Trenton City Zoning Code
ARTICLE 9
On-Site Development Standards
§ 315-9.1 GENERAL ON-SITE DEVELOPMENT STANDARDS.
A.
Applicability of Dimensional Requirements.
All structures must meet the dimensional requirements of the zoning district in which the structure is located. No existing structure may be enlarged, altered, reconstructed, or relocated in a manner that conflicts with the requirements of the district in which the structure it is located unless a variance is approved.
B.
Prohibition of Structures in Utility Easements.
Permanent structures, stormwater facilities, retaining walls, decks, and accessory structures are prohibited within utility easements unless otherwise approved by City Council or other authorizing agency. If any structures are located within a utility easement and repair or replacement of the utility is needed, the City or utility is not responsible for the replacement of any structures that may be damaged.
C.
Sight Visibility.
1.
On a corner lot, no structure, freestanding sign, accessory structure, or landscape can exceed a height of 36 inches above the street grade within 15 feet as measured at the curb lines intersecting streets. Fences within the sight visibility triangle are limited to 36 feet unless such fence is an open fence, where it is permitted to a height of four feet.
SIGHT TRIANGLE 1  |
2.
A sight visibility triangle is required at the intersection of a street and an alley. No structure, freestanding sign, accessory structure, or landscape can exceed a height of 36 inches above the street grade within 15 feet as measured from the centerline of the alley from the street edge of the alley back and from the centerline to the curb line. Fences within the sight visibility triangle are limited to 36 feet unless such fence is an open fence, where it is permitted to a height of four feet.
SIGHT TRIANGLE 2  |
§ 315-9.2 ON-SITE GREEN SPACE AND CIVIC SPACE REQUIREMENTS.
A.
Applicability.
1.
All multi-family, mixed-use, and nonresidential developments are required to provide on-site green space and civic space in accordance with this section, unless they meet any of the following conditions:
a.
Multi-family and mixed-use developments with fewer than ten dwelling units.
b.
Nonresidential developments less than 20,000 square feet in gross floor area.
c.
Developments of any type in the following districts: I-L, I-G, and OS-R Districts.
d.
The development of a light or general industrial use in any district.
2.
A change of use from a nonresidential use to a residential use, including mixed-use development, is also required to provide on-site green space and civic space in accordance with this section, unless they meet any of the following conditions:
B.
Minimum On-Site Green Space and Civic Space.
On-site green space and civic space is required as follows. Item C below provides required design standards for green space and civic space.
1.
Multi-family developments must provide a minimum of 100 square feet of on-site green space and/or civic space per dwelling unit.
2.
Mixed-use developments must provide a minimum of 100 square feet of on-site green space and/or civic space per dwelling unit.
3.
Nonresidential developments must provide an equivalent of a minimum of 10% of the lot area in on-site green space and/or civic space.
4.
The total required area of on-site green space and civic space, per items 1, 2, and 3 above, may be reduced by 50% if all required area is provided as public green space and/or civic space.
5.
In lieu of providing required green space and civic space, the applicant may request that the Planning Board allow for a fee-in-lieu. The fee schedule contains the fee per gross square foot of nonresidential area and fee per dwelling unit when fee-in-lieu is utilized. These funds will be dedicated to the City of Trenton for the purpose of enhancing public spaces within the City.
C.
On-Site Green Space and Civic Space Design.
1.
Green space and civic space must meet the following design requirements of Table 9-1: On-Site Green Space and Civic Space Design, as applicable, organized by type of green space or civic space.
2.
The types of green space and civic space are defined as follows:
a.
Green Space.
An area of open space consisting of grass, trees, or other vegetation, or consisting of designed hardscape with areas of vegetation, set apart for recreational or aesthetic purposes in an urban environment.
i.
Green Space, Common.
Green space maintained for the shared use of the residents and/or tenants, including visitors, of the development.
ii.
Green Space, Private.
Green space reserved for the sole use of the occupant of the associated dwelling unit or the tenant space.
iii.
Green Space, Public.
Green space maintained for the use of the general public. Public green space may include parks, plazas, and public seating areas.
b.
Civic Space.
An area of public open space that includes gathering spaces, both indoor and outdoor, seating areas, and other similar elements that allow people to congregate, and may be used as a circulation element such as a street passage.
