Princeton City Zoning Code
Division 2
Administration and Enforcement
§ B17A-206 Interpretation of district boundaries.
[Ord. No. 77-1, § 2.]
In determining the boundaries of districts shown on the map, the following rules shall apply:
(a)
Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets and alleys.
(b)
Where such boundaries are indicated as approximately following the lot lines of parks or other publicly owned lands, such line shall be construed to follow such boundaries.
(c)
Where a district boundary line is located not farther than 10 feet away from a lot line of record, such boundary lines shall be construed to coincide with such lot line.
(d)
Where a district boundary line is located at least 10 feet but not more than 35 feet away from a lot line of record, the board of adjustment may allow, as a decision upon a special question, such boundary line to be construed to coincide with such lot line.
(e)
Where a district boundary line is located more than 35 feet away from a lot line of record, the board of adjustment may permit as a special exception the extension of the regulations for either portion of the lot into the remaining portion of the lot, for a distance not to exceed 20 feet from the district boundary.
(f)
Unless otherwise shown, the E1 district boundary running parallel to a lot line or street line shall be construed to be 150 feet from such lot line or the right-of-way of such street.
(g)
In all other cases, where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.
§ B17A-207 Protests by property owners against amendments.
[Ord. No. 77-1, § 2.]
A protest against any proposed amendment or revision of the zoning ordinance may be filed with the municipal clerk, signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all the members of the governing body of the municipality.
§ B17A-208 Conditional uses; standards.
[Ord. No. 2004-06, § 2]
Uses listed as a conditional use in a particular district may be permitted by the planning board, only after it has determined that the development proposal complies with the conditions and standards set forth elsewhere in this chapter for the location and operations of such use and with the following specifications and standards:
(a)
That all proposed structures, equipment or materials shall be readily accessible for fire and police protection.
(b)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated, will not significantly impact the environment in an adverse way, and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of said properties.
(c)
That, in addition to the specifications and standards set forth in this section, in the case of a conversion of a residential building in existence on November 19, 1968, to a joint occupancy building, or the conversion of a part of the residential portion of a joint occupancy building to office or other nonresidential use, the following criteria are met:
(1)
That the portion of the structure to be converted to a nonresidential use shall not be located above the remaining residential uses in said structure if said nonresidential use by the nature of its operation can be considered detrimental to the residential living.
(2)
That no floor may be used for both residential and business uses, unless a separate entrance, hallway or stairway provides direct access to each use and that the nonresidential use by the nature of its operation will not be detrimental to residential living immediately contiguous thereto.
(d)
Each application for a conditional use shall be accompanied by a proposed site plan in accordance with the provisions of section B17A-195 and B17A-196 of this Code showing the size and location of the lot, the location of all buildings and proposed facilities, including access driveways, parking areas, and all streets within 200 feet of the lot.
(e)
Any lot for which conditional use approval is granted shall be deemed to be a conforming use in the district in which such use is located, provided that such approval shall affect only the lot or portion thereof for which such use shall have been granted. A conditional use approval shall be valid for one year unless preliminary approval of a site plan for the lot involving the conditional use has been granted, at which time the applicant shall receive the same right as that provided for preliminary approval of site plans as set forth in this chapter.
(f)
Any legally preexisting use located in a district in which it is listed as a conditional use shall be deemed to be an authorized use on the lot or portion thereof on which such use is located. However, any addition or expansion to such use, or any enlargement or reconstruction of a nonconforming building for such use, shall require the approval of the planning board in accordance with the procedures for new conditional uses as established under this section.
(g)
Personal wireless telecommunications facilities and equipment shall be permitted as conditional uses in all districts in the borough.
(1)
Personal wireless telecommunications facilities and equipment must comply with the following conditional use standards:
a.
Height standards. Where permitted, PWTF may exceed the maximum building height limitations, provided the height has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate. PWTEFs are limited to 12 feet in height.
b.
Setback standards. All PWTFs and PWTEFs shall be subject to the minimum yard requirements of the zoning district in which they are located, provided the minimum setback may be increased where necessary to address safety concerns. If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25% of the roof area.
c.
Visual impact standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under section B17A-208(g)(3) shall be deemed more acceptable than lower priority sites.
1.
Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public way. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
2.
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
3.
PWTFs and PWTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.
4.
The applicant must document they are using the least visually obtrusive technology to provide the required service. The applicant must present to the board of jurisdiction information on the available technologies for the proposed location and how the selected technology has the least visual impact.
5.
The board may waive any of the above standards upon the applicant showing that enforcement would prevent the applicant from satisfying its license requirements.
