Riverside City Zoning Code
ARTICLE VII
General Regulations
§ 255-36 Compliance with chapter.
No buildings shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose in any manner except in conformity with this chapter.
§ 255-37 Existing buildings.
When a lot is formed from part of a lot already occupied by a building, any subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building.
§ 255-38 Combining open space.
No open space provided around any principal structure for the purpose of complying with front, side or rear yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
§ 255-39 Principal uses and buildings.
A.
Except where specifically permitted by this chapter, no more than one principal use shall be permitted per dwelling or building.
B.
No more than one principal structure shall be permitted on one lot.
C.
When a residential structure is proposed to be built on a vacant parcel of land, or rebuilt following the destruction of the structure, the design of the proposed new structure shall be similar to the design of other residential structures within the one block radius of the location and otherwise conform as to building height, front yard setback, roof shape, wall siding materials, window and door type, size and number and street orientation.
§ 255-40 Prohibited uses.
A.
No building or structure may be erected, altered or used, and no lot or premises may be used, for any use which is likely to create conditions of hazards, smoke, fumes, noise, odor, dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the district zone and/or surrounding area. All uses in all zone districts shall be subject to all firesafety regulations as required by the State of New Jersey, Burlington County and the Township of Riverside.
B.
In determining whether a proposed use is noxious, hazardous or offensive, the following standards, while not exhaustive, shall apply. The proposed use, facility or operations shall not:
(1)
Constitute a public nuisance by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor, dust or light.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes on which the use is located.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or light glare.
(5)
Result in electrical disturbances in nearby residences or businesses.
(6)
Contribute to the pollution of waters, including runoff into municipal storm drains and neighboring properties.
(7)
Create an objectionable traffic condition on the street and/or inordinately create traffic that impedes general traffic flow and/or causes dangerous pedestrian or vehicular patterns.
(8)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
C.
All uses not expressly permitted in this chapter are prohibited.
D.
The following uses are expressly prohibited:
(1)
Junkyards and junk businesses.
(2)
Sanitary landfills, garbage dumps, refuse dumps, disposal sites for solid and liquid materials and dumps for hazardous wastes.
(3)
Manufacturing or warehouses that involve the use of any of the following:
(a)
Acetylene;
(b)
Asphalt or coal tar;
(c)
Creosote;
(d)
Fat rendering, soap, tallow, grease or lard;
(e)
Gas manufacture or storage in excess of 10,000 cubic feet;
(f)
Tanning, curling or storage of raw hides;
(g)
Tar distillation or manufacture;
(h)
Fertilizer manufacture;
(i)
Explosive manufacture or storage;
(j)
Manufacture or warehouse storage of combustible or volatile materials;
(k)
Uses which constitute an unusual fire or explosive hazard.
(4)
The keeping or maintaining of poultry, pigeons and/or livestock.
§ 255-41 Nonconforming uses, buildings and structures.
A.
The lawful use of land existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
B.
The lawful use of a building or structure existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
C.
Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use or revert to its former nonconforming use.
D.
Whenever a nonconforming use of a building or structure or portion thereof has been abandoned, such nonconforming use shall not thereafter be reestablished, and the future use shall conform to the provisions of this chapter.
E.
Whenever a nonconforming building or structure has been totally destroyed, it shall not be rebuilt, and a building or structure conforming to this chapter shall be built, except in the following circumstance: The owner may rebuild on the existing footprint of the destroyed building if the following conditions are met:
(1)
The new construction is made on the existing building footprint and no upper building level projects beyond the existing building footprint and thus no existing nonconformance is exacerbated;
(2)
The new construction is no higher than the building it is replacing;
(3)
The facade materials of the new construction conform in texture and color to the buildings in the surrounding neighborhood; and
(4)
The Technical Review Committee approves the new construction after an informal review of the plans.
F.
Whenever a nonconforming lot, existing at the time of the adoption of this chapter or an amendment thereto, contains a legal or legal nonconforming principle structure, existing at the time of the adoption of this chapter, an amendment thereto or by approval of the Land Use Board, such lot shall not require a variance or waiver from the Land Use Board to erect an addition to the principle structure or an accessory structure provided that said structure does not exceed 500 square feet.
G.
Expansion of a nonconforming use is prohibited.
§ 255-42 Conditional uses.
A.
Purpose. A conditional use shall not be approved on any site unless such use is specifically permitted as a conditional use in the zone for which it is proposed.
B.
Before a construction permit or certificate of occupancy shall be issued for any conditional use, as permitted by this chapter, application shall be made to the Riverside Joint Land Use Planning Board, which may include a site plan review.
C.
Guiding principles. In making its decision on an application for a conditional use, the Joint Land Use Planning Board shall take no action which will be detrimental to the public welfare or which will substantially impair the intent or purpose of this chapter. The Joint Land Use Planning Board may attach such terms and conditions to an approval of such applicant if, in its judgment, it will preserve the public welfare or such intent or purpose and shall be guided by the following principles:
(1)
The proposed use will not be detrimental to the character of the neighborhood.
(2)
The proposed use does not adversely affect the general plans for the physical development of the Township of Riverside, as set forth in this chapter, the Master Plans or any redevelopment plans.
