Leonia City Zoning Code
ARTICLE XIII
General Regulations
§ 290-43 Provisions applicable to all districts.
Unless otherwise stated in this chapter, the provisions of this article shall be applicable to all districts.
§ 290-43.1 Prohibited uses.
[Added 8-6-2018 by Ord. No. 2018-10]
A.
Prohibited uses generally. Any use of any building or premises in such a manner that the health, safety, morals or welfare of the community may be endangered is prohibited.
B.
The following uses are specifically prohibited in any zoning district:
(1)
Auction markets where goods, wares or merchandise of any description whatsoever are offered for sale to the highest bidder.
(2)
Massage parlors.
(3)
Heavy commercial trucking garages.
(4)
Sale of explosives and similar products.
(5)
Yards for scrapped or junked motor vehicles, vehicle parts, tires, metal, lumber, paper, rags and similar materials.
(6)
Vaping parlors and cigar lounges.
(7)
Retail marijuana dispensaries.
(8)
No land or building in any zoning district within the Borough of Leonia shall be used or shall be allowed to be used as any classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16.[1]
[Added 7-19-2021 by Ord. No. 2021-06]
[1]
Editor's Note: See N.J.S.A. 24:6I-3.
§ 290-43.2 Mandatory affordable housing set-aside.
[Added 7-20-2020 by Ord. No. 2020-17; amended 5-19-2025 by Ord. No. 2025-11]
A.
All residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, whether permitted by a zoning amendment, a use variance granted by the Zoning Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, shall require that an appropriate percentage of the residential units be set aside for very-low-, low- and moderate-income households.
B.
This section shall not apply to residential expansions, additions, renovations, replacement or any other type of residential development that does not result in a net increase in the number of dwellings of five or more.
C.
For inclusionary projects regardless if they are for-sale or rental, the affordable housing set-aside percentage shall be 20%.
D.
The developer shall provide that one-half of the affordable units constructed be reserved for low-income households and that the remaining one-half be reserved for moderate-income households. At least 13% of all restricted units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.
E.
A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.
F.
This section does not create any entitlement for a property owner or applicant for a zoning amendment, variance or adoption of redevelopment plan or amended redevelopment plan in area of need of redevelopment or rehabilitation or for approval of any particular proposed project.
G.
In the event that the inclusionary set-aside percentage (20%) of the total number of residential units does not result in a full integer, the developer shall round the set-aside upward to construct a whole additional affordable unit.
H.
This section does not apply to any sites or specific zones otherwise identified in the housing element and fair share plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
§ 290-44 Effect of zoning.
No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose, other than a purpose permitted herein, in the district so located, and all construction shall be in conformity with the regulations provided for the district in which such building or premises is located. The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.
§ 290-45 Accessory structures.
No accessory structure may be built on any lot on which there is no principal building or structure. Unless otherwise regulated in this chapter, accessory structures shall meet the following conditions:
A.
Accessory structures in District A.
(1)
Accessory structures shall not exceed one story nor 15 feet in height. No shed on property shall exceed 10 feet in height or have an area greater than 120 square feet.
[Amended 9-9-2020 by Ord. No. 2020-06]
(2)
No accessory structure shall be nearer than 50 feet to the street line nor, in the case of a corner lot, nearer than 25 feet to the side street, but in no event shall an accessory structure be located nearer to any street line than the principal building.
(3)
Accessory structures erected in a side yard shall meet the side yard requirements of the principal building.
(4)
Accessory structures erected in the rear yard shall be at least three feet from a side or rear property line.
(5)
Accessory structures shall be at least 10 feet from a principal building and at least six feet from another accessory structure.
(6)
Not more than one garage structure may be placed on a lot.
(7)
Not more than 25% of the rear yard area may be devoted to accessory structures.
(8)
All satellite earth station antenna, commonly referred to as "dish antennae," shall be deemed accessory building and shall be subject to all regulations set forth in this chapter governing accessory structures.
[Added 4-7-1986 by Ord. No. 1020]
C.
Accessory structures in District D. Accessory structures in District D shall meet the requirements of Subsection A.
D.
