Princeton City Zoning Code
Division 6
Supplementary District Regulations
§ B17A-364 Prohibited uses.
[Ord. No. 2014-37; Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 2001-4, § I]
The following uses of buildings or of land shall not be located anywhere in the borough:
(a)
Junk yards and automobile wrecking yards.
(b)
Auto body and paint shops, radiator repair, tire retreading and automobile laundries.
(c)
Bus terminals.
(d)
Manufacture of monuments.
(e)
The storage, parking or use of a trailer by any person; except that trailers used for construction purposes, including related offices and storage and for theatrical, musical, or dance events or similar cultural events open to the public, may be permitted by the development enforcement officer, but only for the duration of a specified project or event. A zoning permit for such activities must be obtained from the development enforcement officer pursuant to Borough Ordinance Section B17A-214.
(f)
Drilling for natural gas, using the drilling technique of hydraulic fracturing and exploring for natural gas beyond the reconnaissance phase.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazards; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold or dampness; electromagnetic or other disturbance; glare; liquid or solid refuse or waste; or other substance, condition or element in such manner or in such amount as to adversely affect the reasonable use of the surrounding area of adjoining premises.
(g)
The operation of any and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16 (N.J.S.A. 24:61-33), but not the delivery of cannabis items and related supplies within Princeton by a cannabis delivery service located outside of Princeton.
[Added 8-9-2021 by Ord. No. 2021-23]
§ B17A-365 Lighting and sound systems.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 6; Ord. No. 82-30, § 4]
(a)
The provisions of this section shall apply to all principal uses, secondary residence uses and accessory uses or activities permitted within R1, R2, R3 and R4 districts or located within 200 feet of the boundary line of any such R1, R2, R3 or R4 district, and to all nonconforming uses so located.
(b)
Any outdoor lighting shall be adequately shielded and directed away from the adjoining properties.
(c)
No public address system or loudspeaker devices shall emit noises which can be heard beyond the property lines.
(d)
The permanent illumination of all or any part of a building, such as a facade, gable, roof, side wall or corner shall not be permitted, except as allowed by the board of adjustment as a decision upon a special question.
§ B17A-365.1 Lighting.
[Ord. No. 97-25, § I; Ord. No. 2009-01, § III]
(a)
Purpose. Regulation of outdoor lighting including recreational and sports facility lighting is necessary to prevent the cause of unnecessary sky glow, to prevent light trespass and to reduce unnecessary glare caused by inappropriate or misaligned light fixtures and/or the inappropriate location of light poles. These standards are intended to promote energy efficiency, preserve and protect adjacent residential neighborhoods from unnecessary lighting impacts and discourage overlighting consistent with public safety.
(b) AUTOMATIC TIMING DEVICE FOOT-CANDLE GLARE ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IESNA) LIGHT TRESPASS MOTION SENSOR DEVICE OBJECTIONABLE DIRECT LIGHT EMISSIONS OUTDOOR LIGHT FIXTURE SHIELDED LIGHT FIXTURE
Definitions.
A switching device, a part of which is a clock, set to the prevailing time (Eastern Standard Time or Daylight Saving Time), that will control the period of illuminating outdoor light fixtures and outdoor signs.
The measurement of light on a surface of one square foot in area on which there is uniformly distributed a light flux of one lumen.
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
An organization that establishes standards for the lighting industry.
Any form of artificial illumination emanating from a light fixture or illuminated sign on a property that penetrates across the property line or lines into another property.
A device that will sense motion electronically and switch on security lighting during the activity and for a brief duration thereafter.
Direct light emissions visible above a height of five feet at the subject property line. A bulb, a reflective device, a refractive lens device, a globe, or diffuse panels, shall be considered a direct light emission source.
An electrically powered illuminating device containing a total light source of more than 1,800 initial lumens per fixture (this is greater than a single 100 watt incandescent, or 275 watt reflectorized incandescent bulbs), which is permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure, or sign.
A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90° for street lighting and 80° for all other lighting, through the light fixture's lowest light emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
(c)
Standards. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the following requirements:
(1)
Only shielded light fixtures shall be used. Any fixture mounted above 10 feet shall have no more than 10% of its light distribution at a vertical angle of 80° above nadir and 2.5% at an angle of 90° above nadir.
(2)
Where used for commercial, educational, or institutional purposes or for sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices set to be turned off during nonoperating hours or when not necessary for safety and security purposes.
(3)
Light fixtures used to illuminate flags, statues or other objects mounted on a pole, pedestal or platform shall use a narrow column beam of light that will not extend beyond the maximum extension of the illuminated object.
(4)
Other upward directed architectural, landscape or decorative direct light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.
(5)
Lighting for freestanding signs shall use shielded light fixtures or other device(s) to shield the light source.
(6)
All outdoor lighting shall be metal halide, incandescent, light emitting diode (LED), induction or compact florescence unless otherwise approved by the board of jurisdiction.
(7)
When not necessary for safety and security purposes all outdoor lighting during nonoperating hours of the business or use, shall be turned off by 11:00 p.m. or limited to parking areas essential for night use. The use of lights activated by motion-sensor devices is permissible in all parking lots or walking paths.
(8)
All lighting shall be designed to prevent misdirected or excessive artificial light and to be energy efficient.
(9)
All light fixtures shall be designed, installed and maintained to prevent light trespass.
(10)
Illumination levels shall not exceed those recommended in the IESNA Lighting Handbook, 8th Edition, and IESNA publication RP 6-88, Sports Lighting.
(11)
Except for lights located along public or private streets, the maximum height of freestanding lights shall not exceed the height of the principal building, or 14 feet, whichever is less in residential zones, historic districts or properties adjacent to residential zones or uses. In nonresidential zones where the light will not be seen from a residential use a height of up to 20 feet is permitted for freestanding lights.
(12)
The style of the light and light standards (poles) shall be consistent with the architectural style of the principal building or surrounding area. Nonresidential uses constructed in residential areas shall maintain a residential character in the type and style of lighting installed. In historic districts the style of the light and light standards shall comply with the district requirements.
(13)
Floodlight-type fixtures attached to buildings shall be prohibited unless other lighting is not suitable for its intended use.
(14)
Freestanding lights shall be so located and protected to avoid being damaged by vehicles.
(15)
All wiring shall be underground.
(16)
Where allowed to be used for sports or recreational facilities, all lighting fixtures shall comply with the following:
a.
For field sports such as football, soccer, baseball and track and field, a maximum pole height of 40 feet, but a higher pole height may be approved by a waiver granted by the board of jurisdiction upon a showing of necessity, together with restrictions on use which limit the adverse impacts on surrounding properties.
b.
The minimum distance of the pole to any property line shall be twice the height of the pole. For example, a forty-foot pole must be a minimum of 80 feet from any property line.
c.
Light trespass shall not be more than one-tenth foot-candle at any adjacent residential property line measured at grade.
d.
A berm, landscape buffer, where feasible, shall be required to screen the source of light and the lit object from any adjacent residences.
e.
When not in use or not later than 10:30 p.m., all lighting shall be turned off unless specifically permitted by the board of jurisdiction.
(d)
Illuminance Requirements.
(1)
Street lighting. Average maintained illuminances shall not exceed IESNA recommendations listed below and be consistent with safety standards. IESNA average to minimum illuminance uniformity ratios are to be used as a guide for designing safe and adequate roadway lighting. Lighting fixtures shall be chosen to blend into the existing character of the area.
