Scotch Plains City Zoning Code
§ 23-2.3
Regulations Applicable to All Zones.
[Amended 2-25-2020 by Ord. No. 2020-2; 8-18-2020 by Ord. No. 2020-15; 5-18-2021 by Ord. No. 2021-9; 10-18-2022 by Ord. No. 2022-27; 10-3-2023 by Ord. No. 2023-18; 2-13-2024 by Ord. No. 2024-5]
a.
No lot shall have erected upon it more than one principal residential building and no yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building except in the case of multifamily townhouse and garden apartment developments.
b.
Every principal building, except townhouse, condominiums and garden apartment structures, shall be built upon a lot with frontage upon a public street improved to meet the Township's requirements, or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Land Subdivision Ordinance of the Township of Scotch Plains,[1] unless relief has been granted by the Board of Adjustment, pursuant to N.J.S.A. 40:55D-36. In the case of townhouse and garden apartment complexes, every building shall be built such that all access is to an improved public street or improved private roadway connecting with an improved public street.
c.
Where a building lot has frontage on a street which the Master Plan or the Official Map of the Township[2] indicates is proposed for right-of-way widening, the required front yard shall be measured from such proposed right-of-way line.
[2]
Editor's Note: Said map is included as an attachment to this chapter.
d.
No front yard shall be used for open storage of boats, trailers, vehicles or equipment except for passenger automobile parking on driveways. All open storage areas in other yard shall be suitably screened from view from a public street.
e.
Business establishments or uses shall not display goods for sale purposes nor shall coin-operated vending machines of any type be installed in any location which would infringe upon the required yard areas specified in this chapter.
f.
All yards, open space, off-street parking, and required landscaping shall be contained within the zone in which the use is permitted.
g.
No commercial or construction vehicle(s) in excess of 10,000 pounds gross vehicle weight shall be parked overnight or on Sunday in any residential zone. In the R-1 and R-2 Zones, one commercial or construction vehicle of 10,000 pounds gross vehicle weight or less may be parked overnight or on Sunday, provided that it is parked in a fully enclosed garage such that it is not visible from the street or neighboring properties. No vehicle for commercial or other advertising purposes shall be parked in any zone in the Township at any time.
h.
A secondary building or structure attached to a primary building shall comply in all respects with the yard, height and other requirements of this chapter applicable to the primary building. Detached secondary buildings shall not be placed in any front yard as defined in Subsection 23-1.8. No secondary building shall be placed in any other location that violates the front yard of any adjacent property, either developed or undeveloped as it relates/applies to Subsections 23-3.4A and 23-3.4B, and with the provisions of Subsection 23-3.4D.[3] This subsection shall apply to all lots and all configurations, but not limited to culs-de-sac, corner lots, through streets, and any other configuration that may apply.
i.
For the purpose of regulating the locations of buildings on lots extending through between two parallel streets, all portions of a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which the lot is located.
j.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use.
k.
The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations and electric substations which require a structure above grade in excess of 100 square feet or 10 feet in height shall be subject to the provisions of this chapter with respect to conditional uses as indicated in each of the respective zones.
l.
Off-street parking facilities shall adhere to the following:
1.
Off-street parking space shall be further specified in this chapter and shall be furnished with necessary aisles, driveways, and passageways. All such space shall be deemed to be required space on the lot on which it is situated, and shall not be encroached upon or reduced in any manner. All parking areas consisting of aisles, parking spaces and passageways shall be constructed, clearly marked for car spaces and adequately drained as approved by the Township Engineer. All driveways (except when provided in connection with one-family and two-family residences) shall be surfaced with an all-weather pavement, equal to at least a two-inch bituminous wearing course over a minimum four-inch bituminous stabilized base course and a four-inch-thick layer of Type 5 Class A subbase material (3/4 inch quarry-processed stone) clearly marked for traffic operation. Parking areas and driveways for single- or two-family residential properties shall be constructed of six inches of 3/4 inch quarry-processed stone subbase and two inches of bituminous concrete surface course (FABC) as a minimum. Parking areas and driveways for other uses, except industrial, shall be constructed of four inches of 3/4 inch quarry-processed stone subbase, four inches of bituminous stabilized base course (BSBC) and 1 1/2 inches of bituminous concrete surface course (FABC) as a minimum. Parking areas and driveways for industrial uses shall be as approved by the municipal engineer.
