Norwood City Zoning Code
ARTICLE IV
General Regulations
§ 233-10 Compliance with zone regulations.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, reconstructed, rebuilt or converted, nor shall any land or building be designed, used, or intended to be used for any purposes whatsoever unless such building or use complies with all other zone regulations established by this chapter for the zone in which the building or land is located. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage and such other regulations designated in § 233-1 and all regulations established by this chapter for the zone in which such building or space is located.
§ 233-11 Number of buildings in certain zones restricted.
No lot in zones R-40, R-22.5, R-10, R-7.5 shall have erected upon it more than one residential building and its accessory building(s).
§ 233-12 Frontage.
Every principal building shall be built upon a lot with frontage upon a dedicated public street.
§ 233-13 Off-street parking.
Off-street parking space shall be provided as specified herein and shall be accessible to a street by means of necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. No use, display of goods or permanent parking facilities shall be permitted in any required front yard. No commercial vehicles of over 3/4 ton type shall be parked out of doors overnight in any residential zone and such overnight parking by commercial vehicles of 3/4 ton or less shall be in a driveway or garage. No commercial vehicles of any type shall be parked on the street itself in any residential zone, except for delivery or service to or for residences on the said street.
§ 233-14 New buildings.
Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open spaces in connection therewith. No permit shall be issued for the erection of a new building on the new lot thus created unless it complies with all the provisions of this chapter.
§ 233-14.1 New streets; distance between streets; length of streets.
[Added 2-25-2004 by Ord. No. 04:01]
A.
Any newly developed street shall be a distance of not less than 750 linear feet from any point of an existing street on the same side of the street as the proposed new street.
B.
Any newly developed street ending in a cul-de-sac shall have a minimum length of 600 feet, measured from the intersection of the street to be created with the existing street to the farthest part of the cul-de-sac bulb.
§ 233-15 Accessory buildings.
A.
An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.
B.
No accessory building or structure shall be constructed or placed on any lot unless the principal building is first constructed or placed upon the lot.
C.
When the rear yard of a corner lot adjoins the front yard of a lot to the rear, no accessory building on such corner lot shall be located nearer to the street line of the street on which the lot to the rear faces than a distance equal to the depth of front yard required on such lot to the rear.
§ 233-16 Corner lots.
Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets.
§ 233-17 Yards and open spaces.
[Amended 10-5-2004 by Ord. No. 04:17]
A.
General regulations.
(1)
No building, structure or any part thereof shall project into any required front, side or rear yard except as provided hereafter. When used in this section, "required yard" means front, side and rear yards as required by this chapter.
(2)
No required yard or open space in connection with any building or use shall be considered as providing a required yard or open space for any other building on the same or any other lot.
B.
Projections into required yards - general exceptions.
(1)
The projection of parapets, windowsills, doorposts, rainwater leaders, roof gutters, and similar ornamental or structural fixtures may project a maximum distance of not more than six inches into required yards.
[Amended 12-14-2016 by Ord. No. 16:26]
(2)
Cornices, canopies, bay windows, window wells, balconies, landings, and other similar architectural features may project a maximum distance of not more than two feet into required yards. Egress openings no larger than 27 square feet may project into any required yards. Front steps may project a distance of not more than four feet into a required front yard. A sidewalk, not wider than five feet, is permitted from the front steps or door to the driveway or to the street. The encroachments listed above are permitted only if the improvements on the lot otherwise comply with all of the other applicable regulations, including, but not limited to, maximum lot coverage and improved lot coverage, set forth in this Code.
[Amended 9-14-2016 by Ord. No. 16:21; 12-14-2016 by Ord. No. 16:26; 6-14-2017 by Ord. No. 17:06]
(3)
Chimneys or flues may project a maximum distance of not more than three feet into required yards.
(5)
Fences and walls may project into any required yard, subject to the applicable regulations set forth in this Code.
(6)
Patios may project into any required rear yard of any residential lot located in the R-7.5 and R-10 Zoning Districts for a distance that is the lesser of one-third of the required depth of the rear yard or one-third of the depth of the rear yard when measured from its narrowest point, provided that the structures on the lot otherwise comply with all of the other applicable regulations set forth in this Code.
[Added 9-14-2016 by Ord. No. 16:21;; amended 4-13-2016 by Ord. No. 16:01]
(7)
Walkways of any residential lot located in the R-7.5 and R-10 Zoning Districts may project a maximum distance of not more than three feet into required yards, provided that the walkways are no wider than three feet, are not covered by a permanent roof, and all improvements on the lot otherwise comply with all of the other applicable regulations, including, but not limited to maximum lot coverage and improved lot coverage, set forth in this Code.
