Hasbrouck Heights City Zoning Code
ARTICLE VI
Supplementary Regulations Governing Certain Uses
§ 275-20 Regulations governing certain principal uses.
A.
Houses of worship.
(1)
Churches, temples and other houses of worship shall be governed by the following regulations.
(a)
Area, bulk and yard requirements.
[1]
Minimum lot area: 20,000 square feet.
[2]
Minimum lot width: 100 feet.
[3]
Minimum lot depth: 150 feet.
[4]
Minimum front yard: 35 feet.
[5]
Minimum side yards: 20 feet.
[6]
Minimum rear yards: 35 feet.
[7]
Maximum building height: 2 1/2 stories or 35 feet.
[8]
Maximum building coverage: 30%.
[9]
Maximum impervious coverage: 75%.
(2)
Where two or more buildings are located on a given piece of property that is under ownership or control of the applicant, they shall be separated by a yard area at least twice the average height of the two buildings or 40 feet, whichever is greater.
B.
Community residences. Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential districts, subject to the following:
(1)
A community residence or shelter shall comply fully with all zoning regulations applicable to single-family residences in the zone district in which it is located.
(2)
A community residence or shelter may not be occupied by more than six residents, excluding resident staff.[1]
[1]
Editor's Note: Former Subsection B(3), which subsection immediately followed this subsection, is deleted; it referenced provisions in § 275-22C(4) through (12) regarding community residences which were repealed 6-7-1999 by Ord. No. 1854.
C.
Townhouse (R-4 Zone).
(1)
Lot area. A townhouse development in the R-4 Zone shall minimally contain a lot area of at least 35,000 square feet. Individual townhouse units shall consist of parcels with at least 2,500 square feet of lot area, with a minimum frontage of 25 feet.
(2)
Setbacks: see Schedule 2.[2] In addition to the setbacks set forth in Schedule 2, a minimum ten-foot side yard shall be provided for the end unit in a row of townhouse units, except when abutting a street. In said event, the minimum front yard setback shall be provided.
[2]
Editor's Note: Said schedule is included at the end of this chapter.
(3)
All development hereafter undertaken in the Townhouse District (R-4 Zone) shall be in accordance with the 2019 Housing Element and Fair Share Plan of the Master Plan of the Borough of Hasbrouck Heights in respect to the provision of affordable housing within that development and in accordance with the applicable provisions of Affordable Housing Ordinance of this Code. To the extent such affordable housing is being provided in any such development, the minimum yard requirements and the maximum bulk requirements of Schedule 2 of Chapter 275 applicable to the R-5 Garden Apartment Zone shall apply to such portion of the property to be devoted to affordable housing.
[Added 5-14-2019 by Ord. No. 2441]
D.
Multifamily, garden apartments and townhouses (R-5 Zone).
(1)
Density. The maximum gross residential density for multifamily residential and other permitted residential uses shall be 20 dwelling units per acre.
(2)
Buffer area. A minimum fifteen-foot-wide landscaped buffer area shall be provided along all external lot lines.
(3)
(4)
Number of occupants permitted in multiple-family dwellings. Not more than one person over four years of age for each 120 square feet of floor space therein usable for living purposes shall live, sleep or otherwise occupy any dwelling unit in a multiple-family dwelling.
E.
Senior citizen apartments (R-6 Zone).
(1)
Density. The maximum gross residential density for senior citizen apartments in the R-6 Zone shall be 45 dwelling units per acre.
(2)
Outdoor recreation/sitting space shall be provided equivalent to 200 square feet of area per dwelling unit.
(3)
A minimum of one parking space per two dwelling units shall be required.
G.
Minimum width of stores in B-1 and B-2 Zoning Districts. No building shall be erected, altered or used in such a manner so as to contain therein more than one store for the sale either at retail or at wholesale of goods unless such store shall have a frontage upon the street of at least 10 feet. All stores shall be accessed from the street side.
H.
Hotels and motels.
(1)
A hotel or motel which is a facility providing for the temporary lodging of patrons having their domicile and residence elsewhere for a period of time no longer than 30 consecutive days nor no longer than a total of 45 days in any three-hundred-sixty-five-day period and which may also provide therein dining, drinking, conference, meeting and/or retail sales facilities but nevertheless limited to the use thereof by patrons then lodging in the hotel or motel. Such dining, drinking, conference, meeting and/or sales facilities intended for the use of persons other than lodging therein shall be conditional uses and subject to the terms contained in § 275-22E hereof.
[Amended 3-8-1994 by Ord. No. 1668]
(2)
The minimum and maximum area, yard and bulk requirements shall be as follows.
I.
Public purposes, athletic fields and swim clubs.
(1)
Public athletic fields and public purposes are defined to include and permit operations or activities in the nature of civic undertakings on the part of any organization of individuals not for pecuniary profit holding a permit to use said land from the governing body of the Borough of Hasbrouck Heights or Board of Education of the Borough of Hasbrouck Heights.
(2)
A swim club shall be considered operating with a public purpose when it is conducted by a corporation not organized for pecuniary purposes.
J.
Buffer zone and general landscaping requirements in B-1 and B-2 Zones.
(1)
Width of required buffer zone.
(a)
All commercial, business and professional offices and hotel and motel uses in the B-2 Zone adjoining or abutting a residential zone, institution or public use shall provide a buffer zone on the side or sides facing said use or zone in accordance with the following:
[1]
Commercial uses, business and professional offices and hotels and motels: 10% of lot depth or width on the side or sides facing such use or residential zone, but not less than 25 feet or greater than 50 feet.
(b)
In a B-1 Zone: five feet on the side or sides facing such residential use or zone.
(2)
No principal or accessory structure nor any off-street parking or loading areas or other uses shall be permitted within the buffer zone.
(3)
No access or driveways shall be permitted within the buffer zone.
(4)
Said buffer zone shall be kept in its natural state where wooded, and when natural vegetation is sparse plant material at least six feet in height and a solid or tightly woven fence may be required by the Planning Board so as to provide a year-round visual screen. Said planting may be placed in suitable areas in the buffer zone as shall be required by the Planning Board of the Borough of Hasbrouck Heights.
(5)
Within said buffer zone, underground utility easements shall be permitted.
(6)
The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage and yard setbacks.
(7)
Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this chapter. Failure to maintain fencing or to replace dead or diseased landscaping or any refuse which may collect therein shall be considered a violation of this chapter, in accordance with § 275-40C.
(8)
Whenever a buffer or landscaping requirement is imposed, and to the extent that same is in fulfillment of the requirements of this chapter or any other Borough ordinance, a guaranty in the form of a surety bond, cash or security deposit shall be required.
K.
Sexually oriented entertainment as a principal use. There is hereby prohibited the conduct of or operation of any premises or portion thereof providing sexually oriented adult entertainment as the same is defined in § 275-6 of this chapter as a principal use in all zones except within premises located to the east of the New Jersey Transit rail right-of-way, being those premises contained within Blocks 128, 129, 131, 132.01 and 132.02, and then upon those premises only under the following further conditions:
[Amended 11-26-2002 by Ord. No. 1983]
(1)
Location conditions. No such use shall be located or operated upon premises the outside boundary of which is within 1,000 feet of the outside boundary of any premises upon which there is located a place of worship, school, playground, park, recreational facility, residence, hotel, motel, or other premises upon which there is conducted sexually oriented adult entertainment.
