A.
Each principal building shall have uninterrupted frontage upon a
street or upon a court. If said frontage is upon a court, the least
dimension of said court shall not be less than 1 1/2 times the
average height of the opposite bounding walls.
B.
If the rear of any principal building shall be opposite any other
principal building, it shall be distant therefrom not less than 1 1/2
times the average height of the opposite bounding walls.
C.
The side of a principal building which is opposite to the side of
another principal building shall be separated therefrom by a distance
not less than the average height of the opposite wall, except that
where two principal buildings front on a public street, the distance
therebetween shall not be less than 1 1/2 times the average height
of the opposite bounding wall.
D.
An offset to a court or yard may be considered as part of such court
or yard, provided that the offset is not deeper in any part than its
width on the open side and that such open side in no case shall be
less than six feet wide.
E.
No front yard shall be used for services such as clothes drying,
automobile parking or storage for the dwelling units.
F.
A minimum of 80% of the dwelling units in any building shall be 3 1/2
rooms or less in size with no more than one bedroom; the remainder
of said dwelling units in any one multifamily dwelling shall be not
more than 4 1/2 rooms in size with not more than two bedrooms.
G.
The minimum habitable area of three-and-one-half-room dwelling units
shall be not less than 460 square feet on a single floor. The minimum
area of the four-and-one-half-room dwelling unit shall be not less
than 800 square feet on a single floor. In no event shall the minimum
habitable area of any dwelling unit be less than 460 square feet on
a single floor.
H.
All buildings shall provide adequate facilities for the handling
and disposal of garbage by maintaining an enclosed screened area or
a separate building into which all garbage and refuse shall be deposited.
Such facilities shall be shown on the building site plan.
I.
The lot upon which a building in this zone is erected shall provide
a landscaped, seeded or otherwise properly improved open space for
outdoor play areas for small children and outdoor adult recreation;
not less than 10% of the total square foot area of said lot shall
be so devoted.
J.
Off-street parking spaces shall be provided at the ratio of two spaces
for each dwelling unit. No off-street parking area shall be permitted
or provided within any required front yard area or in any required
rear or side yard area abutting a side street or in any area devoted
to any other use required or permitted under this chapter.
L.
Density. The maximum number of separate dwelling units shall be 18
per acre.
M.
Prior to the issuance of any building permit for the construction, erection or alteration of a building in an R-3 Zone, the applicant shall file the necessary application as required by Chapter 330, Subdivision of Land and Site Plan Review.
N.
The owners of the buildings and land in this R-3 Zone are required to remove garbage, refuse and other waste materials from the premises to areas outside of the Borough limits of the Borough of Wallington on a regular and periodic basis at the owner's own cost and expense and, upon the failure to so do, in addition to any other remedy provided by this chapter or by any other ordinance of the Borough of Wallington or other applicable law, the governing body of the Borough of Wallington shall have the right to revoke any certificate of occupancy issued for the use and occupation of any building(s) or dwelling units erected on the property. In addition, the owner of the land upon which a building is erected in this zone shall provide for the removal of snow from any street, road, right-of-way and parking area(s) providing means of ingress and egress to the buildings erected on the property in accordance with § 325-1 of the Code.[2]
O.
In addition to any other remedy available to the Borough of Wallington
under the terms of this chapter or any applicable law, if the property
owner of the property upon which the building(s) is erected within
this zone fails to remove garbage, refuse, waste or snow as is required
under the terms of this chapter or any applicable ordinance or law,
the Borough Health Officer, Construction Official or Superintendent
of Public Works shall give or cause to be given written notice to
the aforesaid owner, his or its agents, servants or employees to remove
the aforesaid material within 24 hours after service of the notice
in the case of garbage, refuse and waste and within six hours in the
case of snow. Such notice may be served in person, by registered mail,
certified mail or telegram. If the owner shall fail to remove the
garbage, refuse, waste or snow within the time required by the notice
referred to above, then the same shall be removed by or under the
direction of the Superintendent of Public Works of the Borough of
Wallington or the Department of Public Works of the Borough of Wallington,
at the cost and expense for said removal and disposal of the owner.
The Superintendent of Public Works shall cause the costs and expenses
of such removal and disposal to be certified, as nearly as can be
ascertained, to the Borough Council of the Borough of Wallington.
The Borough Council shall examine the certificate and, if found to
be correct, shall cause the costs as shown to be charges against said
lands. The same so charged shall forthwith become a lien upon such
lands and shall be added to and become a part of the taxes next to
be assessed and levied upon such lands. Such lien shall bear interest
at the same rate as taxes and shall be collected in the same manner
as taxes. The provisions of the Municipal Land Use Act[3] shall apply in the event that any provision in this subsection
is at variance therewith.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Where a business structure is located adjacent to an existing business
structure, the side yard adjacent to said existing business need not
be required, provided that there is vehicle access to the rear yard.