(3)
The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood.
(4)
The proposed use will not be adversely affected by the existing use(s).
(5)
Suitability of the use and/or proposed structure to its environment and location considering the general use of the structure, neighboring land uses, the surrounding open space and treatment of adjacent properties.
(6)
Adequacy of provisions of off-street parking, loading space(s) and adequacy of neighboring street capacity relating to increased parking, traffic and congestion due to the proposed use.
(7)
That the use will not be contrary to the general character of the neighborhood or public interest, and will not materially increase fire hazards or other danger, nor be injurious to the health, morals or general welfare of the neighboring properties.
D.
The following uses shall be conditionally permitted when all specific requirements for each respective conditional use have been met:
(1)
Places of worship.
(a)
For purposes of this chapter, the term "places of worship" shall include any recognized religious institution serving a congregation or membership.
(b)
Permitted accessory uses include:
[1]
Staff residences, limited to one residential structure that conforms to the area and bulk requirements of the zone district;
[2]
Off-street parking, consistent with the parking regulations for the zone district;
[3]
Religious classes.
(c)
The proposed use shall comply with the bulk requirements for the zone in which it is located, modified by those set forth below.
(d)
Sufficient off-street parking shall be provided at the rate of one space for each four seats, plus spaces for permitted accessory uses. These requirements may be reduced upon submission by the applicant of acceptable proofs as to specific need requirements.
(e)
Bulk and area requirements.
[1]
Minimum lot size: 40,000 square feet.
[2]
Minimum lot width shall be 100 feet.
[3]
Minimum front yard setback shall be 35 feet.
[4]
Minimum side yard setback shall be 20 feet.
[5]
Minimum rear yard setback shall be 25 feet.
[6]
Maximum building and structure height shall be 2 1/2 stories and 35 feet, excluding spires and/or bell towers, except the building height, at the discretion of the Joint Land Use Planning Board, may be increased. Allowable height shall be determined based on an analysis of view and watersheds and shadows to be provided by the applicant. Such height shall not exceed 15% of the total floor area of the structure.
[7]
Maximum lot coverage shall be 80%.
(2)
Fraternal organizations. For the purpose of this chapter, the term "fraternal organization" shall include a social club, meeting hall or community center, not organized or conducted for profit, and which is not adjunct to or operated by or in conjunction with a public tavern, cafe or other similar business.
(a)
The proposed use shall comply with the bulk requirements for the zone in which it is proposed to be located.
(b)
Off-street parking shall be provided at the rate of one space for each 250 square feet of gross floor area. This requirement may be reduced upon submission by the applicant of acceptable proof as to specific need requirements.
(c)
The proposed fraternal organization shall be permitted to operate within the hours of 6:00 a.m. to 1:00 a.m. Friday and Saturday between the hours of 6:00 a.m. and 2:00 a.m. and Sunday 1:00 p.m. to 12:00 midnight.
(3)
Construction offices and storage yards.
(a)
Construction offices and storage yards shall not be permitted in any residential zone of Riverside.
(b)
All construction offices and storage yards and areas shall be fully enclosed by a semiprivate six-foot-high fence and gate.
(c)
All construction offices and storage yards shall maintain the following buffers:
[1]
Along side and rear yards, a fifteen-foot buffer area which may contain plant material no higher than six feet,
[2]
Along the street line, a five-foot buffer area which may contain plant material with a height no greater than three feet.
(4)
All landscape buffer areas shall be designed and installed pursuant to § 255-152.
(a)
Maximum lot coverage shall be 80%.
(b)
The following bulk and area requirements apply:
[1]
Lot area: 40,000 square feet.
[2]
Lot width: 200 square feet.
[3]
Lot depth: 200 square feet.
[4]
Front yard: 15 square feet.
[5]
Side yard: 15 square feet.
[6]
Rear yard: 15 square feet.
[7]
Lot coverage: 80%.
(c)
Outdoor storage yards and areas shall be paved with concrete or bituminous concrete which shall drain to an oil separator/grease trap, sediment trap, sediment trap and stormwater management system designed pursuant to New Jersey Department of Environmental Protection stormwater management rules.
(d)
Minimum off-street parking. One parking space for each employee at peak shift and for all business-related vehicles. Under no circumstance may busines- related vehicles be parked on-street.
(e)
Minimum on-site loading. Applicant shall provide for on-site loading for all business related deliveries and materials.
(5)
Trailers, campers and boats. No trailer, auto trailer, trailer coach, travel trailer, camper or boat shall be used for dwelling purposes, sleeping quarters or the permanent conduct of any business, profession, occupation. Such equipment may be used for a temporary construction office located on a construction site, provided that the approving authority has specifically authorized the temporary construction office and approved its location as part of its approval of a subdivision or site plan. Prior to use for a temporary construction office, a temporary permit shall be issued by the Construction Official. This section shall not be construed to prohibit the parking or storage of such equipment on private premises only. Such equipment shall not be parked on a public street in a residential zoning district for a period exceeding 24 hours without first obtaining a permit.
(6)
Home occupations.
(a)
Any home occupation shall be subordinate and incidental to the principal residential use.