[Added 9-14-2016 by Ord. No. 16:21]
(8)
Driveways may project into front or side yards from the face of the primary structure or detached garage to the R.O.W., provided that all improvements on the lot otherwise comply with all of the other applicable regulations, including, but not limited to maximum lot coverage and improved lot coverage, set forth in this Code. The width of a driveway will be approximately sized based on the size of the garage it services, but not driveway may be wider than 10 feet for each car that can fit in the garage, excluding tandem parking.
[Added 9-14-2016 by Ord. No. 16:21]
C.
Front yard requirements affected by Master Plan or Official Map. If any lot fronts upon a street or right-of-way that is proposed to be widened as indicated on an Official Map or an adopted Master Plan of the Borough, then the front yard shall be measured from the proposed future right-of-way line.
D.
Front yard requirement affected by future widening. If any lot fronts upon a street or right-of-way that is proposed to be widened by a proposed dedication of land for a right-of-way widening or a proposed easement for road widening purposes, then the front yard shall be measured from the proposed future right-of-way or easement line.
§ 233-18 Obstructions to vision at street intersections.
At the intersection or interception of two or more streets no hedge or wall higher than three feet above curb level, nor any obstruction to vision other than a post not exceeding one square foot in cross-section area shall be permitted to be installed on any lot within the triangular area formed by the intersecting street lines bounding the lot or the projection of such lines and by a line connecting a point in each street line located 25 feet from the intersection of the street lines.
§ 233-19 Permitted incidental uses.
A.
Nothing in this section shall be deemed to prohibit the following accessory and incidental uses in addition to those specified in the schedule in § 233-7 and to the regulations in this chapter:
B.
Customary recreational and service uses and buildings in a public park, playground, beach or other recreational areas, incidental to the recreational use of such area.
C.
In all zoning districts, a trailer or modular unit may be temporarily located at a construction site to be used as a sales or rental office open to the public, provided that the following conditions are satisfied:
[Added 3-8-2017 by Ord. No. 17:01]
(1)
The trailer or modular unit is used for the sale or lease of residential and/or nonresidential buildings built or to be built on the site on which the trailer or modular unit is to be located.
(2)
The trailer or modular unit is not used to store construction materials.
(3)
Prior subdivision or site plan approval has been obtained for the residential and/or nonresidential development for which the trailer or modular unit will be used.
(4)
In order to obtain a zoning permit for a sales trailer or a modular unit, the applicant must provide proof that the sales trailer or modular unit design and location has been approved by the Construction Code Official and the Zoning Officer.
(5)
No trailer or modular unit will remain on the premises for more than two years after the date on which the first construction permit is issued, or seven days after the date on which a certificate of occupancy is issued for the last residential or nonresidential unit built and occupied on the premises, whichever occurs first.
§ 233-20 Professional offices.
A professional office, when conducted in a residential zone, shall be incidental to the use of the dwelling for dwelling purposes, shall be conducted by a member of the immediate family residing on the premises and entirely within the residential building, and in no case shall the number of employees in any such professional office exceed two in addition to the professional residing on the premises. The practice of the profession shall in no way adversely affect the safe and comfortable enjoyment of the property rights in the zone.
§ 233-21 Permit required for mechanical and automatic machines.
No coin-operated dispenser, including mechanical and automatic machines, in which a product is dispensed or a service rendered, will be permitted, except to dispense staple food items. Machines must be attached to a principal building and located only in the Business B Zone. The location of all such machines must not interfere with normal pedestrian or vehicular traffic; such determination is to be made by the law enforcing officials of the Borough. A permit must be secured from the Construction Official for all such installations. The fee for a permit shall be $5 for each and every dispenser.
§ 233-22 Water and sewage systems.
Facilities for the provision of water or sewage systems to the uses permitted in the Borough shall comply in all respects with the statutes relating to waters, water supplies and sewage systems of the Board of Health of Norwood and the Department of Health of the State of New Jersey.
§ 233-23 Public utility uses.
[Amended 2-6-2001 by Ord. No. 01:01]
The Planning Board may authorize at its discretion, the issuance of a special permit in residential zones for any of the following buildings or uses: a telephone exchange, a substation or other public utility building, except a storage yard, garage or workshop. Such special permits may be issued however, only upon compliance with the following regulations:
A.
Detailed site plans and specifications and a statement setting forth the need and purpose of the installation shall be submitted to the Planning Board and shall comply with the provisions of this chapter.
B.