Table 9-1: On-Site Green Space and Civic Space Design | Green Space | Civic | ||
|---|---|---|---|---|
Design Element | Public | Common | Private | |
Green space designed for outdoor living, recreation, and/or landscaping, including areas located on the ground and areas on decks, balconies, galleries, porches, or roofs as applicable. | • | • | • | |
Green space may be located on decks, balconies, galleries, porches, or roofs. | • | • | ||
Green space area must be contiguous. | • | • | ||
Space located on the ground level must have a minimum dimension of at least 15 feet on each side. | • | • | • | • |
The surface area of space cannot exceed 18 inches above or below the adjacent sidewalk level. | • | • | ||
Green space located on an attached structural element, such as a balcony, gallery, or roof, must have a minimum dimension of at least six feet on each side. | • | • | ||
When located at ground level, the required green space area must be substantially covered with grass, live groundcover, shrubs, plants, and trees. | • | • | • | |
Seating areas and patios, and fountains, public art, and other points of visual interest may be integrated into the green space or civic space design. | • | • | • | |
Circulation within the public green space or civic space must be designed to follow the desire lines of its users, connecting pedestrians to rights-of-way that abut the open space, entrances to adjacent buildings, and any design features, such as seating areas. Areas used for circulation, such as paths, are included as part of the total area. | • | • | ||
Usable outdoor amenities, such as grills, pools, tennis courts, or playgrounds, are permitted as part of the required area. | • | |||
An indoor or outdoor community space available for the use of the public without charge, such as public meeting rooms, performance spaces, and galleries. | • | |||
Indoor amenities for residents or tenants, such as fitness rooms, theaters, or community spaces, are permitted, but may only qualify for 25% of the total required area of green space or civic space. | • | |||
Public accessways to plazas, courtyards, seating areas, and benches that are part of green space or civic space areas must be readily apparent to passerby. Such areas may not be gated. | • | • | ||
Permanent or rotating outdoor public art installation with sufficient area set aside for public viewing are required. | • | |||
Implementation of the strategies of Creek to Canal (C2C) Creative District Plan. | • | • | ||
D.
Maintenance of On-Site Green Space and Civic Space.
1.
A maintenance agreement must be approved between the developer and the City as to the maintenance of any public open space or civic space as part of site plan approval, unless such public open space is donated to the City.
2.
Common on-site green space must provide a maintenance agreement as part of site plan approval.
§ 315-9.3 EXTERIOR LIGHTING.
A.
Lighting Plan.
1.
A lighting plan is required for all nonresidential uses, mixed-use, and multi-family developments. Other developments are exempt from a required lighting plan, but are subject to applicable lighting standards of Item B below.
2.
A lighting plan must include the following:
a.
A plan showing all light pole locations, building-mounted lights, bollard lights, and all other lighting.
b.
Specifications for luminaires, including certifications of energy efficient lighting, and lamp types, and poles, including photographs or drawings of proposed light fixtures.
c.
Pole and luminaire details including pole height, height of building-mounted lights, mounting height, and height of the luminaire.
d.
Elevations of the site including all structures and luminaires sufficient to determine the total cutoff angle of all luminaires and their relationship to abutting parcels.
e.
For developments subject to site plan review, photometric plans that show the footcandle measurement at all lot lines may be required if the lot is adjacent to a residential district.
f.
Other information and data reasonably necessary to evaluate the required lighting plan.
B.
Lighting Standards.
1.
The maximum allowable footcandle at any lot line is one footcandle.
2.
All luminaires must be either full cutoff or semi-cutoff luminaire design.
3.
Any freestanding luminaire for a nonresidential use over 18 inches in height must be located at least 5 feet from a residential district lot line.
4.
The maximum total height of a freestanding luminaire is 20 feet in a nonresidential district, and 15 feet in a residential district.
5.
All outdoor luminaires must be located and adequately shielded so that there is no glare onto adjacent lots or onto the public right-of-way.
6.
For those uses required to submit a lighting plan, per item A above, are also subject to the following:
a.
All public lighting sources must have a correlated color temperature (CCT) at or below 3200°K. This does not apply to outdoor recreation fields.
b.
Energy efficient lighting is required. Energy efficient lighting must be certified as efficient by one of the following: ENERGY STAR, Design Lights Consortium, Consortium for Energy Efficiency, or Federal Trade Commission's Lighting Facts certification. As part of site plan review approval, additional certifying organizations or manufacturers of energy efficient lighting can be considered.
C.
Exceptions to Lighting Standards.
1.
Luminaires used for public roadway illumination or installed by a utility to light public rights-of-way are exempt from the requirements of this Ordinance.
2.
All temporary emergency lighting required by public safety agencies, other emergency services, or construction are exempt from the requirements of this Ordinance.
3.
Shielded, directional accent lighting or uplighting is permitted but must be aimed at a building facade, sign, or accent feature, such as landscape, and directed so that glare is not visible from adjacent properties. However, such lighting must not exceed one footcandle at any lot line. Directional accent lighting or uplighting should light surfaces not direct glare to streets or the sky.
4.
