Middlesex City Zoning Code
ARTICLE VI
District Regulations
§ 420-41 R-100 Single-Family Residential District.
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 420-59 are complied with:
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
§ 420-42 R-75 Single-Family Residential District.
A.
Permitted principal uses. No building, structure or premises shall be used, and no building or structure shall be erected or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings: same as prescribed in § 420-41B for the R-100 Residential District.
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
For existing residential lots which have insufficient lot frontage as of the effective date of this chapter, side yard requirements shall be reduced proportionately in accordance with the reduction in lot width.
(3)
Nurseries and commercial greenhouses shall comply with the following requirements:
§ 420-43 R-60A Single-Family Residential District.
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings: same as prescribed in § 420-41B for the R-100 Residential District.
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
For existing residential lots which have insufficient frontage as of the effective date of this chapter, side yard requirements shall be reduced proportionately in accordance with the reduction in lot width.
(2)
Churches and other places of worship shall comply with the bulk regulations prescribed in § 420-42D(2) for the R-75 Residential District.
§ 420-44 R-60B Single-Family and Two-Family Residential District.
[Amended 6-23-1998 by Ord. No. 1432; 6-11-2019 by Ord. No. 1964; 4-26-2022 by Ord. No. 2056]
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings: same as prescribed in § 420-41B for the R-100 Residential District.
D.
Height, area and yard requirements. As speciried in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
For existing residential lots which have insufficient frontage as of the effective date of this chapter, side yard requirements shall be reduced proportionately in accordance with the reduction in lot width.
(2)
Churches and other places of worship shall comply with the bulk regulations prescribed in § 420-42D(2) for the R-75 Residential District.
E.
Off-street parking requirements: as specified in Chapter 248, Land Development, or any amendments thereto.
G.
(Reserved)
§ 420-45 R-50 Single-Family Residential District.
A.
Permitted principal uses. No building or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings. The same accessory uses and buildings as prescribed in § 420-41B for the R-100 Residential District are permitted.
C.
Conditional uses. The same conditional uses as prescribed in § 420-41C for the R-100 Residential District are permitted.
D.
Height, area and yard requirements. The same area and yard requirements as specified in the schedule of district regulations, § 420-6, except as hereinafter provided:
(1)
In order to provide the design flexibility necessary to allow for the preservation of environmentally sensitive lands which are subject to flooding on a recurring basis, single-family detached homes may be clustered in the R-50 Single-Family Residential Zone subject to one of the following provisions:
(a)
Variable lot size provision. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that not more than 50% of the lots may have lot areas and lot widths of not less than 80% of that generally required in the zone, provided that the following conditions are met:
[1]
The remainder of the lots are increased in area so that the average lot size will not be less than 7,500 square feet.
[2]
The Planning Board, in passing on such plats, shall consider the physical characteristics of the land, including the topography of the land and the sensitivity of lands subject to flooding on a recurring basis, in order to determine whether such variation in lot size will provide a better layout of the subdivision and a better use of the land for building sites than would a conventional subdivision with uniform lot size.
[3]
In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built upon lands located outside of a designated floodway if such development had proceeded on the basis of lot size and lot width requirements specified in § 420-6.
[4]
The rear yard may be reduced by an amount equal to the percent reduction of the lot depth, but in no event shall the rear yard be less than 15 feet.
(b)
Open space cluster. The Planning Board may approve a subdivision where all residential lots are reduced in area to no less than 80% of that required in the zone, provided that the following conditions are met:
[1]
In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built upon lands located outside of a designated floodway if such development had proceeded on the basis of lot size and lot width requirements specified in § 420-6.
(2)
Bulk regulations concerning minimum lot width and yard areas are reduced proportionately to the individual reductions in lot size.
(3)
The remainder of lands left in an undeveloped state shall either be dedicated to the Borough as open space or maintained by a homeowners' association, which shall have appropriate provisions in its bylaws to prohibit the use of undeveloped lands for any construction other than for recreation purposes without a unanimous vote of its full membership. The Planning Board shall condition final approval upon acceptance of such land by the Borough Council or upon establishment of a homeowners' association, as the case may be.
§ 420-46 RC-1 Single-Family Residential Cluster District.
[Added 6-29-1993 by Ord. No. 1285; amended 11-29-1994 by Ord. No. 1331]
B.
