Emerson City Zoning Code
ARTICLE V
General Regulations
§ 290-24 Sign regulations.
[Amended 4-25-2000 by Ord. No. 1134; 8-15-2000 by Ord. No. 1145; 12-2-2008 by Ord. No. 1360; 12-18-2018 by Ord. No. 1574-18]
A.
Application. No sign shall be erected, altered, located or relocated within the municipality except upon application and the issuance of a permit as hereinafter provided.
(1)
Residential signs. Permits shall not be required for a permitted conforming sign for premises used for single-family residential purposes. Applications for a permit for a sign for multifamily residential/attached residential use shall be made in writing to the approving authority and presented with the appropriate filing fee.
(2)
Nonresidential signs. Any sign associated with a change in occupancy or ownership requires an application for a sign permit. All applications for a permit for a nonresidential sign shall be made in writing to the approving authority.
(3)
Sign variance application. Application for a permit for a sign which does not comply with the provisions of this article, or which is part of a site plan, including any nonconforming signs associated with a change in occupancy or ownership, shall be submitted to the appropriate approving authority. Such application shall be in writing and, upon notice and a public hearing where the same is required by law, submitted at least 21 days before the next meeting preceding the succeeding public meeting date of the appropriate authority, together with a filing fee as hereinafter set forth. Such application shall be in triplicate and accompanied by no less than 15 sketch plats, in the case of an application for a freestanding sign, and 15 building elevations where the application is for other than a freestanding sign, each of which shall be drawn to scale and reflect the sign location and designation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Applications for all sign permits shall include the following information:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the premises.
(c)
A statement indicating the owner's consent to the application if the applicant is other than the owner.
(d)
A rendering to scale of the sign, reflecting its composition, colors, dimensions, elevation from grade level and lighting; the address of the premises; specification and location of all existing signs; the sight distances, in the case of freestanding signs, with relation to accessways to the premises on which such sign is to be located and adjacent premises; the information to be stated on the sign; the method by which said sign shall be secured; and any landscaping which exists or is proposed in the proximity of the sign.
B.
Exceptions.
(1)
The provisions and regulations of this section shall not apply to the following signs, as regulated herein:
(a)
A sign for public, charitable or religious institutions when they are located on the premises of said institutions and is not over 16 square feet in area. In the case where an applicant would like to display different messages over time, if the proposed sign is the same dimensions and same location as the original application there is no need for an multiple applications.
(b)
A sign identifying the architect, engineer or contractor, when placed upon a work site under construction, only after a building permit for the construction has been issued. Said sign shall not exceed 16 square feet in area, provided that the sign is set back at least 15 feet from any property line, and further provided that same are removed within 24 hours after the final certificate of occupancy is issued.
(c)
Memorial signs or tablets and date of building construction when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(d)
Flags of the United States, State of New Jersey or other governmental or quasi-public agencies, provided that the following requirements are met:
[1]
The maximum height of a freestanding flagpole shall be 40 feet, provided that flagpoles on roofs shall be no more than 15 feet above the rooftop on which it is situated.
[2]
One freestanding flagpole shall be permitted per lot.
[3]
All freestanding flagpoles shall be located no closer to the property line than a distance equal to the height of the flagpole. In addition, flagpoles located in the front yard shall not be closer to the street than the rear half of the required front yard setback.
(e)
Election or political signs, provided that said signs are placed entirely on private property and do not exceed 16 square feet in area.
(f)
Signs on public athletic fields.
(g)
Real estate signs such as for sale, rental or leasing signs shall be limited to one per residential site. Signs advertising commercial properties shall not exceed four feet by four feet or a total of 16 square feet. There shall be a maximum of two signs permitted on commercial properties.
(h)
Public signs.
C.
Fees. Every applicant, before being granted a permit hereunder, shall pay to the Borough of Emerson the permit fee for each such sign or other advertising structure regulated by this chapter as established in the current schedule of fees for the Borough of Emerson.
§ 290-24.1 General sign regulations.
The following regulations apply to signs in all zoning districts in the municipality:
A.
Any sign not specifically permitted is hereby prohibited. In addition, the following signs are specifically prohibited: signs attached to a tree, utility pole or fence and off-premises signs.
