Mountainside City Zoning Code

1013 L-I

Limited Industrial District

Primary Intended Uses. The uses in this zoning district are business, professionals, executive or administrative office purposes, scientific or research laboratories, warehousing and limited industrial and manufacturing , fabrication and assembly uses, the nature of such industrial and manufacturing uses being dependent upon their compliance to performance standards of Section 1010(d), commercial uses of a strictly wholesale sales and service nature, private membership, non-profit and/or recreational facilities open to the general public which provide indoor facilities for swimming, tennis, racquetball, handball, baseball, softball, soccer, lacrosse, golf, exercise and fitness training. Educational and training facility not including outdoor facilities equipment, data processing center, television and radio studios not including transmission antenna, physical rehabilitation and therapy uses not including patient housing. The intensity of operations shall not exceed the limitations imposed by the performance standards set forth in Section 1013(d). In addition, retail sales or service establishments are prohibited in the L-1 zone, as is any use that is prohibited in the B zone with the exception of those listed in Section 1011(b)(7) and (9) which are permitted as regulated by this Section. Before issuance of a building or occupancy permit, the Planning Board shall ascertain that all the requirements of this Section are complied with. All uses permitted shall be conducted wholly within a completely enclosed building except for loading and unloading operations, on-site parking of delivery vehicles and the storage of any products (such as propane) which are required to be located outside an enclosed building. No display of wares shall be visable from the outside of the building.
Prohibited Use. Any use other than those uses permitted by Section 1013(a) above is prohibited. No use shall be permitted which will or can in any manner be or potentially be dangerous, injurious or noxious. Any use which has the potential of creating noise, vibration, smoke, dust, radioactivity, odor, any form of air pollution, explosion, heat, cold, dampness, movement of air, electrical or other disturbance, glare, liquid or solid waste in any manner or amount is prohibited unless that use conforms to the performance standards of Section 1013(d).
Required Conditions. The following requirements must be complied with in the L-I Limited Industrial District.
1. Height. No building shall exceed a maximum of three (3) stories or thirty five (35) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than thirty (30) feet; provided, however, no building shall be set closer to Route 22 than fifty (50) feet.
3. Side Yard. There shall be a side yard on each side of the principal building of not less than fifteen (15) feet. Off-street parking as required in Section 914 (b) is permitted in the side yard, outside the required buffer area.
4. Minimum Rear Yard. There shall be a rear yard of not less than thirty (30) feet. Off-street parking as required in Section 914(b) is permitted in the rear yard, outside the required buffer area.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty six thousand (26,000) square feet, with a minimum lot width of one hundred twenty five (125) feet; provided, however, the minimum lot width on Route 22 shall be two hundred (200) feet.
6. Maximum And Minimum Building Size. The maximum building ground projection area for all buildings on a lot shall not exceed thirty five per cent (35%) of the lot area; provided, however, the principal building shall contain a minimum ground floor area of not less than four thousand (4,000) square feet.
7. Maximum Lot Coverage. Lot coverage shall not exceed seventy five percent (75%) of the lot area.
8. Buffer Area. Wherever a lot within the L-I zone abuts any residence zone, there shall be provided within said L-I zone lot a buffer strip area of at least thirty (30) feet in width which shall include evergreen shrubbery and a row of twelve foot shade trees planted not more than fifteen (15) feet apart, and a six foot woven cedar fence, or other screening fence as approved by the Planning Board, to prevent visibility. The finished side of the fence shall face the residential zone, and such fence shall be situated within the buffer area near the common boundary line. This buffer area shall be used for no other purpose than as above regulated.

Performance Standards. Before the issuance of any building or occupancy permit for use in the L-I zoning district, all of the following regulations must be complied with.

