West New York City Zoning Code
ARTICLE V
Supplementary Regulations
§ 414-16 Scope of article.
This article consists of regulations, provisions and requirements that are supplementary to or in modification of the regulations set forth in the Schedule of District Regulations and the notes accompanying said Schedule of District Regulations that are contained in preceding § 414-15. These supplementary regulations include, but are not limited to, requirements for site plan approval, signs and parking and loading facilities.
§ 414-17 Site plan approval requirements.
A.
Site plan approval is required prior to the issuance of a building permit for all uses of land except dwelling units, one- and two-family homes and renovations in which no variances are necessary and which do not change the use, footprint or density of the structure. Such site plans, which shall bear the official seal, signature and license number of an architect, engineer or planner licensed to practice that profession in the State of New Jersey, shall be submitted to the Secretary of the Planning Board or the Secretary of the Board of Adjustment in those cases where the Board of Adjustment has jurisdiction.
[Amended 6-19-1996 by Ord. No. 26/96]
(1)
Twelve copies of the application and 12 prints of the preliminary proposal map shall be filed with the appropriate Board Secretary who shall distribute one copy to the Construction Official, the Town Planning Consultant and such other officials as necessary.
(2)
The preliminary sketch map shall show, at an appropriate scale:
(a)
The site for which application is being made, identified by Town of West New York Tax Map's block and lot number.
(b)
Existing surrounding uses of land and their structures for a distance of at least 200 feet on all sides of the applicant's site.
(c)
The type of structure which is proposed, illustrated by a floor plan sketch and front and side elevations drawn to scale. If applicable for commercial establishments, the areas to be used for outdoor selling or display should be noted.
(d)
The proposed on-site circulation system, access and egressways and service roads, if applicable, with particular reference to automotive and pedestrian safety and convenience and access and egress in case of fire or catastrophe.
(e)
On-site parking spaces and aisles drawn to the dimensions as contained in the definitions of this chapter.
(f)
On-site loading facilities, if applicable, drawn to the dimensions contained in the definitions of this chapter.
(g)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(h)
An estimate of the number of employees who will be using the site on a full- or part-time basis, if applicable.
(i)
Landscaping and buffering or screening proposals with reference to type, dimensions and character.
(j)
Topography of the site with contour intervals of not more than five feet.
(3)
Said applications and sketches shall be filed at least 14 days prior to a regular meeting of the Planning Board and shall be accompanied by a certified or bank teller's check for the payment of a fee according to the following schedule:
B.
Unless work is commenced within one year of the date of the granting of site plan approval and diligently prosecuted, such approval shall become null and void.
§ 414-18 Site plan review criteria.
In reviewing a site plan, the Planning Board shall consider its conformity to the Master Plan and the other codes and ordinances of the town. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets. The impact of drainage shall be considered to ensure against flooding. Conservation, soil erosion and sediment control, aesthetics, landscaping and impact on surrounding development as well as on the entire town shall be part of the Planning Board review. In its review, the Planning Board may request recommendations from any other local, county, state and/or federal agency which may have an interest in the particular development for which site plan approval is being sought.
§ 414-19 Time limits for Planning Board review.
A.
If an application for development is found to be incomplete, the Planning Board shall notify the developer within 45 days of the submission of such application or it shall be deemed to be properly submitted, provided that the requirements of § 414-17 have been satisfied.
B.
Upon the submission of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. In those cases where the submitted application requires the Planning Board to also consider an application for a variance, other than a use variance, the Planning Board shall grant or deny approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise the Planning Board shall be deemed to have granted preliminary approval of the site plan.
§ 414-20 Waiver of site plan requirements.
A.
The requirements of the site plan provisions of this chapter may be waived in whole or in part or on such conditions as may be deemed necessary to further carry out the intent of this chapter, at the sole discretion of the approving agency, when the applicant has submitted to the approving agency a written request setting forth the following:
B.
In considering for approval a request for waiver of site plan requirements, the approving agency will consider the review criteria as contained in § 414-18 of this article and will make further findings that the application for waiver conforms to the standards of sound planning as contained in this chapter and does not impair the intent and purpose of the requirements of this chapter. The approving agency's findings and written approval or disapproval, with or without conditions, shall be forwarded to the applicant and the referring municipal officer or agency where appropriate, in conformance with other provisions of this chapter.
§ 414-21 Building permits.
A.
Upon receipt by the Construction Official of such report of the Planning Board showing that conditions set forth in this and other pertinent articles have been complied with and upon compliance with the standards set forth in the Building Code, the Construction Official may issue the required building permit. In the event that the Planning Board shall not make a finding that the conditions set forth in this chapter have been complied with, the Construction Official shall refuse to issue a building permit, and the reasons for such refusal shall be set forth in writing.
