Lawnside City Zoning Code

ARTICLE IX

Zoning District Regulations

§ 96-69 Districts established.

For the purpose of this chapter, the Borough of Lawnside is hereby divided into seven zoning districts as follows:

R-A	Residence District
R-AA	Residence District
R-B [Repealed 7-28-1998 by Ord. No. 02-FY1999]
R-C	Residence District
B-A	Business District
B-B	Business District
I-A	Limited Industrial District
I-B	General Industrial District
CR	Conservation and Recreation District

§ 96-70 Zoning Map. [1]

The boundaries of districts shall be as shown on the map attached to and made a part of this chapter, which map shall be known as the "Zoning Map of the Borough of Lawnside." Said map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein.

[1]

Editor's Note: A copy of the Zoning Map is on file in the office of the Borough Clerk.

§ 96-71 District boundaries.

[Amended 2-28-2022 by Ord. No. 04-2022]

The boundaries of these districts are hereby established as shown on the Zoning Map of the Borough of Lawnside, Camden County, New Jersey, which accompanies and is hereby declared to be a part of this chapter, and a copy of which is on file with the Lawnside Borough Clerk. Where said map indicates a district boundary approximately on a street, the center line of such street shall be construed to be the boundary. In case the boundary line of any district shall run through any lot, the regulations and restrictions of the less restricted district shall apply to the portion of the lot lying within 25 feet at right angles from such boundary line.

The establishment of any use not expressly permitted by this chapter shall be prohibited. All uses not expressly permitted in any given use district are expressly prohibited in such district. No structure or addition thereto shall be built, moved or remodeled, and no land shall be used, occupied, reoccupied, designed or improved for use or occupancy except for a use that is permitted within the zone in which the structure or land is located.

In the interpretation and the application of these ordinances, they shall be held to be the minimum requirements for the promotion of health, safety, the environment, morals, and general welfare. It is not intended to interfere with or abrogate other rules, regulations or ordinances, provided that where this section imposes greater restrictions, the provisions of this chapter shall apply.

§ 96-71.1 Prohibited uses in all districts.

[Added 2-28-2022 by Ord. No. 04-2022]

All uses not expressly permitted by this section are prohibited in all districts (unless permitted by conditional use permit as elsewhere in this section provided), such prohibition to include, but not be limited to, the following:

Ammonia, chlorine or bleaching powder manufacture.

Adult entertainment uses.

Automobile wrecking.

Artist body painting and photographic studio.

Auction markets.

Billboards.

Boardinghouses and rooming housing.

Body piercing establishments.

Boiler works.

Carrousels, Ferris wheels, merry-go-rounds, roller coasters, miniature and practice golf courses, shooting galleries.

Check-cashing facilities.

Community drop-in centers or rehabilitation centers for those afflicted with drug abuse, alcoholism, disease, or mental illness.

Cotton oil manufacture.

Disinfectant, insecticide or poison manufacture.

Dog pounds or animal shelters.

Dormitories, fraternity or sorority houses.

Dumping of outdoor storage of waste or scrap material uses — inclusive of hazardous materials; ammunition, explosives and fireworks.

Drug treatment centers.

Establishments for the distribution of free food, toiletries, clothes, household goods, etc., including soup kitchens.

Firearms dealers.

Glue manufacture.

Heliports.

Incineration, except publicly owned incinerators or accessory to an apartment building or hospital, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal.

Junk yards, dumps, or the storage, sorting or bailing of junk, scrap iron, paper, bottles, metal or rags.

Massage parlors.

Meth manufacture.

AA.

Methadone clinics.

BB.

Motels, tourist camps or cabins, and trailer camps.

CC.

Lodging houses, boardinghouses, and rooming houses.

DD.

Trailer camp, park, and mobile home parks.

EE.

Any use, pursuant to the standards set forth in this section and/or standards as established by the NJDEP, which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibrations, or waste products.

FF.

The use of a building or structure of a temporary nature on any lot or parcel of land for living or sleeping purposes in any district on either a temporary or permanent basis.

GG.

Oilcloth and linoleum manufacture.

HH.

Paint, oil, varnish, turpentine, shellac, enamel, japan, lacquer or solvents manufacture.

II.

Parking, storing or garaging garbage, refuse or scavenger trucks.

JJ.

Power forging, riveting, hammering, punching, chipping, drawing, rolling or tumbling of metals except as necessary incident of manufacture of which these processes form a minor part and which are carried on without objectionable noise audible beyond the limits of the lot.

KK.

Prisons and correctional facilities, inclusive of halfway houses.

LL.

Tattoo parlors.

MM.

Pawn shops.

NN.

Quarry, sandpits, gravel pits, topsoil stripping.

OO.

Raw hides or skins storage, cleaning, curing, pickling, or tanning or retanning.

PP.

Roadside stands.

QQ.

Rock or stone crusher.

RR.

Rubber, latex or gutta-percha manufacture or treatment.

SS.

Shoddy manufacture or wool scouring.

TT.

Slaughtering or wholesaling of animals or fowl.

UU.

Smelting and foundries.

VV.

Soap, starch, glucose, or dextrin manufacture.

WW.

Stockyards.

XX.

Sugar refining.

YY.

Sulphureous, sulfuric, acetic, nitric, picric, carbolic, or hydrochloric acid manufacture.

ZZ.

Tar distillation or manufacture.

AAA.

Used automobile sales, except when operated in conjunction with a duly authorized new car agency and located on the same lot.

BBB.

Use Group H-High hazard use.

CCC.

Yeast planting.

§ 96-72 R-A Residence District.

[Amended 6-22-1998 by Ord. No. 09-FY1998; 7-28-1998 by Ord. No. 02-FY1999]

Use regulations. In Residence District R-A, no building or premises shall be used and no building shall be altered or erected which is arranged, intended or designed to be used except for the following uses:

(1)

Permitted uses.

(a)

Single-family detached dwellings.

(b)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

(2)

Accessory uses. Incident to any of the principal uses above listed and not involving the conduct of a business, accessory buildings on the same lot with and customarily incidental to a single detached dwelling shall be permitted, provided that there shall be no change in use that may differ from the intent of the original accessory use after same has been established, and such accessory buildings may include:

(a)

A private garage (detached), provided that the building shall not provide storage for more than one private passenger automobile for each 1,500 square feet of lot area; however, no detached garage shall house more than four private passenger automobiles. Such a garage shall not be placed nearer to a side or rear property line than three feet for a masonry structure and five feet for a frame structure and shall not be within 10 feet of the rearmost portion of the main building or nearer to a side street line than a distance equal to half of the width of the lot. Nothing herein, however, shall prevent the construction of a garage as a structural part of a dwelling, provided that such a garage does not store more than two private passenger automobiles and provided further that the outer walls of the garage shall be taken as the main walls of the dwelling when measuring the front, side and rear yards as required under Subsection B(4), (5) and (6) herein. Space for one private passenger automobile may be leased, provided that such a vehicle is not of a commercial type, and in lieu of one private passenger automobile, one commercial truck not exceeding one-ton capacity may be stored in such garage by the owner of the dwelling when residing on the premises or by the tenant.

(b)

A doghouse limited to two dogs for any one family, provided that the doghouse shall not be placed nearer to a side property line than 15 feet or nearer to the rear property line than eight feet nor within eight feet of the rearmost portion of the main building. It shall not be considered a violation of this chapter if the dogs referred to herein have a litter of puppies, provided that same are disposed of within three months from the date of their birth.

(c)

A greenhouse, provided that the building shall not be nearer to a side or rear property line than 20 feet if the same contains a chimney or stack. However, a greenhouse not containing a heating plant may be placed within three feet of a side or rear property line.

(d)

Solar energy systems for accessory use shall be permitted. They shall produce electric energy to serve the principal permitted use on the lot provided the applicable requirements in § 120A-3C have been met.

[Added 9-5-2018 by Ord. No. 03-2018]

(3)

Conditional use.

(a)

Offices of a doctor, dentist, lawyer, accountant or other profession of like character, or customary home occupations, such as dressmaking, millinery, home laundering, and similar handcrafts, located on the same lot as the principal residence and clearly incidental to the permitted dwelling in which the practitioner resides. Such use shall be conducted in accordance with the following requirements:

[1]

The area devoted to the permitted professional use or home occupation shall be located within the practitioner's dwelling and shall be equivalent to not more than 25% of the ground area covered by the practitioner's dwelling, including the attached garage, if there is one.

[2]

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

[3]

For a permitted professional office, not more than two employees, assistants, or associates in addition to the resident practitioner shall be employed on the premises. Persons engaged in a permitted home occupation shall be limited to the members of household of the operator.

[4]

The professional use or home occupation shall not in any way alter the residential character of the neighborhood nor in any way adversely affect the safe and comfortable enjoyment of the individual property rights of the neighborhood in which the use is located.

(b)

Nursing/assisted care homes, provided that such use will not constitute a nuisance because of traffic, noise, or number of patients or persons cared for and will not adversely affect the present character of the surrounding residential area and that such use shall meet all state and municipal health, fire, building and sanitary standards and be duly licensed by the state and municipality if required by statute. Such homes shall be situated on a minimum-size lot of 10,000 square feet plus 1,000 square feet additional for each patient/individual over 15 in number. No structure shall be more than two stories in height and secondary exits shall be provided from each story. No more than 20 patients/individuals shall be accommodated at one time. The minimum floor area for sleeping rooms shall be as follows: one person, 150 square feet; two or more persons, an additional 80 square feet per person. No more than four patients shall be housed in any one room regardless of its size. Each patient's room shall have a lavatory and toilet. No patient's room shall be located in the basement. Said homes will be unattached and accessible for fire-fighting purposes and evacuation at four sides. Said homes will be in compliance with American Disabilities Act.

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot area and width. The lot area shall not be less than 6,500 square feet, and the lot width shall not be less than 65 feet.

(2)

Building coverage. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(3)

Building setback line. The building setback line shall not be less than 30 feet back from the street right-of-way line (front lot line). However, no new building in the same block front nor alterations or additions to existing building, including porches or portions thereof, shall project beyond the average front wall on either side of the side lot lines of the applicant's premises, and provided that such a building setback line need not be more than 35 feet back from the street line (front lot line).

(4)

Side yard. There shall be two side yards, one on each side of every single-family detached, together having an aggregate width of not less than 16 feet and the width of the smallest side yard not less than six feet. Other permitted structures shall have a minimum side yard width of not less than eight feet.

(5)

Rear yard. There shall be rear yard, the depth of which shall not be less than 25 feet.

Height regulations. The maximum height of buildings shall be 2 1/2 stories or 35 feet in height above the mean curb level, measured at the building setback line. Where the average ground elevation at the building setback line is higher than the mean curb level, such difference in height may be added to the height limit. In the case of a terrace or open steps at the building setback line, additional height does not exceed 3 1/2 feet.

§ 96-73 R-AA Residence District.

Use regulations. In R-AA Residence Districts, no building or premises shall be used and no building shall be altered or erected which is arranged, intended or designed to be used except for one or more of the following uses:

(1)

Single-family dwelling.

(2)

Offices of a doctor, dentist, lawyer, accountant or other profession of like character, or customary home occupations, such as dressmaking, millinery, home laundering and similar handcrafts, located on the same lot as the principal residence and clearly incidental to the permitted dwelling in which the practitioner resides. Such use shall be conducted in accordance with the following requirements:

(a)

(b)

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

(c)

For a permitted professional office, not more than two employees, assistants or associates in addition to the resident practitioner shall be employed on the premises. Persons engaged in permitted home occupation shall be limited to the members of the household of the operator.

(d)

(3)

Private garage.

(4)

Noncommercial greenhouse.

(5)

Buildings erected for the housing of dogs, in which only two dogs shall be permitted.

(6)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot area and width. A lot area of not less than 10,000 square feet shall be provided for every building hereafter erected. Each lot shall have a minimum width at the building line of 80 feet.

(2)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(3)

Floor area requirement. No dwelling unit shall have a livable floor area of less than 1,000 square feet.

(4)

Building setback line. The building setback line shall not be less than 30 feet from the street right-of-way line (front lot line). However, no new building or alterations or additions to existing buildings, including porches or portions thereof, shall project beyond the average setback line of dwellings within 200 feet in the same block. In such cases, the building setback line need not exceed 35 feet from the street right-of-way line (front lot line).

(5)

Side yard. There shall be two side yards with an aggregate width of not less than 30 feet. Either side yard shall not be less than 12 feet. However, in the case of a corner lot, the yard abutting the side street shall be not less than 30 feet in width.

(6)

Rear yard. The rear yard shall be not less than 30 feet in depth.

§ 96-74 (Reserved)

[Repealed 7-28-1998 by Ord. No. 02-FY1999]

§ 96-75 R-C Residence District.

Use regulations. In R-C Residence Districts, the following uses shall be permitted:

(1)

Single-family dwelling.

(2)

(a)

(b)

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

(c)

For a permitted professional office, not more than two employees, assistants or associates in addition to the resident practitioner shall be employed on the premises. Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator.

(d)

(3)

Private garage.

(4)

Noncommercial greenhouse.

(5)

Buildings erected for the housing of dogs, in which only two dogs shall be permitted.

(6)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Single-family dwellings.

(a)

Lot area and width. The lot area shall not be less than 6,500 square feet and the lot width shall not be less than 65 feet.

(b)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(c)

Floor area requirements. No dwelling unit shall have a livable floor area of less than 900 square feet.

