Upper Saddle River City Zoning Code
ARTICLE III
Use Regulations
§ 150-10 R-1 and R-2 Residence Districts.
A.
In the R-1 and R-2 Residence Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(2)
Public parks, playgrounds and athletic fields, in each case owned or operated by the Borough.
(3)
Public school, public library, public museum, public art gallery, public swimming facility, firehouse, municipal building and other similar community facilities, in each case owned or operated by the Board of Education or the Borough.
(4)
Parish houses, parsonages and rectories.
(5)
Accessory buildings and uses customarily incidental to residence use, provided that the accessory use does not include any activity commonly conducted for gain except as set forth in this subsection.
B.
The following uses are permitted as conditional uses upon the approval of the Planning Board, subject to the general objectives set forth for review of site plans in Chapter 126, Subdivision and Site Plan Review, and to any specific requirements set forth below:
[Amended 12-28-1976; 5-8-1986 by Ord. No. 8-86]
(1)
Churches or similar places of worship and church school buildings for religious training; private elementary or secondary schools, subject to the following requirements:
(2)
Public utility structures upon a showing that the use is essential to serve areas within the Borough and that it cannot be located in any other district, and subject to such conditions as the Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
§ 150-10.1 AH-1 Affordable Housing 1 District.
[Added 10-1-1992 by Ord. No. 10-92]
A.
Purpose. The purpose of this district is to establish an affordable housing zone to permit the construction of multifamily residential development at maximum densities as hereinafter specified, conditioned upon the provision expressed in the court's decision dated August 7, 1992. Specifically, the site may be developed for 42 market units with a transfer of nine affordable units to a receiving municipality via a regional contribution agreement; or 52 units may be constructed with a set aside of 20% or 10 units for low- and moderate-income households.
B. ACTIVE RECREATION AREA BEDROOM BUILDING COVERAGE CARTWAY COMMON OPEN SPACE CONDOMINIUM DRIVEWAY GROSS DEVELOPMENT SITE AREA MINIMUM HABITABLE FLOOR AREA MULTIPLE-FAMILY DEVELOPMENT PARKING STALL ROADWAY TOTAL SITE COVERAGE TOWNHOME TOWNHOUSE
Definitions. For the purpose of interpretation and implementation of this chapter, the following words and terms shall have the definitions provided. All other words and terms in this section shall have the definitions as provided herein:
A parcel of land dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that said areas may be improved with building, structures and facilities incidental to the recreation use.
A room for sleeping. Each townhome unit shall have at least one bedroom with a minimum area of 150 square feet, and the other bedroom(s) shall contain a minimum area of 120 square feet.
The percentage of gross development site area that is occupied by a building's footprint or structure, including all roof areas.
That portion of a roadway paved to municipal standards.
An area of unimproved land within the site designated for development; provided, however, that recreational facilities with attendant buildings, structures and facilities may be situated therein, as well as common building areas.
The individual ownership of a unit in a multifamily structure.
The limited vehicular access road serving a cluster of buildings and/or parking areas in the zone.
The total gross acreage of a development within existing streets and/or property lines prior to development or subdivision, including streets, easements and common open space portions of the development.
The finished and heated areas of a dwelling unit that are fully enclosed by the inside surfaces of walls, windows excluding cellar, basements, attics, porches, garages, terraces, carports, heating rooms and any unheated area. The ceiling height of 75% of the area must be at least seven feet six inches.
An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate accessory or public or quasipublic uses, all primarily for the benefit of the residential development.
An accommodation of the off-street parking of a motor vehicle of not less than 180 square feet per vehicle exclusive of access drives or aisles and shall be a minimum of nine feet in width measured perpendicular to the axis of the length with adequate provision for ingress and egress, except as further provided herein.
The common arterial vehicular access road serving a cluster of buildings and/or parking areas in the zone.
The percentage of gross development site area occupied by structures and all uncovered impervious surfaces such as parking spaces, driveways and walkways.
A building containing two or more dwelling units, each dwelling unit separated by vertical party walls and horizontal party floors and ceilings, separate and apart, each of which shall have separate direct or dual access to an external entrance; constructed in conformity with an approved subdivision and site development plan.
One of a series of single-family dwelling units attached by a common vertical party wall between it and the adjacent unit or units together with individual front and rear entrances and yards designed as an integral part of each unit and having been constructed in conformity with an approved subdivision and site development plan.
[Amended 1-25-1993 by Ord. No. 14-92]
D.