(b)
Home occupations shall be conducted solely by resident occupants of the property, except that no more than one person not a resident of the building may be employed on the premises at any one time.
(c)
Home occupations conducting service businesses shall be permitted to conduct retail sales of service-related merchandise.
(d)
Home occupations shall be limited to not more than one per unit and 30% of the total livable floor area of the dwelling unit in which the home occupation is to be situated. In the case of the home occupation being conducted in an accessory structure, the maximum area occupied by the home occupation in such an accessory structure shall be limited to 500 square feet of the floor area of the accessory structure.
(e)
The home occupation shall be conducted entirely within either the dwelling or accessory building.
(f)
Conditionally permitted home occupation uses:
[1]
Administrative and business support services:
[a]
Employment services;
[b]
Facilities support services;
[c]
Investigation and security services;
[d]
Office administrative and business support services, such as typing, filing, copying and other clerical work, secretarial services, reception and correspondence, bookkeeping, and personnel services;
[e]
Property maintenance, janitorial landscaping and similar services; and
[f]
Event planning, travel arrangement and reservation services.
[2]
Home occupations which do not require parking, storage of sales materials or patrons coming and going from the premises may receive a conditional permit from the Zoning Officer.
[3]
Professional, scientific and technical services.
[4]
Household care services.
[5]
Culture-related services.
[6]
Information services.
[7]
Personal care services.
[8]
Scientific research and development services.
(g)
Vehicles. Any vehicles used in conjunction with the home occupation may include no more than one vehicle per family member or employee engaged in the business. All business-related vehicles and personal domestic vehicles shall be parked or garaged on site on the side or rear of the residence.
(h)
Nuisance/noise. Home occupations shall not generate light, smoke, glare, noise, and vibrations that are obnoxious and become a nuisance to residential neighbors. All machinery and/or equipment used in the home occupation must be stored out-of-sight. No machinery or equipment shall be used that will cause interference with radio, television and satellite reception and other forms of electronic communications in neighboring residences. Additionally, all home occupations must comply with Township of Riverside Ordinance No. 199, Peace and Good Order.[1]
[1]
Editor's Note: This ordinance was repealed by Ord. No. 2008-13; see now Ch. 305, Peace and Good Order.
(i)
Hours during which the nonresident employee works on the premises and patrons visit the premises shall be limited in residential districts to 7:00 a.m. through 10:00 p.m. Monday through Friday and 7:00 a.m. to 11:00 p.m. on weekends.
(j)
Shipments and delivery of products. Shipments and delivery of products, merchandise or supplies shall be limited to the hours of 8:00 a.m. and 6:00 p.m. and shall regularly occur no more than one time per day, exclusive of USPS (standard mail) deliveries, and occur only in a single-rear axle, medium-duty delivery truck or smaller vehicles used to serve residential areas.
(k)
Sales of goods and services.
[1]
There shall be no wholesale or retail sale of goods or services except for those produced or delivered on the premises as part of an approved home occupation; and
[2]
Product sales associated with private social or charitable events, e.g., Tupperware parties and Girl Scout cookie sales, however, shall be exempted from this section provided they occur no more than four times per year at any given residence.
(l)
Minimum on-site parking.
[1]
The home occupation shall not reduce the parking requirements for the principal residential use, as required by the New Jersey Residential Site Improvement Standards (RSIS).
[2]
One parking space for the nonresidential employee.
[3]
The home occupation shall not create the need to park more than two vehicles at any time for business clients or customers, in addition to those otherwise required. No overnight customer parking shall be permitted.
(m)
The home occupation shall meet all applicable construction, health and safety codes and shall not involve any illegal activity. Sexually oriented home occupations are expressly prohibited. All structures involved in a home occupation shall be maintained in good repair.
(n)
The home occupation shall not reduce the area, yard and bulk requirements for the principal residential use.
(o)
The residential character of the neighborhood and dwelling unit shall not be changed.
(p)
Not all home occupation types will be considered equal in terms of impacts on neighboring properties, nor will all types of home occupations be permitted in each residential zone or mixed-use zone. There are certain home occupation practices which may destroy the character of the neighborhood. As such, the Joint Land Use Planning Board may exercise its discretionary authority to permit or deny an application for home occupation use after hearing testimony on and reviewing any evidence presented by the applicant on the following practices related to the home occupation and considering the character of the zone in which the home occupation is proposed:
[1]
Client visits to the residence;
[2]
Additional employees outside the residence;
[3]
Business signage of any type;
[4]
More than one extra vehicle for the business;
[5]
Outdoor storage at any time; or
[6]
Any personal care service.
(q)
Signage, if any, shall comply with § 255-157.
(7)
Construction contractors services.
(a)
Building equipment (electric, wiring, plumbing, HVAC, etc.);
(b)
Building interior finishing (drywall, insulation, painting, wall covering, flooring, tiling, carpentry, etc.);
(c)
Site maintenance and landscaping;
(d)
Site preparation; and
(e)
Structural and building exteriors (framing, masonry, glass and glazing, roofing, siding, etc.).