(2)
Personal wireless telecommunications facilities and equipment must also comply with the following requirements, which shall not be construed as conditional use standards:
a.
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Princeton community, PWTFs and PWTEFs shall be permitted as a conditional use in all districts. Proposals on lower priority sites with less visual impact, assessed under B17A-208(g)(4), shall take preference over higher priority sites. Locational priorities shall consist of the following:
1.
The first priority location shall be on lands or structures owned by Princeton Borough if feasible and available;
2.
The second priority location shall be on lands or structures owned by the Princeton Regional School District if feasible and available;
3.
The third priority location shall be collocation on existing PWTFs (or existing water tanks) provided that the new installation does not increase the height by more than 10%; and
4.
The fourth priority location shall be existing buildings, steeples, bell towers, poles or other structures which can be used for PWTEFs and PWTFs in such a manner as to render the antennas and related equipment as visually unobtrusive as possible.
5.
The fifth priority location shall be such locations as the applicant proves are essential to provide required service to the Princeton community.
b.
Site design standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this subdivision:
1.
Collocation. Ordinance limitation on the number of structures on a lot shall not apply when PWTFs and PWTEFs are located on a lot with buildings or structures already on it.
2.
Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by security features, such as a fence, which prevent unauthorized access. Other safety measures such as anti-climbing devices may be considered by the board in accordance with applicable Federal U.S. Department of Labor, Occupational Safety and Health Administration standards and state building code requirements.
3.
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All PWTEFs shall be screened by an evergreen hedge eight to 10 feet in height at planting time and/or a solid fence eight feet in height.
4.
Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTF or PWTEF.
5.
Color. PWTFs and PWTEFs shall be of a color appropriate to the locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
6.
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for onsite maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the planning board.
7.
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.
8.
Lighting. No lighting is permitted except as follows:
(i)
PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(ii)
No lighting is permitted on a PWTF except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
9.
Monopole. Any proposed new telecommunications tower shall be a "monopole" unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
10.
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.
11.
Radio frequency emissions. The FTT gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
12.
Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
13.
Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
14.
PWTFs and PWTEFs, which are located on lands owned by the Borough of Princeton shall be exempt from site plan review. However, such facilities shall comply with the site design standards and zoning requirements set forth in borough code section B17A-208(g)(2)b.
c.
Collocation policy. It is the policy of the Borough of Princeton to minimize the number of PWTFs and to encourage the collocation of antenna arrays of more than one wireless telecommunications service provider on a single support tower.
1.
The municipal engineer shall maintain an inventory of existing PWTF locations within or near the Princeton community.
2.
An applicant proposing a PWTF at a new location shall demonstrate that it made a reasonable attempt to find a collocation site that is technically feasible and that none was practically or economically feasible and shall include in its design the opportunity for collocation by others or explain why collocation is not feasible. Applications within the fourth locational priority are exempt from this requirement.
3.
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Princeton community inventory, any such facilities in the abutting towns which provide service to areas within the Princeton community, any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
4.
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
(i)
How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the Princeton community at the time full service is provided by the applicant throughout the Princeton community.
(ii)
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Princeton community.
(iii)
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near Princeton community by the applicant and, to the extent known, by other providers of wireless communication services within the Princeton community;
(iv)
How the proposed location of the proposed PWTF relates to the objective of collocating the antennas of many different providers of wireless communication services on the same PWTF. Applications within the fourth locational priority are exempt from this requirement; and
(v)
How its plan specifically relates to and is coordinated with the needs of all other providers, to the extent known, of wireless communication services within the Princeton community.
(vi)
The planning board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Princeton's escrow provisions.
§ B17A-209 Special questions - Minor adjustments in district regulations.
[Ord. No. 77-1, § 2]
The board of adjustment may authorize, as a decision upon a special question, minor exceptions to the yard, coverage and other bulk regulations of this chapter, not including the regulations prescribing the maximum floor area ratio and minimum lot area, in connection with an existing building lawfully erected before more restrictive regulations were in effect, in such situations as the following and in other situations which are essentially similar:
(a)
Minor adjustments in the yard and coverage regulations, to allow an appropriate addition to such an existing building.
(b)
Minor adjustments in the requirements for the minimum distance between such an existing principal building and an accessory building.
The board of adjustment may similarly allow on a temporary basis the installation within a one-family dwelling of additional minor cooking and food preparation facilities, elsewhere than in the kitchen area, for the exclusive use of immediate relatives of the principal occupant of the one-family dwelling, which relatives are living in the one-family dwelling. Such temporary allowances shall be for periods of not more than five years and shall be renewable thereafter.