Permitted accessory uses and buildings: the same as prescribed in § 420-41B for the R-100 Residential District.
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
In order to provide the design flexibility necessary to allow for the preservation of environmentally sensitive lands which are subject to flooding on a recurring basis, single-family detached homes may be clustered in the RC-1 Single-Family Residential Cluster Zone, subject to one of the following provisions:
(a)
Variable lot size provision. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that not more than 50% of the lots may have lot areas and lot widths of not less than 80% of that generally required in the zone, provided that the following conditions are met:
[1]
The remainder of the lots are increased in area so that the average lot size will not be less than 7,500 square feet.
[2]
The Planning Board, in passing on such plats, shall consider the physical characteristics of the land, including the topography of the land and the sensitivity of lands subject to flooding on a recurring basis, in order to determine whether such variation in lot size will provide a better layout of the subdivision and a better use of the land for building sites than would a conventional subdivision with uniform lot size.
[3]
In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built upon lands located outside of a designated floodway if such development had proceeded on the basis of lot size and lot width requirements specified in § 420-6.
[4]
The rear yard may be reduced by an amount equal to the percent reduction of the lot depth but in no event shall the rear yard be less than 15 feet.
(b)
Open space cluster. The Planning Board may approve a subdivision where all residential lots are reduced in area to no less than 80% of that required in the zone, provided that the following conditions are met:
[1]
In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built upon lands located outside of a designated floodway if such development had proceeded on the basis of lot size and lot width requirements specified in § 420-6.
[2]
Bulk regulations concerning minimum lot width and yard areas are reduced proportionately to the individual reductions in lot size.
[3]
The remainder of lands left in an undeveloped state shall either be dedicated to the Borough as open space or maintained by a homeowners association, which shall have appropriate provisions in its bylaws to prohibit the use of undeveloped lands for any construction other than for recreation purposes without a unanimous vote of its full membership. The Planning Board shall condition final approval upon acceptance of such land by the Borough Council or upon establishment of a homeowners association, as the case may be.
§ 420-47 RC-2 Attached Residential Cluster District.
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings: same as prescribed in § 420-41B for the R-100 Residential District.
D.
Height, area and yard requirements. As specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
Lot configuration, lot sizes and dimensions may be freely disposed and arranged for attached housing units, provided that in no event shall the density of development exceed the exact number of units that would have been permitted to be built if such development had proceeded on the basis of lot size requirements specified for single-family dwellings in § 420-6.
§ 420-48 R-4 Multifamily Residential District.
A.
Permitted principal uses. No building, structure or premise shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
(1)
Garden apartments, subject to the design standards established in § 420-48D(1).
(2)
Community residences.
[Added 6-23-1998 by Ord. No. 1432]
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 420-59 are complied with:
(1)
Community residences for the placement of more than six but fewer than 16 mentally or physically handicapped persons, excluding resident staff.
D.
Height, area and yard requirements: As specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
Garden apartment development shall comply with the following design guidelines:
(a)
All electrical and telephone conduits shall be placed underground as detailed in the tariffs filed by the supplying utility.
(b)
There shall be one central antenna in each building for use of the occupants therein.
(c)
Fifty square feet of recreation area shall be provided for each dwelling unit.
(d)
No structure shall be so designed or so located in the project site that the distance from any window of any room used for human habitation shall be less than 50 feet from another window on a separate building.
(e)
There shall be no more than 16 dwelling units per acre.
(f)
No separate freestanding building shall be closer than 30 feet to any other building on the site.
(g)
Basement apartments are prohibited.
(h)
All staircases shall be interior.
(i)
At least two washers and two dryers shall be provided for each 16 units, to be installed in a designated utility area. Such area shall be equipped with a sink and toilet and shall be properly heated, lighted and ventilated. Outside drying facilities are prohibited.
§ 420-49 R-T Residential - Transition District.
A.
Permitted principal uses. No building, structure or premise shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including but not limited to those specified below, shall be permitted:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 420-59 are complied with:
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(2)
Nurseries and commercial greenhouses shall comply with the bulk regulations prescribed in § 420-42D(3) for the R-75 Residential District.
(3)
Where a proposed nonresidential use abuts a residential zone, including the R-T Zone, or a lot developed for a residential use, an eight-foot-wide buffer strip, designed in accordance with the requirements of § 420-63, shall be provided in all rear or side yards which abut said residential use. However, no buffer shall be required between nonresidential uses in the R-T Residential - Transition District. No street or right-of-way shall be considered in place of a required buffer strip.