(d)

Building setback line. The building setback line shall not be less than 30 feet back from the street right-of-way (front lot line). However, no new building in the same block front nor alterations or additions to existing buildings, including porches or portions thereof, shall project beyond the average front wall on either side of the side lot lines of the applicant's premises, and provided that such a building setback line need not be more than 35 feet back from the street line (front lot line).

(e)

Side yard. There shall be two side yards, one on each side of every single detached dwelling, together having an aggregate width of not less than 16 feet and the width of the smallest side yard not less than six feet. Other permitted structures shall have a minimum side yard width of not less than eight feet.

(f)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 25 feet.

(2)

Garden apartments.

(a)

Lot area and width. The lot area shall not be less than five acres and the lot width shall not be less than 350 feet, and the minimum lot depth shall be 300 feet.

(b)

Occupied area. The maximum lot coverage, including all structures, shall not be greater than 20% of the gross lot area.

(c)

Floor area requirement. No dwelling shall have a floor area of less than 650 square feet. One-bedroom apartments shall have a minimum of 750 square feet of habitable floor area. Two-bedroom apartments shall have a minimum of 800 square feet of habitable floor area. Apartments with more than two bedrooms shall be prohibited.

(d)

Building setback line. The minimum front yard along primary and secondary roads shall be not less than 60 feet. Along all interior streets, no structure shall be closer than 30 feet to a street curbline.

(e)

Side yards. The minimum width of a side yard shall be not less than 50 feet where a residential district adjoins a garden apartment and not less than 35 feet in all other cases.

(f)

Rear yard. The minimum depth of a rear yard shall be not less than 50 feet.

(g)

Density. The maximum density permitted shall be 12 dwelling units per acre.

(h)

Maximum size of structure. No more than 16 dwelling units shall be contained in any one continuous structure, and there shall be no more than eight dwelling units in any unbroken apartment structure line. A setback of not less than four feet shall be deemed a satisfactory break in the apartment structure line.

(i)

Distance between structures. The minimum distance between apartment structures shall be 50 feet.

(j)

Height. The height of the habitable portion of the building shall not exceed 2 1/2 stories and the total height of the building shall not exceed three stories.

Garden apartment projects.

(1)

Garden apartment projects are specifically prohibited in all districts except in R-C Residence Districts.

(2)

A garden apartment project must have frontage in accordance with this chapter on a primary or secondary road.

(3)

A garden apartment project shall be located and arranged so as to have a courtyard between buildings on four sides.

(4)

Garden apartment projects must have public water and sewer services accessible and available.

(5)

Design standards, generally.

(a)

Street access. Any building established as part of a garden apartment project which cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to such vehicles by a paved street having a paved width of not less than 24 feet exclusive of parking spaces.

(b)

Off-street parking.

[1]

Off-street parking established in connection with a garden apartment project shall be of such design, location and arrangement as will not interfere with the access of emergency or service vehicles.

[2]

At least 1 1/2 off-street parking spaces shall be provided for each dwelling unit. No on-street parking shall be permitted on any street, whether public or private. All parking lots shall be blacktop- concrete-surfaced and approved by the Borough Building Inspector and Borough Engineer, and each parking space, including passageways, shall be not less than 300 square feet. All off-street parking areas shall be so drained as to prevent damage to abutting properties and/or streets. Such drainage design and materials shall be installed as required by the Borough Engineer. All such areas shall be at all times maintained at the expense of the owners thereof in a clean and orderly, dust-free condition. All parking lots shall be adequately lighted, either with wall-mounted or with postmounted ornamental fixtures, and light shall be adequately shielded from adjacent residences.

(c)

Sidewalks. Sidewalks shall be provided in all areas adjacent to streets and off-street parking areas and between apartment structures.

(d)

Location. No dwelling structure established as part of a garden apartment project shall be situated on a lot so as to face the rear of another dwelling structure within the development or on adjoining properties.

(e)

Interior streets (public). The minimum right-of-way width for such streets shall be 50 feet.

(f)

Types of apartments. Not more than 20% of the total number of dwelling units in any garden apartment project shall have two bedrooms. All others shall be either efficiency or one-bedroom apartments. There shall be no basement apartment units.

(g)

Recreation area. If and when a recreation site shall be developed with facilities suitable to serve the residents of the apartment project, it shall be located in an area which will not be detrimental to adjacent property owners by virtue of noise, light, glare and any other objectionable feature emanating from such a facility. No recreation area shall be located in front or side yards. At least 25% of the gross area shall be devoted to recreational use.

(h)

Outdoor laundry area. No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry for occupants of each building.

(i)

Landscaping. Where a garden apartment project abuts a residential district, an evergreen planting screen providing visual obstruction shall be provided. Planting material shall be at least six feet high at time of planting. It shall be the responsibility of the owner or developer to remove trash, garbage and snow or to employ a janitor to carry out this program, and to promote such maintenance and care as is required to obtain the effect intended by the original plan.

(j)

Semifireproof construction. All buildings erected in a garden apartment project shall be of semifireproof construction and shall comply with the provisions of the Fire Prevention Code as set forth by the American Insurance Association.

(k)

All apartment units shall be soundproofed.

(l)

There shall be a limit of 120 apartment units in any one garden apartment project constructed under the provisions of this section.

(m)

All apartments shall have garbage disposal units.

(n)

Performance bonds shall be required for landscaping and other improvements as determined by the Borough Engineer.

(o)

Identification signs shall be set back from the right-of-way line a distance of 20 feet and the total display area of the sign shall be not more than 18 square feet, with no direct illumination of the sign permitted.

(p)

All site plans shall be reviewed and approved by the Planning Board.

§ 96-76 B-A Business District.

Use regulations. In a B-A Business District, no land, building or structure may be used and no building or structure shall be altered or erected which is arranged, intended or designed to be used except for one or more of the following uses:

(1)

Business, office, store, supermarket, display and sales room or other structure where goods, articles, appliances or vehicles are sold primarily at retail; bowling alley, post office, theater, funeral parlor, restaurant, bank; personal service shops, for example, tailor shop, shoe repair shop, hand laundry, beauty parlor, barbershop; saloon, package goods store, bakery; provided that in the permitted stores or shops no merchandise shall be carried other than that intended to be sold at retail on the premises, and where service is rendered, it should be primarily for the convenience of those living in the community. If any machinery is operated by power, it shall be electric power only, and no store or separate establishment shall use more than five horsepower.

(2)

No wholesale merchandising or servicing shall be permitted unless it is incidental and subordinate to a primarily retail business.

(3)

No manufacturing, fabricating, converting, altering, finishing or assembling shall be permitted except as an incident to retail trade.

(4)

Mixed occupancy of business establishments shall be permitted, provided that dwelling units and lodging rooms shall not be permitted below the second floor and business uses shall not be permitted on any floor above the ground floor, and provided further that the following regulations are complied with:

(a)

Minimum standards for light and ventilation. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area in any habitable room shall be 10% of the floor area of such room. Wherever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included in calculating the required minimum total window area. Whenever the only window in a room is a skylight, the total window area of such skylight shall be at least 15% of the total floor area of such room.

(b)

Minimum space, use and location requirements. No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:

[1]

Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof. The floor space shall be calculated on the basis of total habitable room area.

[2]

In every dwelling unit every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space and shall have a minimum dimension of seven feet. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.

[3]

The cooking of foods is prohibited in sleeping rooms.

[4]

At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purposes of determining the maximum permissible occupancy thereof.

(c)

Every dwelling unit shall have safe and unobstructed means of egress leading to safe and open space at ground level accessible to street. In each building two or more stories above grade, the secondary exit from the second story or additional stories shall be made by stairway, fire escape or horizontal passageway providing a safe path of escape in case of emergency.

(5)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot size. The minimum lot size shall be 3,500 square feet.

(2)

Front setback line. The front setback line shall be the average setback of existing buildings within 200 feet on same side of street, but in no instance less than 20 feet.

(3)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 50% of the lot area.

(4)

Side yard. For a building or structure designed wholly for the conduct of business, no side yard shall be required.

(5)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 20 feet.

(6)

Height regulations. The maximum height of buildings shall not exceed three stories or 40 feet.

Landscaping.

(1)

Traffic visibility across corner lot. At or near an intersection, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of the motorists across the corner; provided, however, that this shall not prohibit the erection or growing of a fence, hedge, wall or shrubbery not exceeding two feet in height, and provided further that this prohibition shall be applicable for a distance of 100 feet from the point where the center lines of the intersecting streets meet.

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Landscaping requirements. Where commercial or industrial establishments or other high traffic-generating uses abut a residential district, a landscape fence or evergreen planting providing visual obstruction shall be provided. Such fence or planting material shall be at least six feet high at the time of construction or planting, and it shall be the responsibility of the property owner to carry out this program and to provide for its maintenance.

§ 96-77 Planned Office Park District.

Purposes. The Planned Office Park District has been designated in recognition of the excellence of the land for the future location of a planned office park development. The parcel is located in the east-central portion of the borough and is immediately accessible to the Woodcrest PATCO Station and the proposed ramp to Interstate 295. It is the purpose of this zone to provide areas for the use or erection of buildings and the use or occupancy of lots for professional and business offices. No building shall be erected or altered to be used in whole or in part unless it complies with the schedule of area requirements of Subsection E and the following regulations.

Permitted uses shall be as follows:

(1)

Office buildings for executive, administrative, business, educational or professional services.

(2)

Buildings used exclusively by the federal, state, county or local municipal government.

(3)

Activities of an industrial, medical or scientific research laboratory, provided that there are no inherent hazards associated with such research, and further provided that no nuisance may occur from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibrations, glare, flashes or objectionable effluent and electrical interference which may adversely affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling located in any other zone or district. The likelihood of groundwater contamination or depletion, air pollution and the problem of waste disposal shall be considered.

(4)

Any and all activities of any kind concerned with atomic energy or nuclear, fissionable or radioactive material in any form are permitted only when associated with the treatment of diseases in hospitals or doctors' offices.

(5)

Radio and television broadcasting stations and accessory uses other than towers and antennas.

(6)

Newspapers, periodicals and books; publishing and/or printing.

(7)

Commercial building.

(8)

Engineering, laboratory, scientific and research instruments and associated equipment.

(9)

Measuring and controlling instruments.

(10)

Banks located within a principal building.

(11)

Mailing, reproduction, commercial art and photography and stenographic services.

(12)

Computer and data processing services.

(13)

Regional administrative headquarters for insurance companies and pension, health and welfare funds.

(14)

Medical and dental laboratories.

(15)

Headquarters or business offices of Federal Reserve banks, commercial and stock savings banks, mutual savings banks, trust companies not engaged in deposit banking, savings and loan associations, personal credit institutions, business credit institutions, mortgage bankers and brokers and establishments performing functions closely related to banking.

Permitted accessory uses shall be as follows:

(1)

Off-street parking.

(2)

Fences and walls. (See § 96-89.)

(3)

Signs.[1]

[1]

Editor's Note: For additional sign regulations applicable within the Planned Office Park District, see § 96-78 of this Article.

(4)

Garages, storage buildings and tool sheds.

(5)

Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that said trailer(s) and sign are not on the site where construction is taking place and are set back at least 15 feet from all street and lot lines.

(6)

Recreational areas and parks, provided that the facility is owned and operated by an industry situated within the R District for the use of its employees or guests.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Other uses permitted upon application to the municipal agency for a conditional use permit shall be as follows:

(1)

Public utility installations.

(2)

Hospitals, medical institutions and philanthropic or eleemosynary uses, provided that plans for such facilities have met all requirements of state and borough health regulations, but not including correctional uses or hospitals exclusively for the isolation of contagious diseases or for the insane.

(3)

Public and parochial schools and colleges and private schools and colleges for academic instruction.

(4)

Restaurants or cafeterias located within a principal building.

Schedule of Area and Yard Requirements for Planned Office Park Zone.

(1)

Requirements for principal buildings.

Dimension	Requirement*
Minimum lot area (acres)	3
Minimum lot frontage (feet)	300
Minimum lot width (feet)	300
Minimum lot depth (feet)	300
Minimum side yard, each (feet)	75
Minimum front yard (feet)	125
Minimum rear yard (feet)	75

*	NOTE: In instances where the land on which a building is located abuts a residential use, an additional 25 feet on each side and in the front and rear yard, respectively, shall be required.

(2)

Requirements for accessory buildings.

Dimension	Requirement
Minimum distance to side line (feet)	50
Minimum distance to rear line (feet)	50
Minimum distance to other building (feet)	50
Maximum building coverage of principal building(s) (percent)	30
Maximum building coverage of accessory building(s) (percent)	5
Maximum building height (feet)*	75

*	NOTE: For every additional story over three stories, an additional 50 feet of setback from residential abutment shall be required.

General requirements for Planned Office Zone District.

(1)

A landscaping plan shall accompany all site plan applications and should identify existing and proposed trees, shrubs, bushes, plant material, ground cover and natural features such as boulders, berms, rock outcroppings, etc. The plan shall show where they are or will be located and planting details.

(2)

All parking areas, walkways, passageways and driveways, loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes.

(3)

All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

(4)

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.

(5)

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and shall be maintained in good condition.

(6)

Any building or uses permitted shall be served by a public sanitary sewerage facility and a public water supply system. A statement from the appropriate agency allocating capacity in the systems shall be required.

