Prospect Park City Zoning Code
PART 6
Zoning
§ 235-2201 Districts.
For the purpose of this chapter, the Borough of Prospect Park is hereby divided into 10 classes of districts, as follows:
R-1 District: detached single-family dwellings on 3,750-square-foot lots; two-family, 6,250-square-foot lots |
R-2 District: Townhouse Residential |
B-C District: Community Business |
B-G-1 District: General Business - 1 |
B-G-2 District: General Business - 2 |
Q-MR-1 District: Quarry Medium Density Residential District - 1 |
Q-MR-2 District: Quarry Medium Density Residential District - 2 |
R District: Recreation and Open Space |
VCR District: Village Commercial/Residential |
P-LWO Overlay District: Professional/Live-Work Overlay |
§ 235-2202 Zoning Map.
The location and boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, Borough of Prospect Park, Passaic County, New Jersey," approved by the Borough Council on June ___, 2009, and as may be amended from time to time, which map accompanies and with all explanatory matter thereon is made part of this chapter.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
§ 235-2203 Interpretation of district boundaries.
Where uncertainty exists as to the location of any boundaries shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines shall follow street center lines or lot lines or extensions of and from the same, as such street and lot lines exist at the time of passage of this chapter, unless such district boundary lines are referenced by some street line dimension shown on the Zoning Map.
B.
Where such boundaries are indicated as approximately following the lines of lots or other parcels of record and are not more than 10 feet distant therefrom, such lot or parcel lines shall be construed to be such boundaries.
C.
If a district boundary line is not thus referenced or there is doubt in a particular instance as to what line is determining, the location of such district boundary line shall be determined by the Zoning Officer by scaling the Zoning Map.
§ 235-2204 Filing of copies with Borough Clerk.
Duly certified copies of this chapter and the Zoning Map, together with all amendments thereof, shall be filed with the Borough Clerk and shall be open to public inspection.
§ 235-2205 Lots in two or more districts or municipalities.
Where a lot in one ownership of record is divided by one or more district or municipal boundary lines, the following shall apply:
§ 235-2206 Schedule of area, yard and building requirements.
The Schedule of Area, Yard and Building Requirements is contained in the Schedule of Space Regulations at the end of this chapter and is hereby made part of this chapter.
§ 235-2207 Permitted uses.
A.
This Part 6 shall be viewed as permissive. After the adoption of this chapter, no uses or structure shall be permitted in the Borough which is not listed as a permitted, accessory or conditional use or unless permitted by the Zoning Board of Adjustment function of the Land Use Board.
B.
Cannabis. 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,[1] are hereby prohibited uses within the Borough of Prospect Park but not the delivery of cannabis items and related supplies by a delivery service.
[Added 7-26-2021 by Ord. No. 2021-10]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 235-2208 Conditional uses.
Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate board.
§ 235-2301 R-1 Single- and Two-Family Residential Zone.
A.
Purpose. The purpose of this zone is to preserve the integrity of existing residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with residential neighborhood patterns.
C.
Accessory uses.
(1)
Private garage, provided that not more than 50% of the ground floor area of any dwelling is occupied by attached garage space.
(2)
Toolshed, playhouse, greenhouse, covered seating area, and similar outbuildings.
(3)
A noncommercial private swimming or wading pool.
(4)
Flagpoles, play equipment, statuary and similar structures customarily incidental and accessory to the principal use as permitted herein, including minor home occupation.
(5)
Minor home occupation.
D.
Conditional uses.
§ 235-2302 R-2 Townhouse Zone.
§ 235-2303 Quarry Medium Residential Zones 1 and 2.
A.
Purpose. The purpose of these zones are to provide for a mix of residential uses that will permit the redevelopment of a quarry that is incompatible with the surrounding residential pattern of land use and to:
(1)
Design a new neighborhood recognizing the unique conditions of the Tilcon Quarry, which currently contains 38 acres of land having slopes greater than 15%.
(2)
Encourage innovative building design so that housing demand for varying age groups, families and income levels may be met by greater variety in type, design, and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings. To that end, the goal is cluster development to accommodate mid-rise condominium-style flats.
(3)
Require the establishment and reinforcement of the physical, visual, and spatial characteristics through the consistent use of compatible urban design and architectural design elements. Such elements shall relate the design characteristics in a harmonious manner, resulting in a coherent overall development pattern and streetscape.
(4)
Provide a layout of streets and open space edges that encourage pedestrian interconnections to Hofstra Park, civic and commercial uses.
(5)
Establish community greens which act as focal points of activity and interaction.
(6)
Provide a clearly articulated and rationally designed open space system that consists of both integrated active and passive parks.
(7)
Extend greater opportunities for housing, limited commercial and recreation facilities to all residents of the Borough.
(8)
To encourage a more efficient use of land and public services by clustering development to increase open space.
(9)
Provide an approval procedure which will require the development to relate the type, design, and layout of residential and any limited commercial uses on any site to the surrounding environs and context, and to the Borough's goal of encouraging a vibrant new pedestrian active residential neighborhood in a manner sensitive to the preservation or enhancement of property within neighboring residential areas.
(10)
Establish policies and procedures intended to promote flexibility for the marketability of unit types while requiring the maintenance of the underlying integrity of the plan in an efficient and expedient forum.
(11)
Establish a street and path network which accommodates an integrated multimodal transportation system with the intent of providing safe pedestrian connections.
(12)
Encourage shuttle service to nearby public transportation to reduce traffic congestion by reducing the need for everyday use of private vehicles.
(13)
Promote the creation of places which are oriented to the pedestrian, promote citizen security, and social interaction.
(14)
Incorporate a component specifically addressed to the needs of senior citizens.
E.
Minimum distance between mid-rise buildings.
(1)
Front facing front: 250 feet.
(2)
Front facing rear: 200 feet.
(3)
Front facing side: 100 feet.
(4)
Rear facing rear: 100 feet.
(5)
Rear facing side: 75 feet.
(6)
Side facing side: 75 feet.
(7)
The rear facade of a building face shall not face the front facade of another building, central greens and public streets.
F.
Additional bulk and area requirements.
(1)
A maximum lot coverage of 40% shall be permitted.
(2)
Along all interior streets, buildings shall have a minimum street-facing setback of 25 feet.
(3)
The maximum building length of structures containing apartment units shall be no more than 350 feet in length.
(4)
Community center and pool buildings should be no more than 250 feet in length.
(5)
Off-street parking, alleys or driveways shall not be permitted within the street-facing setbacks. Primary entryways, stoops and porches are permitted and encouraged in the street-facing setbacks.