[Amended 1-5-2003 by Ord. No. 1992]
(2)
Design conditions.
(a)
Minimum site size: 12,500 square feet, having width and frontage of 125 feet.
(c)
Maximum building height: 1 1/2 stories, not to exceed 18 feet.
(d)
Buffer area: at least five feet around the entire perimeter of the premises except for a total of not more than 20 feet along the frontage to provide ingress and egress; said buffer area shall be planted with evergreen trees spaced no more than eight feet on center and each of which shall be at least six feet in height at the time of planting.
(e)
Building setback: 25 feet.
(f)
Signs and displays. There shall be permitted one sign having a face area of not more than 10 square feet, which shall be flush-mounted upon the front vertical wall of the principal structure; said sign shall be limited to lettering indicating the name of the business and its address and shall contain no other images, designs or displays; said sign shall project from that vertical wall horizontally no more than six inches but shall not project beyond the top or side of that wall; said sign may be backlighted, but such lighting shall not flash or move; there maybe installed upon the exterior surface of any of the entry doors of the premises a nonlighted flat sign having a face area no larger than two square feet, which shall be limited to lettering describing any limitation as to the age of the patrons permitted upon the premises and/or the hours of the business, but which sign or signs shall contain no other design image or display; no other signs, displays or images shall be permitted on the exterior of any building nor shall any sign, display or image visible through any window be permitted; all banners, pennants flags and other such displays are prohibited.
(3)
Use conditions. No persons under the age of 18 years shall be permitted upon premises permitted under this section; premises operated hereunder shall be closed to the public between the hours of 1:00 a.m. to 10:00 a.m. of every day except Sundays, when the premises shall be closed to the public and between 1:00 a.m. on Sundays until 10:00 a.m. on Mondays.
(4)
Application of other zoning requirements or restrictions. Nothing contained herein is intended to amend any other zoning requirement or restriction applicable to the use or premises governed hereby except to the extent that the same may be specifically inconsistent, in which case the terms of this section shall apply.
L.
Farmer's market operated under the current guidelines of the New Jersey Council of Farmers and Communities with the approval and sponsorship of the New Jersey Department of Agriculture and the Hasbrouck Heights Chamber of Commerce under the following conditions:
[Added 12-14-1999 by Ord. No. 1883; amended 5-22-2001 by Ord. No. 1927; 5-11-2004 by Ord. No. 2041]
(1)
Such use shall be conducted only between June 1 and October 31 of any year.
(2)
Such use shall be conducted on one day per week, exclusive of Saturday or Sunday, as may be selected by the aforesaid Council and approved by the governing body, the Chief of Police and the Board of Health.
(3)
Such use shall be conducted only between the hours of 10:00 a.m. and 8:00 p.m. on the days approved as aforesaid.
(4)
Said use shall be conducted only in accordance with such written plans for the same as may be required by the governing body, the Chief of Police and the Board of Health after those said plans have been approved by each of them and only after any applicable municipal licenses or permits as may be otherwise required have been obtained.
M.
Cabarets and nightclubs prohibited in certain areas.
[Added 8-27-2002 by Ord. No. 1973]
(1)
No premises, the outside boundaries of which are within 1,000 feet of the outside boundaries of any property lawfully used as a residence, school, school bus stop, place of public worship, child-care center, hospital, public park, public playground or public recreation facility, shall be used or operated as a cabaret or nightclub. For the purposes hereof, a "cabaret" or "nightclub" is defined as a commercial establishment open to the public which provides, either principally or as an accessory, entertainment in the form of dancing or other entertainment by live performers other than the patrons thereof.
(2)
Exempt from the prohibition contained herein as to entertainment by live performers is the provision of entertainment when conducted as an accessory to an otherwise lawfully conducted restaurant or bar in either the B-1 Central Business District or the B-2 Highway Commercial District upon all of the following conditions:
[Added 5-9-2006 by Ord. No. 2129]
(a)
That such entertainment is composed of no more than one live musician or performer;
(b)
That such entertainment be conducted only from 6:00 p.m. until 10:00 p.m. on any Sunday through Thursday of any week, from 6:00 p.m. until 11:00 p.m. on any Friday or Saturday of any week and, if the operation of the premises upon which such entertainment is to be conducted is a bar or restaurant governed by § 84-6 of this Code (concerning alcoholic beverages: hours of sale), then nevertheless additionally on any New Year's Eve between the hours of 6:00 p.m. and midnight and, from then, on any New Year's Day until 1:00 a.m.;
§ 275-21 Regulations governing certain accessory structures and uses.
A.
Accessory structures and uses in residential districts.
(1)
Accessory structures or uses shall not be located in the required front yard or within the front half of the side yard of any residential zone and may be erected anywhere within the required rear yard, except as provided herein:
(a)
In all residential zones, accessory structures or uses shall not be located within five feet of a side or rear property line, except garages, as otherwise permitted hereunder, intended and used for the storage of automobiles and storage sheds having ground coverage of less than 96 square feet, neither of which shall be located within three feet of a side or rear property line.
(b)
Lightposts, mailboxes, fences, signs and retaining walls shall be permitted within the required front yard of any residential use. Off-street parking is also permitted in a front yard, restricted to the driveway area. Regulations governing fences and walls and signs shall also be governed by Subsections D and E, respectively.
(2)
No accessory structure or use in a residential zone shall exceed a height of 15 feet or 1 1/2 stories, except as provided in § 275-17.
(3)
No single accessory structure or use other than in-ground swimming pools shall occupy an area greater than 15% of the area of the required rear yard.
(4)
When an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
(5)
In the case of a through lot, no accessory structure or use shall encroach upon the required front yard area along either street.
(6)
No accessory building or structure shall be used for human habitation.
(7)
Decks exceeding a height of three feet over the natural grade shall further be permitted as an exception to the restriction against projections into required yards [as in § 275-16B(4)], upon the following conditions:
[Added 3-13-2007 by Ord. No. 2154]
(a)
That such deck is no higher than the first floor of living area of the structure to which it is attached or nine feet over the natural grade of the yard, whichever is less.
(b)
That any portion of such deck that is higher than three feet over the natural grade of the yard shall be no closer than 12 feet from any side yard line.
(c)
That no railing appurtenant to such deck shall exceed an additional height of 42 inches.
(8)
No garbage, rubbish, trash, refuse and recyclables, whether or not within a container or receptacle, shall be stored in the front yard of any premises within any residential districts at any time except after 7:00 p.m. on the evening prior to the date upon which such material is to be collected for disposal in accordance with the regulations of the Department of Public Works for such collection. Exempt from this prohibition is refuse which falls upon or is deposited on the front yard as a result of a natural catastrophe until the next scheduled pickup of such material.
[Added 7-8-2008 by Ord. No. 2179]
(9)
No garbage, rubbish, trash, refuse and recyclables, whether or not within a container or receptacle, shall be stored in the side yard of any premises within any residential districts at any time unless the same is obscured by a permanent natural buffer or fencing from the vision of any person upon the public street or upon adjacent residential premises.
[Added 7-8-2008 by Ord. No. 2179]
B.
Accessory structures and uses in nonresidential districts.
(1)
Accessory structures or uses in nonresidential zones shall not be located within a required front yard, except that off-street parking spaces shall be permitted within the required front yard, but in no case shall said parking lot or portion thereof be permitted closer than 25 feet from the street right-of-way or street easement line.