Average Maintained Illuminance | |
|---|---|
Arterial roadway nonresidential area | 1.2 to 1.7 foot-candles |
Arterial roadway residential area | 0.6 to 0.9 foot-candles |
Collector roadway nonresidential area | 1.2 to 0.8 foot-candles |
Collector roadway residential area | 0.6 to 0.4 foot-candles |
Local roadway nonresidential area | 0.9 to 0.6 foot-candles |
Local roadway residential area | 0.4 to 0.3 foot-candles |
(2)
Open parking facilities. Lighting fixture shall be chosen to blend into the existing character of the area. Illuminance requirements shall be determined by the location, type of uses, safety and activity levels indicated below. Average illuminance shall not be exceeded. Minimum illuminance shall not be less.
a.
Some examples of levels of activity may include:
High activity area: |
Regional shopping centers containing retail spaces of 200,000 square feet or greater; |
Low activity area: |
Neighborhood shopping area near residential neighborhoods |
School parking lot Church or place of worship parking |
b.
Maintained horizontal illuminance for open parking facilities based on level of activity:
Level of Activity | General Parking and Pedestrian Traffic Foot-candles* (minimum on pavement) | Vehicle Use Area Only Foot-candles** (average on pavement) |
|---|---|---|
High | 0.5 | 1.0 |
Medium | 0.3 | 0.5 |
Low | 0.2 | 0.5 |
* General parking and pedestrian area is defined as one where pedestrian conflicts with vehicles are likely to occur |
** A vehicle use area only is defined as one where conflicts with pedestrians are not likely to occur (service areas or access roads) |
(3)
Covered parking facilities. Covered parking facilities require lighting both day and night subject to the standards set forth in subsection (c)(7) above. The standards for roof area lighting of parking garages shall be similar to open parking facilities. Listed below are the recommended maintained horizontal illuminance for covered parking facilities.
Areas | Day Time Foot-Candles (average on pavement)* | Night Time Foot-Candles (average on pavement) |
|---|---|---|
General parking and pedestrian areas | 5.0 | 5.0 |
Ramps and corners | 10.0 | 5.0 |
Entrance areas | 50.0 | 5.0 |
* Sum of electric lighting and daylight. |
(e)
Light trespass. All light fixtures, except street lighting and those used on one or two family dwellings, shall be designed, installed, and maintained to prevent light trespass, as specified below.
(1)
At the property line of subject property, illumination from light fixtures shall not exceed one-tenth foot-candles on residentially used property or five-tenths foot-candles on nonresidential used property, in a vertical plane.
(2)
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will be no objectionable direct light emissions.
(3)
Where a nonresidential use abuts a residential use, the side(s) of the nonresidential building which fronts a residential use must demonstrate that there is adequate screening to buffer the buildings interior lights from the residential use or provide interior light opaque window shading.
(4)
Interior lights in nonresidential buildings not necessary for safety or security purposes shall be turned off after normal business hours.
(f)
Site plan applications and major subdivision applications. Plans for all lighting other than street lighting shall be submitted in accordance with the following:
(1)
Description of outdoor lighting fixtures including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles, color of lighting and include manufacturers' catalog cuts.
(2)
Location and description of every outdoor light fixture and hours of operation.
(3)
Maintained horizontal illuminance shown as foot-candles (after depreciation).
Maximum |
Minimum |
Average, during operating and non-operating hours |
Maximum to minimum ratio |
Average to minimum ratio |
(4)
Computer generated photometric grid showing foot-candle readings every 10 feet, and the average foot-candles. Small areas may require the average to be computed from positions no greater than five feet apart.
(5)
Foundation details for light poles.
(6)
When using IES recommendations, submit supporting documentation.
(g)
Applicability of lighting standards. The requirements of this section shall apply to any development application approved after the effective date of this section.
(1)
If the development application is for a developed site and:
a.
If the existing parking area is being expanded to accommodate 30% or more of the existing number of spaces (but at least five or more spaces); or
b.
If the square footage of the structure is to be expanded by 30% or more (but at least 1,000 square feet); or
c.
If more than 40% of the structure or parking area (but at least 1,000 square feet of new structure or five parking spaces) is being substantially renovated, then the new requirements shall apply both to the new and to the existing development on the site.
(2)
If the development is less than the above, but involves an expansion or renovation project meeting at least 50% of any of the above standards, then the applicant may be required to upgrade its site by expending 50% of the cost of full compliance to be allocated to such elements of the lighting as the board of jurisdiction shall determine.
(3)
The provisions of section B17A-365 shall continue to apply to all uses which exist as of the date of this new section B17A-365.1 and which are not affected by subsequently filed development applications.
§ B17A-366 Uses to be located in enclosed buildings; exceptions.
[Ord. No. 77-1, § 2; Ord. No. 81-43, § 2; Ord. No. 82-30, § 4; Ord. No. 93-24, § 1; Ord. No. 2012-12 § 9]
All uses shall be carried on in buildings fully enclosed on all sides, with the following exceptions:
(a)
Parking lots.
(b)
Gasoline sales.
(c)
Incidental sales of newspapers, books, magazines, fruits, vegetables, and flowers provided that such merchandise shall not exceed a total length of 30 feet along the principal frontage or facade of the area occupied by the business, and shall be placed so that a minimum of five feet of an unobstructed sidewalk shall be maintained.
(d)
Outdoor service of diners seated at tables placed on a porch, sidewalk or yard, accessory to a permitted eating place.
(e)
(Reserved)
(f)
Telephone booths.
§ B17A-367 Accessory signs - Permitted in all districts.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 93-24, § I; amended 12-13-2021 by Ord. No. 2021-37]
The following accessory signs are permitted in all districts in the municipality:
(a)
A non-illuminated nameplate, with the name of the principal occupant and the street number and name of a private dwelling or both, with an area of not more than 144 square inches.
(b)
A sign, illuminated or not, for a church, educational institution or public or quasi-public building or use, with an area of not more than 16 square feet.
(c)
The following nonilluminated temporary signs:
(1)
A single sign pertaining to the lease or sale of the premises upon which it is placed, with an area of not more than eight square feet; provided, that such sign shall be removed within seven days after the consummation of a lease or sale of the premises.
(2)
Signs for a building, premises or part thereof, under construction or renovation, with the street number of a building and the name of the architect, engineer, landscaper, the general contractor and subcontractors, and the project title during construction on the premises. Such signs shall be located at the principal entrance and within the street line and lot lines of the premises and shall be removed within seven days after the completion of the construction work. The total area of all such signs on a lot shall not exceed eight square feet.
(3)
Class reunion signs or banners of a college or university.
(4)
Signs announcing or advertising any political, educational, religious or like campaign, drive or event; provided that the total area of all such signs on a lot shall not exceed eight square feet.
(d)
A sign, illuminated or not, that delineates the historic significance of the property at which the sign is located.
[Added 12-13-2021 by Ord. No. 2021-37]
(1)
As used in this subsection, "historic significance" shall mean that the property (including any structure located on that property) contains one or more features or objects relevant to American history, architecture, archaeology, culture, or engineering, that possess integrity of design, setting, materials, workmanship, and association, and that also:
a.
Are associated with events that have made a significant contribution to the broad patterns of our past;
b.
Are associated with the lives of persons significant in our past;
c.
Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master or that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction; or
d.
Have yielded or may be likely to yield information important in prehistory or history.
(2)
The following shall apply to historic signs under this subsection:
a.
Signs shall be limited to providing information about the historic significance of the property.
b.
Signs shall not exceed a total area of four feet in size.
c.
Signs may be free-standing or flush-mounted on building facade.
d.
Free standing signs are limited to a maximum height of four feet and shall be setback at least two feet from any property line.
(3)
A zoning permit shall be secured from the development enforcement officer in accordance with Section B17A-214 prior to the placement of any sign permitted under the provisions of this Subsection B17A-367(d). The following shall accompany the request for zoning permit:
a.
