High Bridge City Zoning Code
ARTICLE IV
District Regulations
§ 145-401 R-1, Low Density Residential.
A.
Purpose: to provide for low density, single-family residential development, farm uses and quasi-public and public uses consistent with existing patterns of development and to minimize negative impacts on critical areas. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with the following requirements:
B.
Principal permitted uses.
(1)
All farm and agricultural activities including the sale of produce raised thereon, nurseries, small animals, livestock with the exception of the keeping of swine and commercial poultry raising which are specifically excluded in this zone, provided, however, that grounds are properly fenced for the containment of livestock and further that areas for their quartering, other than pasturing, be at least 75 feet from any street or property line.
(2)
Single-family detached dwellings.
(3)
Municipal parks, playgrounds, and other such recreational and cultural uses deemed appropriate and necessary by the Mayor and Common Council.
(4)
Other public buildings of a governmental or cultural nature.
(5)
Quasi-public outdoor recreation areas such as camps, swim clubs, and similar recreation uses.
(7)
Former single-family detached dwellings that have, as of the original adoption date of this chapter (December 11, 1997), been converted to multifamily or two-family dwelling units. Such buildings may be further altered to reduce the number of dwelling units, but not to increase the number unless a variance is obtained.
C.
Permitted conditional uses. Refer to § 145-409 for special regulations for these uses.
(1)
Single-family cluster.
(2)
Public utility uses limited to sewer, electrical, telephone and cable television lines and associated structures, except for power substations, and other utilities that may necessarily be located in a residential area.
(3)
Churches and similar places of worship, parish houses and similar accessory uses.
(4)
Public, private, parochial, and quasi-public schools and institutions of higher learning which are not conducted as a business.
(5)
Bed-and-breakfast lodging.
(6)
Accessory apartments for low- and moderate-income households.
D.
Permitted accessory uses.
(1)
Customary farm buildings for the storage of products or equipment or for the processing of farm products and which are located on the same parcel as the principal use.
(2)
Roadside stands, in connection with a farm operation, for the purpose of display and sale of farm products by the owner of the premises.
(3)
A home occupation conducted on a residential lot. Refer to § 145-301K for conditions for this use.
(4)
Private garage space for the storage of motor vehicles incidental to the principal permitted use, but not more than four such spaces, except on a farm.
(5)
Family day care homes.
(6)
Child-care programs which shall be exempt from all local zoning restrictions.
(7)
Other customary accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such building or use shall be located on the same lot as the principal building.
F.
Special regulations; community residences and group homes. Community residences for the developmentally disabled, terminally ill, persons with head injuries, or victims of domestic violence and group homes are a permitted use in all residential districts, and requirements shall be the same as for single-family dwelling units located within such districts except for the following special conditions:
(1)
In no case shall more than 15 persons, excluding resident staff, occupy a community residence or shelter. No more than 12 children shall occupy a group home.
(2)
Community residences or community shelters shall resemble single-family detached dwellings in appearance. Where an existing single-family residence is proposed to be converted for use as a community residence, the residential character of the lot and buildings shall not be changed and there shall be no exterior evidence of the community residence. No signs shall be permitted except the signs permitted for single-family detached dwellings.
(3)
The Borough Board of Health must approve the adequacy of the water supply and sewage treatment facilities to serve the number of residents and employees proposed.
(4)
Community residences shall provide occupants with a van or equivalent transportation service(s).
(5)
All community residences shall provide 0.5 parking space per resident on site. The Board shall give due consideration to provisions for visitation and the number of resident staff in order to ensure that there are ample parking facilities. Therefore, the Board may, at its discretion, require more parking spaces than 0.5 space per resident or may, if the evidence so warrants, waive strict adherence to this standard. Moreover, sufficient off-street area shall be provided for the pickup and discharge of occupants by vans or other vehicles servicing the residents.
§ 145-402 R-2, Moderate Density Residential.
A.
Purpose: to provide for moderate density single-family residential development, farm uses and quasi-public and public uses consistent with existing patterns of development and to minimize negative impacts on critical areas. Within this zone, no lot, structure or accessory structure shall be used in whole or part unless it complies with the following requirements:
B.
Permitted principal uses.
(1)
All farm and agricultural activities including the sale of produce raised thereon, nurseries, small animals, livestock with the exception of the keeping of swine and commercial poultry raising which are specifically excluded in this zone, provided, however, that grounds are properly fenced for the containment of livestock and further that areas for their quartering, other than pasturing, be at least 75 feet from any street or property line.
(2)
The sale of farm products including dairy products which have been raised on the farm from which they are to be sold.
(3)
Single-family detached dwellings.
(4)
Municipal parks, playgrounds and other recreational and cultural uses as are deemed appropriate and necessary by the Mayor and Common Council.
(5)
Other public buildings of a governmental or cultural nature.
(6)
Community residences and group homes.
(7)
Former single-family detached dwellings that have, as of the original adoption date of this chapter (December 11, 1997), been converted to multifamily or two-family dwelling units. Such buildings may be further altered to reduce the number of dwelling units, but not to increase the number unless a variance is obtained.
C.
Permitted conditional uses. Refer to § 145-409 for special regulations for these uses.
(1)
Churches and similar places of worship, parish houses and similar accessory uses.
(2)
Public utility uses limited to sewer, electrical, telephone and cable television lines and associated structures, except for power substations, and other utilities that may necessarily be located in a residential area.
(3)
Public, private, parochial and quasi-public schools and institutions of higher learning which are not conducted as a business.
(4)
Bed-and-breakfast lodging.
(5)
Accessory apartments for low- and moderate-income households.
D.
Permitted accessory uses.
(1)
Customary farm buildings for the storage of products or equipment or for the processing of farm products and which are located on the same parcel as the principal use.
(2)
Roadside stands, in connection with a farm operation, for the purpose of display and sale of farm products by the owner of the premises.
(3)
A home occupation conducted on a residential lot. Refer to § 145-301K for conditions for this use.
(4)
Private garage space for the storage of motor vehicles, incidental to the principal permitted use, but not more than four such spaces, except on a farm.
(5)
Family day care homes.
(6)
Child-care programs which shall be exempt from all local zoning restrictions.
(7)
Other customary accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such building or use shall be located on the same lot as the principal building.
F.
Special regulations.
§ 145-403 R-3, Medium Density Residential.
A.
Purpose: to provide for medium density, single-family residential development and public uses consistent with existing patterns of development and to minimize negative impacts on critical areas. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with the following requirements:
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Municipal parks, playgrounds and other municipal buildings and uses as are deemed appropriate and necessary by the Mayor and Council.
(3)
Other public buildings of a governmental or cultural nature.
(4)
Community residences and group homes.
(5)
Former single-family detached dwellings that have, as of the original adoption date of this chapter (December 11, 1997), been converted to multifamily or two-family dwelling units. Such buildings may be further altered to reduce the number of dwelling units, but not to increase the number unless a variance is obtained.
C.
Permitted conditional uses. Refer to § 145-409 for special regulations for these uses.
(1)
Townhouse dwellings.
(2)
Two-family dwellings.
(3)
Churches and similar places of worship, parish houses and similar accessory uses.