[Amended 6-29-1993 by Ord. No. 1285]
§ 420-50 AR-1 Attached Residential District.
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings: same as prescribed in § 420-48B for the R-4 Multifamily Residential District.
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 420-59 are complied with:
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided.
(1)
Townhouse developments, as defined in this chapter, shall comply with the following design standards:
(a)
Minimum tract size: 12 acres.
(b)
Maximum density per acre: 6.5 dwelling units per gross acre and 12 units per buildable acre. Buildable acres shall be that acreage which lies outside of the stream encroachment line proposed on the development plan and approved by the New Jersey Department of Environmental Protection.
(c)
Affordable housing requirement. In order to provide for housing units which are affordable by moderate-income households, a minimum of six units per acre or maximum 20% of the total unit count shall be set aside as affordable housing.
[Amended 6-29-1993 by Ord. No. 1285]
(d)
Minimum setback distance from roadways. All buildings shall be set back 75 feet from Route 28 and 30 feet from all existing or proposed Borough roads. The minimum setback from all proposed private internal roads shall be 20 feet, measured from the edge of the pavement to the building.
(e)
Minimum setback distance from adjacent property: 40 feet from adjacent residentially zoned or developed properties, 20 feet from adjacent nonresidential uses.
(f)
Buffer requirements: A twenty-foot buffer strip, landscaped in accordance with the requirements of § 420-63 in order to provide an appropriate visual screen, shall be required along any property line abutting a lot either developed or zoned for residential or commercial use.
(g)
Minimum distance between buildings: 20 feet.
(h)
Maximum coverage by principal building: 25% of the site.
(i)
Maximum coverage by impervious surfaces (including building coverage): 60%.
(j)
Maximum building height: two stories or 35 feet.
(k)
Minimum number of units per structure: two.
(l)
Maximum number of units per structure: six.
(m)
Variation in setback. No structure shall have more than two continuous attached dwelling units with the same front and/or rear building line. The variations shall be a minimum of four feet in such front and/or rear building line.
(n)
Lot configuration. Lot sizes and dimensions may be freely disposed and arranged in conformity with the overall density standards herein and in accordance with good planning practices.
(o)
Roadway standards. Dedicated streets shall be subject to Borough standards. Right-of-way and pavement widths for private internal roads serving the development shall be in accordance with sound planning and engineering standards based upon the traffic anticipated to be generated by the development. Such design shall be adequate to accommodate maximum anticipated traffic, parking and loading needs, as well as access of Borough fire-fighting vehicles. The Planning Board may require the adequacy of said design to be certified thereto by a competent traffic expert. A roadway design report shall also be required.
(p)
Utilities connections. In the design of all necessary storm drainage, water and sanitary sewerage facilities, reasonable provision shall be made for interconnection with existing facilities in the area where deemed appropriate by the Planning Board. In addition, all utility lines and accessory appurtenances, including but not limited to, electric distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way.
(q)
Prohibited parking. Off-street parking areas shall not be located within 30 feet of an adjoining property which is either developed or zoned for residential use.
(r)
Minimum number of off-street parking spaces per unit: 2.25 spaces per unit.
(s)
Proximity of parking: Off-street parking spaces shall be located within reasonable distance of the building which they are intended to serve.
(t)
Restriction on parking lot sizes. In any project where more than 60 open parking spaces are provided together in a parking area, said parking area shall be divided into sections, each not exceeding 60 open parking spaces, and such sections shall be separated by grassed or landscaped areas a minimum of five feet in width.
(u)
Maintenance of undeveloped areas. As a condition of approval, the developer must make adequate provision to ensure the private maintenance of all developed and undeveloped areas, either by dedication to the Borough, if required by the Planning Board, or by the creation of a homeowners' association which shall comply with the requirements of N.J.S.A. 40:55D-43. The Planning Board shall condition final approval upon acceptance of such land by the Borough Council or upon establishment of a homeowners' association, as the case may be.
(2)
Nurseries and commercial greenhouses shall comply with the bulk regulations prescribed in § 420-42D(3) for the R-75 Residential District, except that the minimum lot area shall be five acres.