(6)
Bedroom mix: A minimum of 20% of market-rate units shall have one bedroom and a maximum of 7% of market-rate units shall have three bedrooms. The remainder of market-rate units may be two bedrooms. This bedroom mix does not apply to low- and moderate-income housing units which are subject to Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.3.
(7)
No buildings, including garages, other accessory structures, interior streets and driveways, parking areas, drying yards or play areas, may be located in the perimeter buffer areas.
(8)
Every building shall have a minimum setback of at least 10 feet from all interior development, roads, driveways and parking areas.
(9)
Garages and other accessory buildings shall be located at least 20 feet from the nearest building wall of a mid-rise apartment structure.
G.
Buffers. A perimeter buffer of 100 feet shall be provided, except when needed to provide roadways and stormwater basins as follows:
H.
Accessory uses.
(1)
The minimum distance of accessory structures to the primary structure shall be 30 feet.
(2)
No accessory structure shall be used for human habitation.
(3)
No accessory building or structure shall exceed 18 feet in height.
(4)
Accessory buildings built shall be no closer than 100 feet to any external lot line.
(5)
Trash refuse areas shall be located to be accessible to service vehicles.
(6)
Storage areas shall be screened with a heavy-duty solid fence and gate.
I.
Other requirements.
(1)
Affordable housing shall be required in accordance with § 235-3005.
[Added 11-23-2009 by Ord. No. 2009-11]
(2)
Any applicant seeking to develop properties located within the Q-MR-1 and Q-MR-2 Zone Districts shall be required to provide a phasing schedule, which phasing schedule shall be subject to the review and approval by the Borough Land Use Board.
(3)
Mid-rise buildings or portions thereof are permitted to extend above the ridgeline of the quarry, as follows:
(4)
In addition, active recreation may be provided on the relatively flat area (plateau) in the northeastern end of the site with possible connections to Hofstra Park. This shall be subject to analysis on the amount of grading and connectivity possible to Hofstra Park. The pedestrian connection could be in the form of trail that is landscaped with trees.
§ 235-2304 B-C Community Business Zone.
A.
Purpose. The purpose of this zone is to provide community commercial uses which will primarily serve the residents of the Borough. The development of small-scale commercial buildings and existing housing are permitted uses which complement the community retail uses. The standards of this zone are intended to create a visually pleasing streetscape which establishes a positive aesthetic relationship between the public spaces (e.g., roads and sidewalks) and the building facades and layout of the sites.
B.
Principal permitted uses.
(1)
Retail sales and personal service.
(2)
Professional, executive or administrative offices (upper floor only).
(3)
Restaurants, non-drive-through.
(4)
Institutional uses.
(5)
Theaters.
(6)
Apartments (upper floors only).
(7)
Financial institutions, non-drive-up window.
(8)
Funeral homes.
(9)
Recreational facilities, commercial or private.
(10)
Child-care centers.
C.
Accessory uses. Uses which are customarily incidental and accessory to the principal use.
E.
Street setback. Along all interior streets, a building setback of a minimum of 10 feet and maximum of 20 feet shall be provided.
§ 235-2305 B-G-1 General Business Zone.
A.
Purpose. The purpose of this zone is to encourage a mix of nonresidential and residential uses on upper floors, while providing sufficient parking and amenities to service residents in the B-G-1 District and surrounding districts. The standards of this zone are intended to create a visually pleasing streetscape which establishes a positive aesthetic relationship between the public spaces (e.g., roads and sidewalks) and the building facades and layout of the sites.
C.
Accessory uses. Uses which are customarily incidental and accessory to the principal use.
§ 235-2306 B-G-2 General Business Zone.
A.
Purpose. The purpose of this zone is to provide commercial uses which will primarily serve the residents of the Borough and through traffic. The standards of this zone are intended to create a visually pleasing streetscape which establishes a positive aesthetic relationship between the public spaces (e.g., roads and sidewalks) and the building facades and layout of the sites.
B.
Principal permitted uses.
(1)
Retail sales and service.
(2)
Offices.
(3)
Medical offices.
(4)
Restaurants, non-drive-through.
(5)
Institutional uses.
(6)
Theaters, bowling alley and other forms of indoor commercial recreation except dance halls.
(7)
Printing shops and establishments.
(8)
Veterinary hospitals.
(9)
Wholesaling establishments.
(10)
Parking lots.
(11)
Financial institutions, non-drive-up window.
(12)
Funeral homes.
(13)
Child-care centers.
(14)
All uses permitted in B-C Zones.
C.
Accessory uses. Uses which are customarily incidental and accessory to the principal use.
§ 235-2307 VCR Village Commercial Residential Zone.
A.
Purpose.
(1)
The Village Commercial Residential District is intended to reinforce a vibrant village/main street area and provide amenities, services, and resources; to advance improvements to the public realm; to improve pedestrian and vehicular circulation; and to build upon existing assets and maintain the existing character of the community.
(2)
The district intends to create a mixed-use area that has a distinct "main street" identity and creates a pedestrian-oriented experience. The district is meant to promote a vibrant commercial environment and provide a broad array of amenities, services, and resources essential to the neighborhood and community shopping needs of the Borough of Prospect Park, with design controls to insure a compatible relationship to adjacent residential neighborhoods, and assurance that infrastructure impacts will be mitigated. The VCR Zoning intends to allow for additional development opportunities while balancing flexibility and restrictions. The district intends to build upon the existing assets and reinforce the existing scale and character of the commercial area while allowing for existing single-family and two-family buildings to remain as permitted uses.
B.
Principal permitted uses.
(1)
Retail sales and personal service.
(2)
Apartments on upper floors in buildings having a nonresidential use on the ground floor.
(3)
Restaurants, non-drive-through.
(4)
Offices (upper floors only).
(5)
Institutional uses.
(6)
Parking lots.
(7)
Financial institutions, non-drive-up window.
(8)
Child-care centers.
(9)
Single- and two-family homes existing as of 2009 in accordance with requirements of the R-1 District.
C.
Accessory uses. Uses which are customarily incidental and accessory to the principal use.
E.
Nonresidential development standards. The following standards are divided into three categories (less than 10,000 square feet, between 10,000 square feet and 20,000 square feet, and greater than 20,000 square feet) with the associated regulations:
(1)
Small infill site (less than 10,000 square feet).
(2)
(3)
Lots greater than 20,000 square feet.
(a)
Minimum frontage: 100 feet.
(c)
Maximum building height: three stories and 35 feet.
(d)
Maximum building coverage: 40%, provided that canopies and other roof coverings over walkways and streets shall not be included, and also parking structures, suitably screened and landscaped, with roof or upper-deck elevation not exceeding five feet above average street grade shall not be included in the calculation of building coverage.
F.
Other standards.