Security lighting installed with a motion vacancy sensor, which extinguishes the lights within 15 minutes after the area is vacated.
5.
Because of their unique requirements for nighttime visibility and limited hours of operation, outdoor recreational fields (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, driving ranges, and other similar uses are exempt from the lighting standards of Item B above and subject to the following:
a.
Recreational fields are permitted a total luminaire height of 65 feet in any district. Luminaires greater than 65 feet in total height may only be approved by conditional use.
b.
All lighting must be directed onto the field.
c.
Lighting outside the recreational field, such as for parking areas, must comply with the lighting standards of Item B above.
d.
The recreational field lighting must be extinguished one hour following the end of the event. Lighting outside the recreational field, such as for parking areas, is not subject to this timeframe to facilitate patrons leaving the facility, cleanup, nighttime maintenance, and other closing activities.
6.
Temporary holiday and seasonal lighting designs are exempt from the requirements of this Ordinance.
7.
Certain temporary uses may use lighting that does not meet the requirements of this section. When such temporary uses are allowed, approval of the lighting plan is required as part of the temporary use permit.
D.
Prohibited Lighting.
1.
Flickering or flashing lights.
2.
Searchlights, laser source lights, or any similar high intensity.
3.
The use of neon or LED lighting to outline doors, windows, architectural features, and building facades. This does not apply to uplighting of architectural features and building facades as permitted in item C.3 above.
4.
Any light fixture that can be confused with or construed as a traffic control device.
§ 315-9.4 ACCESSORY STRUCTURES AND USES.
A.
General Regulations for Accessory Structures.
All accessory structures are subject to the following regulations, unless otherwise permitted or restricted by specific regulations of this section and Ordinance.
1.
Only those accessory structures permitted by this section and § 315-9.6 are permitted in required setbacks. Certain accessory structures may also be prohibited in certain yards.
a.
The use of the term "yard" refers to the area between the applicable building facade line and lot line. The distinction is made because certain principal buildings may not be built at required setback lines, thereby creating a yard larger than the minimum setback dimension.
b.
If a structure is permitted within a yard, it is permitted within the required setback but may be subject to additional limitations.
c.
Where there is no structure on the lot, no accessory structure is permitted in the required setback unless otherwise specifically within the use's standards.
2.
The maximum height of any detached accessory structure is 20 feet, unless otherwise permitted or restricted by this Ordinance.
3.
Setbacks for detached accessory structures are required as follows:
a.
Enclosed detached accessory structures must be setback a minimum of three feet from any lot line in all districts and one foot from any lot line abutting an alley, unless otherwise permitted or restricted by this Ordinance.
b.
Open sided detached accessory structures must be setback a minimum of one foot from any lot line, unless otherwise permitted or restricted by this Ordinance.
c.
Additional setbacks for an accessory structure may be required by other city codes, such as the fire code or building code.
d.
For roofed structures, setbacks are measured from the edge of the roofline, including eaves.
4.
Accessory structures are included in the calculation of all maximum impervious surface and building coverage requirements of the district.
5.
The footprint of any single detached accessory structure cannot exceed the footprint of the principal building.
B.
Accessory Dwelling Unit (ADU).
1.
An ADU may be located only on a lot with one single-family dwelling.
2.
One of the dwelling units must be occupied by the owner of the property.
3.
A lot must have a minimum area of 4,000 square feet to qualify for an ADU.
4.
Only one ADU is permitted per lot.
5.
The ADU may be within, attached to, or detached from the primary dwelling structure and may be a part of a detached accessory structure. An ADU may be developed within an existing structure or as new development.
6.
A detached ADU must be set back three feet from an interior side lot line and ten feet from a rear lot line. A detached ADU is not permitted in a front yard or corner side yard. This does not apply to an ADU constructed within a detached garage.
7.
An ADU is limited to a maximum gross floor area of 800 square feet.
8.
In no case may an ADU exceed 40% of the primary dwelling floor area nor more than 2 bedrooms.
9.
The ADU must be designed so that the appearance of the primary structure remains that of a house. The entrance to the ADU must be located in such a manner as to be unobtrusive from the same view of the structure that encompasses the entrance to the principal dwelling.
10.
No additional parking is required for the ADU.
C.
Amateur (ham) Radio Equipment.
1.
Towers that solely support amateur (ham) radio equipment are permitted in the rear yard only, and must be located ten feet from any lot line. Towers are limited to the maximum building height of the applicable district plus an additional five feet, unless it is demonstrated that a taller tower is technically necessary to engage successfully in amateur radio communications.
2.
Antennas may be building-mounted and are limited to a maximum height of ten feet above the structure, unless a taller antenna is technically necessary to engage successfully in amateur radio communications and special use approval is obtained.
3.
