Wallington City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 365-32 Accessory buildings.
A.
Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not proceed or coincide with the construction of the accessory building, the Construction Official shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C.
Height and area of accessory building.
(1)
Accessory buildings shall not exceed one story or 15 feet in height and may not occupy more than 25% of the yard in which located or a maximum of 900 square feet, whichever is smaller.
(2)
Exception. Swimming pools may occupy up to 65% coverage of the yard.
D.
Location. A detached accessory building shall comply with all street and yard requirements. Such accessory building shall be permitted to have a minimum rear yard setback of three feet and a minimum side yard setback of three feet in the R-1 and R-2 Zones. In the R-3, R-4, CB, B, LI-C, LI and I Zones, the minimum rear yard setback shall be 15 feet and the minimum side yard setback shall be 10 feet.
[Amended 2-28-2013 by Ord. No. 2013-04]
E.
Second dwelling prohibited. In no case shall there be permitted more than one residential structure on a lot.
§ 365-33 Appearance of residential buildings.
A.
Purposes. The purposes for regulating the exterior appearance of residential buildings shall be to:
(1)
Reduce the adverse effect which uniformity in the exterior design and appearance of dwellings in the same neighborhood would have on the desirability of the immediate and neighboring areas for existing and future residential and business purposes.
(2)
Enhance the value of both improved and unimproved real property in such areas and lessen the deterioration of conditions affecting the health, safety and morals of the inhabitants thereof and the community at large.
(3)
Prevent the loss of tax revenue and the destruction of a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor.
B.
Residential standards. The following standards shall apply to residential buildings:
(1)
Except as provided in this chapter, not more than one building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighborhood dwelling situated on the same side of the street within 200 feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
(2)
Houses within a specified distance from each other shall be considered uniform in exterior design and appearance if:
(a)
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
(b)
The same basic dimensions and floor plans are used without substantial change in orientation of the houses.
(c)
The height and design of the roofs are without substantial change in design and appearance.
(d)
The size and type of windows and doors in the front elevation are without substantial differentiation.
(e)
Materials used on front exteriors are not substantially different.
(3)
In addition to the requirements specified in Subsection B(2), there shall not be fewer than two separate basic house designs in every housing development consisting of six or fewer houses; not fewer than three basic house designs in every housing development consisting of seven to 15 houses; not fewer than five basic house designs in every housing development consisting of 16 to 40 houses; and not fewer than six basic house designs in every development consisting of 40 or more houses.
(4)
To ensure conformity with the provisions of this chapter, no building permit shall hereafter be issued for more than one dwelling in any housing development until the builder shall post or cause to be posted on each specific lot on the subdivision map filed with the Construction Official the type and model of each house for which a building permit has been or is being issued.
(5)
To further ensure conformity with the provisions of this chapter in respect to new subdivisions for the purpose of a housing development, the Planning Board shall require an affidavit, approved as to form by the Borough Attorney, that the subdivision will be developed as a whole so that the intent and purpose of the chapter is satisfied. The Construction Official is also hereby authorized to require a similar affidavit before issuing more than one building permit in any housing development or part thereof in any subdivision heretofore approved by the Planning Board prior to the date of adoption of this chapter or on any land area not required to be subdivided.
§ 365-34 Exterior identification of buildings.
All principal buildings in all districts shall be clearly identified as to street number or other identification, such as post office box number, by means of a small unobstructed sign clearly visible and legible from the main abutting street.
§ 365-35 Effect on pending building permits.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the date of adoption of this chapter, provided that construction from such plans shall have been started within 60 days after the date of adoption of this chapter and shall diligently be pursued to completion.
§ 365-36 Effect on existing uses.
Except as specified in § 365-38, any use, building or structure legally existing on the date of adoption of this chapter may be continued, even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
§ 365-37 Fences and walls.
[Amended 12-28-1995 by Ord. No. 95-19]
A.