B.
No roof signs shall be permitted, nor shall any portion of a sign extend or project above the highest elevation of the wall to which it is attached.
C.
No sign shall be, in whole or part, moving, mobile or revolving.
D.
No sign shall be erected so as to interfere with the movement of vehicular or pedestrian traffic. This includes the prohibition of signs located in ADA-required pathways and vehicular sight triangles.
E.
No sign shall consist of more than four colors inclusive of black and white.
F.
Paper or banner window signs are not permitted, except if temporary.
G.
All animated signs which are environmentally or mechanically activated are prohibited.
H.
No scrolling or animated signs. Messages/images on digital signs can only be changed once a day.
I.
Signs over the public right of way shall be at least 300 feet from traffic control devices.
J.
No A-frame or sidewalk signs.
K.
Signs that are meant to regulate or control traffic must conform to the Manual on Uniform Traffic Control Devices.
§ 290-24.2 Sign regulations for specific uses and types.
All signs shall comply with the regulations set forth in Schedule 290c annexed hereto and made part hereof.[1] Additionally, signs for the following uses must also comply with the regulations below:
A.
Upper-level commercial uses. In zones where commercial uses are permitted and located above the first floor of a building, said uses are permitted to have window signs. The subject sign must comply with the window sign regulations set forth for that district.
B.
Awnings and canopies.
(1)
Buildings with multiple storefronts: All awnings or canopies shall be designed of compatible material and shall be uniform in color, shape and design.
(2)
Awnings and canopies shall be designed with a minimum vertical clearance of seven feet six inches and shall not extend more than six feet from the face of the building; provided, however, that a sign hanging from an awning or canopy shall have a minimum vertical clearance of seven feet.
(3)
A maximum number of four colors, inclusive of black and white, are permitted.
(4)
No awning shall be erected or maintained so as to obstruct access to any fire escape, window or door.
(5)
Awnings and canopies are permitted to encroach within the front yard setback, but shall project no closer than three feet from the curbline.
(6)
No awning or canopy shall be placed over columns of a building facade.
C.
Commercial vehicle signage. Vehicles that are wrapped or painted 75% or greater with a commercial message may only be parked on the site of the business it is advertising or a work site but must be relocated so not be visible to the public after business hours.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 290-24.3 Nonconforming signs.
A.
Any sign existing at the time of the passage of this article and which violates any provisions thereof shall be deemed a nonconforming use and may be continued, maintained and repaired upon the present premises or location; provided, however, that such sign was lawful under any prior ordinance. Any nonconforming sign which is associated with a change in occupancy or ownership shall necessitate an application to the approving authority. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this article and there is issued by the approving authority a sign erection permit.
B.
Any sign which has been damaged to the extent that the cost of repairs shall exceed 50% of the current value of said sign shall be deemed as destroyed, and the owner thereof shall not be permitted to erect or restore said sign except in accordance with this article.
§ 290-24.4 Temporary signs.
Temporary signs for such events as grand openings, sales, fairs, bazaars, auctions and similar special activities shall comply with the following:
A.
All temporary signage, except as specifically exempted under this article, shall require a permit. Said permit shall be issued by the zoning officer and shall be valid for a period not to exceed 60 days from the issuance thereof and may be renewed for a period of 30 days not to exceed 90 days in total.
B.
Signs associated with a one-day event and holiday lighting shall not be permitted to be posted more than 31 days prior to the date of the event and shall be removed not more than 10 days after the date of such activity. Each business is only permitted a maximum of four times a calendar year. No such lighting shall be strung from a storefront to a remote pole/tree etc.
C.
Streamers or flags, pennants and banners shall be permitted as temporary signs for commercial uses, but limited to 100 square feet in area for every 100 feet of street frontage of the subject lot.
§ 290-24.5 Illumination.
No sign shall be an illuminated sign except as provided herein.
A.
Illuminated signs may use internal light sources, LED (light emitting diode) and neon technology, and external light fixtures. All light sources shall be designed to minimize glare.
B.