(2)
Accessory structures or uses shall not be located within five feet of a side or rear lot line. Accessory structures shall be minimally 15 feet from the principal building.
(3)
No off-street loading area or loading facility in any nonresidential zone shall be permitted in a front yard.
(4)
No accessory structures or use in any nonresidential zone shall exceed a height of one story or 15 feet for a hip roof or 10 feet for a flat roof, except as provided in § 275-17.
(5)
In any nonresidential zone, when an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
C.
Private garages in residential zones. Private garages shall be permitted as accessory uses in all residential zones either as a detached structure or as a part of the principal building for the storage of automobiles which shall be owned by the occupants of the principal building. Not more than one commercial vehicle, which shall not exceed 8,000 pounds in gross weight, shall be stored in said garage. Garages in residential zones shall not exceed 25 feet in depth or 30 feet in width.
D.
Fences and walls.
(1)
No fence or wall shall be erected, altered or constructed in any residential zone which shall exceed six feet in height above ground level, except that no fence exceeding four feet in height shall be permitted in the required front yard area. Notwithstanding the foregoing, fences erected along the boundary line between the B-2 Highway Commercial Zone and any adjacent residential zone or use shall not exceed a height of eight feet.
[Amended 9-13-1994 by Ord. No. 1686]
(2)
No fence or wall shall be erected, altered or constructed in any nonresidential zone which shall exceed six feet in height above ground level. Notwithstanding the foregoing, fences erected along the boundary line between the B-2 Highway Commercial Zone and any adjacent residential zone or use shall not exceed a height of eight feet.
[Amended 9-13-1994 by Ord. No. 1686]
(3)
Notwithstanding the above provisions, if it is demonstrated to the Board of Adjustment that a retaining wall of a height greater than that set forth in Subsection D(1) and (2) is necessary, said retaining wall shall be terraced to enable suitable plantings to be installed along the retaining wall. The terraced or step retaining wall shall be constructed at a rate no greater than the ratio of one foot horizontal for every three feet vertical.
(4)
No fence or wall shall be erected, altered or constructed in any zone which shall violate the provisions of § 275-15D herein regarding sight triangle areas.
(5)
The finished side of a fence shall face adjoining properties and any adjoining street.
(6)
The height of any fence shall be measured from the highest ground level of property within three feet adjacent to the proposed or existing fence.
E.
Signs.
(1)
General regulations.
(a)
No sign shall be permitted in any zone within the Borough except in accordance with this section.
(b)
No sign shall be placed so as to interfere with a traffic light or similar safety device.
(c)
All illuminated signs shall be either indirectly lighted or of the diffused-lighting type. No sign shall be lighted by means of flashing or intermittent illumination. Sources of sign illumination shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business properties.
(d)
No permitted sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less.
(e)
The use and display, outside a permanent structure, of banners, buntings, streamers, pennons, flags, pennants, spinners or similar objects is prohibited in all zones except:
[Amended 10-8-1996 by Ord. No. 1769]
[1]
The American flag either artificially illuminated at night or, if not so illuminated, during daylight hours only, and only for noncommercial patriotic purposes.
[2]
Banners, streamers, flags or pennants upon the exterior of premises located in either the B-1 Central Business District or the B-2 Highway Commercial District which bear no writing other than the words "Grand Opening" and which may be so used or displayed for a period no longer than 14 days from the date upon which a new commercial enterprise upon that premises has opened to the public for business and, nevertheless, no more frequently as to that premises than one such fourteen-day period in any two years.
[3]
Banners posted by or on behalf of the municipality announcing a civic event or celebration.
[4]
Decorative banners along or above the public right-of-way of the Boulevard in the B-1 Central Business District erected by or on behalf of the municipality.
[5]
Decorative banners, each having an area of no more than 12 square feet, upon any residential premises but, nevertheless, no more than one per principal building on each such residential premises.
(f)
Nothing herein contained shall prohibit the following:
[Amended 1-27-2009 by Ord. No. 2200]
[1]
Signs placed by an authority of the State of New Jersey, by the County of Bergen or by the Borough of Hasbrouck Heights upon public property or public rights-of-way over which each of those respectively shall have jurisdiction.
[2]
Signs on the property of any religious organization related to the activity of that organization duly authorized by it after approval by the Chief of Police of this Borough in respect to the safety of such sign or signs.
[3]
Signs upon the property of the Board of Education of the Borough of Hasbrouck Heights after:
[4]
Real estate signs as defined in § 275-6 of this chapter but nevertheless not exceeding in the aggregate four square feet on any one parcel of property
[5]
Lights and strings of illuminated devices and graphics between Thanksgiving and the following January 10 to celebrate the holiday season.
[Added 2-11-2020 by Ord. No. 2455]
(2)
Signs in residential zones.
(a)
In residential zones, only the following signs shall be permitted:
[1]
Where doctors' and dentists' offices are located, one customary professional sign or nameplate sign not more than two square feet in area. If such sign is illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property, unless it is a porch light or lamppost light.
[2]
A sign advertising the name of a church on the premises, its pastor and its coming activities. Such signs shall be no greater than 20 square feet, with a six-foot height, and set back at least 10 feet from all property lines.
[3]
A nameplate identifying the resident of the premises and the street number.
[5]
Directional residential real estate open house signs as permitted in § 275-21E(5) hereof.
[Added 2-27-2007 by Ord. No. 2153]
(b)
None of the signs permitted in the residential district shall be erected closer to any street or road than 1/2 the setback required for the principal building to be erected on said plot, provided that a nameplate and address sign not more than one square foot in area, as regulated above, may be placed anywhere within the front yard, except as provided in § 275-15D herein, regarding sight triangle areas.
(c)
One freestanding sign accessory to a multifamily residence shall be permitted, provided that said sign is not larger than 12 square feet in area. Said sign shall only identify the project and shall not be closer to the front property line than 1/2 the required front yard setback.
(3)
Signs in B-1 Zone. Signs permitted within the residential zones shall also be permitted in the B-1 Zone under the same terms and conditions as imposed in residential zones. Further permitted are signs which indicate the use, business, product, commodity, service, activity or entertainment manufactured, sold or conducted on the premises, and then only under the following conditions:
[Amended 8-13-1991 by Ord. No. 1601; 6-22-1999 by Ord. No. 1864]
(a)
Wall signs only upon the wall having the main entrance to the premises and no greater in length than 80% of the width or front of such building and not more than three feet in height, provided that all signs related to a single business shall not have a cumulative area greater than 45 square feet.
(b)
No such signs nor the appurtenances thereto shall extend further than six inches from the surface of the wall to which they are attached.
(c)
Any sign indicating the use, business, product, commodity, service, activity or entertainment manufactured, sold or conducted on the premises must be completely removed immediately upon the cessation of the business to which those signs relate or immediately upon those premises becoming vacant, and any rights as to the size of such sign or the method of illuminating the same for another business or another occupation upon those premises shall immediately cease, notwithstanding any other provisions of this chapter.
(d)
In addition to the above referred to permitted signs, motor vehicle service stations may display signs on each filling pump for the purpose of displaying octane and price and each having an area of no greater than two square feet.
