Lincoln Park City Zoning Code
ARTICLE IV
General Provisions
§ 28-4.1 Buildings; exceptions to height limitations.
[Amended 12-1-2025 by Ord. No. 13-25, effective 12-21-2025]
A.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged, or rebuilt, nor any land be designed and used or intended to be used, for any purpose other than those permitted in this chapter, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area, building location, percentage of lot coverage, and off-street parking space specified in this chapter, and such other regulations designated in the schedule appended hereto, constituting a part of Article III of this chapter, for the zone in which such building or space is located. In the event of such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the certificate of occupancy of such building shall thereupon become null and void.
B.
No lot shall have erected upon it more than one residential building.
C.
Every principal building shall be built upon a lot with frontage upon an approved and dedicated public street.
D.
An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.
E.
The height limitations of this chapter shall not apply to chimneys, church spires, elevator shafts, gables, cupolas, flagpoles, monuments, radio or television antennas for residential use, cables, stairwells and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no exception shall cover at any level more than 10% of the area of the roof on which it is located or the roof of the main building if located on the ground.
§ 28-4.2 Yard requirements.
A.
When the rear yard of a corner lot adjoins the front yard of a lot to the rear, no accessory building on such corner lot shall be located nearer to the street line of the street on which the lot to the rear faces than a distance equal to the depth of front yard required on such lot to the rear.
B.
Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open spaces in connection therewith. No permit shall be issued for the erection of a new building on the new lot thus created unless it complies with all the provisions of this chapter.
C.
Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets.
D.
No yard or other open space provided about any building on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for a building on any other lot.
E.
Public and quasi-public buildings, schools, churches and other permitted structures shall increase the front, rear and side yards one foot for each foot which such building exceeds the height limit herein established for such zone in which it is located, but in no case shall any building have a height greater than 50 feet.
F.
Where any property owner or his predecessor in title has given up any portion of his property to the Borough, either through condemnation, gift or purchase, for the purpose of facilitating street or other local improvements, the area so given up shall be counted as part of the premises for the purposes of complying with this chapter.
G.
Upon application, the municipal agency may vary the yard requirements of a lot to permit the construction of a building in accordance with the following standards:
(1)
Front and rear yards may be reduced provided they are not less than the average alignment of the front or rear yards in existence in the same block or within 200 feet of the lot under consideration and on the same side of the street.
(2)
Combined total side yard requirements may be reduced by six inches for each foot a lot is less than the required width prescribed for the zone in which such lot is located, provided that such is deemed necessary to permit construction thereon and provided that no principal building shall be placed nearer than six feet to any property line, and there shall be one side yard of not less than 10 feet.
§ 28-4.3 Uses. [1]
A.
Off-street parking space or garage shall be provided as specified herein and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. Such space may be expanded or located elsewhere on the lot so as not to encroach upon the minimum front, rear, and side yard requirements, provided that the additional space is suitably surfaced. One commercially licensed vehicle rated one ton or less used by a resident on the premises shall be permitted. A commercially licensed vehicle shall be garaged, kept in a carport or parked in a designated space, driveway or passageway.
B.
At the intersection of two or more streets, no hedge or wall higher than three feet above the curb level, nor any obstruction to vision other than a post not exceeding one square foot in cross-section area, shall be permitted on any lot within the triangular area formed by the intersecting street lines bounding said lot or the projection of such lines and by a line connecting a point on each street line located 25 feet from the intersection of the street lines.
C.
No coin-operated dispenser, including mechanical and automatic machines, in which a product is dispensed or a service rendered, will be permitted out of doors.
D.
Facilities for the provision of water or sewage systems to the uses permitted in the Borough shall comply in all respects with the statutes relating to water, water supplies and sewage systems of the Borough and the State of New Jersey and with the regulations of the Pequannock, Lincoln Park and Fairfield Sewerage Authority.
E.
Nothing in this chapter shall be deemed to prohibit the following accessory and incidental uses in addition to those specified in this chapter:
F.
Fowl and livestock. No fowl or livestock shall be raised, kept or harbored within the Borough of Lincoln Park except upon a commercial farm, in conformance with all requirements of Article XXV of this chapter.
G.
