The regulations set forth within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(Ord. No. O-050703, 6-6-07)

A.

No building, structure or land shall be used or occupied and no building or structure or part thereof shall hereafter be moved, erected, reconstructed, enlarged or structurally altered nor shall any land be designed, excavated or intended to be used for any purpose except in conformity with all of the regulations for the zone district in which it is located.

B.

No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open space than as herein designated for the zone district in which it is located.

C.

Only those uses specifically identified as permitted principal uses, permitted accessory uses, permitted conditional uses, permitted signs or other permitted use shall be permitted. All other uses are prohibited.

(Ord. No. O-050703, 6-6-07)

A.

The following types of projects are hereby exempted from the zoning permitting process and zoning fees:

1.

Rooftop solar panels.

(Ord. No. O-022201, § III, 2-16-22)

A.

No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated in this title for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this title and the certificate of occupancy for such building shall thereupon become null and void.

B.

No yard or other open space provided around any building or use for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other buildings or uses, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building or use on any other lot.

C.

No yard or lot existing at the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth herein. All yards or lots created after the effective date of the ordinance codified in this title shall meet or exceed the minimum requirements established by this title.

D.

In the case of irregularly shaped lots and lots existing and/or proposed to front a street or end of a street, the minimum width requirements as specified in this title shall be measured at the front yard setback depth for the lot (see diagram), provided that in no case shall the lot width at the street line be reduced to less than fifty (50) percent of the minimum width requirement nor less than twenty-five (25) feet, whichever is greater.

E.

No side or rear yard areas shall be required between lot lines corresponding to railroad right-of-way boundary lines except as considered necessary to ensure the health, safety, and welfare of the community.

F.

No lot shall hereafter be so subdivided or reduced in area as to cause any open space required by this title to become less in any dimension than is herein required for the zone and lot in question.

(Ord. No. O-050703, 6-6-07)

A.

There shall be no more than one detached single-family or one detached two-family residential principal building erected on any one lot in any residential zone district which permits such uses, i.e., two single-family detached houses shall not be built on one building lot or two two-family detached houses shall not be built on one building lot.

B.

All principal buildings and required front yard areas must be located abutting a dedicated public street, or on a private street approved by the approving board.

(Ord. No. O-050703, 6-6-07)

A.

No accessory structure permitted by this title shall be placed in any required front yard area.

B.

The aggregate ground area covered by accessory structures in any required rear yard shall not exceed thirty (30) percent of the required rear yard area within any residential zone. (Example: Fifty (50) feet wide lot with required thirty (30) feet rear setback = one thousand five hundred (1,500) square feet required rear yard. Accessory buildings can not exceed thirty (30) percent of the required area, i.e., four hundred fifty (450) square feet.)

C.

An accessory structure attached to the principal building shall comply in all respects with the requirements of this title applicable to the principal building, except that open porches wherein the open porch is not more than one story in height, may project into the front yard area but not closer than ten (10) feet to any front lot line.

D.

No accessory structure within any residential zone shall exceed fifteen (15) feet in height, and shall be a maximum one story in height.

E.

No detached accessory structure erected in a required yard on any lot within any zone shall be used for residential dwelling or rooming unit purposes.

F.

On through lots, no accessory structure erected in the rear yard shall be nearer the rear street line than the minimum distance specified for a front yard setback on that part of the street which the yard abuts. The required front yard setback shall be provided along all street frontages.

G.

Any deck which is constructed at or below the grade of the first floor of the structure to which same is attached may be located in a required side or rear yard area provided that said deck is at least three feet from any side lot line and at least ten (10) feet from any rear lot line.

H.

From December 1 of each year, until March 1 of the subsequent year, any restaurant or tavern may place a temporary vestibule outside of their entrance provided said vestibule complies with the following:

1.

The vestibule is fitted flush against the entry of the establishment.

2.

The vestibule encroaches no more than five feet into a required property setback.

3.

