Borough of Garwood, NJ Zone Regulations

[Amended 7-12-1994 by Ord. No. 94-14; 6-28-2011 by Ord. No. 11-07; 7-12-2011 by Ord. No. 11-04; 7-12-2011 by Ord. No. 11-05; 7-12-2011 by Ord. No. 11-08]

For the purposes of this chapter, the Borough of Garwood is hereby divided into zones differentiated as to use and bulk regulations and to be designated as follows:

Single Family Residential Zone	RA
Single Family Residential Zone	RA1
Two Family Residential Zone	RB
Central Business District	CBD
General Business District	GBD
Community Commercial Zone	CC
Light Industrial Zone	LI
Industrial District	ID
Transportation District	T
Public Open Space Zone District	POS
Public Lands Zone District	PL
Mixed Use District Zone	MUD

§ 106-89 Zoning Map.

[Amended 7-12-1994 by Ord. No. 94-14]

The location and boundaries of each of the above zone districts are hereby established as shown on a map entitled "Zoning Map, Borough of Garwood, New Jersey, dated January 1979," and amended May 1991, and June 20 1994, which map accompanies and is hereby made a part of this chapter.[1]

[1]

Editor's Note: The Zoning Map is on file in the office of the Borough Clerk.

The zone district boundary lines are generally intended to follow street center lines, lot lines as they exist on lots of record at the time of enactment of this chapter, railroad right-of-way lines, and stream corridor lines and the like as indicated on the Zone Map unless otherwise indicated by dimensions of the Zoning Map. In case of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Planning Board. Any use or structure, including signage, newspaper stands or other physical entity proposed within a public right-of-way requires the approval of Borough Council.

[Amended 12-10-2002 by Ord. No. 02-28]

§ 106-90 Effect of zone designation/regulation.

Zoning affects all land, structures and uses thereof; zoning standards, controls and designations apply equally to every lot, structure, and use within each district and the district lines vertically in both directions from ground level. No land or premises may be used and no structure can be erected, raised, moved, enlarged, extended, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land and structure(s) are located, and all uses and construction shall be in conformity with the regulations provided for the zone district in which such land or structure(s) are located. Any use not expressly permitted is prohibited.

§ 106-91 Single Family Residential Zone - RA Zone.

[Amended 2-25-1997 by Ord. No. 97-02]

Purpose. This zone is designed for single-family dwelling units at a moderate density level of approximately eight units per acre.

[Amended 3-9-2004 by Ord. No. 04-03]

Permitted uses:

(1)

Single-family detached dwelling units.

(a)

Kitchens above the first floor are not permitted. In split-level homes, one kitchen is allowed above the lowest first level which typically includes a garage.

[Added 5-27-2021 by Ord. No. 21-06]

(2)

Accessory uses that are customary and incidental to single-family dwelling units as described in § 106-107.

(3)

Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.

(4)

Home occupations conforming to § 106-108.

(5)

Public parks and playgrounds.

(6)

Accessory apartment for senior citizens conforming to § 106-105.

(7)

The boarding of two persons per dwelling unit in rooms that do not constitute separate housekeeping units and where the outside entrance to the rented rooms is the same entrance to the remainder of the housekeeping unit. No cellar can be used as a dwelling unit for boarders.

Required bulk conditions (see also chart in § 106-93.1):

[Amended 3-9-2004 by Ord. No. 04-03; 7-27-2004 by Ord. No. 04-11; 4-26-2005 by Ord. No. 05-08; 2-11-2014 by Ord. No. 14-03; 5-27-2021 by Ord. No. 21-06]

(1)

Lot size: 5,000 square feet minimum.

(2)

Yards:

(a)

Front: 25 feet minimum and 35 feet maximum.

(b)

Rear: 25% of the lot depth, except that in no event will a rear yard be less than 35 feet.

(c)

Side: 10% of the lot width on both sides, except that in no case will a side yard be less than five feet. When the lot in question is a corner lot, the side yard shall conform to 50% of the required front yard setbacks on said side street as determined by the front yard requirement for the zoning district, but not less than 10 feet.

(3)

Lot depth: 100 feet minimum.

(4)

Lot width: 50 feet minimum.

(5)

Height: 2 1/2 stories and 30 feet maximum.

(6)

Open space: 50% minimum, of total lot area.

(7)

Impervious lot coverage: Impervious surfaces shall cover no more than 60% of the lot.

(8)

Maximum dwelling size or floor area ratio (FAR):

Lot Size (square feet)	FAR	Maximum Dwelling Size (square feet)
0-5,000	0.54=54%	Use FAR
5,001-6,000		2,900
6,001-8,000		3,200
8,001 and above		3,500

Note: To obtain floor area ratio (FAR), multiply the lot area by the ratio. This yields the maximum square footage of the dwelling.

(9)

External front steps: constructed of masonry or wood and no higher than five feet.

§ 106-92 Single Family Residential Zone - RA1 Zone.

[Amended 2-25-1997 by Ord. No. 97-02]

Purpose. This zone is designed for single-family dwelling units at a density level of approximately six units per acre. It is the intent of this zone, created via Ordinance 91-12 and adopted on July 7, 1991, to maintain the existing integrity and lot sizes of developed properties fronting on Center Street, the "Main Street" of the Borough.

Permitted uses:

(1)

Single-family detached dwelling units.

(a)

Kitchens above the first floor are not permitted. In a split-level home, one kitchen is allowed above the lowest first level which typically includes a garage.

[Added 5-27-2021 by Ord. No. 21-06]

(2)

Accessory uses that are customary and incidental to single-family dwelling units as described in § 106-107.

(3)

Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for person with head injuries.

(4)

Home occupations conforming to § 106-108.

(5)

Public parks and playgrounds.

(6)

Accessory apartment for senior citizens conforming to § 106-105.

(7)

Required bulk conditions (see also chart in § 106-93.1):

[Amended 7-27-2004 by Ord. No. 04-11; 4-26-2005 by Ord. No. 05-08; 2-11-2014 by Ord. No. 14-03; 5-27-2021 by Ord. No. 21-06

(1)

Lot size: 7,000 square feet minimum.

(2)

Yards:

(a)

Front: 40 feet minimum.

(b)

Rear: 25% of the lot depth, except that in no case will a rear yard be less than 35 feet.

(c)

(3)

Lot depth: 140 feet minimum.

(4)

Lot width: 50 feet minimum.

(5)

Height: 2 1/2 stories and 30 feet maximum.

(6)

Open space: 60% minimum, of total lot area.

(7)

Impervious lot coverage: impervious surfaces shall cover no more than 60% of the lot.

(8)

Maximum dwelling size or floor area ratio (FAR):

Lot Size (square feet)	FAR	Maximum Dwelling Size (square feet)
0-5,000	0.54=54%	Use FAR
5,001-6,000		2,900
6,001-8,000		3,200
8,001 and above		3,500

Note: To obtain floor area ratio (FAR), multiply the lot area by the ratio. This yields the maximum square footage of the dwelling.

(9)

External front steps: Constructed of masonry or wood and no higher than five feet.

§ 106-93 Two Family Residential Zone - RB Zone.

[Amended 2-25-1997 by Ord. No. 97-02]

[1]Purpose. This zone is designed to accommodate single- and two-family dwelling units. The zone is also designed to act as a transition zone between the single-family residential zones and the commercial districts of the Borough.

[1]

Editor's Note: Former Subsection A, Purpose, was repealed 7-27-2004 by Ord. No. 04-11.

Permitted uses:

(1)

Single-family detached dwelling units.

(2)

Two-family dwelling units when the dwelling units are separated by unpierced ceilings and floors, not walls.

(3)

Accessory uses that are customary and incidental to single- and two-family dwelling units as described in § 106-107.

(4)

Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.

(5)

Home occupations conforming to § 106-108.

(6)

Public parks and playgrounds.

(7)

Accessory apartment for senior citizens conforming to § 106-105.

(8)

Required bulk conditions (see also chart in § 106-93.1):

[Amended 7-27-2004 by Ord. No. 04-11; 4-26-2005 by Ord. No. 05-08; 2-11-2014 by Ord. No. 14-03; 5-27-2021 by Ord. No. 21-06]

(1)

Lot size. Every lot within this zone shall meet the minimum lot size requirements for lots in the RA Zone.

(2)

Yards:

(a)

Front: 25 feet minimum and 35 feet maximum.

(b)

Rear: 25% of the lot depth, except that in no case will a rear yard be less than 35 feet.

(c)

(3)

Lot depth: 100 feet minimum.

(4)

Lot width: 50 feet minimum.

(5)

Height: for a single-family dwelling, 2 1/2 stories and 30 feet maximum; for a two-family dwelling, 2 1/2 stories and 32 feet maximum.

(6)

Open space: for a single-family dwelling or two-family dwelling, 50% minimum.

(7)

(Reserved)

(8)

Maximum dwelling size or floor area ratio (FAR):

Lot Size (square feet)	FAR	Maximum Dwelling Size (square feet)
0-5,000	0.54=54%	Use FAR
5,001-6,000		2,900
6,001-8,000		3,200
8,001 and above		3,500

Note: To obtain floor area ratio (FAR), multiply the lot area by the ratio. This yields the maximum square footage of the dwelling.

(9)

Impervious lot coverage: Impervious surfaces shall cover no more than 60% of the lot.

(10)

External front steps: Constructed of masonry or wood and no higher than five feet.

§ 106-93.1 Table.

[Added 5-27-2021 by Ord. No. 21-06]

Requirement	Zone RA	Zone RA-1	Zone RB
Type of residence	Single-family	Single-family	Single- or two-family
Lot area minimum	5,000 square feet	7,000 square feet	5,000 square feet
Yards:
Front	25 feet minimum, 35 feet maximum	40 feet minimum	25 feet minimum, 35 feet maximum
Rear	25% of lot depth, not less than 35 feet	25% of lot depth, not less than 35 feet	25% of lot depth, not less than 35 feet
Side (on both sides)	10% of lot width, not less than 5 feet	10% of lot width, not less than 5 feet	10% of lot width, not less than 5 feet
Side-corner lot	10 feet minimum*	10 feet minimum**	10 feet minimum**
Lot depth minimum	100 feet	140 feet	100 feet
Lot width minimum	50 feet	50 feet	50 feet
Height	2 1/2 stories and 30 feet maximum	2 1/2 stories and 30 feet maximum	2 1/2 stories and 30 feet maximum for one-family dwelling; for a two-family dwelling, 2 1/2 stories and 32 feet maximum
Open space	50% maximum of total lot area	60% maximum of total lot area	50% maximum of total lot area
Impervious lot coverage	60% maximum of lot area	60% maximum of lot area	60% maximum of lot area
Maximum dwelling size
Floor area ratio
0 to 5,000 square feet	0.54=54% (FAR)	0.54=54% (FAR)	0.54=54% (FAR)
5,001 to 6,000 square feet	2,900 square feet	2,900 square feet	2,900 square feet
6,001 to 8,000 square feet	3,200 square feet	3,200 square feet	3,200 square feet
8,001 and above square feet	3,500 square feet	3,500 square feet	3,500 square feet
External front steps	Constructed of masonry or wood and no higher than 5 feet	Constructed of masonry or wood and no higher than 5 feet	Constructed of masonry or wood and no higher than 5 feet

*Full compliance with § 106-91C(2)(c) required.

**Full compliance with § 106-92C(2)(c) required.

***Full compliance with § 106-93C(2)(c) required.

§ 106-94 Central Business District - CB Zone.

[Amended 9-14-1993 by Ord. No. 93-28; 2-25-1997 by Ord. No. 97-03; 12-26-2017 by Ord. No. 17-29]

Purpose. This zone is designed to be the central retail shopping or trade area of the Borough. In order to create an active, mixed-use area, professional offices, as well as apartment units will be permitted on upper floors of structures. It is the intent of the standards of this zone to encourage design that will promote pedestrian activity and safety as well as a solid core of business uses.

Permitted uses. The Borough has utilized the Standard Industrial Code (SIC) to develop categories of uses which are permitted in the CB Zone. All uses within these categories are permitted unless specifically excluded. A copy of this manual is available in the Construction Office for review. These uses are only permitted when located inside permitted structures.

(1)

Retail trade uses when located on the first or ground floor of a structure as follows: Major Group 52, building materials, hardware, garden supply, and mobile home dealers, only the following industry numbers - 5231 (paint, glass and wallpaper stores), 5251 (hardware stores); Major Group 53, general merchandise stores; Major Group 54, food stores, provided that the maximum area does not exceed 4,000 square feet; Major Group 56, apparel and accessory stores; Major Group 57, furniture, home furnishings and equipment stores; Major Group 59, miscellaneous retail excluding 5931 (used merchandise stores), 596 (nonstore retailers) and 598 (fuel oil and ice dealers) and including industry number 5999 (miscellaneous retail stores, not elsewhere classified) only those establishments specifically listed excluding the sale of fireworks; and in Major Group 72, personal services, only the following industry numbers - 7221 (photographic studios, portraits), 7231 (beauty shops), 7241 (barber shops), 7251 (shoe repair shops, shoe shine parlors, and hat cleaning shops), 7841 (video tape rental only).

(2)

Professional offices, as defined in § 106-4 of this chapter when located on upper floors of a structure.