(e)
Any sign which is otherwise permitted may only be either indirectly lighted or backlit; the source of the lighting shall be covered with a translucent material, and any indirect lighting shall be aimed only at the face of the sign. In either case, the source of lighting shall transmit no more than 600 average lumins; such lighting may be clear, white or light amber, but no other color is permitted. Flashing or intermittent illumination is prohibited. Lighting emanating from glass or plexiglass tubing, commonly referred to as "neon" lighting, is prohibited in any form. No other lights shall be permitted except lights and strings of illuminated devices and graphics between Thanksgiving and the following January 10 which are strictly limited to those intended to celebrate the holiday season. In no event is LED lighting around windows, doors and signs permitted. LED lighting is prohibited.
[Amended 2-11-2020 by Ord. No. 2455; 12-19-2023 by Ord. No. 2541]
(f)
One sandwich board sign, as the same is defined in and limited by § 275-6 hereof, per lawful business conducted in the B-1 Zone may be placed upon the sidewalk area within the right-of-way of the Boulevard during the regular business hours of that business only and located as close to the entrance of that business as is reasonably possible so as not to impede pedestrian traffic along that sidewalk or entrance to or exit from that business. Said sign shall be removed upon the closing of that business each day.
[Added 8-24-2010 by Ord. No. 2243]
(g)
Any and all permitted awnings must be cloth and only in the colors black, navy blue, gray, maroon, dark brown, or similar color with white lettering.
[Added 12-19-2023 by Ord. No. 2543]
(4)
Signs in B-2 and I Zones. Signs permitted within the residential zones shall also be permitted in the B-2 and I Zones under the same terms and conditions as imposed in residential zones. Further permitted are only such signs which indicate the use, business, product, commodity, service, activity or entertainment manufactured, sold or conducted on the premises, and then only under the following conditions:
[Added 6-22-1999 by Ord. No. 1864]
(a)
Wall signs only upon the wall having the main entrance to the premises and no greater in length than 80% of the width or front of such building and not more than three feet in height, provided that all signs related to a single business shall not have a cumulative area greater than 90 square feet.
(b)
No such signs nor the appurtenances thereto shall extend further than six inches from the surface of the wall to which they are attached.
(c)
Freestanding signs shall not exceed 120 square feet in size and shall be a height of no greater than the height of the building to which it serves, but in no event more than 20 feet in height. Such signs shall be set back at least 10 feet from street and property lines, provided that a minimum twenty-five-foot setback shall be provided along Route 17.
(d)
A maximum of one freestanding sign and one wall sign are permitted per lot, provided that, where there are multiple uses, each separate use is permitted one identification sign as provided herein.
(e)
Any sign indicating the use, business, product, commodity, service, activity or entertainment manufactured, sold or conducted on the premises must be completely removed immediately upon the cessation of the business to which those signs relate or immediately upon those premises becoming vacant, and any rights as to the size of such sign or the method of illuminating the same for another business or another occupation upon those premises shall immediately cease, notwithstanding any other provisions of this chapter.
(f)
In addition to the above referred to permitted signs, motor vehicle service stations may display signs on each filling pump for the purpose of displaying octane and price and each having an area of no greater than two square feet.
(g)
Any sign which is otherwise permitted may only be either indirectly lighted or backlit; the source of the lighting shall be covered with a translucent material, and any indirect lighting shall be aimed only at the face of the sign. In either case, the source of lighting shall transmit no more than 600 average lumins; such lighting may be clear, white or light amber but no other color is permitted. Flashing or intermittent illumination is prohibited. Lighting emanating from glass or plexiglass tubing, commonly referred to as "neon" lighting, is prohibited in any form.
(5)
Directional residential real estate open house signs shall be permitted in any zone within the Borough of Hasbrouck Heights notwithstanding any other provisions in this chapter restricting the placement or size of such signs, but nevertheless only under the following terms and conditions:
[Added 2-27-2007 by Ord. No. 2153]
(a)
For the purposes of this subsection "directional residential real estate open house signs" shall be defined as temporary signage placed either upon private property with the permission of the owner of that property or within the public right-of-way, in either event under the conditions hereinafter set forth and in accordance with laws, ordinances and regulations governing public rights-of way, which signs are limited in language to so much as may be reasonably necessary to give notice to the public of residential property that is then being offered for sale and upon which there is or will be conducted an open house for the purpose of promoting such sale, to give notice of the location and times of such open house and to give notice of the name and address of the licensed real estate broker conducting such open house or the fact that such open house is being conducted by the owner intending to sell the premises.
(b)
Size. The total face area of such signs shall not exceed a maximum of 24 inches measured horizontally and 24 inches measured vertically.
(c)
Heights. The vertical distance measured from ground level to the highest point of such sign or sign structure or other support shall not exceed three feet.
(d)
Local address. Such signs shall only advertise a residence within the Borough of Hasbrouck Heights.
(e)
Limit. There shall be permitted no more than three such signs per each property for sale, one located on the subject property and two located off site; all three shall be in accordance with the terms hereof.
(f)
Type. Signs shall be mounted either on stakes placed in the ground or with an A-frame support of sufficient weight so that the sign remains upright when mounted. Signs and any supporting structures shall be maintained in good condition at all times and shall be constructed out of quality materials normally used in professional signage.
(g)
Location. No sign shall be placed:
[1]
On any trees, traffic signs or utility poles, nor be placed in such a manner as to obstruct the view of any official public sign.
[2]
On right-of-way if the location is found by the Police Department of the Borough of Hasbrouck Heights to obstruct the safe and convenient use by the public of any street, sidewalk or curbside parkway area or obstruct the necessary vision of motorists.
[3]
In any roadway area or center median area.
[4]
At any location whereby the clear space for the passageway of pedestrians is reduced to a width that violates the American with Disabilities Act.
[5]
On any street undergoing construction, nor on any streets upon which there is being conducted a special event or parade duly authorized by the Borough of Hasbrouck Heights.
[6]
Within five feet of any of the following: driveway; traffic signal; traffic sign; designated bus stop sign; bus bench or any other bench on the sidewalk.
[7]
In front of any traffic sign so as to obstruct the view of that traffic sign.
[8]
Within such proximity to any traffic sign so that any attachment to such real estate sign, such as balloons or streamers, may obstruct the view of that traffic sign.
[9]
Anywhere within five feet of any traffic sign.
(h)
Time. Such signs shall be displayed only during the open house and only on Saturdays and Sundays (or federal or state holidays), not earlier than 11:00 a.m. on that day, and must be removed no later than 5:00 p.m. on that day.
(i)
Permit. No real estate brokerage or property owner may place a sign in the public right-of-way without obtaining an "open house" real estate sign permit from the Borough. Such permits shall be issued by the Borough Clerk upon the completion of an application in the form the Clerk shall provide and upon the payment of the permit fee hereinafter required.
[1]
Permittee. The permittee must be either the owner of the property or a licensed real estate broker of the State of New Jersey who shall sign an application agreeing to comply with the regulations and who shall pay an annual permit fee in the sum as set forth is Chapter 133, Fees.
[2]
Insurance. The permittee shall provide proof of and shall maintain in force policies of insurance, or certificates thereof, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000.
[3]
Annual permit. A permit may be issued on an annual basis from January 1 to the following December 31 of any year.
[4]
Decal required. Each sign placed in the public right-of-way must have a real estate open house sign decal, which shall be displayed on each sign at all time indicating the name and address of the permittee.