Mobile homes, trailers or camp cars used or occupied as a permanent dwelling or mobile home parks or trailer parks similarly occupied shall be prohibited in all zoning districts. The prohibitions in this subsection shall not apply to trailers or mobile homes used for temporary occupancy and regulated pursuant to Chapter 364 of the Code of the Borough of Lincoln Park. The governing body may, in its discretion, grant a special permit for the temporary location and occupancy of a trailer or mobile home upon the premises of the applicant which has been rendered temporarily uninhabitable as a result of a fire, flood or other natural disaster.
§ 28-4.4 Special requirements in Airport Safety Area.
A.
Airport Safety Area. Pursuant to the Air Safety Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), and the implementing regulations (N.J.A.C. 16:62-1.1 et seq.), there is hereby established an Airport Safety Area as an overlay on the Zoning Map of the Borough of Lincoln Park, known as "Zoning Map 1 of 2 and Zoning Map 2 of 2" and as amended, and as more particularly described herein. The Airport Safety Area Overlay standards shall be considered minimum standards in addition to the requirements of the underlying zoning within the Overlay. The Airport Safety Overlay permits general classes of use, pursuant to N.J.A.C. 16:62-5.1(a)1, but it is the Borough’s intent to define more specific uses as permitted and/or prohibited uses within underlying zoning. In no instance shall a use prohibited in the Airport Safety Area Overlay be permitted regardless of the standards in the underlying zoning; however, a use permitted in the Airport Safety Area Overlay shall not be permitted if it is a prohibited use in the underlying zone.
[Amended 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
B.
Permitted uses. Pursuant to N.J.A.C. 16:62-5.1(a)1, the following uses are permitted in the Airport Safety Area:
(1)
Residential single-family dwelling units which are situated on a lot at least three acres in size and not located in a clear zone. Residential zoning is permitted in the clear zone as long as all dwellings are physically located outside of the clear zone.
(2)
Airpark (minimum lot size of at least three acres which are not located in a clear zone).
(3)
Open space.
(4)
Transportation.
(5)
Airport.
(6)
Commercial (not located in a clear zone).
(7)
Industrial (not located in a clear zone).
C.
Prohibited uses. Pursuant to N.J.A.C. 16:62-5.1(a)2, the following uses are prohibited in the Airport Safety Area:
(1)
Residential (dwelling units) not situated on a lot of at least three acres in size.
(2)
Planned unit developments and multifamily dwellings.
(3)
Hospitals.
(4)
Schools.
(5)
Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
(6)
Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.
(7)
Uses that may attract massing birds, including landfills.
(8)
Above-grade major utility transmission lines and/or mains.
D.
Delineation of Airport Safety Area.
(1)
The Airport Safety Area shall consist of a runway subzone, two runway end subzones and two clear zones.
(2)
Runway subzone.
(a)
The runway subzone of the Airport Safety Area shall consist of a rectangle having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport.
(b)
The width of the runway subzone shall be 2,350 feet.
(c)
The exact length of the runway subzone shall be determined by one of the two following methods:
[1]
For most airports, the length of the runway subzone will be the same as the physical length of the runway.
[2]
If the physical end of the runway is closer than 200 feet to the property or easement line of the airport, as measured along the runway's extended center line, then the end of the runway subzone shall be defined by a line drawn perpendicular to the runway center line at a point of 200 feet inside the airport property or easement line. In this case a portion of the runway will extend beyond the bounds of the runway subzone.
(d)
The methodology used to delineate the runway subzone of the Airport Safety Area is illustrated in Figure 1.[1]
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(3)
Runway end subzones.
(a)
The runway end subzones of the Airport Safety Area shall consist of trapezoids located at either end of the runway subzone along the flight approach and departure path.
(b)
Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.
(4)
Clear zones.
(a)
The clear zones of an Airport Safety Area shall consist of trapezoids located within the runway end subzone along the flight approach and departure path.
(b)
Each clear zone shall extend 1,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.
(c)
The base of the clear zone shall be co-located with the end of the runway subzone and shall have a width of 250 feet. The width of the clear zone shall increase as the distance from the end of the runway safety zone increases. Its final width shall be 450 feet.