Accessory structures in District LI. For the purposes of this chapter, accessory buildings in District LI shall meet the requirements for principal buildings. No such accessory building shall be located closer to another building than the height of the lower building.
E.
Solar energy systems are permitted in all zoning districts and shall meet the following requirements.
[Added 12-18-2017 by Ord. No. 2017-22]
(1)
Permit requirements.
(a)
Before any solar energy system may be installed, plans for such installation shall be submitted to the Leonia Construction Official. No solar energy system shall be installed without a permit issued by the Borough.
(b)
The applicant shall submit a certification prepared by licensed architect or other comparable professional that the design of the solar energy system complies with all applicable construction and zoning regulations. The manufacturer specifications shall be submitted as part of the application.
(c)
A copy of the permit shall be provided to the Leonia Fire Prevention Officer.
(2)
Installation requirements.
(a)
Solar panels may be mounted on a principal building or accessory building.
(b)
Roof-mounted solar panels shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the rooftop. No such mounted solar panel shall exceed the maximum permitted height of the structure.
(c)
A roof-mounted solar panel that is mounted on a flat roof may be angled to achieve maximum sun exposure but shall not exceed five feet above the roof. No such mounted solar panel shall exceed the maximum permitted height of the structure.
(d)
All roof-mounted solar panels shall be installed at least three feet from the roof edges for residential structures and 10 feet from the roof edges for nonresidential structures.
(e)
All solar energy systems shall comply with the following conditions:
[1]
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residential homes or roadways.
[2]
All exterior electrical lines must be painted a color scheme that matches as closely as reasonable possible the color of the structure and adjacent materials, unless other colors are required by the Uniform Construction Code.
[3]
An external disconnect switch, which is clearly identified and unobstructed, shall be provided and shall be located as close as reasonably possible to the electric meter panel.
F.
Emergency standby generators are permitted in all zoning districts and shall meet the following requirements:
[Added 12-18-2017 by Ord. No. 2017-20]
(1)
Emergency standby generators may be located in the rear or side yard, and must be set back at least five feet from any lot line. Emergency standby generators are prohibited in any front yard.
(2)
Relative to the distance from the structure to which the emergency standby generator is connected, the emergency standby generator shall be located in accordance with its manufacturer's installation instructions or the building codes adopted by the State of New Jersey, whichever is more stringent, but in no event shall it be located further than five feet from the structure to which it is connected.
(3)
Emergency standby generators shall be placed so as to minimize the visual impact on adjacent properties and any municipal right-of-way with the use of appropriate sound-attenuating architectural materials and landscape screen. The Construction Official shall determine whether sound-attenuating architectural materials or landscaping screens are required.
(4)
Emergency standby generators shall only be used during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation shall only take place during day light hours between the hours of 10:00 a.m. and 5:00 p.m. not to exceed once a week.
(5)
Emergency standby generators shall be installed on a concrete or pre-made pad. Emergency standby generators for one- and two- family residential use shall sit on a footprint that is no more than 16 square feet, and shall not exceed five feet in height. There shall be no limit to the size of an emergency standby generator for multifamily residential and nonresidential uses, but the Borough of Leonia Planning Board shall review and determine the appropriate size of any emergency standby generator for a multifamily residential or nonresidential use during site plan review.
(6)
No emergency standby generator shall be permitted to produce sound output that exceeds New Jersey Noise Control Act, N.J.S.A. 13:1G-1, as measured from the closest property line. Sound attenuation enclosures, screening and landscaping may be used to minimize noise on adjacent properties and bring noise output into compliance with the standards of the New Jersey Noise Control Act. It shall be the obligation of the person seeking to install any emergency standby generator to demonstrate that the emergency standby generator will not exceed the decibel limit imposed by the New Jersey Noise Control Act prior to receiving a permit.
(7)
Permit requirement.
(a)
Where an emergency standby generator is sought for a one- or two-family residential dwelling, applications for an emergency standby generator permit and a zoning permit shall be submitted to the Construction Officer and Zoning Officer. The application for a zoning permit must include a site drawing showing the proposed location of the standby generator and associated setbacks to all adjacent property lines. The applicant must demonstrate to the satisfaction of the Construction Officer that the emergency standby generator is appropriately screened and that it complies with the New Jersey Noise Control Act by providing information concerning the noise generated, in decibels, at the property line.