(7)

No loading docks or service areas may be on any street frontage. Provision for handling all freight shall be on those sides of any buildings which do not face on any street or proposed street. All such areas shall be screened from view.

(8)

Air-conditioning and other mechanical equipment on roofs and on building grounds shall be screened from public view with suitable materials to harmonize with the total development.

(9)

(10)

There shall be at least one trash and garbage pickup location provided by each building, which shall be separated from the parking spaces by either a location within the building or a pickup location outside the building, which shall be a stall-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions.

Off-street parking.

(1)

General regulations.

(a)

Off-street parking areas shall be provided as further specified in this chapter. In determining whether sufficient spaces have been provided, consideration shall be given to the necessity of providing additional areas for passageways, driveways and turning which shall be furnished and trees which may be necessary. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking spaces, with additional passageways, driveways and turning areas (except when provided in connection with a one-family residence), shall be surfaced with a dustless, durable, all-weather-pavement parking surface as approved by the Planning Board and as recommended by the Borough Engineer, shall be clearly marked for car space and shall be adequately drained.

(b)

None of the off-street parking facilities as required in this chapter shall be required for any existing building or use not now conforming to these requirements, unless said building or use shall be enlarged, in which case the provisions of this chapter shall apply.

(c)

All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise. After 10:00 p.m. throughout the entire lot 40% of the lights in the parking area shall remain lighted until sunrise. Adequate shielding shall be provided by commercial uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

(d)

Except as otherwise noted, off-street parking areas shall not be from 20 feet from the established curbline.

(e)

Access to nonresidential uses and related off-street parking shall be from a nonresidential street. Nature of street is determined by the dominant [greater than 50%] zoned usage on both sides of the street within the block of the nonresidential uses.

(f)

Off-street parking areas which provide parking for 20 or more vehicles shall be provided with shade trees of a type and size approved by the Planning Board. The shade trees shall be located in a planned manner within the parking lot area in quantity equal to not less than one shade tree for every 10 parking spaces.

(g)

Whenever after the date of this chapter there is a change in the number of employees or business visitors or in the lawful use of the premises or in any other unit of measurement specified in Subsection G(3) and whenever such change creates a need for an increase or decrease of more than 20% of the number of off-street automobile parking spaces as determined by the requirements of that subsection, more or less off-street parking facilities shall be provided within a reasonable time, not to exceed 120 days, on the basis of the adjusted needs.

(h)

In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses computed separately in accordance with the parking schedule in Subsection G(3). Parking facilities for one use shall not be considered as providing the required parking facilities for any other use.

(i)

Adequate provision shall be made for the disposal of stormwater, ensuring that such water shall not flow onto or impede the flow of water on adjoining properties or adjacent sidewalks in a quantity or manner that would be detrimental thereto or inconvenient to persons using the sidewalk.

(j)

A structurally sound wall or other abutment to ensure safety shall be installed around each side of the parking lot wherever said lot adjoins a public street, sidewalk or alley. An adequate retaining wall wherever necessary to prevent the washing of soil to adjoining property shall be provided.

(k)

The provisions of Title 39 of the Revised Statutes of New Jersey shall, pursuant to N.J.S.A. 39:5A-1 et seq., be made applicable to all street-level parking areas if provision is made for over 100 vehicles.

(l)

Stall and driveway alignment.

[1]

The following list of stall and driveway specifications shall be adhered to:

Angle of Parking (degrees)	Stall Width (feet)	Stall Depth (feet)	Driveway
Angle of Parking (degrees)	Stall Width (feet)	Stall Depth (feet)	One-Way (feet)	Two-Way (feet)
90	10	20	25	25
60	10	20	18	21
45	10	20	15	18
30	10	18	12	18
Parallel	8	22	12	18

[2]

In parking areas containing 20 or more spaces, only 90° parking shall be permitted unless, because of the exceptional narrowness, shape or topographic conditions of the lot, it is the determination of the Planning Board that another stall and driveway alignment should be utilized.

(m)

Entrance driveways to parking areas. Off-street parking areas shall be designed to prevent the maneuvering of vehicles within any portion of an entrance driveway or driveway lane that is within the following distance of the right-of-way line of the street which provides ingress and egress:

Length of Entrance Driveway To Be Kept Free of Parking Maneuvers
Number of Parking Spaces	Distance (feet)
1 to 39	20
40 to 99	40
100 to 299	60
300 to 3,300 or more	20 additional feet for each 500 additional parking spaces

(n)

A developer may substitute open space, landscaping or wooded areas for a maximum of 20% of the required minimum off-street parking spaces as specified under the terms of the zoning Articles upon the favorable recommendation of the Building Design and Site Plan Review Board and a majority vote of the Planning Board, subject to the following regulations:

[1]

A site plan must be submitted which complies with all applicable requirements of the zoning Articles, including the provisions of Subsection G, Off-street parking, and Article VI, Subdivision and Site Plan Review and Approval, and Article VII, Site Plan and Subdivision Design Standards.

[2]

The open space area to be substituted for the parking spaces shall be delineated on the site plan and shall provide alternate plans for the utilization of the area as both open space and off-street parking.

[3]

The applicant shall submit a deed restriction or covenant granting the Planning Board the right to require the present or future property owners to install all or part of the required off-street parking utilized as open space under the terms of this section at any time during the five-year period following the granting of Planning Board approval if in the opinion of the Planning Board such installation would be in the interests of health, safety and general welfare. Such agreement or covenant shall be subject to the approval of the Planning Board Solicitor.

(2)

Major parking areas.

(a)

Purpose. It is the purpose of this subsection to provide standards for the design and construction of major off-street parking areas. No structure, building or parking area shall be constructed or enlarged which under the terms of Subsection G(3) of this section requires 250 or more parking spaces unless it complies with the standards of this subsection.

(b)

Definitions. For the purpose of this subsection, the following definitions shall apply:

ENTRANCE DRIVEWAY

A vehicular right-of-way which connects a parking area with a county, state or municipal roadway.

INTERNAL COLLECTOR DRIVE

A twenty-five-foot vehicular right-of-way within a major parking area connecting its vehicular access aisles with its entrance driveway or driveways.

MAJOR PARKING AREAS

Any off-street parking facility which provides spaces for 250 or more vehicles.

VEHICULAR ACCESS AISLES

A twenty-five-foot accessway which provides ingress to and egress from parking bays.

(c)

Each major parking area shall be provided with a minimum of one internal collector drive, to be located in a manner which maximizes the ease and safety of traffic circulation within the parking area.

(d)

No parking stall is permitted to have direct ingress to or egress from an internal collector drive.

(e)

Intersections between vehicular access aisles and internal collector drives shall be as nearly at right angles as is possible and in no case shall be less than 60°.

(f)

At the intersection of an internal collector drive and a vehicular access aisle, no vehicle may be parked and no hedge, fence, wall or shrub higher than three feet above grade level, nor any obstruction to vision other than a post or tree not exceeding one square foot in cross-section area, shall be permitted within the triangular area formed by the intersecting right-of-way lines and a straight line joining a point 10 feet distant from the right-of-way line of the internal collector drive and a point 20 feet distant from the right-of-way line of the vehicular access aisle.

(g)

Ninety-degree-angle parking shall be the only type of parking permitted in major parking areas.

(3)

Parking schedule. All uses permitted by this section shall provide, as a minimum, the number of off-street parking spaces specified in the following schedule:

(a)

For private clubs or lodges: one space for every three members, plus one additional space for each two employees of the club or lodge.

(b)

For fraternities, sororities and dormitories: one parking space for each five active members (attending school), plus one additional space for the housemother or manager, plus one additional space for each two employees thereof.

(c)

For medical or dental clinics: one parking space per doctor engaged at the clinic, plus one additional space for every two employees, plus two additional spaces for each medical examination room or dental chair or combination thereof.

(d)

For community centers, libraries, museums, post offices, civic clubs and similar uses: parking spaces equal in number to at least 80% of the number of employees thereof, plus one parking space for every four persons who may legally be admitted therein at one time under the state fire prevention laws.

(e)

For offices, professional or public buildings: one parking space for each 200 square feet of floor area.

(f)

For restaurants, nightclubs, tearooms, lunch counters and the like: one off-street parking space for each three seats and one off-street parking space for each two employees on the shift of greater employment.

(g)

For general business, commercial and personal service establishments not specifically covered herein: one space for each 200 square feet of gross floor area.

Off-street loading and unloading provisions.

(1)

For every building structure or part thereof having over 5,000 square feet of gross building area erected and occupied for commerce, hotel, hospital, laundry, dry-cleaning, places of public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross area in the building. Access to a truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of truck vehicles.

(2)

Loading space as required under this subsection shall be provided as area in addition to off-street parking space and shall not be considered as supplying off-street parking space.

(3)

Off-street loading and unloading areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Borough Engineer.

§ 96-77.1 Planned Business Park District.

[Added 5-7-1997 by Ord. No. 09-1997]

Purposes. The Planned Business Park District, situated within the area defined by Warwick Road, Brown Street, Interstate 295, and the New Jersey Turnpike, has been designated in recognition of its unique location and opportunities for economic development. The district is located in the center of the borough just south of the original neighborhood of Lawnside. The purpose of this zone is to provide areas for the use or erection of buildings and the use or occupancy of lots for limited multi-family housing, industrial, business, and municipal purposes. The intent of the zone is to provide for the revitalization of the downtown Warwick Road corridor and surrounding neighborhoods by providing a mixed use planned business community in the center of the borough. These uses are to be developed in a campus or business park form with appropriate buffers and access restrictions in order to protect adjacent residential development. No building shall be erected or altered to be used in whole or in part unless it complies with the schedule or area requirements of Subsection E and the following regulations:

Permitted uses shall be as follows:

(1)

General business offices.

(2)

Buildings and facilities used exclusively by the federal, state, county, or local municipal government.

(3)

The likelihood of ground water contamination or depletion, air pollution, and the problem of waste disposal shall be considered.

(4)

General purpose warehouse and storage uses, excluding truck terminals.

(5)

Radio and television broadcasting stations and accessory uses, including broadcast towers in accordance with the standards established.

(6)

Personal wireless services facilities.

(7)

Newspapers. Periodicals and books; publishing and/or printing.

(8)

Commercial buildings.

(9)

Engineering laboratory, scientific and research instruments and associated equipment.

(10)

Measuring and controlling instruments.

(11)

Mailing, reproduction, commercial art and photography and stenographic services.

(12)

Computer and data processing services.

(13)

Assembly and light manufacturing.

(14)

Medical and dental laboratories.

(15)

Nursing homes or convalescent centers.

(16)

Senior citizen multi-family housing.

(17)

Commercial recreation exercise and health club facilities, including buildings for indoor sports and athletic activities, as well as outdoor recreational court facilities, such as tennis, basketball, volleyball, handball, etc.

(18)

Technical schools, educational facilities, and day care centers.

Accessory uses:

(1)

Off-street parking.

(2)

Fences and walls (see Section 96-89).

(3)

Signs.

(4)

Garages, storage buildings and tool sheds.

(5)

(6)

Recreational areas and parks, provided that the facility is owned and operated by an industry situated within the R District for the use of its employees or guests.

(7)

Personal wireless services facilities.

(8)

[Added 9-5-2018 by Ord. No. 03-2018]

Other uses permitted upon application to the municipal agency for a conditional use permit shall be as follows:

(1)

Public utility installations.

(2)

Restaurants or cafeterias located within a principal building.

Schedule of Area and Yard Requirements for Planned Business Park District.

(1)

Requirements for principal buildings.

Dimension	Requirement*
Minimum lot area (acres)	3
Minimum lot frontage (feet)	300
Minimum lot width (feet)	300
Minimum lot depth (feet)	300
Minimum side yard, each (feet)	75
Minimum front yard (feet)	125
Minimum rear yard (feet)	75

*	NOTE: In instances where the land on which a building is located abuts a residential use, an additional 25 feet on each side and in the front and rear yard, respectively, shall be required.

(2)

Requirements for accessory building.

Dimension	Requirement
Minimum distance to side line (feet)	50
Minimum distance to rear line (feet)	50
Minimum distance to other building (feet)	50
Maximum building coverage of principal building(s) (percent)	30
Maximum building coverage of accessory building(s) (percent)	5
Maximum building height (feet)*

*	NOTE: For every additional story over three stories, an additional 50 feet of setback from residential abutment shall be required.

General requirements for Planned Business Park District.

(1)

A landscaping plan shall accompany all site plan applications and should identify existing and proposed trees, shrubs, bushes, plant material, ground cover, and natural features such as boulders, berms, rock outcroppings, etc. The plan shall show where they are or will be located and planting details.

(2)

All parking areas, walkways, passageways, and driveways, loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes.

(3)

In order to limit automobile through traffic in the adjacent residential neighborhood, no vehicular access shall be provided to Brown Street, Tillman Street, or Lundy Street. Pedestrian access, however, should be provided to these streets.

(4)

All buildings shall be compatibly designed, whether constructed all at once or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes. Buildings may contain a mixture of complimentary uses and may be flexibly designed for future business expansion.

(5)

No merchandise, products, waste, equipment, or similar materials or objects shall be displayed or stored outside.

(6)

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, or similar plantings and shall be maintained in good condition. To the greatest extent possible, areas that are currently woodlands should be left in their natural state.

(7)

(8)

No loading docks or service areas may be on any street frontage or be visible from Brown Street or Warwick Road. Provision for handling all freight shall be on those sides of any buildings which do not face on any street or proposed street. All such areas shall be screened from view.