(d)
The methodology used to delineate the clear zone of the Airport Safety Area is illustrated in Figure 7.[4]
[4]
Editor's Note: Figure 7 is included as an attachment to this chapter.
E.
Vertical development (height) standards in Airport Safety Area for permitted uses.
(1)
Pursuant to N.J.A.C. 16:62-1.1 et seq., the following vertical (height) limits are established as maximum height limits for any vertical development, including any structure, road or tree or other object of natural growth, in the Airport Safety Area except where § 28-4.1 and this section shall establish lesser height restrictions. For purposes of this section, a public road shall be considered a fifteen-foot vertical development and a private road a ten-foot vertical development.
(2)
Vertical development standards are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For example, if a point in an Airport Safety Area permits at a specific point development up to "X" feet, that means "X" feet above the runway horizontal plane and not "X" feet above the natural grade of the land at that point in the Airport Safety Area. This provision is further graphically depicted in Figure 4.[5]
[5]
Editor's Note: Figure 4 is included as an attachment to this chapter.
(3)
The vertical standards within the runway subzone of an Airport Safety Area are determined first by establishing the elevations at the runway center lines at the ends of the runway subzone of the Airport Safety Area. From those elevations at the runway subzone ends, a line is run 90° outward from each side of the runway center line for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.
(a)
The vertical standards within the remainder of the runway subzone of an Airport Safety Area are determined by establishing planes from the edges of the longitudinal zero-foot development restriction line established in Subsection E(3) above which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of an Airport Safety Area at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line.
(b)
The methodology used to establish the vertical standards with the runway subzone of an Airport Safety Area is further graphically depicted in Figure 5.[6]
[6]
Editor's Note: Figure 5 is included as an attachment to this chapter.
(4)
The vertical standards within the runway end subzone of an Airport Safety Area are determined by first establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its length of 3,000 feet so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the runway end subzone at the elevation of 150 feet above its starting point at the zero-foot development line.
(a)
The vertical standards within the remainder of the runway end subzone of an Airport Safety Area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection E(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection E(4) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.
(b)
The methodology used to establish the vertical standards within the runway end subzone of an Airport Safety Area is further graphically depicted in Figure 6.[7]
[7]
Editor's Note: Figure 6 is included as an attachment to this chapter.
F.
Permit for creation or expansion of a land use or vertical height development within Airport Safety Area.
(1)
A developer of a project requiring creation or establishment of a prohibited land use or any vertical height development shall first apply for development approval from the governing body. If the governing body approves of the development, that approval shall be conditioned on the developer applying for and receiving a permit from the Commissioner of Transportation in accordance with the provisions of N.J.A.C. 16:62-1.1 et seq. Construction, development or creation of a prohibited land use or any vertical height development shall not commence until a permit has been issued by the Commissioner of Transportation.[8]
(2)
In review of an application, the appropriate municipal agency and the municipal governing body may take into consideration any factor relevant to the hardship demonstrated by the applicant and any information relevant to the public health, safety and welfare.
(3)
In acting upon such an application, the governing body shall consider the following standards:
(a)
The prohibited land use or vertical height development will not, in fact, create an additional airport hazard limiting the size of the area available for landing, taking off and maneuvering of aircraft.
(b)
The prohibited land use or vertical height development will not harm the public health, safety and welfare.
(4)
Upon receipt of an approved development application, the governing body shall make a determination to consider whether or not to authorize the issuance of a letter of concurrence, and upon adoption of an affirmative resolution therefor, the governing body shall direct that a letter be submitted to the Department of Transportation requesting permission for creation or expansion of a prohibited land use or vertical height development within the Airport Safety Area. Any favorable approval shall be strictly conditioned upon approval of the Commissioner of Transportation and subject to the standards and procedures prescribed in N.J.A.C. 16:62-1.1 et seq.
(5)
Any land use permitted and in existence prior to May 15, 1989, which is located within a clear zone, as delineated by N.J.A.C. 16:62-3.5, and not currently in conformance with the requirements of N.J.A.C. 16:62-1.1 et seq. shall be designated a preexisting nonconforming use, as defined by this chapter.
G.
