Nutley City Zoning Code
ARTICLE V
General Regulations
§ 700-7 Regulations applicable in all districts.
A.
No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose other than is included among the uses listed in this article as permitted in the district in which such building or land is located nor in any manner contrary to any of the requirements specified in this article.
B.
No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limit designated in Article VIII for the district in which such building is located.
C.
No building shall hereafter be erected nor shall any existing building be structurally altered, enlarged, rebuilt or moved, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot width and area, building location, percentage of lot coverage by building area and by impervious surface, minimum habitable floor area, off-street parking space, off-street loading space and other space and area regulations designated in Articles VIII and XIII for the district in which such building or space is located, subject to such modifications thereof and such general provisions as are set forth in said articles.
D.
Off-street parking space and off-street loading space shall be provided as specified in Article XIII and shall be provided with necessary passageways and driveways appurtenant thereto and giving access thereto. All such parking space and loading space, together with such passageways and driveways, 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 except as otherwise provided in said article.
E.
No yard or other open space provided contiguous to any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
F.
Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such 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, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
G.
Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building, the actual construction of which was lawfully begun prior to the time this chapter or any amendment thereof affecting the same takes effect and on which building actual construction is completed within one year after such time.
§ 700-8 Permitted uses in all districts.
A.
The following uses may be established in any district except the PRD Zone without regard to any other provision of this article:
(1)
Uses and buildings that are customarily accessory and incidental to uses permitted in the district on the same lot therewith, except as otherwise regulated in this chapter.
(3)
Uses of land and erection of buildings by the Township for governmental purposes, including municipal uses which are proprietary in their function.
B.
The following uses may be established in any district except the B-3A District and PRD District without regard to any other provision of this article:
(1)
Public parks and playgrounds, together with recreational, administrative and service buildings appurtenant thereto.
D.
Child-care centers shall be permitted in all nonresidential districts in accordance with Municipal Land Use Law.
§ 700-9 Permitted uses in R-1 Zoning District.
The following uses are permitted in the R-1 Zoning District:
A.
Single-family dwellings, not to exceed one dwelling unit on each lot. No other principal use is permitted on the same lot with a single-family dwelling. Each single-family dwelling shall have two parking spaces, at least one of which is in a garage.
B.
Home occupation and home professions, Categories A (on any floor) and B (on first floor only), provided that:
C.
A one-story private automobile garage housing no more than three motor vehicles as an accessory building or attached to the dwelling structure is required.
D.
A noncommercial swimming pool as an accessory use, subject to the following:
(1)
The pool shall be located on the rear 50% of the lot and in no case closer to a street line than 50 feet.
(2)
The pool shall be no closer than eight feet to any side or rear lot line; or nearer to the side street line of a corner lot than the main building on the lot; or if the abutting lot to the rear faces said street line, then the distance equal to the depth of the front yard required on said lot to the rear. However, in no case shall a swimming pool on a corner lot be required to be set back more than 25 feet from a side street.
(3)
An approved fence at least four feet high shall surround such a structure and shall contain a gate capable of being securely fastened and locked by the owner, except that above grade pools shall be exempt from this section if it complies with applicable state codes.
(4)
Before issuing a construction permit, the Construction Official shall consult the Township Health Office to ascertain that the plans submitted will not result in construction detrimental to the health of the community.
(5)
Application for a construction permit shall include three sets of plans and specifications or proper descriptive brochures, together with a site plan, drawn to scale, showing the entire lot upon which the pool is proposed to be constructed, including elevations, and shall show the location of any overhead electrical conductors in the pool area. Plans shall also include information sufficient to indicate the means for water disposal and maintaining the pool in a generally sanitary condition.
(6)
All pumps, heaters and filtration systems shall be kept at a maximum distance from all property lines and shall be at least four feet from any property line.
(7)
All outside lights for illumination of the pool and the area devoted to the pool shall be so installed and maintained as to eliminate glare and to prevent annoyance to occupants of adjoining premises.
(8)
All electrical wiring for lights and power in connection with swimming pools shall be installed in strict accordance with the requirements of the National Electrical Code.
(9)
The swimming pool and surrounding area shall comply with standard state codes and all other applicable codes.
E.
Home occupations and home professions during national emergencies.
(1)
If, as a result of any national emergency, any resident engaged in a home profession or home occupation is ordered by the government of the United States or the government of the State of New Jersey or any of their various political subdivisions, departments or agencies to actively serve the United States of America and as a result thereof such individual finds it necessary to leave his occupation or profession, then, notwithstanding the definitional language contained in § 700-3, said residents may locate and hire another or others as are necessary to adequately cover and maintain the profession or occupation in his absence, provided a certificate of change of occupancy is obtained by said resident.