§ 414-22 Sign regulations applicable in all districts.
The following regulations shall apply to all signs in all districts:
A.
Signs other than an official traffic sign shall not be erected within the right-of-way of any street.
B.
The area of a sign shall be computed as the total area of the smallest rectangle that will contain the entire sign or sign structure, including all parts thereof except the supports of a freestanding sign which shall not contain any advertising material.
C.
Each side of a multifaced sign shall be considered as a separate sign for computation of the total surface area of any such sign.
D.
The following types of signs are prohibited:
(1)
Any sign that obstructs a sign displayed by a public authority for the purpose of traffic instruction, direction or other information.
(2)
Any sign within the area of vision clearance at a street corner, corner lot or other location.
(3)
Any sign that obstructs any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any building as required by law.
(4)
Signs that cause direct glare into or upon a dwelling or other use of a structure where persons live, are employed or conduct other activity where such glare would constitute a sustained nuisance.
(5)
All bare incandescent light sources (neon lights not to be considered as such) and immediately adjacent reflecting surfaces shall be shielded from view. Flashing, moving, intermittently illuminated signs, reflection signs or luminous signs and advertising devices shall be prohibited.
(6)
Billboards advertising products or services other than those dispensed at the structure and location on which the billboard will be placed.
E.
The following are signs for which no permit is required in any district:
(1)
Signs not illuminated by either direct or indirect lighting displayed on residential buildings other than single-family dwellings for the purpose of giving only the name thereof as follows: not to exceed one sign on a building, located on the face thereof, and projecting not more than six inches therefrom, not extending above the actual height of the building and not exceeding one foot in vertical dimension.
(2)
Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his official duties, or by trustees under deeds of trust, deeds of assignment or other similar instruments, provided that all such signs shall be removed no later than 10 days after the last day of the period for which the same are required to be displayed in order to accomplish their purpose.
(3)
Signs of any political party or announcements of the candidacy of any individual for a nomination or office, provided that in any residential district no such sign shall exceed two square feet in area and in any district other than a residential district no such sign shall exceed in area the maximum area of sign display permitted on any lot in that district, provided, further, that all such signs shall be removed not later than 10 days after the day of the election to which they pertain.
(4)
Signs advertising only the name, time and place of any bona fide and municipally licensed fair, carnival, festival, bazaar or similar event, when conducted by a public agency or for the benefit of any civic, fraternal, religious or charitable cause, provided that no such sign in any residential district shall exceed 20 square feet in area or be displayed except on the immediate site of the event to which it pertains, no such sign in any C or I District shall exceed in area the maximum area of sign permitted on any lot in that district and provided further that all such signs shall be removed within 10 days after the last day of the event to which they pertain.
(5)
Signs not exceeding two square feet in area warning the public against trespassing on the land on which the same are displayed.
(6)
Signs of whatever size necessary, warning the public of danger, but not containing any advertising material in addition thereto.
(7)
Any informational or directional sign erected by a public agency or under the authorization of a public agency.
(8)
Any temporary sign of no longer than 30 days' duration, even if same shall be contrary to the signs prohibited under § 414-22D, provided that said sign shall be authorized by resolution of the governing body and that such resolution shall provide for removal of said sign by a specific date to be determined in the discretion of the governing body and stated in its resolution authorizing said sign.
[Added 6-3-1981 by Ord. No. 1475]
§ 414-23 Signs in residential districts.
The following regulations shall apply to signs in residential districts:
A.
Every sign in a residence district shall:
(1)
Be placed flat against a building, projecting not more than six inches therefrom on the front or side and not extending beyond the height of said building; or
(2)
Be located apart from the building as a freestanding sign in front of the building at a minimum distance of at least 15 feet from the lot line. Said freestanding sign shall not exceed five feet in height.
B.
No sign in a residence district shall be illuminated by other than indirect lighting with the source thereof so shielded that it illuminates only the face of the sign.
C.
The following types of signs shall be permitted in all residence districts:
(1)
Nameplates and identification signs.
(a)
Signs indicating the name or address of the occupant or a permitted home occupation or profession, provided that they shall not exceed one square foot in area.
(b)
Only one sign shall be permitted per dwelling unit, except in the case of comer lots where two such signs, one facing each street, shall be permitted.
(c)
For multiple dwelling structures, a single identification sign not exceeding six square feet in area.
(2)
Sales or rental signs.
(a)
Signs advertising the sale or rental of the premises upon which they are located, provided that they shall not exceed six square feet in area.