(j)
Any sign installed, placed or deposited in violation of the Code may be removed by the Borough and placed in storage; provided, however, that any sign determined to have a replacement value of less than $25 may be immediately disposed of by Borough personnel. Upon removal, the owner, if ascertainable, of any sign determined to have a replacement value of $25 or more, shall be promptly notified verbally or in writing. Upon failure of the owner to claim such sign and pay the expenses of removal and storage within 30 days after removal, the sign may be disposed of without any further notice to such owner.
F.
[1]Security gates or barriers. The installation or use of any roll-up horizontal security gates or barriers or side-folding vertical security gates or barriers on the exterior of any building is prohibited except for temporary plywood or metal panels which are erected to protect the structure during storms and which are removed immediately following such storm.
[Added 4-13-2021 by Ord. No. 2477]
[1]
Editor's Note: Former Subsection F, Office of a resident professional, as amended 8-13-1991 by Ord. No. 1601, was repealed 12-14-1999 by Ord. No. 1881.
G.
Swimming pools.
(1)
Permanent and portable swimming pools accessory to a residential use may only be erected on the same zone lot as the principal structure. Said pool may be erected in the side or rear yard of the zone lot. The wall of the swimming pool shall be located no closer than 10 feet to a side or rear yard line. All such pools shall be suitably fenced in accordance with Borough requirements.
(2)
Water-filtration pumps shall be situated no closer than 10 feet to a side or rear lot line and be suitably landscaped with dense plantings or shielded by opaque wooden fencing to buffer pump noise from adjoining property owners.
(3)
These regulations shall not apply to portable swimming pools which are less than two feet in height.
H.
Cabanas.
(1)
Cabanas accessory to a residential swimming pool, where provided, may only be erected on the same zone lot as the principal structure. Such cabana shall comply in all respects with the regulations governing accessory structures and uses in residential zones.
(2)
Cabanas shall occupy an area no greater than 50 square feet and shall not exceed a height of 10 feet.
I.
The filming or taping of commercial movies, advertisements, shows or other such productions intended for public viewing and/or display by professional crews upon any premises in the Borough of Hasbrouck Heights.
[Added 4-28-1998 by Ord. No. 1814]
(1)
In any residential zone, no premises shall be so used unless such an undertaking is limited to the interior of a permanent structure upon such premises, unless such premises is otherwise regularly occupied as a residence in a lawful manner and continues to be so occupied during that undertaking, and unless between the hours of 8:00 a.m. and 11:00 p.m. The motor vehicles used in connection with such undertaking must be parked upon the subject premises between the aforesaid hours and in the manner permitted under this chapter for other motor vehicles or upon the public street between the aforesaid hours but only directly in front of the subject premises and only as otherwise permitted by law or ordinance.
(2)
In any other zone, no premises shall be so used unless during the hours otherwise permitted under this chapter for the conduct of the regular business upon such premises and unless such undertaking has been approved by the Chief of Police or his designee and licensed in accordance with Chapter 137 hereof, entitled "Filming."
(3)
Nothing herein contained shall in any way apply to or restrict the unscheduled filming or taping of news or public interest productions pertaining to matters of immediate public concern or to the filming or taping for private viewing or display.
J.
Sexually oriented entertainment as an accessory to permitted uses. There is hereby prohibited the conduct or operation of any premises or portion thereof providing sexually oriented adult entertainment as the same is defined in § 275-6 of this chapter as an accessory to an otherwise permitted use in all zones except within premises fronting along the easterly sideline of State Highway Route 17 from its intersection with Franklin Avenue and running northerly along said sideline a distance of 2,889 feet (more or less) to the southerly sideline of Block 125.05, being those premises contained in Blocks 103.02, 111, 168.02, 119.03, 120.03, 124.03 and 127.03, and then upon those premises only under the following conditions:
[Added 12-27-2001 by Ord. No. 1950; amended 11-26-2002 by Ord. No. 1983; 1-5-2003 by Ord. No. 1992]
(1)
Location conditions. No such accessory use shall be located or operated upon premises the outside boundary of which is within 1,000 feet of the outside boundary of any other premises upon which there is located a place of worship, school, playground, park recreational facility, residence, hotel, motel, school bus stop, hospital, child-care center, or other premises upon which there is conducted sexually oriented adult entertainment.
[Amended 12-19-2023 by Ord. No. 2540]
(2)
Design conditions.
(a)
Signs and displays. There shall be permitted one sign having a face area of not more than 10 square feet, which shall be flush-mounted upon the front vertical wall of the principal structure; said sign shall be limited to lettering indicating the name of the business and its address and shall contain no other images, designs or displays nor any language to indicate or suggest the conduct of the subject accessory use; said sign shall project from that vertical wall horizontally no more than six inches but shall not project beyond the top or side of that wall; said sign may be backlighted, but such lighting shall not flash or move; there may be installed upon the exterior surface of any of the entry doors of the premises a nonlighted flat sign having a face area no larger than two square feet, which shall be limited to lettering describing any limitation as to the age of the patrons permitted upon the premises and/or the hours of the business, but which sign or signs shall contain no other design image or display; no other displays shall be permitted on the exterior of any building nor shall any sign or display visible through any window be permitted; all banners, pennants, flags and other such displays are prohibited. In the alternative to the aforesaid restrictions on signs and displays, the general provisions of the zoning and site plan ordinances may instead apply if the premises are provided with an alternative buffer in conformity with Subsection J(2)(b) following hereafter.
(b)
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. Said perimeter buffer area shall be planted with evergreen trees spaced no more than eight feet on center and each of which shall be at least six feet in height at the time of planting; no sign shall project above the buffer.
[Amended 12-19-2023 by Ord. No. 2540]
(3)
Use conditions.
(a)
Such accessory use shall be limited to a separate room or rooms of the business premises to which admission to the public is allowed only through an interior doorway or doorways, which room or rooms shall have a floor area no greater than 33% of the total floor area of the portion of the premises open to the public.
(b)
No persons under the age of 18 years shall be permitted upon that portion of the premises permitted under this section; premises operated hereunder shall be closed to the public from 11:00 p.m. of every day until 10:00 a.m. of the following day and all day on all Sundays.
(4)
Application of other zoning requirements or restrictions. Nothing contained herein is intended to amend any other zoning requirement or restriction applicable to the use or premises governed hereby except to the extent that the same may be specifically inconsistent, in which case the terms of this section shall apply.
K.
Sidewalk cafes, defined for the purposes hereof to be outdoor dining facilities located immediately adjacent to a permanent structure in the B-1 Zone or Central Business District for the service of prepared food and nonalcoholic beverages ready for consumption by its patrons upon the half of the paved impervious sidewalk area of the public right-of-way closest to the premises between the front of such premises and the curbline of the Boulevard and, also, if the premises are also immediately adjacent to a side street, then upon the half of the paved impervious sidewalk of the public right-of-way of that side street closest to the premises a distance running along the sideline of the subject premises of no more than 50 feet from the Boulevard front line of the premises but no closer to a residential entrance than five feet, all upon the following minimal conditions:
[Added 7-9-1996 by Ord. No. 1761; amended 4-8-1997 by Ord. No. 1790; 8-10-2004 by Ord. No. 2052; 8-24-2010 by Ord. No. 2244; 7-10-2012 by Ord. No. 2283]
(1)
That the premises to which the sidewalk café is an accessory is already a lawfully existing facility in the primary business of serving prepared food and nonalcoholic beverages ready for consumption either upon the existing facility or ready for consumption elsewhere, or is an existing facility in the primary business of selling prepared food and beverages, including alcoholic beverages, ready for consumption upon the existing facility, if the premises also have a plenary retail consumption license according to § 84-3 and § 84-13 of this Code. In the case of the latter use, no alcoholic beverages shall be served nor shall the consumption of alcoholic beverages be allowed in the said sidewalk café or otherwise outside of the permanent structure that has been licensed for such service and consumption.
