following conditions are maintained:

1.

No tank or other structure for the storage of gas, natural or otherwise, or any mixture of gas or gases, natural or otherwise, either in their vaporous or liquefied form, of any type suitable for light, heating, power or other purpose shall be constructed, erected or maintained in any populated area so as to create the possibility of a public disaster from fire or explosion; nor shall any such tank or structure be constructed, erected or maintained so as to create the possibility of extensive damage to property or the interruption of essential public services from such fire or explosion.

2.

An environmental impact study shall be submitted with each application and no conditional use shall be approved unless the same can be granted without substantial detriment to the natural resources, in. cluding but not limited to light, water, air and land.

3.

No such conditional use shall be granted unless the economic necessity therefor shall be clearly exhibited.

4.

No such conditional use shall be granted if it impairs the preservation of tangible and intangible property values, both public and private.

5.

No such conditional use shall be granted if the applicant has an unsatisfactory operating safety record.

6.

All applications shall include detailed construction plans and all safety procedures and standards to be followed not only during construction but thereafter, together with copies of all approvals of state and federal regulatory bodies and agencies.

K.

Retail Sale for Guests—Bakeries.

1.

Retail sales for members and guests of quasi-public uses shall be permitted in any residential zone, provided that the following conditions are maintained:

a.

Only customary and appropriate retail activities such as gift shops, soda fountains, etc., are conducted;

b.

All retail activity is conducted from within the principal structure;

c.

Access to the retail activity may be had only from within the principal structure; and

d.

No external evidence of retail activity is discernible from the outside of the structure.

2.

Bakeries. Bakeries shall be permitted in a C-1 commercial zone, provided that the following condition is maintained: Goods produced shall be sold only at retail on the premises.

L.

Helicopter Landing Facilities. A private helistop used solely for the landing and takeoff of helicopters may be established as an accessory use in an M-2 or M-3 district, provided that the following conditions are maintained:

1.

Such facility is located not less than nine hundred (900) feet from any R district.

2.

Restrictions have been established to prevent the development or occurrence of man-made or natural obstacles within the final eight hundred (800) feet of any approach/departure flight paths.

3.

Flight paths are designed so as to comply with noise performance standards in nonindustrial zones as measured from the maximum permissible building height.

4.

Landing areas in which helipads are located are suitably paved, marked and fenced.

5.

A fire protection plan approved by the fire department has been established for protection of adjacent property.

6.

No tanks, drums or other structure for the storage of flammable and explosive helicopter fuel, natural or otherwise, or any mixture of helicopter fuel or fuels, natural or otherwise, in liquid, solid or gaseous state shall be located on the same or within close proximity of any helicopter landing areas so as to create the possibility of a public disaster from fire or explosion; nor shall any such tank, drum or structure be constructed, erected or maintained so as to create the possibility of extensive damage to property or the interruption of essential public services from such fire or explosion.

M.

Amusement Machine Complexes. Amusement machine complexes shall be permitted in any C-3 district, provided that the following conditions are maintained:

1.

The applicant has met all the requirements of Chapter 5.12 of this code.

2.

Parking spaces for motor vehicles and motorcycles to accommodate customers or patrons shall be provided at the ratio of one parking space for every two games, machines or devices so licensed. Bicycle racks shall be provided for use by customers or patrons at the ratio of one rack space for every two games, machines or devices so licensed. No access or egress driveway may cross a pedestrian walk which has a peak hourly volume in excess of fifty (50) persons.

3.

Provisions sufficient to prevent the assembly of persons in public areas within three hundred (300) feet of any entrance and/or exit of the premises or building in which such complex is located.

N.

Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence. Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential zones of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such zones; provided, however, community residences for the developmentally disabled and community shelters for victims of domestic violence, as authorized by N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, housing more than six persons excluding resident staff, shall be permitted as a conditional use in all residential zones provided the following conditions are met or maintained:

1.

A conditional use permit shall not be granted for any such community residence for the developmentally disabled or community shelter for victims of domestic violence located within one thousand five hundred (1,500) feet of an existing community residence for developmentally disabled or community shelter for victims of domestic violence as defined in N.J.S.A. 40:55D-66.2.