A scaled drawing or survey of the proposed location of the sign and its location relative to the facade. Said drawing or survey shall also demonstrate that pedestrian traffic along any sidewalk or right of way upon which the sign is to be located will in no way be impeded. In the event that the development enforcement officer finds that the placement of a free standing sign may impede pedestrian traffic, then the applicant shall move the proposed location of the sign to ensure that pedestrian traffic is not impeded in any way;
b.
A colored rendering of each side of the proposed sign, including its dimensions;
c.
Photographs of the property and structure(s);
d.
Documentation that demonstrates the historic significance of the property, as defined above.
Prior to approving the zoning permit, the development enforcement officer shall forward the application to HPC for its review and approval. The HPC shall review the documentation from the applicant to verify the historic significance of the property. The applicant shall bear the burden of demonstrating historic significance. |
§ B17A-368 Accessory signs - Permitted in business districts.
[Ord. No. 77-1, § 2; Ord. No. 82-30 § 4; Ord. No. 83-25, § 3; Ord. No. 83-38, § 3; Ord. No. 92-26, § I; Ord. No. 92-31, § 1; Ord. No. 93-24, § I; Ord. No. 2015-36; amended 2-24-2020 by Ord. No. 2020-5]
The following main business signs, projecting signs, signs on windows, doors and awnings, directory signs, special signs, paper signs, and parking rate signs are permitted accessory to each business building in RO, RB, NB, CB and SB districts:
(a)
Main Business Signs.
(1)
Each business use located at the street level may have one business sign. Such sign may be either a facade sign or a free-standing sign.
a.
A facade sign shall be located on the wall surface of the principal frontage or facade of the area occupied by such business and extending not more than four inches from such wall. Such business use, if located on a corner lot, may have a second sign located on the wall facing the other street. The total area of such sign (or signs) shall not exceed 20 square feet and shall in no event exceed 10% of the front wall surface, including window and door area, attributable to such business. If such signs are illuminated, the area shall not exceed 10 square feet and shall in no event exceed 5% of the total area of the front wall attributable to such business.
b.
Free-standing signs shall be located between the principal structure and the street and may be located in the front yard setback. The business use, if located on a corner lot, may have a second sign located between the second side of the building facing a street and the street. The total area of the sign (or signs) shall not exceed 10 square feet and a height of four feet from grade. If the sign (or signs) has two sides, the total of both sides shall not exceed 10 square feet. If the sign (or signs) is illuminated, the area shall not exceed five square feet, including all sides. The sign or signs may include information about uses in addition to the main business use, but if information is provided about business uses located in the rear or the upper floors, then the freestanding sign shall be in lieu of the eight square foot sign permitted by section B17A-368 (a)(4), but in such case, the two square foot sign permitted by section B17A-368 (a)(4) shall still be allowed.
(2)
Each business located at the basement level of any building may have one main business sign, located on the wall surface of the principal frontage or facade of the area occupied by such business, and extending not more than four inches from such wall. The total area of such sign shall not exceed 10 square feet and shall in no event exceed 5% of the total inside front wall area attributable to such business. If such sign is illuminated, the total area shall not exceed five square feet and shall in no event exceed 2 1/2% of the total inside front wall attributable to such business.
(3)
A sign on a marquee or canopy shall be considered part of a main business sign and shall be counted in determining the maximum aggregate area permitted on the front wall of the building attributable to such use.
(4)
Business uses located in the rear or on the upper floors may have one non-illuminated business sign to be shared by all such uses on the premises. It shall be located on a wall surface immediately adjacent to the main entrance to such uses and may extend not more than four inches from such wall. The total area of such sign shall not exceed eight square feet. It may not include more than one set of graphics for each use, such as an identification sign and inclusion of the use in a directory sign. Such uses may, in addition, have one painted sign, to be shared by all such uses, on the glass of a glass or partially glass door serving as the main entrance to such uses. The total area of such painted sign shall not exceed two square feet.
(5)
In addition to the main business signs and awning signs permitted herein, business uses located on the ground floor of a building shall be allowed one projecting sign (a sign attached to and projecting from the wall of a building and not in the same plane as the wall) on each facade containing a public entrance to the use, subject to the requirements set forth herein below.
a.
The projecting sign may be two-sided, but the sign area shall not exceed eight square feet per sign face or 16 square feet in total.
b.
The sign shall be located at least seven feet above grade and below the third-floor plate or roof, whichever is lower. The height of a projecting sign shall not exceed the roofline or wall to which it is attached. All signs shall comply with ADA and other construction and safety codes. A projecting sign shall be mounted in a manner that prevents damage or its unintended removal during high winds.
c.
Projecting signs shall not extend more than four feet from the building facade and must project from the wall at an angle of ninety degrees..
d.
No sign may extend into the public right-of-way unless the owner of said sign has entered into an encroachment agreement or license agreement with the municipality.
f.
Rear or backyard businesses that do not have direct street frontage are permitted to have a projecting sign on the closest street frontage of a building located on the same property.
g.
The sign shall be located a minimum of three feet from the side lot lines and/or tenant space demising wall.
h.
Projecting signs shall be a minimum of 10 feet apart from other projecting signs or awnings.
i.
Projecting signs may not contain any advertising for products. The signs may only identify the business or service located on the property.
j.
Projecting signs may be illuminated in compliance with the requirements of section 17-371.
k.
A projecting sign shall be fabricated from wood, fabric, metal, or man-made material made to look like wood, fabric or metal. Designers are encouraged to use symbols, images and other graphic elements in lieu of lettering to convey the type of establishment using the sign, and to be creative with respect with the form and variety of projecting signs.
l.
A zoning permit shall be secured from the development enforcement officer in accordance with section B17A-214 prior to the placement of any projecting sign. Pursuant to the requirements of the Municipal Land Use Law set forth at N.J.S.A. 40:55D-18, and any other provisions of Princeton's land use regulations to the contrary notwithstanding, the development enforcement officer shall approve a request for a zoning permit for a conforming projecting sign within 10 business days of the receipt thereof, or shall deny the request if the sign does not conform to the requirements of this section.
m.
Projecting signs in historic districts or historic buffer districts shall not be subject to review by the Historic Preservation Commission or the Historic Preservation Officer.
(b)
Signs on windows, doors, and awnings. Each business located at the street level may have the following signs, for the name, street, number or type of business or any combination thereof:
(1)
Two signs, with a total area not to exceed six square feet, painted on the windows or doors, or both, but with not more than one such sign on any window or door; except that an establishment serving food may post its menu and hours of service on the first floor facade in reasonable proximity to the front entry. Such menu sign may be no more than six square feet and may be in addition to the two signs permitted herein.
(2)
One sign on the valance of an awning, the total area of which sign shall not exceed eight square feet.
(c)
Directory Signs.
(1)
Each business use located in the rear or on the upper floors may have one non-illuminated sign, with an area not exceeding 72 inches, at a side or rear entrance serving such business.
(2)
One additional directory sign for any business building, other than a gasoline service station; provided, that such business building is set back more than 20 feet beyond the front yard of such premises and may be illuminated, set at right angles to the street and lettered on both sides. Each side of such sign may have the names of all principal tenants of the building. The area of such sign devoted to each tenants of the building. The area of such sign devoted to each tenant shall not exceed 72 square inches, and the total area of such sign shall not exceed eight square feet.
(d)
Special Signs.
(1)
Special signs serving the public convenience, such as "Notary Public," "Public Telephones," "Public Rest Rooms" or words or directions of similar import. The area of such sign shall not exceed 72 square inches. Only one sign of each type shall be displayed.
(2)
One temporary free-standing advertisement or menu sign may be displayed during hours of business operation for each business located at the street level and basement level, subject to the following restrictions:
a.