(1)
Efforts to coordinate the actual and apparent height of adjacent structures are encouraged. This is especially applicable where buildings are located very close to each other. It is often possible to adjust the height of a wall, cornice or parapet line to match that of an adjacent building. Similar design linkages can be achieved to adjust apparent height by placing window lines, belt courses, and other horizontal elements in a pattern that reflects the same elements on neighboring buildings.
(2)
Large structures should be designed to reduce their perceived height and bulk by dividing the building mass into smaller-scale components.
(3)
Projects should be compatible with the scale of development anticipated by the applicable land use policies for the surrounding area and should be sited and designed to provide a sensitive transition to nearby, less-intensive zones. Projects on zone edges should be developed in a manner that creates a step in perceived height, bulk and scale between the anticipated development potential of the adjacent zones.
(4)
Multiple buildings on the same site shall be designed to create a cohesive visual relationship between the buildings.
G.
Site design and architectural criteria. For sites within the VCR District, site and architectural plans shall conform to the following additional standards and criteria:
(1)
If nonresidential use is adjacent to a residence district or a residential use, all facilities and buildings shall be screened by appropriate fences, walls and landscaping treatment.
(2)
Signage shall conform to the standards of the VCR District, except that ground signs and pole signs are not permitted.
(3)
All site lighting shall be directed onto the site and shall be shielded from adjacent residential uses or zones and from the adjoining street.
(4)
Roof structures, machinery, and mechanical equipment, such as equipment for heating ventilation and air conditioning, shall be integrated into the design of the buildings.
H.
Design standards. The following design shall apply:
(1)
The principal building entrance and front shall face the street frontage and sidewalk. The main entrance shall not be oriented toward a parking lot.
(2)
Buildings on a corner lot or a lot fronting on two streets shall have the main entrance on the primary street. This requirement does not preclude additional rear or side entrances facing parking areas.
(3)
Front setbacks are not permitted for nonresidential buildings so as to create a continuous building wall along the sidewalk or to align with adjacent property frontage. Openings in the wall are only permitted for driveways (see below for standards).
(4)
Trash and/or dumpster areas shall be screened by wood fences or landscaping, or combo.
(5)
Buffer planting shall be provided between commercial businesses and adjoining residential uses.
(6)
Deliveries and loading activities restricted to weekday/daytime hours.
I.
Parking requirements. Parking lots shall meet the following requirements:
(1)
Location: off-street parking shall be permitted in the side and rear yards only;
(2)
Off-street parking shall be prohibited in front of the front building facade setback in the front yard;
(3)
Screening shall be required adjacent to public rights-of-way in the form of a wall three feet to four feet in height or a landscaped hedge three feet to four feet in height at the time of planting.
§ 235-2308 R Recreation and Open Space District.
§ 235-2309 P-LWO Professional Live/Work Overlay Zone.
A.
Purpose. The purpose of this zone is to permit the conversion of existing one- and two-family dwellings to limited professional office uses in a manner which retains the residential character of buildings.
C.
Accessory uses. Uses which are customarily incidental and accessory to the principal use as permitted herein.
D.
Supplemental requirements.
(1)
Design standards. All nonresidential uses in the P-LWO Zone shall meet the following design standards and those applicable provisions of Part 3.
(a)
Residential conversions. The conversion of an existing residential structure to any nonresidential use shall maintain the character of the existing structure and meet all off-street parking and other requirements contained in this chapter. Any conversion of an existing residential building shall be consistent with the existing architecture.
(b)
Parking.
[1]
No parking shall be permitted in the required front yard nor between any part of the front building facade and the street right-of-way line.
[2]
In appropriate cases, access driveways shall be encouraged to be located so as to allow for a future common drive with the adjacent parcel at one side yard line. Cross easements to permit shared parking areas in the B-C, B-G-1 and VCR Zones shall be encouraged in appropriate cases.
[3]
Parking areas shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer at least four feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.
[4]
Parking areas located beneath a building shall be fully screened by a mix of deciduous and evergreen plantings and be physically enclosed from view by extension of the front facade of the building to shield all such parking.
(c)
Landscaping.
[1]
When adjoining a residential use, a five-foot landscaped buffer shall be required along each side yard and a seven-foot landscaped buffer shall be required along the rear property line. The nonimpervious areas in the required front yard and/or between the front building facade and the street right-of-way shall be fully planted and maintained in lawn area or ground cover or landscaped with a mix of deciduous and evergreen shrubbery and trees.
[2]
Compliance with other regulations, specifically those for street trees, shall be required.
(d)
Building design and requirements.
[1]
Large, horizontal buildings of limited height shall be broken down into segments having vertical orientation, both architecturally and structurally. One-story buildings are discouraged.
[2]
Roof forms such as gable, mansard and similar pitched rooflines are required. Flat roofs are prohibited.
[3]
Rooftop mechanical equipment shall be screened from public view by architecturally compatible materials. Ground-level mechanical equipment, such as air-conditioning equipment, utility boxes and meters, shall be screened from public view by landscaping, walls or fencing.
[4]
A minimum of one building entrance shall face a public road. Sidewalks shall be provided within the front yard area for access from the existing sidewalk system along the road and the entrance facing the road.
[5]
The visual character of building along street frontages and entryways shall be pedestrian friendly.
[6]
Fire escapes are prohibited on the principal facade of a building.
[7]
Security gates of any kind are prohibited. These include solid or open gates and roll-up doors.
(e)
Trash disposal.
[1]
An area for trash disposal and recycling shall be provided. This area shall be screened from the parking areas and adjacent properties with fencing and/or landscaping.
[2]
Trash disposal areas shall be located as far from residential zone boundaries as possible, but in no case shall they be located within seven feet of any residential zone or use.
[3]
Trash disposal areas are prohibited anywhere in the required front yard and/or between the front facade and the street right-of-way.
(f)
Residential development standards. Residential development shall be in accordance with the standards and requirements of the R-1 Zone.
§ 235-2401 Conditional uses.
A.
General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area and does not have any adverse effect on surrounding properties.
B.
Requirements for specific uses are included in this article.
§ 235-2402 Major home occupations.
Major home occupations shall be permitted as accessory uses along properties where the front of the building faces North 6th Street, North 8th Street, Planten Avenue, Brown Avenue and Struyk Avenue and shall require site plan approval of the Planning Board if the following standards are satisfied:
A.
The practitioner must be the owner or lessee of the residence in which the major home occupation is contained.
B.
Said practitioner must reside in the home.
C.
Said practitioner shall not engage the services of more than two office employees. Use of the office by groups of other persons shall not be permitted.
D.
The major home occupation shall not occupy more than 50% of the total area of the floor where located, excluding space used for a private garage or 900 square feet, whichever is smaller.