Accessory uses. Accessory uses shall be as follows:
(1)
Any use which is subordinate but related and customarily incidental to the principal permitted uses.
(2)
Signs as otherwise regulated in the Borough ordinances.
(3)
Noncommercial swimming pools, tennis courts and other outdoor recreation facilities.
(4)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers and boats.
§ 150-10.2 AH-2 Affordable Housing 2 District.
[Added 10-1-1992 by Ord. No. 10-92]
A.
Purpose. The purpose of this district is to establish an affordable housing district that permits the construction of multifamily residential development at maximum densities as hereinafter specified, conditioned upon the provision of a twenty-percent set aside requirement for low- and moderate-income housing units. The Mount Laurel obligation attached to each site within this district may be met, on a site-by-site basis, through means other than on-site set aside. However, any Mount Laurel implementation technique other than the standard set aside shall be at the discretion of the Mayor and Council, subject to the approval of the court-appointed Master.
[Amended 1-25-1993 by Ord. No. 14-92]
B.
Definitions. Definitions as provided in the AH-1 District shall apply, along with the definition of "multifamily dwelling" as set forth in § 150-3.
[Amended 2-5-2015 by Ord. No. 1-15]
D.
Accessory uses. Accessory uses shall be as follows:
(1)
Any use which is subordinate but related and customarily incidental to the principal permitted uses.
(2)
Signs as otherwise regulated in the Borough ordinances.
(3)
Noncommercial swimming pools, tennis courts and other outdoor recreation facilities.
(4)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers and boats.
§ 150-10.3 AH-3 Affordable Housing 3 District.
[Added 10-1-1992 by Ord. No. 10-92]
A.
Purpose. The purpose of this district is to establish an affordable housing district that permits the construction of multifamily residential development at maximum densities as hereinafter specified, conditioned upon the provision that the entire project consist of low- and moderate-income housing units.
[Amended 1-25-1993 by Ord. No. 14-92]
D.
Accessory uses. Accessory uses shall be as follows:
(1)
Any use which is subordinate but related and customarily incidental to the principal permitted uses.
(2)
Signs as otherwise regulated in the Borough ordinances.
(3)
Noncommercial swimming pools, tennis courts and other outdoor recreational facilities.
(4)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers and boats.
§ 150-10.4 AH-4 Affordable Housing 4 District.
[Added 10-1-1992 by Ord. No. 10-92]
A.
Purpose. The purpose of this district is to establish an affordable housing district that permits the construction of multifamily residential development at maximum densities as hereinafter specified, conditioned upon the provision of a twenty-percent set aside requirement for low- and moderate-income housing units. The Mount Laurel obligation attached to each site within this district may be met, on a site-by-site basis, through means other than on-site set aside. However, any Mount Laurel implementation technique other than the standard set aside shall be at the discretion of the Mayor and Council, subject to the approval of the court-appointed Master.
[Amended 1-25-1993 by Ord. No. 14-92]
D.
Accessory uses. Accessory uses shall be as follows:
(1)
Any use which is subordinate but related and customarily incidental to the principal permitted uses.
(2)
Signs as otherwise regulated in the Borough ordinances.
(3)
Noncommercial swimming pools, tennis courts and other outdoor recreation facilities.
(4)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers and boats.
§ 150-10.5 SR Scarce Resource District.
[Added 1-25-1993 by Ord. No. 14-92]
A.
Purpose. The purpose of the Scarce Resource District is to provide an overlay district to ensure that, if specific sites, which are presently developed, become available for redevelopment within the court-specified period of repose, the land resource which they represent will not be lost to affordable housing. The Mount Laurel obligation attached to each site within this district may be met, on a site-by-site basis, through means other than on-site set aside as determined by the Mayor and Council. However, any Mount Laurel obligation technique other than the standard set aside shall be at the discretion of the Mayor and Council, subject to the approval of the court-appointed Master.
C.
Permitted uses. Permitted uses shall be as follows:
(1)
All uses presently permitted in the district in which the scarce resource site is located.
E.
Accessory uses. Accessory uses shall be as follows:
(1)
Any use which is subordinate but related and customarily incidental to the principal permitted uses.
(2)
Signs as otherwise regulated in the Borough ordinances.
(3)
Noncommercial swimming pools, tennis courts and other outdoor recreation facilities.
(4)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers and boats.
F.
The Scarce Resource District shall be regulated by the following criteria:
(1)
Density, for purposes of determining the Mount Laurel obligation, shall be established as part of an overall development plan but shall not be less than six units per acre and shall be subject to the court-appointed Master's review and the Borough's review.