Fences and walls are permitted as follows:
(1)
Retaining walls.
(2)
Solid fences and walls, not more than four feet high, within 25 feet from the front property line.
(3)
Fences more than 25 feet from the front property line not more than six feet high.
B.
Corner lots. Within the triangle formed by the street lines bounding a corner lot and a line drawn between points on such lines at the distance of 25 feet from their intersection, there shall be no fence, wall or vegetation higher than 30 inches nor any other obstruction to vision other than one post column or one tree not exceeding in cross section one square foot or one foot in diameter between a height of three feet and a height of 10 feet above the established grade of either street.
C.
The height of a fence or wall shall be measured from the highest ground level of the property within three feet adjacent to the proposed or existing fence or wall.
D.
Any fence, wood, stockade, chain-link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence.
§ 365-38 Nonconforming lots, structures and uses.
Except as otherwise provided in this section, the lawful use of land, buildings or structures legally existing on the date of adoption of this chapter may be continued although such use does not conform to the regulations specified by this chapter for the zone in which the land, buildings or structures are located, provided that no legally existing building, structure or lot devoted to a use not permitted by this chapter in the district in which the land, buildings or structures are located shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or structurally altered except in conformity with the regulations of this chapter for the district in which the land, buildings or structures are located, except as allowed in Article X, Exceptions to Requirements. Also, land on which a nonconforming building is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
A.
Abandonment. A nonconforming use as defined above shall be considered abandoned if the nonconforming use is terminated by the owner or tenant or, if the owner or tenant shall fail to use the property for a period of 12 consecutive months, this shall be presumptive evidence of abandonment, and thereafter the building, structure or land shall not be used in a nonconforming manner.
B.
Conversion to permitted use. Any nonconforming building or use which has been changed to a conforming building or use shall not be changed back again into a nonconforming building or use.
C.
Restoration. Any nonconforming building or use which has been damaged by fire, explosion, flood, windstorm or other acts of God shall be examined by the Construction Official to determine whether the building has been substantially destroyed. If in the opinion of the Construction Official the building has been substantially destroyed, the building or use shall be considered completely destroyed and may be rebuilt only upon approval of a use variance or such other variance as is provided by state statutes and this chapter.
D.
Repairs and maintenance. Such repairs and maintenance work as are required to keep a building in sound condition may be made to a nonconforming building or structure.
E.
Sale of nonconforming use. Any nonconforming use may change ownership and continue to function as a nonconforming use, provided that the other provisions of this section are met.
§ 365-39 Off-street parking.
[Amended 9-27-2001 by Ord. No. 2001-18]
Off-street parking space will be provided for each building erected or enlarged in accordance with this section and in accordance with § 330-39 of this Code. The parking area will be on the same or nearby premises, but the parking area shall not be distant more than 200 feet in the case of a business or multifamily dwelling use and 400 feet in the case of an industrial use, provided that the nearby space is under the control of the owner or operator of the use to which such space is appurtenant.
A.
For each newly constructed dwelling unit on any one-family and two-family residential lot, there shall be provided two parking spaces per unit, directly accessible to the street, including garaging of one passenger vehicle per unit.
B.
On-site parking of more than two vehicles juxtaposed to one another between the building and the front lot line is hereby prohibited. Parking surfaces for vehicles shall be limited to paved and/or other kinds of stone surfaces, which such surfaces combined shall not exceed 30% of the total square footage of the required front yard. This subsection is intended to apply to all one- and two-family residential dwelling units.
C.
No parking shall be allowed on the side of any dwelling in a R-1 or R-2 District other than as provided herein.
D.
The required number of off-street parking spaces for all other uses is as set forth in § 330-39 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 365-40 Paving.
A.
In all R-1, R-2 and R-4 Zones, paving and approved parking areas shall not exceed a width requirement of 30% of the lot width, and in no case shall a motor vehicle be parked within five feet of the street line.
B.