(2)
In addition to the period of time the resident is actively serving the United States of America, the individual or individuals who are covering and maintaining the occupation or profession may assist him during transition periods immediately prior to his departure and immediately subsequent to his return. These periods shall be sufficient to ensure an adequate transfer of information and to maintain the occupation or profession in a businesslike manner, not to exceed 90 days.
§ 700-10 Permitted uses in R-1A Zoning District.
The following uses are permitted in the R-1A Zoning District:
A.
Uses and buildings permitted in the R-1 District, as prescribed.
§ 700-11 Permitted uses in R-1AA Zoning District.
The following uses are permitted in the R-1AA Zoning District:
A.
Uses and buildings permitted in the R-1A Zoning District as prescribed.
§ 700-12 Permitted uses in R-2 Zoning District.
The following uses are permitted in the R-2 Zoning District:
§ 700-13 Permitted uses in R-3 Zoning District.
The following uses are permitted in the R-3 Zoning District:
§ 700-14 Permitted uses in R-SC Zoning District.
§ 700-15 Permitted uses in B-1 Zoning District.
The following uses are permitted in the B-1 Zoning District:
A.
Professional offices.
[Amended 2-19-2019 by Ord. No. 3414]
B.
Business offices.
[Amended 2-19-2019 by Ord. No. 3414]
C.
Financial institutions without drive-in facilities.
D.
Medical laboratories as an accessory use or a principal use, for the testing related to the medical care of humans and excluding use of animals for testing or experimentation.
E.
Neighborhood retail stores and personal and household service establishments, as defined in Article III. No loading or unloading across any sidewalk is permitted. No crating, outdoor display and/or outdoor sales are permitted, except that occasional outdoor sales may be held as provided by Ordinance No. 1845.[1]
[1]
Editor's Note: Said Ord. No. 1845, adopted 4-15-1975, as amended 7-2-1991 by Ord. No. 2358, and which comprised original Ch. 190, Sales and Displays, Outdoor, of the 1978 Code, was repealed 12-4-2007 by Ord. No. 3039.
F.
Mortuaries.
H.
Restaurants, but excluding drive-in restaurants.
I.
Take-out food establishments.
K.
Mixed use buildings for commercial and residential uses subject to § 700-40.
[Amended 2-19-2019 by Ord. No. 3414]
L.
Discount store, except that no discount store shall be located within 1,000 feet of another discount store business; the distance between such discount store businesses shall be measured from the nearest entrance of the existing discount store to the nearest entrance of the premises where the other establishment is sought to be located along the route that a pedestrian would normally walk.
M.
Automobile parking lots on premises other than those upon which the use is located and which are needed for partial or complete compliance to minimum off-street parking requirements of Article XIII, subject to the following standards:
(1)
The Zoning Official must review the proposed off-premises site and make a determination of suitability.
(2)
All such spaces through ownership or long-term lease shall be under the control of the owner or operator of the use to which such spaces are appurtenant. The legal instrument containing proof of ownership or lease shall be filed with the application. The certificate of occupancy for use or uses served by the off-premises parking spaces granted under this subsection shall be valid only for such time period as the facilities are available as required, unless application is made for an alternate location or variance, as the case may be.
(3)
All such parking areas shall be located on the same street and within 500 feet of the entrance to the building which the parking area serves.
(4)
No such parking areas shall be located in any district where the use it serves is prohibited.
(5)
During or prior to approval, reports from the Department of Public Safety concerning policing, traffic and pedestrian activity shall be received and considered. The Construction Official may impose conditions in approving the use to insure that the parking lot shall be properly integrated and sufficiently screened so as not to be offensive or detrimental to adjoining residential properties. The Construction Official shall also have the authority to specify any conditions as to security and operations it may deem reasonably necessary.
(6)
Notwithstanding any other section of this chapter, where an off-premises parking lot adjoins a residential use or residential zone, there shall be a minimum of a six-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least a minimum of six feet high at planting.
N.
Commercial schools.
§ 700-16 Permitted uses in B-2 Zoning District.
The following uses are permitted in the B-2 Zoning District:
A.