(2)
All setbacks, buffer, impervious surface coverage, open space and landscaping requirements, as well as unit type, building length, building height, building separation and number of units per building, shall be determined at the time of submission of a conceptual development plan.
(3)
All requirements of § 150-19.1, entitled "AH-1, AH-2, AH-3, AH-4 and AH-2A (multifamily portion only) Affordable Housing Districts," shall be applicable to this district.
(4)
All requirements of §§ 150-29A and 150-29G(5) shall be applicable to this district.
§ 150-10.6 Affordable Housing 2A Overlay District.
[Added 7-10-1996 by Ord. No. 18-96]
A.
Purpose. The purpose of this district is to encourage the production of low and moderate income housing in conformance with the latest procedural and substantive rules of the New Jersey Council on Affordable Housing and as part of a comprehensive plan by permitting office, research and development or commercial recreation uses on the westerly site (Lots 1 and 2 in Block 1017) and a townhome use on the easterly site (Lot 1 in Block 1002) as alternate forms of development to that permitted under the AH-2 Affordable Housing 2 District regulations. The low and moderate income housing units are required to be rental units in the AH-2A Zone. It is not the intent of this district to alter the standards of the AH-2 Zone except with respect to the deletion of the requirement that every dwelling unit have two means of ingress and egress.
B.
Definitions. The definitions as provided in the AH-1 District shall apply.
C.
Principal permitted uses. Principal permitted uses shall be as follows:
(1)
On Lot 1 in Block 1002, market rate (non-Mt. Laurel) townhomes, low and moderate income (Mt. Laurel) townhomes on a rental only basis, and detached one-family dwellings.
(2)
On Lots 1 and 2 in Block 1017, business, professional and banking offices, research, design and development laboratories, or motion-picture theaters as part of a comprehensive development with Lot 1 in Block 1002.
(3)
Utilities and essential services.
D.
Accessory uses. Accessory uses shall be as follows:
(1)
Any use which is subordinate but related and customarily incidental to the principal permitted uses.
(2)
Signs as otherwise regulated in the Borough ordinances.
(3)
In conjunction with residential development, noncommercial swimming pools, tennis courts and other outdoor recreation facilities, private garages, off-street parking for private vehicles (excluding recreational vehicles, trailers and boats) and indoor and outdoor recreational facilities as required by § 150-19.1.
E.
Timing of development. Within the AH-2A District no nonresidential building shall be occupied nor shall a certificate of occupancy be issued for such a building until at least 39 low and moderate income dwelling units in the AH-2A District shall have received certificates of occupancy or, at the discretion of the Upper Saddle River Mayor and Council, adequate guarantees shall have been posted with the Borough in form and content to assure the completion of the low and moderate income dwelling units, such guarantees to be subject to approval by the Mayor and Council and the court-appointed master.
§ 150-10.7 AH-5 Affordable Housing 5 District.
[Added 8-4-2016 by Ord. No. 7-16]
A.
Purpose. The purpose of this district is to encourage the production of low- and moderate-income housing in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting inclusionary townhouse development and municipal uses subject to the AH-5 regulations. This section is created in fulfillment of a settlement agreement by and between the Borough of Upper Saddle River, New Jersey and Mack-Cali Realty, L.P.
B.
Principal permitted uses.
(1)
Townhouses.
(2)
Low- and moderate-income units within townhouse buildings, which may be designed as one-over-one apartment flats within a townhouse configuration.
(3)
Municipal uses, including such uses as municipal buildings, library, and recreation uses but specifically not to include a recycling center, composting facility, cell tower, police station, ambulance building or public works garage.
C.
Accessory uses.
(1)
Any use which is ordinarily subordinate and customarily incidental to the principal permitted uses allowed in the AH-5 Zone, including but not limited to patios, decks, swimming pools and tennis courts.
(2)
Signs, as otherwise regulated in the Borough ordinances.
(3)
In conjunction with residential development, noncommercial swimming pools, tennis courts and other outdoor recreation facilities, off-street parking for private vehicles (excluding recreational vehicles, trailers and boats) and indoor and outdoor recreational facilities.
§ 150-10.8 R-1A Residence District.
[Added 8-4-2016 by Ord. No. 7-16]
A.
Principal permitted uses. All uses allowed in and pursuant to § 150-10.1, provided that the following uses are specifically prohibited: wireless communication towers and antennas, recycling centers, composting facilities, police stations, ambulance buildings, or public works garages; and as regulated by § 150-15, provided that the area and bulk standards of the R-2 Zone as set forth in § 150-15 shall apply.