(b)
Not more than one such sign may be placed upon any property unless such property fronts upon more than one street, in which case two signs may be erected, one facing each street.
(c)
Such signs shall be promptly removed when premises are sold or rented.
(3)
Institutional signs.
(a)
Signs of schools, colleges, churches, hospitals, sanatoriums or other institutions of a similar public or semipublic nature, provided that the size of any sign shall not exceed 20 square feet in area.
(b)
Not more than one such sign shall be permitted for an institution, unless the property fronts upon more than one street, in which case two such signs may be erected, one facing each street.
(4)
Signs accessory to parking areas.
(a)
Signs designating entrances or exits to or from a parking area, provided that the size of any sign shall not exceed two square feet in area.
(b)
Signs designating the identity and conditions of use of parking areas, provided that the size of any such sign shall not exceed nine square feet in area. Not more than one sign may be placed upon any property unless such property is located on a corner, in which event two such signs may be permitted, one facing each street.
(5)
Development signs.
(a)
Signs advertising the sale or development of the premises upon which they are located may be erected by a builder, contractor, developer or other persons interested in such sale or development, provided that the area of any sign shall not exceed 20 square feet.
(b)
Not more than one sign may be placed upon any such property, unless such property fronts upon more than one street, in which event one such sign may be erected facing each street.
(c)
Such sign shall be removed by the developer within 30 days of the final sale of the property.
(6)
Directional signs for developments.
(a)
Signs indicating the location and direction of premises available for or in the process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent, provided that the area of any sign shall not exceed six square feet in area nor four feet in length.
(b)
Not more than one such sign may be erected on each 500 feet of street frontage.
(c)
Such signs shall be removed by the developer within 30 days of the final sale of the property.
(7)
Artisans' signs.
(a)
Signs of mechanics, painters and other artisans may be erected and maintained during the period in which such persons are performing work on the premises, provided that the size of any such sign shall not exceed 12 square feet in area.
(b)
Such signs shall be removed promptly upon completion of the work.
(8)
Private driveways. Signs indicating the private nature of a driveway, provided that the size of any such sign shall not exceed two square feet.
§ 414-24 Signs in commercial and industrial districts.
A.
The following types of signs shall be permitted in commercial and industrial districts:
B.
The area of signs in commercial districts shall be based on a ratio of two square feet of sign area for each one square foot of building frontage on which the sign will be placed and shall not exceed a maximum area of 40 square feet for each business contained in the building.
C.
The area of signs in industrial districts shall be based on a ratio of two square feet of sign area for each one square foot of building on which the sign will be placed and shall not exceed a maximum area of 100 square feet. On industrial sites having an area of one acre or larger, the sign area shall be limited to 400 square feet.
D.
Not more than one exterior sign shall be permitted for each store on each wall facing a street.
E.
Signs shall be placed flat against a wall and shall not project more than six inches from the wall to which they are affixed. No sign shall project beyond the top or side wall to which it is affixed.
F.
In a commercial district no sign shall be placed to extend over a sidewalk where it may cause danger to a pedestrian or interfere with circulation or in such a position that will cause danger to traffic on a street by obscuring the view.
G.
Billboards and other outdoor advertising displays shall be prohibited in all districts except industrial districts, where such billboard or outdoor advertising display shall be permitted, provided that it advertises the existing industry that occupies the site and that it conforms to all other requirements of the industrial district and that, if it is located on a site which is contiguous to a residential district, said billboard or outdoor advertising display shall not face the residential district. No billboard shall be placed on the roof of any building.
H.
Freestanding identification signs for designed shopping centers and industries located on a site of at least one acre shall be permitted, provided that:
(1)
There shall be no more than one identification sign for each street, other than a residential service street, on which the shopping center fronts.
(2)
The total area of such signs shall not exceed 75 square feet, nor shall they exceed a height of 40 feet.
(3)
All bare incandescent light sources (neon lights not considered as such) and immediately adjacent reflecting surfaces shall be shielded from view. Flashing, moving and intermittently illuminated advertising devices shall be prohibited.
§ 414-25 Off-street parking and loading requirements.
The following regulations and schedules with specific requirements shall apply to all off-street parking and loading facilities for all uses of land in all districts:
A.
All off-street parking and loading facilities shall be designed at least according to the dimensions as contained in Article III, Definitions, of this chapter.
B.
No off-street loading area or parking area or part thereof for three or more vehicles shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot.
C.
Any off-street parking area or off-street loading area for three or more vehicles shall be surfaced with an asphaltic or portland cement pavement or similar durable and dustless surface. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of motor vehicles.
D.
Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
E.