(8)
Culture-related services. If being operated as a home occupation, must comply with § 255-42D(6):
(a)
Art, craft and photography studios; and
(b)
Instructional academies (fine, martial and performing arts, language, sports, recreation, driving, etc.).
(9)
Household care services. If being operated as a home occupation, must comply with § 255-42D(6):
(a)
Home and garden equipment and appliance repair and maintenance;
(b)
Catering, i.e., preparing food and meals for off-site consumption.
(c)
Pet care (except veterinary) services; and
(d)
Upholstery, drapery and furniture design, production and repair.
(10)
Information services. If being operated as a home occupation, must comply with § 255-42D(6):
(a)
Data processing, hosting, and related services;
(b)
Internet publishing and broadcasting, web search portals and other internet-related services;
(c)
Motion picture, television, video and electronic game production and distribution, but not commercial-scale printing and media reproduction;
(d)
Music publishing, sound recording and production and distribution, but not commercial-scale printing and media reproduction;
(e)
News syndicates, newspaper, periodical, book, and directory publishing and distribution, but not commercial-scale printing and media reproduction;
(f)
Radio, television, internet and satellite broadcasting and cable programming, but not including towers or antennas exceeding the zoning district's maximum permitted height; and
(g)
Software publishing.
(11)
Personal care services. If being operated as a home occupation, must comply with § 255-42D(6):
(a)
Footwear and leather goods repair and bookbinding;
(b)
Hair, nail and skin services, except tattoo parlors and body piercing businesses;
(c)
Personal fitness and training, nutrition and weight care services;
(d)
Registered family child-care services; and
(e)
Sewing trade services, including making custom clothing, fashion and costume wear; altering clothing; and other sewing, embroidery, quilting, tapestry, applique, patchwork, spinning and weaving services.
(12)
Professional, scientific and technical services. If being operated as a home occupation, must comply with § 255-42D(6):
(a)
Accounting, tax preparation, bookkeeping, and payroll services;
(b)
Advertising, public relations, and related services;
(c)
Architectural, engineering, and related services;
(d)
Attorneys and legal services;
(e)
Notary public;
(f)
Computer systems design and related services;
(g)
Financial advice and other financial services;
(h)
Insurance sales and services;
(i)
Management, scientific, and technical consulting services;
(j)
Marketing research and public opinion polling services;
(k)
Physicians, dentists, physical therapists, psychiatrists, psychologists, speech therapists, chiropractors and licensed massage therapists and other licensed health practices;
(l)
Scientific research and development services, exclusive of laboratory research;
(m)
Specialized manual and computer design services;
(n)
Translation and interpretation services.
(13)
Koi ponds
(a)
Koi ponds are ponds used for holding koi, a japanese fish, or other forms of pond fish, usually as part of a landscape.
(b)
Koi ponds may be approved for installation provided they meet the following guidelines:
[1]
Size: no larger than 23 feet and 25 feet long by 12 feet to 13 feet wide and three feet to four feet deep (7,300 gallons);
[2]
No more than 20 fish;
[3]
If deeper than two inches of water, the pond must be covered by pond netting to prevent a hazard or the property where the pond is located must be surrounded by a four-foot fence;
[4]
Any lighting must be subdued.
(14)
Telecommunications facilities, pursuant to §§ 255-55 to 255-84 of this Code.
§ 255-43 Permitted uses in all districts.
The following uses may be permitted in every zone district within the Township of Riverside as follows:
A.
Community residences for the disabled.
B.
Community residences for the terminally ill.
C.
Adult family care homes for elderly and physically disabled adults. The requirements for these uses shall be the same as those for single-family dwelling units located within such districts.
D.
Public schools.
E.
Public parks.
§ 255-44 Accessory structures.
A.
An accessory structure is defined as a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. An accessory structure does not include structures meant for interior uses.
B.
Prior to the construction or placement of an accessory structure, zoning approval shall be obtained from the Zoning Officer or the Planning Board, as the case may be.
C.
There shall be no more than two accessory structures on a lot in any residential zone district with a combined size that is no larger than 1,000 square feet.
D.
The following accessory structures are permitted in all zoning districts provided they meet all other requirements of this section and the district within which they are to be placed:
(1)
Garage. Only one detached garage permitted on any lot with a maximum size of 750 square feet.
(2)
Utility shed, no larger than 250 square feet.
(3)
Gazebo.
(4)
Swing sets.
(5)
Portable canopies for personal enjoyment but not storage.
§ 255-45 Area and bulk requirements for accessory structures.
A.
Setback. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building in the zone district.
B.
Height and area. The number of accessory buildings shall not exceed two per lot in residential zoning districts for a total maximum gross floor area of 1,000 square feet. The following setbacks and height requirements shall be permitted:
(1)
Freestanding garage. A garage shall not exceed the maximum gross floor area of 750 square feet and be no higher 16 feet.
(2)
Sheds. A shed shall be no closer than six inches to the property lines and no taller than 16 feet.
(3)
Pools. A swimming pool, whether in-ground or aboveground, shall be no closer than 10 feet to the nearest property line.
(4)
All other permitted accessory structures. All other permitted accessory structures shall be no closer than 10 feet to the property line and no higher than the principal structure.
C.