(9)

Air-conditioning and other mechanical equipment on roofs and on building grounds shall be screened from public view with suitable materials to harmonize with the total development.

(10)

All permitted and conditional uses in this district shall be required to screen from view all trash and garbage depots. Such depots shall be constructed on concrete pads suitable to withstand the weight of garbage disposal trucks. Masonry trash enclosures shall be required and finished to match the color and texture of their related building.

(11)

(12)

Buildings shall be planned alongside or have access to a central boulevard which shall be connected to Douglas Avenue. The interior road and pedestrian circulation shall be laid out in order to provide for interconnection of uses, traffic calming, and resemblance of a downtown street network.

Off-street parking. Off-street parking shall be provided in accordance with Section 96-77G of this chapter.

Off-street loading and unloading provisions. Off-street loading and unloading shall be provided in accordance with Section 96-77H of this chapter.

§ 96-78 Signs.

[Amended 5-7-1997 by Ord. No. 09-1997; repealed 1-12-2011 by Ord. No. 08-FY2011]

See Article XIV of this chapter for sign regulations.

§ 96-79 Buffer to strips in Planned Office Park Districts and Planned Business Park Districts.

[Amended 5-7-1997 by Ord. No. 09-FY1997]

Applicability. All lots or parts of lots in a Planned Office Park District and Planned Business Park District which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or such other screening along said side or rear line as may be approved by the Planning Board.

[Amended 5-7-1997 by Ord. No. 09-FY1997]

General regulations.

(1)

Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen or a combination of evergreen and deciduous trees of at least five feet in height, so as to continually restrict a clear view beyond said buffer strip.

(2)

The required height of the buffer strip shall be measured in relation to the elevation of the edge of the adjacent area to be screened. In cases where the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of the adjacent area, the required height of the screen shall be increased in an amount equal to said difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area, the required height of the screen may be reduced in an amount equal to said difference in elevation, provided that in no case shall the required height be reduced more than two feet.

(3)

The entire buffer strip shall be at least 20 feet in width and shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner. The entire area shall be attractively maintained and kept clean of all debris and rubbish. When a buffer strip is required for a restaurant use, said buffer strip shall be 25 feet in width. In instances where the location abuts a residential use, said buffer strip shall be 30 feet in width.

(4)

In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one year.

(5)

The certificate of occupancy for the use of the premises shall not be issued until such time as the landscaping requirements, buffer strips and/or other approved dividers as required by this chapter and as approved by the Planning Board pursuant to Articles VI and VII of this chapter are either actually installed in full compliance herewith or, in the event that the season is not appropriate, a performance guaranty of 125% of the cost, as estimated by the Borough Engineer, has been deposited with the Borough Building Inspector. Such guaranty shall be in the form of cash deposit upon the condition that if performance is not completed within the time specified by the Building Inspector on the receipt delivered to the depositor, the borough may complete the requirements, charging the cost against the deposit. Otherwise, the deposit, shall be returned in full after the satisfactory completion of the work.

§ 96-80 B-B Business District.

[Amended 9-5-2018 by Ord. No. 03-2018; 2-28-2022 by Ord. No. 04-2022]

Use regulations. In a B-B Business District, no land, building or structure may be used and no building or structure shall be altered or erected which is arranged, intended or designed to be used except for one or more of the following uses:

(1)

Any use permitted in an R-A or R-B Residence District or in a B-A Business District, as prescribed by this chapter.

(2)

Public garage, automotive repair shop or fender repair shop, filling and service station for motor vehicles, commercial greenhouse, woodwork shop equipped with power-driven machinery, lumberyard, storage warehouse, bottling shop, building material establishment, shoe shop, clothing, cleaners and laundry establishments and beauty parlor.

(3)

Solar energy systems for accessory use shall be permitted. They shall produce electric energy to serve the principal permitted use on the lot, provided the applicable requirements in § 120A-3C have been met.

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot size. The minimum lot size shall be 3,500 square feet.

(2)

Front setback line. The front setback line shall be the average setback of existing buildings within 200 feet on same side of street, but in no instance less than 20 feet.

(3)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 50% of the lot area.

(4)

Side yard. For a building or structure designed wholly for the conduct of business, no side yard shall be required.

(5)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 20 feet.

(6)

Height regulations. The maximum height of buildings shall not exceed three stories or 40 feet.

Landscaping.

(1)

Traffic visibility across corner lot. At or near an intersection, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of the motorists across the corner; provided, however, that this shall not prohibit the erection or growing of a fence, hedge, wall or shrubbery not exceeding two feet in height and; provided, further, that this prohibition shall be applicable for a distance of 100 feet from the point where the center lines of the intersecting streets meet.

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Additional prohibited uses.

(1)

Day laborer employment placement office;

(2)

Outside storage of vehicles as commercial storage, or as vehicles for rent;

(3)

Public parking lots;

(4)

Self-storage warehouses;

(5)

Any temporary or permanent storage of contractor equipment, construction materials, demolition debris, lot clearage debris, or excavated soil and rock on any property not undergoing construction work, whether the property is established as a contractor yard or not.

§ 96-81 I-A Limited Industrial District.

Use regulations. The following regulations shall apply to all I-A Limited Industrial Districts:

(1)

Types of principal uses and buildings permitted shall be as follows:

(a)

Industrial plants of a type which have no nuisance problems as specified in § 96-82A(2) and which carry on processes within completely enclosed buildings, including:

[1]

The manufacture, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, fiber, felt, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal, shells, textiles, wax, wire, wood (except planing mills) and yarns.

[2]

Manufacture of toys, novelties, rubber or metal stamps and other molded rubber or plastic products.

[3]

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs.

(b)

Laboratories: experimental, research or testing, provided that no operation shall be conducted or equipment used which would create hazardous, noxious or offensive conditions beyond the boundaries of the property involved.

(c)

Storage uses within an area fenced and enclosed on all sides with a dense evergreen hedge or solid masonry wall not less than six feet nor more than 10 feet in height.

(d)

Automobile parking space.

(e)

Other uses that are determined by the Board of Adjustment to be of the same general character as the above types of permitted principal uses and which are not objectionable due to odor, dust, noise, vibration, smoke or other similar causes as specified in § 96-82A(2), but excluding uses specifically prohibited in this section.

(f)

Solar energy systems for principal use shall be permitted. They shall be permitted on lots with a minimum size of three acres owned by same person or entity provided the requirements in § 120A-3C have been met.

[Added 9-5-2018 by Ord. No. 03-2018]

(2)

Prohibited uses and buildings shall be as follows:

(a)

Business uses listed as permitted in the B-A Business and B-B Business Districts.

(b)

Residential uses.

(c)

Rubbish, garbage and trash dumps or commercial incineration.

Area regulations.

(1)

There shall be a minimum lot area of two acres.

(2)

Yard spaces. The distance from all sides of a building or outside storage areas to all lot lines shall be a minimum of 30 feet.

(3)

Front yards shall be landscaped and provided with a grass surface and shall not be used for off-street parking or for storage purposes.

Height regulations. No building or structure in an I-A Industrial District shall exceed a height of 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Landscaping requirements. Where commercial or industrial establishments or other high traffic-generating uses abut a residential district, a landscape fence or ever-green planting providing visual obstruction shall be provided. Such fence or planting material shall be at least six feet high at the time of construction or planting, and it shall be the responsibility of the property owner to carry out this program and to provide for its maintenance.

Permitted accessory uses and buildings.

(1)

Storage buildings for materials, liquids, chemicals and similar items not permitted within the main building shall be permitted as an accessory use under American Insurance Association standards.

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-82 I-B General Industrial District.

Use regulations. The following regulations shall apply to all I-B Industrial Districts:

(1)

The following types of principal uses and buildings shall be permitted, provided that they conform to standards enumerated in Subsection A(2) of this section:

(a)

Any use permitted in the I-A Industrial District under § 96-81A(1).

(b)

The processing of raw materials (except foods or chemicals) in addition to the manufacturing of articles from such materials as have been previously prepared.

(c)

[Added 9-5-2018 by Ord. No. 03-2018]

(2)

Performance standards. In any industrial district, buildings may be erected, altered or used for any permitted use, provided that before the issuance of any building permit the following regulations have been complied with and satisfactory expert evidence has been submitted to the Borough Planning Board, Borough Engineer and Building Inspector specifying that such industrial use will not in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibrations; smoke, dust, odor or other forms of air pollution; heat, cold, dampness, movement of air, electrical or other disturbance; glare, liquid or solid waste in any manner or amount unless it conforms to the following performance standards. No industrial use established prior to the adoption of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards hereby established:

(a)

Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the Building Code of the Borough of Lawnside,[1] and the operations shall be carried on in such a manner and with such precaution against fire and explosive hazards as to produce no explosion hazard as determined by the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry. Further, all activities shall conform to all requirements set forth in the Fire Code of the Borough of Lawnside.[2] All raw materials, fuels and finished products shall be stored within an entirely closed building or in such a manner as not to create undue hazard by reason of fire or explosion. Liquids may be stored in underground tanks. The storage of crude oil or any other volatile or flammable liquids may be stored in aboveground tanks, subject to the specifications of the Fire Code of the Borough of Lawnside. Every factory or manufacturing building or other building permitted shall be equipped with automatic sprinklers or other automatic fire extinguishers if required by the Building Inspector and the Chief of the Fire Department.

[1]

Editor's Note: See Ch. 53, Construction Codes, Uniform.

[2]

Editor's Note: See Ch. 70, Fire Prevention.

(b)

Smoke, fly ash, dust fumes, vapors and gases. There shall be no emission which can cause harm to health, animals or other forms of property or which can cause any excessive soiling at any point. The discharge of these substances from any stack or chimney into outboundaries of the lot occupied by such use shall meet the health requirements of the New Jersey Air Pollution Control Code.

(c)

Liquid or solid wastes. No industrial operation shall discharge untreated industrial wastes of any kind into any stream, water body or the ground. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough Engineer and the New Jersey Department of Health. Effluent from a treatment plant shall at all times comply with New Jersey Department of Health standards. No effluent shall contain any acids, oils, dusts, toxic metals corrosive or other types of toxic substance in solution or suspension which would create odors or discolor, poison or otherwise pollute any stream or water body. In addition, no industrial use shall discharge into any public sanitary sewer quantities of water beyond the capacity of said sewer system.

(d)

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(e)

Noise. There shall be no operational industrial noise measured from any point on the property line of the lot on which the industrial operation is conducted exceeding the values suggested in the following publications: American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z25.3-1944, American Standards Association, Inc., New York, N.Y.; and Industry as a Good Neighbor, Mercer County Industrial Commission, Mercer County Court House, Trenton, New Jersey.

(f)

Radioactivity. Any industrial activity which emits dangerous radioactivity above the minimum specifications of the Radiation Protection Act, P.L. 1958, c. 116,[3] approved July 8, 1958, is prohibited.

[3]

Editor's Note: See N.J.S.A. 26:2D-1 et seq.

(g)

Glare. There shall be no direct or sky-reflected glare measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives.

(h)

Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be offensive at the property line of the lot occupied by such use.

(3)

Administration of performance standards.

(a)

The application for a building permit in either the I-A or I-B Industrial District shall be accompanied by a description of the proposed machinery, operation and products as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform to such standards or revised standards at all times. If there is any reasonable doubt as to the likelihood of the intended use's conforming to the performance standards, the Planning Board shall select one or more expert consultants to advise it on the applicant's conformance to the required performance standards. Such consultant or consultants shall submit his or their report within 30 days after his or their receipt of the application. A copy of said report shall be promptly furnished to the applicant. At the next regular meeting of the Board or within 30 days of receipt of the consultant's report, whichever comes sooner, the Board shall render a written decision regarding such application.

(b)

Any building permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards and the applicant's payment of fees in excess of $500 if needed to cover consultant's reports. All money not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders its decision.

(c)

The Building Inspector shall investigate any alleged violation of the performance standards and, if there are reasonable grounds to believe that a violation exists, shall notify the Planning Board. The Planning Board shall investigate the alleged violation and, for such investigation, may employ qualified experts. If the experts find that such violation exists, the costs of the experts' service shall be paid by the violator. If there is no violation, the borough shall pay said costs. If a violation exists, the violator shall pay a minimum fine of $100 for each day that the violation exists.

Area regulations.

(1)

Yard spaces. The distance from all sides of a building or outside storage areas to all lot lines shall be a minimum of 30 feet.

(2)

Front yards shall be landscaped and provided with a grass surface and shall not be used for off-street parking or for storage purposes.

Height regulations. No building in an I-B Industrial District shall exceed a height of 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Permitted accessory uses and buildings.

(1)

Storage buildings for materials, liquids, chemicals and similar items not permitted within the main building shall be permitted as an accessory use under American Insurance Association standards.

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-83 CR Conservation and Recreation District.

Use regulations. In the CR Conservation and Recreation Districts, no building or premises shall be used and no building shall be altered or erected or land arranged, intended or designed to be used except for one or more of the following uses and only upon approval as a conditional use by the Planning Board:

(1)

Permitted conditional uses.

(a)

Permitted conditional uses shall be as follows:

[1]

Parks, playgrounds, tennis courts, bicycle and foot paths, nature study areas, outdoor museums and arboretums.

[2]

Buildings erected to provide quarters for recreational activities, storage or shelter.