2.
None of the off-street parking facilities as required in this chapter shall be required for any existing building or use, unless said building shall be enlarged or the use changed, in which case the provisions of this chapter shall apply both to the existing and enlarged portion of the building or new use.
3.
No off-street parking space shall be located within a required front yard in any zone. In the case of townhouse and garden apartment complexes, no parking spaces shall be provided within 20 feet (30 feet for the B-1A Zone) from the edge of pavement of any access roadway. For the purpose of this requirement, residential driveways shall not be considered parking spaces.
4.
Construction plans for all one- and two-family dwellings, townhouses and condominiums shall include an enclosed private garage of not less than 12 feet by 20 feet. This section shall not apply to garden apartments, nor second- and third-floor apartments over commercial or professional buildings. All driveways associated with dwelling units shall be capable of parking at least two additional vehicles. All existing one- and two-family dwellings shall have at least a one car garage of at least 12 feet by 20 feet. Two-family dwellings shall have at least two garages of 12 feet by 20 feet or a garage 24 feet by 20 feet.
5.
All parking areas and appurtenant aisles, driveways and passageways serving other than one-family and two-family residential uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation and at other times when required for the safety and security of the premises. The lighting shall not adversely affect others outside the site. Site lighting for uses other than detached single-family residential homes shall comply with the standards set forth in Chapter 21, Site Plan Review.
6.
No parking shall be permitted during nonbusiness hours on a motor vehicle service establishment, unless the vehicle has become inoperable in the process of mechanical repairs being performed on the premises.
7.
Should the approving authority decide that there is sufficient parking by means of the ability of parking space in an adjoining or other municipal parking lots, the applicant if approved shall be responsible to pay to the municipality on an annual basis $150 per space per year. This initial rate shall be fixed for the first three years. After the first three years, the rate shall be increased by $100 per space for each five years thereafter. This rate shall be calculated and separate bill shall be provided by the Tax Collector of the Township of Scotch Plains. Billing shall be made with the same billing as currently exists on a quarterly basis for tax collection purposes. This calculation and payment to the Township of Scotch Plains does not entitle the payee to reserved spaces in any municipal lot.
8.
Prior to establishing a change of use of an existing commercial, industrial or multifamily residential structure(s), the owner or operator of such proposed use shall apply for and receive a permit from the Zoning Enforcement Officer. Prior to determination that such use is permitted, the owner or operator shall first pay the fees prescribed in Chapter 19, Subsection 19-3.4.
9.
In any business or industrial zone, any part of a building or structure designed for the purpose of parking vehicles shall be constructed so as to screen vehicles from view by means of a wall designed as an integral part of the structure at least three feet in height, except that nothing herein shall be construed so as to prevent a suitable means of ingress and egress to such area. In addition, the approving authority may require landscaping improvements in order to suitably screen such parking facilities.
m.
All new subdivisions that are created which have less than 24 newly created lots shall be accessed by a new road, with cul-de-sac termination. Newly formed culs-de-sac shall not have a total average daily traffic count exceeding 250 trips a day, based upon the RSIS Standard, Table 4.3 and Table 4.1, the Average Daily Motor Vehicle Traffic Trip Generation per dwelling unit, which is based upon the peak rate of 10.1, which calculates to a rate of 250, based upon the RSIS Standard.
n.
The limitations of sign area as set forth by this chapter for the business and industrial zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs do not exceed four square feet in area on any one side.
o.