Authorization of such minor adjustments shall be subject to the standards set forth in section B17A-208. The board may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this article.
§ B17A-210 Additional height and floor area for multiple dwelling and joint occupancy buildings and joint occupancy buildings in CB districts.
[Ord. No. 77-1, § 1; Ord. No. 80-24, § 2; Ord. No. 97-2, § I]
The board of adjustment, as a decision upon a special question, may authorize not more than two stories of additional height for multiple dwelling in an RO district and not more than one story of additional height for multiple dwellings and joint occupancy buildings in a CB district. Said additional height, however, shall not permit the dwelling to exceed a total height of 65 feet and the board may authorize an increase in floor area and floor area ratio from 1.5 to 2.5 for joint occupancy buildings in a CB district, provided, that the board makes the following special findings as it pertains to the additional height and/or increased floor area and floor area ratio request before it:
(a)
That such additional height is necessary in order to make it possible to provide, for residents and for persons working in the borough area, low rent or moderate rent housing, which is not otherwise available in adequate quantity.
(b)
That the proposed buildings are part of the master plan, approved by the planning board, for the development of the area, and that with such additional height it will be possible to provide more open space and a more attractive plan for the area.
(c)
That such plan is designed to bring together, rather than to separate, the central business area and adjoining residential areas.
(d)
That no such higher building will be located within 100 feet of a residence district.
(e)
That for additional floor area and floor area ratio, such additional floor area is for residential purposes and the resulting floor area ratio shall not exceed 2.5 overall and shall in no case exceed 1.5 for the nonresidential portion of joint occupancy buildings.
§ B17A-211 Temporary allowance of nonconforming uses or buildings accessory to construction.
[Ord. No. 77-1, § 2.]
The board of adjustment, as a decision upon a special question, may authorize on a temporary basis, for a period not to exceed one year, nonconforming uses or buildings accessory to construction on a lot; provided that such authorization shall be conditional upon written agreement by the owner to discontinue such use and to remove such building at the expiration of the authorization.
§ B17A-212 Hardship variances by board of adjustment conditional upon subdivision, site plan or conditional use approval by planning board.
[Ord. No. 77-1, § 2.]
In cases involving an application to the planning board for a subdivision, site plan or conditional use approval, and also involving a related application to the board of adjustment for a hardship variance that is not within the planning board's jurisdiction, the board of adjustment may condition any grant of the hardship variance upon the planning board's approval of the subdivision, site plan or conditional use.
§ B17A-213 Expiration of variance or conditional use where construction permit not obtained.
[Ord. No. 77-1, § 2; Ord. No. 2008-07, § IV.]
Where the implementation of a variance or a conditional use requires the obtaining of a construction permit, such variance or conditional use shall expire 12 months after the date of the granting or approval thereof unless within such period the construction permit shall be obtained. Should the appellant or applicant fail to obtain the construction permit within such time, the municipal agency that granted such variance or approved such conditional use may authorize for good cause shown and in an appropriate case not more than one twelve-month extension of the period for the obtaining of such construction permit.
§ B17A-214 Zoning permits; requirements.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 3; Ord. No. 97-2, § I; Ord. No. 2008-07, § V.]
(a)
Zoning permits shall be secured from the development enforcement officer, in cases not involving approvals by the board of adjustment or planning board of an application for development, prior to the conversion of the existing use of any land or building or part thereof and prior to the construction, erection or alteration:
(c)
A plot plan shall be submitted with the zoning permit request for one or two family dwelling. Zoning requests not described above shall be considered a standard zoning permit. The fee pursuant to section B17A-36 is also required.
§ B17A-215 Application - Form and contents generally.
[Ord. No. 77-1, § 2.]
All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use of the building, structure, land or the part thereof that is involved, and shall be accompanied, among other things which the board of adjustment, planning board or development enforcement officer may require, by a plan and elevation of the building and a plot plan drawn to scale, showing the proposed building in its exact relation to lot and street lines and, by evidence satisfactory to the development enforcement officer, that the lines of the bounding streets have been accurately located and staked on the ground.
§ B17A-216 Application to be submitted in duplicate; one copy to be returned to applicant on issuance of permit.
[Ord. No. 77-1, § 2.]
The zoning permit application and all supporting documentation shall be made in duplicate. On the issuance of a zoning permit, the development enforcement officer shall return one copy of all filed documents to the applicant.
§ B17A-217 Restrictions on issuance - Construction or alteration of buildings on lots without access to streets.