(b)

Notwithstanding any other provisions of this chapter, a conditional use shall be permitted only upon a showing that such use in a specified location will comply with the conditions and standards set forth below and where the Planning Board issues an authorization for such conditional use. The uses of lands within the district shall foster and encourage the conservation of natural features, open space, floodways and natural surface drainage patterns and promote the public health and safety of borough residents.

Area regulations. In reviewing applications for conditional uses and accessory uses, the Planning Board shall consider and be guided by the general purposes set forth in Subsection A and, in addition, shall apply the following standards:

(1)

The design, use or occupancy of any buildings, premises, facilities or land:

(a)

Shall not produce a significant potential of increasing the risk of flood damage, surface drainage or increasing hazards to human life and safety or property as a result of flooding.[1]

[1]

Editor's Note: See also Ch. 73, Flood Hazard Areas.

(b)

Shall not adversely affect the tranquility of residential neighborhoods.

(c)

Shall not produce any significant adverse impact on the environment or natural features.

(d)

Shall not cause the removal of soil, trees, ground cover, plants or shrubs.

(e)

Shall not disturb, alter or modify to a substantial degree any natural surface drainage pattern, facility or course.

(2)

Buildings, structures and facilities shall be designed and erected to harmonize with the natural setting.

Height regulations. The maximum height of buildings shall be 15 feet in height above the mean curb or grade level, measured at the building line.

Accessory uses.

(1)

In any Conservation and Recreation District, accessory uses shall be customarily incident to the principal conditional uses above listed and not involving any residential use or the conduct of a business. Accessory buildings shall be subject to the principal conditional use standards. Accessory uses shall include but not be limited to storage sheds, garages, parking areas, greenhouses and arboretums.

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-83.1 Townhouses and multi-dwelling zoned areas.

[Added 4-5-1989 by Ord. No. 4-1989]

Use regulations.

(1)

In a townhouse or multi-dwelling zoned area, land may be used only for the following uses.

(2)

Any use permitted in an R-A and R-B Residence District.

The average residential low-rise density in a townhouse or multi-dwelling zoned area shall not exceed six units per acre. Acreage shall be computed for the purpose of determining average residential density by computing the total horizontal area of a townhouse or multidwelling zoned area, including areas devoted to streets, parks, ponds, buildings and all other areas.

The minimum frontage for a townhouse unit shall not be less than 35 feet.

(1)

The minimum lot size for lots improved or to be improved by townhouses shall be 8,400 square feet (three units).

The minimum gross floor area of a townhouse shall be 1,200 square feet for a two bedroom or multi-dwelling unit; 1,350 square feet for a three bedroom unit; and 1,500 square feet for a four bedroom unit. For the purpose of measurement of gross floor area, the said gross floor area shall be measured from the center of a wall common to two townhouses or multi-dwelling units and from the exterior of the other walls.

No more than six townhouse units shall be contained in one structure. In any section of the townhouse construction, no more than 20% of the units shall be contained in structures comprising six units; no more than 50% of the townhouse units shall be contained in structures comprising three, four and five units.

Set back.

(1)

No building shall be set back less than 30 feet from the right-of-way line of any public road other than a county or state road.

(2)

No building shall be set back less than 50 feet from the right-of-way line of any county or state roadway.

Not less than 500 square feet or land per dwelling unit and not less than 10% of the total horizontal area of a townhouse zone, whichever is greater, shall be set aside for open space use as herein defined in a townhouse zoned area as used in this section. The term "open space uses" is defined as those uses which do not involve any extensive coverage of land with buildings, as for example; all lands devoted to parks, playing fields, tennis courts, swimming pools and any other outdoor recreational uses, whether any such uses are publicly owned or privately owned or operated for profit, as well as all lands covered by ponds, lakes, or streams, and all lands devoted to public or community uses such as schools, including their accessory parking facilities and vehicular right-of-way except as above described. The term "open space uses" shall not include parking lots or vehicular right-of-way. No land shall be deemed to have been set aside for open space uses under this section unless the required open space use areas are either publicly owned and dedicated to public use or are located on an improved lot or subject to appropriate restrictions or covenants assuring that a private person, firm, association, corporation or agency will be responsible for the maintenance of such areas as long as the dwelling units creating the need for open space uses are in existence.

(1)

Two parking spaces for each dwelling unit.

Fence use and limitation.

(1)

Zoning permits and certificate of compliance shall be required.

(2)

A building permit shall be required to construct, enlarge or alter any fence.

§ 96-83.2 Discontinuance of abandonment.

[Added 2-28-2022 by Ord. No. 04-2022]

No nonconforming use or structure which shall have been discontinued or abandoned for a period exceeding 12 months shall be resumed; provided, however, that no such use or structure shall be resumed if the premises upon which such use or structure existed is devoted to a conforming use after the discontinuance or abandonment of the nonconforming use.

§ 96-83.3 Modernization of nonconforming structures.

[Added 2-28-2022 by Ord. No. 04-2022]

Nothing contained in this article shall prohibit the modernization of existing nonconforming structures; provided, however, that such modernization does not entail any extension, enlargement, addition or change of the nonconforming use.

Lawnside City Zoning Code

ARTICLE IX

Zoning District Regulations

§ 96-69 Districts established.

For the purpose of this chapter, the Borough of Lawnside is hereby divided into seven zoning districts as follows:

R-A	Residence District
R-AA	Residence District
R-B [Repealed 7-28-1998 by Ord. No. 02-FY1999]
R-C	Residence District
B-A	Business District
B-B	Business District
I-A	Limited Industrial District
I-B	General Industrial District
CR	Conservation and Recreation District

§ 96-70 Zoning Map. [1]

[1]

Editor's Note: A copy of the Zoning Map is on file in the office of the Borough Clerk.

§ 96-71 District boundaries.

[Amended 2-28-2022 by Ord. No. 04-2022]

§ 96-71.1 Prohibited uses in all districts.

[Added 2-28-2022 by Ord. No. 04-2022]

Ammonia, chlorine or bleaching powder manufacture.

Adult entertainment uses.

Automobile wrecking.

Artist body painting and photographic studio.

Auction markets.

Billboards.

Boardinghouses and rooming housing.

Body piercing establishments.

Boiler works.

Carrousels, Ferris wheels, merry-go-rounds, roller coasters, miniature and practice golf courses, shooting galleries.

Check-cashing facilities.

Community drop-in centers or rehabilitation centers for those afflicted with drug abuse, alcoholism, disease, or mental illness.

Cotton oil manufacture.

Disinfectant, insecticide or poison manufacture.

Dog pounds or animal shelters.

Dormitories, fraternity or sorority houses.

Dumping of outdoor storage of waste or scrap material uses — inclusive of hazardous materials; ammunition, explosives and fireworks.

Drug treatment centers.

Establishments for the distribution of free food, toiletries, clothes, household goods, etc., including soup kitchens.

Firearms dealers.

Glue manufacture.

Heliports.

Junk yards, dumps, or the storage, sorting or bailing of junk, scrap iron, paper, bottles, metal or rags.

Massage parlors.

Meth manufacture.

AA.

Methadone clinics.

BB.

Motels, tourist camps or cabins, and trailer camps.

CC.

Lodging houses, boardinghouses, and rooming houses.

DD.

Trailer camp, park, and mobile home parks.

EE.

FF.

The use of a building or structure of a temporary nature on any lot or parcel of land for living or sleeping purposes in any district on either a temporary or permanent basis.

GG.

Oilcloth and linoleum manufacture.

HH.

Paint, oil, varnish, turpentine, shellac, enamel, japan, lacquer or solvents manufacture.

II.

Parking, storing or garaging garbage, refuse or scavenger trucks.

JJ.

KK.

Prisons and correctional facilities, inclusive of halfway houses.

LL.

Tattoo parlors.

MM.

Pawn shops.

NN.

Quarry, sandpits, gravel pits, topsoil stripping.

OO.

Raw hides or skins storage, cleaning, curing, pickling, or tanning or retanning.

PP.

Roadside stands.

QQ.

Rock or stone crusher.

RR.

Rubber, latex or gutta-percha manufacture or treatment.

SS.

Shoddy manufacture or wool scouring.

TT.

Slaughtering or wholesaling of animals or fowl.

UU.

Smelting and foundries.

VV.

Soap, starch, glucose, or dextrin manufacture.

WW.

Stockyards.

XX.

Sugar refining.

YY.

Sulphureous, sulfuric, acetic, nitric, picric, carbolic, or hydrochloric acid manufacture.

ZZ.

Tar distillation or manufacture.

AAA.

Used automobile sales, except when operated in conjunction with a duly authorized new car agency and located on the same lot.

BBB.

Use Group H-High hazard use.

CCC.

Yeast planting.

§ 96-72 R-A Residence District.

[Amended 6-22-1998 by Ord. No. 09-FY1998; 7-28-1998 by Ord. No. 02-FY1999]

(1)

Permitted uses.

(a)

Single-family detached dwellings.

(b)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

[Added 9-5-2018 by Ord. No. 03-2018]

Conditional use.

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

[3]

[4]

(b)

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot area and width. The lot area shall not be less than 6,500 square feet, and the lot width shall not be less than 65 feet.

(2)

Building coverage. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(3)

(4)

(5)

Rear yard. There shall be rear yard, the depth of which shall not be less than 25 feet.

§ 96-73 R-AA Residence District.

(1)

Single-family dwelling.

(2)

(a)

(b)

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

Private garage.

Noncommercial greenhouse.

(5)

Buildings erected for the housing of dogs, in which only two dogs shall be permitted.

(6)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot area and width. A lot area of not less than 10,000 square feet shall be provided for every building hereafter erected. Each lot shall have a minimum width at the building line of 80 feet.

(2)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(3)

Floor area requirement. No dwelling unit shall have a livable floor area of less than 1,000 square feet.

(4)

(5)

(6)

Rear yard. The rear yard shall be not less than 30 feet in depth.

§ 96-74 (Reserved)

[Repealed 7-28-1998 by Ord. No. 02-FY1999]

§ 96-75 R-C Residence District.

Use regulations. In R-C Residence Districts, the following uses shall be permitted:

(1)

Single-family dwelling.

(2)

(a)

(b)

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

(c)

For a permitted professional office, not more than two employees, assistants or associates in addition to the resident practitioner shall be employed on the premises. Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator.

(d)

(3)

Private garage.

(4)

Noncommercial greenhouse.

(5)

Buildings erected for the housing of dogs, in which only two dogs shall be permitted.

(6)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Single-family dwellings.

(a)

Lot area and width. The lot area shall not be less than 6,500 square feet and the lot width shall not be less than 65 feet.

(b)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(c)

Floor area requirements. No dwelling unit shall have a livable floor area of less than 900 square feet.

(d)

(e)

(f)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 25 feet.

(2)

Garden apartments.

(a)

Lot area and width. The lot area shall not be less than five acres and the lot width shall not be less than 350 feet, and the minimum lot depth shall be 300 feet.

(b)

Occupied area. The maximum lot coverage, including all structures, shall not be greater than 20% of the gross lot area.

(c)

(d)

(e)

Side yards. The minimum width of a side yard shall be not less than 50 feet where a residential district adjoins a garden apartment and not less than 35 feet in all other cases.

(f)

Rear yard. The minimum depth of a rear yard shall be not less than 50 feet.

(g)

Density. The maximum density permitted shall be 12 dwelling units per acre.

(h)

(i)

Distance between structures. The minimum distance between apartment structures shall be 50 feet.

(j)

Height. The height of the habitable portion of the building shall not exceed 2 1/2 stories and the total height of the building shall not exceed three stories.

Garden apartment projects.

(1)

Garden apartment projects are specifically prohibited in all districts except in R-C Residence Districts.

(2)

A garden apartment project must have frontage in accordance with this chapter on a primary or secondary road.

(3)

A garden apartment project shall be located and arranged so as to have a courtyard between buildings on four sides.

(4)

Garden apartment projects must have public water and sewer services accessible and available.

(5)

Design standards, generally.

(a)

(b)

Off-street parking.

[1]

Off-street parking established in connection with a garden apartment project shall be of such design, location and arrangement as will not interfere with the access of emergency or service vehicles.

[2]

(c)

Sidewalks. Sidewalks shall be provided in all areas adjacent to streets and off-street parking areas and between apartment structures.

(d)

(e)

Interior streets (public). The minimum right-of-way width for such streets shall be 50 feet.

All apartment units shall be soundproofed.

(l)

There shall be a limit of 120 apartment units in any one garden apartment project constructed under the provisions of this section.

(m)

All apartments shall have garbage disposal units.

(n)

Performance bonds shall be required for landscaping and other improvements as determined by the Borough Engineer.

(o)

(p)

All site plans shall be reviewed and approved by the Planning Board.

§ 96-76 B-A Business District.

(1)

(2)

No wholesale merchandising or servicing shall be permitted unless it is incidental and subordinate to a primarily retail business.

(3)

No manufacturing, fabricating, converting, altering, finishing or assembling shall be permitted except as an incident to retail trade.

The cooking of foods is prohibited in sleeping rooms.

[4]

(c)

(5)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot size. The minimum lot size shall be 3,500 square feet.

(2)

Front setback line. The front setback line shall be the average setback of existing buildings within 200 feet on same side of street, but in no instance less than 20 feet.

(3)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 50% of the lot area.

(4)

Side yard. For a building or structure designed wholly for the conduct of business, no side yard shall be required.

(5)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 20 feet.