(3)
Detached single-family dwellings shall comply with the following design standards:
[Added 3-12-1996 by Ord. No. 1366]
(a)
Lot configuration, lot sizes and dimensions may be freely disposed and arranged in conformity with the overall density standards herein and in accordance with good planning practices.
(b)
Off-street parking requirements for single-family detached dwellings shall be serviced by not less than two parking spaces per dwelling unit, including at least one garage space and one garage apron space.
(c)
Roadway standards. Dedicated streets shall be subject to Borough standards. Right-of-way and pavement widths for all public streets shall conform to Borough standards for such public streets. Such designs shall be adequate to accommodate maximum anticipated traffic and parking requirements as well as access by Borough fire-fighting vehicles.
§ 420-51 AR-2 Attached Residential District.
C.
Conditional uses: none.
D.
Height, area and yard requirements. Townhouse developments, as defined in this chapter, shall comply with the following design standards:
(1)
Minimum tract size: 12 acres.
(2)
Maximum gross density: eight dwelling units per acre.
(3)
Minimum setback distance from roadways. All buildings shall be set back 50 feet from Mountain Avenue and Marlborough Avenue and 30 feet from all other existing or proposed Borough roads. The minimum setback from all proposed private internal roads shall be 20 feet, measured from the edge of pavement to the building.
(4)
Minimum setbacks from adjacent property: 50 feet from adjacent residentially zoned or developed properties.
(5)
Buffer requirements. A twenty-foot buffer strip, landscaped in accordance with the requirements of § 420-63 in order to provide an appropriate visual screen, shall be required along any property line abutting a lot either developed or zoned for residential use.
(6)
Maximum distance between buildings: 25 feet.
(7)
Maximum coverage by principal building: 25% of the site.
(8)
Maximum coverage by impervious surfaces: 60%.
(9)
Maximum building height: two stories or 35 feet.
(10)
Minimum number of units per structure: two.
(11)
Maximum number of units per structure: six.
(12)
Variation in setback. No structure shall have more than two continuous attached dwelling units with the same front and rear building line. The variations shall be a minimum of four feet in such front and rear building lines.
(13)
Lot configuration. Lot sizes and dimensions may be freely disposed and arranged in conformity with the overall density standards herein and in accordance with good planning practices.
(14)
Utilities interconnections. In the design of all necessary storm drainage, water and sanitary sewerage facilities, reasonable provision shall be made for interconnection with existing facilities in the area where deemed appropriate by the Planning Board. In addition, all utility lines and accessory appurtenances, including but not limited to electric distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way.
(15)
Prohibited parking. Off-street parking areas for overflow parking shall not be located within 30 feet of an adjoining property which is either developed or zoned for residential use.
(16)
Minimum number of off-street parking spaces per unit: 2.25 spaces per unit, and each unit shall have an attached one-car garage.
(17)
Maintenance of undeveloped areas. As a condition of approval, the developer must make adequate provision to ensure the private maintenance of all developed and undeveloped areas, either by dedication to the Borough, if required by the Planning Board, or by the creation of a homeowner's association which shall comply with the requirements of N.J.S.A. 40:55D-43. The Planning Board shall condition final approval upon acceptance of such land by the Borough Council or upon establishment of a homeowner's association, as the case may be.
§ 420-52 AR-3 Attached Residential District.
C.
Conditional uses: none.
D.
Height, area and yard requirements. Townhouse and apartment-style condominium developments, as defined in this chapter, shall comply with the following design standards:
(1)
Minimum tract: 3.5 acres.
(2)
Maximum gross density: eight dwelling units per acre for townhouse development and 10 units per acre for apartment-style condominium development.
(3)
Affordable housing requirement. In order to provide for housing units which are affordable by moderate-income households, a minimum of six units per acre or maximum 20% of the total unit count shall be set aside as affordable housing. (There should be appropriate guidelines for preserving and controlling the price on the units.)
[Amended 6-29-1993 by Ord. No. 1285]
(4)
Minimum setback distance from roadways and railroad rights-of-way. All buildings shall be set back 30 feet from all existing and proposed Borough roads and 75 feet from the railroad right-of-way. The minimum setback from all proposed private internal roads shall be 20 feet, measured from the edge of the pavement to the building.
(5)
Minimum setbacks from adjacent property: 40 feet from adjacent residentially zoned or developed properties, 20 feet from adjacent nonresidential uses.