Satellite dish receiving antennas.
(1)
Satellite dish receiving antennas shall be permitted on the ground, located in side or rear yards only, except that rooftop antennas shall be permitted if they are less than three feet in diameter, do not extend above the roofline and are not visible from the street. Such ground antennas shall be set back a minimum of 10 feet from any property line.
(2)
The ground-level satellite dish receiving antennas, its foundation pad and supportive structure shall not exceed a maximum height of six feet above the ground level and shall not exceed a maximum of 12 feet of surface area.
(3)
Screening. The satellite dish receiving antennas shall be screened on all sides from public view by use of opaque fencing to a height not to exceed six feet or shrubbery, or both.
§ 255-46 Use permit required for human service facilities.
A.
Intent. It is recognized that the placement of human service facilities in certain zoning areas may defeat the goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Thus regulation is necessary to balance the interests of the users of such facilities and the community in general.
B.
Regulated uses. No public or private entity shall establish a food pantry, soup kitchen, substance abuse community or residential treatment facility, walk-in or drop-in center, counseling center, detention center, temporary or short-term shelter, transient housing, residential treatment facility established for any purpose or similar facilities, in the Township of Riverside, without first obtaining permission from the Joint Land Use Planning Board. The requirements of this article shall apply to regulated uses existing prior to the effective date of this section which are enlarged or extended after the effective date of this chapter.
C.
Application to Joint Land Use Planning Board. Applicants seeking to establish uses regulated under this section shall submit to the Joint Land Use Planning Board a detailed description of the proposed use, including but not limited to an estimation of the number of individuals to be served at the facility over a stated time period, the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be based. The applicant shall also submit the information required under this subsection to: 1) the Chief of Police of the Township of Riverside; 2) the Chief of the Township of Riverside Fire Department; 3) the Township Committee; and 4) the Burlington County Health Department for their review and advisory recommendation, if any, to the Joint Land Use Planning Board. The Joint Land Use Planning Board, Township Committee, Chief of the Fire Department, Chief of Police or Department of Human Services may also require other information as may reasonably be necessary to ascertain the impact of the proposed facility on public safety, health and welfare.
D.
Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Joint Land Use Planning Board shall consider the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. The Joint Land Use Planning Board shall consider any recommendation from the Township Committee, Fire Chief, the Chief of Police and/or the Department of Health, but it is not bound by these recommendations.
E.
Conditions on approval. In the event of an approval, the Joint Land Use Planning Board may attach such conditions as are necessary or desirable in its judgment to ensure the compatibility of the proposed use with surrounding property and overall development of the community. Such conditions shall be expressly set forth in the Joint Land Use Planning Board approval. Nothing contained herein shall preclude the Joint Land Use Planning Board from making reasonable accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility.
F.
Denial of application. The Joint Land Use Planning Board shall deny an application if it is determined that the nature and character of the area in which the facility is to be based would be substantially altered as a result of the establishment of the facility. In the event of a denial, the Joint Land Use Planning Board shall issue a written decision specifying the basis for the denial.
G.
Abandonment of use. All approvals issued under this section shall expire and terminate upon the cessation or abandonment of the permitted use for a one-year period.
H.
Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use.
I.
Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 255-47 Health care facility.
A.
The term "health care facility" shall include hospitals, clinics, health maintenance organizations (HMOs) and other public or private institutions, offices or facilities principally engaged in providing services for health maintenance, counseling, diagnosis or treatment of human disease, pain, injury, deformity or physical condition. Excluded from this definition are nursing homes, animal research facilities, drug or alcoholic rehabilitation centers, and the joint offices of physicians numbering five physicians or fewer.
B.
Permitted accessory uses include:
(1)
Labs incidental to permitted use.
(2)
Outpatient departments.
(3)
Training facilities.
(4)
Management offices.
(5)
Medical staff residences.
(6)
Off-street parking.
(7)
Staff recreational facilities.
C.
Bulk standards for new construction shall correspond to the zoning district in which the proposed use is located.
D.
A landscaped buffer of at least 10 feet in width shall be provided within all minimum property line setback areas.
E.
Off-street parking shall be provided in accordance with the zone district requirement.
F.
Loading space requirements shall be determined at time of site plan review.
G.
All other applicable requirements of this chapter shall be met.
§ 255-48 Nursing home.
A.
The term "nursing home" shall include public or private institutions or facilities principally engaged in providing full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
B.
Bulk standards shall conform to zone requirements.
C.
All construction shall maintain a residential appearance.
D.
Off-street parking shall be provided as determined by the Planning Board during site plan review, based on applicant testimony as to specific need requirements.
§ 255-49 Alternate energy systems.
A.
Purpose.
(1)
Alternate energy sources are an abundant, renewable, and nonpolluting energy resource. Converting solar rays and wind to electricity will reduce our dependence on nonrenewable energy resources, and decrease air and water pollution that results from the use of conventional energy sources. Solar energy systems also enhance the reliability and quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Alternate energy source systems make the electricity supply market more competitive by promoting customer choice.