Neighborhood retail stores and personal and household service establishments, as defined in Article III. No loading or unloading across any sidewalk is permitted. No crating, outdoor display and/or outdoor sales are permitted, except that occasional outdoor sales may be held as provided by Ordinance No. 1845.[1]
[1]
Editor's Note: Said Ord. No. 1845, adopted 4-15-1975, as amended 7-2-1991 by Ord. No. 2358, and which comprised original Ch. 190, Sales and Displays, Outdoor, of the 1978 Code, was repealed 12-4-2007 by Ord. No. 3039.
B.
Professional and business offices.
C.
Bars and taverns.
D.
Restaurants, but not drive-in restaurants or fast-food establishments.
E.
Take-out food establishments.
F.
Financial institutions without drive-in facilities.
G.
Residence on the second floor of business buildings only.
H.
Amusement devices as an accessory use as defined in and subject to requirements of § 700-38 hereof.
J.
Discount store, except that no discount store shall be located within 1,000 feet of another discount store business; the distance between such discount store businesses shall be measured from the nearest entrance of the existing discount store to the nearest entrance of the premises where the other establishment is sought to be located along the route that a pedestrian would normally walk.
K.
Commercial school.
L.
Automobile parking lots on premises other than those upon which the use is located and which are needed for partial or complete compliance to minimum off-street parking requirements of Article XIII, subject to the following standards:
(1)
The Zoning Official must review the proposed off-premises site and make a determination of suitability.
(2)
All such spaces through ownership or long-term lease shall be under the control of the owner or operator of the use to which such spaces are appurtenant. The legal instrument containing proof of ownership or lease shall be filed with the application. The certificate of occupancy for use or uses served by the off-premises parking spaces granted under this subsection shall be valid only for such time period as the facilities are available as required, unless application is made for an alternate location or variance, as the case may be.
(3)
All such parking areas shall be located on the same street and within 500 feet of the entrance to the building which the parking area serves.
(4)
No such parking areas shall be located in any district where the use it serves is prohibited.
(5)
During or prior to approval, reports from the Department of Public Safety concerning policing, traffic and pedestrian activity shall be received and considered. The Construction Official may impose conditions in approving the use to insure that the parking lot shall be properly integrated and sufficiently screened so as not to be offensive or detrimental to adjoining residential properties. The Construction Official shall also have the authority to specify any conditions as to security and operations it may deem reasonably necessary.
(6)
Notwithstanding any other section of this chapter, where an off-premises parking lot adjoins a residential use or residential zone, there shall be a minimum of a six-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least a minimum of six feet high at planting.
§ 700-17 Permitted uses in B-3 Zoning District.
The following uses are permitted in the B-3 Zoning District:
A.
Professional and business offices.
B.
Financial institutions.
C.
Restaurants, bars and taverns, but excluding drive-in restaurants.
D.
Bowling alleys, theaters and other indoor amusement services, including amusement devices as an accessory use as set forth in § 700-38 hereof, commercial schools and colleges.
E.
Take-out food establishments.
F.
Service establishments - personal and household.
G.
Printing establishments, provided that no individual motor exceeds five horsepower.
H.
Telephone exchange, bus or railroad passenger station, United States Post Office.
I.
Stores devoted to retail commerce where goods are sold directly to the customer for personal use or household use, with or without processing on the premises for such retail sale, but excluding the processing, repair or renovating of bedding and excluding the sale of motor vehicles, boats, lumber, masonry, roofing or siding where an inventory is maintained on the premises. No crating, outdoor displays and/or outdoor sales are permitted except that occasional outdoor sales may be held as provided by Ordinance No. 1845.[1]
[1]
Editor's Note: Said Ord. No. 1845, adopted 4-15-1975, as amended 7-2-1991 by Ord. No. 2358, and which comprised original Ch. 190, Sales and Displays, Outdoor, of the 1978 Code, was repealed 12-4-2007 by Ord. No. 3039.
J.
Mixed use buildings for commercial and residential uses subject to § 700-40.
[Amended 2-19-2019 by Ord. No. 3414]
K.
Business establishments having amusement devices as a principal use, provided that all of the following requirements are met:
(1)
There shall be 60 square feet of operating area for each amusement device. The calculation of the operating area shall exclude any area of the premises which is used for other purposes but shall include access and walkways primarily serving said amusement device.
(2)
At least one attendant over the age of 18 years shall be present at all times the business is open.
(3)
Amusement devices in such establishments shall not be operated after 11:00 p.m. and before 9:00 a.m.
(4)
No amusement device shall be used, placed, maintained or operated in any back room of the premises where the device is licensed.