(b)
Where an emergency standby generator is sought for multifamily residential use or nonresidential uses, an application to the Borough of Leonia Planning Board for site plan review shall be required. The Planning Board shall review such application subject to the criteria set forth above.
(c)
An emergency standby generator permit is revocable if the property owner does not continue to meet the requirements set forth above.
G.
Exterior air conditioning units are permitted in all zoning districts and shall meet the following requirements:
[Added 12-18-2017 by Ord. No. 2017-21]
(1)
Exterior air conditioning units may be located in the rear or side yard provided that they are set back at least five feet from any lot line. Exterior air conditioning units are prohibited in any front yard.
(2)
Relative to the distance from the structure to which the exterior air conditioning unit is connected, the exterior air conditioning unit shall be located in accordance with its manufacturer's installation instructions or the building codes adopted by the State of New Jersey, whichever is more stringent, but in no event shall it be located further than five feet from the structure to which it is connected.
(3)
Exterior air conditioning units shall be placed so as to minimize the visual impact on adjacent properties and any municipal right-of-way with the use of appropriate sound-attenuating architectural materials and landscape screen. The Construction Official shall determine whether sound-attenuating architectural materials or landscaping screens are required.
(4)
Exterior air conditioning units shall be installed on a concrete or pre-made pad. Exterior air conditioning units for one- and two- family residential use shall sit on a footprint that is no more than 16 square feet, and shall not exceed five feet in height. There shall be no limit to the size of an exterior air conditioning unit for multifamily residential and nonresidential uses, but the Borough of Leonia Planning Board shall review and determine the appropriate size of any exterior air conditioning units for a multifamily residential or nonresidential use during site plan review.
(5)
No exterior air conditioning unit shall be permitted to produce sound output that exceeds New Jersey Noise Control Act, N.J.S.A. 13:1G-1, as measured from the closest property line. Sound attenuation enclosures, screening and landscaping may be used to minimize noise on adjacent properties and bring noise output into compliance with the standards of the New Jersey Noise Control Act. It shall be the obligation of the person seeking to install any exterior air conditioning unit to demonstrate that the exterior air conditioning unit will not exceed the decibel limit imposed by the New Jersey Noise Control Act prior to receiving a permit.
(a)
Permit requirement.
[1]
Where an exterior air conditioning unit is sought for a one- or two-family residential dwelling, an application for a zoning permit shall be submitted to the Zoning Officer. The application must include a site drawing showing the proposed location of the exterior air conditioning unit and associated setbacks to all adjacent property lines. A zoning permit shall not be required when an existing exterior air conditioning unit is to be replaced and the property owner or applicant can demonstrate that the existing exterior air conditioning unit was installed with all permits that were necessary at the time of installation.
[2]
Where an exterior air conditioning unit is sought for multifamily residential use or nonresidential uses, an application to the Borough of Leonia Planning Board for site plan review shall be required. The Planning Board shall review such application subject to the criteria set forth above.
§ 290-46 Corner lots.
On corner lots, either street may be taken as the front lot line, except that in Districts D and LI, the street line on the street of greatest width shall be the front lot line.
§ 290-47 Fences and walls.
[Amended 12-4-1991 by Ord. No. 1134; 11-8-1999 by Ord. No. 18-99]
A.
In residence districts A, B and AH, fences and walls located in side and rear yards shall not exceed six feet in height. Fences and walls located in front yards shall not exceed four feet in height and shall not be more than 50% solid. Fences and walls located on corner lots shall have both street exposures conform to front yard requirements.
B.
Any fence which is considered to have a face or front side shall be erected so that such face or front side is placed outward from the area being enclosed. All posts supporting any fence are to be placed inward to the areas being enclosed.
C.
Chain link and barbed wire fences are prohibited in front yards of A, B, D and AH Districts.
D.
In District D, no fence shall exceed a height of six feet.
E.
In District LI, no fence shall exceed a height of eight feet.