(4)
Public utility uses limited to sewer, electrical, telephone and cable television lines and associated structures, except for power substations, and other utilities that may necessarily be located in a residential area.
(5)
Public, private, parochial and quasi-public schools and institutions of higher learning which are not conducted as a business.
(6)
Accessory apartments for low- and moderate-income households.
D.
Permitted accessory uses.
(1)
A home occupation conducted on a residential lot. Refer to § 145-301K for conditions for this use.
(2)
Private garage space for the storage of motor vehicles, incidental to the principal permitted use, but no more than four such spaces.
(3)
Family day care homes.
(4)
Child-care programs which shall be exempt from all local zoning restrictions.
(5)
Other customary accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such building or use shall be located on the same lot as the principal building.
§ 145-404 R-4, High Density Residential.
A.
Purpose: to provide the high-density, single-family residential development, and quasi-public and public uses consistent with existing patterns of development and to minimize negative impacts on critical areas. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with the following requirements:
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Municipal parks, playgrounds and other municipal buildings and uses as are deemed appropriate and necessary by the Mayor and Common Council.
(3)
Other public buildings of a governmental or cultural nature.
(4)
Community residences and group homes.
(5)
Former single-family detached dwellings that have, as of the original adoption date of this chapter (December 11, 1997), been converted to multifamily or two-family dwelling units. Such buildings may be further altered to reduce the number of dwelling units, but not to increase the number unless a variance is obtained.
C.
Permitted conditional uses. Refer to § 145-409 for special regulations for these uses.
(1)
Multifamily dwellings.
(2)
Two-family dwellings.
(3)
Churches and similar places of worship, parish houses and similar accessory uses.
(4)
Public utility uses limited to sewer, electrical, telephone and cable television lines and associated structures, except for power substations, and other utilities that may necessarily be located in a residential area.
(5)
Public, private, parochial and quasi-public schools and institutions of higher learning which are not conducted as a business.
(6)
Accessory apartments for low- and moderate-income households.
D.
Permitted accessory uses.
(1)
A home occupation conducted on a residential lot. Refer to § 145-301K for conditions for this use.
(2)
Private garage space for the storage of motor vehicles, incidental to the principal permitted use, but not more than four such spaces.
(3)
Family day care homes.
(4)
Child-care programs which shall be exempt from all local zoning restrictions.
(5)
Other customary accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such building or use shall be located on the same lot as the principal building.
E.
§ 145-405 DB, Downtown Business.
A.
Purpose. To provide retail point-of-sale services in the central business district. These uses are intended to be oriented toward providing goods and services to local residential and business uses. This zone is intended to provide for small-scale retail uses and anticipate multiple uses within existing structures relying primarily on existing on-street and off-street parking.
B.
Permitted principal uses.
[Amended 12-18-2014 by Ord. No. 2014-16]
(1)
Retail stores, which sell goods or merchandise to the general public. This excludes gas and/or service stations.
(3)
Business and professional offices.
[Amended 7-21-2022 by Ord. No. 2022-025]
(4)
Restaurants and taverns.
[Amended 9-28-2023 by Ord. No. 2023-026]
(5)
Medical and health services.
[Amended 7-21-2022 by Ord. No. 2022-025]
(6)
Studios, including dance, art, aerobic and music.
[Amended 7-21-2022 by Ord. No. 2022-025]
(7)
Museums, art galleries and libraries.
(8)
Child-care centers.
(9)
Municipal parks, playgrounds, municipal buildings and other public buildings of a governmental or cultural nature, deemed appropriate and necessary by the Mayor and Common Council.
(10)
Retail/studio in the Downtown Business Zone shall have a minimum of 25% of the usable square footage dedicated to retail as defined by ordinance. Studio for the purpose of this section shall be limited to aerobic, art, music, and or dance.[1]
[Added 4-9-2015 by Ord. No. 2015-06]
[1]
Editor's Note: Former Subsection B(10), regarding certain residential uses on the upper floor of a structure, was repealed 7-21-2022 by Ord. No. 2022-025. This ordinance also redesignated former Subsection B(11) through (13) as Subsection B(10) through (12), respectively.
(11)
Mixed-use structures with a combination of two or more of the permitted principal uses within the DB Zone.
(12)
Live-work units, which are buildings that provide residential and work space within the same structure typically with work space on the ground floor and residential above.
[Added 10-8-2015 by Ord. No. 2015-29]
(a)
The work space shall comprise of no less than 15% of the principal building's first floor square footage.
(b)
The building shall be owner-occupied. Employees shall include the property owner and may include nonresidents.
(c)
The owner shall file a continuing certificate of occupancy application with the Zoning Official prior to converting to a live-work unit.
(d)
The owner shall comply with all current Borough and state land, building, and fire codes.
C.
Permitted conditional uses. Refer to § 145-409 for special regulations for these uses, except for farm stands, multifamily inclusionary development, and mixed-use commercial residential, which are outlined below.
[Amended 5-22-2014 by Ord. No. 2014-15; 12-18-2014 by Ord. No. 2014-16; 6-25-2015 by Ord. No. 2015-23; 3-31-2022 by Ord. No. 2022-008; 4-28-2022 by Ord. No. 2022-019; 10-26-2023 by Ord. No. 2023-028]
(1)
Churches and similar places of worship, parish houses and similar accessory uses.
(2)
Public utility uses.
(3)
Public, private, parochial and quasi-public schools and institutions of higher learning.
(5)
Wireless telecommunications equipment and facilities.
(6)
Multifamily inclusionary development, subject to the following conditions:
[Amended 7-21-2022 by Ord. No. 2022-025]
(a)
The parcel shall be within 1/4 mile of a rail station or mass transit stop.
(b)
The parcel shall have frontage on Center Street or Mill Street, but shall not have frontage on Main Street.
(c)
Minimum lot area shall be 20,000 square feet.
(d)
Minimum front yard setback shall be 10 feet.
(e)
Minimum side yard setback shall be 10 feet, each.
(f)
Maximum building coverage shall be 60%.
(g)
Maximum impervious coverage shall be 95%.
(h)
Maximum building height shall be three stories and 45 feet.
(i)
Maximum density shall be 34 dwelling units per acre.
(j)
Twenty percent of the total number of housing units shall be reserved for affordable households.
[1]
In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater, and rounded down if the fractional amount is less than 0.5. The developer shall provide a payment in lieu of constructing affordable units, in accordance with § 145-509 (Fractional units and payments-in-lieu) of the Borough Code, for the fraction of a unit less than 0.5.
[3]
The developer/property owner shall be responsible for retaining a qualified administrative agent to manage their affordable housing units.
(k)
Parking shall be provided in accordance with RSIS.
(l)
Market rate residential units shall not have more than two bedrooms.
(m)
All other bulk requirements shall follow the standards for the DB Zone.
(7)
Bed-and-breakfast lodging.
(8)
Cannabis retailer, subject to the following conditions:
(a)
The parcel shall have frontage on a county road.
(b)
The premises shall not be located in or upon the premises in which a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food operates, or in or upon any premises which a store that engages in licensed retail sales of alcoholic beverages operates.
(c)
No cannabis retailer shall be located within 1,000 feet of any elementary school, middle school, or high school, either public or private, the distances to be measured door-to-door.
