Rahway City Zoning Code

Trucks, vans, tractors, trailers, commercial limousines or commercial vehicles with registered gross weights of four tons or less may be parked in any residential zone, if garaged, provided that:

Two-axle passenger vans, minivans and similar vehicles which are not registered as commercial vehicles and do not exceed a registered gross weight of four tons shall be exempt from the restrictions of Subsection A(1) above.

Trucks, vans, tractors, trailers or commercial vehicles, which are actively picking up or delivering materials, shall be exempt from the restrictions of Subsection B above.

Front to front, front to rear: 65 feet.

Rear to rear: 40 feet.

Front to side or rear to side: 35 feet.

Side to side: 20 feet.

All lands and structures not deeded and accepted by the municipality shall be serviced and maintained by the owner or homeowners' association, including but not limited to streets, playgrounds, snow plowing, garbage and trash pickup, and other services. Police and fire access shall be acquired according to law.

Chapter 257 of the Code of the City of Rahway, entitled "Housing and Property Maintenance," shall govern the maintenance of all common areas of the development. The owner or organization established is responsible for the proper maintenance of the property.

Deed restriction. The applicant shall deliver to the City of Rahway for its approval appropriate documents establishing deed restrictions prohibiting, in perpetuity, any land designated for common open space from being used for any other purpose and all other covenants and deed restrictions which will be contained in the master deed and unit deed.

Organization for common ownership required. The applicant shall establish a legally constituted homeowners' association for the ownership and maintenance of all common space and any streets not accepted for dedication by the City of Rahway. This organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and nondedicated streets.

Rules of organizations. Any homeowners' association established in accordance with Subsection T(2) above shall:

Common open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common open space and undedicated streets in the development.

The developer shall convey title to the common open space area to the aforesaid homeowners' association at such time as the aforesaid association is able to maintain the area or at such time as may be designated by the Planning Board of the City of Rahway, which date shall be consonant with the policy expressed herein.

Front to front, front to rear: 35 feet.

Rear to rear: 30 feet.

Front to side or rear to side: 25 feet.

Side to side: 15 feet.

The tract area devoted to and location of the land uses to be included in the planned development;

The total number of dwelling units and amount of nonresidential floor area to be provided and the proposed land area devoted to residential and nonresidential land uses;

The proposed types of nonresidential uses to be included in the planned development, and the land area to be occupied by each proposed use, shall be estimated;

The proposed density and intensity of use of the entire planned development, including a residential density and nonresidential floor area ratio;

A circulation plan showing the location and configuration of the proposed on- and off-site improvements for vehicular and pedestrian access, including linkages and public access to the waterfront and to the Central Business Zone and location and number of parking spaces proposed;

An open space plan showing the proposed areas of the site set aside as open space, conservation or for recreation, including a description of the improvements proposed thereon and a plan for the operation and maintenance of such open space;

A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessary, and methods of handling solid waste and recycling;

A stormwater management plan setting forth the proposed method of controlling and managing stormwater;

A fiscal impact report describing the anticipated demand on municipal and school district services, including a projection of tax revenues generated and costs incurred to the city, the school district and county following completion of development;

A proposed timing schedule in the case where a planned development is contemplated over a period of years, including any terms and conditions which are intended to serve the interests of the public and of the residents who occupy the planned development prior to its completion in entirety.

Minimum tract area: seven acres.

Minimum tract width and depth: 200 feet.

Minimum building setbacks:

Minimum buffer. A buffer strip of at least 15 feet shall be provided around that portion of the perimeter which adjoins adjacent development.

Residential densities or floor area ratios:

Nonresidential floor area ratios. The maximum floor area ratio of that portion of the tract devoted to nonresidential uses shall be 60%.

Maximum heights:

Building coverage. The maximum building coverage for the entire tract shall be 35%.

Lot coverage. The maximum lot coverage for the entire tract shall be 75%.

Accessory buildings. Accessory buildings shall adhere to the setback requirements for all principal uses or buildings.

The overall plan shall provide for an effective and unified treatment of the development possibilities of the site, making appropriate provision for the preservation of amenities of the site and the surrounding areas.

All buildings in the layout and design shall be an integral part of the development and shall have convenient access to and from adjacent uses and blocks.

Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.