E.
No client shall, in such relationship, remain on the premises overnight.
F.
Adequate parking spaces shall be provided in accordance with the parking standards of this chapter so that no parking related to the major home occupation shall occur on the street.
G.
The residential character of the neighborhood and the premises shall not be subordinate to the major home occupation use.
H.
No equipment or process shall be used in such major home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.
I.
No retail sales shall be conducted on the site.
§ 235-2403 Automobile repair shop.
No building, structure or premises shall be used as a automobile repair shop or gasoline service station unless in conformance with the following conditions:
A.
Such use shall have a street frontage of at least 100 feet and an average depth of at least 150 feet.
B.
The walls of any building or structure, other than gasoline or oil filling devices, shall be set back at least seven feet from every adjoining property line and at least 25 feet from any street right-of-way line, unless the public garage or gasoline service station abuts a residential zone, then the minimum side or front yard setback for the residential zone shall apply.
C.
The entrance and exit driveway or driveways to and from any public garage or gasoline service station shall be at least 18 feet wide but not more than 25 feet wide, located at least 10 feet from any adjoining property line and at least 20 feet from the corner of any intersecting public streets. Driveways shall be designed so that exiting vehicles do not have to back out onto any public sidewalk, street or right-of-way.
D.
A curbed landscaped area, at least five feet wide, shall be installed and maintained and shall extend across the front and any other street line abutting the public sidewalk, and no sign or other object or device shall be parked or placed thereupon. A landscaped buffer of at least five feet shall be required along all sides and property lines.
E.
All services or repairs to or for motor vehicles shall be conducted within the confines of a building, except the sale and supply of oil and gasoline and the filling of tires and batteries and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories.
F.
In any public garage or gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 55 gallons shall be located wholly underground unless otherwise required by law. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
G.
Every gasoline or oil filling device shall be located at least 15 feet from any street right-of-way line. Side and rear line setbacks of at least 10 feet are required when adjoining a nonresidential use and at least 20 feet when adjoining a residential use or zone.
H.
At any public garage or gasoline service station where motor vehicles to be repaired will remain more than 24 hours, a solid fence, at least six feet in height, made of a composition which will effectively screen the property, shall be placed to effectively screen views from the street.
I.
Notwithstanding anything to the contrary contained in this section, no motor vehicles or automobiles so in need of repair as not to be readily operable under their own power or which require substantial repair or which are not licensed or which cannot reasonably be used for transportation shall be permitted on any lot containing or used in connection with a gasoline service station for more than 30 days from the date when such motor vehicle was first parked, left standing or otherwise placed upon said property.
§ 235-2404 Institutional uses or structures.
Institutional uses, buildings and structures, as defined in this chapter, exclusive of long-term care facilities or vacant lands used for the purpose of such institutions, may be located, when approved as conditional uses, in any zone subject to the following:
A.
The property on which the structure or building is to be constructed or the activities conducted must contain a minimum of 1/2 acre.
B.
No building shall be closer than 25 feet to the side or 35 feet to the rear line of any adjacent property. These setbacks shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in this Part 6.
C.
No building or structure shall be closer than 20 feet to any front street property line nor less than 20 feet from any other structure. Except as permitted in this article, no building or structure shall be higher than 40 feet above the ground level.
D.
All buildings must be served by driveways to be approved as part of the special exceptions as to size, curvature, grade and surface to provide easy access for emergency vehicles, such as police and fire equipment.
E.
No parking shall be permitted between the front building line and the street right-of-way.
§ 235-2405 Financial institutions with drive-up windows.
No building, structure or premises shall be used as a financial institution with drive-up window facilities unless in conformance with the following conditions:
A.
Such use shall be located on lots with street frontage of at least 100 feet.
B.
The minimum lot area shall be 15,000 square feet.
C.
No transaction window or speaker system shall be located less than 50 feet from any property line of any residential use or any residential zone line.
D.
Such use shall comply with state noise control standards.
E.
Any transaction window or station shall be set back a minimum of 25 feet from any property line.
F.
No drive-through window shall face any public right-of-way.
§ 235-2406 Restaurants with drive-through windows.
No building, structure or premises shall be used as a restaurant with drive-through window facilities unless in conformance with the following conditions:
A.
Such use shall be located on lots with street frontage of at least 100 feet.
B.
The minimum lot area shall be 15,000 square feet.
C.
No transaction window or speaker system shall be located closer than 50 feet to any property line of any residential use or any residential zone line.
E.
Any transaction window shall be set back a minimum of 25 feet from any property line.
F.
No drive-through window shall face any public right-of-way.
§ 235-2407 Wireless telecommunications facilities.
A.
Purpose. The purpose of this section is to regulate the location, placement, operation and maintenance of wireless telecommunications (WT) technology within the Borough of Prospect Park.
(2)
This section is also intended to protect the Borough from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the Borough with its attendant benefits to residents and businesses.
B.
Siting priorities. Pursuant to the needs analysis required by Subsection G(2) below, an application to install, construct, erect, move, reconstruct or modify any WT antenna shall be subject to siting priorities as follows:
(1)
If the analysis demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct or modify a WT antenna within the Borough of Prospect Park, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located upon an existing building or other structure within the Recreation and Open Space Zone.
(2)
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, or modify the proposed WT antenna upon an existing building or structure within the Recreation and Open Space Zone or Block 22, Lot 11, then, subject to all other permitted conditional use standards, the proposed WT antenna may be flush-mounted on an existing building within the B-C Zone only.
C.
WT antennas. WT antennas shall be consistent with the following requirements:
(1)
Microwave dishes, cones, or other antennas used for the purpose of point-to-point microwave transmission or microwave links are expressly prohibited.
(2)
Platform-mounted or side-arm-mounted antennas of any kind are expressly prohibited.
(3)
Subject to the siting priorities set forth above, WT antennas may be flush-mounted on existing buildings or other structures or on WT towers, provided that:
(a)
WT antennas mounted on existing buildings or other structures shall not, when combined with the height of the building or structure on which they are located, exceed the maximum permitted height in the zone or the height of the existing building or structure, whichever is greater, except when mounted on the face of new or existing mechanical rooms or structures on the roof of the building.
(b)
WT antennas mounted on WT towers shall not extend beyond the height limitations for such towers.
(c)
WT antennas shall be constructed, finished, painted and otherwise camouflaged so as to blend in with their background and minimize their visual impact on the landscape.
D.
WT towers. WT towers shall be consistent with the following requirements:
(1)
WT towers shall be limited to monopole designs only. Freestanding lattice towers and guyed towers of any kind are prohibited.