F.
The foregoing limitations shall not apply to fences or walls required by the Planning Board or Board of Adjustment in connection with site plan approval.
§ 290-48 Frontage on public street.
[Amended 12-4-1991 by Ord. No. 1134]
Every lot shall have frontage on a public street, and said frontage shall not be less than required in the district in which the lot is located. In the case of a corner lot, the frontage calculation shall be the frontage exposure with the street address as listed in the Borough's tax records.
§ 290-49 Height exceptions.
A.
The height provisions of this chapter shall not apply to the erection of church spires, belfries, towers designed exclusively for ornamental purposes, chimneys or flues. The height provisions of this chapter shall, moreover, not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located. All such structures shall not exceed the height limit by more than 10 feet.
B.
Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
C.
No radio antenna or television antenna shall be more than 12 feet above the roof ridge of the building upon which it is erected.
D.
No radio tower, television tower or observation tower, other than those for municipal use, shall exceed 45 feet in height, measured from the ground level at the base of said structure.
§ 290-50 Principal buildings.
§ 290-51 Projections and encroachments.
No part of any building nor any structure attached to a building shall project into any required yard or setback area except as follows:
A.
No part of a building shall extend into the surrounding yards as herein required except:
(1)
Steps.
(2)
Leaders, windowsills, belt courses and similar features projecting not more than six inches.
(3)
Ornamental features not extending to the foundation walls and chimneys, in either case projecting not more than two feet.
(4)
Eaves projecting not more than three feet.
(5)
Window air-conditioning units not more than 18 inches and outside air-conditioning units on the ground not more than three feet.
B.
Open porches one story in height or open porticoes not more than two stories in height, in either case projecting not more than five feet, provided that such porches or porticoes do not exceed the maximum permitted coverage, may extend into the front and rear yards.
C.
Except in Districts A, open metal fire escapes may extend into a required side or rear yard by not more than four feet.
D.
Under no circumstances shall any of the foregoing projections extend closer to a property line than 1/2 the required setback distance.
§ 290-52 Reduction of required area or space prohibited.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.
§ 290-53 Signs and billboards.
The erection, alteration and maintenance of signs and billboards in this Borough shall continue to be governed Chapter 232, Signs, or any amendment thereto or subsequent ordinance regulating signs.
§ 290-54 Special building lines created.
In Districts D and LI, no building shall extend nearer the center lines of the following streets than the distance specified for each street; and in Districts A and B the distance specified from the center of the street shall determine the point of measurement for the front yard requirements of said districts.
Name of Street | Distance of Building from Street (feet) |
|---|---|
Fort Lee Road | 35 |
Grand Avenue | 39 |
Grandview Terrace | 30 |
Hillside Avenue | 30 |
Hillside Avenue between Broad Avenue and Glenwood Avenue on the north side | 36 1/2 |
Lakeview Avenue | 30 |
§ 290-55 Subdivision of land.
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this chapter.
§ 290-56 Temporary permits for incidental uses.
Whenever in connection with an application for a permit to erect or alter a building or buildings of a specified lot or adjoining lots in conformity with the requirements of this chapter, an application is also made by the same applicant for a permit to erect an accessory building or structure on the same lot, to be used temporarily for uses incidental to the construction or sale of the main building or buildings, which are nonconforming uses in the district, the Zoning Officer shall have authority, in his discretion, to issue a temporary permit for a specified period, not exceeding one year, for the incidental uses specified therein. Such uses may include storage of building supplies and machinery, mixing or assembling of building materials and supplies, a construction office and a real estate office used solely for the purpose of selling all or any part of said property. Such temporary permits may be renewed for periods not to exceed six months; provided, however, that any such permit shall expire three months after completion of construction.
§ 290-57 Soil removal.
A.
Permit required. No person, firm or corporation shall do, cause or allow any of the following actions to occur on any land in the Borough, unless and until a soil permit shall first have been issued by the Borough Engineer:
(1)
The addition, removal or movement of more than 100 cubic yards of soil from or on any lot or change in its contour of greater than six inches.