Treatment of the sides and rears of all buildings within the planned development shall be comparable in building materials as to the treatment given to the street frontages of these same buildings.

The design of buildings and the parking facilities shall take advantage of the topography of the site, where appropriate, to provide separate levels of access.

All buildings shall be arranged so as to be accessible to emergency vehicles.

Facilities for the temporary storage of refuse and garbage awaiting removal shall be designed and located in such a manner as to make the facilities inconspicuous to the general public and to prevent the spread of refuse to other areas. Trash cans are encouraged and shall be screened from public view rather than dumpsters.

Air-conditioning and other mechanical equipment shall be screened from public view with suitable materials to harmonize with the total development.

Fountains and sculptures. Aesthetic features incorporated into garden or play areas as focal points or as freestanding points of interest anywhere in the project area accessible to the general public shall be provided.

Plazas or gardens. Landscaped areas, other than mall areas, designed for aesthetic value and preparation comfort shall be provided.

Rest rooms. Public rest room facilities shall be available in several convenient locations.

The amount of parking provided shall comply with § 349-5 of Chapter 349, Site Plan Review.

Parking areas shall be divided into lots separated by appropriate landscaping. Driveways and internal roads shall be separated from parking areas and aisles by curbed landscaped islands to facilitate traffic movements. Consideration shall be given to topography, location and other similar circumstances in accordance with recognized principles of planning and design.

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

Parking may encroach 10 feet into the 35 feet of setback area but must have a berm of five-tenths-foot for every foot of encroachment, not to exceed 10 feet of encroachment into the setback area.

Above-grade loading facilities shall be screened from public view to the extent necessary to eliminate unsightliness.

The minimum parking lot setback from public streets shall be 35 feet, the same as the required buffer and required building setback. The setback from lot lines of a residential zone shall be five feet.

Open space. A minimum of 25% of the total land area of the planned business development shall be developed as open space. In calculating open space, the area of plazas, open or enclosed pedestrian shopping malls, pedestrian walkways, landscaped areas, within and between parking areas shall also be included. The precise uses to which such open space shall be devoted shall be subject to the approval of the municipal agency.

Buffer area. The buffer area around the perimeter of the property shall be appropriately landscaped so as to generally enhance the appearance of the site and shall not contain roads, driveways, parking areas or signs.

Landscape treatment for plazas, roads, walkways, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site. Primary landscape treatment shall consist of shrubs, ground cover and trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to growing conditions. Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways and off-street parking and loading space.

Roads. Pedestrian walks and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings and appropriately landscaped.

Buildings, parking areas and vehicular circulation shall be arranged so that pedestrian movement is not unnecessarily exposed to vehicular traffic.

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.

The location and design of pedestrian walks should emphasize desirable views of new and existing development.

The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes, where reasonably possible.

Common or shared parking. The development of shared parking facilities between and across adjacent properties shall be encouraged and permitted, provided that the amount of shared parking is agreed upon by the municipal agency.

General. No exterior signs shall be permitted, except those described herein. Signs, or any part thereof, shall not be permitted to move, rotate or revolve. Flashing or intermittent variation in the illumination of a sign or its lettering shall not be permitted. Posters, pinwheels and other attention-attracting forms of advertising shall not be permitted outside of any structure. No sign shall interfere with the safe functioning of any traffic control signal or directional device.

Identification signs (freestanding).

Facade signs identifying or advertising the names or uses of the tenants or occupants of the planned commercial development shall be affixed to the buildings and shall occupy no more than 10% of the aggregate of the total exterior wall areas of such buildings. Facade signs may be placed on all exposed sides of a building, provided that the total area of all signs does not exceed 10% of the front facade area. This section should not be construed to provide individual tenants of multistoried nonretail commercial buildings with facade signs. Only the nonretail building itself may be identified in accordance with the requirements of this section. Directional signs and information signs, such as those identifying entrances, exits and the location of rest rooms and other places of public convenience, affixed to the buildings shall not be included within the foregoing ten-percent limitation. No sign affixed to a building shall project beyond the sides or the front of the building or above the top of any parapet or wall. Interior signs shall be exempted from this chapter.