(6)
Buffer requirements: A fifty-foot buffer strip in accordance with the requirements of § 420-63 and/or an earth berm shall be required along the property line abutting the railroad right-of-way. A twenty-foot landscaped buffer strip shall be required along all other property lines with the exception of the westerly property line which abuts lands designated for conservation purposes.
(7)
Minimum distance between buildings: 20 feet.
(8)
Maximum coverage by principal building: 25% of the site.
(9)
Maximum coverage by impervious surface (including building coverage): 60%.
(10)
Maximum building height: two stories or 35 feet.
(11)
Minimum number of units per structure: two.
(12)
Maximum number of units per structure: eight.
(13)
Variation setback. No structure shall have more than two continuous attached dwelling units with the same front and rear building line. The variations shall be a minimum of two feet in such front and rear building lines.
(14)
Lot configuration. Lot sizes and dimensions may be freely disposed and arranged in conformity with the overall density standards herein and in accordance with good planning practices.
(15)
Roadway standards. Dedicated streets shall be subject to Borough standards. Right-of-way and pavement widths for private internal roads serving the development shall be in accordance with sound planning and engineering standards based upon the traffic to be generated by the development. Such design shall be adequate to accommodate maximum anticipated traffic, parking and loading needs, as well as access of Borough fire-fighting vehicles. The Planning Board may require the adequacy of said design to be certified thereto by a competent traffic expert.
(16)
Utilities interconnections. In the design of all necessary storm drainage, water and sanitary sewerage facilities, reasonable provision shall be made for interconnection with existing facilities in the area where deemed appropriate by the Planning Board. In addition, all utility lines and accessory appurtenances, including but not limited to electric distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way.
(17)
Prohibited parking. Off-street parking areas shall not be located within 30 feet of an adjoining property which is either developed or zoned for residential use.
(18)
Minimum number of off-street parking spaces per unit: 2.25 spaces per unit.
(19)
Proximity of parking. Off-street parking spaces shall be located within reasonable distance of the building which they are intended to serve.
(20)
Maintenance of undeveloped areas. As a condition of approval, the developer must make adequate provision to ensure the private maintenance of all developed and undeveloped areas, either by dedication to the Borough, if required by the Planning Board, or by the creation of a homeowners' association which shall comply with the requirements of N.J.S.A. 40:55D-43. The Planning Board shall condition final approval upon acceptance of such land by the Borough Council or upon establishment of a homeowners' association, as the case may be.
§ 420-53 SCR Senior Citizen Residential District.
C.
Conditional uses: none.
D.
Height, area and yard requirements. A senior citizen housing development shall comply with the following design standards:
(1)
Minimum tract size: 3.5 acres.
(2)
Maximum gross density: 50 dwelling units per acre.
(3)
Minimum setback from all Borough and private roads: 50 feet.
(4)
Minimum setback from all property lines: 30 feet, plus five feet for each story.
(5)
Maximum building coverage: 25%.
(6)
Maximum coverage by impervious surfaces: 60%, including building coverage.
(7)
Maximum building height: eight stories or 90 feet.
(8)
Minimum number of off-street parking spaces per unit. Off-street parking shall be provided in an amount equal to 30% of the total units.
(9)
Prohibited parking. Off-street parking areas shall not be located within 30 feet of an adjoining property which is either developed or zoned for residential use.
(10)
Restriction of parking lot size. If more than 40 open parking spaces are provided together in a parking area, said parking area shall be divided into sections, each not exceeding 40 open parking spaces, and such sections shall be separated by grassed or landscaped areas as deemed appropriate by the Planning Board.
(11)
Passive recreation space. Adequate provision shall be made for passive recreation space, such as sitting areas and garden and walking trails, taking into consideration the projected number of residents, as well as the number of handicapped residents with special needs.
§ 420-54 G-B General Business District.
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
(1)
Retail shopping facilities and service establishments where commodities are sold or services provided primarily for a local market, such as:
(a)
Grocery stores.
(b)
Bakeries.
(c)
Delicatessens.
(d)
Drug stores.
(e)
Beauty parlors.
(f)
Dry-cleaning establishments.
(g)
Garden and flower shops.
(h)
Studios for instruction in art, music, dancing, etc.
(i)
Clothing stores.
(j)
Establishments where massage is offered only when in conjunction with other licensed medical or licensed beautification services.