(d)
No signage other than discrete wall signs shall be permitted. Signage shall remain innocuous. A maximum of one wall sign shall be permitted, which shall be located at the point of entry to the facility and may not be more than six square feet. A wall sign shall comply with § 145-302F(1)(a)[2], [5], and [6].
(e)
Hours of operation shall be limited to 10:00 a.m. to 7:00 p.m.
(f)
No consumption area associated with the establishment shall be permitted indoors or outdoors.
(g)
Unusual odors, smells, fragrances, or other olfactory stimulants shall be prohibited. Odor mitigation filtration systems must be installed and maintained in perfect working order.
(h)
Compliance with the Borough's site design standards and with the zone's bulk standards. Any deviation from these items shall trigger a design waiver or "c" bulk variance as applicable.
(9)
Mixed-use commercial residential, including apartments and condominiums, subject to the following conditions:
[Added 7-21-2022 by Ord. No. 2022-025]
(a)
Ground floor uses shall include permitted nonresidential uses within the DB Zone. Residential uses are permitted only on the upper floor(s) of a structure. However, a maximum of one unit may be permitted on the ground floor to meet ADA requirements if it is located in the rear half of the structure.
(b)
A maximum of six residential units shall be permitted on lots between 5,000 square feet and 10,000 square feet.
(c)
A maximum of eight residential units shall be permitted on lots greater than 10,000 square feet.
(d)
Twenty percent of the total number of housing units shall be reserved for affordable households.
[1]
In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater, and rounded down if the fractional amount is less than 0.5. The developer shall provide a payment in lieu of constructing affordable units, in accordance with § 145-509 (Fractional units and payments-in-lieu) of the Borough Code, for the fraction of a unit less than 0.5.
[2]
These units shall be consistent with the regulations of the Fair Housing Act and the Uniform Housing Affordability Controls (UHAC).
[3]
The developer/property owner shall be responsible for retaining a qualified administrative agent to manage their affordable housing units.
(e)
Market rate residential units shall not have more than two bedrooms.
(f)
All other bulk requirements shall follow the standards for the DB Zone.
D.
Permitted accessory uses.
(1)
Private garage space for the storage of commercial vehicles.
(2)
Off-street parking space for the use of patrons and employees and residents, where permitted.
(3)
Other uses and structures customarily incidental to the principal permitted use.
(4)
Child-care programs.
[Amended 7-21-2022 by Ord. No. 2022-025]
(5)
Massage, bodywork and somatic therapy. While massage parlors remain a prohibited use, massage, bodywork and somatic therapy shall be permitted as an accessory use in the DB Zone, provided the following requirements are satisfied:
[Amended 12-18-2014 by Ord. No. 2014-16]
(a)
The use is accessory to one of the following principal uses: beauty shop, salon, spa or sports facility.
(c)
A zoning permit specifically related to the accessory use shall be obtained prior to the start of any such accessory use. There shall be no violations of the Massage, Bodywork and Somatic Therapist Certification Act or the regulations promulgated thereunder, as may be amended from time to time. Any such violation shall result in an automatic rescission of the zoning permit.
(6)
Farmers' markets with a Category 2 license pursuant to Code § 190-2C and in compliance with Hunterdon County Board of Health requirements, which do not require site plan approval.
[Added 4-28-2022 by Ord. No. 2022-019]
(7)
Roof-mounted solar panels.
[Added 7-21-2022 by Ord. No. 2022-025]
E.
Area, yard and bulk requirements.
[Amended 12-18-2014 by Ord. No. 2014-16]
(1)
Minimum lot size: 5,000 square feet (0.12 acre).
[Amended 7-21-2022 by Ord. No. 2022-025]
(2)
Minimum frontage width: 50 feet.
(3)
Maximum front yard setback: eight feet.
(4)
Minimum one side yard setback: zero feet.
(5)
Minimum total of two side yards setback: five feet.
(6)
Minimum rear yard setback: 15 feet.
(7)
Minimum accessory structure side yard setback: five feet where adjacent to R-4 Zone.
(8)
Minimum accessory structure rear yard setback: five feet where adjacent to R-4 Zone.
(9)
Maximum lot coverage: 90%.
(10)
Maximum building coverage: 60%.
(11)
Maximum height: three stories and 45 feet.
F.
Special regulations.
[Amended 12-18-2014 by Ord. No. 2014-16]
(1)
Driveways shall be located at least 50 feet from a street intersection and shall be spaced sufficiently to avoid any potential hazard. No curb cuts shall exceed 30 feet in width.
(2)
No goods or materials shall be stored or displayed out-of-doors, except as provided below:
(a)
Outdoor displays of goods shall be permitted during business hours; however, a three-foot-wide, obstruction-free sidewalk zone must be maintained to allow for the free flow of pedestrian traffic.
(b)
Outdoor dining areas are permitted within the DB Zone; however, a three-foot-wide, obstruction-free sidewalk zone must be maintained to allow for the free flow of pedestrian traffic. Tables and chairs shall be secured at closing time.
(3)
Outdoor storage of construction vehicles and equipment is prohibited.[5]
[5]
Editor's Note: Former Subsection F(3), which required a site plan only for any change of use defined as outside the principal permitted use, was repealed 7-21-2022 by Ord. No. 2022-025. This ordinance also redesignated former Subsection F(4) and (5) as Subsection F(3) and (4), respectively.
(4)
Special conditions for bed-and-breakfast lodging are the same as those stipulated in § 145-409.
[Amended 7-21-2022 by Ord. No. 2022-025]
(5)
Drive-through facilities associated with any use are prohibited.
[Added 9-28-2023 by Ord. No. 2023-026]
G.
Architectural design standards.[6]
[Added 12-18-2014 by Ord. No. 2014-16]
(1)
Purpose.
(a)
The purpose of the architectural design standards is to establish a set of principles and requirements that guide future redevelopment, repairs and renovations. The following standards shall be used to prepare and review the architectural design of all buildings and structures in a development plan.
(b)
Where a development plan involves an existing building, the existing building shall be repaired and/or renovated to comply with this article.
(c)
These standards shall be applicable to properties that have frontage on Main Street and North Main Street.
(2)
Scale and articulation.
(a)
New buildings shall be designed to be an integral part of the DB Zone and be developed with appropriate consideration for both proposed and existing buildings with respect to height, massing, location and orientation.
(b)
Building wall offsets, including both projections and recesses, shall be provided along any street-facing building wall measuring greater than 40 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall.
(c)
The maximum spacing between such offsets shall be 20 feet. The minimum projection or depth of any individual offset shall not be less than one foot.
(d)
Vertical offsets can include, but are not limited to, pilasters, projecting bays and changes in facade materials.
(e)
All street-facing building walls shall have a clearly defined base, body and cap (see example below).
(f)
The architectural treatment of a facade shall be completely continued around all street-facing facades of a building.
(g)
Awnings, which add visual richness to a downtown, are encouraged for storefronts. Awnings shall be made of fire-resistant canvas or cloth. All awnings shall be securely attached to the building so that the lowest part of the awning is mounted a minimum of eight feet and a maximum of 12 feet above the sidewalk at the storefront.