[Ord. No. 77-1, § 2]
No zoning permit shall be issued for the construction or alteration of any building upon a lot without access to a street except in an E2 district when the entire subject building is located more than 150 feet from a public street.
§ B17A-218 Issuance or denial.
[Ord. No. 77-1, § 2]
The development enforcement officer shall, within 30 days after the filing of a complete and properly prepared application, either issue or deny a zoning permit. If a zoning permit is denied, the development enforcement officer shall state in writing to the applicant the reasons for such denial.
Editor's Note: N.J.S.A. 40:55D-18 states: "The administrative officer shall issue or deny a zoning permit within 10 business days of receipt of a request therefor."
§ B17A-219 Expiration; extensions; renewal.
[Ord. No. 77-1, § 2; Ord. No. 2008-07, § VI]
Every zoning permit shall expire if the work authorized has not been commenced within 12 months after the date of issuance or has not been completed within two years from such date. The development enforcement officer may, for cause, authorize in writing one permit extension of 12 additional months for the commencement of the work and one permit extension of two additional years for the completion of work actually under way, upon the payment in each case of the appropriate fee per section T10B-32; provided, that in the interim since the issuance of the permit, no zoning amendment or other code or regulation affecting the subject property shall have been enacted and that there is pending no published notice of a public hearing or other procedure directed toward such an amendment, code or regulation. When no further extension can be granted, application may be made for a new permit.
§ B17A-220 Survey showing location of building foundation.
[Ord. No. 77-1, § 2]
As soon as the foundation of a building or of any addition on an existing building for which a zoning permit is issued is completed, and before first story framing or wall construction is begun, there shall be filed with the development enforcement officer a certified survey prepared by a licensed surveyor, showing the exact location of such foundation with respect to the street lines and lot lines of the lot.
§ B17A-221 Zoning certificates of occupancy; effect.
[Ord. No. 77-1, § 2]
A zoning certificate of occupancy shall be deemed to authorize, and is required for both initial and continued occupancy and use of a building or land for which a zoning permit is required.
§ B17A-222 Zoning certificate of occupancy required.
[Ord. No. 77-1, § 2; Ord. No. 2008-07, § VII.]
In any case in which a zoning permit is required, no building or part of a building erected, structurally altered or moved shall be occupied or used, in whole or in part, and no change in the use of an existing building or of land, or of any part thereof, shall be lawful, until a zoning certificate of occupancy shall have been applied for and issued by the development enforcement officer. In the case of a zoning certificate of occupancy request for a new dwelling unit, a certificate of approval shall be first obtained from the borough engineer prior to issuance of the zoning certificate of occupancy by the development enforcement officer.
§ B17A-223 Application for zoning certificate of occupancy.
[Ord. No. 77-1, § 2.]
Application for a zoning certificate of occupancy shall be made on a form furnished by the development enforcement officer. Such permit shall be issued upon request where no work is involved or within 10 days after a written request for inspection of the completed work where work is involved, but only if all requirements of this chapter and other applicable laws, ordinances or codes are complied with.
§ B17A-224 Certain construction prerequisite to issuance; exception.
[Ord. No. 77-1, § 2.]
No zoning certificate of occupancy shall be issued until after the completion of all parking spaces, access facilities and landscape planting required by this chapter. Where, by reason of adverse weather conditions, it is impractical to complete the parking spaces, access facilities and landscape planting the zoning certificate of occupancy may be issued upon the posting of a performance guarantee, which shall run for a period not to exceed six months and shall otherwise be subject to the provisions of section B17A-137.
§ B17A-225 Issuance or denial of zoning certificate of occupancy.
[Ord. No. 77-1, § 2]
(a)
If a proposed use is one for which a zoning permit is required and is in conformity with the provisions of this chapter and of all other applicable laws and ordinances in effect, a zoning certificate of occupancy for the use of vacant land or for a change of use of nonconforming use shall be issued by the development enforcement officer.
(b)
Upon written request by the owner, and after examination of all factual information to be supplied by the owner and inspection of the building, the development enforcement officer shall issue a zoning certificate of occupancy for any legally existing building or use thereof, or of land existing on November 19, 1968, or at the time of adoption of any applicable amendments to this article, certifying such use, whether or not such use or building conforms to the provisions of this article.
(c)
If a zoning certificate of occupancy is denied, the development enforcement officer shall state in writing the reasons for such denial.
§ B17A-226 Required contents - Statement of compliance with chapter.
[Ord. No. 77-1, § 2.]
Every zoning certificate of occupancy shall state that the building or the proposed use of land complies with all provisions of this chapter and all other applicable laws or ordinances of the borough.