Paving in the R-3 Zone and in all nonresidential zones shall be as approved by the appropriate board exercising site plan review.
§ 365-41 Signs.
A.
Outdoor signs.
[Amended 4-11-2024 by Ord. No. 2024-008]
(1)
No billboards shall be erected. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs and places of business. No signs of any type shall be permitted to flash or revolve.
(2)
The use and display, outside a permanent structure, of banners, buntings, streamers, pennons, flags, pennants, spinners or similar objects is prohibited in all zones except:
(a)
The American flag either artificially illuminated at night or, if not so illuminated, during daylight hours only, and only for noncommercial patriotic purposes.
(b)
Banners, streamers, flags or pennants upon the exterior of premises located in B, LI-C, LI, I or C districts which bear no writing other than the words "Grand Opening" and which may be so used or displayed for a period no longer than 14 days from the date upon which a new commercial enterprise upon that premises has opened to the public for business and, nevertheless, no more frequently as to that premises than one such fourteen-day period in any two years.
(c)
Banners posted by or on behalf of the municipality announcing a civic event or celebration.
(d)
Decorative banners along or above the public right-of-way.
(e)
Decorative banners, each having an area of no more than 12 square feet, upon any residential premises but, nevertheless, no more than one per principal building on each such residential premises.
B.
Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to display flashing, movement or the illusion of movement are prohibited.
C.
Height. No freestanding or attached sign shall exceed the maximum height permitted in the district. In any event, no sign shall exceed any lesser height if specified elsewhere in this chapter, and no sign shall be higher at any point than the roofline of the building if it is attached to a building.
D.
Illuminated signs. Where permitted, signs shall be so arranged as to reflect and limit the glare away from adjoining premises in any residential district and away from all adjoining highways. Illuminated signs shall comply with the current Electric Code and shall not be erected without a building permit.
E.
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
F.
Real estate signs. Signs advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 horizontal feet from all street lines. Such residential signs shall not exceed two square feet on each side. Commercial or industrial signs shall not exceed 25 square feet on each side and shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter of business being advertised. All such signs do not need a building permit.
G.
Sign area. Sign area shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words or symbols, including the background, whether open or enclosed, but the area shall not include any supporting framework and bracing incidental to the display itself.
H.
Signs and sign structures. Signs and sign structures of all types shall be set back or elevated sufficiently to allow a clear, unobstructed line of sight from the stop line of intersecting streets and driveways for at least 300 feet along all abutting streets and highways.
I.
Signs with two exposures. Signs with two exposures shall be measured for area by using the surface area of one side of the sign only. Both sides may be used.
J.
Schedule of sign regulations by use. Permitted accessory signs and regulations are as follows:
(1)
One- and two-family dwellings, including R-4 Zone residents. Street number designations, postal boxes, on-site traffic, directional and parking signs and signs posting property as private property or similar purposes are permitted but are not to be considered in calculating the sign area.
(2)
Professional offices in one- and two-family dwellings. Professional occupations may be permitted one lighted sign, nonflashing and not to exceed two square feet in area.
(3)
Churches and public uses. Churches and public uses may be permitted one lighted sign, nonflashing and not to exceed four square feet in area.
(4)
Retail stores, business and personal services, offices, funeral parlors, theaters, restaurants, cleaning establishments and newspaper printing establishments.
(a)
Not more than one sign shall be permitted for each tenant on the premises on each wall fronting on a street.
(b)
The aggregate area, in square feet, of all signs on any wall shall not be greater than two times the length in feet of such wall.
(c)
Such sign or signs shall be parallel to the face of the building and no part thereof, including any illuminating devices, shall project more than 12 inches beyond the face of the wall to which applied nor any distance beyond or above the building in any other direction.
(d)
In addition, where the building is set back from the street line a distance of 25 feet or more, not more than one freestanding sign with a total area of not more than 40 square feet may be erected.
(5)
Manufacturing, warehousing, research facilities and industrial.