(2)
Unless technologically infeasible, WT towers shall be designed to permit co-location of additional antennas.
(3)
The maximum height of any WT tower, including any WT antennas or other equipment mounted thereon, shall not exceed 75 feet, except where sufficient engineering data clearly establishes that existing trees or buildings will interfere with the proper operation of the WT antennas the height may be increased to a maximum of 100 feet.
(4)
No WT tower shall be lighted except as may be required by state of federal law.
(5)
No WT tower shall bear any signs, displays, or advertisements of any kind except as may be required by law.
(6)
WT towers shall be constructed, finished, painted and camouflaged to blend in with their background and minimize their visual impact on the landscape.
(7)
WT equipment and WT equipment compound. All WT equipment shall be housed within a WT equipment compound, consistent with the following requirements:
(a)
WT equipment compounds shall be enclosed within a locked security fence at least seven feet in height, unless located within or on the roof of an existing building.
(b)
No WT equipment compound nor any WT equipment housed therein shall exceed 12 feet in overall height.
(c)
WT equipment compounds, including the fence enclosure, shall be constructed, finished, painted and camouflaged to minimize their visual impact on the landscape.
(d)
When WT equipment is installed on the roof of a building, the area of the WT equipment and other structures permitted on the roof of the building shall not exceed 25% of the total roof area.
(e)
Landscaping shall be provided along the perimeter of the WT equipment compound to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall also be landscaped for the same purpose. All WT equipment shall be screened by an evergreen hedge seven feet to 10 feet in height at planting time, or a solid or semisolid fence, or both.
E.
Visual impact. The applicant shall demonstrate that all reasonable efforts were employed to camouflage and minimize the visual impact of any WT technology installed or constructed pursuant to the provisions of this Part 6. All WT technology 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 Subsection B above shall be deemed more acceptable than lower priority sites.
(1)
Sites for WT technology 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)
WT technology shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. Vegetation, tree cover, topographic features and/or other structures, whether natural or manufactured, shall obscure the facility to the maximum extent feasible.
(3)
WT technology 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 shall not be impaired or diminished by the placement of telecommunication facilities.
(4)
WT technology shall fully conform with all applicable state, federal and local laws.
(5)
Routine maintenance of WT technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
F.
Setback requirements for the location of WT technology.
(1)
The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be 150 feet.
(2)
The minimum setback from residential lot lines shall be 150 feet.
(3)
No WT technology shall be located in the required setbacks of any lot.
(4)
No WT technology shall be located on any residential property nor on any nonconforming use.
G.
Additional site plan requirements.
(1)
In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT technology shall include the following:
(a)
An access road, turnaround, and one parking space, as may be necessary to provide adequate emergency and service access, using existing roads, public or private, to the maximum extent practicable;
(b)
The color or colors of the proposed WT equipment and the camouflage methods used;
(c)
A map of existing WT technology within the Borough of Prospect Park which is owned, leased or otherwise under the custody, control, or use of the applicant at the time of application, and of sites within the Borough of Prospect Park where WT technology is proposed or projected to be installed, constructed, erected, moved, reconstructed and/or modified by or for the benefit of the applicant within the next six months;
(d)
A certified load analysis report for the building, structure, existing WT tower, or proposed WT tower upon which a WT antenna is proposed to be located, indicating its ability to support the proposed WT antenna and possible future, co-located WT antennas;
(e)
The approving authority may waive any of these requirements, for good cause shown, where an application is made to locate the proposed WT antenna upon an existing building, structure, or WT tower.
(2)
Needs analysis. The needs analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction or modification of any WT technology within the Borough. This evidence shall include, at a minimum:
(a)
The WT service provider's wireless telecommunications network layout and coverage area for a radius of at least five miles from the zone where the WT technology is planned, identifying all locations:
(b)
All results and, to the extent requested by the approving authority, supporting data derived from tests which must be conducted to determine before and after signal strength plots. These results and data:
[1]
Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement reconstruction, or modification of WT technology within the Borough of Prospect Park; and
[2]
Shall be certified by a qualified radio frequency engineer. The Borough reserves the right to retain a radio frequency engineer on its own behalf at applicant's expense to review the results or data submitted by the applicant.
(c)
A search ring of the zone in which the WT technology is proposed, prepared by a qualified radio frequency engineer and overlaid on an appropriate background map, demonstrating the area within the zone where the WT technology needs to be located in order to provide reasonably necessary signal strength and coverage to the target cell.
(d)
In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified radio frequency engineer which explains why the proposed location was selected and which specifically addresses at a minimum:
[1]
If the applicant proposes to install, construct, erect move, reconstruct or modify a WT antenna upon an existing structure or building, why it is reasonably necessary to locate that WT antenna within the Borough of Prospect Park.
[2]
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing WT tower:
[3]
If the applicant proposes to install, construct, erect, move, reconstruct and/or modify a WT antenna upon a new WT tower:
[a]
Why it is reasonably necessary to locate that WT antenna within the Borough of Prospect Park; and
[b]
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing building or structure within the zone; and
[c]
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing WT tower within the zone.
[4]
These requirements do not apply to changing the direction of any existing WT antenna.
[5]
The maximum permissible exposure analysis for the power at which this proposed WT technology is expected to operate, subject to all applicable state and federal regulations in effect at the time of the installation.
H.
The following criteria shall be considered by the approving authority prior to the approval or denial of a request for a conditional use permit for WT technology. These criteria may be used as a basis to impose reasonable conditions on the applicant.
(1)
Aesthetics. WT technology shall be located, buffered and camouflaged to the maximum extent practicable and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the approving authority may impose reasonable conditions on the approval of the application including the following:
(a)
The approving authority may require the applicant to show that it has made good-faith efforts to minimize the height of proposed towers; to co-locate on existing buildings, structures or WT towers; or to locate proposed new WT towers near existing towers in an effort to consolidate visual disturbances.
(b)
The applicant must submit a copy of its policy regarding co-location with other potential applicants on any proposed WT tower.
(c)
The approving authority may require the applicant to use additional camouflage and/or otherwise modify the proposed construction to minimize the visual impact of the WT technology.
(2)
Radio frequency emissions. The proposed WT antenna shall be operated such that exposure to the RF emissions in normally accessible locations remain within Federal Communications Commission (FCC) exposure guidelines and comply with other related state or federal regulations or requirements. The approving authority may impose conditions on the applicant that competent documentation be provided which establishes that the proposed WT antenna will comply with these guidelines and requirements, and that operation of the proposed WT antenna will not interfere with radio and television reception or with the operation of any other consumer or medical device.