It cannot be in the public right of way (without approval of the city council or other right-of-way owner).

4.

It cannot be placed within fifteen (15) feet of the corner nearest to an intersection if on a corner lot/parcel.

5.

The maximum height is limited to ten (10) feet.

6.

The maximum area of the vestibule is limited to twenty (20) square feet.

7.

It may be no longer than six feet on any side.

8.

The vestibule may not have any signage or advertising.

9.

The vestibule may not have seating or standing.

10.

The materials must be flame retardant.

11.

The vestibule must be ADA compliant.

12.

The fee for review shall be fifty dollars ($50.00) per year.

(Ord. No. O-022201, § IV, 2-16-22; Ord. No. O-050703, 6-6-07)

A.

The front yard of a through lot shall be the frontage that is most commonly used as the frontage for buildings on the same block frontage. If both block frontages are commonly used as frontages, the administrative officer shall determine which frontage is most appropriate for building frontage. The required front setback shall be provided along all street frontages.

B.

All front yards must be located on a dedicated public street or on a private street approved by the approving board.

C.

Where a building lot has frontage upon a street which on the master plan of New Brunswick is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.

(Ord. No. O-050703, 6-6-07)

A.

Off-street parking space shall be provided as specified in this title (Section 17.05.010 et seq.) or as required by the New Jersey Residential Site Improvement Standards.

B.

No new access driveway or private street that is accessory to a business or industrial use shall be established in any residential zone except by action of an approving board. No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading area requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this title.

C.

Only one point of ingress, egress, or driveway may be allowed on each tract, except: (a) where the tract has a road frontage of at least two hundred (200) feet; (b) parking lots with one hundred (100) or more off-street parking spaces shall provide a second point of ingress/egress; or (c) tracts with multiple frontages may have up to one driveway per frontage.

(Ord. No. O-062501, § I, 6-18-25; Ord. No. O-050703, 6-6-07)

A.

Residential Zones.

1.

In any residential zone, no fence shall be permitted in the front yard area which will restrict visibility.

2.

All fences in all zones shall comply with the requirements set forth in Table 1 and the requirements of Section 17.07.060.

Table 1 Fences

B.

Materials and Placement.

1.

No fence shall be constructed of any material or in a manner which may be dangerous to persons. Barbed wire, razor wire, concertina wire or any similar material types are prohibited.

2.

The side of any fence facing adjoining properties or a public right-of-way shall be finished.

3.

All fences, shrubs, trees, etc. shall be installed within the property lines of the lot.

4.

Any fence installed on a lot at the intersection of two streets shall not be greater than thirty (30) inches tall within any required sight triangle at that intersection, nor shall the intersection sight lines be obstructed.

C.

Exception. The requirements of this subsection shall not apply to any necessary retaining walls or steps.

D.

On corner lots only the primary frontage of the property shall be considered as the front yard for fence purposes. Secondary frontages shall be permitted to be fenced as per the criteria of the side and rear yard fence requirements. The following criteria shall apply:

1.

Any frontage on one of the following streets shall be considered the primary frontage. If a property fronts on two or more of these streets, then that property cannot utilize this section or its fence requirements.

2.

When a property has an unambiguous front door facing the street that shall be considered the primary frontage.

3.

For all other intersections determination of the primary frontage shall be determined at the discretion of the administrative officer.

4.

The proposed fence shall not be located closer than thirty (30) feet to the primary frontage front lot line.

5.

The proposed fence shall not be located closer to the primary frontage lot line then the rearmost corner of the primary structure. See illustration below (blue is the lot/parcel; purple is front door; red is the primary structure; green is how far the fence can go; and black is the road):

6.

Lots that have secondary frontages that are shorter in length then their primary frontage cannot utilize this section for their fence requirements. See illustration below (blue is the lot/parcel; purple is front door; red is the primary structure; green is how far the fence can go; and black is the road):

E.