Canopy. Where walkways are roofed over by a permanently installed rigid canopy or other structural device, one sign may be installed on the underside of such canopy for each store or occupant, provided that the sign is hung perpendicularly to the facade of the building. The aggregate area of both sides of any such signs shall not exceed eight square feet in area and shall not be less than 10 feet above any walkway. This provision shall not apply to signs within an enclosed all-weather shopping mall.

Roof signs. Roof signs shall be specifically prohibited.

Directional signs. Directional signs are permitted to direct traffic within and entering and exiting the development. Such signs shall not exceed an aggregate of 12 feet and shall not exceed a height of five feet. The maximum number of signs shall be at the discretion of the municipal agency.

Minimum distance between principal buildings. More than one principal building on a lot shall be separated by a distance not less than 25 feet from other principal buildings, which may be reduced by the approving board as part of site plan review and dictated by air, light, safety, aesthetics, and use considerations. Buildings connected by covered walkways or other connections shall maintain a minimum distance of 15 feet between buildings.

Setback from a residential zone boundary or use. The minimum distance a principal building shall be set back from a residential zone boundary line shall be 100 feet, and the minimum distance a principal building shall be set back from a residential use property line shall be 50 feet.

No front, side or rear yard shall be required where the front, side or rear lot line is a railroad right-of-way or lot line of properties under the same ownership. For purposes of this § 421-45A(3), properties shall be defined to be in the "same ownership" if they are owned by the same individual(s), corporation(s), partnership(s), or other entity(ies) or if one property is owned by any corporation which controls, is controlled by or is under common control with the owner of the other property, or is owned by any corporation resulting from a merger or consolidation with the other property owner, or is owned by any subsidiary or affiliate of the other property owner, or is owned by any joint venture of which the other property owner is a partner.

Accessory buildings. Accessory buildings shall be set back from all lot lines one foot for each one foot of height up to a maximum of 25 feet. Where the yard abuts a residential zone, the accessory buildings shall meet all the setback requirements of a principal building in the O-R Zone. Fences and walls shall be excluded from this requirement.

Off-street parking is required, subject to regulations and conditions specified in Article VIII of this chapter, except as superseded below:

In the O-R Zone, adequate off-street loading and unloading shall be provided based upon site-specific facility needs, and this provision shall supersede off-street loading and unloading standards specified in Article VIII of the chapter.

Landscaping standards. The following landscaping standards shall only apply to development in the O-R Zone:

Buffers.

No outside storage of materials, raw or finished, shall be stored in any yard or open area unless screened from public view. However, this requirement shall not apply to temporary storage of construction trailers, equipment, materials and facilities.

Temporary construction lay down areas, construction trailers, equipment, materials and facilities shall be permitted in accordance with an approved site plan, and shall be removed after the completion of construction.

Signage shall comply with § 421-49 of this chapter, except as superseded by the following provisions:

Any provision of the existing Rahway Zoning Ordinance expressly superseded by this § 421-45 shall be superseded relative to the O-R Zone only.

No building permit shall be issued for any new structure, or structure to be changed in size, or alteration of an existing site plan in this district until the site plan has been reviewed and approved in accordance with Chapter 53, Land Use Procedures, except that no site plan approval shall be required when the proposed expansion or alteration does not exceed 5,000 square feet.

Any other uses shall require site plan approval.

Private in-ground and portable swimming pools accessory to a residential use shall be erected on the same zone lot as the principal structure. The pool may be erected in the side or rear yard of the zone lot. The wall of the swimming pool shall be located no closer than five feet to a side or rear yard line. All such pools shall be suitably fenced in accordance with requirements of § 349-8 of Chapter 349, Site Plan Review.

These regulations shall not apply to portable swimming pools which are less than two feet in height.

The impervious lot coverage shall not exceed that permitted by the Schedule of Lot, Height and Yard Requirements.[1]

The tennis court shall not be located closer than 10 feet to any side lot line and not closer than 20 feet from any rear lot line.

The tennis court shall only be located in the rear yard portion of the premises.

A fence with a maximum height of 10 feet shall be permitted incidental to the tennis court.

Lighting designed for illumination of the tennis court for night use is prohibited.

The tennis court may be used only by the residents of the premises and their non-fee-paying guests and shall not be used as a revenue-generating operation.