(2)
That the tables and chairs and other equipment placed upon the sidewalk be so located so that none of it nor any of the patrons using it nor the employees serving those patrons will be situate, located, encroach upon, overhang or regularly require passage over an area of that sidewalk any greater than the width of the established premises to which the sidewalk cafe is an accessory nor outward from the front of those premises toward the curbline a distance of any more than 50% of that total distance or 50% of the permanent impervious sidewalk pavement width, whichever is less.
(3)
That there be placed upon said sidewalk area nothing other than tables, chairs, stools, benches, perimeter fencing or other barrier to pedestrians, such as planters of a height no greater than three feet, a serving table or cart of normal height no larger than two inches by four inches and umbrellas each having a diameter of no greater than 8 1/2 feet; none of the aforesaid shall be installed or located so as to overhang or encroach upon any area other than the permitted area; signs in addition to those otherwise permitted are expressly prohibited.
(4)
That none of the aforesaid tables, chairs or any other equipment be placed upon the sidewalk any earlier than 6:30 a.m. of any permitted day and that neither food nor beverage be served for consumption on the sidewalk before that hour. Nothing contained in this Subsection K(4) shall be deemed to extend the permitted hours of operation as may be otherwise provided in § 275-19.
(5)
That the aforesaid tables, chairs and all other equipment used in connection with the sidewalk cafe be removed from the sidewalk area and stored inside a permanent structure by 10:30 p.m. of any permitted day; the service of food and beverage shall cease by that time and the sidewalk shall be vacant and broom clean by that time or by the time business ceases, whichever is earlier.
(6)
That the operation of such sidewalk cafe commence no sooner than May 1 of any year and cease no later than November 30 of any year.
[Amended 11-28-2017 by Ord. No. 2396]
(7)
That the proposed operation as well as the existing use to which the cafe is an accessory be approved by the Board of Health of the Borough of Hasbrouck Heights according to its regulations applicable to both such operations.
(8)
That the operation be licensed by the Clerk of the Borough of Hasbrouck Heights in accordance with Chapter 225 of this Code.
(9)
That the facility and operations receive approval from the Construction Official of the Borough of Hasbrouck Heights after he determines that said operation will not be in any way detrimental to or hazardous in connection with pedestrian traffic. The Construction Official is hereby empowered to impose such further conditions as he deems necessary and appropriate to assure consistency with the land use ordinances and Master Plan, to protect public health and welfare and to facilitate pedestrian passage.
(10)
If after approval it is found that the operation of a sidewalk cafe is in violation of any of the terms and conditions of this subsection, the conditions of the permit, the Sidewalk Cafe Licensing Ordinance,[2] the Health Code, the Property Maintenance Code[3] or any other ordinance of the Borough of Hasbrouck Heights, the Zoning Enforcement Officer shall cause the operation to immediately cease until such time as the operation is made to comply or until the Mayor and Council, upon application of the operator, reverses or amends such order if it finds error in such order.
L.
Massage therapy as an accessory to certain permitted principal uses in the B-1 Central Business District. Massage therapy conducted by a licensed massage therapist is a permitted accessory to permitted principal uses Numbers 12 and 22[4] in the B-1 Central Business District under all of the following limitations:
[Added 7-12-2005 by Ord. No. 2093]
(1)
Such accessory use shall occupy no more than 25% of the floor area open to the public and devoted to the permitted principal use to which it is an accessory.
(2)
Such permitted accessory use shall be conducted only by a therapist or therapists validly licensed under current provisions of the Borough Health Code.
(3)
All payments to such therapists for services rendered shall be made directly to the operator of the principal permitted use, and no payment directly to the therapist or therapists either in compensation for such service or additionally as "tips" shall be permitted.
(4)
All therapists providing such services shall be certified by the association recognized by the Board of Health of the Borough of Hasbrouck Heights as the valid association providing and/or requiring adequate training for such therapist or therapists to safely provide such services; such certification must be approved by the administrative officer of the Health Department accordance with its code.
[4]
Editor's Note: See Schedule 1, Schedule of District Use Regulations, included at the end of this chapter.
§ 275-22 Regulations governing certain conditional uses.
A.
Essential services.
(1)
Enclosed structures. Such public utility services as and including electric substations, transformers, switches and auxiliary apparatus serving a distribution area and water and sewerage pumping stations in all zones shall not be located on a residential street, unless no other site is available.
(2)
Open space and facilities.
(a)
Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of electric, gas, water transmission or distribution systems or collection, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.
(b)
Adequate landscaping or screening shall be provided.
B.
Public, private or parochial school.
(1)
All nonpublic schools, where permitted, shall be subject to the following:
(a)
Said school or institution shall be a nonprofit organization within the meaning of the Internal Revenue Act and registered effectively as such thereunder.
(b)
Such school shall have, as its prime purpose, the general education of students in the arts and sciences and shall be licensed by the State Department of Education as required by law.
(3)
All schools permitted herein shall comply to all applicable regulations of the State Board of Education and to the following.
(a)
Minimum lot area: two acres.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front yard: 75 feet.
(d)
Minimum side yards: 35 feet.
(e)
Minimum rear yard: 50 feet.
(f)
Minimum recreation area: 100 square feet per pupil.
(g)
Maximum building coverage: 15%.
(h)
Maximum building height: two stories or 30 feet.
(i)
Minimum buffer: 25 feet.
(4)
The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.
(5)
Adequate fences, barriers and other safety devices shall be provided and shall be adequately landscaped for screening.
(6)
The location of such structures shall comply with the setback requirements of the zone in which they are located.
E.
Dining, drinking, conference, meeting and/or sales facilities within or upon hotel or motel premises.
[Added 3-8-1994 by Ord. No. 1668]
(1)
Premises which include such facilities shall provide, in addition to those improvements required in connection with the hotel or motel use, such other additional improvements as may be required under and in accordance with the terms of any other provisions of this chapter or of the Site Plan Ordinance[2] in respect to each dining, drinking, conference, meeting and/or sales facility as though the same were an independent use with the zone.
(2)
In considering an application for approval of such a conditional use, the reviewing board may impose such other conditions as it might otherwise lawfully impose upon such use as though it were proposed to exist independent of a hotel or motel.
(3)
The conduct of sales open to the public and not intended to be limited to the lodging patrons of the hotel or motel shall be limited to three days per week, those days being such days as the applicant demonstrates have been the three days of the week during which the hotel or motel facility has, on average over the last two years, accommodated the fewest lodging patrons; in the case of newly proposed hotels or motels, the Planning Board shall determine those three days of the week on which such sales will be permitted based upon its reasonable anticipation of the lodging business to be conducted on the premises, and such determination shall be reviewed and altered, if necessary, in accordance herewith two years thereafter.
(4)
No sales facility shall be used to accommodate merchants not otherwise qualified under the ordinances of the Borough of Hasbrouck Heights.
F.