2.

A conditional use permit shall not be granted if the number of persons, other than resident staff, resident at existing community residence for the developmentally disabled or community shelter for victims of domestic violence within the city, as defined in N.J.S.A. 40:55D-66.2, exceed fifty (50) persons or five-tenths of one percent of the population of the city, whichever is greater.

3.

A conditional use permit shall not be granted for any such community residence for developmentally disabled or community shelter for victims of domestic violence located within one thousand five hundred (1,500) feet of any school or day care center, and no school or day care center shall be permitted within one thousand five hundred (1,500) feet of any community residence for the developmentally disabled or community shelter for victims of domestic violence.

4.

A community residence for the developmentally disabled or community shelter for victims of domestic violence for more than six persons, excluding resident staff, must be licensed or have a purchase of service contract or affiliation agreement from the appropriate state agency. The applicant for a conditional use permit shall provide documentation that a purchase of service contract or affiliation agreement exists, or that an application for a license has been submitted to the appropriate state licensing agency. If the community residence for the developmentally disabled or community shelter for the victims of domestic violence is to be licensed, the issuance of a certificate of occupancy ("CO") for the proposed residence will be conditioned on the applicant subsequently providing documentation that the residence is fully licensed by the appropriate state agency.

5.

The application for a conditional use permit shall contain a brief statement identifying the number of persons to reside in the community residence for the developmentally disabled or community shelter for victims of domestic violence, and a general description of their classification (i.e., adult versus child, mentally ill versus developmentally disabled).

6.

Each community residence for the developmentally disabled or community shelter for victims of domestic violence in an R-1 (single family) or R-2 (two family) zone intended to provide housing for between seven and twelve (12) persons, excluding resident staff, shall provide one off-street parking space per community residence. Each community residence in an R-1 or R-2 zone intended to provide housing for between thirteen (13) and fifteen (15) persons, excluding resident staff, shall provide two off-street spaces per community residence.

7.

Any building constructed or altered for use as a community residence for the developmentally disabled or community shelter for victims of domestic violence in any R-1 (single family) or R-2 (two family) zone shall reflect a residential character. Any construction, renovations or alterations made to accommodate handicapped persons or to satisfy applicable state and local building codes or fire prevention/fire safety codes shall not be considered as making the community residence for the developmentally disabled or community shelter for victims of domestic violence conflict with this requirement.

8.

Any conditional use approval granted under subsection N of this schedule shall contain the following restrictions:

a.

Any reversion of a community residence for the developmentally disabled or community shelter for victims of domestic violence to a permitted use shall comply with all applicable zone requirements.

b.

The name of the facility may be displayed in conformity with the sign ordinance of the city.

c.

Occupancy of any community residence for the developmentally disabled or community shelter for victims of domestic violence which receives a conditional use permit under this section is restricted to persons who are developmentally disabled as defined in N.J.S.A. 40:55D-66.2a, or persons who are victims of domestic violence as defined in N.J.S.A. 40:55D-66.2b.

d.

Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be permitted as a conditional use in all other zoning districts provided the criteria set forth herein for location in residential districts is satisfied.

O.

Billboards. Signs for off-premises advertising (billboards) shall be permitted provided the following conditions are met and maintained:

1.

Billboards shall be permitted in any district when located on or within three hundred (300) feet of state or federal highway routes or passenger rail facilities.

2.

Billboards shall be permitted in accordance with a billboard siting plan conforming with the following requirements. The siting plan shall control the entire system of billboards to be maintained by any applicant along any one route or rail line and consider the impacts of all billboards in their totality whether maintained by the applicant or others and whether inside or outside of the municipality.

a.

The plan shall ensure that billboards do not intrude on residential areas. Billboards shall not be located in any area designated by the master plan as a residential area and visibility of billboards and support structures located within six hundred (600) feet of such areas shall be effectively mitigated through appropriate measures, including height limitations or funding of off-site plantings to screen views of billboards from dwellings.

b.