No sign shall be illuminated externally by more than one floodlight per surface of said sign. Such lighting shall be at grade and properly directed and shielded so as not to produce glare or offensive light off the property.
C.
Illuminated tubing outlining roofs, doors, windows or wall edges of a building are prohibited.
D.
No sign shall be artificially illuminated after 11:00 p.m. or before 7:00 a.m. unless said premises are occupied and attended.
E.
Light sources shall not be visible from outside the sign, and the light from the light source shall be diffused to eliminate hot spots.
F.
Exterior lighting must be placed or designed to focus all illumination on a building or sign. Gooseneck lighting as a device to focus illumination is specifically permitted.
G.
LED-illuminated wall and freestanding signs that comply with the regulations set forth in this chapter are permitted; provided, however, that they are not permitted to be animated as defined in § 290-6 of this chapter.
H.
LED-illuminated window signs are permitted and are permitted to be electronically animated as long as they are not flashing, as defined in animated signs definition.
I.
LED changeable signs for pricing is permitted as long as they comply with all applicable regulations for signs as set forth in the Borough of Emerson Code.
J.
Internally illuminated monuments are prohibited in all residential districts.
§ 290-25 Design of structures.
A.
No structure shall be erected, constructed, placed, altered or enlarged in any residence district, which is excessively similar to any neighboring structure, as hereinafter defined, whether said neighboring structure is then in existence or whether a building permit has been issued or applied for. Said structure shall not be inappropriate to its neighborhood with respect to the elements of exterior design affecting the character of the neighborhood, such as size, height and materials used in construction, with particular attention to:
B.
In relation to the premises with respect to which a structure is sought to be erected, constructed, placed, altered or enlarged, said structure shall be deemed to be a neighboring structure if the lot upon which said structure or any part of the same has been or will be located shall be on any one of the following lots:
(1)
Any lot on the street upon which the structure would front, which is the first, second or third lot next along said street in either direction, without regard to intervening street lines.
(2)
Any lot of which any part of the street line frontage lies across the street from said premises or from a lot referred to in Subsection A(3)(a) above.
(3)
Any lot which is located directly around the corner from and adjacent to a lot referred to in Subsection A(3)(a) above.
C.
The provisions of this section shall be administered by the Zoning Officer with the aid and advice of the Land Use Board. All determinations made pursuant thereto shall be made with a view toward preserving property values in the Borough of Emerson, in the interest of the general welfare of the inhabitants thereof.
§ 290-26 Home occupations.
[Amended 4-15-1997 by Ord. No. 1080]
Businesses or occupations may be conducted in residences in residential or other zones where said business or occupation meets all of the following requirements:
A.
Such use is clearly accessory to the principal use of the structure, and only one such use shall be conducted on the premises.
B.
Such home occupation shall be conducted solely by the owner or tenant residing on the premises or members of his immediate family residing on the premises.
C.
Not more than 25% of the total living area of the dwelling unit shall be used for the home occupation.
D.
Not more than one nonresident of the dwelling shall be engaged in the home occupation on the premises at any time.
E.
Such use shall be conducted solely within the principal structure.
F.
One sign, not exceeding 10 inches by 18 inches, shall be permitted indicating the name and home occupation of the occupant.
G.
There shall be no display of goods or advertising on the premises, except for the ten-by-eighteen-inch sign permitted in the above Subsection F.
H.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property. No equipment or process shall be used which creates a visual or audible electrical interference in any radio or telephone receiver off the premises or causes fluctuations in the voltage off the premises. No hazardous or toxic materials as defined by state or local codes shall be stored on the premises except in quantities permitted to be stored for residential use.
I.
The use does not involve any mechanical equipment which would not customarily be present and utilized in a home.
J.
Retail uses shall not be permitted. There shall be no stock in trade, production materials or goods stored or sold on the premises. There shall be no outdoor storage of materials or equipment.
K.
All parking of motor vehicles for the persons engaged in the home occupation other than residents of the home and for business visitors shall be provided on the premises except on street parking for business visitors and an employee is limited to a total of one vehicle.
L.