Fences may be erected, installed, altered or reconstructed to a height of nominally four feet above ground level when located in a front yard area, or to a height of nominally six feet above ground level if located elsewhere on the lot, except that in no case shall any fence be higher than nominally four feet above ground level when located beyond a projection of any front building line of any adjacent improved lots or the setback line of any adjacent unimproved lots. Fences may be installed with an air space at the bottom to prevent decay and deterioration, which fence shall not exceed four feet three inches and six feet three inches. Fences shall be installed with the finished side towards any neighboring property. In case of any question as to which side is the finished side, the Zoning Officer shall determine which side is the finished side based on manufacturer's literature and industry standards.
1.
Exception: Deer fences shall be permitted to provide protection of property of the residents of the Township of Scotch Plains. Deer fences shall be allowed to extend to a height of eight feet and fence supporting posts shall be allowed to extend an additional six inches, for a total height of eight feet six inches above grade. (See Subsection 23-1.8, Definition No. 28.5.[4])
2.
This subsection shall not apply to fences erected for tennis courts nor fences associated with the protection of any utility company property where the utility may be subject to danger or harm from outside sources. "Utilities" shall be defined under this section as electric, telephone, including cell sites, water, sewer, gas, video, radio transmission, and the like.
p.
Family accessory suite. The establishment of an accessory suite with separate housekeeping facilities (including kitchen facilities) within an existing single-family dwelling for not more than two blood relatives over the age of 55 of the owner of the aforementioned household shall not be considered a violation of the single-family residence zone restrictions, provided that each and every one of the following conditions are met:
1.
The existing residence is situated in any of the following zones: R-1, R-2, R-2A, R-2B, R-2C, R-3, R-3A.
2.
Family accessory suite shall not comprise more than 750 square feet of floor area of the dwelling.
3.
No enlargement of the established residence shall be permitted, except that entrance and exit facilities may be altered to permit separate access to the accessory suite, provided that there shall at all times remain the opportunity for a continuous and unrestricted flow between the accessory suite and the remainder of the residence.
4.
The accessory suite shall not at any time be used for profit or financial gain.
5.
The accessory suite, as well as the remainder of the residence, shall meet all housing code requirements as prescribed elsewhere in this chapter.
6.
The lot upon which the residence is situated shall meet all area and dimension requirements of the chapter for the zone in which it is located unless the lot is a preexisting, nonconforming lot or a nonconforming lot by prior approval.
7.
The existing residence shall comply with all yard requirements for the zone in which it is situated unless the existing residence is situated on a preexisting, nonconforming lot or a variance from any of the required side, rear, and front yards has been obtained.
8.
A bathroom containing only a toilet, sink, and tub or stall shower shall be permitted in the accessory suite.
9.
The applicant shall be required to submit to the Zoning Officer prior to commencement or establishment of the proposed accessory suite the notice of intent to establish accessory suite.
10.
The premises shall continue to be regarded as a single-family dwelling for all purposes, including taxation.
11.
The permit for the accessory suite shall commence after the application is approved by the Zoning Officer and shall terminate upon the sale or transfer of the title to the property.
12.
A violation of any of the above conditions shall constitute a violation of this chapter, entitling the Township to all available legal or equitable remedies, in addition to the revocation of any permit issued by the Township.
q.
Prohibited uses. Any use not specifically permitted in the zoning district established by this chapter is hereby specifically prohibited from that district, and further provided that the following uses and activities shall be specifically prohibited in any zone in the Township:
1.
Class 1 - licensed cannabis cultivator; Class 2 - licensed cannabis manufacturer; Class 3 - licensed cannabis wholesaler; Class 4 - licensed cannabis distributor; Class 5 - licensed cannabis retailer; Class 6 - licensed cannabis delivery service; licensed cannabis microbusiness.
2.
Trailer coach parks.
3.
Automobile wrecking yards, junkyards or the sorting and baling of scrap metal, paper, rags or other scrap material.
4.
Airports, heliports, helistops or other facilities required for landing or departure of airborne vehicles.
5.
Dumps or sanitary landfills, incinerators, pyrolysis or high-temperature combustion plants or composting plants or other methods for the disposal of garbage, trash, refuse, junk or other waste materials.