(3)
Removal of WT technology. The applicant shall agree to remove any WT technology if all or part of any such WT technology becomes obsolete, is unrepaired for an unreasonable period, or ceases to be used for its intended purpose for 12 consecutive months.
(a)
The Borough of Prospect Park may, at its sole discretion, require the applicant to provide a demolition bond to the Borough of Prospect Park for the purpose of assuring the removal of any WT technology in accordance with the provisions of this section.
(b)
The applicant will be responsible for providing, on an annual basis, written estimates to the Borough of Prospect Park for the cost to demolish and/or remove the WT technology and to restore the land upon which it is located. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond.
(c)
Structural safety. Upon written request from the Borough of Prospect Park at any time, during the application process or after the installation, construction, erection, movement, reconstruction, or modification of any WT technology, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the WT technology with respect to applicable structural safety standards. Such requests from the Borough shall not occur more often than once every three years.
[1]
If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the Borough which shall contain a reasonable schedule for the required repairs or maintenance.
[2]
Upon their completion, a letter shall promptly be submitted to the Borough of Prospect Park to certify same.
[3]
In the event the applicant fails to comply with these requirements regarding structural safety, the Borough of Prospect Park reserves the right, in addition to all of its other rights and remedies available under state, federal and local law, to declare the applicant in default of its obligations under this chapter.
[4]
Should that occur, the applicant will have 30 days to notify the Borough as to how it intends to cure its default, setting forth a reasonable schedule for same.
[5]
In the event the applicant fails to so notify the Borough, or fails to cure as agreed, the Borough may draw on the applicant's demolition bond and arrange for the removal and/or demolition of the applicant's WT technology; declare the WT technology to be abandoned and arrange for the public auction of the WT technology; and/or pursue such other remedies at law and in equity as may be available.
[6]
Nothing in this section shall be construed to limit the applicant's liability for criminal prosecution.
(4)
Technical consultants. The approving authority may retain technical consultants as it deems necessary to provide assistance in the review of the application, the technical support data, and the proofs and documents submitted to demonstrate compliance with this chapter. The applicant shall bear the reasonable costs associated with such review and consultation, which cost shall be deposited in accordance with the Borough's escrow provisions.
§ 235-2408 Houses of worship.
A.
Minimum lot area: one acre.
B.
Minimum frontage: 150 feet.
C.
Minimum front yard: 40 feet.
D.
Minimum rear yard: 40 feet.
E.
Minimum side yards (each): 30 feet.
F.
Maximum building height (excluding spires, steeples, cupolas, and other ornamentation): same as zoning district requirements for permitted uses.
G.
Side buffer. A strip of land 15% of the average width of the property, but not to exceed 25 feet, shall be planted and maintained as a landscaped side yard buffer in each side yard that abuts a residential zone or use.
H.
Rear buffer. A strip of land 15% of the average depth of the property, but not to exceed 30 feet, shall be planted and maintained as a landscaped rear yard buffer if the rear yard abuts a residential zone or use.
I.
Maximum lot coverage: 40%.
J.
Maximum building coverage: 20%.
K.
Parking shall be only in side and rear yards.
L.
Minimum parking setback from property lines: 15 feet.
§ 235-2409 Retail sales, retail service and restaurants in the Q-MR-1 and Q-MR-2 Districts.
A.
Maximum total commercial building floor area: 22,000 square feet.
B.
Maximum height: 3.5 stories/45 feet.
C.
Condominium-style residential flats are permitted on the upper floors of a retail or restaurant building.
D.
Commercial building(s) shall be designed to harmoniously blend with the architecture of the residential component of the Q-MR-1 and Q-MR-2 Districts.
§ 235-2501 Purpose.
To provide each business enterprise with equal visibility, it must be protected from being masked by overhanging signs or virtually obliterated by nearby signs of incongruous shape, size, design or device. The appearance and visual peace of the community must also be protected by prevention of devices which tend to make the diversion of attention an involuntary act.
§ 235-2502 General prohibitions.
The following types of signs are prohibited everywhere:
A.
Temporary signs identifying architects, engineers, contractors, builders, painters and similar contractors, and tradesmen engaged in construction improvement, repair, and refurbishing of residential dwelling structures.
B.
Advertising signs commonly known as "billboards."
C.
Signs painted or constructed on the exterior walls of buildings having the physical characteristics of billboards, whether or not they relate to the business transacted on the premises.
D.
Silhouetted or three-dimensional signs; i.e., signs lacking a background and having letters, figures, or devices silhouetted against the sky or other open space not a part of the sign, and/or signs in which objects or representational devices are present in the round, or other than in a plane.
E.
Signs in which the colors red and green are used either in direct illumination or in high reflection by the use of special preparation such as fluorescent paint or glass.
F.
Flashing, intermittent, moving or fluttering signs.
G.
Signs producing glare or using bare bulbs or tubing.
H.
Any sign visible from the public right-of-way using an arrow or the word "stop."
I.
Any freestanding sign or one projecting from a building within an area bounded by the intersection of two rights-of-way and points 30 feet from such intersection along the right-of-way.
J.
Roof signs extending above the parapet or eaves of a building.
K.
Freestanding signs in the B-C, B-G-1 and VCR Districts.
§ 235-2503 General permissions.
A.
Not more than one real estate sign advertising the sale, rental, or lease of the premises on which it is maintained shall be permitted. Such signs shall be distant at least 25 feet from any street line unless attached to a portion of a building that may be nearer the street line. Such signs shall not exceed four square feet of surface area.
B.
One nonilluminated identification sign, not exceeding one square foot in area, shall be permitted in any zone for each tenant and owner.
C.
Temporary signs identifying architects, engineers, contractors, builders, painters and similar contractors, and tradesmen engaged in construction improvement, repair, and refurbishing of buildings in all zones other than single-family zones shall be permitted to have an area of 12 square feet.
D.
One sign identifying public or quasi-public uses such as the following shall be permitted to have an area of 12 square feet, subject to other foregoing restrictions: public buildings, schools, churches, hospitals or clinics, clubs or lodges, public utilities, hotels, and provided further that no letters are more than six inches high.
E.
In the Q-MR-1 and Q-MR-2 Districts, one entrance sign per ingress shall be permitted to have an area of 20 square feet and provided that no letters are more than eight inches high.
F.
Backlighted signs or those in which letters are silhouetted against a light background shall be permitted.
§ 235-2504 Signs permitted in nonresidential zones.
Signs complying with the following provisions are permitted in all zones other than residential:
A.