(a)
Only signs related to the use on the premises are permitted and in accordance with this section and the following:
[1]
Directional signs may be permitted as approved on the site plan and are not considered part of the minimum sign area.
[2]
One freestanding sign may be erected along a street right-of-way. It may have interior lighting, be not more than six feet high and not more than six feet long, have no more than two sides and be set back at least 1/2 the distance of the required building setback from the future street right-of-way.
[3]
One attached sign may be permitted, either lighted or unlighted, provided that the area of the sign does not exceed the equivalent of 5% of the area of the wall on which it is attached or 150 square feet, whichever is smaller. Where an attached sign is provided, the building may not be illuminated.
(b)
Buildings themselves may be illuminated in lieu of an attached sign outlined in Subsection J(5)(a)[3] above.
(c)
In addition, where the building is set back from the street line a distance of 25 feet or more, not more than one freestanding sign with a total area of not more than 40 square feet may be erected
§ 365-42 Performance standards.
A.
Loading. Off-street loading space will be provided for any commercial or industrial building erected or altered so as to expand its usable floor area in accordance with the following schedule:
Type of Use | Minimum Number of Loading Spaces | |
|---|---|---|
Retail stores | 1 for each 10,000 square feet of floor area or major fraction thereof in excess of the first 3,000 square feet | |
Service establishments, printing and publishing | Same as for retail; 1 for each 10,000 square feet of floor area or major fraction thereof | |
Factories and warehouses | 1 for each 5,000 square feet of floor area or major fraction thereof, except that 1 space shall be provided for each 10,000 square feet of floor area in excess of the first 7,500 square feet |
B.
Emission of dust, fumes, vapors and gases.
(1)
The emission of dust, dirt, fly ash, fumes, vapors or gases or other particulates which can cause any damage to human health, to animals or vegetation or other forms of property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
(2)
No emission of liquid or solid particles from any chimney or otherwise shall exceed the minimum standard set by the most current regulations of the New Jersey State Department of Environmental Protection (New Jersey Air Pollution Control Code).
(3)
Dust and other types of air pollution borne by the wind from such sources as parking areas, driveways, roads, loading areas, storage areas, construction sites and yards, within lot boundaries, shall be kept to a minimum by appropriate landscaping, oiling, paving or other acceptable means of stabilization.
C.
Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light beyond its lot lines. Exterior lighting shall be suffused so that glare will not become a nuisance to adjoining properties or adjoining districts.
D.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses.
E.
Noise. The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the minimum standards set by the most current regulation of the New Jersey State Department of Environmental Protection (New Jersey Noise Pollution Control Code), and in no case shall noise be audible nor shall vibration be felt at a distance greater than 100 feet from the building line of any industrial building.
F.
Odors. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the most restrictive provisions set by the most current regulation of the New Jersey State Department of Environmental Protection (New Jersey Air Pollution Control Code).
G.
Air pollution. The requirements of the State of New Jersey Air Pollution Control Code shall be complied with.
H.
Storage of flammable waste; waste disposal.
(1)
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices, heating or appliances located and operated on the same lot as the tanks or drums of fuel.
(2)
All storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored shall be enclosed in an approved building.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored in containers which are adequate to eliminate such hazards.
I.
Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction activity. The standards below are set forth in the Table of Frequency Amplitude Relations. Vibration, shall be expressed as displacement in inches, and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Frequency of Ground Motion (cycles per second) | Maximum Amplitude of Ground Motion (inches) | |
|---|---|---|
Up to 10 | 0.003 | |
11 to 20 | 0.00015 | |
21 to 30 | 0.0001 | |
31 to 40 | 0.00007 | |
41 to 50 | 0.00005 | |
51 to 60 | 0.00004 |
§ 365-43 Evaluation of environmental assessment statement.
A.