The maximum area of a storage shed in a residential zone shall be 160 square feet, and the maximum height shall be nine feet.

No storage shed can be located closer to any lot line than three feet.

No storage shed can be located closer to the street right-of-way line than the required front yard setback for the principal structure.

Only the residents who occupy the dwelling unit shall be engaged in the occupation. No outside employees shall be permitted to work on the premises.

There shall be no signage or other display which indicates that the dwelling unit is being utilized in whole or in part for any other purpose than that of a dwelling.

No mechanical or electrical equipment shall be utilized which exceeds five horsepower, or which creates heat, glare, smoke, noise or vibration which is perceptible beyond the boundary of the premises.

Awnings shall be at least eight feet above the ground and shall not project more than six feet beyond a building facade.

Any lettering, logos or other writings on awnings shall be considered and counted as signage under this chapter.

Consideration shall be given to the shape, texture, color and form of awnings, as well as the extent to which it is in keeping with the aesthetics of the commercial area in which it is located.

Such areas shall be confined to that portion of the front yard immediately in front of the principal building and shall not extend beyond the width or height of the principal building nor more than four feet from the front wall of the principal building.

Wares and products in the display area shall not obscure more than 20% of the front facade of the principal building.

Such display areas shall not block or interfere with pedestrian or vehicular access on any sidewalk or street.

Outdoor dining areas shall only be permitted in conjunction with a permitted restaurant or eating and drinking establishment.

The area used for outdoor dining shall be set back:

Such an area shall be substantially screened from neighboring properties and parking areas by means of fences or vegetation.

No such outdoor dining area shall be operated later than 10:30 p.m. from Sunday to Thursday, and no later than 11:30 p.m. on Fridays, Saturdays and evenings prior to public holidays.

An enclosed area shall be provided for the temporary storage of trash or recycling materials and other refuse. Trash receptacles shall be covered. The enclosed area shall be on a durable, paved surface and designed and screened by dense landscaping or an attractive, solid architectural fence at least six feet in height, so that the trash and refuse will not be seen by the general public or from adjoining properties.

For any application for a subdivision for 50 or more single-family dwelling units, a storage area of 12 square feet within each dwelling unit to accommodate a four-week accumulation of designated recyclable materials shall be provided. The storage area may be located in a laundry room, garage, basement or kitchen.

For each application for 25 or more multifamily dwelling units, a storage area of three square feet within each dwelling unit to accommodate a one-week accumulation of designated recyclable materials shall be provided. The approving agency may require the applicant to designate a centralized storage area for recyclable materials.

For each application for commercial or industrial development utilizing 1,000 or more square feet of land, the applicant shall provide the approving agency with estimates of the amount of recyclable materials to be generated each week. The approving agency may require the applicant to provide metal receptacles for the storage of recyclable materials within the refuse storage area.

Protect the public health, safety and welfare by restricting signs which impair the public's ability to receive information, violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.

Encourage signs which promote a desirable visual environment through creative, yet orderly, design arrangements.

Encourage signs which aid orientation, identify activities, describe local history and character or serve other educational purposes.

Ensure the replacement of nonconforming signs by conforming signs through strict enforcement of the procedures and requirements of this section.

Banners, advertising flags and any modification thereof, such as posters, pennants, ribbons, streamers, spinners, balloons, kites or similarly moving devices.

No animated or moving signs shall be permitted, except for the required movement of time and temperature displays (except as provided in Subsection E).

Any signs which utilize reflection-enhanced or fluorescent colors or contain any material which sparkles, reflects or glitters (except as provided in Subsection E).

Any signs which in any way simulate official, directional, or warning signs erected or maintained by the State of New Jersey or a county or municipality thereof or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.

Signs that extend above the roofline or beyond the ends of a wall to which they are attached or which project more than six inches from the wall to which they are attached, unless they are projecting signs.

Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for fire-fighting purposes or placed so as to interfere with any opening required for legal ventilation.

Rope lighting, or other similar linear lighting with small lights [usually incandescent bulbs or light-emitting diodes (LEDs)] covered in heavy-duty plastic tubing, and installed to outline signs, merchandise, windows, buildings, or building elements, where such lighting is intended to be visible from the exterior of the building is prohibited.

Roof signs, billboards and portable sidewalk signs (except as permitted in Subsection G).