Location. Each sign shall be placed either 1) parallel to building facade and projecting not more than 12 inches therefrom; or 2) in alignment with other facing of a covered passageway and at least nine feet above the finished floor thereof; or 3) at right angles to building facade and under covered passageway and at least nine feet above the finished floor of such passageway or, if the roof of such covered passageway shall be less than 10 feet in height, at least seven feet above the finished floor thereof. In any case, each sign shall be below the top of the first story, below the top of the parapet of the premises, or not over 17 feet above grade, whichever shall be lower, and shall be at least three feet from side lot boundaries and at least six feet from other signs.
B.
Area. The aggregate area of all permanent signs on a lot, visible from any single point on any right-of-way, shall not exceed one square foot for each lineal foot of building fronting on a street, and no single letter, symbol, or device shall exceed a thirty-inch square. Permanent signs visible on or through window are included within these limitations.
C.
Temporary signs may be used subject to all foregoing limitations other than area; in which respect they may not be such that the total area of both permanent and temporary signs exceeds one square feet for each linear foot of building fronting on the street or 15% of the first-story glass area, whichever is the smaller sign area. Displays of merchandise and labels on merchandise containers are not considered signs.
D.
Freestanding signs shall not project beyond the right-of-way line nor into any required yard, shall not be closer than 20 feet to any side boundary line, and shall be set no less than 12 feet nor more than 17 feet above the curb. The area of such sign visible from any single point on the right-of-way (e.g., one face of a sign at right angles to the street) shall be included in maximum aggregate area limitations set forth above.
E.
Wording of permanent signs shall be limited to the name of the person or company conducting business on the premises and may state the nature of that business but may not list the articles for sale.
F.
Signs identifying facilities and directions thereto may be approved by the Land Use Board.
§ 235-2505 Construction.
Signs shall be constructed as specified in the Uniform Construction Code. This chapter, however, shall take precedence over that code in all matters pertaining to the regulation of design.
§ 235-2506 Nonconforming signs.
Nonconforming signs may be replaced only by conforming signs. For example, at the time of a change of tenants, the new tenant's sign shall conform even if the sign it replaces is nonconforming.
§ 235-2601 Minimum required off-street parking schedule for nonresidential uses.
The number of off-street parking spaces required for any nonresidential uses. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule I below.
A.
Unscheduled uses. Off-street parking requirements for uses not listed in Parking Schedule I shall be established by the Board, based upon accepted industry standards.
B.
Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification.
C.
Fractional spaces. Whenever the application of Parking Schedule I standards results in the requirements of a major fraction of a space in excess of 50%, a full space shall be required.
Parking Schedule I | |
|---|---|
Parking Requirements for Nonresidential Uses | |
Use | Required Parking Spaces |
Automotive showroom/sales lot | 1 per 300 square feet of showroom and sales office space |
Bowling establishment | 2 per lane |
Car wash | 3 per washing lane |
Financial institution | 1 for each 200 square feet of building area or 5 spaces per teller, whichever is greater |
Funeral home, mortuary | 10 for each viewing room/minimum 30 spaces |
Garden center | 1 per each 1,500 square feet property area |
Gasoline service station or repair garage | 3 for each bay, plus 1 for each service vehicle |
Home occupation (major) | 1 per employee |
Hotel/motel | 1 per room, plus 1 space for each 1,000 square feet of conference or similar space |
Indoor recreation, including roller rink, ice rink, recreation center and sports club | 4.5 for each 1,000 square feet of building area |
Laboratory, research use | 1 for each 300 square feet of net building area |
Long-term care facility | 0.3 spaces per bed plus 1 space per full-time staff, plus 1 space for every 2 part-time staff on the maximum shift |
Medical office | 4 for each doctor plus 1 per 250 square feet of building area |
Office | 1 per 400 square feet |
Outdoor recreation: | |
Court games | 4 per court |
Other | 1 per 150 square feet of assemblage space |
Places of worship, community buildings, social halls and places of indoor public assembly | 1 for each 3 seats; where the specific amount of seating is undetermined, then 1 parking space shall be required for each 75 square feet of assemblage area |
Restaurant, catering hall1 | 1 for each 3 seats |
Retail uses not separately listed2 | 1 per 400 square feet |
Educational facility: | |
Elementary and intermediate school | 1 per employee |
Secondary school | 1 per employee plus 1 per each 5 students in grades 11 and 12 |
Postsecondary and other educational facility | 2 per each 3 full-time students and 1 for each 5 part-time students |
Theater | 1 for each 3 seats |
NOTES: | |
1 | Takeout components of restaurants shall add one additional space for each 25 square feet of takeout service area. |
2 | Retail uses such as delis, bakeries and coffee shops with on-site seating shall add one additional space for every three seats. |
D.
On-street parking directly in front of a business shall count towards meeting off-street parking requirements. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
§ 235-2602 Minimum required off-street parking schedule for residential uses.
The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule II below. Alternative parking standards to those shown in the schedule below shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location and available off-site parking sources.
Parking Schedule IIa | |
|---|---|
Parking Requirements for Residential Land Uses | |
Housing Unit Type/Sizeb | Parking Requirement |
Single-family detached and two-family | |
2-bedroom | 1.5 |
3-bedroom | 2.0 |
4-bedroom | 2.5c |
5-bedroom | 3.0 |
Garden apartmentb | |
1-bedroom | 1.8 |
2-bedroom | 2.0c |
3-bedroom | 2.1 |
Townhouseb | |
1-bedroom | 1.8 |
2-bedroom | 2.3c |
3-bedroom | 2.4 |
Retirement community | Values shall be commensurate with the most appropriate housing type and size noted above that the retirement community resembles |
Assisted living | 0.5 |
NOTES: | |
a | As amended from time to time. |
b | Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking (0.5 spaces per dwelling unit). Guest parking must either be provided for on street or in common parking areas. |
c | If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply. |
A.
Garage and driveway combinations shall be counted as follows:
(1)
Each garage car space shall be counted as 1.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way.
(2)
A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way.
(3)
A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
B.
When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted.
C.
When, in the judgment of the Board, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
D.
For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7), to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
§ 235-2603 Commercial vehicles in residential zones.
In a residential zone only, one commercial vehicle of a rated capacity of one ton or less may be kept on the premises.
§ 235-2604 Parking of recreational equipment.
No mobile dwelling, trailer or any other recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Borough, except as hereinafter provided:
A.
Recreational equipment may be stored or parked within a closed building or garage on the premises.
B.
Recreational equipment may be stored or parked outdoors on any premises upon the following terms and conditions:
(1)
Not more than one recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Borough, except as hereinafter provided. For purposes of this chapter, premises shall include adjoining lots in common ownership, unless said adjoining lots otherwise conform to this chapter and other provisions hereof.
(2)
No recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.
(3)
No recreational equipment shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.
(4)
No recreational equipment shall be stored or parked in any district as an accessory building or use, except as herein provided.