An environmental assessment statement may be submitted by the developer addressing points in Subsection B below, which shall be posted at least 10 days prior to the Planning Board meeting at which the project will be reviewed by the Planning Board. The Planning Board shall prepare an evaluation of the impact of the construction upon the ecological, cultural and aesthetic environment of the Borough.
B.
All environmental impact assessments shall consist of written and graphic materials that clearly present the following information:[1]
(1)
Project description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated.
(2)
The compatibility or incompatibility of the proposed project shall be described in relation to the Borough of Wallington Master Plan, Bergen County planning documents and the New Jersey State Development and Redevelopment Plan.
(3)
Site description and inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site which shall include, but not be limited to, the following items:
(a)
Topography. A description and map of the topographic conditions of the site shall be provided.
(b)
Contamination. Information regarding the presence or absence of environmental contamination, including: the presence of known or suspected contaminants on the site; prior uses of the property; the status of any past or present administrative or judicial proceeding involving contamination or remediation of contamination on the site. In appropriate cases, the Board may require similar information with regard to surrounding sites.
(c)
Critical areas. A description and map of the wetland areas, wetland buffers and floodplains on the site shall be provided.
(d)
Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified and riparian issues which may be relevant to the development.
(e)
Unique scenic features. Describe and map those portions of the site that can be considered to have unique scenic qualities and any scenic view from the site.
(f)
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.
(4)
Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:
(a)
Soil erosion and sedimentation resulting from surface runoff.
(b)
Flooding and floodplain disruption.
(c)
Degradation of surface water quality.
(d)
Sewage disposal.
(e)
Solid waste disposal.
(f)
Destruction or degradation of scenic features on and off site.
(g)
Air quality degradation.
(h)
Noise levels.
(i)
Lighting levels, including trespass lighting.
(j)
Effect on the community, including projected population increase, increase in municipal and school services, consequences to the municipal tax structure.
(5)
Environmental performance controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off site. Of specific interest are:
(a)
Stormwater management plans and plans for soil erosion and sedimentation controls.
(b)
Water supply and water conservation proposals.
(c)
Noise reduction techniques.
(d)
Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.
(e)
Miscellaneous on-site and off-site public improvements.
(6)
Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.
(7)
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but not be limited to, approvals required by the Borough and agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(8)
Documentation. All publications, file reports, manuscripts or other written sources of information which were consulted in preparation of the environmental impact assessment shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
(9)
Review. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the EIA and/or in the course of the public hearings before the Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
In the event that an Environmental Commission shall have been established by the governing body, said Environmental Commission shall review the assessment statement required hereunder and submit its report based upon such review to the Planning Board with any recommendation which said Commission deems advisable. Said reports shall be advisory in nature and the recommendations contained therein shall not be mandatory on the Planning Board in making its determination hereunder.
§ 365-44 One principal use per lot; exception.
[Amended 2-28-2013 by Ord. No. 2013-04]
No more than one principal use shall be permitted on one lot, except in the CB Commercial Business Zone. Multiple principal buildings may also be permitted on a single lot in the CB Commercial Business Zone.
§ 365-45 Service stations.
A.
No service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut.
B.
No service station shall be permitted where any oil-draining pit or visible appliance for any purpose (other than gasoline filling pumps or air pumps) is located within 50 feet of any future street line or within 150 feet of any residential district. All such appliances or pits other than gasoline filling pumps or air pumps shall be within a building. Gasoline and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 20 feet to any future street line.
C.
No junked motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highways shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building, excepting that a number not exceeding six motor vehicles may be permitted for a period of time not to exceed 48 hours, provided that the motor vehicles are awaiting repair by the owners thereof.
§ 365-46 Drive-in restaurants.