All off-street parking space and off-street loading space shall be provided with safe and convenient access to a street. Access drives or driveways shall not be less than 10 feet in width. If such space is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided through driveway openings through the curb not exceeding 25 feet in width and located and constructed in accordance with specifications prescribed by the Construction Official. All off-street parking space and off-street loading space that is not located within a building shall be constructed and maintained with a dustless surface and of such type of construction that the same will be available for safe and convenient use at all times. No access drive or driveway in any R District shall be used to provide access to uses other than those permitted in such R District.
F.
Any public or private parking or loading area for three or more vehicles, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements. Plans for such areas shall be reviewed by the Construction Official to ensure compliance with these regulations.
G.
Off-street parking areas for three or more vehicles and off-street loading areas shall be effectively screened by a fence or hedge as provided in this chapter. The screening shall be on the side or sides which adjoin or face premises situated in any residential district or institutional premises.
H.
Where there are practical difficulties in the way of location of parking space, or if the public safety or the public convenience or both would be better served by the location of such parking space other than on the same lot with the use to which it is appurtenant, the Board of Adjustment on specific application may authorize such alternative location of required parking space as will adequately serve the public interest, subject to the following conditions:
(1)
Such space shall be located on land in the same ownership or leasehold as that of the land on which is located the use to which such space is appurtenant.
(2)
The entrance to such space shall be within a radius of 250 feet from an effective entrance to the use that such space serves.
(3)
Such space shall be conveniently usable without causing hazard to pedestrians, hazard to vehicular traffic, traffic congestion, detriment to the appropriate use of other property in the vicinity or detriment to any residential neighborhood.
I.
Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the uses served are adhered to. Further, no accessory space or portion thereof shall serve as a space for more than one use unless otherwise approved by the Board of Adjustment in accordance with the purposes and procedures set forth herein.
J.
Schedule of off-street parking spaces required.
Land Uses | Off-Street Parking Spaces Required | ||
|---|---|---|---|
Dwellings[1] [Amended 4-15-1987 by Ord. No. 1771] | |||
1-bedroom units | 1 | ||
2-bedroom units | 1.5 | ||
3-or-more-bedroom units | 2 | ||
Apartment houses and row houses | 2 for each dwelling unit | ||
Apartment houses for elderly | 1 for each 4 units for elderly | ||
Places of worship | 1 for each 5 seats | ||
Hotels, motels, other transient | 11/4 for each unit of occupancy | ||
Elementary schools | 10 plus 2 for each classroom | ||
High schools | 25 plus 4 for each classroom | ||
Community buildings, fraternal and social clubs and similar | 1 for each 8 members | ||
Hospitals | 4 for each 5 beds | ||
Nursing homes | 1 for each 3 beds | ||
Government administrative offices | 5 for each 800 square feet of gross floor area | ||
Retail stores, service establishments and professional offices | 1 square foot for each 1 square foot of gross floor area | ||
Designed shopping centers and professional offices in planned devel- opment district | 3 square feet for each 1 square foot | ||
Professional offices in homes | 1 for each professional and other full-time employee plus 3 additional | ||
Restaurants, bars, commercial entertainment establishments | 1 for each 3 seats (including bar stools) | ||
Wholesale, warehouse, storage, heavy commercial establishments | 1 for each 2,000 square feet of gross floor area | ||
Light-impact industries | 1 space for each 800 square feet of floor area | ||
Laundromat [Added 3-20-2002 by Ord. No. 5/02] | 1 for every 1.5 washing machines and 1 per employee | ||
[1]
Editor's Note: Apartment houses and row houses, which immediately followed this entry, was repealed 4-15-1987 by Ord. No. 1771.
K.
Schedule of off-street loading spaces required.
Land Uses | Off-Street Parking Spaces Required | |
|---|---|---|
Apartment houses | 1 | |
Schools | 1 | |
Hospitals | 1 for each 50 beds | |
Undertakers | 1 for each 5,000 square feet of floor area | |
Retail stores | 1 for each establishment | |
Wholesale, storage, distributive and other industrial establishments | 1 for the first 10,000 square feet of gross floor area plus 1 additional for each additional 20,000 square feet or fraction thereof of gross floor area |
L.
C-R Retail Services Commercial District.
[Added 10-20-2016 by Ord. No. 19/16]
(1)
Notwithstanding the above parking requirements for land uses in the C-R Retail Services Commercial District, the uses, set forth below, which are located on the East and West sides of Bergenline Avenue between 49th Street and 67th Street, which have a maximum occupancy load of 49 persons, shall not be required to provide parking or loading for the use.
(2)
All other zoning requirements for these uses remain in full force and effect.