(3)

Apartment units as defined in § 106-4 of this chapter, when located above the first floor, provided that a minimum of 15% of the apartments shall be set aside for occupancy by, and shall be deed-restricted as to their affordability to, qualified low-, very-low- and moderate-income households in accordance with all requirements of the Borough's adopted Affordable Housing Ordinance, Chapter 106, Article XIV, of the Borough Code.

(4)

Child-care centers.

Required bulk conditions:

(1)

Lot area: 2,000 square feet minimum.

(2)

Yards:

(a)

Front. No front yard setback is required.

(b)

Rear. Where the rear property zone is adjacent to a residential zone, a rear yard of not less than one foot for every two feet of height of the principal structure is required. Where the rear property line is not adjacent to a residential zone, a rear yard of five feet is required.

(c)

Side. No side yard will be required unless the side property line is adjacent to a residential zone, where a minimum side yard of five feet, which is to be heavily landscaped, is required.

(3)

Lot depth: 100 feet minimum.

(4)

Lot width: 20 feet minimum.

(5)

Height: 40 feet maximum.

(6)

Open space: none.

(7)

Building coverage. The minimum lot coverage of the principal structure shall be 60% of the total lot area.

§ 106-95 Community Commercial Zone (CC).

[Added 7-12-1994 by Ord. No. 94-14]

Purpose.

(1)

This zone's primary purpose is to encourage and promote the conversion of underutilized industrial properties to active, mixed-use areas consisting of retail, professional office, and service business uses in close proximity to the Central Business (CB) Zone and mass transit. A second purpose is to encourage clustered uses that are larger in scale than those that are appropriate for the CB and GB Zones, but only of a size and intensity of a neighborhood shopping center, not that of a regional shopping center. Finally, through large minimum lot sizes, promotion of mixed uses, specific pedestrian and parking design regulations, and encouragement of provisions for mass transit access, it is the intent of this zone to encourage pedestrian activity centered around an intensive core of mixed uses.

(2)

Permitted uses in the CC Zone are to be developed as part of comprehensive developments of different size uses. Retail uses that will serve in support of, and not as a detriment to, those retail uses in the CB Zone are encouraged. Parking and circulation plans coordinated with adjacent property owners to provide shared parking, reduce driveway openings, and promote safer and more efficient on-site circulation patterns are encouraged. Anchor units are permitted to be single store facilities, provided they are linked with other uses to form one comprehensive development advancing the zone's primary purpose. Developments in the CC Zone shall be planned in a coordinated and comprehensive manner with careful attention paid to access, parking pedestrians, aesthetics, landscaping, signage and lighting.

Permitted uses. The Borough has utilized the Standard Industrial Code (SIC) to develop categories of uses which are permitted in the CC Zone. The codes used are contained in the 1987 Edition of the Executive Office of the President-Office of Management and Budget's Standard Industrial Classification Manual, a copy of which is available in the Construction Office for review. All uses within these categories are permitted unless specifically excluded. These uses are only permitted when located inside permitted structures.

(1)

Retail trade uses, limited to a maximum unit size of 17,000 square feet, unless specifically noted otherwise, as follows: Major Group 52, building materials, hardware, garden supply, and mobile home dealers, only the following industry numbers - 5231 (paint, glass and wallpaper stores), 5251 (hardware stores); Major Group 53, general merchandise stores; Major Group 54, food stores of a maximum size of 60,000 square feet; Major Group 56, apparel and accessory stores; Major Group 57, furniture, home furnishings and equipment stores; Major Group 59, miscellaneous retail excluding 5932 (used merchandise stores), 596 (non-store retailers) and 598 (fuel oil dealers), and including in industry number 5941 (sporting goods and bicycle shops) only those establishments specifically listed excluding ammunition-retail, and firearms retail, and including in industry number 5999 (miscellaneous retail stores, not elsewhere classified), only those establishments specifically listed, excluding the sale of fireworks; Major Group 72, personal services, only the following industry numbers 7221 (photographic studios, portraits), 7231 (beauty shops), 7241 (barber shops), 7251 (shoe repair shops, shoe shine parlors, and hat cleaning shops), and in Major Group 78, motion pictures, industry number 784 (video tape rental) only.

(2)

Retail business services uses, limited to a maximum unit size of 6,000 square feet, as follows: Major Group 60, banking, excluding industry number 6059 (establishments performing functions closely related to deposit banking not elsewhere classified); Major Group 61, credit agencies other than banks; Major Group 62, security and commodity brokers, dealers, exchanges and services,; Major Group 63, insurance; Major Group 64, insurance agents, brokers and service; Major Group 65, real estate, only the following industry numbers 6531 (real estate, agents and managers), and 6541 (title abstract offices); Major Group 72, personal services excluding 7299 (miscellaneous personal services); Major Group 73, business services excluding industry number 7399 (business services, not elsewhere classified); Major Group 76, miscellaneous repair services, including within 7699 (repair shops and related services, not elsewhere classified) only those establishments specifically listed except agricultural equipment repair, fire control equipment repair, gunsmith shops, industrial truck repair, motorcycle service repair, and tractor repair; Major Group 79, industry number 7911 (including dance studios and schools, but excluding dance halls), and 7933 (bowling alleys); Major Group 86, membership organizations, industry number 8611 (business associations), 8621 (professional membership organizations); 8631 (labor union and similar labor organizations); 8641 (civic, social and fraternal associations) and 8651 (political organizations) only, and Major Group 87 (engineering, accounting, research, management, and related services), excluding industry number 8731 (commercial physical and biological research), 8733 (noncommercial research organizations), and 8734 (testing laboratories).

(3)

Professional offices, as defined in § 106-4 of this chapter, excluding industries specifically excluded above.

(4)

Child care centers.

(5)

Health club.

[Added 7-12-2011 by Ord. No. 11-06]

Use limitations:

(1)

The above permitted uses are only permitted when located inside permitted structures. Outdoor storage is only permitted as an accessory use in accordance with § 106-111 of this chapter.

(2)

Unit sizes. Each mixed use development shall have at least one anchor unit of a minimum 12,000 square feet. The average unit size of retail units within the development outside of the anchor unit shall be greater than 2,000 square feet. No one unit, other than as specifically permitted elsewhere in this chapter, shall be greater than 17,000 square feet or smaller than 500 square feet. (The references to unit sizes in these regulations transfer the Borough's intent to require a variety of uses in any CC Zone development.)

Bulk regulations:

(1)

Lot area: 100,000 square feet minimum.

(2)

Yards:

(a)

Front: 10 feet minimum.

(b)

Rear: 10 feet minimum.

(c)

Side: 10 feet minimum.

(3)

Lot depth: 200 feet minimum.

(4)

Lot width: 500 feet maximum.

(5)

Height: 40 feet maximum.

(6)

Building coverage: 35% maximum.

(7)

Open space: 15% of total lot area.

Pedestrian plan: separate pedestrian plan is to be submitted to the approving authority for each development in the Community Commercial Zone. This plan is to include the following:

(1)

Provision for all pedestrian users to access each use from the public right-of-way via a separate pedestrian walk in addition to any access through the parking area. This walk is to have a grade separation from the parking area, and is to be a minimum of six feet wide.

(2)

Provision of covered pedestrian walkways along each wall that is to be utilized by pedestrians for access into a unit and, to the extent possible and practicable, connecting each unit to one another. These walkways are to have a grade separation from the parking area, and are to be a minimum of 10 feet wide. Such covered walkways are not included in building coverage calculations.

Mass transit. All developments within the Community Commercial Zone are to provide pedestrian access to any nearby mass transit bus or rail facilities through such techniques as the provision of bus shelters, commuter parking facilities, and/or direct access, or other appropriate means acceptable to the approving authority.

Adjustment to bulk regulations. Where a shared parking arrangement with an adjacent property owner has been presented for approval to the approving authority pursuant to § 106-114E of this chapter, the lot area, lot width, building coverage and open space requirements set forth in § 106-95, Subsection D (Bulk regulations) shall be calculated as though the subject property and the adjacent property with which a shared parking arrangement has been proposed are combined to form one unified parcel of land.

Exceptions. Notwithstanding the above lot area, depth and width requirements, existing nonconforming single lots may be developed for permitted uses without consolidation with other lots, provided that the owner does not own any adjacent land and there is no vacant adjacent land. Any such development, however, must include a structure of a minimum of 15,000 square feet. All other bulk regulations of this zone are applicable.

§ 106-96 General Business District - GB Zone.

[Amended 9-14-1993 by Ord. No. 93-28; 2-25-1997 by Ord. No. 97-03]

Purpose. This zone is designed for retail trade, retail/business services, professional, business and administrative offices, and commercial uses that require larger lots and are more dependent on auto traffic. This zone is also intended to function as a transition zone between residential and industrial zones.

Permitted uses. The Borough has utilized the Standard Industrial Code (SIC) to develop categories of uses which are permitted in the GB Zone. All uses within these categories are permitted unless specifically excluded. A copy of this manual is available in the Construction Office for review. These uses are only permitted when located inside permitted structures.

(1)

Retail trade as described in § 106-94B(1) unless specifically excluded below.

(2)

Professional offices as described in § 106-94B(2).

(3)

Retail/business service uses as follows. Major Group 60, banking, excluding industry number 6059 (establishments performing functions closely related to deposit banking, not elsewhere classified); Major Group 61, credit agencies other than banks; Major Group 62, security and commodity brokers, dealers, exchanges and services; Major Group 63, insurance; Major Group 64, insurance agents, brokers and service; Major Group 65, real estate, only the following industry numbers, 6531 (real estate agents and managers), and 6541 (title abstract offices); Major Group 72, personal services excluding 7299 (miscellaneous personal services); Major Group 73, business services excluding industry number 7399 (business services, not elsewhere classified; Major Group 76, miscellaneous repair services, excluding 7699 (repair shops and related services, not elsewhere classified); Major Group 79, industry number 7911 (including dance studios and schools, but excluding dance halls), and 7933 (bowling alleys) only; Major Group 86 (membership organizations), 8611 (business associations), 8621 (professional membership organizations), (civic, social and fraternal associations) and 8651 (political organizations) only.

(4)

Child care centers.

Required bulk conditions:

(1)

Lot area: 7,000 square feet minimum.

(2)

Yards:

(a)

Front: 10 feet minimum.

(b)

Rear. Where the rear property zone is adjacent to a residential zone, a heavily landscaped rear yard of not less than one foot for every two feet of height of the principal structure is required, but not less than 10 feet. Where the rear property line is not adjacent to a residential zone, a rear yard of three feet is required.

(c)

Side. Where the side property line is adjacent to a residential zone, or a residential property, a heavily landscaped side yard of five feet is required; where the property is a corner lot, a minimum side yard of 10 feet is required adjacent to the street; a three-foot side yard is required in all other cases.

(3)

Lot depth: 100 feet minimum.

(4)

Lot width: 70 feet minimum.

(5)

Height: three stories or 40 feet maximum.

(6)

Open space: 15% minimum of total lot area.

(7)

Building coverage. The minimum lot coverage of the principal structure shall be 30% of the total lot area.

§ 106-97 Industrial/Commercial District - I Zone.

[Amended 9-14-1993 by Ord. No. 93-28; 2-25-1997 by Ord. No. 97-03]

Purpose. This zone is designed for industrial and heavy commercial uses that are not appropriately located adjacent to residential zones due to truck traffic, environmental considerations or utilitarian or operational requirements.

Permitted uses. The Borough has utilized the Standard Industrial Code (SIC) to develop categories of uses which are permitted in the I Zone. All uses within these categories are permitted unless specifically excluded. A copy of this manual is available in the Construction Office for review. These uses are only permitted when located inside permitted structures.

(1)

Industrial/heavy commercial uses as follows: Major Group 50, wholesale trade-durable goods, including 5041, sporting and recreational goods and supplies except ammunition and firearms; Major Group 51, wholesale trade - non-durable goods, except industry number 5161 (chemical and allied products), group number 517 (petroleum and petroleum products), and industry number 5198 (paints, varnishes and supplies); Major Group 75, automotive repair, services and garages, including group number 753 (automotive repair shops) only, Major Group 54, food stores, provided that the area shall be between 4,001 and 60,000 square feet.

(2)

Light industrial and light manufacturing uses.

(3)

Child care centers.

Required bulk conditions:

(1)

Lot area: 30,000 square feet minimum.

(2)

Yards:

(a)

Front: 25 feet minimum.

(b)

Rear: 10 feet, unless additional width is required for emergency access.

(c)

Side: 10 feet minimum.

(3)

Lot depth: 200 feet minimum.

(4)

Lot width: 100 feet minimum.

(5)

Height: 40 feet maximum.

(6)

Open space: 15% minimum of total lot area.

(7)

Building coverage. The minimum lot coverage of the principal structure shall be 40% of the total lot area.

§ 106-98 Light Industrial Zone.

[Amended 7-12-1994 by Ord. No. 94-14; 2-25-1997 by Ord. No. 97-03]

Purpose. This zone is designed to protect and concentrate those commercial and industrial/manufacturing uses that are currently viable and those sites for which industrial/commercial reuse is feasible and probable. It is also designed for those industrial and heavy commercial uses which have a minimum of environmental impacts but have vehicular traffic, or utilitarian or operational requirements that make them more appropriately located adjacent to major arterials and these compatible land uses, rather than residential uses.

Permitted uses. The Borough has utilized the Standard Industrial Code (SIC) to develop categories of uses which are permitted in the LI Zone. The codes used are contained in the 1987 Edition of the Executive Office of the President-Office of Management and Budget's Standard Industrial Classification Manual, a copy of which is available in the Construction Office for review. All uses within these categories are permitted unless specifically excluded. These uses are only permitted when located inside permitted structures.