§ 150-10.9 OL-1 Overlay 1 Zone.
[Added 12-3-2020 by Ord. No. 11-20]
A.
Purpose. The purpose of the OL-1 Overlay 1 Zone is to create a realistic opportunity for the construction of low- and moderate-income multifamily housing at maximum densities as hereinafter specified, in a suitable location of the Borough of Upper Saddle River. This Overlay 1 Zone has been created to address a portion of the Borough's fair share affordable housing obligation in accordance with the Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, settlement agreement entered into between the Borough and Fair Share Housing Center on January 23, 2020, the Borough's Housing Element and Fair Share Plan, and any applicable order of the court, including a judgment of compliance and repose order. Developers shall have the option of developing in accordance with the underlying zone standards.
B.
Principal permitted uses. The following principal uses shall be permitted in the OL-1 Overlay 1 Zone:
(1)
Inclusionary multifamily development.
C.
Accessory uses. The following accessory uses shall be permitted in the OL-1 Overlay 1 Zone:
(1)
Private indoor recreation and community rooms and facilities to be used exclusively by the residents of the development.
(2)
Leasing/management office to be used exclusively for the residential component of the development.
(3)
Roof-mounted solar panels and equipment. Ground-mounted solar panels shall be prohibited.
(4)
Green roofs.
(5)
Rooftop amenities to be used exclusively by the residents of the development.
(6)
Electric vehicle (EV) charging equipment.
(7)
Signs as otherwise regulated in the Borough ordinances.
(8)
Fences and walls as otherwise regulated in the Borough ordinances.
(9)
Trash and recycling facilities as otherwise regulated in the Borough ordinances.
(10)
Noncommercial swimming pools and associated equipment to be used exclusively by the residents of the development.
(11)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers, boats and commercial vehicles.
(12)
Accessory uses customarily incidental and subordinate to multifamily development.
§ 150-10.10 OL-2 Overlay 2 Zone.
[Added 12-3-2020 by Ord. No. 12-20]
A.
Purpose. The purpose of the OL-2 Overlay 2 Zone is to create a realistic opportunity for the construction of low- and moderate-income multifamily housing at maximum densities as hereinafter specified, in a suitable location of the Borough of Upper Saddle River. This Overlay 2 Zone has been created to address a portion of the Borough's fair share affordable housing obligation in accordance with the Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, settlement agreement entered into between the Borough and Fair Share Housing Center on January 23, 2020, the Borough's Housing Element and Fair Share Plan, and any applicable order of the court, including a judgment of compliance and repose order. Developers shall have the option of developing in accordance with the underlying zone standards.
B.
Principal permitted uses. The following principal uses shall be permitted in the OL-2 Overlay 2 Zone:
(1)
Inclusionary townhouse and multifamily development.
C.
Accessory uses. The following accessory uses shall be permitted in the OL-2 Overlay 2 Zone:
(1)
Private indoor recreation and community rooms and facilities to be used exclusively by the residents of the development.
(2)
Leasing/management office to be used exclusively for the residential component of the development.
(3)
Roof-mounted solar panels and equipment. Ground-mounted solar panels shall be prohibited.
(4)
Green roofs.
(5)
Rooftop amenities to be used exclusively by the residents of the development.
(6)
Electric vehicle (EV) charging equipment.
(7)
Signs as otherwise regulated in the Borough ordinances.
(8)
Fences and walls as otherwise regulated in the Borough ordinances.
(9)
Trash and recycling facilities as otherwise regulated in the Borough ordinances.
(10)
Noncommercial swimming pools and associated equipment to be used exclusively by the residents of the development.
(11)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers, boats and commercial vehicles.
(12)
Accessory uses customarily incidental and subordinate to multifamily development.
§ 150-10.11 OL-3 Overlay 3 Zone.
[Added 12-3-2020 by Ord. No. 13-20]
A.
Purpose. The purpose of the OL-3 Overlay 3 Zone is to create a realistic opportunity for the construction of low- and moderate-income multifamily housing at maximum densities as hereinafter specified, in a suitable location of the Borough of Upper Saddle River. This Overlay 3 Zone has been created to address a portion of the Borough's fair share affordable housing obligation in accordance with the Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, settlement agreement entered into between the Borough and Fair Share Housing Center on January 23, 2020, the Borough's Housing Element and Fair Share Plan, and any applicable order of the court, including a judgment of compliance and repose order. Developers shall have the option of developing in accordance with the underlying zone standards.