Maximum dimensions. The height of the sign shall not exceed four feet and the width of the sign shall not exceed three feet. The sign may be single- or double-sided. The total square footage of each side of the sign shall not exceed 12 feet.
b.
Proximity to business facade. The sign shall be located no more than four feet from the business facade it advertises.
c.
Sidewalk placement. The sign shall be located to ensure that there shall be a minimum of six feet of unobstructed sidewalk along Nassau Street and a minimum of four feet of unobstructed sidewalk along all other streets.
d.
Safety and stability. The sign shall be kept orderly, safe and upright at all times it is displayed, including during inclement weather, and shall not create a danger or hazard (including tripping hazard) to pedestrians using the sidewalk. At the end of each business day, the sign shall be removed from the sidewalk.
e.
Miscellaneous. The sign shall not be illuminated.
(3)
In lieu of the temporary free-standing advertisement or menu sign permitted in subsection B17A-368(d)(2) immediately above, three or more businesses otherwise permitted to display a sign in accordance with subsection B17A-368(d)(2) may display one multi-business free-standing advertisement or menu sign representing those businesses, subject to the following restrictions:
a.
Maximum dimensions. The height of the sign shall not exceed five feet and the width of the sign shall not exceed three feet. The sign may be single- or double-sided. The total square footage of each side of the sign shall not exceed 15 feet.
b.
Proximity to business facade. The sign shall be located no more than four feet from at least one of the business facades it advertises.
c.
Sidewalk placement. The sign shall be located to ensure that there shall be a minimum of six feet of unobstructed sidewalk along Nassau Street and a minimum of four feet of unobstructed sidewalk along all other streets.
d.
Safety and stability. The sign shall be kept orderly, safe and upright at all times it is displayed, including during inclement weather, and shall not create a danger or hazard (including tripping hazard) to pedestrians using the sidewalk. At the end of each business day, the sign shall be removed from the sidewalk.
e.
Miscellaneous. The sign shall not be illuminated.
f.
One sign per business. Any business advertised by a sign permitted in this subsection B17A-368(d)(3) shall not be permitted to have a sign under subsection B17A-368(d)(2) above.
(4)
A zoning permit shall be secured from the development enforcement officer in accordance with section B17A-214 prior to the placement of any sign under the provisions of subsections B17A-368(d)(2) and (3) above. The following shall accompany the request for zoning permit:
1.
A scaled drawing or survey of the proposed location of the sign and its location relative to the business facade. Said drawing or survey shall also demonstrate that pedestrian traffic along the sidewalk upon which the sign is be located will in no way be impeded, and that there shall be a minimum of six feet of unobstructed sidewalk on Nassau Street and a minimum of four feet on other streets; and
2.
A colored rendering of each side of the proposed sign, including its dimensions.
(e)
Temporary paper signs. Temporary signs made out of paper or similar material and containing extraordinary information pertaining to matters of limited duration, such as sales, product promotion, community, cultural, or other public events, and employment opportunities. Such signs shall not have an area exceeding 10% of the total square footage of the glass frontage of the establishment and shall be displayed no more than 14 consecutive days.
(f)
Parking rate sign. Operators of parking garages and open lots shall post a sign setting forth all pertinent rate information. Such information shall be readily visible to potential patrons before they pull into the entryway. Such rate sign may be no more than 10 square feet and may be in addition to such other signage as is permitted herein.
§ B17A-369 Prohibited signs.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; amended 2-24-2020 by Ord. No. 2020-5]
The following types of signs or artificial lighting are prohibited:
(a)
Billboards.
(b)
Flashing signs or moving signs, including any sign or device or which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(c)
Neon signs.
(d)
Signs which compete for attention with, or may be mistaken for, a traffic signal.
(e)
Electronic variable message signs.
§ B17A-370 Sign location.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
Except as otherwise provided in this chapter, no sign shall project into a required yard or beyond the lot or street line.
No sign shall be placed, inscribed or supported upon the roof, or upon any structure which extends above the roof, of any building, except such directional devices as may be required by federal or state aeronautical authorities.
No sign shall be so placed as to interfere with the opening of an exit door or to obstruct any window opening of a room which is used for dwelling purposes.
No part of any business sign shall project above the top or beyond the ends of the wall surface upon which it is placed.
§ B17A-371 Sign lighting.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; amended 2-24-2020 by Ord. No. 2020-5]
Permitted lighting for illuminated signs shall be limited to that concentrated upon the face of the sign. If any such sign is situated within 20 feet of a street, the direct source of light shall not be visible from the street or any neighboring lots or uses. Illumination shall be arranged so that no substantial light or glare is directed or reflected on to adjacent streets or properties and the source of the illumination is not visibly noticeable from adjacent properties. Lighting may include cove, gooseneck, halo or building mounted fixtures. Back-lit “sign box” signs are not permitted. Illumination should be accomplished through external lighting trained on the face or faces of the sign. Neon-lighted or neon-colored signage is prohibited
§ B17A-372 "Area" of sign defined.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
"Area" shall mean the maximum projected area of the oblong, parallelogram or other shape which encloses the sign structure, device or representation. For a free standing or projecting sign, all sides which are used as a sign shall be included in the computation of the area of the sign.
§ B17A-373 Exceptions to lot size requirements - Existing small lots.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 7; Ord. No. 81-43, § 3; Ord. No. 82-30, § 4; Ord. No. 2006-07, § 10; Ord. No. 2009-01, § IV; Ord. No. 2018-24 § 12; amended 6-29-2020 by Ord. No. 2020-16]
(a)
Existing Small Lots Exceptions.
(1)
If a lot with a total area, lot width or lot depth less than prescribed in this chapter appears as a separate lot or parcel, was designated as such on the tax map of the former Borough of Princeton on November 19, 1968, and continues as such at all times thereafter, to and including the date of any application for a zoning permit, such a lot may be used for a one-family dwelling, except in the SB districts, and subject further to the provisions of section B17A-403 below (R1 through R4 districts only). However, each substandard lot shall be developed in conformity with all applicable district regulations, other than the minimum lot area, lot width and lot depth, and subject further to the provisions of section B17A-403 applicable to the R1 through R4 districts.
(b)
Proportional FAR - Alteration and Enlargement of Structures: Nonconforming Lots. A nonconforming structure or a conforming structure on a nonconforming lot may be altered or enlarged provided that such alteration or enlargement neither increases existing nonconformity nor creates a new noncompliance; except, the gross floor area of a single-family house or a two-family house that occupies a lot that is smaller than the required lot area for the district in which the house is located may be increased proportionately by using the following formula for determining the adjusted FAR that may be applied to the existing area (in square feet) of the nonconforming lot:
[1+ [(required lot area - Existing lot area)/required lot area]] x FAR for the district required lot area
For purposes of this calculation:
(1)
Subtract the existing lot area from the required lot area.
(2)
Divide the result by the required lot area.
(3)
Add 1 to the result.
(4)
Multiply the result by the district FAR expressed as a decimal to determine the adjusted FAR.
(5)
To obtain the maximum gross floor area for the existing lot, multiply the adjusted FAR by the existing lot area.
By way of an example, on a 16,000 square foot lot in the R-1 zoning districts where the required lot area is 20,000 square feet and the maximum FAR is 25% the adjusted FAR stated as a decimal is 0.30 (i.e., 1.20 x 0.25) and the permitted gross floor area is 4,800 square feet (i.e., 16,000 x 0.30).
If such single-family house is in a zoning district in which residential use is not permitted, the district referred to in the first paragraph shall be the residence district nearest to such house.