A drive-in restaurant is a prohibited use in every zone, and the same is defined to be any establishment for the service of food and beverages commonly known as a "car hop," "snack bar," "dairy bar," "hamburger stand," "hot dog stand" or "pizza stand," the operation of which substantially consists of the service of food and beverages to the customers of the establishment for their immediate consumption at counters, stools or bars outside of the confines of the structure at which the business is conducted or for consumption in vehicles parked upon the premises, whether such food and beverages are delivered to the vehicle by the customers or by personnel employed by the operator. An establishment for the service of food and beverages which contains seating facilities for the service of food and beverages within the confines of the structure in which the business is conducted shall nevertheless be deemed to be a drive-in restaurant if the operation of the business substantially consists of the service of food and beverages for immediate consumption outside the structure as hereinabove set forth. Any establishment for the service of food and beverages from which customers present at the premises can purchase food and beverages without physically entering the main structure in which the establishment is located shall also be deemed a "drive-in restaurant."
§ 365-47 Compliance with sanitary and housing regulations.
No person shall occupy or let to another for occupancy any space within a building for the purpose of living therein which does not comply with the Sanitary Code[1] and State Housing Code.
[1]
Editor's Note: See Ch. 396, Sanitation.
§ 365-48 Conditional uses.
A.
The Planning Board is hereby empowered to grant the conditional uses enumerated as such in the District Use Regulations set forth in Article IV in accordance with the definite specifications and standards required thereunder. Said Planning Board shall grant or deny an application for such conditional use within 95 days of submission of a complete application by a developer to the administrative officer or in such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Chapter 330, Subdivision of Land and Site Plan Review, and the time period for action by the Planning Board on conditional uses shall also apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
B.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 365-49 Swimming pools.
A.
Permanent private residential swimming pools shall adhere to the following standards:
(1)
No pool shall be constructed or installed on any lot unless the lot shall contain a residence building. All pools shall conform to the front yard requirements for the principal building in the district in which it is located.
(2)
A pool shall occupy no more than the equivalent of 65% of the yard area in which it is located.
(3)
No edge of any pool shall be closer to any lot line than five feet.
(4)
In the case of a corner lot, a permanent private swimming pool shall not be constructed, erected, installed or maintained closer to the side street line than the prevailing setback line on the street.
(5)
The pool may be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither direct nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the current Electrical Code.
(6)
The pool shall be completely surrounded by fencing a minimum of four feet in height. The objective of this provision is as a health and safety precaution to prevent small children from accidentally entering pools. The fencing should be of a durable and stable quality and of sufficient material and construction to fulfill this purpose. Such fenced areas shall also have self-latching gates or other means of access which can be locked when not in use.
(7)
No public amplifying system shall be used with a private residential swimming pool.
B.
Public swimming pools or club pools intended for open use of the public or to club members shall adhere to the following standards:
(1)
Pools shall be located within a lot area of a minimum of two acres. Within such area may also be located clubhouses, locker rooms, open space, terraces, recreational uses, refreshment stands, cabanas and similar associated uses.
(2)
The pool shall occupy no more than 8% of the lot area. The area shall include total water surface, including separate wading pools, swimming tanks and diving tanks.
(3)
No edge of any pool or separate swimming tank shall be closer to any property line than 50 feet.
(4)
The pool shall be enclosed with a fence or, in lieu thereof, located on a terrace or landscaped or surrounded by structures or any combination of the above or similar techniques in order to control access to the immediate pool area.
(5)
The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All freestanding standards used for exterior lighting shall not exceed 15 feet in height and shall be no closer than 10 feet to the edge of any pool. All lighting shall be in compliance with the current Electrical Code.
(6)
All pools shall be constructed below the surface of the ground, except that nothing shall prohibit pool areas from being terraced on hillside locations.
(7)
All pools shall be landscaped to effectively screen the view of the pool from neighboring properties.
(8)
All loudspeakers or public address systems shall be located in the immediate area of the pool and be directed so that the speakers are not directly aimed at any adjacent residential buildings.
(9)
One off-street parking space shall be provided for every 30 square feet of water surface. Such parking facilities may be included with other parking areas associated with clubhouses, other recreational uses and similar uses as part of a total site plan.