[Added 10-28-2014 by Ord. No. 1864]
(3)
Professional and general business offices.
(4)
Banks.
(6)
Full-service restaurants.
B.
Permitted accessory uses and buildings. Uses and buildings incidental to the conduct and operation of the principal use shall be permitted.
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 420-59 are complied with:
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
No front yard setback shall be required on any structure in existence as of the time of adoption of this chapter.
(2)
Where a proposed nonresidential use abuts said residential use or a lot which was developed for a residential use prior to the initiation of the nonresidential use on the subject property, an eight-foot-wide buffer strip, designed in accordance with the requirements of § 420-63, shall be provided in all rear or side yards which abut said residential use. A street right-of-way shall not be considered in place of a required buffer strip.
[Amended 6-29-1993 by Ord. No. 1285]
§ 420-55 CLW Commercial/Light Manufacturing/Wholesale District.
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
(2)
Warehousing and storage buildings, except for bulk storage of hazardous materials.
(3)
Wholesale operations.
(4)
Public utility activities of an industrial character, such as bus repair and maintenance yards, storage facilities, depots and stations.
(5)
Activities of an industrial nature which deal primarily with light assembly from finished products, fabrication and packaging of goods that will not result in any nuisance or hazard beyond the limits of the lot occupied by such activity.
(6)
Metalworking, machine welding and machine shops.
(7)
Printing and publishing establishments.
(8)
Research institutions and laboratories for scientific or industrial research, testing, experimentation and product development.
B.
Accessory uses and buildings. Uses and buildings incidental to the conduct and operation of the principal use shall be permitted.
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
No side or rear yard shall be required along property lines which abut a railroad right-of-way.
(2)
Where a proposed nonresidential use abuts a residential zone, including the R-T Zone, or a lot developed for a residential use, a thirty-foot-wide buffer strip, designed in accordance with the requirements of § 420-63, shall be provided in all rear or side yards which abut said residential use. However, no buffer shall be required between nonresidential uses in the R-T Residential - Transition District. A street right-of-way shall not be considered in place of a required buffer strip.
[Amended 6-29-1993 by Ord. No. 1285]
(3)
Truck loading and unloading areas, and maneuvering areas providing access to the same, shall be set back a minimum of 50 feet from adjacent residentially zoned property.
§ 420-56 IND Industrial District.
A.
Permitted principal uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:
(1)
Office buildings.
(2)
Research institutions and laboratories for scientific or industrial research, testing, experimentation and product development.
(3)
Warehousing and storage buildings, except for bulk storage of hazardous materials.
(4)
Wholesale operations and distribution centers.
(5)
Public utility activities of an industrial character, such as bus repair and maintenance yards, storage facilities, depots and stations.
(6)
Activities of an industrial nature, including the manufacturing, fabrication, processing, packaging and assembling of goods.
(7)
The processing of food and kindred products.
(8)
The manufacture of electrical machinery and electronics and communications equipment.
(9)
Metalworking, machine welding and machine shops.
(10)
Printing and publishing establishments.
(11)
Any contractor's equipment or storage yards.
[Amended 8-14-2013 by Ord. No. 1834]
(12)
Lumberyards.
(13)
Retail shopping facilities and service establishments where commodities are sold or services provided primarily for a local market, such as:
[Added 12-19-2000 by Ord. No. 1515]
(a)
Grocery stores.
(b)
Bakeries
(c)
Delicatessens.
(d)
Drug stores.
(e)
Beauty parlors.
(f)
Dry-cleaning establishments.
(g)
Garden and flower shops
(h)
Studios for instruction in art, music, dancing, etc.
(i)
Clothing stores
(j)
Lumber and building materials supplies.
(k)
Banks.
(l)
Full-service restaurants.
B.
Accessory uses and buildings. Uses and buildings incidental to the conduct and operation of the principal use, including but not limited to the following, shall be permitted:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 420-59 are complied with:
(1)
Commercial earth terminals.
(2)
Class 1 cannabis cultivation, Class 2 cannabis manufacturing, Class 3 cannabis wholesaling, Class 4 cannabis distributing, and Class 6 cannabis delivery as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.[1] Class 5 Cannabis Retailing remains a prohibited use in all zones pursuant to Chapter 321.
[Added 7-27-2021 by Ord. No. 2037]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(3)
Alternate treatment centers pursuant to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq.