B.
Principal permitted uses. The following principal uses shall be permitted in the OL-3 Overlay 3 Zone:
(1)
Inclusionary townhouse and multifamily development.
C.
Accessory uses. The following accessory uses shall be permitted in the OL-3 Overlay 3 Zone:
(1)
Private indoor recreation and community rooms and facilities to be used exclusively by the residents of the development.
(2)
Leasing/management office to be used exclusively for the residential component of the development.
(3)
Roof-mounted solar panels and equipment. Ground-mounted solar panels shall be prohibited.
(4)
Green roofs.
(5)
Rooftop amenities to be used exclusively by the residents of the development.
(6)
Electric vehicle (EV) charging equipment.
(7)
Signs as otherwise regulated in the Borough ordinances.
(8)
Fences and walls as otherwise regulated in the Borough ordinances.
(9)
Trash and recycling facilities as otherwise regulated in the Borough ordinances.
(10)
Noncommercial swimming pools and associated equipment to be used exclusively by the residents of the development.
(11)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers, boats and commercial vehicles.
(12)
Accessory uses customarily incidental and subordinate to multifamily development.
§ 150-10.12 OL-4 Overlay 4 Zone.
[Added 12-3-2020 by Ord. No. 14-20]
A.
Purpose. The purpose of the OL-4 Overlay 4 Zone is to create a realistic opportunity for the construction of low- and moderate-income multifamily housing at maximum densities as hereinafter specified, in a suitable location of the Borough of Upper Saddle River. This Overlay 4 Zone has been created to address a portion of the Borough's fair share affordable housing obligation in accordance with the Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, settlement agreement entered into between the Borough and Fair Share Housing Center on January 23, 2020, the Borough's Housing Element and Fair Share Plan, and any applicable order of the court, including a judgment of compliance and repose order. Developers shall have the option of developing in accordance with the underlying zone standards.
B.
Principal permitted uses. The following principal uses shall be permitted in the OL-4 Overlay 4 Zone:
(1)
Inclusionary multifamily development.
C.
Accessory uses. The following accessory uses shall be permitted in the OL-4 Overlay 4 Zone:
(1)
Private indoor recreation and community rooms and facilities to be used exclusively by the residents of the development.
(2)
Leasing/management office to be used exclusively for the residential component of the development.
(3)
Roof-mounted solar panels and equipment. Ground-mounted solar panels shall be prohibited.
(4)
Green roofs.
(5)
Rooftop amenities to be used exclusively by the residents of the development.
(6)
Electric vehicle (EV) charging equipment.
(7)
Signs as otherwise regulated in the Borough ordinances.
(8)
Fences and walls as otherwise regulated in the Borough ordinances.
(9)
Trash and recycling facilities as otherwise regulated in the Borough ordinances.
(10)
Noncommercial swimming pools and associated equipment to be used exclusively by the residents of the development.
(11)
Private garages and off-street parking for private vehicles, excluding recreational vehicles, trailers, boats and commercial vehicles.
(12)
Accessory uses customarily incidental and subordinate to multifamily development.
§ 150-11 H-1R Highway Retail and Commercial District.
[Added 7-12-1984]
A.
Uses permitted. In the Highway Retail and Commercial District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(1)
Retail stores, such as but not limited to drugstores, food stores, luncheonettes, variety stores or combinations thereof.
(2)
Personal service stores, such as but not limited to barbershops, beauty parlors and tailors.
(3)
Service establishments furnishing services other than of a personal nature, such as but not limited to computer software, printing and interior decorators.
(4)
Motor vehicle service stations.
(5)
Business, professional and banking offices, including drive-in facilities for banks.
(6)
Restaurants, bowling alleys, skating rinks, completely enclosed theaters and hotels.
(7)
Building or construction supply businesses, provided that all material is stored in a completely enclosed building.
(8)
Research, design and development laboratories.
(9)
Light manufacturing, assembling, fabricating or processing operations and for warehousing associated with the same, provided that all material is stored in a completely enclosed building.
(11)
Franchise car dealerships pertaining to the sale of new automobiles. In connection with this use, the resale of used automobiles may be permitted as an accessory use, provided that such use shall be subordinate to and encompass less floor and land area than the areas devoted to the sale of new automobiles.
[Added 4-4-2013 by Ord. No. 2-13]
B.
Uses prohibited.