The operator must provide evidence that a taller tower and/or antenna than permitted by this section is technically necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna will not prove a hazard. As part of the application, the applicant must submit a plan showing the proposed location of the tower or antenna, as well as its relation to the principal building and accessory structures.
4.
Any antennas and/or towers owned and operated by the City are exempt from these requirements.
D.
Apiary.
In addition to the standards below, all apiaries and beekeeping activities must comply with the New Jersey Department of Agriculture Beekeeping Regulations. In the case of conflict with the state regulations, the state regulations control.
1.
Hives are allowed only in interior side or rear yards.
2.
Hives must be set back ten feet from all lot lines.
3.
When the apiary is located within a yard not bounded by a solid wall or solid fence, a flyway of at least six feet in height comprised of a lattice fence, dense hedge, or similar barrier must be established in front of the opening of the hive such that the bees fly upward and away from neighboring properties. The flyway must be located within three feet of the hive opening and extend at least two feet in width on either side of the hive opening.
4.
Hives must have a fresh water supply located on property.
5.
For any rooftop apiary within 20 feet of doors and/or windows of the principal building on an abutting lot, one of the following conditions must exist:
a.
The hive opening must face away from doors and/or windows of the principal building on the abutting lot.
b.
A flyway of at least six feet in height comprising of a lattice fence, dense hedge, or similar barrier must be established in front of the opening of the hive such that the bees fly upward and away from neighboring properties. The flyway must be located within three feet of the hive opening and extend at least two feet in width on either side of the hive opening.
6.
In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, the beekeeper must promptly requeen the colony.
F.
Coldframe Structures.
1.
Coldframe structures up to three feet in height are permitted in all yards.
2.
Coldframe structures over three feet in height and up to a maximum of six feet are permitted in the rear yard only.
3.
Each coldframe structure is limited to a maximum square footage of 80 square feet.
4.
When part of a community garden, each coldframe structure is permitted a maximum square footage of 160 square feet and six feet in height, and must meet all required setbacks.
COLDFRAME STRUCTURE  |
G.
Donation Boxes.
1.
Donation boxes are permitted for nonresidential uses in nonresidential districts only. Donation boxes must be registered with the City of Trenton and a zoning permit (§ 315-13.12) is required.
2.
Only one donation box is permitted per lot. Donation boxes are only permitted on a site where there is a principal building.
3.
Donation boxes can only be located to the side or rear of the principal building. In no case may a donation box be located in a front yard. No donation box may be located within a required parking space.
4.
The area surrounding the donation box must be kept free of any junk and debris, and must be well lit for safety purposes.
5.
Donation boxes must be made of metal, and must be maintained in good condition and appearance with no structural damage, holes, or visible rust, and must be free of graffiti.
6.
Donation boxes must be locked or otherwise secured.
7.
Donation boxes must contain the following contact information on the front of each donation box: the name, address, email, and phone number of the operator.
H.
Fences and Walls.
1.
General Requirements.
a.
When additional fence and wall requirements are found in the use standards or the landscape requirements, such requirements control.
c.
A fence or wall, including all posts, bases, and other structural parts must be located completely within the boundaries of the lot on which it is located. Fences must be within five feet of the lot line.
d.
Light fixtures, post tops, finials and other ornamentation above the mass of the wall or fence must not exceed 1/3 of the permitted height of the fence or wall. Such ornamentation may be placed at intervals no less than six feet on average.
2.
Height.
Fences and walls are measured from the ground level at the adjacent property or adjacent right-of-way from the base of the side directed toward the abutting property or right-of-way. The maximum height of fences and walls, including combinations of both, are as follows:
a.
In the residential districts, the maximum fence and wall height is as follows.
i.
A fence or wall no more than six feet in height is permitted in the rear and interior side yards. Fences must be located on the lot line or within five feet of the lot line. For interior side yards, six foot fences are permitted up to the front building line.
ii.
In the RL-1 and RL-2 Districts, no fence or wall is permitted within the front yard or corner side yard.
iii.
In all other residential districts, a four foot open fence is permitted in the front yard or corner side yard. This includes the area along the interior side yard that extends from the front building line to the minimum front setback line. Fences must be located on the lot line or within five feet of the lot line. Four foot open fences are also permitted along the edges of a walkway within the yard.
b.
In the commercial and mixed-use districts the I-MU District, and the special purpose districts, the maximum fence and wall height is as follows. This does not include the DT District.
i.
A fence or wall no more than six feet in height is permitted in the rear and interior side yards. Fences must be located on the lot line or within five feet of the lot line. For interior side yards, six foot fences are permitted up to the front building line.
ii.