If a residential property abuts a property zoned I-1, I-2, I-2E, or abuts a property outside those zones with industrial or mechanic/repair uses the owner of the residential property may request permission from the administrative officer (via zoning permit application) to install up to an eight foot fence with no open design requirements along the property line between the residential and industrial use. The fence may not be installed within thirty (30) feet of an intersection of two or more streets.

(Ord. No. O-102301, §§ I, II, 10-18-23; Ord. No. O-112205, § I, 12-21-22; Ord. No. O-110907, § 1, 12-2-09; Ord. No. O-050703, 6-6-07)

A.

Private garages attached to the principal residential structure shall not exceed fifteen (15) feet in height, shall be a maximum one story in height, and shall not be used for any residential, boarding, rooming or lodging purpose.

B.

Detached Garages, Sheds, Green Houses. Detached garages, sheds, green houses, and similar permitted accessory uses shall comply with the following requirements:

1.

Shall not be used for any residential, boarding, rooming or lodging purposes;

2.

Shall be a maximum one story in height, shall not have any finished or partially finished attic or basement;

3.

Shall be included in all calculations of lot coverage by building, impervious lot coverage, floor area ratio and maximum building size and/or maximum floor area.

C.

Underground parking facilities shall comply with the following requirements:

1.

Where a proposed development includes parking, and is of four or more dwelling units or any commercial or mixed-use development with at least four dwelling units, and is on a parcel of at least five thousand (5,000) square feet in area, the floor area of any proposed underground parking facilities shall not contribute towards the calculation of the site's overall floor area ratio.

(Ord. No. O-112205, § I, 12-21-22; Ord. No. O-050703, 6-6-07)

Regardless of whether the mayor and/or the city council of the city of New Brunswick is acting in, or in pursuant of the performance of a governmental function, or to carryout a legislative mandate, or in the exercise of its private right as a corporate body, any municipally-owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any zone and no site plan approval shall be required; it being the intention that whatever the mayor and/or the city council may be authorized to do, shall constitute a function of government and that whenever the mayor and/or the city council shall act pursuant to granted authority, it acts as government and not as a private entrepreneur.

(Ord. No. O-050703, 6-6-07)

Whenever any provisions of this title or other provisions of law, whether set forth in this title or in another law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations over the use of land, or over the use or bulk or buildings or other structures, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or which imposes higher standards or requirements shall govern.

(Ord. No. O-050703, 6-6-07)

Private swimming pools designed and intended for the sole use of site occupants and their guests shall be considered accessory structures for the purpose of securing permits.

(Ord. No. O-050703, 6-6-07)

The front façades of all principal structures shall be parallel to the street. On corner lots, both street facing façades must be parallel to the intersecting streets. On curvilinear streets, the front façade of all structures shall be parallel to the tangent of the midpoint of the arc of the street.

(Ord. No. O-050703, 6-6-07)

A.

Permitted Modifications. This section herein established modifications to the minimum standards for building height, bulk, coverage, density and site location for all districts.

1.

Schedule of Modifications.

a.

Building Setback Line. If the block frontage between two intersecting streets is improved with buildings on more than fifty (50) percent of the buildable lots on the block frontage, and new construction is proposed on a lot between two adjacent existing buildings on this block front, the building setback of the new construction shall not deviate more than five feet from the mean average setback line of the two adjoining improved lots and at least fifty (50) percent of the front façade shall be within five feet of the mean average setback line.

An exception may be granted to this standard if:

Due to the narrowness of the lot, required off-street parking cannot be accommodated or accessed in the side or rear yard and must be accommodated in the front yard. The new construction may be set back from the property line a distance equal to the minimum driveway length required by this title for one to four unit residential buildings.

b.

Residential Building Height. If the building height of the two abutting parcels next to a proposed residential application are improved with buildings, and those buildings have existing heights above what is permitted under the current zoning code, the building height of the new construction may deviate from the zoning code to match the mean building height of the two abutting parcels provided the proposed project shall not exceed ten (10) feet or greater than ten (10) percent of the height permitted in the zone.

c.