If a variance is granted to allow a single-family house to be constructed on a vacant lot that is smaller than the required lot area for the district in which the house is to be located, then the above formula shall also apply in determining the permitted gross floor area.
§ B17A-374 Lot depth.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum requirement.
§ B17A-375 Exceptions to height restrictions.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 90-27, § 14]
Penthouses, bulkheads, television antennae, ornamental spires, elevator walls, stair enclosures, etc., covering less than 20% of the roof area, are exempt from height restrictions; except, that penthouses for residential or nonresidential use may not extend more than 10 feet above the maximum height permitted in the district, if such height is less than 55 feet or more than 15 feet above the maximum height permitted in the district, if such height is 55 feet or greater. All such structures must be 10 feet from the front and rear wall of a building and three feet from the side walls; except, that walls of elevators and stair enclosures may be built on the side wall, when required by the plan of the building.
§ B17A-376 Side and rear yards.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 8; Ord. No. 82-30, § 4; Ord. No. 2006-07, § 11; Ord. No. 2018-24 § 13]
(a)
In all cases where side and rear yards are not required but are provided, such yards shall not be less than 10 feet.
(b)
Principal or accessory or secondary residence buildings which are not of "fire resistive" construction, as defined in the Construction Code, shall have side yards and rear yards as required in the R4 districts, unless located in a district requiring larger side yards or rear yards, in which case the stricter requirements shall apply.
(c)
Subject to the provisions set forth in section B17A-403 (R1 through R4 districts only), if an existing residential building does not, as of the date of the final adoption of this ordinance, conform to the building height to setback ratio with respect to any side yard, an addition to the existing building along that side yard may be built which violates the building height to setback ratio, provided that: (1) the proposed addition's building height to setback ratio for that side yard is no more nonconforming than the building height to setback ratio for the existing building; and (2) the proposed addition's length along that side yard is no more than the length of the existing portion of the building which violates the building height to setback ratio. (3) The minimum side yard requirement shall be met.
Editor's Note: Ordinance No. 2006-07, codified herein, was adopted April 25, 2006.
§ B17A-376.1 The mean prevailing front setback.
[Ord. No. 2006-07, § 12; Ord. No. 2016-42 § 5]
The mean prevailing front yard setback to be applied to a lot shall be determined as follows:
(a)
The front yard setback for the principal dwellings on each lot fronting on the same side of the street within 500 feet in either direction of the lot for which the prevailing front setback is to be measured and within the same zoning district shall be determined. The measurement shall not include the setback from the street for corner lots, where the front yard of the corner lot is measured from a different street. In calculating the mean prevailing setback, the largest and smallest setback shall not be included in the calculation. Setbacks shall be measured to the nearest part of the house excluding porches and stoops.
(b)
If the mean prevailing front setback as calculated for a lot is more than five feet or less than five feet of the minimum required setback, the developer shall be required to conform to the mean setback figure, plus or minus two feet.
(c)
If the mean prevailing setback as calculated for a lot is not more than five feet greater or five feet less than the required setback, then the developer shall comply with the minimum required setback.
(d)
If utilization of the mean prevailing setback would limit the construction of a dwelling to a size which is less than 80% of the maximum building size permitted in the district, then the mean prevailing setback shall be adjusted to a setback which permits the construction of a dwelling which is 80% of the maximum building size permitted in the district, for a lot with the minimum lot sit size but not less than the minimum required front yard setback.
(e)
If the side of the block in which is located the lot contains three or fewer dwellings then the property owner shall have the option to match either front yard setback.
§ B17A-377 Projections into yards; fences or walls; paved areas.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. 2009-01, § V.; Ord. No. 2016-42 § 3; Ord. No. 2018-24 § 14]
(a)
Cornices, gutters, downspouts and cantilevered roofs may project not more than three feet into a yard.
(b)
Belt courses, window sills and other ornamental features may project not more than nine inches into a yard.
(c)
Fire escapes may project not more than six feet into a yard.
(d)
(Reserved) (Deleted by Ord. No. 2016-42 § 3).
(e)
Fences or walls, not over six feet in height, may be erected anywhere on the lot, except as set forth in section B17A-379.
(f)
Paved areas, other than such as are needed for access to the building on the lot, shall not be located less than four feet from a lot line.
§ B17A-377.1 Residential design standards.
[Ord. No. 2016-42 § 2; Ord. No. 2018-24 § 15]
(a)
These regulations shall apply to all single family and two family homes, except that in the R1 through R4 districts only, the provisions of section B17A-403 regarding porches and projections into front yards shall govern.
(1)
Porches:
a.
Roofed front porches may encroach into the front setback a maximum of eight feet provided the porch does not exceed 200 square feet and the majority of the structures within 500 feet in either direction of the lot have roofed porches that encroach on the front setback area. Porches which encroach into the front setback may not have a second floor, balcony, deck or be enclosed on all side.
§ B17A-378 Corner lots - Location of front, side and rear yards.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
A corner lot shall have one front yard, which shall face on either street, and one side yard facing the other street. The rear yard shall be that yard which is generally opposite the front yard.
§ B17A-379 Obstructions to vision at street intersections.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
At all street intersections in all R1, R2, R3, and R4 districts, that portion of any corner lot within the triangle formed by the curb lines of such lot and a line drawn between points on each curb line 40 feet distant from their point of intersection shall be cleared of all growth and obstructions above the level three feet higher than the center line of the street, except for isolated trees trimmed to provide necessary sight distance.
§ B17A-380 Accessory buildings or structures.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 10; Ord. No. 82-30, § 4; Ord. No. 2006-07, § 13; amended 6-28-2022 by Ord. No. 2022-14]
(a)
Front yard. No accessory building or structure shall be located in any front yard.
(b)
Side or rear yards. Accessory structures may be located in any side or rear yard in accordance with the following requirements:
(1)
Accessory structures shall be set back a minimum distance from the side and rear property lines that is based on the type and/or size and height of such structure, as follows:
a.
An accessory structure not exceeding 100 square feet in area and one story and ten feet in height: three feet.
b.
An accessory structure not exceeding one-and-a-half stories and twenty feet in height: five feet.
c.
An accessory structure not exceeding two stories and twenty-five feet in height: same setback as is required in the district for principal buildings or structures.
d.
Tennis courts: twenty feet.
e.
Swimming pools with an area of more than 250 square feet or a depth of more than eighteen inches: fifteen feet, measured to the outermost limit of the pool and any decking or patios surrounding it.
(2)
An accessory structure located in the side or rear yard setback area for principal structures shall not exceed the height of the principal structure or twenty feet, whichever is less.
(3)
An accessory structure located on the portion of a lot not included in any yard setback area for principal structures shall not exceed the height of the principal structure or twenty-five feet, whichever is less.
(c)
Corner lots. Accessory structures on a corner lot shall be stepped back from any property line along a street a minimum of five feet from the facade of the principal structure facing said street or the minimum required setback pursuant to subsection (b) above, whichever is greater.
(d)
Adjacent lots. In the case of adjacent lots, accessory structures constructed at the same time may be attached, located along the common lot line and may have a common wall.
(e)
Building height-to-setback ratio. Accessory structures shall be exempt from the height-to-setback ratios, if any, applicable to principal structures in the zone in which the accessory structure is located.
§ B17A-381 (Reserved)
Editor's Note: Ord. No. 2022-14 repealed prior § B17A-381, Accessory building not in side or rear yards. History includes Ord. No. 77-1, Ord. No. 78-26 and Ord. No. 82-30.
§ B17A-382 Distances between buildings on single lot.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 11; Ord. No. 81-24, § 6; Ord. No. 82-30, § 4; Ord. No. 2009-01, § VI]
Where more than one building is located on a single lot, except on lots of more than one acre in E1 or E2 districts, the following minimum distances between buildings shall apply:
§ B17A-383 Distances between buildings and windows in habitable rooms of other buildings.