(2)
New Jersey's Renewable Portfolio Standards (RPS) require each supplier/provider, as defined at N.J.A.C. 14:8-1.2, that sells electricity to retail customers in New Jersey to provide a percentage of their retail electricity sales from renewable energy sources, 7.4% as of June 1, 2010, and increasing to 22.5% by June 1, 2021, and a purpose of the Municipal Land Law (N.J.S.A. 40:55D-2.n) is "to promote utilization of renewable energy sources."
(3)
On November 20, 2009, Governor Chris Christie signed P.L. 2009, c. 146, clarifying that a wind, solar or photovoltaic energy facility or structure should be considered an inherently beneficial use under the Municipal Land Use Law's analysis of positive criteria for the grant of a "d variance" under N.J.S.A. 40:55D-70, regardless of whether the facility or structure is a principal use, a part of the principal use, or an accessory use or structure. In addition, on April 4, 2010, Governor Christie signed P.L. 2010, c. 4, exempting solar panels from being counted in calculations utilized to determine impervious coverage in land use applications under the Municipal Land Use Law.
(4)
The purpose of this section is to establish requirements for the installation and safe operation of alternate energy systems within the Township of Riverside.
B.
Accessory structure. Small wind and solar energy systems shall be permitted accessory structures and uses in the Township of Riverside.
C.
Definitions.
MAJOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A system of fuel cells, solar or photovoltaic panels and equipment for the production of energy that is not a minor photovoltaic energy facility of structure.
MINOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A fuel cell, solar or photovoltaic panel or system of panels for the collection of energy and conversion to electrical energy, which is located on the power beneficiary's premises; is designed and intended primarily to offset up to 110% of the beneficiary's requirements for energy consumption on site as documented through the submission of power company electricity usage bills or another form of documentation acceptable to the Township of Riverside Zoning Officer; and is secondary to the beneficiary's use of the premises for other lawful purposes.
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined herein, that is used to generate electricity; and has a nameplate capacity of 100 kilowatts or less.
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of solar energy system.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND TURBINE
Equipment that convert energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
D.
Permit requirements.
(1)
Before any solar panel or wind turbine alternative energy system may be installed, plans for such installation shall be submitted to the Township of Riverside Zoning Officer and Township of Riverside Fire Department officials. No alternate energy source shall be installed without a permit issued by the Township.
(2)
The design of the solar panel system shall conform to all applicable industry standards including the New Jersey Uniform Construction Code, the National Electric Code and the Township of Riverside Building Code and zoning regulations. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certified organization and any such design shall be certified by an engineer registered in the State of New Jersey. The manufacturer specifications shall be submitted as part of the application.
E.
General requirements.
(1)
The primary purpose of a wind or solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this chapter, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principle use on the property.
(2)
Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principle use.
(3)
All applications for wind energy systems shall be presented to the Development Review Committee for administrative approval.
(4)
Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.
(5)
The installation of a wind or solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(6)
The installation of a wind or solar energy system is subject to all Public Service and Electric Company (PSE&G) requirements for interconnection.
(7)
The general provisions of the Township's land use code shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this subsection.
F.
Installation requirements.
(1)
Roof-mounted minor solar or photovoltaic energy facilities.
(a)
Solar panels shall be permitted as a rooftop installation in any zoning district. A roof-mounted alternate energy system may be mounted on a principal building or accessory structure, provided all requirements as outlined below are satisfied. No roof-mounted minor solar or photovoltaic energy facilities or structures shall be installed on a nonconforming structure.
(b)
Roof-mounted solar panels shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the rooftop.
(c)
A roof-mounted solar panel that is mounted on a flat roof may be angled to achieve maximum sun exposure but shall not exceed five feet above the roof. No such mounted solar panel shall exceed the maximum permitted height of the structure.
(d)
All roof-mounted panels shall be installed at least three feet from the roof edges. In no instance shall any part of a roof-mounted minor solar or photovoltaic energy facility or structure extend beyond the roof edge.
(e)
All solar energy systems shall comply with the following conditions:
[Amended 6-19-2017 by Ord. No. 2017-06]
[1]
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residential homes or roadways.
[2]
All exterior electrical lines must be painted a color scheme that matches as closely as reasonable possible the color of the structure and adjacent materials.
[3]
An external disconnect switch, which is clearly identified and unobstructed, shall be provided.
[4]
Signage identifying the use of solar panels shall be posted at an easily visible location. The signage shall clearly state the name, address and telephone number of the vendor authorized to deactivate the solar panel system in the case of an emergency.
[5]
In addition to the required signage, property owners shall provide the Township of Riverside Police Department and Fire Department with a map illustrating the location of the disconnect switch, the location of any storage batteries as well as any information regarding the vendor authorized to deactivate the solar panel.
[6]
Marking is required on all interior and exterior direct conduit, raceway, enclosures, cable assemblies and junction boxes to alert the fire service to avoid cutting them.
(2)
Ground-mounted minor solar or photovoltaic energy facility.
(a)
A ground-mounted minor solar or photovoltaic energy facility or structure shall be located on lots of one acre gross or more and shall not exceed 20% of lot coverage.
(b)
A ground-mounted minor solar or photovoltaic energy facility or structure shall comply with all principle building setbacks in the applicable zone.