Commercial Building Height. If fifty (50) percent or greater of the building heights on a block frontage in commercial zone (C-X) where proposed application is to be located, have existing heights above that permitted under the current zoning code, the building height of the new construction may deviate from the zoning code to match the mean building height of the two abutting parcels provided the proposed project shall not exceed ten (10) feet or greater than ten (10) percent of the height permitted in the zone.

(Ord. No. O-022201, § V, 2-16-22; Ord. No. O-050703, 6-6-07)

A.

A building permit for the construction of a transmission tower, receiving tower, cooling tower, elevator bulkhead or other similar structure, accessory to the principal structure may exceed the height of the principal structure by fifteen (15) feet and may be permitted provided:

1.

The proposed construction will exert no detrimental effect upon surrounding areas;

2.

The proposed construction will constitute no hazard to the general health and safety;

3.

The structure occupied more than five percent of the surface area of the roof of the principal building on which same is erected.

4.

Subject to site plan approval.

(Ord. No. O-050703, 6-6-07)

A.

Existing Undersized Residential Lots. Developed residential lots recorded in the 1972 Tax Assessment Records that are undersized for width and/or area and developed with a single or two-family house constructed prior to 1972 shall be deemed conforming lots and structures for the purposes of rebuilding after destruction if the following standards are met:

If a house structure meeting these standards is partially destroyed, the owner shall have the right to rebuild the structure on the undersized lot, but may not exceed the bulk dimensions, number of units or number of bedrooms of the destroyed structure.

B.

Non-residential lots of record at the time of enactment of this title which have less than the minimum area requirements in residential districts may be developed subject to the following conditions:

The lot shall be subject to minimum yard standards as specified in this title.

(Ord. No. O-022002, § II, 2-19-20; Ord. No. O-050703, 6-6-07)

Two or more lots with continuous frontage and held in common ownership are merged into a single lot if the original lots are undersized for lot area or lot frontage. No portion of the merged lot shall be subdivided, sold or used unless it meets the lot area and lot width requirements established by this title.

(Ord. No. O-050703, 6-6-07)

A.

Open porches attached to a principal residential structure in all residential zoning districts may extend into the required side and rear yard areas provided:

1.

The open porch does not extend nearer than five feet to side lot line nor nearer than twenty (20) feet to the rear property line.

2.

The open porch is open on three sides.

(Ord. No. O-050703, 6-6-07)

Private garages attached to a principal residential structure in all residential zoning districts may extend into the side or rear yard area, provided that no attached private garage extends closer than three feet to a side or rear property line and further provided that such private garage does not exceed fifteen (15) in height.

(Ord. No. O-050703, 6-6-07)

Radio antennas and satellite dish antennas are permitted in all districts subject to the following:

A.

Radio antennas shall not exceed the permitted height regulations nor violate any setback requirements for the district in which they are located.

B.

Satellite dish antennas may be located on any building exceeding five stories in height. Otherwise, satellite dish antennas shall be located in the rear yard of any property and shall not violate any of the bulk requirements of the district in which they are located.

C.

Prior to the issuance of a building permit, the administrative officer may require landscaping, fencing or other provisions to ensure that antennae will not adversely impact upon adjacent properties.

D.

The following antennas and satellite dishes are exempt from these requirements by Section 207 of the Telecommunications Act of 1996, as amended:

1.

A "dish" antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

2.

An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

3.

An antenna that is designed to receive local television broadcast signals. Masts higher than twelve (12) feet above the roof line are subject to local permitting requirements.

(Ord. No. O-050703, 6-6-07)

A.

All sidewalk sales, yard sales, and similar vending activities shall only be allowed upon approval of a permit for same by the appropriate city agency.

B.