The occupant who conducts the home occupation must apply for and obtain a zoning permit prior to commencement of the home occupation. The occupant must complete an application provided by the Building Department and must pay a one-time application fee of $50. The Building Department shall conduct an inspection prior to issuance of a permit to ensure that the proposed business complies with this chapter.
M.
There shall be no loading or unloading of equipment or materials upon the public street.
N.
Other than those individuals who may work on the premises, employees or contractors who work for or provide services to the business shall not meet at the premises for any purpose, however brief.
§ 290-26.1 Home offices.
[Added 4-15-1997 by Ord. No. 1080]
A.
"Home office" is defined as the use of a portion of a home as an office area for use only by members of the household residing on the premises. The following standards would apply to the use of home offices:
B.
Home offices are permitted as accessory uses in all residential zones subject to the following standards:
(1)
The office area shall not occupy more than 500 square feet nor more than 12.5% of the gross floor area (GFA) of the dwelling unit, whichever is less, excluding the area of garages, basements and attics in the calculation of gross floor area.
(2)
The office area shall not have direct access to the outside via a door, but shall be an existing room or area within the detached dwelling unit which is integrated within the overall floor plan of the dwelling.
(3)
The office area shall not contain any kitchen or bedroom facilities which are separate from the remainder of the detached dwelling unit.
(4)
The office area shall have only typical office equipment limited to computers, telefax machines, telephones, copy machines and similar office equipment.
(5)
No supplies or furnishings shall be permitted other than typical office supplies and furnishings.
(6)
No signs or other evidence of the office area shall be shown to the outside of the dwelling unit.
(7)
No persons shall be permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling unit.
(8)
A zoning permit is not required for a home office.
§ 290-27 Satellite dish antennas.
[Added 11-20-1984 by Ord. No. 860[1]]
A.
A satellite earth station commonly referred to as a "dish antenna," including any structural supports, is permitted in all zones as a conditional use after the following requirements are met:
(1)
A dish antenna is only permitted as an accessory use on a lot that contains a principal structure.
(2)
A dish antenna is only permitted in a rear yard.
(3)
A dish antenna is only permitted as a freestanding structure.
(4)
Every dish antenna shall be effectively screened by a special planting screen or fence as approved by the Land Use Board which shall be maintained in good condition, so that said antenna shall not be visible from any adjacent property or public street.
(5)
A dish antenna shall not be closer to the rear property line than the height of said antenna nor closer to any side property line than the height of said antenna or the side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(6)
Any permitted dish antenna shall not have a surface receiving area greater than 25 square feet.
(7)
No lot may contain more than one dish antenna as heretofore regulated.
(8)
No dish antenna shall exceed a height of 10 feet.
B.
Prior to the issuance of a building permit under this section, site plan review and approval by the Land Use Board is required.
[1]
Editor's Note: This ordinance also repealed former § 126-26, Courts, of the 1966 Code.
§ 290-28 Floodwaters.
Buildings shall not be constructed within 150 feet of the floodplain of the Pascack Brook, and no cellar floor shall lie below its floodwater level.
§ 290-29 Minimum room and building size.
A.
Livable rooms shall have a minimum-width of nine feet in any part, a minimum clear floor area of 99 square feet and a minimum ceiling height of eight feet for the minimum area.
B.
All two-story and two-and-one-half-story single-family dwellings to be hereinafter erected must contain not fewer than five rooms, exclusive of a cellar, bath, garage and utility, furnace or boiler room, and a minimum first-floor area, exclusive of the area of any garage, porch or breezeway, of 700 square feet in the R-7.5 Zone and RB Zone, 900 square feet in the R-10 Zone and 1,100 square feet in the R-22.5 Zone.
C.
All other single-family dwellings to be hereinafter erected must contain not fewer than four rooms, exclusive of a cellar, bath, garage and utility, furnace or boiler room, and a minimum first-floor area, exclusive of the area of any garage, porch, breezeway and utility, furnace or boiler room, of 912 square feet in the R-7.5 Zone and RB Zone, 1,350 square feet in the R-10 Zone and 1,500 square feet in the R-22.5 Zone.
D.
All two-family dwellings to be hereinafter erected must contain not fewer than four rooms per family, exclusive of a cellar, bath, garage and utility, furnace or boiler room, and a minimum first-floor area, exclusive of any garage, hall, stairway, porch, breezeway and utility, furnace or boiler room, of 912 square feet per family.