(h)
No garage doors shall be permitted along any Main Street building facade. However, garage doors are permitted along what is known as North Main Street.
(i)
No parking shall be permitted between the building facade and the Main Street right-of-way.
(3)
Corner buildings.
(a)
Buildings on corners are significant buildings because they have two frontages visible from the street and act as important landmarks.
(b)
Corner buildings shall feature a prominent architectural element, which shall include one of the following patterns:
[1]
Opening space at the ground level for people to walk across the corner, with the building mass above, redefining the corner.
[2]
A recessed entry at the corner, such as the familiar angled wall with an entry door (chamfered corner).
[3]
A corner window with an important view to the building.
[4]
Bay windows that wrap the corner.
[5]
A tower element to emphasize the corner.
[6]
Other unique architectural feature(s), subject to Planning Board approval.
(4)
Roof.
(a)
The shape, pitch and color of a roof shall be architecturally compatible with the style, materials and colors of such building.
(b)
If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice shall project out horizontally from the facade and shall be ornamented with moldings, brackets or other details.
(c)
Pitched roofs are encouraged to have dormers, chimneys, cupolas or other similar elements to provide architectural interest. These elements shall be compatible with the style, materials, colors and details of the building.
(d)
Rooftop heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the street and adjacent properties.
(5)
Transparency.
(a)
Ground-floor uses in the DB Zone shall have large pane display windows on the Main Street frontage. Such windows shall be framed by the surrounding wall and shall be a minimum of 50% of the total ground level facade area.
(b)
Transoms above display windows are encouraged.
(c)
Windows shall be vertically proportioned (taller than wider) where possible.
(d)
Ground-floor windowsills along Main Street shall not be more than three feet above the sidewalk. Base panels or bulkheads are encouraged between the sidewalk and the windowsills.
(e)
Buildings of architectural styles that normally have windows with muntins (vertical dividers) or divided lights shall utilize those types of windows.
(f)
Glass blocks are not permitted on facades that abut a public street.
(g)
Exterior security grates are prohibited.
(6)
Entrances.
(a)
All entrances to a building shall be defined and articulated by utilizing such elements as lintels, pediments, pilasters, columns, porches, overhangs, etc.
(b)
The main entrance of a building shall face the street on which the property fronts.
(c)
Federal law requires that entrances be accessible to handicapped patrons wherever feasible. People with physical disabilities should be able to use the same entrance as everyone else and be provided with an accessible route into the building. When renovating, use the Americans with Disabilities Act Accessibility Guidelines with the assistance of building officials to determine the adequacy of proposed renovations in addressing the needs of the disabled.
(7)
Materials and traditional design elements.
(a)
Building facades visible from a public street shall consist of durable, long-lasting materials.
(b)
The predominant material of all street walls shall be brick, cement-board siding, wood and/or stone. Stucco may be used as an accent.
(c)
Buildings shall be designed to be in keeping with the existing Main Street historic architecture, which includes Colonial, Federal and Victorian styles.
§ 145-406 C, Commercial Zone.
A.
Purpose. It is the purpose of this zone to provide an area suitable for commercial businesses that are not detrimental, destructive or competitive with downtown retail businesses. Appropriate commerce includes business in which the point-of-sale is between two or more companies, larger service businesses inappropriate to downtown and non-noxious industrial uses, with appropriate controls to protect adjacent residential areas and the community. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with the following.
B.
Permitted principal uses.
(1)
Offices, including related workshops, warehouses, and garages, but not outdoor storage.[1]
[1]
Editor's Note: Former Subsection B(1), regarding manufacturing, repair, processing, producing, service, assembly or fabricating operations, was repealed 7-21-2022 by Ord. No. 2022-026. This ordinance also redesignated former Subsection B(2) through (6) as Subsection B(1) through (5), respectively.
(2)
Banks, or other financial institutions.
(3)
Horticulture operations limited to commercial greenhouses.
(4)
Municipal parks, playgrounds, municipal buildings and other public buildings of a governmental or cultural nature, deemed appropriate and necessary by the Mayor and Common Council.
(5)
Child-care centers.
C.
Permitted conditional uses. Refer to § 145-409 for special regulations for these uses except for uses in Subsection C(1), (2) and (8) below.
[Amended 7-21-2022 by Ord. No. 2022-026]
D.
Permitted accessory uses.
(2)
Buildings for the servicing or storage of goods, materials, equipment, or vehicles customarily needed for the principal use.
(3)
Other uses and structures customarily incidental to the principal permitted use.
(5)
The sale of parts, the undertaking of mechanical repairs and/or bodywork, and/or washing of vehicles are permitted accessory uses to automobile dealerships.
(6)
Roof-mounted solar panels.
[Added 7-21-2022 by Ord. No. 2022-026]
E.
Area, yard and building requirements.
[Amended 12-18-2014 by Ord. No. 2014-16]
(1)
Minimum lot size: 40,000 square feet.
(2)
Minimum lot frontage: 140 feet.
(3)
Minimum front yard setback: 40 feet.
(4)
Minimum one side yard setback: 30 feet.
(5)
Minimum total of two side yards setback: 50 feet.
(6)
Minimum rear yard setback: 30 feet.
(7)
Minimum accessory side yard setback: 10 feet.
(8)
Minimum accessory rear yard setback: 10 feet.
(9)
Maximum lot coverage: 70%.
(10)
Maximum building height: three stories and 40 feet.
F.
Special regulations.
(1)
Special conditions for child-care centers are the same as stipulated in the DB Zone § 145-405F(7).
(2)
The storage, assembly or disassembly, repair or manufacture of goods, materials, equipment, or vehicles outdoors is prohibited. No open waste material shall be dumped upon or permitted to remain upon any part of the lot outside of any building. Refer to § 145-301P for further storage requirements.
(4)
Prohibited uses include production or storage of explosives; residential or commercial sanitation collection; medical, chemical or radioactive waste storage, and operations such as the parking, storage, maintenance, or repair of vehicles usually and customarily associated with such businesses.[3]
§ 145-406.1 MUC, Mixed-Use Corridor Zone.
[Added 12-18-2014 by Ord. No. 2014-16]
A.
Purpose. It is the purpose of this zone to provide an area suitable for businesses and services that is compatible with the character and scale of the CR-513 corridor.
B.
Permitted principal uses.
(1)
Retail stores, which sell goods or merchandise to the general public.
[Amended 9-28-2023 by Ord. No. 2023-026]
(2)
Personal service establishments.
(3)
Business and professional offices.
(4)
Financial services.
[Amended 9-28-2023 by Ord. No. 2023-026]
(5)
Medical and health services.
(6)
Health clubs and/or fitness facilities.
(7)
Child-care centers.
(8)
Restaurants and taverns.
[Amended 9-28-2023 by Ord. No. 2023-026]
(9)
Municipal parks, playgrounds, buildings and other public buildings of a governmental or cultural nature.
(10)
Mixed-use structures with a combination of two or more of the permitted principal uses within the MUC Zone.
(11)
Live-work units, which are buildings that provide residential and work space within the same structure typically with work space on the ground floor and residential above. The work space shall comprise at least 40% of the principal building's square footage. The building shall be owner-occupied. Employees shall include the property owner and may include nonresidents.