(2)
The moving of any soil on a lot where the activity results in a change in the lot contours which result in a change in the drainage characteristics of the lot to the extent that there is increased or decreased runoff to any abutting properties or private or public roads.
(3)
The installation of retaining walls over four feet in height, swales, pools or ponds, headwalls or drainage facilities.
[Amended 6-17-2024 by Ord. No. 2024-08]
B.
Responsibility of landowner where other party causes removal. No owner of any land in the Borough shall permit any of the actions described in Subsection A to occur upon his property until the owner of the land has first obtained a soil moving permit.
C.
Application for permit. Any person, firm or corporation desiring to engage in any activities for which a permit is required shall, before commencing work, file a written application with the Borough Engineer or Building Department on a form furnished by the Borough for a permit therefor, signed by the property owner, which application shall contain the following data:
[Amended 6-17-2024 by Ord. No. 2024-08]
(1)
Property survey showing present contour lines and grades of the lots and lands; existing buildings, walls or other structures; trees over six inches in diameter; and existing property lines, prepared by a New Jersey licensed land surveyor;
(2)
Proposed contour lines and proposed grades resulting from the addition, removal or moving of soil on the lots and lands and in relation to the adjoining properties; proposed landscaping; proposed buildings, drainage structures, pools, utilities or other facilities prepared by a New Jersey licensed engineer;
(3)
Grades of all abutting streets, lots and lands to the extent required by the Borough Engineer;
(4)
Where soil is to be removed and stored on lands within the Borough, the applicant shall indicate the precise location where the soil shall be stored, the present contour lines and contour grades of the property on which this soil shall be stored, the total cubic yards intended to be stored, the length of time of storage, and any and all plans for soil erosion control when requested by the Borough Engineer;
(5)
The Borough Engineer may waive or omit any of the requirements set forth herein or may require the submission of additional detail or data.
D.
Permitted importing or exporting of soils. No fill other than soil shall be permitted without the express authorization of the Borough Engineer. Stone, boulders, debris, stumps or similar materials are not permitted without the Borough Engineer's authorization. Where soil is being imported into the Borough, the applicant shall provide to the Borough Engineer a certification that the soil is free from any toxic waste, radioactive materials or other materials that would present health hazards or are prohibited from discharge into the soil by the Department of Environmental Protection. If fill is required, the applicant shall further state the precise location from which the soil is being imported and, where required by the Borough Engineer, shall provide any requested analysis of the soil. If excess material is to be exported, the applicant shall provide the destination of the material and a signed acceptance by the property owner at the final point of disposal.
E.
Review by Planning Board. In those instances where the Borough Engineer feels it is appropriate, he may refer any applications for soil movement to the Planning Board for review and approval.
[Amended 6-17-2024 by Ord. No. 2024-08]
F.
Guiding factors in reviewing applications. In considering and reviewing the application and in issuing or denying the permit, the Borough Engineer shall be guided by the general purposes of municipal planning and shall take into consideration the following factors:
(1)
Soil erosion by water and wind;
(2)
Surface water drainage;
(3)
Soil fertility;
(4)
Lateral support of abutting streets, lots and lands;
(5)
Public health and safety;
(6)
Land uses, including effect on surrounding properties, landscaping, etc.;
[Amended 6-17-2024 by Ord. No. 2024-08]
(7)
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough with proper consideration of environmental and aesthetic effects;
(8)
Water table;
(9)
Streams, ponds, lakes and watercourses;
(10)
Needed detention of stormwater runoff.
G.
Performance guarantee. If required by the Borough Engineer, and before any permit shall be issued the applicant shall file with the Mayor and Council of the Borough, a performance bond or its equivalent with satisfactory surety, the amount to be set by the Borough Engineer. The bond shall be conditioned upon full and faithful performance by the principal within the time specified in the application of all the proposed work as set forth in the application and such additional work which may be found necessary by the Borough Engineer. In addition, the bond shall be conditioned upon the repair at the expense of the owner or applicant of any street or streets damaged by the transportation of soil in connection with the applications, if in the judgment of the Borough Engineer, such repairs are deemed to be necessary. The term "expense" as used in this section shall include the cost of supervision incurred by the Borough Engineer in connection with such repairs. The term "bond" may also include a cash deposit or approvable letter of credit.