(6)
No amusement device shall be used, placed, maintained or operated in any premises within 500 feet of a school, church or other house of worship. The distance shall be measured from the nearest entrance of the school or church to the nearest entrance of the premises on which the amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
(7)
No business establishment having amusement devices as a principal use shall be located within 2,000 feet of another business establishment having amusement devices as a principal use. The distance shall be measured from the nearest entrance of the existing establishment to the nearest entrance of the premises where the other establishment is sought to be located along the route that a pedestrian would normally walk.
(8)
No business establishment having amusement devices as a principal use shall be located in a building in which any portion of such building is used for residential purposes.
L.
Discount store, except that no discount store shall be located within 1,000 feet of another discount store business; the distance between such discount store businesses shall be measured from the nearest entrance of the existing discount store to the nearest entrance of the premises where the other establishment is sought to be located along the route that a pedestrian would normally walk.
M.
Commercial school.
N.
Automobile parking lots on premises other than those upon which the use is located and which are needed for partial or complete compliance to minimum off-street parking requirements of Article XIII, subject to the following standards:
(1)
The Zoning Official must review the proposed off-premises site and make a determination of suitability.
(2)
All such spaces through ownership or long-term lease shall be under the control of the owner or operator of the use to which such spaces are appurtenant. The legal instrument containing proof of ownership or lease shall be filed with the application. The certificate of occupancy for use or uses served by the off-premises parking spaces granted under this subsection shall be valid only for such time period as the facilities are available as required, unless application is made for an alternate location or variance, as the case may be.
(3)
All such parking areas shall be located on the same street and within 500 feet of the entrance to the building which the parking area serves.
(4)
No such parking areas shall be located in any district where the use it serves is prohibited.
(5)
During or prior to approval, reports from the Department of Public Safety concerning policing, traffic and pedestrian activity shall be received and considered. The Construction Official may impose conditions in approving the use to insure that the parking lot shall be properly integrated and sufficiently screened so as not to be offensive or detrimental to adjoining residential properties. The Construction Official shall also have the authority to specify any conditions as to security and operations it may deem reasonably necessary.
(6)
Notwithstanding any other section of this chapter, where an off-premises parking lot adjoins a residential use or residential zone, there shall be a minimum of a six-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least a minimum of six feet high at planting.
§ 700-18 Permitted uses in B-3A Zoning District.
A.
The following uses are permitted in the B-3A Zoning District:
(1)
Professional and business offices.
(2)
Restaurants and bars which serve food, excluding drive-in restaurants or fast food.
(3)
Take-out food establishments.
(4)
Theaters.
(5)
Service establishments (personal and household).
(6)
Printing and copier services for retail customers.
(7)
United States Post Office.
(8)
Bus station.
(9)
Stores devoted to retail commerce where goods are sold directly to the customer for personal use or household use, with or without processing on the premises for such retail sale, but excluding the processing, repair or renovating of bedding and excluding the sale of motor vehicles, boats, lumber, masonry, roofing or siding where an inventory is maintained on the premises. No crating, outdoor displays and/or outdoor sales are permitted except that occasional outdoor sales may be held as provided by Ordinance No. 1845.[1]
[1]
Editor's Note: Said Ord. No. 1845, adopted 4-15-1975, as amended 7-2-1991 by Ord. No. 2358, and which comprised original Ch. 190, Sales and Displays, Outdoor, of the 1978 Code, was repealed 12-4-2007 by Ord. No. 3039.
(10)
Mixed use buildings for retail, service and office uses (residential prohibited).
[Amended 2-19-2019 by Ord. No. 3414]
(11)
Discount store, except that no discount store shall be located within 1,000 feet of another discount store business; the distance between such discount store businesses shall be measured from the nearest entrance of the existing discount store to the nearest entrance of the premises where the other establishment is sought to be located along the route that a pedestrian would normally walk.
B.
A dense evergreen screening at least five feet in height and width shall be provided and maintained along the side and rear lot lines of any premises in the B-3A District devoted to commercial or industrial use where abutting a residence or an R Zoning District.
C.
No outdoor storage operation shall utilize a front yard.
D.
Commercial schools.
E.
Automobile parking lots on premises other than those upon which the use is located and which are needed for partial or complete compliance to minimum off-street parking requirements of Article XIII, subject to the following standards:
(1)
The Zoning Official must review the proposed off-premises site and make a determination of suitability.