The design of any structure or building shall conform to the general area and shall not adversely affect the safe and comfortable employment of property rights of the zone in which it locates.
C.
Adequate and attractive fences and other safety devices shall be provided as determined by the Planning Board and also sufficient landscaping, including shrubs, trees and lawn shall be provided and maintained.
D.
Satisfaction of such other conditions as to general character, height and use of the structure as in the opinion of the Planning Board may be necessary to safeguard public health, comfort and convenience and as may be required for the preservation of the general character of the neighborhood in which such building is to be placed or such use to be conducted.
§ 233-23.1 Conditional uses.
[Added 10-6-2009 by Ord. No. 09:10]
The following are conditional uses that are permitted uses only on the conditions set forth herein:
A.
Communications towers are permitted subject to the following conditions:
(1)
Communications towers with communications antennas shall be permitted only on property that is located in the Light Industrial Zone and the Laboratory Administrative Zone. Communications towers with communications antennas are prohibited uses in all other zoning districts in the Borough;
[Amended 12-30-2009 by Ord. No. 09:13]
(2)
The Mayor and Council of the Borough must give its consent before Borough property may be used for a communications tower. This consent shall be in the form of a resolution of approval adopted by the Mayor and Council of the Borough;
(3)
No communications tower shall be erected or operated on Borough property, except pursuant to a license issued by the Mayor and Council or a lease entered into between the operator of the facility and the Borough;
[Amended 12-30-2009 by Ord. No. 09:13]
(4)
Communications towers shall either have a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color so as to reduce visual obtrusiveness;
(5)
Communications towers shall not be artificially lighted unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternative and design chosen must cause the least disturbance to the surrounding properties;
(6)
No signs shall be allowed on a communications tower;
(7)
The minimum lot area for any lot on which a communications tower is located is two acres;
[Added 12-30-2009 by Ord. No. 09:13]
(8)
The maximum permitted height of a communications tower is 100 feet;
[Added 12-30-2009 by Ord. No. 09:13]
(9)
Communications towers will be set back a distance that is at least 100% of the height of the tower, except that the setback will be at least 200 feet or 300% of the tower's height, whichever is greater, from all lot lines that are adjacent to any residential use, residential zone, park, school, or house of worship;
[Added 12-30-2009 by Ord. No. 09:13]
(10)
A minimum of two off-street parking spaces (10 feet by 20 feet in size for each space) will be provided;
[Added 12-30-2009 by Ord. No. 09:13]
(11)
All communications towers will be enclosed by security fencing that is at least six feet high. The fencing will be equipped with anti-climbing devices;
[Added 12-30-2009 by Ord. No. 09:13]
(12)
The following requirements shall govern the landscaping surrounding communications towers for which site plan approval is required:
[Added 12-30-2009 by Ord. No. 09:13]
(a)
The lot on which a tower is located will be landscaped with a buffer of plant materials that effectively screens the view of the communications tower and any related structures from any adjacent property used as a residence. The standard buffer shall consist of a landscaped strip, at least four feet wide, outside the perimeter of the communications tower and related compound;
(b)
In locations where the visual impact of the tower would be minimal, the Board may determine that the landscaping requirement may be reduced or waived; and
(c)
Existing mature tree growth and natural land forms on the site will be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer;
(13)
The equipment cabinets or structures used in association with communications towers will be located in accordance with the following:
[Added 12-30-2009 by Ord. No. 09:13]
(a)
In a front or side yard, the cabinet or structure will be no greater than six feet in height or 100 square feet of gross floor area, and the cabinet/structure will be screened by an evergreen hedge with an ultimate height of at least 42 inches to 48 inches and a planted height of at least 36 inches;
(b)
In a rear yard, the cabinet or structure will be no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure will be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches;
(c)
In all other instances, structures or cabinets will be screened from view of all properties that abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches;
(d)
Emergency generators will be located below grade with suitable soundproofing so that noise volumes measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed; and
(e)
Equipment storage buildings or cabinets will comply with all applicable building codes;
(14)
The development application for a communications tower must indicate the proposed flight safety illumination; and
[Added 12-30-2009 by Ord. No. 09:13]
(15)
The development application for a communications tower must demonstrate appropriate means to camouflage the tower and antennas so that the structure and color match the background area as much as possible.
[Added 12-30-2009 by Ord. No. 09:13]
§ 233-23.2 Fences.
[Added 6-8-2016 by Ord. No. 16:09]
A.
All fences erected on residential property in the Borough of Norwood are subject to the following requirements:
[Amended 3-14-2018 by Ord. No. 18:02; 9-13-2023 by Ord. No. 2023:11]
(1)
A fence permit is required to be issued by the zoning officer for all fences, except living fences, erected in the Borough.