E.
All single-family dwellings of the basement-less type to be hereinafter erected shall meet the above requirements and shall also have a minimum first-floor area, exclusive of any attached garage, porch and breezeway, utility or boiler room, of 400 square feet more than the applicable minimum areas specified in Subsections B and C.
§ 290-30 Off-street parking, loading and unloading.
A.
In all zones, in connection with every business, institution, recreational, residential, manufacturing, industrial, public building, essential service, hospital, church or any other use, there shall be provided, at the time any building or structure is erected, enlarged or increased in capacity, off-street parking spaces and loading and unloading areas in accordance with the requirements set forth herein in this section. Such facilities shall be completed prior to the issuance of a certificate of occupancy. The design standards in Subsection B shall not apply to single-family or two-family houses, except when such house also has a home occupation, as defined under § 290-26, Home occupations, of this chapter.
B.
Design standards for off-street parking areas.
(1)
Size. Each off-street parking space shall measure not less than 10 feet by 20 feet, exclusive of access drives and aisles, except that parallel curb parking spaces shall be eight feet by 23 feet. Except in the case of one-family dwellings, no parking areas provided hereunder shall be established for fewer than four spaces.
(2)
Access aisles and driveways.
(a)
Different zone. No access drive, driveway, pathway or any other means of egress or ingress shall be located in any residential zone to provide access to uses other than those permitted in any such residential zone.
(b)
Crossing sidewalks. All driveways shall cross sidewalk areas at the sidewalk grade.
(c)
Distance from intersection. No driveway to or from a parking area shall be located closer than 50 feet to the nearest right-of-way line of an intersecting street.
(d)
Driveway widths. Driveways shall have a minimum width of 14 feet for one-way traffic and 25 feet for two-way traffic.
(f)
Wider at street line. All driveways and accessways shall be six feet wider than the minimum required widths at the right-of-way line and be maintained for this width for a distance of at least 20 feet into the lot and be tapered gradually to meet the minimum width.
(3)
Sidewalks and curbing. Sidewalks with a minimum width of four feet shall be provided in all parking areas for four or more vehicles, between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic shall occur. Sidewalks must be raised six inches above the parking area, except where crossing streets or driveways, and curbed as a protection to pedestrians using the walks. Sidewalks and parking areas shall be designed to prevent cars from overhanging or extending over sidewalk areas or widened to eight feet to accommodate overhanging vehicles. The Land Use Board may waive the requirement for raised walks for those uses and in those locations where the health, safety and welfare of the walking public will not be endangered by the absence of such facilities.
(4)
General standards for parking areas.
(a)
Design. Parking areas for four or more vehicles and access to this parking shall be designed and planned in accordance with accepted engineering and parking design principles, such as are contained in the Eno Foundation manual, Parking (1957), Saugatuck, Connecticut, except as may be modified by the requirements contained herein.
(b)
Review. All plans shall be reviewed by the Zoning Officer, and his recommendations shall be forwarded to the Land Use Board for its review and approval.
(c)
Landscaping and drainage. Parking areas shall be landscaped in accordance with Article IX to minimize nuisance characteristics to adjacent properties and for aesthetic reasons. They shall be drained and paved in accordance with good engineering and construction practices as required by the Land Use Board and Borough specifications.
(d)
Lighting. For reasons of safety, all parking areas shall be lighted, but all lighting shall be designed and operated so as not to reflect or shine directly on adjacent properties. Lighting shall be installed and maintained as required in Article IX.
(e)
Markings and access. Parking spaces, driveways and aisles shall be clearly marked and delineated. For safety and fire-fighting purposes, direct through access between adjacent parking areas shall be provided.
(5)
Joint facilities. Any two or more nonresidential establishments may collectively join in providing the required off-street parking spaces, provided that the total of such parking facilities shall equal the sum of the required parking for each participating establishment. All required parking spaces shall be within 1,400 feet of the entrances of each of the participating establishments. A legal agreement ensuring that the facility will be available to all participants shall be approved by the Land Use Board Attorney before approval of joint parking, and such agreement shall remain in effect as long as at least one of the uses exists.