(1)
Residences and all other uses not listed in Subsection A are prohibited. None of the foregoing uses shall be interpreted to include, and such uses are hereby defined to exclude, drive-in restaurants or refreshment stands, commonly called "snack bars," "dairy bars," "hamburger stands" or "hot dog stands," where customers and patrons are served food, soft drinks, ice cream or other food products for their immediate consumption outside the confines of the building or structure in which the business is conducted.
(2)
No product shall be sold, no service shall be rendered and no goods, wares or merchandise shall be stored or displayed other than in or from a completely enclosed building of a permanent nature. This shall be construed to prohibit, among other things, the use of tents, motor vehicles or trailers, whether licensed or unlicensed, for any of the aforesaid purposes.
C.
Site plan approval. Site plan approval in accordance with Chapter 126 shall be required for all uses in the Highway Retail and Commercial District.
D.
Accessory uses. Automatic amusement devices shall be permitted as an accessory use subordinate to a principal use that is permitted under Subsection A of this section. As used herein, the term "automatic amusement devices" shall have the meaning as set forth in § 76-49 of the Borough Code. The following requirements shall govern the placement and location of automatic amusement devices:
[Added 10-11-1995 by Ord. No. 17-95]
(1)
No more than 20% of the total usable floor area of a building may be utilized for the placement of automatic amusement devices.
(2)
In connection with the utilization of a maximum of 20% of the usable floor space of a building, there shall be allowed one machine for each 100 square feet of floor area within the maximum area of 20% of the total building area.
(3)
A three-foot aisle shall be maintained between the exterior side of the machines and a five-foot aisle between rows of machines.
(4)
No machine shall be placed within 10 feet of the entranceway or exit of the premises.
(5)
Prior to the issuance of a certificate of occupancy for such use, the applicant shall be required to submit a plan for review and approval by the Planning Board evidencing compliance with the conditions set forth in this subsection. In addition, an applicant shall be required to obtain approval from the Fire and Police Departments in connection with the location, placement and utilization of the machines.
E.
Billboards as a conditional use. Billboards shall be permitted as a conditional use in the H-1R Highway Retail and Commercial District subject to the following requirements:
[Added 2-5-2004 by Ord. No. 3-04]
(1)
The minimum lot area of the parcel proposed for the placement of a billboard shall be two acres.
(2)
The parcel shall have direct frontage on New Jersey State Highway Route 17.
(3)
The minimum setback of the billboard from any property line or right-of-way line shall be a distance equal to the proposed height of the billboard.
(4)
The maximum sign face of a billboard shall be 500 square feet.
(5)
The base and support structure of the billboard shall be of a color that is compatible with the immediate area so as to make the structure as unobtrusive as possible.
(6)
Lighting for the billboard shall be designed to minimize impacts to the surrounding area.
(7)
The maximum permitted height of a billboard shall be 50 feet.
(8)
There shall be no more than one billboard on a parcel, provided, however, that the billboard may be double-faced.
(9)
Billboards containing digital signs and electronic and flashing devices and light-emitting-diode (LED) signs shall be prohibited.
[Added 5-13-2009 by Ord. No. 1-09]
F.
Additional requirements for billboard applications:
[Added 2-5-2004 by Ord. No. 3-04]
(1)
Site plan review shall be required for all billboard applications. In addition to the required site plan checklist items, the applicant shall provide visual representations to the Board, demonstrating the visual impacts of the proposed billboard. These may be in the form of sealed diagrams or computer-generated simulations of the billboard as proposed. These materials shall illustrate sight lines and views of the proposed billboard from all adjoining properties, from properties fronting on the opposite side of the highway and from points north and south of the site on Route 17.
(2)
Effort shall be made to limit the visual impacts on any adjoining property and the highway corridor, particularly impacts to property either zoned for a residential use or developed with a residential use. Efforts to enhance aesthetics may consist of compatible color treatments for the billboard support structure, landscaping around the base of the support structure, lighting and other site enhancements as deemed necessary by the Board.
§ 150-12 H-1 Highway Commercial District.
[Amended 2-8-1973; 12-28-1976; 7-12-1984]
A.
Uses permitted. In the H-1 Highway Commercial District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
B.
Uses prohibited.
(2)
No goods, wares or merchandise shall be stored other than in or from a completely enclosed building of a permanent nature. This shall be construed to prohibit, among other things, the use of tents, motor vehicles or trailers, whether licensed or unlicensed, for any of the aforesaid purposes.
§ 150-13 IP Industrial Park District.
A.
Uses permitted. In the Industrial Park District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
[Amended 8-8-1985]