6.
Coin-operated vending machines where they are not in an enclosed building.
7.
The parking, storing, or keeping of dismantled, inoperative or discarded motor vehicles or any parts thereof, unless within an enclosed building.
8.
Any use which has an objectionable industrial waste which is discharged into a municipal sewer system or stream.
9.
Adult bookstores, businesses showing x-rated movies or live acts, massage parlors and other businesses dealing primarily with indecent or obscene materials, acts or paraphernalia.
r.
Aboveground fuel storage.
1.
Schools, churches, charter membership, charitable, religious, and eleemosynary organizations; or any use associated with a public utility company, or any utility use as defined as electric, telephone (including cell site), water, sewer, gas, video, radio transmission and the like, shall be specifically permitted to use any and all fuels for the operation of any fueled generation systems, either above or below the ground. This shall include, but not be limited to, gasoline, diesel, natural gas and propane, as long as all of the necessary permits are obtained and the installation is performed in accordance with the applicable section or sections of the Uniform Construction Code.
2.
Fuel oil storage tanks.
(a)
Fuel oil storage tanks shall be permitted to be installed above the ground in all residential zones for the purpose of storing home heating fuel only. The minimum tank size shall be 60 gallons, and the maximum shall be 660 gallons.
(b)
The proposed tanks shall be located not less than 20 feet from each side lot line of the property. Aboveground storage tanks shall only be located in the rear yards. Aboveground storage tanks shall be located a minimum of five feet from the primary dwelling unit in conformance with NFPA 31, and shall be placed on a minimum of a four-inch concrete slab, with a minimum of four inches of crushed stone placed on grade, and a layer of six-millimeter polypropylene. In addition to the slab, there shall be a minimum of an eight-inch curb placed on top of the slab on all four sides.
(c)
The tank shall be protected by a weatherproof cover aesthetically compatible to the dwelling unit to which it is adjacent. It shall be removable and consist of a minimum of three sides and a roof. The slab shall be large enough to contain the proposed tank and shall not exceed 10 feet in distance away from the primary structure.
s.
Special use permits.
1.
It is recognized that it may be in accordance with the purposes of the Land Use and Development Ordinances of the Township of Scotch Plains[5] and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to permit activities for a limited period of time, under very specific conditions, which activities may be prohibited by other provisions of the aforesaid ordinance, if such uses are of such a nature and are so located that at the time of petition they would:
(a)
Not exert a substantially detrimental effect upon the uses of land and activities normally permitted in the district in which the activity is proposed;
(b)
Contribute materially to the good and welfare of the Township or its residents;
(c)
Be temporary/seasonal in nature and not substantially undermine the Township Master Plan and/or Land Use and Development Ordinances; and
(d)
Be located in a B-2 Business Zone or B-3 Highway Business Zone; and
(e)
Not substantially intrude into areas under Planning Board or Board of Adjustment control.
2.
In the event the Township Council finds the above to exist, the Township Council of the Township of Scotch Plains may, in its sole discretion, grant a special use permit for such activity, and no other application or action shall be required of the petitioner in receipt of such special use permit. The Township Council may refer such special use permit request to any agency, department or board prior to its decision for comment, but the Township Council shall not be bound by the same. The Township Council shall limit the time period for which the special use permit shall be valid, which time period shall not exceed 90 days in the case of a special use permit issued for the erection, mounting or other display of a sign, and one year in all other cases for which a special use permit is issued, unless otherwise extended by the Township Council. The Township Council may impose such other conditions upon the special use permit as it deems appropriate.
3.
If required by the Township Council, the applicant for a special use permit shall give notice of the application to the owners of all real property, as shown on the current tax duplicate, within 200 feet in all directions of the property which is the subject of the application by lot and block and street address and shall contain a description of what use the applicant is requesting and also at what meeting the application will be heard (address, date, and time of meeting) and that the recipient of the notice shall have the right to be heard relative to the application. Notice shall be given by personally serving a copy thereof on the property owner as shown on said tax duplicate or his agent in charge of the property; or mailing a copy thereof by certified mail to the property owner at the address as shown on said tax duplicate.