(6)

Height regulations. The maximum height of buildings shall not exceed three stories or 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

§ 96-77 Planned Office Park District.

Permitted uses shall be as follows:

(1)

Office buildings for executive, administrative, business, educational or professional services.

(2)

Buildings used exclusively by the federal, state, county or local municipal government.

(3)

(4)

(5)

Radio and television broadcasting stations and accessory uses other than towers and antennas.

(6)

Newspapers, periodicals and books; publishing and/or printing.

(7)

Commercial building.

(8)

Engineering, laboratory, scientific and research instruments and associated equipment.

(9)

Measuring and controlling instruments.

(10)

Banks located within a principal building.

(11)

Mailing, reproduction, commercial art and photography and stenographic services.

(12)

Computer and data processing services.

(13)

Regional administrative headquarters for insurance companies and pension, health and welfare funds.

(14)

Medical and dental laboratories.

(15)

Permitted accessory uses shall be as follows:

(1)

Off-street parking.

(2)

Fences and walls. (See § 96-89.)

(3)

Signs.[1]

[1]

Editor's Note: For additional sign regulations applicable within the Planned Office Park District, see § 96-78 of this Article.

(4)

Garages, storage buildings and tool sheds.

(5)

(6)

Recreational areas and parks, provided that the facility is owned and operated by an industry situated within the R District for the use of its employees or guests.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Other uses permitted upon application to the municipal agency for a conditional use permit shall be as follows:

(1)

Public utility installations.

(2)

(3)

Public and parochial schools and colleges and private schools and colleges for academic instruction.

(4)

Restaurants or cafeterias located within a principal building.

Schedule of Area and Yard Requirements for Planned Office Park Zone.

(1)

Requirements for principal buildings.

Dimension	Requirement*
Minimum lot area (acres)	3
Minimum lot frontage (feet)	300
Minimum lot width (feet)	300
Minimum lot depth (feet)	300
Minimum side yard, each (feet)	75
Minimum front yard (feet)	125
Minimum rear yard (feet)	75

*	NOTE: In instances where the land on which a building is located abuts a residential use, an additional 25 feet on each side and in the front and rear yard, respectively, shall be required.

(2)

Requirements for accessory buildings.

Dimension	Requirement
Minimum distance to side line (feet)	50
Minimum distance to rear line (feet)	50
Minimum distance to other building (feet)	50
Maximum building coverage of principal building(s) (percent)	30
Maximum building coverage of accessory building(s) (percent)	5
Maximum building height (feet)*	75

*	NOTE: For every additional story over three stories, an additional 50 feet of setback from residential abutment shall be required.

General requirements for Planned Office Zone District.

(1)

(2)

All parking areas, walkways, passageways and driveways, loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes.

(3)

(4)

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.

Air-conditioning and other mechanical equipment on roofs and on building grounds shall be screened from public view with suitable materials to harmonize with the total development.

Off-street parking.

General regulations.

Except as otherwise noted, off-street parking areas shall not be from 20 feet from the established curbline.

Stall and driveway alignment.

[1]

The following list of stall and driveway specifications shall be adhered to:

Angle of Parking (degrees)	Stall Width (feet)	Stall Depth (feet)	Driveway
Angle of Parking (degrees)	Stall Width (feet)	Stall Depth (feet)	One-Way (feet)	Two-Way (feet)
90	10	20	25	25
60	10	20	18	21
45	10	20	15	18
30	10	18	12	18
Parallel	8	22	12	18

[2]

(m)

Length of Entrance Driveway To Be Kept Free of Parking Maneuvers
Number of Parking Spaces	Distance (feet)
1 to 39	20
40 to 99	40
100 to 299	60
300 to 3,300 or more	20 additional feet for each 500 additional parking spaces

Major parking areas.

Definitions. For the purpose of this subsection, the following definitions shall apply:

ENTRANCE DRIVEWAY

A vehicular right-of-way which connects a parking area with a county, state or municipal roadway.

INTERNAL COLLECTOR DRIVE

A twenty-five-foot vehicular right-of-way within a major parking area connecting its vehicular access aisles with its entrance driveway or driveways.

MAJOR PARKING AREAS

Any off-street parking facility which provides spaces for 250 or more vehicles.

VEHICULAR ACCESS AISLES

A twenty-five-foot accessway which provides ingress to and egress from parking bays.

(c)

Each major parking area shall be provided with a minimum of one internal collector drive, to be located in a manner which maximizes the ease and safety of traffic circulation within the parking area.

(d)

No parking stall is permitted to have direct ingress to or egress from an internal collector drive.

(e)

Intersections between vehicular access aisles and internal collector drives shall be as nearly at right angles as is possible and in no case shall be less than 60°.

(f)

(g)

Ninety-degree-angle parking shall be the only type of parking permitted in major parking areas.

(3)

Parking schedule. All uses permitted by this section shall provide, as a minimum, the number of off-street parking spaces specified in the following schedule:

(a)

For private clubs or lodges: one space for every three members, plus one additional space for each two employees of the club or lodge.

For offices, professional or public buildings: one parking space for each 200 square feet of floor area.

(f)

(g)

For general business, commercial and personal service establishments not specifically covered herein: one space for each 200 square feet of gross floor area.

Off-street loading and unloading provisions.

(1)

(2)

Loading space as required under this subsection shall be provided as area in addition to off-street parking space and shall not be considered as supplying off-street parking space.

(3)

Off-street loading and unloading areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Borough Engineer.

§ 96-77.1 Planned Business Park District.

[Added 5-7-1997 by Ord. No. 09-1997]

Permitted uses shall be as follows:

(1)

General business offices.

(2)

Buildings and facilities used exclusively by the federal, state, county, or local municipal government.

(3)

The likelihood of ground water contamination or depletion, air pollution, and the problem of waste disposal shall be considered.

(4)

General purpose warehouse and storage uses, excluding truck terminals.

(5)

Radio and television broadcasting stations and accessory uses, including broadcast towers in accordance with the standards established.

(6)

Personal wireless services facilities.

(7)

Newspapers. Periodicals and books; publishing and/or printing.

(8)

Commercial buildings.

(9)

Engineering laboratory, scientific and research instruments and associated equipment.

(10)

Measuring and controlling instruments.

(11)

Mailing, reproduction, commercial art and photography and stenographic services.

(12)

Computer and data processing services.

(13)

Assembly and light manufacturing.

(14)

Medical and dental laboratories.

(15)

Nursing homes or convalescent centers.

(16)

Senior citizen multi-family housing.

(17)

(18)

Technical schools, educational facilities, and day care centers.

Accessory uses:

(1)

Off-street parking.

(2)

Fences and walls (see Section 96-89).

(3)

Signs.

(4)

Garages, storage buildings and tool sheds.

(5)

(6)

Recreational areas and parks, provided that the facility is owned and operated by an industry situated within the R District for the use of its employees or guests.

(7)

Personal wireless services facilities.

(8)

[Added 9-5-2018 by Ord. No. 03-2018]

Other uses permitted upon application to the municipal agency for a conditional use permit shall be as follows:

(1)

Public utility installations.

(2)

Restaurants or cafeterias located within a principal building.

Schedule of Area and Yard Requirements for Planned Business Park District.

(1)

Requirements for principal buildings.

Dimension	Requirement*
Minimum lot area (acres)	3
Minimum lot frontage (feet)	300
Minimum lot width (feet)	300
Minimum lot depth (feet)	300
Minimum side yard, each (feet)	75
Minimum front yard (feet)	125
Minimum rear yard (feet)	75

*	NOTE: In instances where the land on which a building is located abuts a residential use, an additional 25 feet on each side and in the front and rear yard, respectively, shall be required.

(2)

Requirements for accessory building.

Dimension	Requirement
Minimum distance to side line (feet)	50
Minimum distance to rear line (feet)	50
Minimum distance to other building (feet)	50
Maximum building coverage of principal building(s) (percent)	30
Maximum building coverage of accessory building(s) (percent)	5
Maximum building height (feet)*

*	NOTE: For every additional story over three stories, an additional 50 feet of setback from residential abutment shall be required.

General requirements for Planned Business Park District.

(1)

(2)

All parking areas, walkways, passageways, and driveways, loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes.

(3)

(4)

(5)

No merchandise, products, waste, equipment, or similar materials or objects shall be displayed or stored outside.

Air-conditioning and other mechanical equipment on roofs and on building grounds shall be screened from public view with suitable materials to harmonize with the total development.

(10)

(11)

(12)

Off-street parking. Off-street parking shall be provided in accordance with Section 96-77G of this chapter.

Off-street loading and unloading provisions. Off-street loading and unloading shall be provided in accordance with Section 96-77H of this chapter.

§ 96-78 Signs.

[Amended 5-7-1997 by Ord. No. 09-1997; repealed 1-12-2011 by Ord. No. 08-FY2011]

See Article XIV of this chapter for sign regulations.

§ 96-79 Buffer to strips in Planned Office Park Districts and Planned Business Park Districts.

[Amended 5-7-1997 by Ord. No. 09-FY1997]

General regulations.

In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one year.

(5)

§ 96-80 B-B Business District.

[Amended 9-5-2018 by Ord. No. 03-2018; 2-28-2022 by Ord. No. 04-2022]

(1)

Any use permitted in an R-A or R-B Residence District or in a B-A Business District, as prescribed by this chapter.

(2)

(3)

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot size. The minimum lot size shall be 3,500 square feet.

(2)

Front setback line. The front setback line shall be the average setback of existing buildings within 200 feet on same side of street, but in no instance less than 20 feet.

(3)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 50% of the lot area.

(4)

Side yard. For a building or structure designed wholly for the conduct of business, no side yard shall be required.

(5)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 20 feet.

(6)

Height regulations. The maximum height of buildings shall not exceed three stories or 40 feet.

Landscaping.

(1)

Traffic visibility across corner lot. At or near an intersection, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of the motorists across the corner; provided, however, that this shall not prohibit the erection or growing of a fence, hedge, wall or shrubbery not exceeding two feet in height and; provided, further, that this prohibition shall be applicable for a distance of 100 feet from the point where the center lines of the intersecting streets meet.

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Additional prohibited uses.

(1)

Day laborer employment placement office;

(2)

Outside storage of vehicles as commercial storage, or as vehicles for rent;

(3)

Public parking lots;

(4)

Self-storage warehouses;

(5)

§ 96-81 I-A Limited Industrial District.

Use regulations. The following regulations shall apply to all I-A Limited Industrial Districts:

(1)

Types of principal uses and buildings permitted shall be as follows:

(a)

Industrial plants of a type which have no nuisance problems as specified in § 96-82A(2) and which carry on processes within completely enclosed buildings, including:

[1]

[2]

Manufacture of toys, novelties, rubber or metal stamps and other molded rubber or plastic products.

[3]

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs.

(b)

(c)

Storage uses within an area fenced and enclosed on all sides with a dense evergreen hedge or solid masonry wall not less than six feet nor more than 10 feet in height.

(d)

Automobile parking space.

(e)

(f)

[Added 9-5-2018 by Ord. No. 03-2018]

(2)

Prohibited uses and buildings shall be as follows:

(a)

Business uses listed as permitted in the B-A Business and B-B Business Districts.

(b)

Residential uses.

(c)

Rubbish, garbage and trash dumps or commercial incineration.

Area regulations.

(1)

There shall be a minimum lot area of two acres.

(2)

Yard spaces. The distance from all sides of a building or outside storage areas to all lot lines shall be a minimum of 30 feet.

(3)

Front yards shall be landscaped and provided with a grass surface and shall not be used for off-street parking or for storage purposes.

Height regulations. No building or structure in an I-A Industrial District shall exceed a height of 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Permitted accessory uses and buildings.

(1)

Storage buildings for materials, liquids, chemicals and similar items not permitted within the main building shall be permitted as an accessory use under American Insurance Association standards.

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-82 I-B General Industrial District.

Use regulations. The following regulations shall apply to all I-B Industrial Districts:

(1)

The following types of principal uses and buildings shall be permitted, provided that they conform to standards enumerated in Subsection A(2) of this section:

(a)

Any use permitted in the I-A Industrial District under § 96-81A(1).

(b)

The processing of raw materials (except foods or chemicals) in addition to the manufacturing of articles from such materials as have been previously prepared.

(c)

[Added 9-5-2018 by Ord. No. 03-2018]

(2)

(a)

[1]

Editor's Note: See Ch. 53, Construction Codes, Uniform.

[2]

Editor's Note: See Ch. 70, Fire Prevention.

(b)

(c)

(d)

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(e)

(f)

[3]

Editor's Note: See N.J.S.A. 26:2D-1 et seq.

(g)

(h)

Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be offensive at the property line of the lot occupied by such use.

(3)

Administration of performance standards.

Area regulations.

Yard spaces. The distance from all sides of a building or outside storage areas to all lot lines shall be a minimum of 30 feet.

(2)

Front yards shall be landscaped and provided with a grass surface and shall not be used for off-street parking or for storage purposes.

Height regulations. No building in an I-B Industrial District shall exceed a height of 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Permitted accessory uses and buildings.

(1)

Storage buildings for materials, liquids, chemicals and similar items not permitted within the main building shall be permitted as an accessory use under American Insurance Association standards.

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-83 CR Conservation and Recreation District.

(1)

Permitted conditional uses.

(a)

Permitted conditional uses shall be as follows:

[1]

Parks, playgrounds, tennis courts, bicycle and foot paths, nature study areas, outdoor museums and arboretums.