(1)

Industrial/heavy commercial uses as follows: Major Group 50, wholesale trade-durable goods, including 5091, sporting and recreational goods and supplies, except ammunition and firearms; Major Group 51, wholesale trade-non-durable goods, except 516 (chemical and allied products), Group Number 517 (petroleum and petroleum products), 5198 (paints, varnishes and supplies); Major Group 75, automotive repair, services and garages, including Group Number 753 (automotive repair shops) only.

(2)

Light industrial and manufacturing uses as follows: Major Group 25, furniture and fixtures; Major Group 26, paper and related products; Major Group 27, printing and publishing; Major Group 34, fabricated metals, except machinery; Major Group 35, machinery and computers; Major Group 36, electronic and electrical, except computers; Major Group 38, measuring, analyzing and controlling instruments, photogenic, medical and optical, and watches and clocks.

(3)

Major Group 54, food stores of not more than 60,000 square feet.

(4)

Child care centers.

Use limitations:

(1)

Warehouse establishments that are designed for selling merchandise in the above group categories, rather than storing such merchandise are not permitted in this zone. Such establishments are considered retail trade uses.

(2)

The above permitted uses are only permitted when located inside permitted structures. Outdoor storage is only permitted as an accessory use in accordance with § 106-111 of this chapter.

Bulk regulations:

(1)

Lot area: 30,000 square feet minimum.

(2)

Yards:

(a)

Front: 10 feet minimum.

(b)

Rear: 10 feet minimum.

(c)

Side: 10 feet minimum.

(3)

Lot depth: 200 feet minimum.

(4)

Lot width: 100 feet minimum.

(5)

Height: 40 feet maximum.

(6)

Building coverage: 40% minimum.

(7)

Open space: 15% of total lot area minimum.

Adjustment to bulk regulations. Where a shared parking arrangement with an adjacent property owner has been presented for approval to the approving authority pursuant to § 106-114E of this chapter, the lot area, lot width, building coverage, and open space requirements set forth in § 106-98, Subsection D (Bulk regulations) shall be calculated as though the subject property and the adjacent property with which a shared parking arrangement has been proposed are combined to form one unified parcel of land.

§ 106-98.1 Transportation (T) Zone District.

[Added 6-28-2011 by Ord. No. 11-07]

Purpose. The zone is designed to contain all of the publicly owned tracts of land in the Borough which are utilized for public transportation. There are approximately 116.31 +/- acres of land which contain the street rights-of-way and transportation rights-of-way in the Borough of Garwood. The Transportation Zone District is being created to establish a separate zone for all of the publicly owned street rights-of-way and transportation rights-of-way as depicted on the Zoning Map, last amended April 2011.[1]

[1]

Editor's Note: The Zoning Map is on file in the Borough offices.

Permitted uses:

(1)

Public streets and rights-of-way.

(2)

Public transportation rights-of-way.

Required bulk conditions:

Lot area: n/a.

Yards:

Front: n/a.

Side: n/a.

Side: n/a.

Lot depth: n/a.

Lot width: n/a.

Height: n/a.

Open space: n/a.

Building coverage: n/a.

§ 106-98.2 Public Open Space (POS) Zone District.

[Added 7-12-2011 by Ord. No. 11-04]

Purpose. The zone is designed to contain all of the publicly owned parks, playgrounds and other public open spaces owned by the Borough.

Permitted uses:

(1)

Public parks, playgrounds, athletic fields, open space and other publicly owned recreational areas whether developed or undeveloped.

Required bulk conditions:

(1)

Lot area: n/a.

(2)

Yards:

(a)

Front: 25 feet minimum.

(b)

Side: 15 feet minimum.

(c)

Rear: 15 feet minimum.

(3)

Lot depth: n/a.

(4)

Lot width: n/a.

(5)

Height: 25 feet maximum.

(6)

Open space: 90%.

(7)

Building coverage: 10%.

§ 106-98.3 Public Lands (PL) Zone District.

[Added 7-12-2011 by Ord. No. 11-05]

Purpose. The zone is designed to contain all of the publicly owned tracts of land in the Borough which are owned by the Borough or Board of Education and are developed with buildings and structures.

Permitted uses:

(1)

Public buildings and public schools, grounds and facilities.

(2)

Municipal buildings and municipal grounds and facilities.

Required bulk conditions:

(1)

Lot area: n/a.

(2)

Yards:

(a)

Front: 25 feet minimum.

(b)

Side: 15 feet minimum.

(c)

Rear: 15 feet minimum.

(3)

Lot depth: n/a.

(4)

Lot width: n/a.

(5)

Height: 40 feet maximum.

(6)

Open space: 15% minimum of the total lot area.

(7)

Building coverage: 60%.

§ 106-98.4 Mixed Use District.

[Added 7-12-2011 by Ord. No. 11-08]

The following development regulations and schedule of area, yard and building requirements shall apply to the Mixed Use District.

Purpose. The MUD Zone has been created from properties which were formerly located in the Industrial District, being the same properties which were part of the Chestnut Redevelopment Plan.

Land uses and building requirements: The following permitted land uses and building requirements shall be applicable to all development in the MUD Zone.

(1)

Permitted land uses.

(a)

The permitted uses are: Residential/retail commercial.

[1]

Single bedroom commuter-type apartments shall be permitted within the limits of Block 109, Lot 1, and Block 106, Lot 9.10. No residential apartments shall be permitted on the ground floor. Residential apartments shall only be on the second and third floors. The maximum square feet of the apartments shall be 1,200 square feet.

[2]

Age-restricted townhouses shall be permitted within the limits of Block 106, Lot 8.10, which satisfy the legal definition of senior housing per the FHA which can legally exclude families with children. In accordance with the FHA, at least 80% of the dwelling units shall house at least one person who is 55 or older. No more than 20% of the dwelling units (i.e., eight units) may be occupied by households containing at least one person who may be less than 55 years but is at least 50 years old. No persons under the age of 18 years of age may permanently reside within the townhouse units. All parking is to be in the rear of the dwelling units.

[3]

Small-scale retail. The permitted retail/commercial uses shall be permitted within the limits of Block 109, Lot 1, and Block 106, Lot 9.10, and shall be the same as those permitted in Garwood's Community Commercial Zone and as specified under Chapter 106.

(b)

Limitations placed on the retail/commercial uses.

[1]

No retail/commercial store shall be greater than 6,000 square feet in GFA. The maximum amount of retail square footage shall not exceed 21,500 square feet.

[2]

All retail uses must be placed within 180 linear feet of North Avenue.

[3]

No drive-through operations shall be permitted.

[4]

No twenty-four-hour-a-day operations shall be permitted.

[5]

The following uses shall be prohibited: pharmacy, nail salons, beauty parlors, tattoo/body piercing, mobile homes sales, hardware stores, barber shops, hat cleaning, video stores, motorcycle/auto/truck repairs.

[6]

The land use designation contemplates a mixed-use development that may include residential uses consisting of one-bedroom market-rate apartments constructed above retail and commercial uses on the ground floor. The apartments shall be designed with commuters in mind. Since the development will not contain sufficient open space or grassed areas, the apartments shall be limited to single-bedroom apartments.

(2)

Building requirements. The following requirements shall be applicable to all development in the MUD Zone.

(a)

Building height requirements. The maximum building height shall be 3 1/2 stories or 45 feet for the residential/retail commercial buildings, and three stories or 35 feet for the age-restricted townhouses. The building height shall be measured as defined by the Borough's Ordinance.

(b)

Density requirements. The maximum density shall be 12 to 15 dwelling units per acre (du/acre) for the age-restricted senior townhouse units and 22.5 dwelling units per acre for the one-bedroom apartment units. The Planning Board per the square footage of the dwelling units can adjust these listed limits.

(c)

Front, side and rear yard setback requirements.

		Residential commercial/retail	Townhouses
Lot area, minimum		1.5 acres	1.5 acres
Lot width, minimum		200 feet	200 feet
Lot depth, minimum		200 feet	200 feet
Yards:
	Front yard setback, minimum	0 feet	20 feet
	Side yard setback, minimum	0 feet	20 feet
	Rear yard setback, minimum	20 feet	20 feet
Lot coverage, minimum		75% combined	75%
Maximum building coverage		35%	35%

(d)

Open space and landscaping requirements.

[1]

The minimum lot area devoted to landscaped open space shall be 20% of the total site.

[2]

With prior written permission from the Borough Council, the development may utilize the sidewalk area in its streetscape plan. Landscaping planted alongside the existing curbline shall be considered to buffer the pedestrian traffic from the automobiles traveling along the North Avenue corridor. The landscape areas shall be defined by a low-lying wrought iron style fence. Outdoor dining, tables and umbrellas may be incorporated within the streetscape design in keeping with the "Design Refinements" prepared by the applicant and approved by the Borough Planning Board on February 23, 2005.

[3]

A "Cafe Zone" is proposed at the intersection of Chestnut Street and North Avenue. This Cafe Zone may be partially located within the right-of-way of the Borough of Garwood. Prior to receiving construction permits for any development within the Cafe Zone, detailed plans must be approved by the Planning Board.

(e)

Off-street parking requirements.

[1]

Off-street parking serving the residential units shall be per the Residential Site Improvement Standards (RSIS).

[2]

Off-street parking serving the retail commercial uses shall be provided on-site in a ratio of one off-street parking space for each 300 square feet of gross building floor area devoted to retail commercial use.

[3]

Each off-street parking space shall have a minimum width of nine feet, a minimum length of 18 feet and shall have direct access to an aisle that is no less than 24 feet in width.

(3)

Additional development standards and regulations. All development in the MUD shall comply with the following additional development standards and regulations.

(a)

Building design.

[1]

The layout and design of all buildings shall be an integral part of the total development of the parcel. The design of buildings must endeavor to achieve excellence in scale, form, functional utility, appropriateness and relationship to adjoining buildings. All facades and building materials must be submitted in a complete design package to the Planning Board for approval. The design package shall include facade materials, windows, doors, surface covers, rooflines, all exterior finishes, lighting (metal halide only), waste treatment, floor plans, color schemes and like items. The developer shall submit a detailed design package prior to seeking building permits.

[2]

The developer shall either:

[a]

Provide the age-restricted townhouse units with a complete residential fire sprinkler system; or

[b]

Design the construction of the age-restricted townhouse units to comply with a two-hour fire rating subject to approval by the Garwood Fire Official.

[3]

The developer is to construct the retail and apartment units fronting along North Avenue with a complete fire sprinkler system. This system is be designed by a licensed mechanical engineer with plans and specifications submitted to the Fire Subcode Official and Garwood Fire Official for approval.

[4]

Contained within the developer's "Design Refinements" dated January 27, 2005, are design elements labeled as a "Kit of Parts." All building facade designs and elements (Kit of Parts) must be submitted and approved by the Borough Zoning Officer before building permits are issued. The storefront facade, design and Kit of Parts are to be in keeping with the approved Design Refinements.

(b)

Off-street parking facilities. Off-street parking facilities shall be provided with convenient and safe access to public rights-of-way and shall be illuminated so as to reflect light away from any adjoining property.

(c)

Signage.

[1]

Signage for the retail/commercial space shall be an essential and permanent component of the building design and shall be compatible with building materials and colors. Only signs that identify uses within the building are permitted. The applicant must supply a full sign package to the Planning Board for approval. All signage must be approved by the Planning Board prior to issuance of building permits.

[2]

The developer submitted and received approval of a signage package at the February 23, 2005, Planning Board Hearing. The elements of the signage designs are specified within the retail signage criteria specified with the Design Refinements. In addition to the elements specified within the Design Refinements, the Borough Planning Board has added the following stipulations:

[a]

Maximum square footage of blade signs shall be four square feet.

[b]

The MUD is to utilize the requirements of the Community Commercial Zone of the Borough of Garwood which permits the sign square footage to be two times the building's linear footage of frontage.

[c]

All signs within the MUD are to conform to the Kit of Parts as specified within the Design Refinements.

[d]

All signs must be substantially consistent with the character of the facility and the building elements.

[e]

No flashing signs are permitted.

[f]

All sign designs along with the proposed colors are to be approved by the Borough's Planner prior to issuance of any building permits. The Borough Planner shall deem if the sign design meets the criteria established within the Design Refinements approved by the Planning Board.

[g]

All signs are to indirectly illuminated.

§ 106-98.5 Garwood Mall Overlay Zone.

[Added 11-14-2017 by Ord. No. 17-23]

The Garwood Mall Overlay Zone district is hereby established.

The Zoning Map[1] shall be and is hereby amended and supplemented by the addition of the Garwood Mall Overlay Zone, incorporating the following properties into said overlay zone: Block 402, Lot 5; Block 1000, Lot 2.

[1]

Editor's Note: The Zoning Map is on file in the office of the Borough Clerk.

The purpose of the zone is to provide a realistic opportunity to address the Borough's unmet affordable housing need obligation.

The following are the principal permitted uses:

(1)

Multifamily residential uses, where a fifteen-percent affordable residential rental component set-aside or a twenty-percent affordable for-sale component set-aside is provided in accordance with the applicable Borough ordinances.

(2)

Existing permitted uses, permitted by the underlying zone, are not modified or affected by the establishment of this overlay zone.