4.
The applicant for a special use permit shall pay to the Township an application fee of $35 to cover the Township's administrative expenses in processing the application.
(a)
Applicants filing for an SUP shall make their application a minimum of 45 days in advance of the date of the event.
(b)
The application fee is due at the time the application is filed and is nonrefundable. An applicant seeking a special use permit, which special use permit is substantially identical in all respects to a special use permit previously granted to the applicant by the Township Council pursuant to this section, shall file an application for same. The requirements set forth in Subsection 23-2.3s for an initial application for a special use permit shall apply to a renewal application, except that any requirement for notice shall be sent by certified mail, or personal service, 10 days prior to the hearing date with the applicant being required to file with the Township a certification of service.
5.
Sidewalk cafe permits. Notwithstanding anything to the contrary in the above provisions, application for a special use permit for a sidewalk cafe shall be made to the Zoning Officer, and such special use permit may be issued by the Zoning Officer, subject to the requirements of this subsection. The application shall be made in the form and manner determined by the Zoning Officer and shall include such information as may be required by the Zoning Officer to evaluate the application, including but not limited to the name and address of the applicant; the name and address of the owner of the property if other than the applicant, and authorization of the owner for such application; a drawing prepared by or on behalf of the applicant, depicting the proposed location of tables, chairs, and other temporary structures or equipment forming the sidewalk cafe, including proposed trash receptacles, if any; the seating capacity of the proposed sidewalk cafe; and such other information as may be reasonably required by the Zoning Officer. Appeals from a decision of the Zoning Officer may be made to the Township Council. In addition to any specific conditions imposed by the Zoning Officer, sidewalk cafes shall be subject to the following requirements:
(a)
Sidewalk cafes shall be in the B-2 or B-3 Zone.
(b)
Pedestrian traffic shall not be impeded by the sidewalk cafe.
(c)
Acceptance of the permit by the applicant shall operate as consent for the health, fire, police and Building Officials of the Township to inspect the sidewalk cafe for continued compliance with the terms and conditions of the permit and any federal, state, county or local ordinance affecting the same.
(d)
Each holder of a sidewalk cafe permit shall be responsible for keeping the area of the sidewalk cafe and adjacent sidewalk clean, and free and clear of any debris or litter occasioned by the cafe.
t.
A zoning permit, as defined in Subsection 23-1.8 of this chapter, is hereby required by the Township of Scotch Plains for miscellaneous items, as listed herein, not normally associated with, or in conjunction with, a building permit. The purpose of a zoning permit is to ensure that the installation of said items is in conjunction with, and in conformance with, the plans that have been submitted, reviewed, and approved by the administrative officer who has the authority to issue the zoning permit for those installations. The fee for this zoning permit shall be $50. The fee associated with the installation of any of the items listed shall be waived if the item listed is approved by the Board of Adjustment.
1.
2.
Additionally, zoning permits shall be required for any nonresidential use, building or structure, located in any zone. A complete and detailed outline and proposal shall be submitted to the administrative officer, on forms prescribed by the administrative officer, prior to occupying any space in any zone. Only after review and approval by the administrative officer shall occupancy be permitted. In a case where other permits are required (building, plumbing, electric, fire or elevator), a zoning permit must be obtained as a condition prior to the application for such permits from the Building Department. The fee for the zoning permit shall be $50.
3.
Failure to apply for and receive a zoning permit from the administrative officer prior to occupancy shall result in a penalty in the amount of $500 against the tenant, operator or owner of such establishment. Any instance of failure to pay such fines or penalties shall be referred to the Municipal Court of the Township of Scotch Plains.
u.
Zoning Certification Affidavit.
A document prepared by the Administrative Officer certifying a parcel of property to be in a specific zoning district. Such document shall be relied upon as being accurate to the zone designation only, with reference to the specific property address as well as the corresponding block and lot. Said certification document fee shall be $ 100.00 per request.