C.
All pools referred to in Subsections A and B of this section shall have all the areas surrounding the pool made and kept neat and attractive so as to be in conformity with surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
D.
No residential pool as defined located in Wallington shall be left uncovered when not in use, as defined by more than two weeks without active filtration, in the Borough of Wallington. Failure to abide by this section will result in the following fines:
[Added 12-19-2019 by Ord. No. 2019-11]
(1)
First offense: $100 fine.
(2)
Second offense: $500 fine.
(3)
Third offense: $1,000 fine.
§ 365-50 Satellite earth stations.
A.
Administration. The provisions of this section shall be administered by the Construction Official of the Borough of Wallington.
B.
Submission of plan required; review and decision.
(1)
Any property owner or person or entity in possession of property shall submit to the Construction Official, prior to the placement of a satellite earth station, a plan showing the size of the satellite earth station, the proposed location of the same on the subject premises and such other information as may be required herein.
(2)
The Construction Official shall review said plan and render a decision within 20 days of the submission of said plan or within such further time as may be consented to by the property owner or person in possession of property.
C.
Contents of plan. The plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include and show the following information:
(1)
The name and address of the applicant and the owner and the name, address and the title of the person or entity preparing the plan and accompanying data, the date of preparation and the dates of each revision, where applicable.
(2)
An appropriate place for the signature of the Construction Official.
(3)
The lot(s) and block number of the lot(s) from the Borough Tax Map and the length and bearings of the lot lines of the proposed project.
(4)
The location, names and pavement and right-of-way width of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties, together with the names and addresses as disclosed on the Borough Tax Map and the tax rolls as of the date of the application, and the location of existing buildings within 200 feet of the site in question.
(5)
All existing buildings and structures and all accessory buildings and structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
(6)
All existing and proposed setback dimensions and landscape areas.
(7)
Existing and proposed plantings to provide screening as required by this section.
(8)
Any and all other information necessary to meet any of the requirements of this section not listed above.
D.
Design standards.
(1)
The diameter of satellite earth station antennas (parabolic dishes) shall not be greater than 13 feet 1 1/2 inches.
(2)
The maximum height of antennas and mounting structures, measured vertically from the highest point of the antennas when positioned for operation, shall not be greater than 14 feet above the ground.
(3)
In residential zones, satellite earth stations shall only be installed on ground level.
(4)
No ground-level satellite earth station shall be closer at any point than 13 feet to any side property line and no closer at any point than 20 feet to any rear property line.
(5)
Ground-level satellite earth stations shall be located in the rear yard only.
(6)
Satellite earth stations that are installed other than in residential zones shall be so installed as to not exceed the district height limitation, and any such installation shall be completed with appropriate architectural screening.
(7)
Every satellite earth station shall be effectively screened by a special planting screen or fence (in accordance with § 365-37, Fences and walls), as approved by the Construction Official, which shall be maintained in good condition so that said satellite earth station shall not be readily visible from ground level of any adjacent property or public street.
(8)
Power control and signal cables from or to the satellite earth station shall be underground and installed in accordance with the appropriate building code, if any.
E.
Deposit. The Construction Official may, in his discretion, require the deposit of a sum not to exceed $500 to cover the cost of review sources deemed necessary by the Construction Official, such as the Borough Engineer, Borough Attorney or other Borough personnel. The Treasurer shall place the deposit in a trust account and shall charge all disbursements for said review services. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any permit shall be issued.
§ 365-51 Building extensions of one-family residences.
Within any R-1 or R-2 Zone, any existing building used for one-family residence purposes may be extended, altered or added to along the existing side building lines, notwithstanding that such extension, alteration or addition does not comply with the minimum one-family residential zone side yard requirement, provided that the extensions, alterations or additions shall not diminish the existing side yard space and shall comply with the one-family residential zone requirements for front yards, rear yards and size and height of buildings and other structures.