[2]

Buildings erected to provide quarters for recreational activities, storage or shelter.

(b)

(1)

The design, use or occupancy of any buildings, premises, facilities or land:

(a)

Shall not produce a significant potential of increasing the risk of flood damage, surface drainage or increasing hazards to human life and safety or property as a result of flooding.[1]

[1]

Editor's Note: See also Ch. 73, Flood Hazard Areas.

(b)

Shall not adversely affect the tranquility of residential neighborhoods.

(c)

Shall not produce any significant adverse impact on the environment or natural features.

(d)

Shall not cause the removal of soil, trees, ground cover, plants or shrubs.

(e)

Shall not disturb, alter or modify to a substantial degree any natural surface drainage pattern, facility or course.

(2)

Buildings, structures and facilities shall be designed and erected to harmonize with the natural setting.

Height regulations. The maximum height of buildings shall be 15 feet in height above the mean curb or grade level, measured at the building line.

Accessory uses.

(1)

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-83.1 Townhouses and multi-dwelling zoned areas.

[Added 4-5-1989 by Ord. No. 4-1989]

Use regulations.

(1)

In a townhouse or multi-dwelling zoned area, land may be used only for the following uses.

(2)

Any use permitted in an R-A and R-B Residence District.

The minimum frontage for a townhouse unit shall not be less than 35 feet.

(1)

The minimum lot size for lots improved or to be improved by townhouses shall be 8,400 square feet (three units).

Set back.

(1)

No building shall be set back less than 30 feet from the right-of-way line of any public road other than a county or state road.

(2)

No building shall be set back less than 50 feet from the right-of-way line of any county or state roadway.

(1)

Two parking spaces for each dwelling unit.

Fence use and limitation.

(1)

Zoning permits and certificate of compliance shall be required.

(2)

A building permit shall be required to construct, enlarge or alter any fence.

§ 96-83.2 Discontinuance of abandonment.

[Added 2-28-2022 by Ord. No. 04-2022]

§ 96-83.3 Modernization of nonconforming structures.

[Added 2-28-2022 by Ord. No. 04-2022]

Lawnside City Zoning Code

ARTICLE IX

Zoning District Regulations

§ 96-69 Districts established.

For the purpose of this chapter, the Borough of Lawnside is hereby divided into seven zoning districts as follows:

R-A	Residence District
R-AA	Residence District
R-B [Repealed 7-28-1998 by Ord. No. 02-FY1999]
R-C	Residence District
B-A	Business District
B-B	Business District
I-A	Limited Industrial District
I-B	General Industrial District
CR	Conservation and Recreation District

§ 96-70 Zoning Map. [1]

[1]

Editor's Note: A copy of the Zoning Map is on file in the office of the Borough Clerk.

§ 96-71 District boundaries.

[Amended 2-28-2022 by Ord. No. 04-2022]

§ 96-71.1 Prohibited uses in all districts.

[Added 2-28-2022 by Ord. No. 04-2022]

Ammonia, chlorine or bleaching powder manufacture.

Adult entertainment uses.

Automobile wrecking.

Artist body painting and photographic studio.

Auction markets.

Billboards.

Boardinghouses and rooming housing.

Body piercing establishments.

Boiler works.

Carrousels, Ferris wheels, merry-go-rounds, roller coasters, miniature and practice golf courses, shooting galleries.

Check-cashing facilities.

Community drop-in centers or rehabilitation centers for those afflicted with drug abuse, alcoholism, disease, or mental illness.

Cotton oil manufacture.

Disinfectant, insecticide or poison manufacture.

Dog pounds or animal shelters.

Dormitories, fraternity or sorority houses.

Dumping of outdoor storage of waste or scrap material uses — inclusive of hazardous materials; ammunition, explosives and fireworks.

Drug treatment centers.

Establishments for the distribution of free food, toiletries, clothes, household goods, etc., including soup kitchens.

Firearms dealers.

Glue manufacture.

Heliports.

Junk yards, dumps, or the storage, sorting or bailing of junk, scrap iron, paper, bottles, metal or rags.

Massage parlors.

Meth manufacture.

AA.

Methadone clinics.

BB.

Motels, tourist camps or cabins, and trailer camps.

CC.

Lodging houses, boardinghouses, and rooming houses.

DD.

Trailer camp, park, and mobile home parks.

EE.

FF.

The use of a building or structure of a temporary nature on any lot or parcel of land for living or sleeping purposes in any district on either a temporary or permanent basis.

GG.

Oilcloth and linoleum manufacture.

HH.

Paint, oil, varnish, turpentine, shellac, enamel, japan, lacquer or solvents manufacture.

II.

Parking, storing or garaging garbage, refuse or scavenger trucks.

JJ.

KK.

Prisons and correctional facilities, inclusive of halfway houses.

LL.

Tattoo parlors.

MM.

Pawn shops.

NN.

Quarry, sandpits, gravel pits, topsoil stripping.

OO.

Raw hides or skins storage, cleaning, curing, pickling, or tanning or retanning.

PP.

Roadside stands.

QQ.

Rock or stone crusher.

RR.

Rubber, latex or gutta-percha manufacture or treatment.

SS.

Shoddy manufacture or wool scouring.

TT.

Slaughtering or wholesaling of animals or fowl.

UU.

Smelting and foundries.

VV.

Soap, starch, glucose, or dextrin manufacture.

WW.

Stockyards.

XX.

Sugar refining.

YY.

Sulphureous, sulfuric, acetic, nitric, picric, carbolic, or hydrochloric acid manufacture.

ZZ.

Tar distillation or manufacture.

AAA.

Used automobile sales, except when operated in conjunction with a duly authorized new car agency and located on the same lot.

BBB.

Use Group H-High hazard use.

CCC.

Yeast planting.

§ 96-72 R-A Residence District.

[Amended 6-22-1998 by Ord. No. 09-FY1998; 7-28-1998 by Ord. No. 02-FY1999]

(1)

Permitted uses.

(a)

Single-family detached dwellings.

(b)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

[Added 9-5-2018 by Ord. No. 03-2018]

Conditional use.

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

[3]

[4]

(b)

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot area and width. The lot area shall not be less than 6,500 square feet, and the lot width shall not be less than 65 feet.

(2)

Building coverage. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(3)

(4)

(5)

Rear yard. There shall be rear yard, the depth of which shall not be less than 25 feet.

§ 96-73 R-AA Residence District.

(1)

Single-family dwelling.

(2)

(a)

(b)

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

Private garage.

Noncommercial greenhouse.

(5)

Buildings erected for the housing of dogs, in which only two dogs shall be permitted.

(6)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot area and width. A lot area of not less than 10,000 square feet shall be provided for every building hereafter erected. Each lot shall have a minimum width at the building line of 80 feet.

(2)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(3)

Floor area requirement. No dwelling unit shall have a livable floor area of less than 1,000 square feet.

(4)

(5)

(6)

Rear yard. The rear yard shall be not less than 30 feet in depth.

§ 96-74 (Reserved)

[Repealed 7-28-1998 by Ord. No. 02-FY1999]

§ 96-75 R-C Residence District.

Use regulations. In R-C Residence Districts, the following uses shall be permitted:

(1)

Single-family dwelling.

(2)

(a)

(b)

There shall be no display or announcement card or sign of more than 18 inches by 10 inches and also provided that any illumination of such display shall be white light only.

(c)

For a permitted professional office, not more than two employees, assistants or associates in addition to the resident practitioner shall be employed on the premises. Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator.

(d)

(3)

Private garage.

(4)

Noncommercial greenhouse.

(5)

Buildings erected for the housing of dogs, in which only two dogs shall be permitted.

(6)

Church, public or private school, parochial school, rectory, manse, park, public library or museum.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Single-family dwellings.

(a)

Lot area and width. The lot area shall not be less than 6,500 square feet and the lot width shall not be less than 65 feet.

(b)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 30% of the lot area.

(c)

Floor area requirements. No dwelling unit shall have a livable floor area of less than 900 square feet.

(d)

(e)

(f)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 25 feet.

(2)

Garden apartments.

(a)

Lot area and width. The lot area shall not be less than five acres and the lot width shall not be less than 350 feet, and the minimum lot depth shall be 300 feet.

(b)

Occupied area. The maximum lot coverage, including all structures, shall not be greater than 20% of the gross lot area.

(c)

(d)

(e)

Side yards. The minimum width of a side yard shall be not less than 50 feet where a residential district adjoins a garden apartment and not less than 35 feet in all other cases.

(f)

Rear yard. The minimum depth of a rear yard shall be not less than 50 feet.

(g)

Density. The maximum density permitted shall be 12 dwelling units per acre.

(h)

(i)

Distance between structures. The minimum distance between apartment structures shall be 50 feet.

(j)

Height. The height of the habitable portion of the building shall not exceed 2 1/2 stories and the total height of the building shall not exceed three stories.

Garden apartment projects.

(1)

Garden apartment projects are specifically prohibited in all districts except in R-C Residence Districts.

(2)

A garden apartment project must have frontage in accordance with this chapter on a primary or secondary road.

(3)

A garden apartment project shall be located and arranged so as to have a courtyard between buildings on four sides.

(4)

Garden apartment projects must have public water and sewer services accessible and available.

(5)

Design standards, generally.

(a)

(b)

Off-street parking.

[1]

Off-street parking established in connection with a garden apartment project shall be of such design, location and arrangement as will not interfere with the access of emergency or service vehicles.

[2]

(c)

Sidewalks. Sidewalks shall be provided in all areas adjacent to streets and off-street parking areas and between apartment structures.

(d)

(e)

Interior streets (public). The minimum right-of-way width for such streets shall be 50 feet.

All apartment units shall be soundproofed.

(l)

There shall be a limit of 120 apartment units in any one garden apartment project constructed under the provisions of this section.

(m)

All apartments shall have garbage disposal units.

(n)

Performance bonds shall be required for landscaping and other improvements as determined by the Borough Engineer.

(o)

(p)

All site plans shall be reviewed and approved by the Planning Board.

§ 96-76 B-A Business District.

(1)

(2)

No wholesale merchandising or servicing shall be permitted unless it is incidental and subordinate to a primarily retail business.

(3)

No manufacturing, fabricating, converting, altering, finishing or assembling shall be permitted except as an incident to retail trade.

The cooking of foods is prohibited in sleeping rooms.

[4]

(c)

(5)

[Added 9-5-2018 by Ord. No. 03-2018]

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot size. The minimum lot size shall be 3,500 square feet.

(2)

Front setback line. The front setback line shall be the average setback of existing buildings within 200 feet on same side of street, but in no instance less than 20 feet.

(3)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 50% of the lot area.

(4)

Side yard. For a building or structure designed wholly for the conduct of business, no side yard shall be required.

(5)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 20 feet.

(6)

Height regulations. The maximum height of buildings shall not exceed three stories or 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

§ 96-77 Planned Office Park District.

Permitted uses shall be as follows:

(1)

Office buildings for executive, administrative, business, educational or professional services.

(2)

Buildings used exclusively by the federal, state, county or local municipal government.

(3)

(4)

(5)

Radio and television broadcasting stations and accessory uses other than towers and antennas.

(6)

Newspapers, periodicals and books; publishing and/or printing.

(7)

Commercial building.

(8)

Engineering, laboratory, scientific and research instruments and associated equipment.

(9)

Measuring and controlling instruments.

(10)

Banks located within a principal building.

(11)

Mailing, reproduction, commercial art and photography and stenographic services.

(12)

Computer and data processing services.

(13)

Regional administrative headquarters for insurance companies and pension, health and welfare funds.

(14)

Medical and dental laboratories.

(15)

Permitted accessory uses shall be as follows:

(1)

Off-street parking.

(2)

Fences and walls. (See § 96-89.)

(3)

Signs.[1]

[1]

Editor's Note: For additional sign regulations applicable within the Planned Office Park District, see § 96-78 of this Article.

(4)

Garages, storage buildings and tool sheds.

(5)

(6)

Recreational areas and parks, provided that the facility is owned and operated by an industry situated within the R District for the use of its employees or guests.

(7)

[Added 9-5-2018 by Ord. No. 03-2018]

Other uses permitted upon application to the municipal agency for a conditional use permit shall be as follows:

(1)

Public utility installations.

(2)

(3)

Public and parochial schools and colleges and private schools and colleges for academic instruction.

(4)

Restaurants or cafeterias located within a principal building.

Schedule of Area and Yard Requirements for Planned Office Park Zone.

(1)

Requirements for principal buildings.

Dimension	Requirement*
Minimum lot area (acres)	3
Minimum lot frontage (feet)	300
Minimum lot width (feet)	300
Minimum lot depth (feet)	300
Minimum side yard, each (feet)	75
Minimum front yard (feet)	125
Minimum rear yard (feet)	75

*	NOTE: In instances where the land on which a building is located abuts a residential use, an additional 25 feet on each side and in the front and rear yard, respectively, shall be required.

(2)

Requirements for accessory buildings.

Dimension	Requirement
Minimum distance to side line (feet)	50
Minimum distance to rear line (feet)	50
Minimum distance to other building (feet)	50
Maximum building coverage of principal building(s) (percent)	30
Maximum building coverage of accessory building(s) (percent)	5
Maximum building height (feet)*	75

*	NOTE: For every additional story over three stories, an additional 50 feet of setback from residential abutment shall be required.

General requirements for Planned Office Zone District.

(1)

(2)

All parking areas, walkways, passageways and driveways, loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes.

