Lincoln Park City Zoning Code
ARTICLE V
Residential Zones
§ 28-5.1 R-40 and R-20 Residential Zones.
Within the R-40 and R-20 Residential Zones, no premises, building or structure shall be used and no building or structure shall be erected or altered to be used in whole or in part for any other than the following purposes:
A.
Single-family dwelling used as a residence by not more than one family.
B.
Extended family dwelling. An extended family dwelling unit within an extended family dwelling shall have separate cooking, sleeping, and sanitary facilities from the principal dwelling unit. However, an extended family dwelling unit shall be subject to the following restrictions:
(1)
An extended family dwelling unit shall not exceed 550 square feet and shall not exceed one bedroom.
(2)
An extended family dwelling unit shall share a common unseparated entranceway and exit way with the principal dwelling unit.
(3)
An extended family dwelling unit shall share common utility meters with the principal dwelling unit.
(4)
An extended family dwelling unit shall not be permitted in an two-family house.
(5)
Home occupations and professional offices shall not be permitted in an extended family dwelling.
(6)
A building permit for an extended family dwelling shall require evidence of a recordation of a restrictive covenant, running with the land, prohibiting occupancy by two families unrelated by blood or marriage in any extended family dwelling.
D.
Professional offices. The use of a portion of a dwelling as a professional office shall be permitted, provided that such use shall be restricted to the first floor of the building and shall not exceed 25% of the total floor area of the building.
§ 28-5.2 R-10 Residential Zone.
§ 28-5.3 R-15 Residential Zone.
Within the R-15 Residential Zone, no premises, lot, building or structure shall be used and no building or structure shall be erected or altered to be used in whole or in part for any other than the following purposes:
B.
Special requirements for two-family dwellings.
(1)
Minimum lot size shall be 22,500 square feet.
(2)
Minimum floor area shall be a total of 1,750 square feet.
(3)
Each dwelling unit shall contain a minimum floor area of 650 square feet.
(4)
Professional offices shall not be permitted.
(5)
Each unit shall be supplied with two separate enclosed entrances and the front entrance shall not open upon a common hall or stairway. The following rooms shall be provided in each of the dwelling units: living room, kitchen-dining room, and one or more bedrooms and a bathroom. Each unit shall be supplied with a separate accessory storage area with individual access.
(6)
Two-family dwellings in new subdivisions of three acres or more shall be limited to 1/2 the total number of dwellings to be built.
§ 28-5.4 Requirements for all residential zones.
[Amended 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
A.
Accessory uses on the same lot and customarily incident to the permitted dwelling unit shall not include a business but may include:
(1)
Detached garage of capacity as follows:
(a)
R-10 and R-15 Zones: capacity not to exceed two automobiles and 12 feet in height and eight-foot door height.
(b)
R-20 and R-40 Zones: capacity not to exceed three automobiles and 12 feet in height and eight-foot door height.
(c)
All such detached buildings shall be located not less than 35 feet to the rear of the front line of any existing dwelling or, if no dwelling exists, 35 feet to the rear of the legal setback line.
(3)
Stands for the sale of farm or garden products raised on the premises, excepting, however, the sale of fowl or livestock. Stands shall be located at least 25 feet from any property line and said stand shall be of a temporary nature and removed from the front or side yard when not in use.
(4)
Garage sales. The sale of used personal household items, incidental to the residential premises upon which the sale is being conducted, provided that not more than two sales, having a duration of not more than two consecutive days each, shall be permitted in each calendar year.
B.
Off-street parking requirements for all residential zones.
(1)
R-10: two off-street parking spaces at least one of which shall be enclosed in a garage or carport; one space per extended family dwelling unit.
(2)
R-15: two off-street parking spaces per dwelling unit, one of which shall be enclosed in a garage or carport (four spaces for two-family dwelling); one off-street space per extended family dwelling unit (three spaces total).
(3)
R-20 and R-40: two off-street parking spaces per dwelling unit, one of which shall be enclosed in a garage or carport; one off-street parking space per extended family dwelling unit.
(4)
Professional office: one space for each 100 square feet of floor area or portion thereof used for such purposes.
(5)
Home occupation: one parking space additional to the two residential required if home occupation is engaged in at the residence.