Open, improved parking lots for the use of passenger motor vehicles within any of the residential zones, but nevertheless upon each and all of the following conditions:
[Added 4-8-1997 by Ord. No. 1792]
(1)
The lot, parcel or tract upon which such use is proposed must be immediately adjacent to, in the same ownership with and merged with a lot located in the B-1 Central Business Zone upon which there is conducted a use permitted in that zone and must not extend any more than 75 feet from the rear line of the B-1 Central Business Zone.
(2)
Use of the parking facility shall be limited to the parking of passenger motor vehicles of the residents, principals, employees, agents, invitees and/or patrons of the lawful use conducted upon the premises with which the subject parking premises is merged. The Planning Board may require any reasonable means to assure such limitation upon use.
(5)
No variance from any of the zoning requirements referred to in Subsection F(3) hereof and no waiver from any minimum design standards referred to in Subsection F(4) hereof shall be granted unless it is determined by the Planning Board upon the affirmative vote of at least 2/3 of its authorized membership that such variance or waiver can be granted without any detriment whatsoever to any residential premises adjacent to the proposed facility.
(6)
The proposed parking facility must receive not only conditional use approval in accordance with the terms hereof but also site plan approval in accordance with the usually applicable requirements thereto.
G.
Communication towers and antenna facilities, as defined in § 275-6 hereof, but nevertheless upon each and all of the following conditions:
[Added 2-22-2005 by Ord. No. 2073]
(1)
Locations permitted. As provided on Schedule 1, Schedule of District Use Regulations,[4] but nevertheless any part thereof emitting, transmitting, transferring or receiving radio waves or other such telecommunication signals (commonly and hereinafter known as an "antenna" or "antenna tower"), shall not be located within 400 feet of any of the outside boundaries of any parcel of property presently lawfully used as a residence, school, library, place of public worship, child-care center, hospital, public park, public playground, public recreation facility, any public or private facility primarily devoted to use by senior citizens or any residential building lot for which final subdivision approval has been granted.
[4]
Editor's Note: Said Schedule 1 is included at the end of this chapter.
(2)
Area, bulk and yard requirements.
(a)
All area bulk and yard requirements otherwise imposed in the zone in which the subject use is located shall apply, except that any part of such structure or structures which is erected for the purpose of emitting, transmitting, transferring or receiving radio waves or signals (commonly and hereinafter referred to as an "antenna") or any construction upon which such antenna is to be mounted (commonly and hereinafter referred to as an "antenna tower") may exceed the maximum height limitation applicable to the zoning to which it is located, but nevertheless shall not exceed a total height of 250 feet from grade or the minimum height necessary to accomplish the purpose for which that antenna or antenna tower is intended, whichever is less.
(b)
Such antenna or antenna tower shall have an area at its base no greater than a circle with a diameter of no more than 15 feet measured horizontally at grade or, if the base is above grade, a proportionately smaller area and shall taper in straight, nearly vertical lines to its highest point, which shall have an area of no greater than a circle with a diameter of no more than two feet measured horizontally.
(c)
Such antenna or antenna tower shall have no horizontal extension or appendage thereto extending any further than five feet from the perimeter of the base as measured pursuant to Subsection G(2)(b) hereof.
(d)
Such antenna or antenna tower shall not have any more such permitted extensions or appendages than a number equal to the height measured in feet divided by 25 (for example, an antenna 100 feet in height may have no more than four such appendages [100 ÷ 25 = 4]).
(e)
Such antenna or antenna tower shall be set back from the closest side line of any public right-of-way at least 25 feet.
(f)
Such antenna or antenna tower that is abandoned or out of operation for a period greater than six months shall be removed to the extent that it exceeds the otherwise applicable maximum height restrictions in the zone in which it is located; such removal may, at the option of the Borough and upon notice to the property owner, be undertaken by the Borough and, if so, the costs incurred in connection therewith shall be charged as a municipal lien on the property on which it is located, and those charges shall be collected together with real property taxes and other municipal charges for which the municipality may also impress a lien.
(g)
An applicant proposing to erect an antenna or antenna tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas in existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures. The Borough reserves the right to engage, at the applicant's expense, a professional radio frequency engineer to review such documentation.
(h)
In order to minimize tower proliferation, applicants will be required to show that they have exhausted all reasonable avenues for sharing space on existing towers or existing antenna locations. Applicants are required to submit as part of their application the location of all cellular towers within the operating range and proof that, despite reasonable efforts, it is not practicable to acquire the necessary rights or permission to install and operate its equipment at the location of such existing equipment on commercially reasonable terms or that such site is otherwise not suitable. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, an applicant must demonstrate that it is reasonably unable to secure an agreement to co-locate its equipment on such tower.
[Amended 9-13-2005 by Ord. No. 2102]
(i)
An equipment compound consisting of no more than 500 square feet per provider but no more than a total of 2,000 square feet in area may be provided in support of the towers or antenna arrays of all providers utilizing the telecommunications facility. The equipment compound shall be enclosed within a solid wooden fence at least seven feet, but not more than eight feet, in height, as approved by the Borough Engineer, and shall include a locking security gate. If high voltage is necessary for the operation of equipment within the compound, signs must be posted every 20 feet stating "Danger — High Voltage." The operator must also post "No Trespassing" signs. No signage or other methods of providing messages or commercial statements may be attached, suspended or otherwise a part of the antenna or tower structure.
[Amended 9-13-2005 by Ord. No. 2102]
(j)
Accessory buildings are permitted, if each is less than 48 square feet and 10 feet in height; however, such accessory buildings are permitted only for the sole and exclusive use and operation of the telecommunications facility and they shall be buffered and screened from public view to such an extent that they are not visible from the roadway or adjacent property lines. Such facilities may not include offices, long-term vehicle storage, other outdoor storage or other uses that are not needed to send or receive wireless telecommunications transmissions. All accessory buildings shall be located in accordance with the setback requirements for a principal building for the zone in which it is located, except that the front yard setback distance for such buildings shall be at least two times the requirement for principal buildings in the zone district where located. The use of compatible materials, such as wood, brick or stucco is required for all accessory buildings, which shall be designed to match architecturally the exterior of structures within the neighborhood. In no case will metal exteriors be allowed for accessory buildings.
[Amended 9-13-2005 by Ord. No. 2102]
(k)
Stealth or freestanding monopole structures shall be the preferred type of construction. A lattice-type tower shall be permitted only upon proof that such construction is required to support numerous antennas. Guyed towers are strictly prohibited. Climbing rungs on stealth or monopole structures must start at a height of at least 25 feet above ground.
[Amended 9-13-2005 by Ord. No. 2102]
(l)
To the greatest extent possible, all construction on the lot should be designed and sited in such a manner as to be aesthetically and architecturally compatible with its environment in order to minimize visibility from surrounding public streets and adjacent properties. All freestanding equipment (i.e., not attached to an existing structure) shall comply with screening and buffering requirements applicable to the zone.
(m)
If approval is sought for a freestanding structure owned or controlled by the applicant, approval of cellular telecommunications equipment shall be conditioned upon the agreement of the applicant to cooperate with other wireless telecommunications services providers in permitting co-location of antennas on such structure on commercially reasonable terms, unless there are structural, mechanical, regulatory or other limitations which make it infeasible to accommodate the proposed facility or the proposed facility would interfere with the wireless communications of one or more existing occupants at the site, including the applicant. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated.