[Ord. No. 77-1, § 2; Ord. No. 81-24, § 7; Ord. No. 82-30, § 4; amended 4-25-2022 by Ord. No. 2022-10]
Notwithstanding any other provisions of this chapter, no building on any lot or on the same lot shall intrude into the area required for the individual wall types as follows:
(a)
Type of wall.
(1)
Primary wall is that wall of a building which contains windows which in aggregate comprise more than 10% of the total wall area.
(2)
Secondary wall is that wall of a building in which in aggregate comprise equal to or less than 10% of the total wall area.
(3)
Windowless wall is that wall which contains no windows.
(b)
Minimum distance from the building wall to the walls of other buildings.
(1)
Primary wall. Six feet plus two feet for each story(s) in height plus one foot for each 10 feet of length (L.). D = 6 + 2 x s + L/10, but in no event greater than 10 feet.
(2)
Secondary wall. Two feet plus one foot for each story(s) in height plus one foot for each 10 feet of length (L), minimum distance five feet. D + 2 + s + L/10, but in no event greater than 10 feet.
(3)
Windowless wall. Where opposing walls have no windows, there is no required distance between buildings, other than for fire protection.
Where a window wall is opposite a windowless wall, the distance between buildings is determined by the required space for the window wall.
All measurements shall be performed in horizontal projection at the sill level of the subject window.
Where walls are opposite each other, the minimum distance (D) between building walls (S), shall be measured at that point where the buildings are closest to each other and the length (L) shall be equal to the length of that portion of the shorter wall measured from that point where it is closest to the opposite wall to the end of the shorter wall.
§ B17A-384 Courts in multiple dwellings, joint occupancy buildings, dormitories and boarding houses.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
In multiple dwellings, joint occupancy buildings, dormitories and boarding houses, courts are permitted only as follows:
§ B17A-385 Access to streets; conditional use approval of non-access.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
No building shall be constructed or altered upon a lot that does not have access to a street, except in an E2 district when the entire subject building is located more than 150 feet from a public street; provided, however, that such building may be authorized as a conditional use:
(a)
In an E2 district, when some part of the building is located within 150 feet of a public street, upon a finding by the municipal agency that access to a street is not required for the subject building in its proposed location.
(b)
In an E1 district, upon a finding by the municipal agency that access to a street is not required for the subject building in its proposed location.
§ B17A-386 Permitted accessory parking - Generally.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
Off-street parking spaces, open or enclosed, may be provided accessory to any use; provided, that no automobile service, repair or fuelling shall be provided, except in SB districts.
§ B17A-387 Required parking spaces - Size, design; signs.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 12, Ord. No. 81-30, § 1; Ord. No. 82-30, § 4]
(a)
A parking space shall be either a standard size parking space or a compact size space. A standard size parking space shall contain 1071 square feet of area with minimum width and minimum length of nine feet and 19 feet respectively when constructed at 90° to the travel aisle. A compact size parking space shall contain 115 square feet of area with minimum width and minimum length of 7 1/2 feet and 15 feet respectively when constructed at 90° to the travel aisle. When parking spaces are constructed at an angle of other than 90° to the travel aisle, the minimum area for standard size and compact size space shall apply and the design shall be subject to the approval of the borough engineer.
(b)
Areas counted as parking spaces include any private garage, carport or other paved off-street area available for parking, other than a driveway; except, that in the cases of one-family and two-family dwelling, and secondary residence buildings, driveway space not in the front yard may be counted as parking spaces.
(c)
Parking spaces shall not be provided within a required front yard. If in a rear or side yard, parking spaces shall not be located within four feet of any lot line.
(d)
Unobstructed access to and from a street shall be provided.
(e)
Non-illuminated identification and directional signs shall have an area of not more than six square feet per sign. The number of signs shall be limited to such as are essential for the purpose, as determined by the development enforcement officer. All compact size parking spaces shall be identified with a sign reading "small car(s) only" or its equivalent.
(f)
The allowable number of compact size parking spaces is as follows:
(1)
In parking areas and parking structures of less than 100 spaces, a maximum of 15% of such spaces may be designed as compact spaces,
(2)
In parking areas and parking structures of greater than 100 spaces, a maximum of 30% of such spaces may be designed as compact spaces,
(3)
In parking structures, the maximum percentages of parking spaces designed as compact spaces may be increased without limitation by the planning board subject to a finding during the course of a conditional use review that a greater percentage of compact automobiles exists and are planned for in the future which may utilize said spaces and that in the physical design of the parking structure, an advantage exists for such an increased percentage of compact spaces.
The location and design of compact spaces within each parking area and parking structure shall be subject to the approval of the borough engineer who may allow the maximum number of such spaces only when the site will permit proper space for access and maneuvering.
§ B17A-388 Parking - Location; ownership.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
(a)
Required parking spaces shall be provided upon the same lot as the use to which they are accessory or within 400 feet of such lot, measured by straight line from the nearest of such spaces. All parking spaces located on a different lot from the use to which they are accessory shall be permanently established for such accessory use as follows: Deed restrictions approved by the borough attorney shall be placed upon them and filed with the county clerk, binding an owner and his heirs and assigns to maintain the required number of spaces available, either for the entire life of the use to which they are accessory or until such spaces are provided elsewhere.
(b)
When a use is located on a lot which is partly in one district and partly in another district, parking spaces for such lot may be located without regard to district lines; provided, that no such parking spaces shall be located in any R1, R2, R3 or R4 district, unless the use to which they are accessory is permitted in such district or is approved by the board of adjustment as a decision upon a special question.
§ B17A-389 (Reserved)
Editor's Note: Former section B17A-389, Required parking spaces - Waiver by board of adjustment, previously codified herein and containing portions of Ordinance No. 80-17, was repealed in its entirety by Ord. No. 2002-20.
§ B17A-390 Parking lots and garages.
[Ord. No. 77-1, § 2; Ord. No. 81-13, § 5; Ord. No. 82-30, § 4; Ord. No. 90-27, § 15; Ord. No. 2004-3A, § I]
The following provisions unless otherwise indicated shall apply to all parking lots with more than 10 spaces. Two or more parking lots on the same tax lot (or lots, if under common ownership) which contain a total of 10 or more spaces and are separated by a distance of less than 150 feet shall be treated as a lot with 10 or more spaces for purposes of this section.
(a)
All off-street parking lots with more than 10 spaces shall be graded, paved, landscaped, lighted and maintained by the owner, in accordance with site plan approval, if any, first duly obtained in accordance with this section and other applicable requirements of this chapter.
(b)
No entrance or exit for any parking lot with more than 10 spaces shall be located within 50 feet of the intersection of any two street lines. However, the board of adjustment may authorize minor adjustments in this rule, in accordance with section B17A-209 and upon a finding by the planning board in the course of conditional use review that a location closer to an intersection is not hazardous to pedestrian or vehicular traffic and is essential to the proper functioning of the parking lot. Driveways providing access to parking lots with more than 10 spaces and parking garages in an E district shall not pass through any residential district before connecting to a street. For such lots and garages, no more than 320 vehicles may enter or exit by way of a single driveway onto a public street during any one hour, and the party proposing such lots and garages shall submit a traffic analysis to the board or officer of jurisdiction demonstrating compliance with this provision.