[Added 7-27-2021 by Ord. No. 2037]
D.
Prohibited uses. The following uses are specifically prohibited:
(1)
Production and processing of chemicals as a principal use.
(2)
The use and storage of chemicals in aquifer outcrop areas.
(3)
Industrial facilities designed for hazardous waste treatment and disposal.
(4)
Industrial operations which produce harmful products, final products or by-products and hazardous airborne particulates.
[Amended 12-19-2000 by Ord. No. 1515]
(5)
Industrial operations with a high risk of explosion.
(6)
Disposal businesses and transfer stations.
(7)
Truck storage, truck depots and truck terminals as a principal use.
E.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
(1)
No side or rear yard shall be required along property lines which are adjacent to a railroad right-of-way.
(2)
The maximum percent of lot coverage by buildings and pavement on any area determined to be an aquifer outcrop or recharge area shall be limited to 50%. Applicants shall be required to document that the site is not located on an aquifer outcrop area in order to exceed 50% coverage of the site.
(3)
Where a proposed nonresidential use abuts a residential zone, including the R-T Zone, or a lot developed for a residential use, a thirty-foot-wide buffer strip, designed in accordance with the requirements of § 420-63, shall be provided in all rear or side yards which abut said residential use. However, no buffer shall be required between nonresidential uses in the R-T Residential - Transition District. A street right-of-way shall not be considered in place of a required buffer strip.
[Amended 6-29-1993 by Ord. No. 1285]
(4)
Truck loading and unloading areas, and maneuvering areas providing access to the same, shall be set back a minimum of 50 feet from adjacent residentially zoned property.
(5)
Industrial park development standards shall be as follows:
(a)
An industrial park shall be constructed according to specific plans to provide industrial sites which are so arranged and designed as to maximize the use of available space while achieving and maintaining an aesthetically desirable appearance.
(b)
An industrial park shall consist of a tract or parcel of land under single ownership, which has a total area of not less than five acres.
(c)
Lot area. Individual sites or lots shall have a minimum lot size of 25,000 square feet.
(d)
Minimum lot width: 150 feet.
(e)
Front yard: 15 feet or the height of the principal building, whichever is the greater.
(f)
Side yard. There shall be two side yards, the sum of which shall equal at least 15% of the lot width, as measured at the front building line. No side yard shall be less than 10 feet.
(g)
Rear yard: 25 feet.
(h)
Maximum lot coverage: 40%.
(i)
Maximum building height: 35 feet.
§ 420-57 HI Heavy Industrial District.
B.
Accessory use and buildings. Uses and buildings incidental to the conduct and operation of the principal use shall be permitted.
C.
Conditional uses. The following commercial uses may be permitted, provided that all the terms and conditions specified for the particular use in § 420-59 are complied with:
(1)
Production and processing of chemicals as a principal use.
(2)
Class 1 cannabis cultivation, Class 2 cannabis manufacturing, Class 3 cannabis wholesaling, Class 4 cannabis distributing, and Class 6 cannabis delivery as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.[1] Class 5 cannabis retailing remains a prohibited use in all zones pursuant to Chapter 321.
[Added 7-27-2021 by Ord. No. 2037]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(3)
Alternate treatment centers pursuant to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq.
[Added 7-27-2021 by Ord. No. 2037]
D.
Height, area and yard requirements: as specified in the schedule of regulations, § 420-6, except as hereinafter provided:
H.
Diking requirements. All chemical handling and storage areas and all aboveground areas for the storage of bulk oil or gasoline shall be diked in a manner acceptable to the Borough Engineer in order to prevent pollution due to spillage of such materials. Any diking recommended by the Department of Environmental Protection shall also be required.
§ 420-58 M Municipal District.
[Added 6-29-1993 by Ord. No. 1285]
A.
Permitted principal uses. No building, structure or premises shall be erected, structurally altered or used except for the following uses:
[Amended 5-8-2012 by Ord. No. 1809]
(1)
Governmental uses conducted by the Borough of Middlesex or the Borough of Middlesex Board of Education, the County of Middlesex and/or the State of New Jersey.
B.
Accessory uses. Uses and buildings incidental to the conduct and operation of the principal use.
C.
Height, area and yard requirements. Off-street parking requirements, landscaping requirements and signs as may be approved by the Planning Board.