Signs that extend over the line or surface of sidewalks, roads or driveways or that use trees, utility poles, traffic sign posts, and parking meters. This subsection shall not apply to flags and banners permitted under Subsection C(1), above, nor to projecting signs.

Signs that relate to a business not conducted on the premises.

Signs that do not conform to the illumination requirements of this chapter.

Any signs that use fluorescent (e.g., Day-Glo) colors.

Any signs, other than municipal, county or state, erected within the right-of-way of any street or approved sight easements, whether portable, permanent or temporary. No sign shall be located so as to constitute a traffic hazard.

Any sign on a motor vehicle or trailer parked for display purposes, other than signs advising the public that the vehicle in question is for sale.

Any signs which, after 10 days, describe business goods no longer sold or produced or services no longer provided, except where there has been a termination of occupancy. Signs describing a business no longer operating at that location must be removed within 60 days.

Any marquees or marquee signs, except on theaters.

Any signs not expressly permitted by this chapter.

No person may affix any sign in any public place without obtaining the required permit(s) unless said sign is exempt from permit requirements under Subsection H.

No sign shall have its highest section higher than the height requirements of the zone as established in this chapter.

All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings or faces, maintenance of legibility and all lighting elements.

The owner of the property shall be responsible for keeping the area surrounding the ground and/or freestanding sign neat, clean and landscaped.

A sign must be positioned in the natural architectural sign band on a building facade if one exists. If such sign band does not exist, the bottom of the sign may not be positioned to go more than 12 inches above the top of the display window.

No sign may consist of more than four colors, including the background color, except logos or symbols. Lettering must give a consistent and professional appearance.

All signs must comply with applicable provisions of the Uniform Construction Code,[1] particularly, but not exclusively, the Electrical Subcode, in accordance with which all lighting devices must be installed and maintained.

Nonconforming signs shall not be rebuilt, enlarged, changed or altered in size, location, text or appearance unless they shall be made to conform to these regulations.

A change of business name or any other item of information on an existing sign constitutes a new sign and requires a permit.

(Reserved)

No sign shall project over, occupy or obstruct any window surface required for light or ventilation.

All existing signs erected prior to the enactment of this chapter which do not meet the requirements of this chapter regarding size, height, location or type, being, therefore, nonconforming signs, shall be permitted to remain for a period of three years after enactment of this chapter. This provision shall include signs for which a building permit was secured under the previous Zoning Ordinance, previously exempted signs or signs which were considered legally nonconforming under the previous Zoning Ordinance. All other signs are illegal and subject to removal at any time.

For internally illuminated signs, the source of illumination itself must not be visible.

No sign shall have blinking, flashing, strobe or fluttering lights or any other illumination devices which have a changing light intensity, brightness or color, except for time and temperature. Beacon lights are not permitted.

An illuminated sign located on a lot adjacent to or across the street from any residential district and visible from such residential district shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m., unless the use to which the sign pertains is open for business during those hours.

Light-emitting-diode (LED) signs shall be permitted for all changeable copy, time and temperature signs subject to the following regulations:

The following types of permanent signs shall be permitted:

The following types of temporary signs shall be permitted:

The rules governing the erection of temporary signs dealing with the sale of the premises are as follows:

The rules governing the erection of temporary signs announcing to the general public that the building or buildings on the premises are being altered, repaired, painted, renovated or reconstructed shall be as follows:

The rules governing the erection of temporary signs dealing with a political campaign are as follows:

Temporary signs erected to announce a garage sale shall not be erected more than five days prior to the date of sale and shall be removed within 24 hours of the completion of the garage sale as advertised.

All permitted signs in the R-1 and R-2 Residential Zones must be set back at least five feet from all property lines.

The following permanent signs are permitted in B-1, B-4, and B-5 Business Zones:

B-2 and B-3 Business Zones.

Industrial zones. In all industrial zones, the following types of signs shall be permitted:

All other zones. In all other zones, the type, location, size and placement of signs shall be at the discretion of the Planning Board at the time of site plan review.

Nameplate signs. One nameplate sign, not more than one square foot in area, provided that such signs are not internally illuminated or spotlighted.

Governmental signs that are erected or authorized by a governmental unit.