C.
Permitted conditional uses.
(1)
Automobile repair, service, gas stations; conditions as follows:
(a)
The minimum lot area shall be 35,000 square feet.
(b)
The minimum lot frontage shall be 200 feet.
(c)
Rental of motor vehicles, RVs, trailers or boats may occur in conjunction with a gas station so long as the rentals are kept in neat order. Sales of motor vehicles, RVs, trailers and boats are prohibited.
(d)
No automobile repair work shall be done out of doors.
(e)
Parking spaces for customer vehicles awaiting repair and for employees shall be separated from the driveway and general apron area which gives access to gasoline pumps, air pumps and service bays. No designated parking space shall obstruct access to such facilities.
(f)
Vehicles stored on the premises longer than five days must be parked in the rear of the building or to the side if no rear area exists. These long-term parking areas shall be screened from public view as follows:
[1]
A minimum landscaped buffer, five feet wide, shall be provided along all property lines abutting public streets, except where curb cuts are located. Said buffer shall be planted with a staggered mixture of evergreens, deciduous shade trees and shrubs. When planted, evergreens shall be a minimum of four feet in height, deciduous trees shall be a minimum of three inches in caliper and shrubs shall be a minimum of three feet in height.
(g)
Service and parking areas shall be screened from abutting residentially zoned properties. A minimum six-foot-high, solid fence shall be erected to screen adjacent residentially zoned properties.
(h)
Parked cars for scrap must be removed as soon as the titles can be obtained.
(i)
No sale of junk car parts directly to the public shall be allowed.
(j)
Gasoline pumps and air pumps shall be placed within the required front yard of the service station, but shall be no closer than 35 feet to the property line. A canopy may be provided over the gasoline pumps provided said canopy is located no closer than 10 feet to the property line.
(k)
All waste oil, antifreeze and heating oil tanks must be on a concrete pad and have a cap to seal the top of the tanks.
(l)
Old parts and scrap steel must be stored in the side or rear yard until picked up for scrap.
(m)
Dumpster(s) stored on the premises must be located in an accessible area for pick up and clear in case of fire. Dumpsters shall not be located in the front yard. Dumpsters shall not be visible from the public right-of-way and shall be screened from view by a stockade fence or evergreen landscaping.
(n)
Minor body repair and painting of vehicles shall be permitted as an accessory use to a service station.
(2)
[1]
Editor's Note: Former Subsection C(2), regarding financial services with drive-through facilities, was repealed 9-28-2023 by Ord. No. 2023-026. This ordinance also renumbered former Subsection C(3) through (6) as Subsection C(2) through (5), respectively.
(5)
Multifamily residential above nonresidential uses, conditions as follows:
[Added 6-28-2018 by Ord. No. 2018-026]
(a)
The minimum lot area shall be 25,000 square feet.
(b)
The minimum front yard setback shall be 15 feet.
(c)
The maximum front yard setback shall be 40 feet.
(d)
The minimum side yard setback shall be 10 feet, but in the case where the adjacent use is a single-family home, the side yard setback shall be 20 feet.
(e)
The minimum rear yard setback shall be 30 feet.
(f)
The maximum lot coverage shall be 80%.
(g)
The maximum building height shall be three stories and 45 feet.
(h)
The maximum density shall be 15 units per acre.
(i)
Ground floor uses shall be permitted MUC nonresidential uses; however, a maximum of one handicapped adaptable residential unit may be permitted on the ground floor, so long as the unit is located to the rear of the nonresidential use(s) and is accessed from the side or rear of the building.
(j)
A minimum of 20% of the units shall be reserved for affordable housing. All affordable units shall be deed restricted for a minimum of 30 years. The developer shall be responsible for retaining a qualified administrative agent.
(k)
The following parameters shall not be considered a condition of the use and if they cannot be met, shall be deemed a design waiver:
[1]
Where the property abuts an existing single-family home, a solid screen comprised of either a six-foot-tall fence or evergreen shrubs six feet in height shall be installed to screen the parking area and any visible trash areas.
[2]
No dumpster or trash facilities shall be located within 20 feet of a property line shared with an existing single-family home.
D.
Permitted accessory uses.
(1)
Off-street parking.
(2)
Outdoor dining areas associated with a restaurant, however, tables and chairs shall be secured at closing time.
(3)
Outdoor displays of goods shall be permitted during business hours.
(4)
Massage, bodywork and somatic therapy shall be permitted as an accessory use in the MUC Zone, provided the following requirements are satisfied:
(a)
The use is accessory to one of the following principal uses: beauty shop, salon, spa or sports therapy facility.
(c)
A zoning permit specifically related to the accessory use shall be obtained prior to the start of any such accessory use. There shall be no violations of the Massage, Bodywork and Somatic Therapist Certification Act or the regulations promulgated thereunder, as may be amended for time to time. Any such violation shall result in an automatic rescission of the zoning permit.
E.
Prohibited uses.
(1)
The following uses are prohibited within the MUC Zone:
F.
Area, yard and building requirements.
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum lot frontage: 65 feet.
(3)
Minimum front yard setback: 10 feet.
(4)
Maximum front yard setback: 40 feet.
(5)
Minimum side yard setback: 10 feet.
(6)
Minimum rear yard setback: 30 feet.
(7)
Maximum lot coverage: 70%.
(8)
Maximum building height: three stories and 35 feet.
§ 145-407 R-O-M, Research/Office/Manufacturing.
A.
Purpose: to provide for other types of nonresidential uses not specifically provided for in the DB or C Zone. The uses in this zone are intended to be large, regional uses.
B.
Permitted principal uses.
(1)
Manufacturing of light machinery.
(2)
Fabrication of metal products including foundry.
(3)
Food and associated industries.
(4)
Laboratories comprising any of the following, biological, chemical, dental, electronic, pharmaceutical and general.
(5)
Warehousing of goods and materials.
(6)
Office complexes.
(7)
Child-care centers.
(8)
Any combination of the above permitted uses in a unified complex utilizing common parking, storage and similar services.
D.
Permitted accessory uses.
F.
Special regulations.
(1)
Special conditions for child-care centers are the same as those stipulated in the DB Zone § 145-405F(7).
(2)
The storage, assembly or disassembly, repair or manufacture of goods, materials, equipment, or vehicles outdoors is prohibited. No open waste material shall be dumped upon or permitted to remain upon any part of the lot outside of any building. Refer to § 145-301P for further storage requirements.
(4)
Prohibited uses include production or storage of explosives; residential or commercial sanitation collection; medical, chemical or radioactive waste storage, and operations such as the parking, storage, maintenance, or repair of vehicles usually and customarily associated with such businesses.[2]
§ 145-408 G, Permanently Dedicated Open Space.
A.
Purpose: to provide areas owned by municipal, county or state agencies that are free of residential or business development and subject to permanent restrictions against development. This zone is intended to provide green areas wherein members of the public may seek peace and tranquility and repose from the rigors of daily life. This zone is intended to provide places of undisturbed nature as well as governmentally organized recreational facilities.
B.
Permitted principal uses.
(1)
Municipal parks, playgrounds and municipal buildings and uses as are deemed appropriate and necessary by the Mayor and Common Council.