(3)

(4)

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.

Air-conditioning and other mechanical equipment on roofs and on building grounds shall be screened from public view with suitable materials to harmonize with the total development.

Off-street parking.

General regulations.

Except as otherwise noted, off-street parking areas shall not be from 20 feet from the established curbline.

Stall and driveway alignment.

[1]

The following list of stall and driveway specifications shall be adhered to:

Angle of Parking (degrees)	Stall Width (feet)	Stall Depth (feet)	Driveway
Angle of Parking (degrees)	Stall Width (feet)	Stall Depth (feet)	One-Way (feet)	Two-Way (feet)
90	10	20	25	25
60	10	20	18	21
45	10	20	15	18
30	10	18	12	18
Parallel	8	22	12	18

[2]

(m)

Length of Entrance Driveway To Be Kept Free of Parking Maneuvers
Number of Parking Spaces	Distance (feet)
1 to 39	20
40 to 99	40
100 to 299	60
300 to 3,300 or more	20 additional feet for each 500 additional parking spaces

Major parking areas.

Definitions. For the purpose of this subsection, the following definitions shall apply:

ENTRANCE DRIVEWAY

A vehicular right-of-way which connects a parking area with a county, state or municipal roadway.

INTERNAL COLLECTOR DRIVE

A twenty-five-foot vehicular right-of-way within a major parking area connecting its vehicular access aisles with its entrance driveway or driveways.

MAJOR PARKING AREAS

Any off-street parking facility which provides spaces for 250 or more vehicles.

VEHICULAR ACCESS AISLES

A twenty-five-foot accessway which provides ingress to and egress from parking bays.

(c)

Each major parking area shall be provided with a minimum of one internal collector drive, to be located in a manner which maximizes the ease and safety of traffic circulation within the parking area.

(d)

No parking stall is permitted to have direct ingress to or egress from an internal collector drive.

(e)

Intersections between vehicular access aisles and internal collector drives shall be as nearly at right angles as is possible and in no case shall be less than 60°.

(f)

(g)

Ninety-degree-angle parking shall be the only type of parking permitted in major parking areas.

(3)

Parking schedule. All uses permitted by this section shall provide, as a minimum, the number of off-street parking spaces specified in the following schedule:

(a)

For private clubs or lodges: one space for every three members, plus one additional space for each two employees of the club or lodge.

For offices, professional or public buildings: one parking space for each 200 square feet of floor area.

(f)

(g)

For general business, commercial and personal service establishments not specifically covered herein: one space for each 200 square feet of gross floor area.

Off-street loading and unloading provisions.

(1)

(2)

Loading space as required under this subsection shall be provided as area in addition to off-street parking space and shall not be considered as supplying off-street parking space.

(3)

Off-street loading and unloading areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Borough Engineer.

§ 96-77.1 Planned Business Park District.

[Added 5-7-1997 by Ord. No. 09-1997]

Permitted uses shall be as follows:

(1)

General business offices.

(2)

Buildings and facilities used exclusively by the federal, state, county, or local municipal government.

(3)

The likelihood of ground water contamination or depletion, air pollution, and the problem of waste disposal shall be considered.

(4)

General purpose warehouse and storage uses, excluding truck terminals.

(5)

Radio and television broadcasting stations and accessory uses, including broadcast towers in accordance with the standards established.

(6)

Personal wireless services facilities.

(7)

Newspapers. Periodicals and books; publishing and/or printing.

(8)

Commercial buildings.

(9)

Engineering laboratory, scientific and research instruments and associated equipment.

(10)

Measuring and controlling instruments.

(11)

Mailing, reproduction, commercial art and photography and stenographic services.

(12)

Computer and data processing services.

(13)

Assembly and light manufacturing.

(14)

Medical and dental laboratories.

(15)

Nursing homes or convalescent centers.

(16)

Senior citizen multi-family housing.

(17)

(18)

Technical schools, educational facilities, and day care centers.

Accessory uses:

(1)

Off-street parking.

(2)

Fences and walls (see Section 96-89).

(3)

Signs.

(4)

Garages, storage buildings and tool sheds.

(5)

(6)

Recreational areas and parks, provided that the facility is owned and operated by an industry situated within the R District for the use of its employees or guests.

(7)

Personal wireless services facilities.

(8)

[Added 9-5-2018 by Ord. No. 03-2018]

Other uses permitted upon application to the municipal agency for a conditional use permit shall be as follows:

(1)

Public utility installations.

(2)

Restaurants or cafeterias located within a principal building.

Schedule of Area and Yard Requirements for Planned Business Park District.

(1)

Requirements for principal buildings.

Dimension	Requirement*
Minimum lot area (acres)	3
Minimum lot frontage (feet)	300
Minimum lot width (feet)	300
Minimum lot depth (feet)	300
Minimum side yard, each (feet)	75
Minimum front yard (feet)	125
Minimum rear yard (feet)	75

*	NOTE: In instances where the land on which a building is located abuts a residential use, an additional 25 feet on each side and in the front and rear yard, respectively, shall be required.

(2)

Requirements for accessory building.

Dimension	Requirement
Minimum distance to side line (feet)	50
Minimum distance to rear line (feet)	50
Minimum distance to other building (feet)	50
Maximum building coverage of principal building(s) (percent)	30
Maximum building coverage of accessory building(s) (percent)	5
Maximum building height (feet)*

*	NOTE: For every additional story over three stories, an additional 50 feet of setback from residential abutment shall be required.

General requirements for Planned Business Park District.

(1)

(2)

All parking areas, walkways, passageways, and driveways, loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes.

(3)

(4)

(5)

No merchandise, products, waste, equipment, or similar materials or objects shall be displayed or stored outside.

Air-conditioning and other mechanical equipment on roofs and on building grounds shall be screened from public view with suitable materials to harmonize with the total development.

(10)

(11)

(12)

Off-street parking. Off-street parking shall be provided in accordance with Section 96-77G of this chapter.

Off-street loading and unloading provisions. Off-street loading and unloading shall be provided in accordance with Section 96-77H of this chapter.

§ 96-78 Signs.

[Amended 5-7-1997 by Ord. No. 09-1997; repealed 1-12-2011 by Ord. No. 08-FY2011]

See Article XIV of this chapter for sign regulations.

§ 96-79 Buffer to strips in Planned Office Park Districts and Planned Business Park Districts.

[Amended 5-7-1997 by Ord. No. 09-FY1997]

General regulations.

In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one year.

(5)

§ 96-80 B-B Business District.

[Amended 9-5-2018 by Ord. No. 03-2018; 2-28-2022 by Ord. No. 04-2022]

(1)

Any use permitted in an R-A or R-B Residence District or in a B-A Business District, as prescribed by this chapter.

(2)

(3)

Area regulations. The area, building setback line and yard provisions required in this district for every building hereafter erected, altered or used in whole or in part shall be as follows:

(1)

Lot size. The minimum lot size shall be 3,500 square feet.

(2)

Front setback line. The front setback line shall be the average setback of existing buildings within 200 feet on same side of street, but in no instance less than 20 feet.

(3)

Occupied area. The maximum building area, including accessory buildings, shall not exceed 50% of the lot area.

(4)

Side yard. For a building or structure designed wholly for the conduct of business, no side yard shall be required.

(5)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 20 feet.

(6)

Height regulations. The maximum height of buildings shall not exceed three stories or 40 feet.

Landscaping.

(1)

Traffic visibility across corner lot. At or near an intersection, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of the motorists across the corner; provided, however, that this shall not prohibit the erection or growing of a fence, hedge, wall or shrubbery not exceeding two feet in height and; provided, further, that this prohibition shall be applicable for a distance of 100 feet from the point where the center lines of the intersecting streets meet.

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Additional prohibited uses.

(1)

Day laborer employment placement office;

(2)

Outside storage of vehicles as commercial storage, or as vehicles for rent;

(3)

Public parking lots;

(4)

Self-storage warehouses;

(5)

§ 96-81 I-A Limited Industrial District.

Use regulations. The following regulations shall apply to all I-A Limited Industrial Districts:

(1)

Types of principal uses and buildings permitted shall be as follows:

(a)

Industrial plants of a type which have no nuisance problems as specified in § 96-82A(2) and which carry on processes within completely enclosed buildings, including:

[1]

[2]

Manufacture of toys, novelties, rubber or metal stamps and other molded rubber or plastic products.

[3]

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs.

(b)

(c)

Storage uses within an area fenced and enclosed on all sides with a dense evergreen hedge or solid masonry wall not less than six feet nor more than 10 feet in height.

(d)

Automobile parking space.

(e)

(f)

[Added 9-5-2018 by Ord. No. 03-2018]

(2)

Prohibited uses and buildings shall be as follows:

(a)

Business uses listed as permitted in the B-A Business and B-B Business Districts.

(b)

Residential uses.

(c)

Rubbish, garbage and trash dumps or commercial incineration.

Area regulations.

(1)

There shall be a minimum lot area of two acres.

(2)

Yard spaces. The distance from all sides of a building or outside storage areas to all lot lines shall be a minimum of 30 feet.

(3)

Front yards shall be landscaped and provided with a grass surface and shall not be used for off-street parking or for storage purposes.

Height regulations. No building or structure in an I-A Industrial District shall exceed a height of 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Permitted accessory uses and buildings.

(1)

Storage buildings for materials, liquids, chemicals and similar items not permitted within the main building shall be permitted as an accessory use under American Insurance Association standards.

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-82 I-B General Industrial District.

Use regulations. The following regulations shall apply to all I-B Industrial Districts:

(1)

The following types of principal uses and buildings shall be permitted, provided that they conform to standards enumerated in Subsection A(2) of this section:

(a)

Any use permitted in the I-A Industrial District under § 96-81A(1).

(b)

The processing of raw materials (except foods or chemicals) in addition to the manufacturing of articles from such materials as have been previously prepared.

(c)

[Added 9-5-2018 by Ord. No. 03-2018]

(2)

(a)

[1]

Editor's Note: See Ch. 53, Construction Codes, Uniform.

[2]

Editor's Note: See Ch. 70, Fire Prevention.

(b)

(c)

(d)

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(e)

(f)

[3]

Editor's Note: See N.J.S.A. 26:2D-1 et seq.

(g)

(h)

Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be offensive at the property line of the lot occupied by such use.

(3)

Administration of performance standards.

Area regulations.

Yard spaces. The distance from all sides of a building or outside storage areas to all lot lines shall be a minimum of 30 feet.

(2)

Front yards shall be landscaped and provided with a grass surface and shall not be used for off-street parking or for storage purposes.

Height regulations. No building in an I-B Industrial District shall exceed a height of 40 feet.

Landscaping.

(1)

(2)

Encroachment upon right-of-way. No fence, wall, hedge, shrubbery or similar matter shall encroach upon the right-of-way of any street.

(3)

Construction. All fences, walls and other similar structures shall be securely built and adequately anchored.

(4)

Permitted accessory uses and buildings.

(1)

Storage buildings for materials, liquids, chemicals and similar items not permitted within the main building shall be permitted as an accessory use under American Insurance Association standards.

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-83 CR Conservation and Recreation District.

(1)

Permitted conditional uses.

(a)

Permitted conditional uses shall be as follows:

[1]

Parks, playgrounds, tennis courts, bicycle and foot paths, nature study areas, outdoor museums and arboretums.

[2]

Buildings erected to provide quarters for recreational activities, storage or shelter.

(b)

(1)

The design, use or occupancy of any buildings, premises, facilities or land:

(a)

Shall not produce a significant potential of increasing the risk of flood damage, surface drainage or increasing hazards to human life and safety or property as a result of flooding.[1]

[1]

Editor's Note: See also Ch. 73, Flood Hazard Areas.

(b)

Shall not adversely affect the tranquility of residential neighborhoods.

(c)

Shall not produce any significant adverse impact on the environment or natural features.

(d)

Shall not cause the removal of soil, trees, ground cover, plants or shrubs.

(e)

Shall not disturb, alter or modify to a substantial degree any natural surface drainage pattern, facility or course.

(2)

Buildings, structures and facilities shall be designed and erected to harmonize with the natural setting.

Height regulations. The maximum height of buildings shall be 15 feet in height above the mean curb or grade level, measured at the building line.

Accessory uses.

(1)

(2)

[Added 9-5-2018 by Ord. No. 03-2018]

§ 96-83.1 Townhouses and multi-dwelling zoned areas.

[Added 4-5-1989 by Ord. No. 4-1989]

Use regulations.

(1)

In a townhouse or multi-dwelling zoned area, land may be used only for the following uses.

(2)

Any use permitted in an R-A and R-B Residence District.

The minimum frontage for a townhouse unit shall not be less than 35 feet.

(1)

The minimum lot size for lots improved or to be improved by townhouses shall be 8,400 square feet (three units).

Set back.

(1)

No building shall be set back less than 30 feet from the right-of-way line of any public road other than a county or state road.

(2)

No building shall be set back less than 50 feet from the right-of-way line of any county or state roadway.

(1)

Two parking spaces for each dwelling unit.

Fence use and limitation.

(1)

Zoning permits and certificate of compliance shall be required.

(2)

A building permit shall be required to construct, enlarge or alter any fence.

§ 96-83.2 Discontinuance of abandonment.

[Added 2-28-2022 by Ord. No. 04-2022]

§ 96-83.3 Modernization of nonconforming structures.

[Added 2-28-2022 by Ord. No. 04-2022]