(6)
Location of parking facilities.
(a)
Separate lot. Parking facilities shall be located on the same lot as the principal structure, except that if space for the required off-street parking is not available on the same lot, off-street parking may be provided within 1,400 feet of the entrance of the use or structure, provided that a legal agreement ensuring that the parking will be available shall be approved by the Land Use Board Attorney, and such agreement shall remain in effect as long as the use exists.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Parking in rear. Whenever parking is provided in the rear of any nonresidential structure or use, a suitable rear entrance to the structure or use shall be provided. Parking shall be made in the back yard of every principal structure for employee and delivery truck parking.
(7)
Responsibilities of owners. It shall be the responsibility of the owner of the property to maintain all off-street parking, loading and unloading areas, driveways, aisles and accessways in good condition, free of litter and refuse, potholes, cracked pavement, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in a workable, safe and good condition. If the owner fails to undertake repairs, after proper notification by the Zoning Officer, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the Borough residents and visitors.
C.
Off-street loading and unloading. All nonresidential uses with 5,000 square feet or more of building area shall have provision for off-street loading and unloading. All such spaces shall be designed and planned in accordance with generally accepted engineering principles.
D.
Minimum standards for parking spaces. It is the intent to require all uses to provide for adequate off-street parking for employees, clients and visitors. The following standards are expected to meet this objective. In the event that evidence is presented that a particular use or establishment will require more off-street parking spaces than required by ordinance, the Land Use Board may require that additional off-street spaces be provided.
(1)
In the event that the number of required parking spaces results in a fraction of a space, one more parking space shall be provided.
(2)
In cases of uses not specifically mentioned, the Land Use Board shall determine the number of spaces required.
[Amended 4-20-2021 by Ord. No. 1627-2021]
(3)
In the event of a mixed use, the required off-street parking shall be the sum of the required off-street parking for each use.
(4)
In nonresidential zones, provisions shall be made in the back yard of every principal building for employee and delivery truck parking.
E.
Uses and required spaces.
Use | Minimum Number of Required Spaces |
|---|---|
Adult day-care centers [Added 6-15-2021 by Ord. No. 1635-21] | 1 per 6 participants in the adult day-care center, plus 1 space per employee on the maximum shift. |
Animal hospitals | 10, plus 1 for each employee |
Assembly halls | 1 for each 100 feet of gross floor area or 1 for each 3 seats, whichever is greater |
Auditoriums | Same as assembly halls |
Banks | 8 for each teller window, excluding drive-up facilities |
Bowling alleys | 4 for each alley |
Churches or houses of worship | 1 for each 3 seats or 1 for each 72 inches of seating space when benches rather than seats are used; where there are no benches or permanent seats, the provisions for assembly halls shall determine the requirements for parking spaces |
Clubs, lodges or fraternal organizations | 20, plus 1 additional space for each 200 square feet of gross floor area |
Colleges | 1 for each 2 students |
Community centers | Same as assembly halls |
Dwellings | 2 per dwelling unit. If the dwelling is used for a home occupation, there shall be 1 parking space for each employee in addition to that listed below for offices as a home occupation |
Grade schools | 1 space for each teacher and 1 for each employee, plus 10% |
High schools and prep schools | 10 for each classroom |
Funeral homes or mortuaries | 10, plus 1 for each 50 square feet of space devoted to chapel or slumber rooms |
Hospitals | 2 for each bed |
Industrial uses | 1 for each employee on maximum shift, plus 10%, if known, or 1 space for each 300 square feet |
Manufacturing uses | Same as industrial uses |
Nursing homes | 1 for each bed |
Offices, general and professional | 1 for each 300 square feet of gross floor area |
Offices as a home occupation | 1 for each 50 square feet of office and reception space |
Private instructional uses, such as educational, exercise, dance, martial arts, artistic, cooking, and musical instructional lessons, classes and uses [Added 6-15-2021 by Ord. No. 1635-21] | 1 space per 300 square feet |
Restaurants | 1 for each 2 seats devoted to service |
Research or laboratory uses | Same as industrial uses |
Retail stores or service businesses | 1 for each 200 square feet of gross floor area |
Skating rinks | 1 for each 120 square feet of rink area |
Service stations | 3 for each bay, plus 1 for each service vehicle |
Storage warehouses | 1 for each 500 square feet of gross floor area |
Theaters | 1 for each 3 seats |
Wholesale stores, motor vehicle establishments or furniture stores | 1 for each 400 square feet of gross floor area |
§ 290-31 Gas stations, public garages and repair shops.