(3)

Development of the site in the Garwood Mall Overlay Zone is permitted for a permitted use authorized pursuant to the underlying zone or a use permitted in the overlay zone, or both.

The affordable housing component shall be compliant with Article XIV, Affordable Housing, of this chapter.

All conditional uses permitted in the underlying zone in this zone shall continue to be conditional uses.

Permitted accessory structures, buildings and uses:

(1)

All accessory uses permitted in the underlying zones.

(2)

Private residential garages and off-street parking. Standalone structured parking decks are prohibited.

(3)

Loading areas.

(4)

Leasing office.

(5)

Streetscape improvements.

(6)

Fences in accordance with the applicable Borough ordinances.

(7)

Signage shall be subject to the requirements of the applicable Borough ordinances.

(8)

Other customary accessory uses and structures such as, but not limited to, a club room, fitness areas and swimming pools for the private use and enjoyment of residents and their guests.

Bulk regulations:

(1)

The bulk regulations for the Garwood Mall Overlay Zone multifamily residential use are as follows:

Minimum lot size	6 acres
Minimum required lot width	200 feet
Minimum required lot depth	200 feet
Minimum required front yard	20 feet
Minimum required side yard	20 feet
Minimum required rear yard	20 feet
Maximum building height	50 feet
Maximum building height	4 stories
Maximum building coverage	40%
Maximum impervious coverage	75%
Density	20 du/ac

(2)

No more than two bedrooms shall be permitted in any market-rate unit.

Parking and loading.

(1)

Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, shall be referenced to determine the number of required parking spaces, size of parking spaces, and construction details concerning project streets and drives, sidewalks, water supply and sanitary sewers. Barrier-free parking spaces shall be provided and signed in accordance with the standards of the New Jersey Barrier Free Code.[2]

[2]

Editor's Note: See N.J.A.C. 5:23-7.

(2)

Structured parking is permitted. The number of parking stories shall be counted towards the number of stories permitted.

Landscape standards.

(1)

A landscape plan prepared by a licensed landscape architect, licensed by the New Jersey State Board of Architects, or other qualified individual shall be submitted as part of any development plan. The plan shall include detailed construction drawings for all site landscaping, common areas, recreation areas and all street frontage improvements including but not limited to street trees, ornamental lighting and brick paver walkways.

(2)

A minimum planted buffer of not less than 15 feet shall be established and maintained around the perimeter of the tract developed pursuant to this section. This perimeter buffer shall be planted with a dense grouping of landscape materials which may include fencing, decorative walls and berms. Site driveways, with or without sidewalk(s) connecting the public street to the site, are permitted to pierce this required buffer, as are underground utility and drainage connections.

(3)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing a variety of landscape material, including but not limited to landscaped fencing, shrubbery, lawn area, ground cover, and trees. The use of coniferous and/or deciduous trees native to the area shall be used to lessen the visual impact for the structures and paved areas.

(4)

Landscaping shall be designed to create a complete integration of the various elements of site design.

An indoor trash and recycling area for the collection and storage of generated trash and recyclable materials shall be provided within the principal building.

§ 106-99 Conditional uses.

The following uses are permitted only in the zones as specified in this section and upon a showing that all conditions have been satisfied. Uses that cannot satisfy each and every condition that allows that use to exist in a zone as a conforming use require the filing of an application with the Planning Board for a use variance.

[Amended 12-10-2002 by Ord. No. 02-28]

Conditional uses as enumerated in this section shall be permitted upon authorization by the Planning Board, provided that such uses shall be found by the Planning Board to comply with the following requirements:

(1)

That the proposed use is a conditional use as set forth in this section.

(2)

That the use is so designed, located, and proposed to be operated that the public health, safety, welfare and convenience will be protected.

(3)

That the use will not cause substantial injury to the value of other property in the area in which it is to be located.

(4)

That the use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.

(5)

That the use conforms with all applicable regulations governing the district where it is to be located in accordance with this section.

§ 106-100 Eating and drinking establishments.

[Amended 7-12-1994 by Ord. No. 94-14; 2-25-1997 by Ord. No. 97-03; 7-13-1999 by Ord. No. 99-14; 2-14-2019 by Ord. No. 19-02; 5-23-2019 by Ord. No. 19-07]

Eating and drinking establishments, including taverns, shall be permitted as conditional uses in the Central Business (CB), General Business (GB), and Community Commercial (CC) Zones, in accordance with the following requirements:

All such establishments shall be standard table/counter or self-service restaurants. No establishments that have as a means of sales the ordering of food at a window through which the food is passed from inside to outside, or which have curb service, or which provide a drive-through service are permitted. Take-out service accessory to a standard table/counter is permitted.

(Reserved)

Accessory outdoor or patio seating is permitted, provided it is in accordance with the following:

(1)

No more than 25% of the total on-site seating may be provided outdoors.

(2)

Seating contained in the outdoor dining area shall not be counted in determining parking space requirements for an eating and drinking establishment hereunder.

(3)

The outdoor dining area must be directly accessible to and from the interior dining area. Areas that must be accessed via public sidewalks or property not controlled by the applicant or property owner are not considered directly accessible.

(4)

No such areas shall be permitted within the public right-of-way, except as permitted by § 106-100E of this Code.

(5)

No food shall be prepared in the outdoor dining area. Food and drink served in the outdoor dining area shall be the same, and shall be prepared the same, as that served in the indoor dining area.

(6)

Property owners must submit an outdoor dining application to the Zoning Officer, who, together with the Police, Fire, and Health Departments, shall review the application, determine compliance with all applicable Borough requirements, and either approve or deny the application within 20 days of submission. Property owners are not required to obtain separate site plan approval from the Planning Board.

(7)

The property owner shall submit a layout of the proposed dining area in the application, which shall include, but not be limited to, a depiction of the maximum size of the area, the maximum number of seats and tables, the general layout of seating areas, tables, and aisles, and all aisles and routes of ingress and egress, and any other detail(s) the Zoning Officer deems necessary to render a decision.

(8)

A minimum of one trash and recycling receptacle provided for every 20 seats shall be provided, with at least one to be located at both the exit area(s) into the public right-of-way and the interior dining area.

(9)

A six-foot closed fence and evergreen screening shall be provided at all property lines/yards adjacent to the outdoor dining area, except front yards, if the outdoor dining area is adjacent to a residential zone.

(10)

The maximum amount of seating is to be in accordance with the International Building Code.

(11)

All such establishments that serve food in disposable containers shall be subject to the following refuse preventative measures:

(a)

The property owner shall include a maintenance plan detailing how waste will be removed on site and within 100 feet of the outdoor dining area, which must be submitted and approved by the Health Officer. This plan must show the number and location of trash/recycling receptacles and the frequency with which the tables and surrounding areas and adjacent public and private properties will be surveyed for litter. The property owner is responsible for keeping the outdoor dining area and adjacent public and private areas free and clear of debris that is generated from the establishment. Areas must be cleaned as required thereunder and at the time the establishment is closed for the day.

(b)

A program and plan must be submitted to the Health Officer for recycling of all disposable containers that can be recycled.

(12)

The outdoor dining area may not be open for business earlier or later than that of the principal establishment.

(13)

The property owner shall not direct or permit to be directed to or from the outdoor dining area any bell, siren, whistle, loudspeaker, or public address system, radio, or similar device.

(14)

Alcoholic beverages may be served in outdoor dining area(s) by establishments that have a valid alcoholic beverage control plenary retail consumption license, but only in licensed areas and in accordance with the license terms.

(15)

Permits for outdoor dining areas shall be valid for one year from the date of the issuance of the permit by the Zoning Officer. Permit owners shall obtain an annual permit each year they wish to operate the outdoor dining area by submitting an annual application to the Zoning Officer as outlined above.

(16)

The annual permit fee shall be as follows:

(a)

One to 10 seats: $60.

(b)

Eleven to 25 seats: $100.

(c)

Twenty-six to 50 seats: $150.

(d)

Fifty-one or more seats: $200.

Any eating or dinking establishment that has provisions for tables for interior service, upon application and issuance of a permit pursuant to this subsection, may utilize part of the sidewalk in front of its place of business for a sidewalk cafe, provided it is in accordance with the following:

(1)

Application for such permit shall be made to and such permits shall be granted by the Borough Clerk. The application shall be accompanied by a schematic diagram, showing the location of all aspects of the cafe. All applications shall be reviewed by and approved by the Borough Health Officer prior to issuance of the permit by the Borough Clerk. Permits shall be granted only if the proposed sidewalk cafe conforms with the following, which must be maintained for the duration of the existence of the sidewalk cafe:

(a)

The cafe shall be confined to the area directly in front of the existing eating and drinking establishment, unless written permission of any adjacent property owner and ground-floor occupant is submitted and filed with the application.

(b)

Any cafe shall not interfere with access to the building entrance or exit, basement entrance (if any), fire hydrant, bus stop, parking meter, or public alleyway.

(c)

There must be a minimum of four feet of usable, unobstructed pedestrian sidewalk that remains open to maintain pedestrian access.

(d)

Applicants shall be required to submit proof of liability insurance for the proposed sidewalk cafe, naming the Borough of Garwood as an additional insured, with minimum limits of liability of not less than $1,000,000 for all claims for bodily injury or death of any person as a direct or indirect result of the operation of the sidewalk cafe, or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy claims for property damage as a direct or indirect result of the operation of such cafe.

(e)

No permit shall be issued unless the licensee shall have first executed and filed with the Municipal Clerk an indemnification agreement, in the form prepared or approved by the Borough Attorney, in which the permitee shall agree to forever defend, protect, indemnify, and save harmless the Borough of Garwood, its officers, agents, and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, attorney's fees, fees and costs arising out of or which may arise out of, or be alleged to arise out of, the permittee's operation of the sidewalk cafe.

(f)

All dishes, utensils, containers, tablecloths, napkins, cutlery and other items used in the operation or decoration of the sidewalk cafe shall be made of nondisposable and reusable materials. The furniture to be used in the operation of the sidewalk cafe shall be made of durable material, such as sturdy vinyl/plastic, wrought iron, or wood. The sidewalk area utilized by the cafe shall be kept clean and free of litter. Sidewalks shall be washed daily. If required by the Health Officer, trash receptacles shall be provided as specified by the Health Officer.

(g)

The sidewalk cafe may operate no later than 11:00 p.m. on any day, and only during operating hours of the establishment. No furniture or other items of the sidewalk cafe shall remain outside of the eating and drinking establishment for more than 15 minutes after 11:00 p.m. or after the close of operating hours of the establishment, whichever is earlier.

(h)

Beer and wine shall be the only permitted alcoholic beverages to be consumed at a sidewalk cafe that does not hold a valid plenary retail license.

(i)

Nothing contained in this section shall be construed to amend any provision of Chapter 52 (Alcoholic Beverages) of this Code or to amend or change any provision of any alcoholic beverage control license. Alcoholic beverages shall be permitted to be served at a sidewalk cafe that holds a valid plenary retail licenses under this subsection as follows:

[1]

Consumption of alcoholic beverages shall be permitted only at sidewalk cafes that have wait staff serving patrons.

[2]

No establishment may serve alcoholic beverages at a sidewalk cafe until and unless the establishment applies for and receives approval of a place-to-place transfer of its license for expansion of the premises to include the sidewalk cafe area.

[3]

Nothing contained in this subsection shall be construed to permit service or consumption of alcoholic beverages at any time or at any place or in any manner other than as permitted under this subsection.

(j)

No music or any sound device shall be played outdoors.

(k)

Any sidewalk cafe permit may be suspended or revoked by the Borough Health Officer upon violation of this section or a determination by the Health Officer that continued operation of the sidewalk cafe is inimical to the public health and welfare. Such suspension or revocation shall be in writing and delivered personally or mailed by certified mail to the permit holder at the address set forth in the application. Any suspension or revocation issued by the Borough Health Officer may be appealed to the Mayor and Council within 15 days of the mailing of such notice.

(l)

Permits for sidewalk cafe shall be valid for one year from the date of the issuance of the permit by the Borough Clerk. Permit owners shall obtain an annual permit each year they wish to operate the outdoor dining area by submitting an annual application to the Borough Clerk as outlined above.

(m)

The annual permit fee shall be as follows:

[1]

One to 10 seats: $60.

[2]

Eleven to 25 seats: $100.

[3]

Twenty-six to 50 seats: $150.

[4]

Fifty-one or more seats: $200.

(2)

Operation of any sidewalk cafe shall be in accordance with this section and shall be subject to enforcement by the Health Officer and Police Department.

(a)

Any person or entity violating any provision of this article shall, upon conviction, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 30 days, or both. Each separate offense shall be deemed committed on each day during which a violation occurs or continues. Additionally, any violation of the provisions of this section shall constitute sufficient grounds for the revocation, after due notice and hearing, of any permit issued under this section.

(3)

The Health Officer may establish rules and regulations pursuant to this section, which rules and regulations shall be filed with the Borough Clerk and shall be available for public inspection.

§ 106-101 Automobile service stations.

[Amended 7-12-1994 by Ord. No. 94-14]

Automobile service stations shall be permitted as conditional uses in the Light Industrial Zone, provided that the following conditions are maintained:

Such uses are permitted only on streets with an average daily traffic volume in excess of 18,000 vehicles.

There shall be no more than four automobile service stations in Garwood.