No sidewalk sale, yard sale or any similar vending activity shall totally block the sidewalk area within the street right-of-way. A minimum five feet wide unobstructed path shall be maintained across the entire frontage width of the site in order to insure uninterrupted through pedestrian movements at all times during the sidewalk sale, yard sale or similar vending event.

(Ord. No. O-050703, 6-6-07)

All security gates shall be so designed and constructed as to allow visibility through said security gates by city police department patrol. No solid form of security gates which would obstruct police patrol views from the street right-of-way shall be permitted.

A.

All exterior and interior security gates must be mesh-type gates or similar design which permits visibility into the interior space.

B.

Any existing solid security gates must be removed as part of any proposed façade renovation or change in signage.

C.

Exterior security gates are not permitted in the following area:

1.

C-2A, C-2B districts;

2.

C-3A, C-3B districts;

3.

C-4 district (downtown New Brunswick);

4.

C-5 district; and

5.

C-6 district.

(Ord. No. O-050703, 6-6-07)

A.

Keeping Animals on Residential Lots.

1.

No person shall keep any animal on any residential lot within the city of New Brunswick except in accordance with the provisions of this section.

2.

Exception: Household Pets. Subject to the licensing requirements of the applicable city code, this section shall not apply to small household animals or pets, including but not limited to dogs, cats, rabbits, guinea pigs, gerbils, hamsters, parrots, parakeets, canaries, or other birds or animals usually kept as household pets.

B.

Domesticated Animals.

1.

As used in this chapter "domesticated animal" shall include but not be limited to horses, goats, sheep, swine, cattle, poultry, fowl, and fur-bearing animals but excluding household pets.

2.

No domesticated animal shall be allowed in any residential lot or dwelling or any part thereof within the city of New Brunswick.

3.

No building, stable, or other structure for the keeping of domesticated animals shall be located within any building used either as a dwelling or for business purposes within the city of New Brunswick.

(Ord. No. O-050703, 6-6-07)

All necessary heating, ventilation, air-conditioning units/compressors, and/or auxiliary power generators, and/or swimming pool/hot tub/spa/whirlpool pumps and/or heat pumps, and/or any other similar outdoor mechanical equipment shall comply with the following criteria:

A.

All outdoor mechanical equipment shall be muffled so as to comply with both the Noise Control Act of 1971 (N.J.S.A. 13:1G-1 et seq.) and the New Jersey Noise Control Regulations (N.J.A.C. 7:29), as most recently amended;

B.

All outdoor mechanical equipment shall be set back a minimum of ten (10) feet from any property line abutting a residential zone or residential use, or five feet from any nonresidential property line;

C.

All outdoor mechanical equipment shall be:

1.

Totally screened by evergreen plantings of a height at planting equal to the height of each piece of mechanical equipment to be screened;

2.

Completely behind the building envelope; or,

3.

Screened by fencing or other enclosures specifically designed to screen outdoor mechanical equipment.

D.

Outdoor HVAC equipment that has a product specification with a maximum decibel rating at or below forty (40) decibels shall be permitted to be up to five feet away from the nearest property line. This shall only apply in the R-5, R-6, R-7 and commercial and industrial zones.

E.

In the case of undersized parcels where the lot width is twenty-one (21) feet in width or less, the outdoor mechanical equipment setback may be reduced to eight (8) feet.

(Ord. No. O-012505, § I, 2-5-25; Ord. No. O-022201, § VI, 2-16-22; Ord. No O-082006, § I, 9-2-20; Ord. No. O-050703, 6-6-07)

Editor's note— Ord. No. O-082006, § I, adopted September 2, 2020, renumbered § 17.03.230 as § 17.03.225.

All drive-up and/or drive-thru pick-up windows serving any form of retail or commercial establishment such as, but not limited to, banks, laundromats, dry-cleaning establishments, pharmacies, pizza parlors, fast food restaurants or any other type of pick-up window shall comply with the following criteria:

A.

All regulations as may be specified in other sections of this title;

B.