A four foot open fence is permitted in the front yard or corner side yard. This includes the area along the interior side yard that extends from the front building line to the minimum front setback line. Fences must be located on the lot line or within five feet of the lot line.
FENCE HEIGHT (EXCLUDES DT, I-L, I-G DISTRICTS) .tif.png) |
c.
In the DT District, the maximum fence and wall height is as follows:
i.
A fence or wall no more than six feet in height is permitted in the rear and interior side yards. Fences must be located on the lot line or within five feet of the lot line. For interior side yards, six foot fences are permitted up to the front building line.
ii.
Walls along front and side yards, including the area along the interior side yard that extends from the front building line to the front setback line, are required. Walls may be constructed as either:
d.
In the I-L and I-G Districts, a maximum fence height of ten feet is permitted in any yard.
3.
Orientation.
Fences and walls must have the finished face of the wall or fence directed toward the abutting property or right-of-way.
4.
Maintenance.
The property owner on whose land the fence or wall is located is responsible for the maintenance of both sides of the fence or wall. If the property owner is denied access to the abutting property, the property owner is relieved of the maintenance obligation.
I.
Flat Roof Features.
Accessory rooftop features of a flat roof, such as green roofs, rooftop decks, rooftop gardens, and stormwater management systems are on any flat roof building and are excluded from the calculation of maximum building height. Flat roof features must meet the following standards:
1.
For green roofs, rooftop gardens, and similar features, documentation must be submitted demonstrating that the roof can support the additional load of plants, soil, and retained water.
2.
Rooftop decks or patios must be set back 18 inches from all building edges.
3.
Guardrails are required per the standards of the Building Code.
4.
Where a rooftop deck is located adjacent to a story of a residential dwelling, a privacy fence is required. Such fence must be six feet in height and of solid construction.
5.
All access to rooftop features must be internal to the structure. No exterior stairwells may be constructed to access the roof.
J.
Garage, Detached.
1.
Detached garages are permitted in the rear, corner side, and interior side yards. Detached garages are not permitted in the front yard and must be located a minimum of five feet behind the front building line.
2.
Detached garages in the rear and interior side yards must be set back a minimum of 20 feet from the lot line where access to the garage is taken. This does not apply where garages take access from an alley access. Where detached garages are accessed by the alley, they must be located one foot from the rear lot line.
3.
Detached garages in the corner side yard are subject to the following:
a.
Where the garage is located in the corner side yard and takes access from the abutting street, the garage must be set back 20 feet from the corner side lot line.
b.
Where the garage is located in the corner side yard but does not take access from the abutting street, the garage must be set back four feet from the corner side lot line and must be set back a minimum of 20 feet from the lot line where access to the garage is taken. This does not apply where garages take access from an alley access. Where detached garages are accessed by the alley, they must be located one foot from the rear lot line.
4.
Detached garages are encouraged to match the pitch of the roof of the principal dwelling.
5.
The area above vehicle parking spaces in a detached garage may not contain a cooking facility or a full bath. This does not apply if an accessory dwelling unit use has been approved, in which case those standards control.
DETACHED GARAGE  |
K.
Generic Legal Item Exchange Box.
1.
Generic legal item exchange boxes are permitted in front or corner side yards only and must be located a minimum of one foot from any lot line, measured from the base of the book exchange box.
2.
No generic legal item exchange boxes may be located so that it impedes pedestrian access or circulation, obstructs parking areas, or creates an unsafe condition.
3.
Generic legal item exchange boxes are prohibited in the public right-of-way.
4.
Each exchange box must be designed and constructed in such a manner that its contents are protected from the elements. All items must be fully contained within a weatherproof enclosure that is integral with the structure that comprises the exchange box.
5.
Generic legal item exchange boxes are limited to a maximum height of five feet to the highest point of the structure, and a maximum width and depth of three feet.
6.
Foundations comprised of masonry pavers or other similar moveable materials are permitted.
7.
No more than one exchange box is permitted per lot.
8.
All items must be offered for free. No sales or other forms of compensation is permitted.
L.
Home Occupations.
1.
Home occupations are permitted in a dwelling unit as an accessory use provided that this use is clearly incidental and secondary to the primary use of the dwelling for residential purposes and does not change the character of the dwelling unit or adversely affect the surrounding residential district of which it is a part.
2.
The home occupation may be conducted within the principal structure or within a detached accessory structure.
3.
A member or members of the immediate family occupying the dwelling and no more than one person who is not a resident member of the immediate family may be in the home at any given time to work in connection with the home occupation.
4.
No alteration of any structure may be made that changes the residential character of that dwelling. Displays or activities that indicate from the exterior that a structure is being used, in part, for any purpose other than that of a residence or an accessory structure are prohibited.
5.