(2)
No fence erected on or around a residential lot or parcel of land may exceed six feet in height. Preconstructed fences of a standard six-foot height must be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum height of six feet.
(3)
No fence may be erected on a front yard of any lot in residential zone or along a public right-of-way unless the fence is less than 50% solid and is not more than four feet in height.
(4)
Fences must be constructed with the face of the finished side facing away from the subject residential property and the structural side toward that property.
(5)
Fences that are painted will be painted in only one color that is harmonious with the surrounding area. Multicolor fences are prohibited.
(6)
Fences must be erected in a manner so as to permit the flow of natural drainage and may not cause surface water to be blocked or dammed to create ponding.
(7)
Fences higher than the six feet, including but not limited to those required around a tennis court, may be permitted in a residential zone by the Zoning Board of Adjustment. However, these fences will be considered structures, requiring building permits, and will comply with the minimum side and rear yard requirements for accessory buildings.
(8)
Fences around permanent swimming pools and portable pools will comply with the requirements of Code § 233-261.
(9)
The following fences and fencing materials are prohibited: barbed-wire fences; short fences with points; canvas, cloth and electrically charged fences; poultry netting; fences constructed of woven, interwoven or laced plastic material; temporary fences, such as snow fences; expandable fences; and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction on such property.
(10)
Every fence must be maintained in a safe, sound, and upright condition and in accordance with the approved plan on file with the Zoning Officer.
(11)
All fences must be erected within the property lines. No fences may be erected so as to encroach upon a public right-of-way or to interfere with the vehicular or pedestrian traffic or with visibility on corner lots. The minimum distance to the front property line shall not be less than 10 feet.
(12)
A fence must be placed on the property owned by the person erecting that fence but not more than two inches away from the property line to avoid creating a large gap between neighboring fences, unless a written mutual agreement is made by both adjoining property owners involved allowing the fence to be placed on the property line between the two adjoining properties.
(13)
No fence may be erected where it creates a traffic vision barrier.
(14)
Fences shall be kept free from peeling paint and maintained in good appearance. Vinyl fencing shall be in a clean condition and free from dirt, grime, and algae.
(15)
All fences shall be symmetrical in appearance, having posts separated by identical distances and fencing conforming to a definite pattern with the approved plan on file with the Zoning Officer.
B.
No fence may be constructed except upon an application filed with and approved by the Zoning Officer. The Zoning Officer may grant a permit only after the applicant provides the Zoning Officer with a set of plans or a description of the proposed fence and a sketch or survey showing the proposed location of the fence. The proposed fence must be constructed in conformity with the plans or description and must be located as shown on the sketch or survey.
C.
All living fences planted or maintained on residential property in the Borough are subject to the following requirements:
§ 233-23.3 Signs in all zoning districts.
[Added 8-10-2016 by Ord. No. 16:14]
A.
Notwithstanding anything contained in any section of the Code to the contrary, any commercial sign with a commercial message may, at the option of the owner, contain a noncommercial message including a message that is unrelated to any business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion of the sign. The sign face may be changed from commercial to noncommercial messages or from one noncommercial message to another as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback, and other dimensional criteria contained in this Code have been satisfied, or the sign is a nonconforming structure as defined in this Code and the applicable law.
B.
Notwithstanding anything contained in this Code to the contrary, no sign or sign structure is subject to any limitation based upon the content (viewpoint) of the message contained on the sign or displayed on the sign structure.
C.
No person may place any sign other than a governmental sign in the public rights-of-way or on public property in the Borough.
D.
Billboard signs are prohibited in all zoning districts.
E.
All non-temporary signs that are permitted in the Borough and contain letters, numbers, or symbols in a language other than English also must include Roman lettering, symbols in an English translation, and Arabic numbers of sufficient visibility and substance to allow the reasonable identification of the location and means of egress and ingress from and to the premises, and the nature of the activity conducted therein, which is readily apparent to the public, emergency personnel, law enforcement personnel, and other municipal personnel.
F.
All political signs will be removed no later than 11:59 p.m. of the third day after the election to which the signs apply.
G.
All private sale or event signs will be removed no later than 11:59 p.m. of the third day after the sale or event.
H.
All real estate signs will be removed no later than 11:59 p.m. of the third day after the closing of any sale or the execution of any lease for the premises.
I.
All of the provisions of this Code regulating signs are intended to be severable. If any part of these provisions is declared to be unconstitutional or invalid by any court, the remaining parts will remain in full force and effect.