(c)
Off-street parking lots with more than 10 spaces shall have planting strips at least four feet in width around the perimeter of the parking area. Such planting strips shall be interrupted only at points of ingress and egress and where the parking area or access drive abuts a building on the same lot. The board of jurisdiction, or the zoning officer if there is no site plan review, shall require that the design of parking areas and the plantings to be placed upon these parking areas shall be adequate to screen the parking area from the view of the street or any adjoining lots and to achieve the maximum amount of green space consistent with the parking requirement. This shall be accomplished by the installation and maintenance of a solid planting of contiguous evergreen shrubs. Plantings shall be of a size and type and shall be spaced so as to achieve a visible barrier within three growing seasons and shall be at least six feet high when planted. The plantings shall include an appropriate number of shade trees. Dead or dying plantings shall be replaced as soon as is practicable. If such lot abuts a gasoline service station or another parking lot with more than 10 spaces, the planning board may modify or waive this requirement for such abutting portion of the lot. The board or officer of jurisdiction may permit a suitable screening wall or fence upon determining that plantings are impracticable or inappropriate. When required screening cannot be accomplished in a manner consistent with sight triangle requirements, the maximum amount of screening consistent with such requirements shall be put in place.
However, when such parking lot is a corner lot at a street intersection in an R1, R2, R3, or R4 district, within the triangle formed by the curb lines of such lot and a line drawn between points on each curb line 40 feet distant from their point of intersection, such wall, fence or planting shall be no more than three feet higher than the center line of the street within the triangle formed by the curb lines of such lot and a line drawn between points on each curb line 40 feet distant from their point of intersection, as required in section B17A-379.
(d)
In E districts, off-street parking lots with more than 10 spaces and access drives for such lots and for parking garages shall be set back at least 25 feet from public rights-of-way and residential district boundary lines except that access drives may be located within the setback area where necessary to connect the parking area with the public right-of-way; and in the E4 district off-street parking lots shall be set back at least 50 feet from an adjacent residential district not separated from the E4 district by a public or private street. The setback area shall be landscaped its full width and in such a manner to screen the parking lot and access drive so that it is not visible from such rights-of-way and boundary lines. This shall be accomplished by the installation and maintenance of a solid planting of contiguous evergreen shrubs. Plantings shall be of a size and type and shall be spaced so as to achieve a visible barrier within three growing seasons and shall be at least six feet high when planted. An appropriate number of shade trees not in the visual barrier shall also be provided. Dead or dying plantings shall be replaced as soon as is practicable. The board or officer of jurisdiction may permit a suitable screening wall or fence upon determining that plantings are impracticable or inappropriate and may, in addition to plantings, require a wall or fence if necessary to fully screen the parking area and access drive from adjoining residential districts. When required screening cannot be accomplished in a manner consistent with sight triangle requirements, the maximum amount of screening consistent with such requirements shall be put in place.
(e)
Lighting for parking lots shall be arranged so as to avoid reflection and glare toward any R1, R2, R3 or R4 district or residential use and shall be shielded so that light is not cast directly into such districts or uses.
(f)
Adequate security measures shall be taken for the protection of persons and vehicles in parking lots and garages.
(g)
Off-street parking lots with 25 or more spaces shall have shade trees planted to the extent of at least one tree for each 3.4 parking spaces or fraction thereof in an arrangement that assures that all spaces are shaded to the extent possible. Such trees shall be large, spreading-type shade trees acceptable to the board or officer of jurisdiction and shall at the time of planting have a caliper of at least 2 1/2 inches. They shall be properly maintained, and all dead or dying trees shall be replaced as soon as is practicable.
(h)
The requirements set forth in subsections (c) to (g) hereof shall apply to any parking lot approved after the effective date of this ordinance. They shall also apply to any existing parking lot whenever a 10% or greater increase in the square footage of buildings or impervious cover located on the same lot is approved after the effective date of this ordinance.
(i)
Subject to the conditions set forth below, "stacked parking" shall be permitted in any existing parking garage with 100 or more parking spaces located in the CB district provided the stacked parking plan has been reviewed and received site plan approval as an administrative waiver under section B17A-174. Staff may also seek the comments of the borough fire official.
"Stacked parking" is defined as parking spaces created by a parking arrangement which would not be available in a parking arrangement satisfying the stall width and aisle requirements or for which a variance has been granted.
(1)
The review of the stacked parking plan shall be based on the criteria of section B17A-193 of the Borough Land Use Code and the other provisions of this section B17A-390(i).
(2)
All applications for stacked parking shall comply with and include the following:
a.
At no time shall any fire lane, entrance or exit be blocked or used for stacked parking.
b.
At least one attendant, dedicated to moving vehicles and with the ability and authority to move the vehicle, must be in attendance whenever one or more vehicle is parked in a stacked parking space. This provision may be waived for approved parking areas assigned for use by registered parkers from the same residential or commercial unit.
c.
A certification from a qualified engineer or architect that the existing structure has the structural capacity to accommodate the additional weight associated with stacked parking.
d.
Stacked parking operations shall not interfere with traffic flow and general public access along, in or out of dedicated right-of-way and private drives, nor shall the public right-of-way be used for drop-off, pickup or storage purposes.
e.
The applicant must demonstrate that the parking garage facility will have easily accessible self-parking areas available to the general public that do not conflict with stacked parking areas.
f.
A sketch plan showing the existing parking layout including aisle width, stall dimensions and the location of all entrances and exits.
g.
The proposed parking layout plan indicating both stacked parking spaces and parking spaces available to the general public that are not stacked. The proposed parking layout must also include aisle width, parking stall dimensions and all entrances, exits and fire lanes.
h.
An operations narrative describing how the stacked parking will operate including hours of operation, days of the week and staffing levels.
(3)
A nonrefundable fee of $300 shall be paid to cover the cost of processing the application. An escrow fee of $1,500 shall be paid to cover the cost of professional services, including but not limited to engineering, zoning, professional planning, legal and other expenses connected with the review of the submitted materials. The provisions of section B17A-36(b) shall apply.
(4)
Approvals granted under this section shall be valid for two years and thereafter subject to annual review to insure that the stacked parking operations are in compliance with the approved or amended plan.
§ B17A-391 Loading berths - Permitted.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 13; Ord. No. 82-30, § 4]
Off-street loading berths, open or enclosed, are permitted accessory to any use, except one-family and two-family dwellings and secondary residence buildings.
§ B17A-392 Loading berths - Size, location, access and buffering.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 90-27, § 16]
(a)
Each required loading berth shall be at least 12 feet wide and 33 feet long and shall have a minimum clear height of 14 feet.
(b)
Unobstructed access to and from a street, with a minimum width of at least 12 feet, shall be provided. Such access may be combined with access to a parking facility.
(c)
No entrance or exit for any loading berth shall be located within 50 feet of the intersection of any two street lines.
(d)
All permitted or required loading berths shall be on the same lot as the use to which they are accessory; except, that loading berths may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot; provided, that the number of required loading berths in such joint facilities shall be not less than the total required for all such establishments, and subject to a finding by the planning board, in the course of conditional use review, that any such joint facility is in conformity with the intent of this chapter.
(e)
When a use is located on a lot which is partly in one district and partly in another district, loading berths may be located without regard to district lines; provided, that no such loading berth shall be located in any R1, R2, R3 or R4 district, unless the use to which it is accessory is permitted in such district or upon conditional use approval by the board of adjustment or planning board.
(f)
No open off-street loading berth shall be located in a required front yard but, where feasible, shall be in the rear of the building.
(g)
All off-street loading areas shall be set back at least 25 feet from public rights-of-way and from residential district boundary lines. The setback area shall be landscaped its full width and in such a manner to screen the loading area so that it is not visible from such rights-of-way and boundary lines.
§ B17A-393 Storage and overnight parking of inoperable vehicles, trucks, boats, etc.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 97-2, § I; Ord. No. 2001-2, § I]
(a)
Inoperable, unregistered or uninspected motor vehicles shall not be stored on private land or premises for more than five days after receipt of a warning notice from the borough, except in enclosed garages.