(6)
All driveways and parking areas of new construction shall be surfaced with concrete, rock, crushed stone or bituminous pavement and shall be graded and drained of surface water as approved by the Borough Engineer or Construction Official.
§ 28-5.5 PRD I Planned Residential Development R-20.
A.
Single-family dwellings and extended family dwellings shall be permitted in the PRD I Zone in accordance with the standards applicable to the R-20 Zone.
B.
Planned residential development (PRD) option.
(1)
Purposes.
(a)
The purposes of this section shall be the following: to provide an optional method of development pursuant to and in accordance with the provisions of the Municipal Land Use Law[1] in order to provide standards and criteria that will encourage development resulting in a more efficient use of land and provision for public services to housing; to encourage innovations in residential development so that the growing demands of the population may be met by a greater variety and flexibility of housing density, design and type; to foster conservation and more efficient use of open space ancillary to residential development so that greater opportunities for better housing and conveniently located recreation may extend to all residents of this municipality; to reflect changes in the technology of land development so that resulting economics may inure to the benefit of those who need homes; to lessen the burden of traffic on streets and highways; and to conserve the value of the land.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(b)
The Borough recognizes that due to the nature of remaining developable lands within the Borough, development may further aggravate existing problem conditions involving such matters as traffic, flooding, drainage and potable water supply and may strain recreation and other municipal services. To ameliorate such problem conditions and to lessen the burden on municipal services, the Borough desires to provide a development option which offers an opportunity for the use of modern design, construction, technology and planning methods that will advance and promote sound growth and the general welfare of the municipality; strengthen and sustain its economic potentials; provide adequate, safe, efficient, economical municipal services and utilities; and establish appropriate patterns for the distribution of population in a variety of housing accommodations which are compatible with the modern way of life and coordinate with the protection and enhancement of natural beauty and resources and harmony with their surroundings, both within and without the Borough, and in order to provide for a variety of ancillary service activities, parks, playgrounds, recreational areas, parking and other open space in orderly relationship to each other and in conformity with the development of the Borough as a whole.
(2)
Permitted uses. Within the planned residential development, no premises, lot, building or structure shall be erected or altered to be used in whole or in part for any other than the following purposes:
(a)
One or more residential townhouse clusters. The election of the planned residential development (PRD) option shall exclude all other uses except as hereinafter provided.
(b)
Open spaces such as parks, preserves, recreation areas or facilities, tennis courts, golf courses, lakes, ponds, bikeways, playgrounds, swimming facilities, drainage or other ways and other similar uses along with structures and accessory features appurtenant thereto primarily for the benefit of the planned residential development.
(c)
The following signs shall be permitted:
[1]
Signs located on the premises of and at the entrance of a planned residential development. The total surface area of any such sign shall not exceed 32 square feet in surface area. No more than one sign shall be permitted per entrance.
[2]
Directional signs for the convenience of the residents to identify parking areas, rental offices, recreation areas, entrances and exits, which signs shall not exceed two square feet in surface area.
(d)
Professional offices, provided that:
[1]
There shall be not more than one professional office unit per building, provided that the total number of office units shall not exceed 5% of the total number of units in any planned residential development.
[2]
The use of a portion of a building as a professional office shall not exceed 25% of the total floor area of the building or shall not exceed the floor area equivalent to the smallest dwelling unit in the building, whichever is less.
[3]
The professional office shall be ancillary and contiguous to an adjacent dwelling unit occupied as a residence by the professional.
[4]
The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m.
[5]
There shall be one off-street parking space specifically provided and designated for each 100 square feet of floor area or portion thereof used for such purposes.
(e)
Accessory uses customarily incidental to the above permitted uses.
(3)
Density standards.
(a)
The overall density in a planned residential development shall be determined by the municipal agency based upon the following criteria, provided that such overall density shall not be in excess of eight dwelling units per acre of land within the Borough of Lincoln Park:
[1]
The proposed planned residential development shall not adversely affect the safe and reasonable use of surrounding properties.
[2]
The nature and extent of common open spaces appurtenant to the planned residential development are appropriate, reasonably related and sufficient to meet the needs of the residents of the development.
[3]
The planned residential development shall not adversely affect soil and topographic conditions, including the flood hazard areas.
[4]
The planned residential development, as proposed, shall directly connect to an adequate public water and sanitary sewer system.