Home occupations of an office or service-related businesses with client visits are limited up to one client at a time per home occupation in the structure.
6.
No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.
7.
The home occupation and all related activity, including storage, equipment, and display, must be conducted completely within the principal building or accessory structure.
8.
No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials may be used or stored on-site. There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.
9.
The use or storage of tractor trailers, semi-trucks, or heavy equipment, such as construction equipment used in a commercial business, is prohibited.
10.
The home occupation cannot create greater vehicular or pedestrian traffic than is average for a residential area. The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way. Any need for additional parking generated by the home occupation must be met on-site.
11.
Only one non-illuminated, affixed wall sign no more than 1.5 square feet in area is permitted in association with the home occupation.
12.
Day care homes of any type are not considered a home occupation and are regulated separately by this Ordinance as a principal use in Article 8.
13.
Repair and service of any vehicles, any type of heavy machinery, or any type of engine is prohibited. Small electronic repair, such as computers, is allowed.
14.
Rental services, where any materials for rent are stored on-site and customers visit the residence to pick-up and return the product, are prohibited
15.
Dispatching services, where workers report to the home for dispatching, are prohibited
16.
The business of firearm transfers is prohibited.
M.
Mechanical Equipment.
Mechanical equipment includes heating, ventilation, and air conditioning (HVAC) equipment, electrical generators, power storage, pool pumps, and similar equipment.
1.
Ground-Mounted Equipment.
a.
Mechanical equipment is permitted in the interior side or rear yard only.
b.
For multi-family and nonresidential uses, ground-mounted mechanical equipment must be screened from public view by a decorative wall, solid fence, or year-round landscaping that is compatible with the architecture and landscaping of a development site. The wall, fence, or plantings must be of a height equal to or greater than the height of the mechanical equipment being screened.
2.
Roof-Mounted Equipment.
a.
For structures 40 feet or more in height, all roof equipment must be set back from the edge of the roof a minimum distance of one foot for every two feet in height.
b.
For structures less than 40 feet in height and for any building where roof equipment cannot meet the setback requirement of item a above, there must be either a parapet wall to screen the equipment or the equipment must be housed in solid building material that is architecturally integrated with the structure.
3.
Wall-Mounted Equipment.
a.
Wall-mounted mechanical equipment is not permitted along the front or corner side facade of the building. Wall-mounted equipment can encroach into the rear and interior side setbacks.
b.
For multi-family and nonresidential uses, wall-mounted mechanical equipment that protrudes more than 18 inches from the outer building wall must be screened from view by structural features that are compatible with the architecture of the subject building.
c.
Wall-mounted mechanical equipment that protrudes less than 18 inches must be designed to blend with the primary color and architectural design of the subject building.
4.
Equipment Exhaust.
No air conditioners or exhaust fans are permitted to discharge exhausted air unless set back from all lot lines ten feet or equipped with baffles to deflect the discharged air away from the adjacent use.
N.
Outdoor Dining
This section regulates outdoor dining that occurs on private property only. Outdoor dining on the right-of-way or on public property is regulated within the City Code.
1.
Outdoor dining must be established in conjunction with another principal use, such as an eating and drinking establishment.
2.
The maximum number of seats permitted for any outdoor dining cannot exceed 50% of the approved number of indoor seats.
3.
If parking is required, no outdoor dining may be located within required parking areas including access aisles.
4.
When outdoor dining areas, as measured from the perimeter of the outdoor dining area, are located within 50 feet of a residential district, outdoor dining may only operate between the hours of 8:00 a.m. and 12:00 a.m.
5.
No music may be played on the premises outdoors between 12 a.m. and 8:00 a.m.
6.
When a structure is required to be constructed at a build-to line, the structure may have up to 50% or 60 linear feet of the applicable facade, whichever is less, designated as outdoor dining, which may be setback up to 30 feet from the required build-to line.
PERMITTED OUTDOOR DINING BUILDING SETBACK  |
O.
Outdoor Sales and Display (Accessory).
1.
The regulations of this section apply only to outdoor sales and display located entirely on the lot and accessory to the principal use of the site. Outdoor sales and display located on the right-of-way is regulated separately by the City Code.
2.
Retail goods establishments and heavy sales, service, and rental establishments in the nonresidential districts are permitted to have accessory outdoor sales and display of merchandise. Such merchandise must be that customarily sold on the premises.
3.
All outdoor display of merchandise must be located adjacent to the storefront and not in drive aisles, loading zones, or fire lanes.
4.
No display may be placed within five feet of either side of an active door, or within 20 feet directly in front of an active door.
5.
A minimum clear width for pedestrian traffic of eight feet must be maintained along any private sidewalk within the lot.
P.
Outdoor Storage (Accessory).
1.