Standards applicable to developments in the Airport Safety Area Overlay.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
(1)
A total combination of six trucks, tractors, tractors with attached trailers or containers are permitted to be parked and/or stored on a parcel. Overnight storage of more than a total of any combination of six trucks, tractors, tractors with attached trailers or containers shall only be permitted within an enclosed building. Under no circumstances shall a detached trailer or container be stored overnight outside of an enclosed building.
(2)
No loading area shall be located on the side of a building or structure facing any Borough street or federal or state highway. All loading areas shall be appropriately screened from view from any public right-of-way.
§ 28-4.5 Fences and walls.
[Added 9-21-2015 by Ord. No. 22-15, effective 10-11-2015]
A.
Permitted accessory structures. Fences and walls in excess of 18 inches in height shall constitute permitted accessory structures in all zones. Such fences and walls shall be subject to the standards set forth below.
B.
General requirements.
(1)
The finished side of every fence must face the property adjoining the lot on which the fence is erected.
(2)
No fence or wall shall be erected or maintained at height or in a location that would limit or restrict sight distance required for any street or driveway under the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., or any other regulation of the Borough of Lincoln Park, the County of Morris, or the State of New Jersey.
(3)
No fence may contain razor ribbon or barbed wire.
(4)
Electrified fences are prohibited.
(5)
No fence shall be constructed or maintained in any manner which creates an unreasonable risk of harm to persons or animals.
(6)
No fence or wall shall be erected or maintained closer than six inches to any property line.
(7)
Fences constructed above or on top of retaining walls shall be separated from the retaining wall below by a horizontal distance equal to the height of the retaining wall or the fence, whichever is greater. Fences and walls constructed in compliance with this spacing requirement shall be deemed to constitute separate structures for purposes of calculating height. Otherwise, such fences and walls shall be deemed to constitute one structure for purposes of height calculations. Fences less than 25% solid that do not exceed four feet in height shall be exempt from the requirements of this Subsection B(7).
C.
Fences and walls located closer to the street than the principal building.
(1)
No wall except a retaining wall shall be erected or maintained closer to a street line than the closest point of the principal building. Such retaining walls shall not exceed four feet in height.
(2)
Fences erected or maintained closer to a right-of-way than the closest point of the principal building shall not exceed four feet in height.
(3)
No fence which is 25% solid or more shall be erected or maintained closer to any street line than the principal building except for a decorative fence such as a picket fence.
D.
Fences and walls in side and rear yards.
(1)
No fence or wall erected or maintained in any side or rear yard shall have a height exceeding six feet, except that security fences in the side and/or rear yards of properties located in the I, TI, AI, and PI Zones shall be permitted to be up to eight feet in height.
(2)
Fences and walls erected in side and rear yards may be up to 100% solid.
E.
Fences or walls for swimming pools, hot tubs, and similar facilities. Swimming pools, hot tubs, and similar facilities shall be screened from all adjoining properties by a solid fence or wall as per Appendix G, Swimming pools, Spas and Hot Tubs, of the 2009 International Residential Code.
F.
Fencing for certain athletic facilities. The provisions of this section shall not apply to fences for athletic fields or tennis courts on public property or public or private school property.
G.
Zoning permit required. No fence or wall regulated by this section shall be erected, constructed, installed, altered, modified, enlarged or extended except in accordance with a zoning permit issued by the Zoning Officer.
§ 28-4.6 Home occupations. [1]
A.
Purpose. The regulations of this section dealing with home occupations are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.
B.
Authorization. Except as otherwise expressly provided or limited in this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation by the provisions of this section shall be determined by the Zoning Officer pursuant to his authority to interpret the provisions of this chapter.
C.
Definition. A home occupation is a business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.
D.
Certificate of occupancy required. No home occupation shall be established or maintained unless a certificate of occupancy evidencing the compliance of such home occupation with the provisions of this section and other applicable provisions of this chapter shall have first been issued in accordance with this chapter.
E.
Use limitations. In addition to all of the use limitations applicable in the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
(1)
Not more than one person who is not a resident on the premises shall be employed, and then only as a clerical assistant.
(2)
No more than 25% or 400 square feet of the floor area of the dwelling unit, whichever is less, shall be devoted to the home occupation.