[Amended 6-17-2024 by Ord. No. 2024-08]
H.
Top layer of soil not to be removed. The owner of the premises or the person in charge of the moving of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Engineer. To the extent possible, 12 inches of arable soil shall be placed, conditioned, seeded and maintained until a suitable stand of grass is achieved.
I.
Performance of operations, prohibited time for work; records.
(1)
In the moving of soil, when permission has been duly granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such a manner that, upon completion, the area shall be properly leveled off, cleared of debris and graded and seeded to conform with the contour lines and grades as approved by the Borough Engineer.
(2)
No operation for which a permit has been issued pursuant to this section shall be conducted on Sundays. On any other day of the week, pursuant to validly issued permit, work shall be conducted between the hours of 8:00 a.m. and 6:00 p.m.
[Amended 6-17-2024 by Ord. No. 2024-08]
(3)
When a permit for the moving of soil has been granted, the person, firm or corporation receiving such permit shall keep records as are necessary to show the quantities of soil moved, removed or added to land. The records shall be so maintained as to permit inspection and audit by the Borough Engineer.
J.
Inspections of work. The Construction Code Official, Borough Engineer, Mayor and/or any member of the Borough Council, or Planning Board shall have at all times the right to inspect any property where a permit has been issued under the provisions of this section for the purpose of insuring conformance to the permit requirements. In order to facilitate this right of inspection, the owners of the property shall cause sufficient grade and boundary stakes to be put in place while work is going on or about to commence. The Borough Engineer, Mayor, Borough Council and Planning Board shall also have the right to inspect the property at anytime for the purpose of laying out roads, drainage or for any other purpose deemed in the best interests of the Borough.
[Amended 6-17-2024 by Ord. No. 2024-08]
K.
Filing and engineering deposits.
[Amended 12-6-2021 by Ord. No. 2021-17]
(1)
The applicant shall pay an application fee in the amount of $100 to the Borough Building Department.
[Amended 6-17-2024 by Ord. No. 2024-08]
(2)
The applicant shall make an escrow deposit in the amount of $1,500 to the Borough Building Department for engineering review and inspections.
[Amended 6-17-2024 by Ord. No. 2024-08]
(3)
Prior to the review of the soil moving permit application, the escrow deposit must be paid.
(4)
Moving more than the estimated number of cubic yards or failure to comply with permit conditions shall be considered a violation of this section.
(5)
A separate soil moving permit is required for each site where soil is being removed from a site in the Borough and deposited on another site or sites.
(6)
Upon approval of the application, an additional escrow deposit, if required, shall be prescribed if necessary by the engineer for inspection purposes.
[Amended 6-17-2024 by Ord. No. 2024-08]
(7)
The balance remaining in the applicant's escrow account upon final action on the application and completion of inspections shall be returned to the applicant.
L.
Possession of permit. At any and all times when soil is being removed or deposited upon a site in the Borough, the soil moving permit shall be in the possession of the person in charge of the operation of the site. In the event the soil moving permit is not in possession of the person and on the site, a summons may be issued and all work shall cease immediately.
§ 290-58 Reviewing stands.
Reviewing stands, platforms and other similar structures are prohibited, except that the Zoning Officer may issue a temporary permit for a period of 10 days or less when, in his opinion, the same would be of sound construction and not interfere with the movement of traffic within the Borough of Leonia. This provision shall not apply to the Borough government or any instrumentality nor to the Board of Education with respect to its property.
§ 290-59 Minibikes; snowmobiles; motorcycles.
No person shall operate a motor-driven minibike, go-kart, snowmobile, motorcycle or similar motor-driven conveyance or vehicle on any private property in any zone in the Borough, except in the course of moving such vehicle or conveyance directly to or from a public road for the purpose of parking the same on private property or operating the same on public roads, nor shall the owner of any property in the Borough permit any person to operate such vehicles or conveyances on his private property except as set forth in this section above.
§ 290-60 Satellite antennas.
[Added 4-7-1986 by Ord. No. 1020]
A.