All pump islands shall be located so that there is sufficient space within the property lines to accommodate three waiting vehicles from each pump island in each direction in addition to those being served. Under no circumstances shall the public sidewalk area be included in this area or be blocked by autos entering or exiting the facility. No pump shall be located closer than 20 feet to any property line except the front property line where a minimum fifteen-foot setback is required. A landscaped, curbed safety island at least five feet in width shall be located between the first pump island service aisle and any right-of-way line.

All fuel tanks, and other such containers for the bulk storage of flammable materials, either liquid or solid, shall be installed underground at sufficient depth to insure against hazard of fire or explosion and at least 20 feet from any property line. No vents shall be located closer than 20 feet to a property line. Proof of compliance with NJDEP tank regulations must be submitted.

All washing, lubricating, draining or repairs of other than an incidental nature (such as tire, battery or wiper changes) shall be conducted entirely within an enclosed structure. Provisions shall be made for the collection and storage of such liquids and the floor drains of the structure shall not be connected to the sanitary sewer system.

Proximity to other uses/location of exits and entrances:

(1)

No automobile service station shall be located closer than 200 feet (measured along the street line on the same or opposite side of the street) to any public or private school, playground, institutional use (churches, hospitals, etc.), public library, fire station, or other public gathering place.

(2)

No service station shall be located closer than 1,000 feet to another service station.

(3)

Vehicular access to automobile service stations shall be limited to two one-way twenty-foot maximum width driveways with maximum twenty-six-foot curb cuts. Such stations located on corner lots may have three curb cuts of the maximum width stated above, with one driveway being limited to egress only and the others to ingress only. No driveway shall be located closer than 25 feet to the intersection of any two public rights-of-way. All egress driveways shall be limited to, and designed for, right-hand turns only.

The minimum lot area for a service station shall be 14,000 square feet. Minimum lot frontage shall be 140 feet. The minimum front yard setback for structures except pump islands as stated above, shall be 40 feet. The minimum side yard setback for all structures shall be 20 feet. The minimum rear yard setback is three feet. Maximum lot coverage is 20%. All other bulk regulations are as required for other uses in the Industrial Zone and found in § 106-97 of this chapter unless specifically stated otherwise in this section.

Canopies.

(1)

Canopies, or weather protection structures constructed over the pump island service areas, are regulated as follows:

(a)

Minimum front yard setback: 15 feet.

(b)

Minimum side yard setback: 20 feet.

(c)

Minimum rear yard setback: 25 feet.

(d)

Maximum height: 20 feet.

(2)

Canopies are not included in lot coverage calculations. They shall cover no larger an area than 12 feet by 25 feet for each automobile the facility can service under maximum capacity. Maximum capacity shall mean the greatest possible number of automobiles being serviced by a pump island at the same time, which shall be determined by dividing the length of the pump islands by 20 feet and multiplying by the number of sides from which the pump island can be serviced.

All service stations, whether repairs are performed on site or not, shall have a principal masonry construction structure of not less than 100 square feet.

No vehicles other than those under or awaiting repair or awaiting delivery or pickup after repair shall be stored on the premises. No area on the lot which is required for the movement of vehicles in and about the facility shall be used for complying with parking requirements of § 106-114.

Any retail sales must be related to auto servicing or repair except for limited promotional items for a limited time. (Time period cannot exceed one month in duration.) Accessory goods for sale may be displayed out of doors on the pump and building islands only and shall be stored in a suitable rack or container. No food or beverage for human consumption shall be permitted to be sold except those that are sold through automatic vending machines.

All service stations shall provide air pressure service, and all stations that perform auto repairs shall accept used oil from off site auto oil changes. All service stations shall provide rest room facilities for the general public.

§ 106-102 Automobile washing establishments.

[Amended 7-12-1994 by Ord. No. 94-14]

Automobile washing establishments shall be permitted as accessory uses in the Light Industrial Zone, provided that the following conditions are maintained:

All such uses shall be accessory to permitted automobile service stations, and/or minor and major automobile repair stations. Section 106-107E of this chapter is not applicable to this section.

All bulk regulations required for uses in the Industrial Zone and found in § 106-97 of this chapter shall be required unless specifically stated otherwise in this section.

All auto washing shall be conducted inside a structure.

All such establishments shall provide adequate on-site stacking area for four times the maximum capacity of the washing facility for autos awaiting entrance into the facility and adequate area after exiting the facility for four autos so as to be usable for hand finishing of the washing process. Maximum capacity shall mean the greatest possible number of automobiles undergoing some phase of washing at the same time, which shall be determined by dividing the interior equipment line by 20 feet. The defined stacking and exiting areas shall be no closer than 20 feet to any street right-of-way line. More than one defined aisle may be utilized to satisfy these conditions. Under no circumstances shall the public sidewalk area be included in this area or be blocked by autos entering or exiting the facility.

All such establishments shall have a maximum of two twenty-foot-wide one-way driveways with maximum twenty-six-foot curb cuts. Any areas for vacuuming auto interiors, or other auto finishing shall be accessible through an interior circulation pattern; facilities that require drivers to enter the street and return to the site for these other areas shall not be permitted.

Any retail sales at the washing facility must be related to auto washing. No auto lubricants, parts, or other services shall be sold at the washing facility and no repairs or maintenance, minor or major, other than waxing or finishing the exterior of the auto, shall be conducted on the washing establishment premises.

All facilities shall submit proof of compliance with NJDEP regulations concerning water use and recycling.

§ 106-103 Institutional uses.

[Amended 7-12-1994 by Ord. No. 94-14]

Institutional uses, as defined below and in § 106-4 of this chapter, shall be permitted as conditional uses in the following zones, provided that the following conditions are maintained:

Houses of worship - all zones.

Elementary schools - all zones except Central Business, Community Commercial, Light Industrial, Industrial/Commercial.

Emergency medical care facilities - Community Commercial.

Governmental use - all zones.

(1)

Minimum lot width: 160 feet.

(2)

Minimum lot depth: 100 feet.

(3)

Minimum lot area: 16,000 square feet.

(4)

There shall be a heavily landscaped buffer of a minimum 15 feet in width provided on the subject premises adjacent to any residential properties and zones.

(5)

Minimum front yard: 25 feet.

(6)

Minimum rear yard: 25 feet.

(7)

Minimum side yard: 25 feet, on both sides.

(8)

Minimum open space: 30%.

(9)

Maximum height. No structure shall exceed 2 1/2 stories or 35 feet in height, whichever is less, except that steeples on houses of worship may extend to 45 feet in height.

§ 106-104 (Reserved) [1]

[1]

Editor's Note: Original § 22-229E, Community residences for developmentally disabled with six or more residents, was repealed 2-25-1997 by Ord. No. 97-02.

§ 106-105 Accessory senior citizen apartments.

In an effort to promote affordable senior citizen housing, it is the stated purpose of this section to provide another type of housing unit that will serve to assist the senior residents of the Borough to remain in the Borough despite the continuing escalation of property taxes. In response to numerous requests made to the Boards to allow seniors to rent out a portion of their residences for additional income, and to attempt to halt the proliferation of unauthorized conversions of single-family dwelling units to two-family units, while maintaining the single-family character in single-family residential zones, it is the Borough's policy to allow accessory senior citizen apartments in accordance with the following regulations (the Zoning Officer shall maintain a current record of all accessory senior citizen apartments):

Senior citizen accessory apartments shall be permitted as accessory uses to single-family dwelling units in the RA, RA1 and RB Zones, provided that the following conditions are maintained:

(1)

All owners of residences with accessory units shall obtain an annual accessory residential unit license from the Borough Zoning Officer. The terms of this license are to be defined by the governing body, but shall include requirements for annual building and fire safety inspections of the accessory unit. The Zoning Officer shall maintain a current record of all senior citizen accessory apartments.

(2)

The primary unit within the structure must be occupied by a senior citizen housekeeping unit. Within 60 days of the moving or death of the senior, the new property owner will be required to remove all physical elements that separated the two units and remove all vestiges of the separate housekeeping unit, including the kitchen facilities. An occupancy of the primary unit by another qualified senior will allow the continuation of the accessory unit.

(3)

Senior citizen accessory apartments may not be maintained in cellars or attics.

(4)

The senior citizen submitting an application to allow an accessory apartment shall submit proof of low-moderate income financial status to the Borough Treasurer. This proof shall consist of copies of the filed present and prior year's federal income tax form. Based upon this submittal, the Borough Treasurer shall determine if the senior citizen qualifies as a low or moderate income household as defined within these regulations. Qualifying as such shall satisfy the financial condition of these regulations. The documents that are submitted to the Borough Treasurer shall not be considered public information and shall be private documents reviewed only by the Borough Treasurer. The Borough Treasurer shall advise the approving authority of the qualifying status in writing.

(5)

Parking for the single-family residence must be as required by § 106-114 of this chapter. While no additional off-street parking is required for the accessory unit, no accessory unit shall be permitted where there is no off-street parking.

(6)

A maximum of 25% of the habitable area of the principal dwelling unit, or 800 square feet, whichever is less, is to be utilized for the accessory unit. The maximum number of occupants of the accessory unit is to be as regulated by the BOCA regulations relating square footage and health concerns to occupancy.

(7)

In order to maintain the character of the single-family dwelling unit of the principal structure, all entrances to the accessory dwelling unit are to be via side and rear yards unless one front yard entrance, with a common interior hall, is utilized for both units.

Supplementary Regulations

§ 106-106 Principal structures/uses.

[Amended 7-12-1994 by Ord. No. 94-14]

No lot shall contain more than one principal structure or use. No use can be commenced on a lot without a principal structure, with a foundation, of at least 100 square feet. Trailers shall not be utilized as principal or accessory structures. No business, office, professional, industrial, warehouse, or other business use may be conducted outside the confines of a building. Outdoor storage is permitted only as an accessory use in accordance with § 106-111.

§ 106-107 Accessory uses and structures.

Accessory uses and structures, as defined in § 106-4 of this chapter, are permitted in connection with any principal use which is permitted within a zone subject to the following restrictions:

Accessory parking in residential zones shall be limited to passenger vehicles unless the parking of additional vehicles is in accordance with § 106-111 regarding outdoor storage.

Accessory uses and structures must be on the same lot as the principal use or structure to which they are accessory.

No accessory structure or use shall be permitted in any required front yard unless it is a permitted obstruction within the meaning of § 106-109 of this chapter.

No accessory structure in a residential zone shall exceed a height of 1 1/2 stories or 15 feet. No accessory structure in a nonresidential zone shall exceed a height of 20 feet.

In residential zones and for residential uses, no accessory structure, other than garages, which maximum size is regulated in § 106-111, shall have a ground area greater than 10% of the ground area of the principal structure to which it is accessory. No permanent accessory structure, regardless of size, or presence or absence of a foundation, shall be erected any closer than three feet to a side yard property line or two feet to a rear yard property line.

In nonresidential zones, and nonresidential uses, accessory structures shall not have a ground area greater than 40% of the ground area of the principal structure to which it is accessory.

Accessory structures on corner lots shall not be erected nearer to any street than the front yard setback required on the lot adjacent to the rear lot line of the lot upon which the accessory structure is located.

No more than two accessory structures shall be erected on any residential or nonresidential lot.

§ 106-108 Home occupations.

[Amended 6-27-2000 by Ord. No. 00-09]

No use shall be permitted as an accessory home occupation in any residential zone except as follows.

Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in all residential zone districts, provided:

(1)

The use is limited solely to office use.

(2)

The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons.

(3)

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes.

(4)

The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household.

(5)

Interior storage of materials shall only consist of office supplies.

(6)

There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights.

(7)

The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.

(8)

The use does not require any increased or enhanced electrical or water supply.

(9)

The quantity and type of solid waste disposal is the same as other residential uses in the zone district.

(10)

The capacity and quality of effluent is typical of normal residence use, and creates no potential or actual detriment to the sanitary sewer system or its components.

(11)

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other similar delivery services providing regular service to residential uses in the zone district.

(12)

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

§ 106-109 Permitted obstructions.

The following shall not be considered to be obstructions and shall be permitted when located in a required yard:

Cornices, eaves, canopies, awnings and fireplaces, provided they do not project more than three feet into the required yard and they are no closer than two feet to a property line.

Steps which are necessary for access to a permanent structure.

Fire escapes, provided they do not project more than four feet into a required yard and they are no closer than two feet to a property line.

Weather protecting and energy efficiency enhancing front door enclosures, that project no more than five feet into a required front yard and are no larger than 40 square feet in total area, provided the principal structure complies with the required front yard setback.

Attached, open front yard porches, with a maximum width, or depth, of eight feet, are permitted to be constructed in the RA1 Zone, provided the principal structure complies with the forty-foot front yard setback requirement for the zone and no basement or cellar is constructed under the porch.

Ground story bay windows, provided they project no more than two feet into the required yard.

§ 106-110 Look alike provisions/front elevations.

The purpose of this section is to encourage construction in character with an existing residential neighborhood, but to discourage construction that is so similar in appearance to other neighboring structures that a sense of sameness and property devaluation is perceived or possible. A secondary purpose is to insure that a positive front yard appearance is provided for all residential dwelling units.

Neighboring dwelling units in residential zones.

(1)

No dwelling unit shall hereafter be constructed in any residential zone which shall be like or substantially like any neighboring dwelling as hereinafter defined, in more than two of the following six respects.

(a)

Height of the main roof ridge above the elevation of the first floor.

(b)

Length of the main roof ridge.

(c)

Width between outside walls at the ends of the dwelling under the main roof perpendicular to the length thereof.