(2)
Other public buildings of a governmental or cultural nature.
(3)
Golf course, pools, tennis courts, basketball courts, ball fields or other recreational facilities approved by the Mayor and Common Council.
C.
Permitted conditional uses. (Reserved)
E.
Area, yard and building requirements as determined by the Mayor and Common Council.
F.
Special regulations. (Reserved)
§ 145-409 Special regulations for conditional uses.
Before a construction permit or certificate of occupancy is issued for any conditional use permitted by this chapter, application shall be made to the Planning Board. The review by the Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter. Specific conditions applicable to permitted conditional uses are as follows:
A.
Public utility uses.
(1)
The proposed installation in a specified location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
(2)
The design of any building in connection with such facilities must not adversely affect the safe and comfortable enjoyment of property in the surrounding area.
(3)
Adequate fences and other safety devices shall be provided if required by the Board. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
(4)
Landscaping, including shrubs and trees, shall be provided so as to fully screen any such installation from public view and shall be maintained.
(5)
Off-street parking shall be provided as necessary and as determined by the Board during site plan review.
B.
Automobile service stations.
[Amended 2-11-2010 by Ord. No. 2010-01]
(1)
The minimum lot area required for a service station shall be one acre and the minimum frontage shall be 200 feet.
(2)
Gasoline pumps and air pumps shall be placed within the required front yard of the service station but shall be no closer than 35 feet to any existing or future street line. A canopy may be provided over the gasoline pumps provided the said canopy should be no closer to any street line than 20 feet. All waste oil, antifreeze and heating oil tanks must be on a concrete pad and have a cap to seal the top of the tanks. Old parts and scrap steel must be stored in side or rear yard until picked up for scrap. Dumpster must be in an accessible area for pick up and clear in case of fire.
(3)
Parking spaces for customer vehicles awaiting repair and for employees shall be separated from the driveway and general apron area which gives access to gasoline pumps, air pumps and service bays. No designated parking space shall obstruct access to such facilities. Parked cars for longtime repairs and restoration must be parked in rear of building or to the side if no rear area exists in a neat and orderly fashion and not in disarray. Parked cars towed in from accidents and from impounds need to be kept in a neat fashion until picked up. Parked cars for scrap must be removed as soon as title can be obtained. No sale of junk car parts directly to the public shall be allowed.
(4)
Minor body repair and painting of vehicles shall be permitted as an accessory use to a service station.
(5)
The exterior display and parking of motor vehicles, RVs, trailers, boats and other similar equipment for sale or rent shall not be permitted unless a state-issued used car license is secured at the location. If said license is secured, exterior display and parking of motor vehicles, RVs, trailers, boats and other similar equipment for sale or rent must be on service station property and kept in neat order.
(6)
All of the other area, yard and general requirements for the zone and other applicable requirements of this chapter shall be met.
C.
Single-family cluster. In order to preserve and protect natural woodlands, areas with shallow depth to seasonal high water table or bedrock, and critical areas, and to provide open space area(s) to future residents concurrent with development, modifications to conventional zoning requirements may be reduced for single-family residential developments provided all of the following requirements are met:
(1)
There is minimum tract area of nine acres.
(2)
The density shall not exceed one dwelling unit per 2.41 acres.
(3)
Each lot permitted under this section shall meet all of the following minimum area and bulk requirements:
(a)
Minimum lot area: one acre.
(b)
Frontage: 50 feet.
(c)
Lot circle diameter: 150 feet.
(d)
Front yard: 40 feet.
(e)
Any one side yard: 30 feet.
(f)
Total of two side yards: 60 feet.
(g)
Accessory structures: fifteen-foot setbacks from side and rear yards.
(h)
Maximum percentage of lot coverage: 20%.
(i)
Maximum height: 2 1/2 stories and 35 feet.
(4)
The developer shall further establish:
(a)
The adequacy of the septic system to service the development. In the event that the applicant proposes to construct a common septic system or sewerage treatment facility to service two or more units, the plans for same must be reviewed and approved by the Borough Health Officer and the Borough Engineer.
(b)
That recharge to the groundwater will be the same in the pre- and postdevelopment conditions.
(c)
There is sufficient potable water available both as to quality and quantity.
(d)
That the potential for flooding, excess runoff and surface erosion has been considered and resolved to avoid adverse effects on the development and on surrounding areas.
(e)
That cluster development will cause less destruction to wooded or natural areas than would conventional development. This finding must be documented in an environmental impact statement for the project (see § 145-604).
(f)
That all other engineering standards of the Land Use Development Ordinance consistent with this clustering alternative shall be complied with (e.g., critical area restrictions, § 145-312).
(g)
All the findings necessitated by N.J.S.A. 40:55D-45 have been met.
(5)
An area for open space shall be created at such locations and of such shape as approved by the Planning Board.
(6)
The deed creating any lot under this residential cluster option shall contain reference to the filed subdivision map and a deed restriction incorporating the zoning requirement that the total number of building lots permitted on the original development parcel (gross land area) is limited to the number which will not exceed one unit per 2.41 acres and that future development of designated open space is prohibited. This deed restriction shall be enforceable by the Borough of High Bridge.
E.
Public, private, parochial, and quasi-public schools and institutions of higher learning.
(1)
The minimum lot area required for a school shall conform to the zone, and the minimum lot frontage shall be 400 feet.
(2)
The lot shall have frontage on and direct access to a primary municipal or county road.
(3)
Conditional use approval shall not be granted for a school unless the Borough Board of Health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.
(4)
The maximum permitted floor area ratio shall be 25%.
(5)
The maximum permitted impervious surface coverage shall be 60%.
(6)
Buildings shall have yard setbacks of at least 75 feet from a street line (front yard) and 50 feet on a side or rear yard.
(7)
No active recreational area shall be located within 25 feet of a property line nor within the front yard. Parking areas shall have a setback at least 25 feet from a street line or property line, whichever is closer.
(8)
All recreation and parking areas shall be screened from view from all property lines by landscaping in accordance with § 145-308D. The amount of parking shall be as provided in § 145-306C(3).
(9)
All exterior lighting, except that required for security purposes shall be turned off between 11:00 p.m. and 6:00 a.m. Monday through Saturday and between 6:00 p.m. and 8:00 a.m. on Sunday.
(10)
The school shall not be run as a for-profit business.
(11)
All of the other area, yard, and general requirements for the zone and other applicable requirements of this chapter shall be met.
F.
Churches.
(1)
The minimum lot area required for a church shall conform to the zone, and the minimum lot frontage shall be 200 feet.
(2)
The lot shall have frontage on and direct access to a primary municipal or county road.
(3)
Conditional use approval shall not be granted for a church unless the Borough Board of Health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.
(4)
The maximum permitted floor area ratio shall be 15%.
(5)
The maximum permitted impervious surface (lot) coverage shall be 40%.
(6)
A church shall have yard setbacks of at least 75 feet from a street line (front yard) and 25 feet on a side or rear yard.
(7)
No parking shall be located within 25 feet of any property line nor within the front yard and the number of parking spaces provided shall be as stipulated in § 145-306C(3).
(8)
Parking areas shall be screened from view from all property lines by landscaping in accordance with § 145-308.