[5]
The proposed planned residential development shall not generate a volume of traffic which will overburden roads and intersections thereof in the Borough or in adjacent municipalities.
[6]
The planned residential development shall not produce sewage flows exceeding the density capacity of the receiving sewer.
[7]
The proposed planned residential development shall not overburden public facilities and services, in general.
[8]
The planned residential development shall not affect the natural drainage so as to increase flooding conditions or degrade stream or groundwater quality.
[9]
The proposed planned residential development shall not have a substantial adverse impact on the natural wildlife habitat in the adjacent Commercial Recreation Zone.
[10]
The proposed planned residential development shall be economically feasible and related to the existing and future housing needs of the Borough.
(b)
The municipal agency shall consider the information and studies provided by the applicant and any experts or staff services that it may wish to employ, together with the information and studies as provided in accordance with Chapter 17, Land Development Review, Article XVI, § 17-16.3, of the Code of the Borough of Lincoln Park.
(4)
Parking requirements. There shall be off-street parking facilities for two automobiles for each dwelling unit. Each parking space shall consist of at least 180 square feet. A reasonable number of car shelters may be provided in conjunction with uncovered parking to lessen the amount of outside paved parking as may be appropriate in the particular case.
(5)
Height requirements. The height of any townhouse structure shall not exceed 32 feet. The maximum height of any community building shall be 35 feet.
(6)
Common open space. The percentages of common open space shall be determined by the municipal agency prior to any approval based upon the following criteria, provided that such percentage of common open space shall not be less than 50% of the total planned residential development area:
(a)
Consideration thereof shall be given in establishing the density requirement as part of the negotiation process with the developer, and the municipal agency may in its discretion consider the existence of commonly owned and contiguous land in an adjoining municipality dedicated to common open space by covenant, deed restriction or grants, easements, or other reservations of record not to exceed, however, 50% of the required minimum.
(b)
The areas required for common open space shall not include areas designated as sidewalks, roads, drives, paved parking areas, required front yard and those side yards as established by the municipal agency.
(7)
Area requirements. All planned residential developments shall have a contiguous area within the Borough of not less than 50 acres.
§ 28-5.6 PRD II Planned Residential Development II.
A.
Purposes.
(1)
The PRD II Zone is patterned in its purpose after the PRD I Zone. Reduced minimum lot sizes are authorized to provide incentive for creative land use in development of smaller parcels of land. The provisions of § 28-5.5B(1), Purposes, are incorporated herein by reference.
(2)
The municipal agency shall consider the information and studies provided by the applicant and consultant expert and staff services, together with the information and studies provided in accordance with Chapter 17, Land Development Review, Article XVI, § 17-16.3, of the Code of the Borough of Lincoln Park.
B.
C.
General requirements.
(1)
The minimum lot size for development shall be five acres.
(2)
The gross density shall not exceed eight dwelling units per acre.
(3)
In the case of development where the individual units are to be offered for sale, all common open space may be offered for dedication to and accepted by the Borough or shall be placed in an open space organization pursuant to Article XV of Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park.
(4)
An overall theme of design and architecture shall be utilized within every development for the purpose of presenting an aesthetically desirable effect. Development shall provide varied building elevations, design and structural appearance.
(5)
Each dwelling unit shall have direct access to a privilege patio or deck area.
D.
Dimensional requirements.
(1)
There shall be a minimum frontage of 200 feet for PRD II development fronting upon an accepted public street, improved to the street standards and specifications of the Borough.
(2)
No structure shall be closer than 50 feet to any development boundary line.
(3)
The minimum width of a dwelling unit shall be 20 feet.
(4)
The minimum yard requirement for a principal building in the PRD II Zone shall be a front yard of 100 feet, a side yard of 30 feet and a rear yard of 50 feet. For an accessory building in the PRD II Zone the minimum requirements shall be a side yard of 25 feet and a rear yard of 25 feet. No building shall be located closer than 25 feet to any internal parking area or drive.[1]
(5)
Not more than eight dwelling units shall be contained within any one building. Connections by architectural elements and covered walkways are permitted and shall not be considered contrary to this limitation.
(6)
The front facade of any building shall not continue on the same plane for a distance of more than the width of two adjacent dwelling units or 40 feet.