The plan shall ensure that billboard messages do not intrude on places of assembly. To ensure that messages are not comprehendible, mitigation measures shall be employed where billboard faces would otherwise be directly viewable from any church, school, playground or park within one thousand (1,000) feet.

c.

The plan shall ensure that billboards do not unreasonably intrude on scenic vistas. Billboards shall not be located so as to significantly degrade the appearance of any scenic views. The optimal viewing locations should be identified for any historically or architecturally significant structures within two thousand (2,000) feet and for any scenic skylines or vistas. The obscuring impact of billboards on the panoramic background seen from these locations shall be minimized.

d.

The plan shall ensure that billboards do not interfere with traffic safety devices or signs. Billboards shall not obstruct views of such signs and devices located within two hundred fifty (250) feet.

e.

The plan shall ensure that billboards do not unreasonably obscure the business signs, building entry facades or entrance driveways on neighboring properties. Billboards shall be erected outside of clear sight triangles to be established in accordance with master plan principles and standards.

f.

The plan shall ensure that billboards remain in reasonable harmony with the existing aesthetic character of the area in which they are located. Billboards shall conform to design limits specified in the plan with particular attention to size, height and ilumination.

3.

Billboards and freestanding signs (greater than three hundred (300) square feet) shall be subject to special location and design controls and shall be classified as a conditional use. Criteria for same shall be the following:

a.

Billboards shall be located, under all circumstances, at least two thousand (2,000) feet apart from all other billboards or freestanding signs, whether a component of a billboard system or as an independent billboard or freestanding sign. (Pursuant to subsection 3 above.) A survey, signed and sealed by a professional land surveyor, shall be required to document existing billboard sign locations.

b.

Billboards shall be located, in excess of five hundred (500) feet from any residential use.

c.

Following an approval by the planning board, a billboard of freestanding sign (greater than three hundred (300) square feet) shall obtain a square footage license and pay an annual license fee of eighty cents ($0.80) for each square foot of advertising space provided that the minimum annual license fee shall be two hundred forty dollars ($240.00).

d.

Billboards and freestanding signs greater than three hundred (300) square feet existing prior to the ordinance codified in this chapter shall be permitted to continue if they are less than two thousand (2,000) square feet apart and providing that the applicant obtain an annual license starting on July 1, 1998.

_____

TABLE #1
RESIDENTIAL LOT WIDTHS AND DIMENSIONS

The prevailing lot width (A) is the bench mark width for all zones in the city. Use standard (C) lot width when a prevailing width does not exist.

Conditions of Table #1:

(A)

To meet the prevailing lot width requirement sixty-five (65) percent of all existing lot widths must be less than or equal to the listed lot dimension.

(B)

To meet the prevailing lot width requirement fifty (50) percent of all existing lot widths must be less than or equal to the listed lot dimension.

(C)

Standard lot width shall be utilized when no prevailing lot width can be established.

To establish prevailing conditions (for all lot requirements), in all zones within the city the applicant must produce a table depicting the following criteria:

1.

All existing lots (including property in question), per current city tax maps on file in the city engineer's office. Do not include any new lots which are to be created by the application.

2.

Include only lots in the same zone as the subject parcel.

3.

Include all lots within die entire city block on both sides of street as subject parcel.

4.

Select the prevailing condition requested, the proposed lot width must equal or exceed the numerical number listed.

Building; front yard setbacks, side yard setbacks and rear yard setbacks:

To establish prevailing setbacks for all yard dimensions the applicant must produce a table depicting the following:

1.

Include only existing lots (do not include newly created lots), per current city tax maps on file in the city engineer's office.

2.

Include only lots in the same zone as the subject parcel.

3.

Include all lots within the entire city block on both sides of street as subject parcel.

The prevailing lot dimension shall be a dimension which exists for sixty-five (65) percent of all existing lots. To further explain, sixty-five (65) percent of all compatible structures must exhibit a dimension which equals or is less than the setback established for the proposed application.

(Ord. No. 4373, § 7, 5-14-2013; Ord. No. 3273, § 2, 12-12-2000; prior code Schedule III)