(3)
No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.
(4)
No stock-in-trade shall be displayed or sold on the premises.
(5)
The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted private garage accessory thereto, and in no event shall such use be apparent from any public way.
(6)
No outside storage of materials, goods, supplies or equipment related to the operation of the home occupation shall be allowed.
(7)
Vehicles.
(a)
Not more than one vehicle used in commerce shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage at all times.
(b)
No commercial vehicle shall be used in connection with the home occupation for delivery of goods to or from the premises, nor parked on the property. This provision does not preclude the delivery of mail or packages by the postal service or by private or public shipping and courier services. Home occupations shall not generate more than an average of one truck delivery per day.
(8)
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.
(9)
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.
(10)
No sign, other than one unlighted sign not over one square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence or conduct of the home occupation.
F.
Particular home occupations permitted. Except as provided in Subsection G below, customary home occupations include all occupations which meet the purposes, standards and requirements of Subsections A through E of this section and, in particular, include, but are not necessarily limited to, the following list of examples:
(1)
Providing instruction to not more than two students at a time, except for occasional groups.
(2)
Day care of not more than six nonresident children.
(3)
Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors and members of similar professions.
(4)
Consultation or emergency treatment by a doctor or a dentist, but not the general practice of his profession.
(5)
Office facilities for ministers, priests and rabbis.
(6)
Office facilities for salesmen, sales representatives and manufacturers' representatives when no retail or wholesale sales are made or transacted on the premises.
(7)
Studio of an artist, photographer, craftsman, writer, composer or similar person.
(8)
Shop of a beautician, barber, hair stylist, dressmaker, tailor or similar person.
(9)
Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his disability.
(10)
The letting for hire by a resident owner of rooming units for residential use for a total of not more than two persons.
H.
Additional restrictions.
(1)
No use shall require internal or external construction features or the use of electrical, mechanical or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.
(2)
Any need for parking generated by the home occupation shall be off street and in the side or rear yard of the structure. The Zoning Officer shall determine the number of parking spaces required based on the parking provisions of this chapter.
(3)
No more than one home occupation per residence shall be allowed and it must be conducted by the occupant.
(4)
Home occupations that attract customers, clients or students to the premises shall not be allowed in multifamily dwelling units.
(5)
In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. or later than 9:00 p.m.
I.
Administrative procedures.
(1)
Registration required. All home occupations established, operated or maintained in the Borough of Lincoln Park are required to register with the Zoning Officer, as follows:
(a)
Existing home occupations. Within six months of the effective date of this provision all existing home occupations are required to register.
(b)
Registration forms. Applications to register a home occupation shall be on forms provided by the Zoning Officer.
(c)
Registration limited. Uses which do not meet the definition of a home occupation, as provided in Subsection C above, shall not be registered as a home occupation.
(d)
Failure to register. A failure to register as required in Subsection I(1)(a) above shall be deemed abandonment of any right to operate a nonconforming home occupation regardless of actual intent. Thereafter, that home occupation will be required to obtain a permit and treated as though it were a new home occupation.
(2)
Permits required. Prior to the establishment of a new home occupation after the effective date of this provision, the owner of the residential property shall apply for a permit from the Zoning Officer.
(a)
Application forms. Applications for a home occupation permit shall be on forms provided by the Zoning Officer.
(b)
Permits limited. Permits for home occupations are limited as follows:
[1]
Permits for home occupations shall be granted to a designated person who resides at the residential address.
[2]
Permits for home occupations are not transferable from person to person or from address to address.
[3]
Should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, the surviving spouse or child residing at the same address may continue the permit upon notice to and written authorization from the Zoning Officer.
[4]
In cases where an application is considered not to be in compliance with the home occupation performance standards, the application will be denied.
(c)
Revocation of permit. The Zoning Officer may revoke any home occupation permit for noncompliance with the criteria set forth in this section. If the permit is revoked, such home occupation use shall be terminated.
§ 28-4.7 Marijuana licensed businesses.
[Added 6-21-2021 by Ord. No. 5-21, effective 6-7-2021]
All 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] but not the delivery of cannabis items and related supplies by a delivery service, are prohibited.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.