B.
Business structures or uses shall not display goods for sale purposes
outside of the structure in which such activity is carried on.
C.
No storage of any kind is permitted in the B Zone other than within
an enclosed roofed building as in 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.
D.
No building or premises shall be used and no building erected which
is arranged, intended or designed to be used for any kind of manufacturing
or treatment of products, except that any kind of manufacturing or
treatment of products not included within the prohibition of this
subsection may be carried on if it is customarily incidental to the
conduct of a retail business conducted on the premises. However, the
space used for such manufacturing or treatment of products shall not
exceed 25% of the total floor space occupied by such retail establishment
on the premises.
Within the LI-C Light Industrial – Commercial Zone, no
premises, lot, building or structure shall be used and no building
or structure shall be erected or altered to be used, in whole or in
part, for any other use except light industrial-commercial uses. No
light industrial-commercial use shall be permitted unless the following
standards are met:
A.
Uses permitted in the LI-C Zone shall be only those which are normally
such that at no time will such use cause or result in any:
(1)
Dissemination of dust, smoke, smog, obnoxious gas, fumes or odors
or other atmospheric pollution, noise or vibration beyond the boundaries
of the premises on which it is located.
(2)
Hazard of fire or explosion or other physical hazard to any adjacent
building or to any plant growth on any land adjacent to the site of
the use.
(3)
Hauling of materials, goods or products to or from the site of such
use in a volume or manner materially incongruous with the normal traffic
on the streets in the neighborhood.
B.
No burning of materials in open fires shall be permitted.
C.
No discharge into any disposal system or stream or into the ground
of any materials of such nature or temperature as can contaminate
any water supply, damage any pipe or conduit or cause the emission
of any discernible odor shall be permitted.
D.
Loading and unloading facilities on the same lot with the principal
building shall be provided to meet estimated normal demand for such
facilities incidental to respective industrial uses. Said area shall
not be located in the required front yard space and shall not be less
than 10 feet from any street or lot line.
E.
No storage of any kind is permitted in the LI-C Zone other than within
a roofed building so as to obscure said storage from view along any
road or from any residential or business zone.
A.
No light industrial use shall be permitted in the LI Zone that causes
dust, fumes, gas or odors to be disseminated beyond the boundaries
of the lot upon which such use is situated at a height less than the
maximum height permitted by structures; and provided, further, that
said use does not cause noise which exceeds, in levels, frequency
or intensity, that of street traffic at the front lot line and, further,
that said use does not produce glare observable from beyond the boundaries
of the lot upon which it is situated and, further, that the production
equipment is cushioned to prevent vibration from being experienced
beyond the lot line.
B.
The storing, warehousing, shipping, transferring and wholesale distribution
of products that are packaged in closed containers shall be permitted,
provided that handling takes place within or upon platforms of the
building.
C.
Restaurants and other eating and drinking establishments shall be
permitted, provided that all food consumed upon the premises is served
for consumption within an enclosed building.
D.
Laboratories for research or experimentation, other than for animals
and hazardous chemicals, shall be permitted.
A.
No dwelling houses within the R-4 Zone shall look alike within six
lots on the same side of the street. For the purposes of this section,
"look-alike homes" shall be those in which the rooflines, roof designs,
type of windows, shutters, doors, exterior colors and exterior materials
create an appearance in which two homes look substantially alike in
that they have the same basic design and facade.
B.
All dwelling houses and other permitted buildings within the R-4
Zone shall be provided with liberal and functional professional landscaping
schemes. Roads, sidewalks and other pedestrian walks shall be provided
with shade trees with a minimum diameter of 2 1/2 inches and
of a non-disease-prone type as shall be approved by the Planning Board
of the Borough of Wallington. Open space adjacent to buildings and
border strips along the sides of pedestrian walks shall be graded
and seeded to provide a thick stand of grass or trees and shrubs.
[Amended 2-28-2013 by Ord. No. 2013-04]
A.
B.
Site plan approval by the Planning Board of the Borough of Wallington
shall be required for all new construction or major alteration of
any construction within the CB Zone. The applicant and the property
owner shall be required to provide, maintain and create the planting
area not paved or covered with impenetrable material, which area shall
not be less than 15% of the total lot area. Any site plan approval
given in connection with property in the CB Zone shall expire one
year from the date of said approval unless substantial work is performed
by the property owner pursuant to said approval. The Municipal Land
Use Law[1] shall supersede this provision if in conflict with the
same.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Such planting area need not be all in one area of the lot, and the
computation of the planting area shall include any planted areas on
the lot of at least 50 square feet, including any required buffered
area.