(5)
No recreational equipment shall exceed the following bulk requirements:
(a)
A maximum height of 12 feet as parked, including trailer, cradle or mount, but excluding mast in the case of a boat.
(b)
A maximum body length of 30 feet, excluding trailer hitch, tongue and bumper.
(c)
A maximum of eight feet in body width, excluding hardware.
(d)
A maximum gross weight of 12,000 pounds, including trailer and mount.
C.
No recreational equipment shall be stored or parked within any front yard or side yard required under this chapter. These requirements shall apply to both frontages on a corner lot. In addition, all recreational equipment shall be stored or parked to the rear of the rear building line of the principal building.
D.
All recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.
E.
The owner of the recreational equipment shall have and display upon request to any authorized officials of the Borough satisfactory proof of ownership of such recreational equipment.
F.
All recreational equipment shall be maintained in mobile condition.
G.
No recreational equipment shall be used for sleeping or dwelling purposes while on said premises and shall not be commercially stored or offered or displayed for sale. Further, such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.
H.
No construction or repair of any such recreational equipment shall be carried on outdoors in any residential district. For purposes of this chapter, construction or repair shall not include essential maintenance.
I.
No recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.
J.
Loading and unloading of recreational equipment at any location on the premises is permitted, provided that said vehicle is not stored or parked for a period longer than 48 hours in any seven consecutive days.
§ 235-2605 Screening for recreational equipment.
All recreational equipment shall be effectively screened with attractive plantings, shrubs and trees or fencing so as not to be readily visible from the street or from any adjoining or nearby properties.
§ 235-26A01 Purpose.
The purpose of this article is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle supply/service equipment (EVSE) and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
A.
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
B.
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
C.
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
D.
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
§ 235-26A02 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
§ 235-26A03 Approvals and permits.
A.
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
C.
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
D.
The Borough of Prospect Park or its designee shall enforce all signage and installation requirements described in this article. Failure to meet the requirements in this article shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Prospect Park's land use regulations.
E.
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other Land Use Board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(1)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(2)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(3)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
F.
An application pursuant to Subsection E above shall be deemed complete if:
(1)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(2)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(3)
A one-time written correction notice is not issued by the Borough of Prospect Park or its designee within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
G.
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
H.
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
§ 235-26A04 Requirements for new installation of EVSE and make-ready parking spaces.
A.
Multiple dwellings.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(2)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(3)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
B.
Other parking lots and garages.
(1)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection A above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(2)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(3)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(4)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
§ 235-26A05 Minimum parking requirements.
A.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Article XXVI.
B.
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
C.
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
§ 235-26A06 Reasonable standards for all new EVSE and make-ready parking spaces.
A.
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
B.
Installation.
(1)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(2)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(3)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(4)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
C.
EVSE parking.
(1)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(2)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(3)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine and/or impoundment of the offending vehicle in accordance with applicable rules and regulations. Signage indicating the penalties for violations shall comply with Subsection E below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(4)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
D.
Safety.
(1)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection E below.
(2)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with applicable regulations.
(3)
Adequate EVSE protection, such as concrete-filled steel bollards, shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(4)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection D(5) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(5)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(6)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(7)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Prospect Park shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
E.
Signs.
(1)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(2)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(3)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection E(2) above.
(4)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
F.
Usage fees.
(1)
For publicly accessible municipal EVSE: In addition to any parking fees, a fee to use parking spaces within the municipality identified as EVSE spaces shall be levied for each hour that the electric vehicle is connected to the EVSE.
(2)
This fee may be amended by a resolution adopted by the governing body with the prevailing fee clearly advertised at EVSE spaces.
(3)
Private EVSE: Nothing in this article shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
§ 235-2701 Nonconforming buildings or structures.
A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, loading, or similar dimensional requirements of the chapter shall be deemed to be a nonconforming building or nonconforming structure. No permit shall be issued that will result in the increase of any dimensional nonconformity, but any building or structure or portion thereof may be altered to decrease its dimensional nonconformity.
§ 235-2702 Continuance of existing nonconforming uses and structures.
Any nonconforming use or structure which lawfully existed at the time of the passage of this Part 6 may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this Part 6.
§ 235-2703 Discontinuance of nonconforming use.
If a nonconforming use ceases for any reason for a period of 12 consecutive months, or is changed to a conforming use, any future use of the land, building or structure shall be in conformity with the provisions of this chapter. Substantial cessation of activities consistent with or required for the operation of such nonconforming use or substantial vacancy of the building or structure in which the nonconforming use was conducted, together with substantial cessation of activities consistent with or required for the operation of such nonconforming use shall be deemed to constitute a discontinuation thereof within the meaning of this chapter, irrespective of whether an intention to abandon the nonconforming use may exist. On application, prior to the expiration of the twelve-month period as specified herein, the Zoning Board of Adjustment may extend the period for up to six additional months upon a finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the building or structure for a permitted use or a use granted by special use permit. If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.
§ 235-2704 Alteration, extension or enlargement of nonconforming use or structure.
A.
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
B.
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(1)
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(2)
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(3)
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
C.
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Part 6, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
D.
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
§ 235-2705 Restoration of existing building or structures nonconforming because of use.
Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof.
§ 235-2706 Restoration of existing buildings or structures nonconforming for reasons other than use.
Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this Part 6, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
§ 235-2707 Nonconforming improved lot.
When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
A.
The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone, unless approved by the Land Use Board.
B.
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additions of any type.
D.
The Construction Official of the Borough of Prospect Park is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this section.
§ 235-2708 Nonconforming unimproved lot.
Notwithstanding any other provisions of this Part 6, any existing nonconforming lot in the R-1 and R-2 Zones not adjoining any vacant land and which is nonconforming due to shape or area may be improved with a new building or structure in accordance with the use requirements of this Part 6, provided that the minimum setbacks shall be as required in the Schedule of Space Regulations,[1] except required side street setbacks on corner lots may be reduced six inches for each foot for the lot is under the minimum width required in the zone district, but shall not be reduced below 1/2 the minimum required setback.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 235-2709 Nonconforming signs.
A.
Billboards as defined herein and as previously permitted as advertising signs shall be deemed to be distinct nonconforming uses, as defined in this chapter.
B.
Any roof sign as defined in this chapter or any outdoor display sign erected, constructed, maintained or painted on or over the roof of any building, or on or above any roof level of a parapet wall, shall be deemed to be distinct nonconforming uses as defined in this chapter.
§ 235-2710 Nonconforming structures in B-G-1, B-C and VCR Zones.
Any nonconforming structure located in the B-G-1, B-C, or VCR District can be further developed, provided that the degree of nonconformity is not further increased.