Site plan approval by the Leonia Planning Board is required for the installation of a satellite antenna.
B.
No satellite earth station shall be built, erected or modified unless and until a building permit is issued by the Construction Code Official, for which the applicant therefor shall pay a fee as established by law for accessory structures.
C.
Each satellite earth station must be accessory to a principal structure located on the same premises as the principal use to which it is accessory. Location of stations shall be limited to the rear yard only and shall not be located in any front or side yard or on the roof of any structure.
D.
All satellite earth antennae shall be designed in conformance with the American National Standards Institute Standard A58-1, American National Building and Other Structures, and the Electronics Industry Association Standards RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations or any modification or successors to said standards, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such antennae, including, without limitation, the Federal Communication Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Construction Code Official shall be submitted to the Construction Code Official as a condition of the issuance of the building permit required by this chapter. In addition, the installation of dish antennae shall comply with the National Electrical Safety Code Regulations.
(1)
Size and height requirements:
(a)
Ground-mounted antenna. The maximum permitted size and height of a ground-mounted satellite antenna shall be in accordance with the requirements set forth in Table 1.
Table 1 | ||
|---|---|---|
Maximum Size and Height Regulations Ground-Mounted Antennas | ||
Zone | Diameter (feet)1 | Height (feet)2 |
A1, A2, A3 | 3 | 6 |
Townhouse B1, B2 Garden Apartments | 6 | 9 |
D, LI | 9 | 12 |
1Diameter of antenna reflector. It is noted that, in general, a satellite antenna has a reflector that is circular in shape with a concave surface. Where an antenna reflector is not circular, the term "diameter" as used herein shall be considered to include the distance between the extreme points across the plane formed by the outer edge of the reflector surface. | ||
2As measured from ground level at foundation, to the top of the unit. | ||
(2)
Setback requirements.
(a)
In the A1, A2, and A3 Zones the satellite antenna shall be located in the rear yard, and shall be set back a minimum 20 feet from all property lines.
(b)
In the B1 and B2, the satellite antenna shall be located in the rear yard, and shall be set back a minimum 25 feet from all property lines.
(c)
In the D and LI Zone, the satellite antenna may be permitted in the rear or side yard, and shall be set back a minimum 30 feet from all property lines.
(3)
Landscape/buffer requirements. The applicant shall provide buffer plantings in order to minimize the satellite antenna's visual impact on adjacent properties and from the street. Buffer plantings in the form of evergreens or similar dense cover shall be provided in the general area of property lines or other suitable location to minimize the visual impact on the antenna.
(4)
Installation. The satellite antenna shall be erected on a secure ground-mounted foundation and be designed to survive static wind loads of not less than 100 miles per hour at any antenna elevation angle or directional position.
§ 290-60.1 Electric vehicle supply and service equipment.
[Added 10-3-2022 by Ord. No. 2022-14; amended 6-19-2023 by Ord. No. 2023-08; 8-19-2024 by Ord. No. 2024-12]
A.
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for Nonresidential uses to supply EVSE to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. CERTIFICATE OF OCCUPANCY CHARGING LEVEL(1) (2) (3) ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE) MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- to 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4)
The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Leonia's land use regulations.
(5)
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7)
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and Make-Ready parking spaces.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces.
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of Make-Ready parking spaces.
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 290 of the Borough Code.
(2)
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(1)
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2)
Installation:
(a)
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make-Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine and/or impoundment of the offending vehicle as described in Subsection F(6) below, and in the general penalty provisions of this Municipal Code at § 1-1 or § 290-111. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area as described in Subsection F(6) below.
(d)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Leonia's ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Leonia shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE, is connected to the EVSE and is in the process of charging. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be as follows for each hour that the electric vehicle is connected to the publicly accessible municipal EVSE:
Time | Hourly Rate/Violation |
|---|---|
First hour | $5 (minimum fee) |
Second hour | $5 |
Third hour | $5 |
Fourth hour (maximum time limit) | $8 |
After four hours | $50 violation |
Parked without charging | $100 violation |
(b)
These fees may be amended by a resolution adopted by the governing body.
(c)
Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.