(b)
Except for canoes and open boats of under 15 feet in length, boats shall not be stored for more than 48 hours, except in enclosed garages.
(c)
Trucks and other business vehicles of over one-half ton capacity shall not be parked overnight, except in enclosed garages or in off-street parking facilities which are located in RO, RB, NB, CB or SB districts.
(d)
In R1, R2, R3 and R4 districts, vehicles which are used for business purposes and which can be readily identified as such, such as a truck of any size or a passenger vehicle displaying business signs, may not be parked overnight, except in enclosed garages.
§ B17A-393.1 Designation of preservation structures.
[Ord. No. 86-20, § 4.]
Any owner of a structure within or without the borough may apply to the development enforcement officer for designation of that structure as a preservation structure as provided herein. In making such determination the development enforcement officer shall consult the historic preservation review committee, or its designated subcommittee, which shall make its recommendation in writing.
§ B17A-393.2 Notice of designation.
[Ord. No. 86-20, § 4]
If the development enforcement officer determines that a structure is a preservation structure, he shall cause to be published twice in a newspaper of general circulation in the borough a notice which announces the designation and sets forth a description of the structure, the address of the structure, and the name(s) of the owner(s) of the structure. The notice shall contain an invitation to the public to submit proposals for the acquisition and relocation of the structure pursuant to this subdivision; and the notice shall set forth telephone number and mailing address at which inquiries and submissions may be made.
§ B17A-393.3 Proposals for the acquisition and relocation of preservation structures.
[Ord. 86-20, § 4.]
(a)
Any person may submit a proposal to the historic preservation review committee for the acquisition and relocation of a preservation structure. Such proposal shall include such information as may be required by rules promulgated by the historic preservation review committee, including:
(1)
Identification of the applicant,
(2)
A detailed description of the means by which applicant intends to move the structure, including all streets and properties in the borough likely to be affected,
(3)
A detailed description of the relocation site and of the work required to prepare the site,
(4)
A sketch plat reflecting the proposed location of the structure on the relocation site,
(5)
An analysis of the extent of any noncompliance with bulk zoning requirements applicable to the relocated structure at the relocation site,
(6)
A detailed description of plans for restoration of the exterior and, if applicable, the interior of the structure, and
(7)
A description of the means by which applicant intends to comply with the terms and conditions imposed upon acquisition and relocation as further set forth herein. Prior to any meeting at which the historic preservation review committee makes a final decision accepting a relocation plan, the committee shall give reasonable written notice of the meeting to all owners of properties located in whole or in part within 200 feet of the proposed relocation sites.
(b)
Upon acceptance of any relocation plan by the historic preservation review committee, in conformance with the standards and criteria set forth herein the owner of the preservation structure may transfer ownership of the structure to the successful applicant subject to the following terms and conditions:
(1)
The successful applicant shall remove the structure at its sole expense;
(2)
The successful applicant shall provide a bond or other security or assurance acceptable to the borough in an amount sufficient to guarantee the costs of moving the structure; and
(3)
The successful applicant shall demonstrate to the satisfaction of the borough that it is adequately insured against liability for damage to persons and property resulting from the relocation of the structure.
(c)
The acceptance of a relocation plan shall not be construed to affect the continuing right of the owner of the preservation structure to transfer or otherwise dispose of the structure in any manner and to any person he chooses, except only the successful proponent of a relocation plan shall be relieved of zoning requirements at the relocation site as further provided herein.
(d)
Review and approval of a relocation plan by the historic preservation review committee pursuant to this section, regardless of the location of the affected property, shall include and substitute for any review which otherwise may be required by the site plan review advisory board pursuant to section B17A-173, and the historic preservation review committee shall have in this respect the same powers and its decisions shall have the same effect as prescribed for the site plan review advisory board.
§ B17A-393.4 Minimum criteria for relocation plans.
[Ord. 86-20, § 4]
(a)
No proposal for the acquisition and relocation of a preservation structure shall be accepted unless the applicant demonstrates the following:
(1)
An intention and capacity to meet the terms and conditions set forth above;
(2)
Proposed means for relocating the structure in a safe and orderly manner substantially restoring to original condition all properties affected by the move, except restoration of the site on which the structure was originally located shall be the responsibility of the owner;
(3)
A plan for locating the structure on the relocation site in a manner which:
a.
Complies with all zoning requirements except such requirements as may be modified for preservation structures pursuant to this subdivision,
b.
Preserves the distinguishing original qualities or character of the preservation structure,
c.
Involves repair and replacement of deteriorated architectural features in a manner consistent with the original composition, design, texture and other visual qualities of the original structure,
d.
Involves only such alterations of the structure as preserve or restore the essential form and integrity of the structure, and
e.
Results in a restored and relocated structure which is compatible with the size, scale and character of structures on adjoining properties and with the visual aspects of the streetscape.
§ B17A-393.5 Criteria governing selection among competing proposals.
[Ord. 86-20, § 4]
(a)
In the event of more than one proposal for acquisition and relocation of a preservation structure, the historic preservation review committee shall select and approve that proposal which meets the minimum requirements set forth above and best accomplishes the following objectives:
(1)
Restoration of the exterior of the structure to its original architecture;
(2)
Location of the structure in a manner which ensures greatest compatibility with adjoining properties and existing streetscapes;
(3)
Moving of the structure with least damage or threat of damage to trees and other properties;
(4)
Closest possible compliance with existing zoning and parking requirements; and
(5)
Visibility of the relocated structure from public streets.
(b)
In choosing between proposals which in other respects are substantially similar, the historic preservation review committee shall give preference to relocation plans which result in the following end uses, in order of preference:
§ B17A-393.6 Modification of zoning requirements for relocated preservation structures.
[Ord. 86-20, § 4]
(a)
To the extent required for implementation of an approved relocation plan, the following zoning requirements otherwise applicable to structures on the relocation site shall be modified as necessary, provided the location of the relocated structure on the site is compatible with the streetscape:
(1)
Floor-area-ratio and lot-coverage requirements, provided the floor-area-ratio applicable to a relocated preservation structure devoted to commercial use or mixed commercial and residential use shall not exceed the requirements otherwise applicable by more than 15%;
(2)
Minimum lot areas, lot widths and lot depths;
(3)
Minimum front-yard requirements;
(4)
Minimum back-yard requirements and minimum smaller-side-yard requirements, provided the location of the structure complies with the requirements for minimum distances between buildings on adjacent properties as set forth in section B17A-382 and B17A-383, or with the relaxed side-yard requirements for existing small lots as set forth in sections B17A-373 or B17A-376 (b), whichever permits in a particular case the smaller side-yard;
(5)
Parking requirements, provided any such requirement applicable to commercial or mixed uses may only be reduced by up to one-half, and provided further that there shall be no reduction whatsoever for eating and drinking establishments; and,
(6)
In a commercial district, set-back requirements relating to paving for parking spaces.
§ B17A-393.7 Violations.
[Ord. 86-20, § 4.]
Any proponent of a relocation plan adopted by the historic preservation review committee which after acquisition of the preservation structure fails to perform the commitments it has undertaken in such relocation plan shall be subject to an action for performance of said commitments and shall otherwise be liable in contract and tort to the full extent permitted by law, in addition to such other penalties as are provided for violations of this chapter.
§ B17A-393.8 Buffering of residential districts and uses.
[Ord. No. 90-27, § 17.]
The side or rear lot line of a lot shall be screened by a landscaped buffer strip designed in accordance with section B17A-390(c) wherever the lot is proposed to be improved with a nonresidential use and the lot line borders a residential use or district.