D.
The planted area shall retain and drain the soil within the planted
area with a minimum of required maintenance and shall be protected
by continuous concrete curbing.
E.
No owner, developer, applicant or occupant of any lot within the
CB Zone shall cause the removal of any trees or shrubs in excess of
four inches in diameter at the base except by Borough approval contained
in a building permit, soil approval or site plan approval.
F.
The applicant shall submit to the Planning Board a landscape plan
for any planting or buffer area required by this chapter. The landscape
plan shall be prepared at a scale of not less than 1/8 inch equals
one foot for all planting areas and shall provide complete information
as to the identity, species, size and location of all materials to
be installed in any required planting or buffer area.
G.
The Planning Board may designate the size, dimensions and locations
and particular deciduous trees, evergreens, coniferous or broadleaf
and perennial deciduous shrubs appropriate to the particular planting
areas designated. Such plantings shall be installed by the applicant
or the owner prior to the issuance of any certificate of occupancy
or final site plan approval.
H.
The applicant also may be required to install fill and topsoil and
to provide new grades and elevations in accordance with good landscaping
practices and in a good and workmanlike manner. Such installation
shall be subject to the approval of the Borough Engineer of the Borough
of Wallington.
I.
The criteria to be considered in determination of the location, size
and content of any planting area shall include the following:
(1)
Drainage control.
(2)
Traffic and pedestrian safety.
(3)
Conservation of the economic values of the property and adjacent
properties.
(4)
Proper vehicular and traffic sight.
(5)
Shade and pollution control.
(6)
Screening and privacy of adjacent residential areas.
(7)
The configuration and relationship of planting areas to the total
plan submitted.
(8)
The objectives of good planning and zoning pursuant to the provisions
of N.J.S.A. 40:55D-1 et seq.
J.
Any required ground covers shall be evergreen varieties such as pachysandra,
vinca minor and other ground covers approved by the Planning Board
that do not form an impervious surface. They shall be planted with
sufficient organic sanitary material, topsoil, peat moss and the like
so that the same shall be likely to thrive.
K.
The planting areas shall be designed to be of plant material that
requires a minimum amount of maintenance. Such planted areas shall
be maintained in a clean and presentable manner with live plant materials
in healthy, disease-free condition, and the owner of the property
shall replace any materials that die or become disease-ridden within
30 days after the season permits and after written notice, by certified
mail, return receipt requested, to the owner or occupant.
L.
The following design and architectural criteria shall apply to all
construction or alteration of construction within the CB Zone:
(1)
There shall be a common architectural theme by use of materials of
wood and brick character, with a color scheme of the natural earth
spectrum.
(2)
Emphasis shall be placed upon creating a desirable pedestrian atmosphere
with walkways, benches, landscaping and other similar appurtenances.
(3)
Parking areas shall be broken up by planted areas, trees and shrubs
to avoid a continuous blacktop appearance.
M.
Signs.
(1)
Area of signs, as used herein, shall be the surface area computed
by drawing a rectangle touching the outermost edges of letters comprising
the sign or the area established by reason of distinctive variation
in background color by borders or by some other equivalent manner,
whichever is greater.
(2)
No person shall erect, alter, relocate, maintain, reconstruct or
cause to be erected, altered, relocated or reconstructed any sign
of any type or description without first having applied for and secured
a sign permit from the Construction Official.
(3)
Signs shall only identify the activity, conduct or product sold upon
the premises upon which such signs are located.
(4)
No more than one sign unit shall be permitted on any one building,
and the total sign area on any one building shall not exceed the lesser
of 200 square feet or 5% of the total wall area on which it is located.
(5)
A wall sign shall not be permitted to project more than one foot
beyond the wall or above the roofline of the building upon which it
is located.
(6)
No sign shall be illuminated by intermittent, rotating or flashing
lighting nor shall such illumination be of varying intensity or be
channel or open neon.
(7)
Upon termination of the business, all signs pertaining thereto shall
be removed within 15 days.
(8)
All signs and all lights used in connection with the operation of
any business shall be extinguished by 11:00 p.m. or upon the close
of the business serviced by said signs or lighting, whichever first
occurs. Notwithstanding the foregoing, the Chief of Police, subject
to the approval of the Mayor and Council, may authorize lighting specifically
designed for the protection of properties otherwise subject to this
subsection, which lighting, when authorized, shall be exempt from
the provisions hereof.