(d)

Relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the dwelling in the front elevation.

(e)

Relative location of windows in the front elevation.

(f)

The materials used in the front elevation.

(2)

For Subsection A(1)(a), (b), (c) and (d) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than six feet.

(3)

For Subsection A(1)(e) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than three feet.

(4)

For Subsection A(1)(f) above, dwellings shall be deemed to be like each other if the difference between materials used is not more than 35% of the facade area.

(5)

Dwellings between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements.

A neighboring dwelling, as stated above in § 106-110A, is defined as any principal dwelling on any lot which is located as follows in relation to the subject lot:

(1)

Any lot which is within 100 feet, or three lots, whichever is greater, and along the same side of the street as the subject lot, without regard to intervening street lines.

(2)

Any lot, which is across said street from the subject lot or from a lot referenced in the above subsection.

The main entrance into all single-family detached residential dwellings and the first floor of all two-family dwellings shall be located within the front elevation of all residential structures. Side yard entrances are prohibited. Main entrances of structures on corner lots may be from either elevation facing the street. No utility meters or other utilitarian improvements that detract from the appearance of the front elevation shall be located on the front elevation of a residential structure.

§ 106-111 Outdoor storage.

[Amended 1-25-1994 by Ord. No. 94-01]

The purpose of this section is to limit the allowance of outdoor storage in all zones to that which will not detract from neighborhood or Borough appearance or values. Outdoor storage as described in § 106-4 of this chapter is regulated as follows:

All outdoor storage is subject to the requirements of the Borough Property Maintenance Code in addition to this chapter.

Outdoor storage in residential zones.

(1)

Outdoor storage of any kind or nature except that which is customarily used in conjunction with, and accessory to residential occupancy, is prohibited in all residential zones. No outdoor storage is permitted in required front yards. No storage for commercial uses is permitted in residential zones.

(2)

Tractor trailers, their cabs, and full length school buses are prohibited from being parked or stored in residential zones. Van-type buses and commercial vehicles are permitted to be parked, but not stored, in residential zones. No unregistered or inoperable vehicle (auto, boat, trailer, etc.) shall be stored in residential zones unless it is stored within a garage as defined in § 106-4. Only one such vehicle may be so located on a residential property.

(3)

All outdoor storage, except firewood storage, is to be screened by fencing and/or landscape material that will reach and be maintained at a height sufficient to screen all such storage from adjacent residences and public rights-of-way. No outdoor storage, other than vehicular, shall be higher than six feet.

(4)

(Reserved)

(5)

The amount of outdoor storage that can be located on a lot in the residential zone is to occupy no greater land area than 50 square feet.

Outdoor storage in nonresidential zones.

(1)

All outdoor storage must be customary and incidental to the principal use of the property; no storage can be accessory to a use on another lot; outdoor storage cannot be the principal use on the property.

(2)

Outdoor storage shall only be permitted in the side and rear yards. All outdoor storage is to be screened by fencing and/or landscape material that will reach and be maintained at a height sufficient to screen such storage from the ground level of adjacent properties and public rights-of-way. No storage, other than vehicular as outlined below, is to be higher than six feet.

(3)

Tractor trailers, buses, automobiles, and other vehicles parked on a premises overnight shall be construed as outdoor storage, and not parking, and shall conform to the provisions of this section. Only such vehicles that are licensed, registered, and roadworthy, are not being utilized for storage, and are stored in an organized fashion in accordance with § 106-111C(1) above shall be considered permitted outdoor storage. No trailers, containers or the like shall be utilized for storage purposes in lieu of a structure.

(4)

Outdoor storage of hazardous, toxic or explosive materials is prohibited unless required to be located outside by applicable state and local fire and/or building regulations and are located in accordance with those regulations. The Garwood Fire and Police Departments are to be advised in writing of any such storage. All such storage is to be in accordance with local, state, and federal regulations and performance standards.

(5)

Temporary outdoor storage and sales of flowers, trees, and other decorative or ornamental plants is permitted for a period of 45 days prior to Christmas, two weeks prior to Easter, and one week prior to Mother's Day. Such storage and sales may take place in the front yard or setback area, provided that this shall not be construed to permit any storage or sales in a congested area, or within the public right-of-way, where the free flow of pedestrian or vehicular traffic may be impeded or impaired. The reasonable judgment of any Borough Police Officer or the Zoning Officer, or the Zoning Enforcement Officer or the Construction Official, shall be conclusive as to whether the area is congested or whether the flow of traffic is impeded or inconvenienced. Any use of any premises pursuant to this subsection which is not an accessory use to the principal permitted use of the premises is subject to the provisions of Chapter 71 of the Borough Code. All persons wanting to conduct such outdoor sales are required to obtain a permit from the Zoning Officer, pay the fee required in Article XII of this chapter, and post a $100 bond with the Borough Clerk in order to insure that an adequate and timely cleanup is conducted. All such stands, plants, and storage are to be removed within three days of the date of the event.

[Amended 11-10-2009 by Ord. No. 09-22]

§ 106-112 Sight triangle.

On all corner lots in the zones described below, there shall be an unobstructed sight triangle in which no plantings, fences or obstructions of any kind shall be located or maintained over 24 inches in height so as to limit or obstruct a clear sight distance of motorists entering an intersection.

In residential zones, this unobstructed sight triangle shall have legs of 25 feet along the front and side lot lines.

In the General Business Zone, this unobstructed sight triangle shall have legs of 20 feet along the front and side lot lines.

§ 106-113 Encroachments into the public right-of-way.

[Amended 2-25-1997 by Ord. No. 97-03]

No signs, newspaper stands, steps or other structural encroachments shall be permitted into the public right-of-way without receipt of approval from the governing body. There shall be no replacement or removal of existing grass areas between the sidewalk or curb in the public right-of-way changing same to concrete, asphalt or other ground surface without receipt of written approval by way of resolution from the Mayor and Council.

§ 106-114 Off-street parking regulations.

[Amended 7-12-1994 by Ord. No. 94-14]

No use or structure shall hereafter be erected, altered, enlarged, increased in capacity, or changed in use until and unless parking shall be provided in accordance with the requirements of the following schedule; provided, however, that in the Central Business (CB) District, a change of use from one permitted use to another permitted use within an existing structure shall not require the provision of additional parking if the parking requirements for the new use shall not exceed those of the existing use:

[Amended 6-27-2006 by Ord. No. 06-11]

	Off-Street Parking Regulations
Land Use		Minimum Required Off-Street Parking Spaces
Assembly/finishing operations		1 per 800 square feet GFA
Automobile repair shop		3 per work bay plus one for each employee
Automobile service station		1 for each 40 linear feet of pump island, plus 3 per work
Automobile washing establishment		1 per each 20 feet of washing lane; but not less than 5 spaces. Spaces utilized for interior vacuuming or other finishing counted as parking spaces
Bowling alley		3 per alley
Child care center		1 per each employee required in accordance with minimum Department of Human Services standards plus 3 visitor/dropoff/pickup spaces
Community buildings, social halls, lodges, fraternal organizations and similar uses		1 for each 200 square feet GFA
Community residences for developmentally disabled housing less than six persons functioning as a single dwelling unit		1 for each dwelling unit
Dance studios/schools and other similar places of assembly
Eating establishment		1 for every four seats plus 1 for every 2 employees during the maximum shift or 1 for every four persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity under BOCA regulations, whichever is greater
Financial institution		1 per 300 square feet GFA
Houses of worship		1 per 4 seats; where individual seats are not provided, 20 inches of bench shall be considered 1 seat
Library		1 per 500 square feet GFA
Manufacturing, production, light industrial commercial uses		1 per 1,000 square feet GFA of heavy, industrial/commercial space
Medical/dental offices emergency care facility		3 for each treatment or examination room plus 1 for each doctor/dentist and employee
Mixed use eating and drinking establishments with or without entertainment		1 for every 3 persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity under BOCA regulations, plus one for every 2 employees employed on the maximum shift
Offices, professional, business, administrative		1 per 400 square feet GLA
Residential
	Single-family dwelling	1 for each dwelling unit
	Two-family dwelling	1 for each dwelling unit
	Multifamily dwelling	1.5 for each dwelling unit (apartment)
Retail trade/retail business services		1 per 300 square feet GFA
Schools, elementary		2 per classroom; but not less than 1 per teacher and staff
Tavern		1 for every 2 seats plus one space for every two employees during the maximum shift, or one for every three persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity under BOCA regulations, whichever is greater
Warehouse		1 per 2,000 square feet GFA
GFA - Gross Floor Area GLA - Gross Leasable Area

(1)

For any permitted or conditional use for which no specific parking requirement is set forth above, a minimum of one parking space per 200 feet of gross floor area or part thereof shall be provided. For all other uses not specifically set forth above, the parking requirement shall be determined by the Planning Board after public hearing.

(2)

Where the Residential Site Improvement Standards set forth in N.J.A.C. 5:21-1.1 et seq., promulgated pursuant to N.J.S.A. 40:55D-40.1 et seq., apply to any residential development, such parking standards shall govern.

Parking in residential zones.

[Amended 8-27-2013 by Ord. No. 13-12]

(1)

A parking garage, not to exceed 10 feet by 22 feet, or 220 square feet, for a single-family dwelling parking requirement, or 20 feet by 22 feet, or 440 square feet, for a two-family dwelling parking requirement, shall be provided for all residential dwellings. A two-car garage may be constructed on a single-family dwelling lot, provided it does not exceed the above maximum garage size (440 square feet). Garages for more than two vehicles, or larger than the above-stated maximum total areas, shall not be permitted. A property owner must reconstruct a garage within six months if an existing one is removed. All garages shall be at grade level. All garages shall be at existing grade level

[Amended 5-27-2021 by Ord. No. 21-06]

(2)

All residential lots shall provide a private garage space for at least one off-street parking space for each dwelling unit. Submittal of building permit applications for building, plumbing, electric or fire subcode work for nonconforming lots (those without garages) do not trigger the need for a property owner to construct a garage unless such construction would prohibit the future construction of a garage. Such garage parking space shall be constructed of a durable, all-weather, dust-free material such as asphalt, concrete or pavers. Stone driveways are not permitted. The garage counts as one parking space. The paved space in front of the garage counts as one space if it meets the minimum/maximum size requirements of a typical parking space, which is nine feet by 18 feet totally within the property dimensions. One additional parking space of nine feet by 18 feet dimensions can be constructed to the side of a one-car garage or house, provided that it is fully to the side of the dwelling/garage and not in front of the dwelling itself. This additional parking space is also to be constructed as per above, is not to be constructed in the front yard, and is to share the same driveway apron and curb cut as the garage. No parking is permitted in front of this space or in front of the extended front line of the principal structure. This additional space cannot be installed if it would exceed permitted lot coverage requirements. The driveway area between a garage and the public right-of-way shall be considered a parking space to satisfy zone requirements. No permanent off-street parking space shall be permitted in the required front yard of a residential use or district unless it is located totally within that area defined by the continuation of the side yard area through the front yard to the public right-of-way. This area may be constructed for a maximum of one parking space, provided a zoning permit is obtained and the following conditions are satisfied. No parking space, or portion thereof, may be located directly in front of a residence, unless:

(a)

There is no existing garage and there is no adequate access or area to provide a conforming garage.

(b)

The property owner submits plans to the Zoning Officer for a zoning permit and to the Department of Public Works for a street opening permit and obtains same prior to installation.

(c)

The parking space is designed and installed to be as unobtrusive as possible, with a minimum of five feet of evergreen landscaping between the space and the existing principal structure, and constructed as per above. Total curb cut width is not to exceed a thirteen-foot width.

(d)

Front yard parking is not permitted on corner lots, as parking is already permitted in the existing side yard.

(3)

Residential properties shall not have more than one driveway or curb cut. The maximum driveway and curb cut for a one-car garage or front yard parking space shall be nine feet and 13 feet, respectively; the maximum driveway width and curb cut for a two-car garage shall be 20 feet and 24 feet, respectively. Paving of front yard areas that are not permitted to be utilized by vehicles is prohibited.

(4)

Use and occupancy of any structure containing two or more dwelling units is subject to and conditioned upon an equitable distribution of off-street accessory parking spaces among those occupying the structure. Where a ratio of one parking space to each dwelling unit is equaled or exceeded, use and occupancy is further conditioned upon the tenants of each dwelling unit having included in their leasehold sufficient parking for at least one automobile. Parking spaces required for a residential unit shall not be leased to any party other than a resident of said structure, nor for any use other than parking.

(5)

All driveways/parking spaces are to be installed a minimum of one foot from the property line. Existing nonconforming driveways/parking spaces may have normal maintenance and repairs performed on them, provided the nonconformity is not increased.

(6)

Parking spaces, other than garages, shall not have roofs/overhangs covering all or portions of them.

All permitted and required accessory off-street parking spaces shall be located on the same lot as the use to which the spaces are accessory, or upon an adjacent lot in common ownership, except that parking areas for nonresidential uses in nonresidential zones may be provided on property not in common ownership, and not in the same zone, provided such parking area is in a nonresidential zone and complies with § 106-114E (Shared parking) of this chapter.