Fire and Explosion Hazards. All activities and the storage of materials shall be carried on only in structures which conform to the standards of all National Board of Fire Underwriters or the Uniform Construction Code or Borough Fire Ordinance, whichever is more restrictive.
Radioactivity. Any activity which emits or has the potential to emit radioactivity at any point is prohibited. However, this prohibition will not apply to the use of radioactive materials in diagnosing and treating illness or injury in connection with the practice of medicine, dentistry or veterinary medicine, where such practice is permitted by this Ordinance and the radioactive materials are used in compliance with all applicable federal and state laws and regulations.
Smoke, Dust, Fly Ash and Other Air Pollutants. There shall be no dissemination of smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundary of the lot occupied by such use. All activities shall be carried on in accordance with the regulations set forth in the New Jersey Air Pollution Control Code as published by the New Jersey State Department of Environmental Protection.
Liquid or Solid Wastes. No operation shall discharge untreated industrial wastes of any kind into a reservoir, pond or lake. The discharge of untreated wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection. Effluents shall at all times comply with the following standards:
1. Maximum five day biochemical oxygen demand five (5) parts per million
2. Maximum quantity of effluent ten percent (10%) of minimum daily stream flow
3. Maximum five day biochemical oxygen demand after dilution (B.O.D. of effluent multiplied by quantity of effluent divided by quantity of stream flow) zero point two five (0.25) parts per million
4. Maximum total solids five thousand (5,000) parts per million No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors or discolor, poison or otherwise pollute the reservoir, pond, lake or stream in any way.
Vibration. There shall be no vibration beyond the immediate site on which such use is conducted.

Noise. Noise, defined in terms of sound pressure level, shall not exceed the limitation herein set forth. The sound pressure level radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following in any octave band of frequency:

FREQUENCY BANK CYCLES PER SECOND	SOUND PRESSURE LEVEL IN DECIBELS
20–75	65
150–150	50
150–300	44
300–600	38
600–1,200	35
1,200–2,400	32
2,400–2,800	29
4,800–9,600	26

Sound pressure level is calculated according to the following formula: Sound pressure level in decibels equals 20 log PIP2 where P2 equals 0.0002 dynes per square centimeter. If the noise is not smooth and continuous and/or is not radiated at nighttime, one (1) or more of the following adjustments shall be added to or subtracted from each of the decibel levels given above, provided that no more than one of the first three adjustments shall be applied:

TYPE OF OPERATION OF CHARACTER OF NOISE	ADJUSTMENT IN DECIBELS
Noise source operates less than 20% of the time	+5
Noise source operates less than 5% of the time	+10
Noise source operates less than 1% of the time	+15
Daytime operations only	+5
Noise of impulsive character (hammering, etc.)	-5
Noise of periodic character (hum, screech, etc.)

The sound pressure level radiated non-continuously or between the hours of 7:00 a.m. and 10:00 p.m. shall not exceed the levels in any octave band of frequency as adjusted to account for daytime operation, time of operation or character of noise.

The foregoing measurements shall be made at a point twenty-five (25) feet distance from the building wherein the noise originates or at the boundary line of the property nearest to such building, whichever is farther away, and shall be measured with a sound level meter and an octave band analyzer that conforms to the specifications published by the American Standards Association, Incorporated, New York, New York.

Glare. There shall be no direct or sky reflected glare exceeding zero point five (0.5) foot candles measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exits of service drives.
Non residential Wastes Discharged Into Borough Sanitary Sewer System. All discharge of non residential wastes into the Borough sanitary system shall comply with the standards set forth in Article 14 of this Ordinance.
Any activity which is detrimental to the health, safety, morals, general welfare, or aesthetics of neighboring properties of the Borough is prohibited.