(2)
All such spaces through ownership or long-term lease shall be under the control of the owner or operator of the use to which such spaces are appurtenant. The legal instrument containing proof of ownership or lease shall be filed with the application. The certificate of occupancy for use or uses served by the off-premises parking spaces granted under this subsection shall be valid only for such time period as the facilities are available as required, unless application is made for an alternate location or variance, as the case may be.
(3)
All such parking areas shall be located on the same street and within 500 feet of the entrance to the building which the parking area serves.
(4)
No such parking areas shall be located in any district where the use it serves is prohibited.
(5)
During or prior to approval, reports from the Department of Public Safety concerning policing, traffic and pedestrian activity shall be received and considered. The Construction Official may impose conditions in approving the use to insure that the parking lot shall be properly integrated and sufficiently screened so as not to be offensive or detrimental to adjoining residential properties. The Construction Official shall also have the authority to specify any conditions as to security and operations it may deem reasonably necessary.
(6)
Notwithstanding any other section of this chapter, where an off-premises parking lot adjoins a residential use or residential zone, there shall be a minimum of a six-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least a minimum of six feet high at planting.
§ 700-19 Permitted uses in B-4 Zoning District.
A.
The following uses and buildings shall be permitted in B-4 District:
(1)
Neighborhood retail stores and personal and household service establishments, as defined in Article III. No loading or unloading across any sidewalk is permitted. No crating, outdoor display and/or outdoor sales are permitted, except that occasional outdoor sales may be held as provided by Ordinance No. 1845.[1]
[1]
Editor's Note: Said Ord. No. 1845, adopted 4-15-1975, as amended 7-2-1991 by Ord. No. 2358, and which comprised original Ch. 190, Sales and Displays, Outdoor, of the 1978 Code, was repealed 12-4-2007 by Ord. No. 3039.
(2)
Storage and sales facilities for building materials.
(3)
Laboratories for research, analysis, design and/or experimentation.
(4)
Bar, restaurants and take-out food establishments.
(5)
Automotive sales agencies for the sale of new motor vehicles and parts within a building and external building sales of vehicles only.
(6)
Laundries, dry-cleaning and dyeing plants.
(7)
Printing establishments, provided that no individual motor exceeds 10 horsepower.
(8)
Commercial greenhouses.
(9)
Commercial schools.
(10)
Light assembly as follows: the manufacture, compounding, processing, packaging or treatment of apparel, art goods, photographic equipment, millinery, precision instruments, musical instruments, housewares and similar items.
(12)
Mixed use commercial and retail (residential prohibited).
[Amended 2-19-2019 by Ord. No. 3414]
(13)
Service establishment - business.
B.
A dense evergreen screening at least five feet in height and width shall be provided and maintained along the side and rear lot lines of any premises in the B-4 District devoted to commercial or industrial use where abutting a residence or an R Zoning District.
C.
No outdoor storage operation shall utilize a front yard.
D.
Automobile parking lots on premises other than those upon which the use is located and which are needed for partial or complete compliance to minimum off-street parking requirements of Article XIII, subject to the following standards:
(1)
The Zoning Official must review the proposed off-premises site and make a determination of suitability.
(2)
All such spaces through ownership or long-term lease shall be under the control of the owner or operator of the use to which such spaces are appurtenant. The legal instrument containing proof of ownership or lease shall be filed with the application. The certificate of occupancy for use or uses served by the off-premises parking spaces granted under this subsection shall be valid only for such time period as the facilities are available as required, unless application is made for an alternate location or variance, as the case may be.
(3)
All such parking areas shall be located on the same street and within 500 feet of the entrance to the building which the parking area serves.
(4)
No such parking areas shall be located in any district where the use it serves is prohibited.
(5)
During or prior to approval, reports from the Department of Public Safety concerning policing, traffic and pedestrian activity shall be received and considered. The Construction Official may impose conditions in approving the use to insure that the parking lot shall be properly integrated and sufficiently screened so as not to be offensive or detrimental to adjoining residential properties. The Construction Official shall also have the authority to specify any conditions as to security and operations it may deem reasonably necessary.
(6)
Notwithstanding any other section of this chapter, where an off-premises parking lot adjoins a residential use or residential zone, there shall be a minimum of a six-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least a minimum of six feet high at planting.
§ 700-20 Permitted uses in M Zoning District.
A.
The following uses shall be permitted in the M Zoning District:
B.
No outdoor storage operation shall utilize a front yard.
C.
A dense evergreen screening at least five feet in height and width shall be provided and maintained along the side and rear lot lines of any premises in the M Zoning District devoted to commercial or industrial use where abutting a residence or an R Zoning District.