A.
Limitations. No lands, premises or buildings in the Borough of Emerson shall be used for a gasoline station, except as herein provided under nonconforming uses and under Subsection C of this section.
B.
Application. Any existing or proposed gasoline station, public garage, repair shop or similar use shall not be altered or enlarged without first obtaining a permit therefor from the Land Use Board of the Borough of Emerson. Application for said permit shall be made in writing, accompanied by detailed plans and specifications of the structure intended to be altered or enlarged. No permit shall be granted unless the proposed structure, lot and use conform to the following requirements:
(1)
The lot shall not be within a distance of 200 feet, as measured along the public street from the nearest lot line of the premises so used, of a school, church, hospital, theater, public library or place of public assembly.
(2)
The lot shall not be situated or have an entrance or exit within 50 feet of any residential zone.
(3)
All facilities used in connection with said business shall be located entirely upon private property, and no facilities shall be installed for the servicing of any cars while said cars are located on the public street.
(4)
The structures shall not have any openings in the side or rear walls or roof within 10 feet of any lot line.
(5)
The structure shall not have any of its ground-floor space or workshop within 25 feet of the front street line.
(6)
All exterior and party walls of any gasoline station, public garage or repair shop hereinafter enlarged shall be built of brick or hollow tile in accordance with the provisions of the Building Code of the Borough of Emerson[1] and any ordinance fixing the fire limits within said Borough insofar as is applicable. The roof of any such building, structure or addition shall be covered with gravel roofing slate, tile, metal or other incombustible substance.
(7)
All automobile repair work shall be done inside the building and not out-of-doors.
(8)
The entrance or exit driveways for a public garage shall be at least eight feet wide and shall be extended directly to the street.
C.
Gasoline stations. Taking cognizance of the fact that gasoline stations may be inimical to the public health, safety and general welfare if located without due consideration for traffic conditions, a balanced commercial zone and surroundings, the following procedure is ordained for their establishment, anything herein under Article IV to the contrary notwithstanding.
(1)
An application for a permit for a gasoline station shall be made first to the Board of Adjustment, which shall hear the application pursuant to N.J.S.A. 40:55D-70d, as amended, and the Board of Adjustment may thereafter recommend to the Borough Council that a permit be granted for a gasoline station upon the Board's specific findings of the following:
[Amended 5-20-2014 by Ord. No. 1481; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
That any part of the lot or plot on which the station is to be situated shall be in the RC Retail Commercial Zone and a distance of 1,500 linear feet from the nearest gasoline station. Such distance shall be measured along the center line of the street or streets from a point opposite the nearest boundary line of a lot or plot line of the property to be occupied by the proposed gasoline station.
(b)
That such proposed station shall not cause the total number of all gasoline stations operating in the Borough to exceed or further exceed the total number of all gasoline stations operating in the Borough as conforming uses as of May 1, 1959. Such number is stated to be five.
(c)
That the erection and use of such station shall in no way cause traffic congestion on the highway or create a hazardous driving condition.
(d)
That such gasoline station shall be reasonably necessary for the convenience of the community and shall not be detrimental to the health, safety and general welfare of the community.
(2)
Thereupon the Borough Council may, by resolution, approve or disapprove such recommendation; and, in case such recommendation shall be approved and all statutory and other municipal requirements shall be complied with, the administrative officer in charge of granting permits shall forthwith issue such permit for such structure or use, subject to the requirements as to front, side and rear yards and other reasonable restrictions as to the structure or use as the governmental body may see fit to impose.
§ 290-32 Location of accessory buildings.
Accessory buildings in residential and nonresidential zones shall conform to the following regulations as to their location upon the lot:
A.