(c)
A ground-mounted minor solar or photovoltaic energy facility or structure shall not exceed 12 feet in height.
(d)
All power transmission lines from a ground-mounted minor solar or photovoltaic energy facility or structure to any building, structure or utility connection shall be located underground.
(e)
Inverter noise shall not exceed 40 dBA at the property line.
(f)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(g)
An external disconnect switch shall be provided, and the owner must file a map with the Township of Riverside Fire and Police Departments clearly showing where the disconnect switch is located.
(3)
An identifying emblem shall be placed at the front of any structure where solar panels have been installed. The design and placement of the identifying emblem shall conform to the guidelines established by the New Jersey Department of Community Affairs.
(4)
Within 10 days after approving the installation or alteration of a solar photovoltaic system, the Riverside Township Zoning Officer shall file a copy of the application and approval with the Riverside Township Fire Department.
(5)
The applicant shall additionally file a notification with the Riverside Township Fire Marshal, with a copy to the Riverside Township Zoning Officer, which includes the following information if not already supplied as part of the application or permitting process:
(a)
The name of the property owner(s);
(b)
The address of the property;
(c)
The name of the owner or owners and the address of any other adjacent structure served by the solar system;
(d)
Information concerning whether the solar photovoltaic system is equipped with an external emergency disconnection device and the location of such external emergency disconnection device; and
(e)
The year that the solar photovoltaic system was installed.
(6)
Major solar or photovoltaic energy facilities and structures are not permitted.
(7)
Wind turbines. Wind turbines are permitted as a conditional use in all districts subject to the following requirements:
(a)
Minimum lot size: one acre provided the lot size and conforms to the height requirements below.
(b)
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades.
(c)
Wind turbines shall not be permitted in any front yard.
(d)
Maximum height.
[1]
Freestanding wind turbines shall not exceed a height of 80 feet on lots between one acre and three acres. On lots of three acres or more a maximum height of 150 feet is permitted.
[2]
Rooftop wind turbines may not exceed a height of six feet on lots between one acre and three acres. Rooftop wind turbines may not exceed a height of 12 feet on lots of three acres or more.
[3]
The maximum height of any wind turbine shall include the height of the blades at its highest point.
[4]
No more than one wind turbine shall be permitted per residential property.
[5]
Wind turbines on residential properties shall have a nameplate capacity of 10 kilowatts or less.
(e)
Wind turbines shall be permitted in a nonresidential zoning district subject to the bulk requirements for that district and the following:
[1]
The maximum height for a wind turbine shall not exceed 150 feet, including the height of the blades at its highest point measured from ground level even if mounted on a building or structure.
[2]
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades.
[3]
Wind turbines shall not be permitted in a front yard.
[4]
No more than one wind turbine shall be permitted per property.
[5]
Wind turbines shall not be permitted as a rooftop installation. Rooftop installation of wind turbines may only be permitted subject to technical review of the manufacturer's specifications.
[6]
Noise. All wind energy systems shall comply with the following:
[a]
Between a residential use or zone sound levels of the wind energy system shall not exceed 55 dBA to 35 dBA at a common property line or 50 dBA to 30 dBA to the closest occupied structure.
[b]
In all other cases at a common property line sound levels of the wind energy system shall not exceed 65 dBA to 45 dBA.
[c]
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(f)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(g)
Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(h)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(i)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(j)
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
(k)
The blades on the wind energy system shall be constructed of a corrosive resistant material.
(l)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
G.
Abandonment.
(1)
If the applicant ceases operation of the solar or wind energy system for a period of 12 months, or begins but does not complete construction of the project within 18 months after receiving final site plan approval, the system will be declared abandoned.
(2)
The applicant is required to submit at the time application is made for a solar or wind energy system, a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, should the system be determined abandoned. Such decommissioning plan shall include a plan detailing:
(a)
Removal of aboveground and below-ground equipment, structures and foundations.
(b)
Restoration of the surface grade and soil after removal of equipment.
(c)
Revegetation of restored soil areas with native seed mixes, excluding any invasive species.
(d)
The plan shall include a time frame for the completion of site restoration work.
(3)
Upon cessation of activity of a fully constructed solar or wind energy system for a period of one year, the Township Zoning Officer (or such other official as is designated by the governing body) may notify the owner and/or operator of the energy source to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan.
(4)
If the owner and/or operator fails to fully implement the decommissioning plan within the 180-day time period and restore the site as required, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Township shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.
§ 255-50 Sexually oriented business.
Intent and purpose. In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics. It has been determined that strict control and regulation of these uses is required to ensure their operation is maintained in compliance with the law for the preservation of the public peace, health, safety, morals and general welfare of the people of the Township of Riverside and to prevent their contributing to the blighting and downgrading of the surrounding neighborhoods For the purposes of this chapter, the term "sexually oriented business" shall be defined as set forth in Article II, § 255-15.
A.
This use shall not be located within 1,000 feet of the boundaries of the site of an existing adult establishment.
B.
This use shall not be located within 1,000 feet of a residential district, church, school, school bus stop, municipal or county playground, place of public resort and recreation, hospital, child-care center or public building.
C.