Mountainside City Zoning Code

1013 L-I

Limited Industrial District

Primary Intended Uses. The uses in this zoning district are business, professionals, executive or administrative office purposes, scientific or research laboratories, warehousing and limited industrial and manufacturing , fabrication and assembly uses, the nature of such industrial and manufacturing uses being dependent upon their compliance to performance standards of Section 1010(d), commercial uses of a strictly wholesale sales and service nature, private membership, non-profit and/or recreational facilities open to the general public which provide indoor facilities for swimming, tennis, racquetball, handball, baseball, softball, soccer, lacrosse, golf, exercise and fitness training. Educational and training facility not including outdoor facilities equipment, data processing center, television and radio studios not including transmission antenna, physical rehabilitation and therapy uses not including patient housing. The intensity of operations shall not exceed the limitations imposed by the performance standards set forth in Section 1013(d). In addition, retail sales or service establishments are prohibited in the L-1 zone, as is any use that is prohibited in the B zone with the exception of those listed in Section 1011(b)(7) and (9) which are permitted as regulated by this Section. Before issuance of a building or occupancy permit, the Planning Board shall ascertain that all the requirements of this Section are complied with. All uses permitted shall be conducted wholly within a completely enclosed building except for loading and unloading operations, on-site parking of delivery vehicles and the storage of any products (such as propane) which are required to be located outside an enclosed building. No display of wares shall be visable from the outside of the building.
Prohibited Use. Any use other than those uses permitted by Section 1013(a) above is prohibited. No use shall be permitted which will or can in any manner be or potentially be dangerous, injurious or noxious. Any use which has the potential of creating noise, vibration, smoke, dust, radioactivity, odor, any form of air pollution, explosion, heat, cold, dampness, movement of air, electrical or other disturbance, glare, liquid or solid waste in any manner or amount is prohibited unless that use conforms to the performance standards of Section 1013(d).
Required Conditions. The following requirements must be complied with in the L-I Limited Industrial District.
1. Height. No building shall exceed a maximum of three (3) stories or thirty five (35) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than thirty (30) feet; provided, however, no building shall be set closer to Route 22 than fifty (50) feet.
3. Side Yard. There shall be a side yard on each side of the principal building of not less than fifteen (15) feet. Off-street parking as required in Section 914 (b) is permitted in the side yard, outside the required buffer area.
4. Minimum Rear Yard. There shall be a rear yard of not less than thirty (30) feet. Off-street parking as required in Section 914(b) is permitted in the rear yard, outside the required buffer area.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty six thousand (26,000) square feet, with a minimum lot width of one hundred twenty five (125) feet; provided, however, the minimum lot width on Route 22 shall be two hundred (200) feet.
6. Maximum And Minimum Building Size. The maximum building ground projection area for all buildings on a lot shall not exceed thirty five per cent (35%) of the lot area; provided, however, the principal building shall contain a minimum ground floor area of not less than four thousand (4,000) square feet.
7. Maximum Lot Coverage. Lot coverage shall not exceed seventy five percent (75%) of the lot area.
8. Buffer Area. Wherever a lot within the L-I zone abuts any residence zone, there shall be provided within said L-I zone lot a buffer strip area of at least thirty (30) feet in width which shall include evergreen shrubbery and a row of twelve foot shade trees planted not more than fifteen (15) feet apart, and a six foot woven cedar fence, or other screening fence as approved by the Planning Board, to prevent visibility. The finished side of the fence shall face the residential zone, and such fence shall be situated within the buffer area near the common boundary line. This buffer area shall be used for no other purpose than as above regulated.

Performance Standards. Before the issuance of any building or occupancy permit for use in the L-I zoning district, all of the following regulations must be complied with.

Fire and Explosion Hazards. All activities and the storage of materials shall be carried on only in structures which conform to the standards of all National Board of Fire Underwriters or the Uniform Construction Code or Borough Fire Ordinance, whichever is more restrictive.
Radioactivity. Any activity which emits or has the potential to emit radioactivity at any point is prohibited. However, this prohibition will not apply to the use of radioactive materials in diagnosing and treating illness or injury in connection with the practice of medicine, dentistry or veterinary medicine, where such practice is permitted by this Ordinance and the radioactive materials are used in compliance with all applicable federal and state laws and regulations.
Smoke, Dust, Fly Ash and Other Air Pollutants. There shall be no dissemination of smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundary of the lot occupied by such use. All activities shall be carried on in accordance with the regulations set forth in the New Jersey Air Pollution Control Code as published by the New Jersey State Department of Environmental Protection.
Liquid or Solid Wastes. No operation shall discharge untreated industrial wastes of any kind into a reservoir, pond or lake. The discharge of untreated wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection. Effluents shall at all times comply with the following standards:
1. Maximum five day biochemical oxygen demand five (5) parts per million
2. Maximum quantity of effluent ten percent (10%) of minimum daily stream flow
3. Maximum five day biochemical oxygen demand after dilution (B.O.D. of effluent multiplied by quantity of effluent divided by quantity of stream flow) zero point two five (0.25) parts per million
4. Maximum total solids five thousand (5,000) parts per million No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors or discolor, poison or otherwise pollute the reservoir, pond, lake or stream in any way.
Vibration. There shall be no vibration beyond the immediate site on which such use is conducted.