Location of exits and entrances. No commercial parking garage or area for 25 or more vehicles shall have an entrance or exit for vehicles within 1,000 feet along the same side of a street upon which is located a school, public playground, house of worship, hospital, public library or institution for dependents or children, except where such property is in another block or on another street on which the zone line does not abut. Such access shall not be closer to the intersections of any two streets than 50 feet. No access drive or driveway shall be located in any residential district to provide access to uses other than those permitted in such residential zone. No driveway shall serve any use other than the permitted use on the lot upon which the driveway is located unless the driveway is part of a shared parking arrangement in accordance with § 106-114E of this chapter.

Shared parking. Shared access and parking facilities are encouraged and shall be permitted in all nonresidential zones to minimize the disruption of traffic flow, reduce access points to adjacent roadways and reduce conflicts with pedestrian traffic. Such joint access and parking areas for individual nonresidential uses shall be designed to be interconnected via cross-easements with adjacent properties and shall utilize common entrances and exits. The total number of spaces required for uses involved in such shared arrangements shall not be less than the total sum required by § 106-114 for each use. Each plan must be submitted to and approved by the appropriate approving authority.

All parking areas in the Community Commercial and Light Industrial Zones shall be located behind the principal structure or, at a minimum, behind the front yard setback line of the principal structure. No parking shall be permitted in the required front yard of the Community Commercial Zone.

§ 106-115 Loading area and dock regulations.

All loading areas shall be located on the same lot as the use being served. No loading area shall be located in a front yard. There shall be no loading in a yard abutting, or in a public right-of-way. No loading space shall be located within 40 feet of an intersection of any two public rights-of-way.

§ 106-116 Landscape regulations.

The purpose of Subsection A in this section is to control unregulated and uncontrolled excavation, removal, placement and movement of soil and other mineral deposits that can result in conditions detrimental to the public health, safety, and welfare. While State Soil Conservation Service Regulations control soil erosion and runoff on properties larger than 5,000 square feet, most of the development in Garwood occurs on smaller lots and soil movement has therefore been uncontrolled. This has resulted in soil runoff onto properties adjacent to construction, muddy streets and blocked public ways, the introduction of soil deposits into the Borough stormwater system, and the removal of valuable topsoil. This regulation is an attempt to reduce such harmful effects to the environment and character of the Borough.

Site protection requirements.

(1)

Topsoil preservation. All topsoil, which is defined as the top six-inch layer of arable soil, from disturbed areas of properties shall be set aside on the premises separately from other subsoil. No such topsoil shall be removed from a site. Topsoil moved during the course of construction shall be redistributed on all re-graded surfaces so as to provide at least four inches of even cover to all disturbed areas of the site and shall be stabilized by seeding or planting in accordance with Soil Conservation Service Standards.

(2)

Soil mounds are to be maintained on the property so as to prevent erosion onto adjacent properties. No soil is to be located so as to block pedestrian access across the property within the public right-of-way. Proper safeguards are to be taken by the contractor at all times to insure such soil stabilization.

(3)

Removal of debris and subsoil. An appropriately sized refuse container shall be maintained at all times on the subject property for use by the site contractor. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No site-generated waste shall be buried on site except in accordance with N.J.A.C. 7:26-1.7 and the requirements of the construction official. Subsoil removal from the property will be accomplished in accordance with accepted Soil Conservation Service methods and the requirements of the Construction Official. All appropriate measures, including installation of stone tracking areas, and the washing down of trucks, are to be taken if necessary to reduce the potential for tracking mud into streets. Mud cannot be allowed to flow into streets. The contractor will take all necessary actions required by the Construction Official to reduce site soil runoff.

(4)

Maximum efforts are to be taken during construction to preserve existing plantings when deemed appropriate by the approving authority. No material or temporary soil deposits are to be placed within three feet of shrubs or 10 feet of tree trunks designated to be retained by the approving authority. Protective barriers are to be installed around plants at the above distances that are to remain on site. Plantings that are designated to be retained but die within one year of completed construction activity are to be removed by the contractor and replaced, either on site or in public areas, with plantings equal in caliper and type to what was removed, or if that is unreasonable, with twice the number of plants, but at the minimum size provided for in § 106-132 of this chapter at locations approved by the approving authority.

(5)

The contractor is to advise the Construction Official in writing of the soil conservation measures proposed to be taken on site during construction. No building permit for activities related to new construction is to be issued without this submission being made and accepted.

(6)

Nothing in the above provisions shall be construed to supersede, or remove the need to obtain, Somerset-Union Soil Conservation Service approval where required. Nothing in the above shall be construed to affect or apply to any person engaged in a state-mandated cleanup plan, provided that all operations are performed in accordance with the approved plan, and provided that notice of the cleanup plan is filed with the Construction Official at least 48 hours prior to the commencement of any activity, and such activity is subject to inspection by the Zoning Officer.

Screening.

(1)

All off-street parking areas, except those for single or two-family dwelling units, shall be effectively screened from public or private rights-of-way by a decorative fence or wall, landscape berm or a densely planted evergreen/deciduous mix of plantings sufficient to reduce headlight glare and screen such activity from view.

(2)

All off-street loading areas shall be located or effectively screened with fencing and evergreen plant material capable of maturing to a height sufficient to screen such areas, and vehicles within the areas, from adjacent properties and public rights-of-way.

(3)

All outdoor storage or work areas shall be completely enclosed by a solid and continuous decorative fence, wall or evergreen plant material sufficient to screen such activity from adjacent properties and public rights-of-way.

(4)

All utility improvements, such as transformer compounds, external heating and cooling equipment, refuse areas, etc., shall be sufficiently screened from site users, adjacent properties and public rights-of-way.

All planting areas shall be protected from parking/loading areas by concrete curbing and shall not be less than five feet in width or five feet distance therefrom in order to protect the fence, wall or plants from the impact of motor vehicles.

Shade trees.

(1)

One shade tree shall be located around and within a parking lot for every five spaces or 1,500 square feet of paved surface, whichever is greater, and shall be distributed evenly throughout the parking area. Linear groups of parking spaces exceeding 15 contiguous spaces shall be interrupted by curbed, landscaped islands at least 10 feet in width.

(2)

Where parking lots are adjacent to one another on separate lots and serving separate uses, a five-foot landscape strip is to be provided by each property owner for creation of a ten-foot-wide shade tree planting strip. Complimentary planting designs, where each property owner shares in the cost of the trees and the trees are planted on the shared property line are to be encouraged.

Landscape buffers. Where more intensive uses (multifamily, institutional, commercial or industrial) abut less intensive uses (single-family, two-family or multifamily) a landscape buffer strip sufficient to minimize adverse incompatible land uses of a minimum ten-foot width shall be provided.

All planting sizes shall conform to § 106-132 of this chapter.

§ 106-117 Lighting regulations.

All off-street parking areas containing six or more vehicles, and all off-street loading areas shall be adequately and properly lighted in accordance with § 106-133 of this chapter in order to provide for public safety and security. All lighting used to illuminate commercial or industrial uses shall be directed away from residential uses.

§ 106-118 Fences and walls.

A zoning permit is to be obtained prior to the installation of all lot perimeter fencing.

No fence of a height equal to or greater than four feet, or closer to a property line than three feet shall be installed on any property without the property owner first obtaining a zoning permit from the Zoning Officer. Adequate surveys, plans and details are to be submitted to the Zoning Officer in order for a determination to be made as to the proposed fence zoning conformance.

Fences or walls are not permitted in required front yards except in residential zones where a wall or fence is permitted in required front yards, provided they do not exceed four feet in height and are not chain link, stockade, board on board or similar closed fencing. Decorative vegetation of any height is permitted in the front yard, provided that it does not act as a fence or wall and obstruct visibility of vehicular drivers crossing sidewalk areas. The Zoning Officer shall require the removal or reduction of the obstruction if in his opinion it is a hazard to pedestrian safety. In all other zones, fences and walls are permitted to be erected at the front building line of legally existing principal structures extending to the side or rear lot lines, provided they do not exceed six feet in height.

No fence or wall shall be erected in any residential zone district in excess of a six-foot height. No fence or wall shall be erected in any nonresidential zone district in excess of an eight-foot height.

No fence or wall shall be constructed or installed with barbed wire, metal spikes, or topped with concertina or razor wire, broken bottles or similar materials so as to be dangerous to humans or animals.

No fence, wall or hedge shall be constructed or installed so as to constitute a hazard to traffic or safety. All such material located within the sight triangle as defined in § 106-111 of this chapter are to be maintained at a maximum height of three feet from street grade.

The face or finished side of a fence or wall shall face the adjacent property.

A six-foot closed fence is required to be installed as a buffer between all nonresidential uses and residential zones.

On a corner lot, no fence other than an open or closed fence not more than six feet in height shall be permitted in the side yard closest to the street, that is, beyond the side line of the principal building. On a vacant corner lot, no fence other than an open or closed fence not more than six feet in height shall be allowed beyond the permitted building envelope on the side closest to the street. No closed fence or fence in excess of four feet permitted by this § 106-118H on a corner lot shall be erected any closer than three feet to a side yard property line in the side yard closest to the street.

[Added 2-11-2014 by Ord. No. 14-03; amended 11-24-2015 by Ord. No. 15-23; 8-14-2018 by Ord. No. 18-19]

§ 106-119 Swimming pools.

The purpose of this section is to insure that all necessary safety measures are taken to prevent pool related accidents, most especially with young children.

A zoning permit shall be obtained for the installation of all private swimming pools. A swimming pool is considered an accessory structure and shall conform with all provisions of § 106-107 unless otherwise stated in this section.

All swimming pools must be enclosed by a fence or barrier completely surrounding the pool. It must be of sufficient strength to withstand a horizontal concentrated load of 200 pounds applied on a one-square-foot area at any point. It cannot have any footholds or handholds that help a young child to climb it. If the barrier is a chain link fence, then no part of the diamond shaped opening shall be larger than 1 3/4 inches. It shall be constructed so as to prohibit the passage of a sphere equal to or larger than four inches in diameter through any opening or under the fence. While the fence does not have to be closed, it must be of a type to prevent access to the pool. Required minimum fence height for an above ground pool shall be four feet; for an inground pool it shall be six feet. Any gates must be self closing, and have a self-latching mechanism in proper working order located at least four feet above the ground.

Swimming pools can be located no closer than five feet to any side or rear property line.

All swimming pools must conform with all applicable sections of BOCA Section 623.1 et seq.

§ 106-120 Satellite dishes/antennas.

It is the purpose of this section to allow satellite dishes and antennas in accordance with Federal Communications Commission (FCC) regulations, but only in locations that will not detract from neighborhood or community appearance or value.

A zoning permit shall be required for the installation of a satellite dish or antennae. Satellite dishes/antennas are considered accessory structures and must comply with § 106-107 of this chapter unless otherwise stated in this section.

All satellite dishes and antennas must comply with FCC regulations, and installers or property owners must provide such proof to the Zoning Officer.

Satellite dishes in residential zones shall be no larger than eight feet in diameter, and satellite dishes in nonresidential zones shall be no larger than 12 feet in diameter, unless the applicant can demonstrate to the approving authority a need for a larger size.

Satellite dishes and antennas can be located on roofs, but cannot exceed the height limitations in any zone unless the applicant can prove to the approving authority that a less intrusive location is not possible.

Satellite dishes and antennas shall not be located in a front yard nor be visible from the public right-of-way. They can be located in side and rear yards in accordance with § 106-107, but the yard setback refers to the outside dimension of the structure, not the central location.

All satellite dish/antennae installations and plans must be must be certified as safe, and signed and sealed, by a professional engineer. All satellite dishes/antennas must conform to all applicable sections of BOCA Section 622.1 et seq.

All satellite dishes and antennas shall be wire mesh and/or painted in earth tone colors in order to reduce their visibility.

All satellite dishes and antennae shall be located and screened by fencing or landscaping sufficient to screen them from view to the maximum extent possible that it would not impair reception. Moderately low landscaping on the transmission side with heavier evergreen screening on the other three sides would satisfy this requirement.

No more than one satellite dish/antennae shall be installed on a lot in the residential zones, and no more than two shall be installed on lots in nonresidential zones.

§ 106-120.1 Telecommunications antennas and towers.

[Added 2-22-2005 by Ord. No. 05-02]

Purpose. It is the intent of this section to regulate cellular communications towers and antennas located within the Borough of Garwood to:

(1)

Restrict the location of towers to certain nonresidential areas;

(2)

Minimize the total number of towers throughout the Borough;

(3)

Encourage strongly the joint use of new and existing tower sites;

(4)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(5)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;

(6)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

(7)

Consider the public health and safety of communications towers;

(8)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(9)

Encourage the use of existing structures for antennas;

(10)

Encourage designs that blend into the background setting of their locations.

Definitions. The following terms used in this section shall have the following meanings:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Satellite dishes shall not be included within this definition.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BOROUGH

The Borough of Garwood, County of Union, State of New Jersey.

COLLOCATION

When two or more receiving and/or transmitting facilities are placed together in the same location or on the same tower or monopole.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

GOVERNING BODY

The Mayor and Council of the Borough of Garwood.

HEIGHT

When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

PREEXISTING TOWERS AND ANTENNAS

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

SATELLITE DISH

Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals.

TOWER

Any structure that is designated and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

Applicability.

(1)

New towers or antennas. All new towers or antennas in the Borough of Garwood shall be subject to these regulations, except as provided in Subsection D(6) and (7).

(2)

Amateur radio; receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under seven feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

(3)

Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection D(6) and (7). Any such towers or antennas shall be referred to in this section as "preexisting towers or preexisting antennas." This exception shall not apply to any expansion or intensification of said preexisting tower or antenna.