(7)
The minimum distance between buildings shall be determined by the municipal agency, pursuant to § 28-6.7 of this chapter.
(8)
The maximum height of any building shall be 32 feet.
(9)
The minimum usable floor area of a one-bedroom unit shall be 600 square feet. The minimum usable floor area of a two-bedroom unit shall be 900 square feet. The minimum usable floor area of a three-bedroom unit shall be 1,200 square feet.
(10)
No garage, cellar or storage area shall be counted towards meeting the minimum floor area requirements for dwelling units.
(11)
Each unit may include a garage or carport.
(12)
Thirty-two square feet of storage space shall be provided in the building for each unit. This shall be in addition to any closet space within the units.
E.
Parking and circulation.
(1)
Each development of eight or more acres, or smaller developments with frontages on two existing streets, shall be provided with at least two access roads as means of traffic ingress and egress to the development. Said roads shall not be less than 200 feet apart.
(2)
Points of ingress and egress shall not be located within 200 feet of an existing intersection or road condition deemed hazardous.
(3)
All streets and roads shall contain curb. Sidewalks may be required at the discretion of the municipal agency.
(4)
A minimum of two paved off-street spaces shall be provided for each dwelling unit. Each space shall be a minimum of nine feet by 20 feet and clearly delineated. An area shall be designated and set aside for expansion of off-street parking. The agency may require an area to be set aside for optional separate garage structures having design and construction materials in conformity with dwelling structures. There shall be no parking in the front yard setback.
(5)
Garage spaces, if provided, shall count toward the off-street parking requirements.
(6)
Lighting shall be provided to minimize hazards to pedestrians and motor vehicles along streets, roads and driveways, in parking areas near exterior and interior dwelling entrances and along pedestrian walks.
(7)
All streets and drives shall be built to the standards of the Borough of Lincoln Park for minor streets and such drives and streets may be dedicated to the Borough. Two-way streets shall have a forty-foot right-of-way and 30 feet of pavement; one-way streets shall have a thirty-foot right-of-way and 20 feet of pavement. Setbacks shall be measured from the curbline but not the right-of-way line.
F.
Utilities and services.
(1)
Every dwelling unit shall be served by public water and public sanitary sewer which shall be installed by and at the expense of the developer. In addition, the developer shall install, at his own expense, internal roads, public streets, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants and any other improvements, such as drainage facilities, as required in accordance with the standards and ordinances of the Borough of Lincoln Park.
(2)
All utilities within a development shall be installed underground.
(3)
In the event common refuse pickup areas are provided, they shall be located for the occupants' convenience. All such areas shall be screened with evergreens on three sides and planted to the height of at least four feet.
G.
Landscaping and screening.
(1)
All developments shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walks shall be provided with shade trees which are at least a minimum size and character in accordance with the recommendations of the Shade Tree Committee of the Borough.
(2)
Disturbed open space adjacent to buildings, malls between buildings intended for utilization by residents and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or planted with trees and shrubs or any combination thereof. Areas not used for buildings, terraces, drives, parking spaces and other disturbed areas shall be seeded, landscaped, and maintained in a proper condition. These areas shall be placed in a common open space organization plan, pursuant to Article XV of Chapter 17, Land Development Review.
(3)
Not less than two exterior exposures shall be permitted for each unit, each of which shall be properly pierced so as to provide through ventilation or cross ventilation for each unit.
(4)
Television antenna equipment shall be built into the building to eliminate individual antennas being erected upon the roof. This subsection shall not apply to a common antenna tower, provided that such tower receives all required municipal approvals.
(5)
Built-in air-conditioning units shall not project more than two inches from the face of the wall of the building in which they are installed.
(6)
Where necessary to shield occupants and adjoining properties from unsightly, disturbing or light-glaring areas, screening or buffers consisting of a solid evergreen hedge at least five feet tall at planting shall be installed. A fence consisting of solid wood or decorative masonry shall be required around outdoor utilities (and other similar areas) and along developed property lines. Along parking areas, natural landscaping buffers and wood fences shall be required in lieu of masonry.
(7)
The developer shall furnish, together with the plans and specifications required under Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park, landscaping plans drawn by a licensed professional, indicating landscaping intended for the development as well as plans for lighting the grounds, roads, drives, walks, parking areas, and building entrances. Additional plans shall show contours, drainage areas, streams, wooded areas and any other natural features of the land in a natural state before development proposals.