Flags or emblems of religious, philanthropic, educational or government organizations, which shall be flown from supports on the buildings or grounds being occupied by the organization.

Signs which are an integral part of vending machines and gasoline pumps.

Temporary window signs as permitted in Subsection G of this section.

Nonilluminated temporary signs advertising the sale or rental of the premises upon which they are situated, provided that such signs meet all the restrictions and requirements previously stated in this section.

Temporary signs indicating a political preference or a political cause, provided that such signs meet all restrictions and requirements previously stated in this chapter. Such signs shall not exceed six square feet in any residential zone or 25 square feet in any other zone.

It shall be unlawful to construct or install a security gate over or across the front door or windows of any residential or commercial premises, property or structure. All security gates shall be installed in the interior of a building or structure.

No security gate shall be solid or impermeable in nature. Security gates shall be of a type commonly referred to as the grate or lattice type, with a minimum of 80% of the gate area being of see-through composition. All gates and the accompanying hardware shall be of suitable materials and maintained in a state of good repair.

The area of a sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented, including mounting on frames.

The sign area for a freestanding sign with more than one face shall be computed by determining the maximum area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, the sign area shall be computed by the measurement of one of the faces.

The area of a sign containing individual letters shall be computed as the total square foot area of the smallest rectangle which can enclose all of the letters or figures.

Window signs and permanent signs within the interior of a structure, designed to be seen and read from the exterior, shall be included as part of any maximum permanent sign area allowance.

Chipped or peeling paint or surfaces marred by graffiti.

Torn paper or broken or damaged lettering or material of any kind.

Illegible material, whether by reason of fading, obliteration or any other condition.

Dirty, rotten, broken, rusted or otherwise damaged condition.

Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Height. The height of the proposed building shall be visually compatible with adjacent buildings.

Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.

Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.

Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.

Walls of continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility with the buildings and places to which it is visually related.

Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.

Directional expression of front elevation. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.

Exterior features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways, and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.

Regulated activities other than demolitions and removals. In regard to an application involving any regulated activity other than demolition or removal, the following matters shall be considered:

Demolitions. In regard to an application to demolish an historic landmark, or any improvement within an historic district, the following matters shall be considered:

In regard to an application to move an historic structure or any building or structure in an historic streetscape or district to a new location, the following matters shall be considered:

General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

Permitted uses. The following uses are specifically permitted:

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the City Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Rahway or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The City Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the City of Rahway, provided, however, that the City Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Aesthetics. Towers and antennas shall meet the following requirements:

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the Federal Communications Commission and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City of Rahway concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Rahway irrespective of municipal and county jurisdictional boundaries.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Rahway have been obtained and shall file a copy of all required franchises with the City Zoning Officer.

Signs. No signs shall be allowed on an antenna or tower.

Multiple antenna/tower plan. The City of Rahway encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.

Minimum front yard setback: 50 feet or the height of the structure, whichever is greater.

Minimum rear yard setback: 50 feet or the height of the structure, whichever is greater.

Minimum side yard setback: five feet.

Maximum height of tower: 130 feet.

Maximum height of associated structures: eight feet.

Maximum square footage of associated structures: 150 square feet.

All facilities shall be suitably secured and enclosed in a fence of not less than six feet high.

Site plan approval by the Rahway Planning Board shall be required, and the following information shall be provided:

In the event a communication tower is abandoned or not operated for a period of one year, the same shall be removed along with all ancillary equipment, at the option of the City, at the sole expense of the operator.

Noise levels generated by the operation of the antenna operation at any property line shall be not more than 50 decibels.

Site lighting used to illuminate the tower shall be oriented inward toward the tower to minimize spillage and glare onto adjacent properties.

The tower and antennas shall be designed in accordance with the current edition of the Building Officials and Code Administrators National Building Code.

Any generator located on the site shall be within an equipment structure. All fuel shall be contained in accordance with New Jersey Department of Environmental Protection requirements.

Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.

Towers and antennas shall not cause a disruption to, or interfere with, other radio, communications, or television transmissions or equipment. If such disruption or interference is found to be caused by the operation of the towers and antennas, the subscribers and/or lessees shall modify their equipment operations to abate the deficiencies.

No existing towers or structures are located within the geographic areas which meet the applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.