[Amended 9-13-2005 by Ord. No. 2102]
(n)
Applicant shall furnish a written report prepared by a reputable individual or firm with expertise in the area of radiation emissions setting forth his or its opinion that, upon installation of the equipment and commencement of operations, aggregate radiation emissions from all equipment located at the site will not exceed New Jersey Department of Environmental Protection and Federal Communications Commission standards or the standards of any other law or regulation governing same. The written report shall indicate the factual basis for such opinion.
(o)
Immediately following installation and the commencement of operations of the equipment at maximum permitted power, the applicant shall furnish a report showing test results of aggregate radiation emissions from all equipment located at the site.
(p)
Applicant shall be required to file with the Borough copies of any and all reports or other documentation filed by the applicant at any time with the Federal Communications Commission in connection with operations at the site.
(q)
Applicant shall be required to provide documentation evidencing that any proposed communications tower has been reviewed and has been determined not to be a hazard by the Federal Aviation Administration (FAA).
(r)
When lighting is required and is permitted by the FAA or other state or federal authority, it shall be oriented inward so as to not project onto surrounding properties. Spotlighting or floodlighting shall not be permitted in and around the tower and accessory buildings. All building and parking lighting shall be shielded, utilizing downward facing fixtures in accordance with ordinance standards.
(s)
Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise or safety impacts of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street.
(t)
Parking for at least one vehicle shall be provided with gravel or paved surface adjacent to any equipment building at all tower locations.
(u)
Any new or modified tower must be certified by a professional engineer to be in accordance with structural standards for antennas promulgated by either the Electronic Industries Alliance or the Telecommunications Industry Association.
(v)
Periodic inspections of communications towers are required to ensure structural integrity. Such inspections will be required as follows: monopole towers, at least once every 10 years or earlier upon request of the Borough Engineer; self-support towers, at least once every five years. Inspections shall be conducted by an engineer licensed by the State of New Jersey, and the results of the inspection shall be provided to the Borough Engineer. Based upon the results of an inspection, the Borough may require repair or removal of a telecommunications tower.
(w)
The equipment shall at all times be operated in accordance with applicable industry standards.[5]
[5]
Editor's Note: Former Subsections G(2)(x) and (y), concerning requirements of the applicant and owners of property within 200 feet of the property upon which the tower and antennas are to be located, which immediately followed this subsection, were repealed 9-13-2005 by Ord. No. 2102.
H.
Billboards.
[Added 8-9-2005 by Ord. No. 2101]
(1)
Billboards, as defined in § 275-6 hereof, but nevertheless upon each and all of the following conditions:
(a)
The parcel shall have a minimum lot frontage of 100 feet along New Jersey State Highway Route 17.
(b)
No billboard sign shall be placed closer than 1,000 feet to another billboard sign located on the same or the opposite side of New Jersey State Highway 17. This distance shall be measured along a straight line between the two nearest points of the signs. The minimum spacing requirement shall not apply to two panels viewed from different directions of travel on New Jersey State Highway 17 and which share a common support structure.
(c)
No advertising sign shall be located within 250 feet of any intersection, interchange or right-of-way of any underpass, overpass or bridge.
(d)
Only single-sided or double-faced advertising signs with a single display per facing shall be permitted. Flashing, moving and projecting signs are prohibited.
(e)
There shall be no more than one advertising sign on a parcel; provided, however, that the advertising sign may be double-faced.
(f)
No billboard sign shall be erected within 250 feet of the nearest property line of a residentially zoned property, property used for residential purposes, any public property or any public or private parks.
(g)
No billboard sign shall exceed a height of 50 feet at its highest point above the elevation at the base of the sign.
(h)
The sign area of an advertising sign shall not exceed 675 square feet per face.
(i)
The minimum setback line of the billboard from any property line or right-of-way shall be 25 feet, measured from the closest point of the billboard to the closest point of the right-of-way.
(j)
The minimum setback line of the billboard sign from any structure shall be 10 feet.
(k)
Lighting for the advertising sign shall be designed to minimize impacts upon the surrounding area.
(l)
The base and support structure of the advertising sign shall be designed to minimize the impact on the surrounding area.
(m)
No advertising sign shall be permitted which, because of its size, shape or location, may obscure or obstruct the view of vehicular or pedestrian traffic or be confused with any authorized traffic signal.
(2)
Additional requirements for billboard applications.
(a)
The Borough shall not accept an advertising sign application for consideration and issuance unless accompanied by a valid permit of the Department of Transportation of the State of New Jersey and any other state agency having jurisdiction over such signs.
(b)
Site plan review shall be required for all advertising sign applications. Site plans shall include structural drawings, foundation specifications, wind load calculations, electrical requirements, a survey depicting the distance between the proposed advertising sign and existing advertising signage installed as of the date of the subject application and any other data reasonably required by the Planning Board to determine compliance with the applicable conditions herein imposed.
(c)
In addition to the required site plan checklist items, the applicant shall provide visual representations to the Board, demonstrating the visual impacts of the proposed advertising sign. These must be in the form of sealed diagrams and computer-generated simulations of the advertising sign proposed. These materials shall illustrate sign line and views of the proposed billboard from all adjoining property, from properties fronting on the opposite side of the highway and from points north and south of the site on Route 17.
(d)
Effort shall be made to limit the visual impacts on any adjoining property and the highway corridor, particularly impacts to property either zoned for residential use or developed with residential use. Efforts to enhance the aesthetics may consist of compatible color treatments for the support structure, landscaping around the base of the support structure, lighting and other site enhancements as deemed necessary by the Board.
I.
Restaurants with drive-through facilities. Fast-casual or fast-food restaurants with drive-through facilities are permitted as conditional uses in the B-2 Highway Commercial District. All restaurants with drive-through facilities shall be subject to the underlying bulk regulations for the B-2 District, and subject to the following additional provisions:
[Added 11-29-2022 by Ord. No. 2521]
(1)
Lot size. Restaurant drive-through facilities shall be located on lots greater than one-half acre in size.
(2)
Frontage. Restaurant drive-through facilities shall be located on lots that are adjacent to or have frontage on Route 17.
(3)
Residential setback. When a restaurant drive-through facility is located on a lot abutting a residential district, it shall be subject to a minimum setback of 100 feet from that district. Said distance requirement shall be measured by taking the straight line between the nearest residential structure and the restaurant drive-through facility.
(4)
Building design. Any restaurant building with a drive-through facility shall have an entrance facing the street and shall be clearly articulated through the use of architectural detailing. The front facade of the building shall include fenestration of at least 50% of its frontage.
(5)
Site access. Any lot containing a restaurant drive-through facility shall have a minimum distance between any two curb cuts on said lot of at least 65 feet. Direct pedestrian access from a public right of way or street shall be provided to an entrance of the building.
(6)
Service window/canopy. Drive-through service window/canopy shall be located to the side or rear of the building. Canopies shall be subject to a reduced setback of 10 feet from the property line.
(7)
Queuing lane. Drive-through service queuing lanes shall have at least eight vehicle positions for each service window and at least two waiting positions for cars leaving said window. All such spaces shall:
(9)
Hours of operation. Restaurant drive-through facilities shall be prohibited from operation between the hours of 11:00 p.m. and 5:00 a.m.
(10)
Trash areas. All service, storage and trash areas shall be completely screened from public view. All outside trash receptacles shall be located within an enclosure constructed of decorative masonry material a minimum of four feet and a maximum of six feet in height and shall be provided with opaque gates of the same height.