FREQUENCY BANK CYCLES PER SECOND	SOUND PRESSURE LEVEL IN DECIBELS
20–75	65
150–150	50
150–300	44
300–600	38
600–1,200	35
1,200–2,400	32
2,400–2,800	29
4,800–9,600	26

TYPE OF OPERATION OF CHARACTER OF NOISE	ADJUSTMENT IN DECIBELS
Noise source operates less than 20% of the time	+5
Noise source operates less than 5% of the time	+10
Noise source operates less than 1% of the time	+15
Daytime operations only	+5
Noise of impulsive character (hammering, etc.)	-5
Noise of periodic character (hum, screech, etc.)

Glare. There shall be no direct or sky reflected glare exceeding zero point five (0.5) foot candles measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exits of service drives.
Non residential Wastes Discharged Into Borough Sanitary Sewer System. All discharge of non residential wastes into the Borough sanitary system shall comply with the standards set forth in Article 14 of this Ordinance.
Any activity which is detrimental to the health, safety, morals, general welfare, or aesthetics of neighboring properties of the Borough is prohibited.

Mountainside City Zoning Code

1013 L-I

Limited Industrial District

Primary Intended Uses. The uses in this zoning district are business, professionals, executive or administrative office purposes, scientific or research laboratories, warehousing and limited industrial and manufacturing , fabrication and assembly uses, the nature of such industrial and manufacturing uses being dependent upon their compliance to performance standards of Section 1010(d), commercial uses of a strictly wholesale sales and service nature, private membership, non-profit and/or recreational facilities open to the general public which provide indoor facilities for swimming, tennis, racquetball, handball, baseball, softball, soccer, lacrosse, golf, exercise and fitness training. Educational and training facility not including outdoor facilities equipment, data processing center, television and radio studios not including transmission antenna, physical rehabilitation and therapy uses not including patient housing. The intensity of operations shall not exceed the limitations imposed by the performance standards set forth in Section 1013(d). In addition, retail sales or service establishments are prohibited in the L-1 zone, as is any use that is prohibited in the B zone with the exception of those listed in Section 1011(b)(7) and (9) which are permitted as regulated by this Section. Before issuance of a building or occupancy permit, the Planning Board shall ascertain that all the requirements of this Section are complied with. All uses permitted shall be conducted wholly within a completely enclosed building except for loading and unloading operations, on-site parking of delivery vehicles and the storage of any products (such as propane) which are required to be located outside an enclosed building. No display of wares shall be visable from the outside of the building.
Prohibited Use. Any use other than those uses permitted by Section 1013(a) above is prohibited. No use shall be permitted which will or can in any manner be or potentially be dangerous, injurious or noxious. Any use which has the potential of creating noise, vibration, smoke, dust, radioactivity, odor, any form of air pollution, explosion, heat, cold, dampness, movement of air, electrical or other disturbance, glare, liquid or solid waste in any manner or amount is prohibited unless that use conforms to the performance standards of Section 1013(d).
Required Conditions. The following requirements must be complied with in the L-I Limited Industrial District.
1. Height. No building shall exceed a maximum of three (3) stories or thirty five (35) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than thirty (30) feet; provided, however, no building shall be set closer to Route 22 than fifty (50) feet.
3. Side Yard. There shall be a side yard on each side of the principal building of not less than fifteen (15) feet. Off-street parking as required in Section 914 (b) is permitted in the side yard, outside the required buffer area.
4. Minimum Rear Yard. There shall be a rear yard of not less than thirty (30) feet. Off-street parking as required in Section 914(b) is permitted in the rear yard, outside the required buffer area.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty six thousand (26,000) square feet, with a minimum lot width of one hundred twenty five (125) feet; provided, however, the minimum lot width on Route 22 shall be two hundred (200) feet.
6. Maximum And Minimum Building Size. The maximum building ground projection area for all buildings on a lot shall not exceed thirty five per cent (35%) of the lot area; provided, however, the principal building shall contain a minimum ground floor area of not less than four thousand (4,000) square feet.
7. Maximum Lot Coverage. Lot coverage shall not exceed seventy five percent (75%) of the lot area.
8. Buffer Area. Wherever a lot within the L-I zone abuts any residence zone, there shall be provided within said L-I zone lot a buffer strip area of at least thirty (30) feet in width which shall include evergreen shrubbery and a row of twelve foot shade trees planted not more than fifteen (15) feet apart, and a six foot woven cedar fence, or other screening fence as approved by the Planning Board, to prevent visibility. The finished side of the fence shall face the residential zone, and such fence shall be situated within the buffer area near the common boundary line. This buffer area shall be used for no other purpose than as above regulated.