§ 365-52 Principal buildings not to share required open space.
No open space provided around any principal building for the purpose of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing open space for meeting the same requirements for another principal building.
§ 365-53 Measurement of front yards; through lots.
A.
Front yards shall be measured from the front lot line of a street in accordance with the widths set forth in the Borough Master Plan.
B.
On a through lot, the rear yard depth shall not be less than the required depth of the front yard in the district in which the lot or applicable portion of the lot is located.
§ 365-54 Existing lots of record.
In any residential zone, except the R-3 Zone, a one-family dwelling may be erected on a nonconforming zone lot of official record at the effective date of this chapter, irrespective of its area or width; provided, however, that no adjacent or adjoining vacant land exists or existed at the time of the effective date of this chapter which would create a conforming lot if all or part of said vacant land were combined with the subject lot. No lot or lots in single ownership hereafter shall be reduced so as to create one or more nonconforming lots.
§ 365-55 Measurement of lot width.
The minimum lot width of any lot shall be measured at the front yard setback line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, the street frontage shall not be less than the 75% of the minimum lot width required; provided, however, that the lot width as measured at the front yard setback line shall be no less than the minimum lot width, as specified in the Schedule of Area, Bulk and Yard Requirements,[1] for the district in which the lot is contained.
[1]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is attached to this chapter.
§ 365-56 Obstruction of vision on corner lots.
At all street intersections, no obstruction exceeding 30 inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines 25 feet distant from their intersection. The determination of the front yard of a corner lot shall be at the option of the owner or developer and shall be so designated on all maps and official records.
§ 365-57 Street frontage on through lots.
A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of the Schedule of Area, Bulk and Yard Requirements.[1]
[1]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is attached to this chapter.
§ 365-58 Reduction of required yard dimensions.
The area or dimensions of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already legally existing as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
§ 365-59 Street frontage required.
A.
Every principal building shall be built upon a lot with frontage upon an improved and approved street in accordance with the street standards established by the Borough of Wallington.
B.
Any property which contains access to one or more approved and improved streets at its property line but does not contain sufficient street frontage as required herein shall not be construed to be landlocked. Where such conditions do exist or are created by virtue of a subdivision, no building permit or occupancy permit shall be granted unless and until said property contains the required amount of street frontage as required herein.
C.
This provision is not to be construed to provide any building or zone lot which contains less street frontage than required herein or to create a building or zone lot with an existing structure or structures located thereon with less street footage than as required herein.
§ 365-60 Lots located in more than one zone.
For any zone lot which is located in more than one zone district, which districts differ in character by permitting residential, commercial or industrial uses, all yard, bulk and other requirements shall be measured from the zone boundary line and not the true lot line.
§ 365-61 Projections into yards; changes in street right-of-way.
A.
Required yards shall be open to the sky and unobstructed except for the ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures which may not project more than six inches into such yards.
B.
Cornices and eaves may project not more than two feet over any required yard.
C.
Chimneys or flues may be erected within any yard, provided that they do not exceed 10 square feet in aggregate external area.
D.
Projection into required yards. Certain architectural features may project into required yards as follows:
(1)
Cornices, canopies, eaves, bay windows, balconies, cantilevers, fireplaces, uncovered stairways and necessary landings and chimneys and other similar architectural features may project a distance not to exceed two feet into any required yard.
(2)
Patios may be located in any side or rear yard, provided that they are not closer than five feet to any property line.
(3)
Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than that allowed in this chapter and shall not obstruct automobile vision. The sight triangle requirements shall also apply where applicable.
E.
Front yard requirements affected by Official Map. Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Borough of Wallington, the front yard and the front or side yard of a corner lot in such district shall be measured from such proposed right-of-way line.
§ 365-62 Maximum lot coverage.
The maximum lot coverage on each zone lot shall not be greater than is permitted in the district where such buildings and structures are located and shall include all porches, chimneys, extensions and accessory buildings.