All traffic control signage and pavement markings shall be in conformance with the manual on uniform traffic control devices, and shall be subject to the review and comment of the city engineer and the New Brunswick police department traffic safety officer.

C.

All drive-in, drive-thru and/or pick-up windows and their queuing areas shall be located out of any public right-of-way and situated entirely on-site.

(Ord. No. O-050703, 6-6-07)

Outdoor accessibility ramps and other structures may be placed in the front, side, or rear yards and may encroach into the required setbacks by up to fifty (50) percent. This permission is temporary and the duration of same is two years from the initial zoning approval. A request via zoning permit application to permit the continuation of said structure(s) on the property is to be resubmitted every two years.

(Ord. No O-082006, § II, 9-2-20)

Site plan shall be required in accordance with the procedures, conditions and regulations as set forth in this title for all buildings and structures except as exempted hereinafter.

(Ord. No. O-050703, 6-6-07)

All uses and activities existing or established within the city of New Brunswick shall comply with the standards and conditions as specified in Chapter 17.08 of this title.

(Ord. No. O-050703, 6-6-07)

Signs shall be permitted in all zoning districts subject to the standards and conditions of Chapter 17.06 of this title.

(Ord. No. O-050703, 6-6-07)

A.

Roof top cellular antennas are permitted as an accessory structure on all building and structures that are equal to or greater than forty (40) feet in height, provided that the principal use of the property is a permitted use in that zone.

B.

Facade mounted cellular antennas and equipment are prohibited unless permitted in the underlying zoning.

(Ord. No. O-052002, § I, 6-3-20)

A.

Except within the I-1 and I-2 industrial zones the installation and usage of permanent diesel or gasoline powered generators shall be prohibited.

(Ord. No. O-112205, § I, 12-21-22)

A.

Purpose: There exists within certain residential neighborhoods in the City of New Brunswick medical and dental offices which do not conform with the permitted uses of their zone district. This limits the ability of property owners providing site improvements that would enhance the public welfare.

B.

Existing non-conforming medical and dental offices in all residential zones shall be treated as permitted uses for the purposes of providing necessary site improvements provided the following conditions are met:

1.

The existing building is not proposed to be enlarged.

2.

The existing floor area will not be increased.

3.

No parking spaces are being lost. This shall not include situations where parking spaces are being replaced with the same or greater number of spaces, provided the stall dimensions meet the requirements of this chapter.

C.

Necessary site improvements may include, but are not limited to:

1.

Modification of circulation and/or parking.

2.

Addition of accessibility ramps.

3.

Modification of signage and facade.

4.

Addition of accessory structures for garbage/recycling or sheds.

(Ord. No. O-112205, § I, 12-21-22)

In industrial zones (denoted as zones with an I-X nomenclature), or in cases of industrial applications in non-industrial zones pallets may be stored outside, but are subject to accessory structure setback requirements.

(Ord. No. O-102301, § III, 10-18-23)

A.

Properties in the C-3A community office/professional may be converted into a residential multi-family use without a ground floor commercial unit provided the following requirements are met:

1.

Minimum size for one-bedroom dwelling unit of six hundred fifty (650) square feet (does not apply to studios);

2.

Minimum size for two-bedroom dwelling unit of nine hundred (900) square feet;

3.

Parking should be met in full on-site or the conversion does not result in the creation a net parking deficiency relative to the pre-adaptive re-use parking requirement; and

4.

The applicant may increase the FAR up to 88:1 if shown to be necessary for safety improvements such as stairways and elevators. If the building's FAR exceeds 88:1 in its existing, pre-adaptive re-use condition, then no additional floor area can be created.

(Ord. No. O-072501, § I, 7-16-25)

Any roof with an incline at or less than 12.5 degrees shall be considered a "flat roof". Flat roofs shall be required to either be a white roof, a green roof, or have solar panels. This rule shall not apply to single- and two-family homes.

(Ord. No. O-022201, § VII, 2-16-22)