Performance Standards. Before the issuance of any building or occupancy permit for use in the L-I zoning district, all of the following regulations must be complied with.

Fire and Explosion Hazards. All activities and the storage of materials shall be carried on only in structures which conform to the standards of all National Board of Fire Underwriters or the Uniform Construction Code or Borough Fire Ordinance, whichever is more restrictive.
Radioactivity. Any activity which emits or has the potential to emit radioactivity at any point is prohibited. However, this prohibition will not apply to the use of radioactive materials in diagnosing and treating illness or injury in connection with the practice of medicine, dentistry or veterinary medicine, where such practice is permitted by this Ordinance and the radioactive materials are used in compliance with all applicable federal and state laws and regulations.
Smoke, Dust, Fly Ash and Other Air Pollutants. There shall be no dissemination of smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundary of the lot occupied by such use. All activities shall be carried on in accordance with the regulations set forth in the New Jersey Air Pollution Control Code as published by the New Jersey State Department of Environmental Protection.
Liquid or Solid Wastes. No operation shall discharge untreated industrial wastes of any kind into a reservoir, pond or lake. The discharge of untreated wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection. Effluents shall at all times comply with the following standards:
1. Maximum five day biochemical oxygen demand five (5) parts per million
2. Maximum quantity of effluent ten percent (10%) of minimum daily stream flow
3. Maximum five day biochemical oxygen demand after dilution (B.O.D. of effluent multiplied by quantity of effluent divided by quantity of stream flow) zero point two five (0.25) parts per million
4. Maximum total solids five thousand (5,000) parts per million No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors or discolor, poison or otherwise pollute the reservoir, pond, lake or stream in any way.
Vibration. There shall be no vibration beyond the immediate site on which such use is conducted.

FREQUENCY BANK CYCLES PER SECOND	SOUND PRESSURE LEVEL IN DECIBELS
20–75	65
150–150	50
150–300	44
300–600	38
600–1,200	35
1,200–2,400	32
2,400–2,800	29
4,800–9,600	26

TYPE OF OPERATION OF CHARACTER OF NOISE	ADJUSTMENT IN DECIBELS
Noise source operates less than 20% of the time	+5
Noise source operates less than 5% of the time	+10
Noise source operates less than 1% of the time	+15
Daytime operations only	+5
Noise of impulsive character (hammering, etc.)	-5
Noise of periodic character (hum, screech, etc.)

Glare. There shall be no direct or sky reflected glare exceeding zero point five (0.5) foot candles measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exits of service drives.
Non residential Wastes Discharged Into Borough Sanitary Sewer System. All discharge of non residential wastes into the Borough sanitary system shall comply with the standards set forth in Article 14 of this Ordinance.
Any activity which is detrimental to the health, safety, morals, general welfare, or aesthetics of neighboring properties of the Borough is prohibited.