(9)
Accessory buildings, such as a parish house, and a clergyman's residence, if provided, shall be located within the required setback lines for the principal building and, if not connected, shall be located a minimum distance from one another of 30 feet.
(10)
If a residence for the pastor/clergyman is located on a separate lot from the church, the lot shall conform to the residential zone in which it is located. If the lot is located in the DB Zone, then the bulk requirements that apply are the ones required for the R-4 Zone.
(11)
All of the other area, yard, and general requirements for the zone and other applicable requirements of this chapter shall be met.
G.
Museums, art galleries, and libraries.
(1)
The minimum lot area required for a museum, art gallery or library shall conform to the zone, and the minimum lot frontage shall be 200 feet.
(2)
The lot shall have frontage on and direct access to a primary street.
(3)
Conditional use approval shall not be granted for a museum, art gallery or library unless the Borough Board of Health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.
(4)
The maximum permitted floor area ratio shall be 15%.
(5)
The maximum permitted impervious surface (lot) coverage shall be 40%.
(6)
Buildings shall have yard setbacks of at least 50 feet from a street line (front yard) and 25 feet on a side or rear yard.
(7)
No parking shall be located within 25 feet of any property line nor within the front yard.
(8)
Parking areas shall be screened from view from all property lines by landscaping in accordance with § 145-308D.
(9)
The applicant shall offer documentation and/or testimony at the public hearing as to the anticipated parking demand associated with the proposed use, so that the Board may make a determination as to the appropriate number of parking spaces to be provided on the site, or else parking shall be provided at the rate required for unspecified uses in § 145-306C.
(10)
All of the other area, yard, and general requirements for the zone and other applicable requirements of this chapter shall be met.
H.
Automobile dealerships.
(1)
The minimum lot area required for an automobile dealership shall conform to the zone, and the minimum lot frontage shall be 400 feet.
(2)
Conditional use approval shall not be granted for an automobile dealership unless the Borough Board of Health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.
(3)
No more than 25% of the floor area and no more than 25% of the lot coverage shall be devoted to the aggregate of permitted accessory uses, including any service bays.
(4)
A building shall be erected in conjunction with the use, which building shall contain not less than 10,000 square feet of floor area.
(5)
The area devoted to the outside display of new and used vehicles, machinery or equipment shall not exceed the building area or 25% of the lot area, whichever is greater. All such display areas shall be paved.
(6)
No parking or display area shall be located closer to a street line or to a side or rear property line than 25 feet. All parking areas and all vehicle display and storage areas shall be screened from view from side and rear property lines in accordance with § 145-308D.
(8)
Service bay doors shall open toward the side property lines of the lot only and not toward a residential zone.
(9)
No motor vehicle awaiting repair shall be permitted to remain on the premises for longer than 14 days. No more than 20 vehicles awaiting repair shall be permitted to remain overnight on the premises at any one time. No junked motor vehicle(s) or equipment or part(s) thereof shall be permitted on the premises. No parts from junked motor vehicles shall be sold directly to the public.
(10)
Landscaping shall be provided in the front yard area equal to at least 50% of the front yard area and such landscaping shall be reasonably distributed throughout the entire front yard area (see § 145-808).
(11)
Parking spaces for customer vehicles and for employees shall be separated from the display and service parking areas and the number provided shall be in accordance with § 145-306C(3). No parking shall be permitted on unpaved areas.
(12)
All of the other area, yard, and general requirements for the zone and other applicable requirements of this chapter shall be met.
I.
Bed-and-breakfast lodging. The purpose of this use is to provide temporary housing for visitors to the Borough that is in keeping with the residential nature of the community. Bed-and-breakfast lodging shall be permitted within the R-1, R-2, and DB Zones provided all of the following conditions are met:
[Amended 7-21-2022 by Ord. No. 2022-025]
(1)
The use shall comply with the bulk standards of the underlying zone.
(2)
No conversions shall be permitted that would preclude the use of the residence as a single-family dwelling in the future, other than the addition of bathrooms and relocation of interior doorways.
(3)
There shall be no separate cooking facilities for each room.
(4)
Conditional use approval shall not be granted for a bed-and-breakfast unless the Borough has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.
(5)
Adequate parking must be available on the lot at the rate of one space for each guest room.
J.
Two-family dwellings. Two-family dwellings, also known as duplexes, shall be permitted as a conditional use in the R-3 and R-4 Zones, provided they meet all of the area, yard, and general requirements for single-family dwellings in the zone in which the duplex is proposed, and other applicable requirements of this chapter. Adequate parking as required by the RSIS must be provided. In addition, conditional use approval shall not be granted for a duplex unless the Borough Board of Health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use. The future conversion of a duplex, which was approved as a conditional use, to increase the number of dwelling units shall not be permitted.
K.
Accessory apartments.
(1)
Accessory apartments for low- and moderate-income households shall be permitted in single-family homes and accessory buildings in all residential zones provided:
(a)
The owner of the lot resides on a year-round basis on the property in question.
(b)
The lot conforms to the area and dimensional requirements of the zoning district.
(c)
The location of the apartment conforms to the yard requirements of the zoning district.
(d)
There shall be no more than one accessory apartment on any lot.
(e)
The accessory apartment shall be in full compliance with all applicable health and construction codes.
(f)
No accessory apartment may occupy more than 35% of the total floor area of the applicant's house.
(g)
Each apartment shall be designed to be an independent living area with its own kitchen, bathroom and sleeping facilities. Each apartment shall have a minimum of two rooms (excluding bathrooms) and have direct access to the outside or a hall with direct access to the outside. The egress door shall not alter the character of the exterior facade of the structure containing the apartment.
(h)
The occupant of the apartment must meet the income limitations established by COAH for the Hunterdon, Somerset, Middlesex Region.
(i)
The rent must be affordable to a household earning no more than 52% of median income as determined by the procedures in the Article V of this chapter.
(j)
Affordability controls of at least 10 years are imposed on the accessory apartment via a deed restriction or other instrument acceptable to the Borough's Attorney.
(k)
A condition of approving an accessory apartment shall be that the owner must submit an affidavit of continuing use every two years.
(2)
The ability to create accessory apartments shall terminate when the Borough has addressed its 1987-1999 housing obligation as defined by N.J.A.C. 5:93-1 et seq.
L.
Wireless telecommunications equipment and facilities.
(1)
Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Borough of High Bridge in order to protect the community from the visual and other adverse impacts of wireless telecommunications facilities and to preserve the scenic and historic character of the countryside that the Borough of High Bridge Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996,[2] and at the same time, without limiting the generality of the foregoing to:
(a)
Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
(b)
Encourage the location of towers in nonresidential areas and along major transportation corridors;
(c)
Minimize the total number of towers throughout the community;
(d)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(e)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(f)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening, and innovative camouflaging techniques;
(g)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(h)
Consider the public health and safety of communications towers;
(i)
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures;
(j)
Ensure through proper siting and design that towers and antennas do not cause electromagnetic interference for surrounding property owners.
[2]
Editor's Note: See 47 U.S.C. § 609 et seq.
(2)
Visual compatibility requirements.
(a)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause the visual impact of such antennas and towers to be compatible with neighboring residences and the character of the community as a whole.