(4)

Government agencies. Communication towers or antennas owned, operated or used by the federal, state, county or municipal governments shall be exempt from the requirements of this section.

General guidelines and requirements.

(1)

Principal or accessory use. Antennas and towers shall be considered principal uses unless subservient and clearly related to an existing principal use or structure, except as may be provided under Subsection H(1), below.

(2)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with local zoning regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be licensed parcels within such lots.

(3)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that are either within the jurisdiction of the Borough or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. The Borough departments may share such information with other applicants or organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the Borough departments are not, by sharing such information, in any way representing or warranting that such sites are available or suitable or that the information is complete and accurate.

(4)

Aesthetics. The guidelines set forth in this Subsection D(4) shall regulate the location of all towers and the installation of all antennas governed by this section, provided, however, that the appropriate Borough body may waive these requirements if it determines that the goals of this section are better served thereby.

(a)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

(b)

At a tower site, the design of the buildings and accessory structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding buildings.

(c)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(d)

Whenever practicable, towers and antennas shall employ RF transparent materials which appear to be architectural elements of the structure supporting the antennas or otherwise conceal or camouflage antennas to reduce the visual impact of the tower and antennas to the greatest degree.

(5)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(6)

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling governmental or quasi-governmental agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall require the removal of the tower or antenna at the owner's expense.

(7)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable national, state and local standards for towers as amended from time to time. If, upon inspection, the appropriate Borough official concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owners fail to bring such tower into compliance within said 30 days, the tower shall be removed at the owner's expense.

(8)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Garwood irrespective of municipal and county jurisdictional boundaries.

(9)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(10)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the Borough have been obtained and shall file a copy of all required franchises with the Clerk of the Borough of Garwood, who shall distribute copies of same to the Borough Construction Official and the Borough Zoning Officer.

(11)

Signs. No signs or other nonessential accoutrements shall be allowed on any antenna or tower with the exception of warning signs or other signs required by federal, state or local law.

(12)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection L. Buildings and support equipment clearly related to the use of antenna shall be considered accessory structures.

Permitted uses. Antennas shall be permitted uses in the following zones:

	Central Business District	CBD
	General Business District	GBD
	Community Commercial Zone	CC
	Light Industrial Zone	LI
	Industrial District	I

Conditional uses. Towers shall be conditional uses in the following zones, provided that they comply with Subsection J below:

	Central Business District	CBD
	General Business District	GBD
	Community Commercial Zone	CC
	Light Industrial Zone	LI
	Industrial District	I

Exemption for property owned, controlled or leased by the Borough. All applications for antennas or towers to be placed on property owned, controlled or leased by the Borough are exempt from Planning Board review but are subject to review and approval by the Borough governing body, which may require a license or lease for such antenna and/or tower.

Regulations and standards for antennas.

(1)

Antennas on existing structures. Any antenna to be installed on an existing structure shall be a permitted accessory use, subject to site plan approval, on any permitted use in the zone. The antennas shall:

(a)

Not extend more than three feet above the highest point of the structure;

(b)

Comply with all applicable FCC and FAA regulations; and

(c)

Comply with all applicable construction codes.

(2)

Antennas on existing towers. An antenna to be attached to an existing tower shall be subject to site plan approval.

Site plan approval.

(1)

General. No person shall construct or erect, or cause to be constructed or erected, a tower or antenna unless site plan approval is obtained from the Planning Board. The following provisions shall also apply:

(a)

In granting site plan approval, the approving authority may impose conditions to the extent such approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties or the community at large.

(b)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(c)

Any applicant for site plan approval shall submit the information described in this section and shall also pay all applicable application fees and escrow deposits.

(2)

Information required for site plan approval for towers. In addition to any information required for applications for site plan approval pursuant to § 106-71 et seq. of this chapter, applicants for site plan approval for a tower should submit the following information:

(a)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings and materials of the proposed tower and any other structures, topography, parking, and other information as required by this and other Borough ordinances to enable comprehensive review of the application.

(b)

Survey of the property, signed and sealed by a surveyor licensed in the State of New Jersey, dated no earlier than 12 months prior to the date of the application.

(c)

The distance between the proposed tower and the nearest residential unit.

(d)

The separation distance from other towers described in the inventory of existing sites submitted pursuant to this section shall be shown on an updated site plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).

(e)

A landscape plan showing specific landscape materials and precise locations of existing and proposed landscaping improvements certified by a licensed engineer or certified landscape architect.

(f)

Method of fencing, material and finished color and, if applicable, the method of camouflage and illumination.

(g)

A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(h)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(i)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(j)

A description of the feasible location(s) of future towers or antennas which may be erected by the applicant within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(k)

Line-of-sight analysis detailing the view of the proposed tower from various directions and angles from adjacent public and residential areas. The analysis shall be utilized to determine buffer requirements.

Conditional use standards for towers. An applicant shall satisfy the specific conditions enumerated below to obtain site plan approval for towers.

(1)

Maximum tower height: The maximum height of any tower shall not exceed 70 feet. For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antenna.

(2)

Setbacks. The following setback requirements shall apply to all towers for which site plan approval is required:

(a)

Towers must be set back a distance equal to at least 125% of the height of the tower from any adjoining lot line, provided that distance is no closer than the building setback applicable to the zone.

(b)

Guys and accessory facilities must satisfy the minimum zoning district setback requirements.

(3)

Separation. The following separation requirements shall apply to all towers and antennas for which site plan approval is required. Separation from off-site uses/designated areas:

(a)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(b)

Separation requirements for the towers shall comply with the minimum standards established in Table 1.

TABLE 1
Off-Site Use/Designated Line	Separation Distance Measured from the Nearest Point of the Tower to the Structure of the Off-Site Use or Designated Line
Any zoning district in which residential use is a permitted or conditional use; any lot on which any residential use exists	300 feet or 300% of height of tower, whichever is greater, measured to the residential unit
Lands which are neither zoned for residential use nor in residential use	Setbacks apply pursuant to Subsection J(2)

(4)

Availability of suitable existing towers or other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board, and said Board makes specific and separate written findings thereon, that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(a)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(b)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(c)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(e)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/ receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Design standards for towers. Applicants shall satisfy the design standards enumerated below to obtain site plan approval for towers in addition to other standards that may be required pursuant to this Chapter 106:

(1)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the appropriate approving authority may waive such requirements.

(2)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the appropriate approving authority may waive such requirements if the goals of this section would be better served thereby.

(a)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall be consistent with § 106-116B.

(b)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(c)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Building or other equipment storage.

(1)

The equipment cabinet or structure used in association with antennas shall comply with the following:

(a)

The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 12 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure shall not be located on the roof of the structure.

(b)

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

(c)

If the equipment structure is located on the roof of a building, it shall be camouflaged.

(d)

Equipment storage buildings or cabinets shall comply with all applicable building codes.

(e)

The equipment cabinet or structure shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet.

(2)

Modification of building size requirements. The requirements of this section may be modified by the appropriate approving authority to encourage collocation.

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be presumed abandoned, and the owner of such antenna or tower shall remove same within 30 days of being notified of such abandonment.

§ 106-121 Height exceptions.

No structure shall exceed the height restrictions for each zone except that such restrictions shall not apply to:

Church steeples, belfries, cupolas, domes, public monuments, and chimneys which may have a maximum height of 45 feet.

Mechanical appurtenances such as condensers, exhaust fans, elevator housing and other similar equipment, provided they are located in nonresidential zones, do not extend more than 12 feet above the maximum height limitation and are suitably screened. This screening shall consist of structures which are integrally designed with the building or are otherwise rendered not visible from the ground level of adjacent lots and streets.

Parapet walls not extending more than four feet above the maximum height limitation.

§ 106-122 Nonconforming uses and structures.

Continuation of use. A use, building or structure which is lawfully in existence at the effective date of this chapter and shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, may be continued as otherwise provided in this section.

Regulation of nonconforming uses and structures. No existing use, structure or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, unless it is changed to a nonconforming use or structure or when required to do so by law, as follows:

(1)

Restoration. Any nonconforming structure or use damaged to less than 50% of its previous existing area or value may be restored, reconstructed or used as before, provided the area of such use or structure shall not exceed the area which existed prior to such damage nor increase the intensity of use. All repairs shall be completed within one year after damages occur, or within such time extensions granted by the Zoning Officer, which can only be granted upon good cause being shown by the applicant, or such use shall not be rebuilt except as a conforming use.

(2)

Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use or structure and does not increase the intensity of use.

(3)

Alterations. A building containing residential nonconforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of bedrooms or dwelling units.

(4)

Nothing in this section shall prevent the strengthening or restoring to a safe or lawful condition any part of any structure declared unsafe by the Construction Official.

Termination of nonconforming uses. Nonconforming uses and structures are considered terminated and shall not be revived in any way except as a conforming use or structure in accordance with the following:

(1)

Abandonment. A nonconforming use or structure abandoned in accordance with § 106-4 of this chapter and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims or retains any interest in the subject matter of the abandonment shall be considered a termination thereof.

(2)

Change of use. The change of a nonconforming use or structure to a more restricted or conforming use for any period of time shall be considered an abandonment thereof.

(3)

Partial destruction. A nonconforming structure or use which has 50% or more of its nonconforming area or value destroyed by fire or other casualty or Act of God shall be considered an abandonment thereof.

Exceptions.

(1)

Any nonconforming structure lawfully under construction on the effective date of adoption of this section may be completed and may be used for the nonconformance for which it was designed and approved, provided that it shall be completed within one year after the effective date thereof.

(2)

Notwithstanding any other provisions of this chapter, any principal nonconforming residential structure located in a residential zone and lawfully in existence on the effective date of this section may be rebuilt in the event of fire or other casualty or Act of God without obtaining a variance, provided the dimensions and area of the structure are substantially identical to the dimensions of the damaged or destroyed structure and the extent of nonconformity is not expanded or enlarged.

(3)

Notwithstanding any other provisions of this chapter, any existing nonconforming lot in the RA, RA1 or RB Zone which is in single ownership, is not adjoining any vacant land and is nonconforming due to shape, width or area may be improved with a new structure as otherwise permitted by this chapter, provided that the applicable front, rear and side yard requirements applicable to the zone shall be maintained, and that the maximum habitable floor area and applicable floor area ratio be maintained.

[Added 7-27-2004 by Ord. No. 04-11]

(4)

Where a lot exists in single ownership and is improved with a building which is nonconforming due to location, said building may be expanded, provided that existing nonconforming yards or setbacks are only extended and not further encroached upon, and further provided that where yards or setbacks are required, no such yard or setback shall be less than five feet.

[Added 7-27-2004 by Ord. No. 04-11]

§ 106-123 Hours of operation.

[Amended 2-25-1997 by Ord. No. 97-03]

Industrial uses in the Industrial/Commercial or Light Industrial Zones may be open for business 24 hours a day. All other commercial or industrial uses may not be open 24 hours a day, and must, at a minimum, be closed for business between the hours of 12:00 a.m. and 5:00 a.m., unless regulated by a state or federal government agency or law.

§ 106-124 Drive-through facilities.

[Added 2-25-1997 by Ord. No. 97-03]

Freestanding drive-through uses are not permitted as principal structures or uses in any zone. Where a drive-through facility is permitted as an accessory use or structure, the structure housing the principal use shall have a minimum lot coverage of 40%. Except as specifically set forth herein, all other regulations in this chapter regarding drive-through uses shall remain in full force and effect.

§ 106-124.1 Short-term rentals.

[Added 12-22-2022 by Ord. No. 22-17]

Purpose and scope. This section aims to prohibit the practice of renting or leasing various types of dwellings, or segments thereof, located in the Borough of Garwood on a short-term basis to transient guests. The prohibition of short-term rentals is to maintain the quality of life and welfare of the community in the Borough and reduce and/or eliminate public nuisances, life safety concerns, disorderly behavior, quality of the neighborhoods, security concerns, fire safety concerns, additional noise, waste and other negative impacts. The prohibitions and/or limitations set forth in this section shall be applicable to all zones within the Borough of Garwood.

This section does not apply to any use of single-family dwellings protected by New Jersey State Law, lawfully existing, including community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and children in group homes.

Advertise or advertising. The print, electronic, or internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this chapter, including the regulations on duration, or any other applicable provision of the Borough Code, is prohibited. Anyone who publishes such an advertisement, including AirBnB, VRBO and the like, shall be guilty of a violation of this section.

Short-term rentals prohibited.

(1)

No dwelling, or segment thereof, may be rented or leased for a term of less than 28 consecutive days.

(2)

The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with a dwelling, including, but not limited to pools, is prohibited.

(3)

The lease or rental of any dwelling for commercial or corporate purposes is prohibited.

Permitted use.

(1)

A dwelling, or segment thereof, may be rented or leased for a term of less than 28 consecutive days, as long as there is no consideration received for occupancy. Consideration shall include any service or other charge or amount required to be paid as a condition for occupancy, valued in money, whether received in money or otherwise and whether received by the short-term rental host, or hosting platform, or other person acting on behalf of the short-term rental host.

(2)

Nothing herein shall be deemed to prevent the otherwise lawful occupancy of a dwelling unit or a residential property for a rental period of 28 or more consecutive days.

(3)

Nothing herein shall be deemed to prevent a use and occupancy agreement between buyer and seller of a dwelling.

Violations of this section shall be governed by Chapter 106, Article I, General Provisions, § 106-30.