Every adult establishment shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises on which the business is located.
D.
No adult establishment shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises is off limits to minors. The identification sign shall be no more than 40 square feet in size.
§ 255-51 Body piercing and tattoo parlors.
A.
Any proposed body piercing or tattoo parlor shall comply with all zoning regulations of the district where permitted.
B.
Any applicant for approval of a body piercing or tattoo parlor shall comply with the current version of the New Jersey State Sanitary Code, Chapter 8, Body Art Procedures, N.J.A.C. 8:27-1 et seq. and all future amendments thereto. Any person who fails to comply with the provisions of N.J.A.C. 8:27-1 et seq. while performing such work is in violation of this section.
§ 255-52 Performance and improvement standards.
A.
Electrical or electronic devices. All electrical or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW Publications No. (FDA) 75-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act.
B.
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
C.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any private swimming pool, aquatic pond or sewerage treatment plant which has received approval by the New Jersey Department of Environmental Protection.
D.
Noise. No use shall produce noise levels greater than those permitted by local regulations or those rules established by the New Jersey Department of Environmental Protection, as they may be adopted and amended, whichever is more restrictive.
E.
Odor. Odors shall not be discernible at the lot line or beyond.
F.
Storage and waste disposal. No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces, where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation, or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust, which constitute a fire or toxic hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards.
G.
Ventilation. No use shall obstruct the natural ventilation of adjacent uses, nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines five feet or equipped with baffles to deflect the discharged air away from the adjacent use.
H.
Explosive and inflammable matter. No use shall create an imminent hazard in regard to explosivity and inflammability. All uses must be in conformance with the Fire Code.
I.
Emissions. All fuel-generated industries shall comply with the New Jersey Department of Environmental Protection standards for emissions, and specifically with the standards of the Clean Air Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 7401 et seq.
J.
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.
K.
Screening. There shall be adequate screening of any unsightly condition created in conjunction with a permitted use.
L.
Drainage. No stormwater or natural drainage which originated on the property, or water generated by an activity, such as air conditioners or swimming pools, shall be diverted across property lines, unless transported in an approved or existing drainage system.
M.
Painting and exterior surfaces.
(1)
Purpose and intent. The purpose of these exterior color standards is to maintain and enhance an attractive physical environment within the Township of Riverside. The intent of these standards is to:
(a)
Create and maintain a strong community image, identity and a sense of place, through the use of acceptable colors and color combinations on buildings and/or structures that will have a substantial impact upon the character of the Township of Riverside;
(b)
Minimize incompatible visual colors which prevent orderly community development that may threaten to reduce community property values;
(c)
Enhance and sustain property values; and
(d)
Foster civic pride and community spirit by maximizing the positive impact of development.
(2)
Exterior surfaces and paint. All exterior surface materials, including paint, shall be consistent with surrounding structures. Color schemes shall also be consistent with surrounding structures and shall not be garish or otherwise offensive in nature which might adversely affect neighboring properties. This applies to all new construction, as well as structures being rehabilitated or undergoing routine maintenance.
§ 255-53 Homeowners' associations.
Homeowners' associations shall be established in all planned real estate developments where three or more dwelling units are established for the purpose of owning and maintaining, repairing and reconstructing all common buildings, improvements and real property that are part of the planned real estate development. Such associations shall be established pursuant to New Jersey law.
§ 255-54 Swimming pools.
A.
General requirements.
(1)
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential use. Pools shall be located in rear yard areas only and shall meet the setback distances for accessory buildings as specified in § 255-45 for each particular zoning district, except that in no case may a swimming pool be located closer than 10 feet to any lot line. In the case of corner lots, a pool shall be set back no closer than 10 feet to any street.
(2)
A swimming pool shall occupy no more than 75% of the rear yard area in which it must be located.
(3)
A swimming pool shall not be nearer than 10 feet to a side property line or eight feet to a rear property line. Distances for above setbacks shall be measured from the decking to the property line. Pools may not be located in a required buffer and/or easement. No swimming pool may be located in a front yard in any zone.
(4)
Private residential and public swimming pool areas with a depth greater than 18 inches must comply with fence requirements contained in "Swimming Pools, Spas and Hot Tubs (International Residential Code 2000, NJ)" attached as Appendix E of this chapter. Fences may be located along the property line.
(5)
Pool lighting shall be designed and located to prevent glare onto contiguous properties.
B.
Design requirements. Private residential or public swimming pools shall not contain drain outlets which connect in any manner to any sanitary sewerage disposal system. All private residential and public swimming pools shall have drain outlets which connect to the storm sewers (if storm sewers are adjacent to the property) or shall have drain outlets which empty into the public street. In no event, however, shall any pool whose drain empties into the public streets be emptied or drained when the temperature is less than 40° F.
C.
Health requirements.
(1)
There shall be no physical connection between a public or private potable water supply system and any swimming pool at a point below the maximum water level of the swimming pool or to a recirculation or heating system of any such swimming pool unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into any potable water supply system.
(2)
Water purity. The physical, chemical and bacterial qualities of the water in swimming pools shall comply with the latest requirements made by the American Public Health Association and by the New Jersey Department of Health.