(8)
The owner shall provide for maintenance of medial grass strips or other landscaped common areas.
(9)
There shall be a buffer strip of at least 25 feet in width on all lot lines adjoining zone district lines and on all lot lines adjoining existing improved residential property. No buffer shall be required where such lot line borders a public street. All such buffer strips, if wooded, shall remain in their natural state or otherwise planted with a landscaped visual screen at least six feet in height.
(10)
Maximum impervious surface shall not exceed 50%.
§ 28-5.7 Temporary storage structures or units.
[Added 8-16-2021 by Ord. No. 9-21, effective 9-6-2021]
A.
General requirements. The following shall apply to a temporary storage structure or temporary storage structure unit to be located upon residential private property:
(1)
The internal area shall be limited to a size of not less than 392 cubic feet (seven feet by seven feet by eight feet) and not greater than 1,024 cubic feet (16 feet by eight feet by eight feet).
(2)
The temporary storage structure or unit shall not contain advertising or other writing, except to identify the manufacturer or owner of the temporary storage structure or unit.
(3)
No more than two temporary storage structures or units shall be located on a single parcel of private property.
(4)
At the time of application to the Zoning Officer for a zoning permit for a temporary storage structure or unit, the applicant shall provide a survey of the property. The Zoning Officer shall mark the survey with the location the temporary storage structure unit is to be placed.
(5)
A temporary storage structure unit may be placed on private residential property only after a ten-day zoning permit is issued by the Zoning Officer to the owner of such property. No fee shall be required for issuance of an initial ten-day zoning permit.
(6)
Should a period longer than 10 days be requested by the property owner, a temporary storage structure or unit shall be permitted to be placed and remain on the said private property, provided that:
(a)
A zoning permit extension application is submitted to the Zoning Officer prior to the expiration of the initial ten-day period.
(c)
The permitted temporary storage structure or unit shall not remain on such private property after the expiration of 90 consecutive days unless a further extension zoning permit shall be applied for and issued prior to the said expiration.
(7)
In no event shall a temporary storage structure or unit remain on private residential property for any period beyond 180 consecutive days from the date of issuance of the initial permit.
(8)
Permit requests for temporary storage structures or units on properties not owned by the applicant shall be accompanied by an original written consent of the owner, landlord or governing body of a tenant/condominium association. This consent shall specify a requested location on the property and the requested duration.
B.
Where located.
(1)
A temporary storage structure or unit is prohibited from being located within a public right-of-way or in the front yard of a private property except as may be approved otherwise by the Zoning Officer. No temporary storage structure shall obstruct the visibility or free flow of pedestrian or vehicular traffic.
(2)
A temporary storage structure or unit shall be located in a driveway or other property location at the furthest point from the street. It shall be placed on the paved, off-street surfaces of the property where such exist.
(3)
The Zoning Officer shall determine the location on the private property where the temporary storage structure unit shall be located. The Zoning Officer's determination shall be guided by due consideration for accessibility and safety.
C.
Required permit fees. The zoning permit extension application for any period following the expiration of the initial ten-day period shall be accompanied by a permit fee as follows:
D.
Enforcement; violations and penalties.
(1)
The owner of private property within the Borough of Lincoln Park upon which any temporary storage structure or unit is located without the prior approval of the Zoning Officer required pursuant to this section shall be subject to the penalties set forth below.
(2)
The Zoning Officer, Fire Prevention Officer and the Police Department shall be responsible for enforcing the provisions of this section.
(3)
Any temporary storage structure or unit not in compliance with this section is and shall be declared to be a public nuisance and may be abated by the Borough at the expense of the owner of the private property, the owner of the temporary storage structure or unit or other person or legal entity deemed responsible.
(4)
The owner of the private property, the owner of the temporary storage structure or unit or other person or legal entity deemed responsible for a temporary storage unit not removed within five days after the date of a written notice of violation issued under this section shall be subject to a summons to the Municipal Court of the Borough and a fine.
(5)
The fine to be determined under this section is as follows: Failure to obtain the necessary permit or maintaining a temporary storage structure or unit on the property beyond the maximum limit of 180 days will result in a fine up to $100 per day, per violation, beginning on the sixth day after issuance of a notice of violation.