The regulations of this section apply only to outdoor storage located entirely on the lot and accessory to the principal use of the site. Outdoor storage as a principal use of the site is regulated in Article 8.
2.
The following uses are permitted outdoor storage: heavy sales, service, and rental; retail goods establishments that include the growing of plants in the open, vehicle dealerships; vehicle rental establishments; vehicle operation facility; vehicle repair/service; light industrial; and general industrial. The Zoning Officer can also render an interpretation that a use not listed in this paragraph would typically have outdoor storage and allow such use to include related outdoor storage on the site.
3.
No outdoor storage is permitted in any public right-of-way or located so that it obstructs pedestrian or vehicular traffic.
4.
Outdoor storage is prohibited in a required setback.
5.
Outdoor storage may be located in a parking lot so long as the minimum number of required parking spaces remain unobstructed.
Q.
Satellite Dish Antennas.
1.
General Requirements.
a.
Satellite dish antennas must be permanently installed on a building, in the ground, or on a foundation, and cannot be mounted on a portable or movable structure.
b.
Subject to operational requirements, the dish color must be of a neutral color, such as white or grey. No additional signs or advertising is permitted on the satellite dish itself, aside from the logos of the satellite dish service provider and/or dish manufacturer.
c.
Antennas no longer in use must be immediately removed.
d.
Every effort must be made to install satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way. Satellite dish antennas should not be located on the front facade or on the ground floor to the extent practicable.
2.
Additional Standards for Large Satellite Dish Antennas.
Large satellite dish antennas, which are greater than one meter (approximately 3.28 feet) in diameter, are subject to the general requirements above as well as the following requirements:
a.
Large satellite dish antenna are permitted only in the rear yard, and must be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than ten feet from any lot line.
b.
Roof-mounting is permitted only if the satellite dish antenna is entirely screened from public view along the right-of-way by an architectural feature.
c.
A large satellite dish antenna must be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes solid fences or walls or plant materials located to conceal the antenna and its support structure. Plants must be a minimum of five feet tall at the time of installation.
R.
Solar Panels.
1.
Solar panels may be building-mounted or freestanding, subject to the regulations of this section. When solar panels are to be installed in a historic district, approval of a restoration permit by the Landmarks Commission is required.
2.
Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.
3.
A building-mounted system may be mounted on the roof or wall of a principal building or accessory structure.
a.
On pitched roof buildings, the maximum height a roof-mounted solar panel may rise is 18 inches.
b.
On flat roofed buildings up to 40 feet in height, the roof-mounted solar panel system is limited to a maximum height of six feet above the surface of the roof. On flat roofed buildings over 40 feet in height, the roof-mounted solar panel system is limited to 15 feet above the height of such structure. Roof-mounted solar energy systems are excluded from the calculation of building height.
c.
Wall-mounted solar panels may project up to four feet from a building facade and must be integrated into the structure as an architectural feature. Wall-mounted panels cannot encroach more than three feet into a required setback.
4.
A freestanding solar energy system is permitted in all yards and must meet the following standards. A freestanding solar energy system may not be the only use on the lot.
a.
A freestanding solar energy system must be located ten feet from any lot line.
b.
The system is limited to a maximum of 20 feet in height, measured to the highest point of the structure including the solar panel.
c.
Freestanding solar panels are excluded from any building coverage and impervious surface coverage calculations.
SOLAR PANELS  |
S.
T.
Wind Turbines.
1.
Wind turbines may be designed as either vertical or horizontal axis turbines or as a design that combine elements of the different types of turbines. When wind turbines are to be installed in a historic district, approval of a restoration permit by the Landmarks Commission is required.
2.
Wind turbines are subject to the following height restrictions:
a.
The maximum height of any ground-mounted wind turbine is the maximum height allowed in the district or 35 feet, whichever is less.
b.
The maximum height of any wind turbine mounted upon a structure is 15 feet above the height of such structure.
c.
Maximum height is the total height of the turbine system as measured from the base of the tower to the top. For horizontal axis turbines, the maximum vertical height of the turbine blades is measured as the length of a prop at maximum vertical rotation.
d.
No portion of exposed turbine blades may be within 20 feet of the ground. Unexposed turbine blades may be within ten feet of the ground.
3.
Ground-mounted wind turbines are permitted only in the rear yard. The tower must be set back from all lot lines equal to the height of the system. No principal buildings may be located within this area.
4.
All wind turbines must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.
WIND TURBINES  |
§ 315-9.5 PERMITTED ENCROACHMENTS.
An encroachment is the extension or placement of an architectural feature or accessory structure into a required setback. Permitted encroachments are indicated in Table 9-2: Permitted Encroachments into Required Setbacks.
A.