In the case of an interior lot fronting upon any one street, no accessory building shall be erected or altered so as to encroach upon that half of the zoning lot depth nearest the street.
B.
In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
C.
In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon the area between each respective street and the line drawn parallel to each such street in a manner to divide the lot into two equal parts.
D.
In the case of a corner lot fronting upon three or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
E.
No accessory building on an interior lot shall be located within 10 feet of its rear or side lot lines when such line forms part of the front half of the side line of an adjacent lot or the front quarter of the side line of an adjacent through lot.
F.
No accessory building on a corner lot shall be located within 10 feet of its rear or side lot line when such line forms part of the front half of the side line of an adjacent lot or the front quarter of the side line of an adjacent through lot, whether the latter is an interior or corner lot.
G.
In no case shall an accessory building project beyond the setback line controlling the adjoining buildings on the same side of the street within the block.
H.
Any accessory building in a residential or nonresidential zone shall be distant at least three feet from any parcel line and, if within 72 feet from the street line, shall be distant at least seven feet from any parcel side line.
I.
Where the height of the ground of any parcel in a residence zone is five feet or more above the curb level at a point 15 feet from the street line and continues at such or greater height to the rear of the lot, a masonry garage may be constructed within not less than 20 feet from the street line and not less than seven feet from the side line of the parcel, provided that such garage shall not extend more than five feet above the general level of the ground adjacent to the garage, such height to include check walls, roof or ornamental parapet.
J.
The limitations imposed by this section upon the location of any accessory building shall be waived when the accessory building is incorporated as an integral part of or is enclosed by the same enclosing walls as the building to which it is accessory, except that such accessory building shall meet the front yard and side yard requirements of Schedule I in Article IV.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 290-32.1 Towers for communication antennas.
[Added 2-4-1997 by Ord. No. 1078; amended 12-29-1997 by Ord. No. 1089]
A.
Definition. "Communication towers," as defined herein, shall include all antennas and towers which are used for commercial purposes to receive and transmit radio signals along with all other associated structures.
B.
Area, bulk and yard requirements are as follows:
(1)
Minimum front yard setback: 50 feet or the height of the structure, whichever is greater.
(2)
Minimum rear yard setback: 50 feet or the height of the structure, whichever is greater.
(3)
Minimum side yard setback: 50 feet or the height of the structure, whichever is greater.
(4)
Maximum height of structure: 90 feet, except where more than one set of commercial transmitting/receiving antennas are co-located on a tower, the total height of the tower shall be not greater than 150 feet. This shall be measured as the overall height, including antennas.
C.
Locations permitted.
(1)
Communication towers are permitted only on property owned or leased by the Borough of Emerson.
(2)
The Borough of Emerson must consent to property being used for communication facilities.
(3)
No such facility shall be located within 100 feet of a residential zone or within 500 feet of a hospital, school or public recreation facility.
D.
Additional requirements.
(1)
All facilities shall be suitably secured. Chain link security fencing shall be required.
(2)
Site plan approval by the Emerson Land Use Board shall be required. An application for development to co-locate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan review provided the application meets the requirements of N.J.S.A. 40:55D-46.2.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
In the event that such communication towers are abandoned or not operated for a period of one year, the same shall be removed, at the option of the Borough, at the sole expense of the operator.
(4)
Noise levels at any property line shall be not more than 50 decibels.
(5)
Site lighting shall be oriented inward to ward off side impact.
(6)
Any access to a communications facility shall conform to the driveway provisions of the Borough of Emerson Code.
(7)
Any generator located on the site shall be within a completely enclosed soundproof equipment structure. All fuel shall be contained in accordance with New Jersey Department of Environmental Protection (NJDEP) requirements.
(8)
Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.
(9)
All towers should be camouflaged to look like a tree.
(10)
Towers should be freestanding structures without cross braces or other visible supporting devices.
E.
Waiver or modification of requirements. In the event that the restrictions contained herein prevent reasonable communications and in the event that said restrictions prevent the construction of a tower in accordance with state or federal statutes and regulations, then, in such event, the Land Use Board may modify or waive the restrictions contained herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]