(b)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant public views, streetscapes, and landscapes are not visually impaired and are protected against any visual impairment from wireless telecommunications facilities. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.
(c)
The wireless telecommunications equipment compound shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way.
(d)
The wireless telecommunications equipment compound shall be enclosed within a fence at least seven feet and no more than eight feet high, of a type approved by the Borough Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.
(e)
A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna but only if:
[1]
It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or
[2]
When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to completely shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center; and
[3]
Otherwise complies with the requirements of this section.
(3)
Conditional use standards for the location of wireless telecommunications antennas or towers. An applicant desiring to construct wireless telecommunications antennas or towers shall demonstrate in an application for major site plan approval to the satisfaction of the Planning Board, through the presentation and introduction of documentary and parole evidence, each of the following:
(a)
The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail: i) the wireless telecommunications network layout and its coverage area requirements; and ii) the need for new wireless telecommunications facilities at a specific location within the Borough. The applicant shall also provide evidence, within the environmental impact statement required for the project and to the satisfaction of the Planning Board, of all alternate wireless network plan designs that would not require the applicant to construct a wireless telecommunications tower at the proposed location.
(b)
That the applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following:
[1]
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.
[2]
Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements, or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3]
The provider's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the provider's proposed antenna.
[4]
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.
[5]
The provider demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(c)
The locations of all existing communications towers and other structures of not more than 150 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network, and the alternate network designs identified pursuant to § 145-409L(3)(a) above.
(d)
Where suitable location on an existing tower or other structure is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on such tower or other structure, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate.
(e)
A full, complete description of all alternative technologies not requiring the use of towers or other structures to provide the services to be provided by the applicant through the use of the proposed tower shall be documented in the environmental impact statement prepared for the project. No new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.
(f)
That the applicant has exercised its best efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner, the failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.
(g)
Comply with the Borough standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
Priority Schedule for Siting Facilities | ||||
|---|---|---|---|---|
Priority | Zone* | Equipment | Location | Permitted or Conditional |
1 | Commercial/Transportation | Antenna | Collocated with other antennas on existing structure or tower within a transportation corridor | P |
2 | Commercial/Transportation | Antenna | Existing structure or tower within a transportation corridor | P |
3 | Commercial | Antenna | Collocated with other antennas on existing structures or towers | P |
4 | Commercial | Antenna | Existing structure or tower | P |
5 | Residential/Transportation | Antenna | Collocated with other antennas on existing structure or tower within a transportation corridor | C |
6 | Residential/Transportation | Antenna | Existing structure or tower | C |
7 | Residential | Antenna | Collocated with other antenna on existing structure or tower | C |
8 | Residential | Antenna | Existing structure or tower | C |
9 | Commercial/Transportation | Tower | Construct a tower within a commercial transportation corridor | C |
10 | Commercial | Tower | Construct a tower in a commercial area | C |
11 | Residential/Transportation | Tower | Construct a tower within a residential transportation corridor | C |
12 | Residential | Tower | Construct a tower in a residential zone | C |
NOTE: | |
* | "Commercial" includes the C and R-O-M Zones. |
"Transportation" means the lot has frontage on Route 31 or Route 513. | |
(4)
Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection L(3), above, shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70(c):
(5)
Major site plan application requirements for the installation of wireless telecommunications towers.
(a)
All site plan details required by § 145-606 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.
(b)
A landscape plan drawn to scale showing proposed landscaping, including species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.
(c)
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (ELA/TLA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
(d)
A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.
(e)
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.
(f)
A copy of the lease or deed for the property.
(g)
A plan which shall reference all existing wireless telecommunications facilities in the Borough, any such facilities in the abutting towns which provide service to areas within the Borough of High Bridge, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(h)
Perspectives of the proposed tower at the proposed location from several sides from distances of 1,000 feet, 1/2 mile and one mile drawn to an appropriate scale.
(6)
Design standards.
(a)
The wireless telecommunications tower shall be designed and constructed so as to accommodate at least three antenna arrays of separate telecommunication providers (the applicant's plus two collocators).
(b)
Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
(c)
No lighting is permitted except that wireless telecommunication equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is no greater than 150 watts, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.
(d)
Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity, and shall be inspected at least once a year by the owner or operator. The results of the inspection shall be filed with the Construction Code Official. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(e)
Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(f)
Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.
(g)
Any proposed new telecommunication tower shall be a "monopole" unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
(h)
No equipment shall be operated so as to produce noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq., except for in emergency situations requiring the use of backup generator.
(i)
Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (ELA/TLA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(j)
The proposed tower and antenna shall not produce electromagnetic interference affecting surrounding property owners, and the tower owner shall remedy any problems that can be shown to be caused by the tower or antenna, in accordance with applicable FCC regulations.
(7)
Antenna modifications.
(a)
Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to the Borough of High Bridge a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code and the ELA/TLA Standard referenced above. Such modifications shall be subject to site plan review and approval.
(b)
Operators of wireless telecommunications facilities shall notify the Borough of High Bridge when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond to cover the costs of tower removal and site restoration. The amount of the bond shall take into consideration cost escalations.
(8)
Collocation and shared facilities and sites. FCC-licensed wireless telecommunication providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically, and economically feasible.
M.
Planned industrial parks.
(1)
A planned industrial park shall consist of a tract or parcel of land under single ownership that has a total area of not less than 10 acres. Easements and rights-of-way held by a public agency, authority or utility within the perimeter of the tract or parcel of land shall be included in the total area and shall not affect the status of the planned industrial park as defined herein. Only industrial uses specified as a permitted use in the R-O-M Zone will be permitted in a planned industrial park.
(2)
Lot area. Individual sites or lots shall be of such size that the development will have architectural uniformity and flexibility in arrangements and be of such size that all space requirements provided in this chapter are satisfied; however, no lot shall have an area less than 85,000 square feet.
(3)
The minimum lot width shall be 225 feet.
(4)
The minimum front yard shall be 70 feet.
(5)
No side yard shall be less than 30 feet. The total of the two side yards shall be no less than 70 feet.
(6)
The minimum rear yard shall be 40 feet.
(7)
The maximum lot coverage shall be 45%.
(8)
The maximum building height shall be 40 feet.
(9)
Five-thousand square feet shall be the minimum gross floor area.
(10)
Parking areas may be located in any of the required yard areas provided that they are at least 40 feet from a street line or 50 feet from the boundary of a residential use or zone. Ingress and egress shall be provided by not more than two driveways, each not less than 20, but no more than 30, feet in width. No driveways shall be located within 100 feet of an existing driveway or private street.
(11)
The planned industrial park shall set aside 20% of the tract for the preservation of existing vegetative communities and use this area for no other purpose. If requested by the Planning Board, supplemental planting with native species or removal of invasive species to enhance or restore the existing vegetative community shall be performed.
(12)
Prohibited uses include explosives; residential or commercial sanitation collection; medical, chemical or radioactive waste storage, and operations such as the parking, storage, maintenance, or repair of vehicles usually and customarily associated with such businesses permitted in the industrial park.[3]
[3]
Editor's Note: Former Subsection N, Affordable age-restricted housing, which immediately followed this subsection, was repealed 5-22-2014 by Ord. No. 2014-15.