This section contains regulations on additional accessory structures and architectural features, which may include additional permissions or restrictions on their permitted encroachment into required setbacks.
B.
When Table 9-2 allows an encroachment into a required setback, the encroachment must still be setback from a lot line as required by § 315-9.4.A for an accessory structure, unless the Table specifically permits a closer encroachment or requires a greater setback from a lot line.
C.
When an accessory structure or architectural feature regulated by Table 9-2 is allowed within a yard, it is also allowed within the required setback, subject to any applicable setbacks from lot lines. When an accessory structure or architectural feature regulated by Table 9-2 is prohibited from encroaching in a required setback, it may be allowed within the corresponding yard unless specifically prohibited by the Table.
D.
A building permit may be required for the construction of an accessory structure per City Code Chapter 42. When a building permit is not required, a zoning permit per § 315-13.12 may be required.
Table 9-2: Permitted Encroachments Into Required Setbacks Y = Permitted // N = Prohibited Max. = Maximum // Min. = Minimum | ||||
|---|---|---|---|---|
Front Setback | Corner Side Setback | Interior Side Setback | Rear Setback | |
Accessibility Ramp | Y | Y | Y | Y |
Air Conditioner Window Unit | Y | Y | Y | Y |
Arbor | Y | Y | Y | Y |
Awning (Non-Sign) Max. of 4' from building wall | Y | Y | Y | Y |
Balcony Max. of 3' into setback Min. vertical clearance of 8' | N | N | Y | Y |
Basement Stairway Max. of 6" into setback | N | N | Y | Y |
Bay Window Max. of 3' into setback Min. of 3' from lot line Min. vertical clearance of 24" | Y | Y | Y | Y |
Canopy (Non-Sign) Max. of 5' into setback Max. 15' width or no more than 3' extension on either doorway side, whichever is less | Y | Y | Y | Y |
Chimney Max. of 24" into setback | Y | Y | Y | Y |
Compost Pile Min. 10' from a lot line Prohibited in front yard | N | N | Y | Y |
Decks Max. height of first finished floor A deck may extend directly from the rear wall to a min. 3' from a rear lot line Min. 3' from a rear lot line | N | Y | Y | Y |
Eaves and Cornices Max. of 3' into setback Min. 3' from a lot line | Y | Y | Y | Y |
Escape Well Max. of 4' into setback Min. of 3' from a lot line | N | Y | Y | Y |
Exterior Stairwell Max. of 5' into setback Prohibited in front yard | N | N | N | Y |
Fire Escape Max. of 5' into setback | N | N | Y | Y |
Gazebo or Pergola Prohibited in front yard | N | N | Y | Y |
Greenhouse Prohibited in front and corner side yard | N | N | Y | Y |
Patio | Y | Y | Y | Y |
Personal Recreation Game Court Min. 10' from a lot line Prohibited in front or corner side yard | N | N | N | Y |
Playground Equipment Prohibited in front and corner side yard (This does not apply to backstops & portable basketball nets, which are allowed in any yard) | N | N | N | Y |
Porch - Unenclosed Max. of 8' into setback (Enclosed porches are considered part of the principal structure) | Y | Y | Y | Y |
Shed Prohibited in front yard | N | N | Y | Y |
Sidewalk No min. setback from lot lines | Y | Y | Y | Y |
Sills and belt courses Max. of 6" into setback | Y | Y | Y | Y |
Stoop Max. of 4' into setback | Y | Y | Y | Y |
§ 315-9.6 PERFORMANCE STANDARDS.
A.
Glare.
No use may produce a strong, dazzling light or reflection of a strong, dazzling light, or glare beyond its lot lines. Exterior lighting must be shielded, buffered, and directed so that glare, direct light, or reflection will not become a nuisance to abutting properties, abutting units, abutting districts, or abutting streets.
B.
Heat.
No use may produce heat perceptible beyond its lot lines. Further, no use is permitted which could cause the temperature to rise or fall in any body of water, except that this provision does not apply to any sewerage treatment plant which has received approval by the New Jersey Department of Environmental Protection.
C.
Noise.
No use may 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.
D.
Odor.
Odors must not be discernible at the lot line or beyond.
E.
Storage and Waste Disposal.
No provision may 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 must 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.
F.
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 City Fire Code.
G.
Emissions.
All fuel-generated industries must comply with the New Jersey Department of Environmental Protection standards for emissions, and specifically with the standards of the Clean Air Act.
H.
Vibration.
There must be no vibration which is discernible to the human sense of feeling beyond the immediate lot.
I.
Drainage.
No stormwater or natural drainage which originated on the property, or water generated by an activity, such as air conditioners or swimming pools, may be diverted across property lines, unless transported in an approved or existing drainage system.