Township of Livingston, NJ Article XI General Zoning Regulations

§ 170-85 Zone districts.

[Amended by Ord. No. 23-1989; Ord. No. 2-1996; Ord. No. 3-1996; Ord. No. 6-1997; Ord. No. 18-1997; Ord. No. 29-1997; Ord. No. 13-1998; Ord. No. 13-1999; Ord. No. 34-1999; 9-18-2006 by Ord. No. 37-2006; 5-4-2009 by Ord. No. 16-2009; 12-20-2010 by Ord. No. 37-2010; 2-28-2011 by Ord. No. 5-2011; 3-28-2011 by Ord. No. 10-2011; 3-28-2011 by Ord. No. 11-2011; 12-7-2015 by Ord. No. 21-2015; 5-23-2016 by Ord. No. 15-2016; 9-8-2020 by Ord. No. 10-2020; 5-10-2021 by Ord. No. 6-2021; 5-10-2021 by Ord. No. 8-2021; 6-21-2021 by Ord. No. 10-2021; 8-9-2021 by Ord. No. 12-2021; 7-12-2021 by Ord. No. 16-2021; 9-27-2021 by Ord. No. 31-2021; 9-27-2021 by Ord. No. 32-2021; 9-27-2021 by Ord. No. 33-2021; 1-24-2022 by Ord. No. 1-2022; 2-26-2024 by Ord. No. 3-2024; 2-26-2024 by Ord. No. 4-2024]

For the purpose of this chapter, the Township of Livingston is hereby divided into zone districts known as:

WRC	Water Resource Conservation District
R-1	Residence District
R-2	Residence District
R-3	Residence District
R-4	Residence District
R-5A	Residence District
R-5B	Residence District
R-5C	Residence District
R-5D	Residence District
R-5E	Residence District
R-5F	Residence District
R-5G	Residence District
R-5H	Residence District
R-5I	Residence District
R-5J	Residence District
R-5K	Residence District
R-6	Senior Citizen Housing District
AH	Adult Housing District
B	Central Business District
B-1	General Business District
B-2	Highway Business District
BN	Neighborhood Business District
P-B	Professional Building District
P-B1	Professional Office District
P-B2	Professional Office District
P-B3	Professional Office District
D-S	Designed Shopping Center District
D-S2	Designed Shopping Center District
R-L	Research Laboratory District
R-L2	Research Laboratory District
I	Limited Industrial District
CI	Commercial Industrial District
OS	Open Space District
RIAO	Inclusionary Adult Residential Overlay District
R-5M	Multifamily Housing Overlay District
R-5O	Residence Overlay District
R-5P	Residence Overlay District
MU-2	Mixed-Use Overlay District
R-5N	Residence Overlay District
R-5R	Residence Overlay District
R-5Q	Residence Overlay District
R-5L	Residence Overlay District
R-5S	Residence Overlay District
RIAO-2	Residential Inclusionary Adult Overlay District - 2

§ 170-86 Zoning Map and Schedule of Requirements.

[Amended by Ord. No. 2-1996; 5-26-2022 by Ord. No. 10-2022]

A. Zoning Map. The location and boundaries of the zone districts established by § 170-85 shall be as set forth on the Zoning Map title "Zoning Map, Township of Livingston, Essex County", prepared by Colliers Engineering & Design, dated September 2021, last revised February 7, 2022 to reflect subsequent ordinance amendments changing the boundaries, number and/or name of the zone districts. The Zoning Map shall be deemed to be a part of this chapter and shall be maintained on file with the Township Clerk. The Zoning Map includes a Zoning Table providing a summary of the requirements of each zone as set forth in detail in the text of this chapter.

B. Interpretation of boundaries. Zoning district boundary lines are intended to follow street center lines, rights-of way, streams and lot or property lines as they exist on lots of record at the time of enactment of this section unless otherwise indicated by dimensions on the Zoning Map.

(1) Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the centerline of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70b.

(2) Where boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 20 feet distant therefrom, the street center lines, railroad rights-of-way, streams and lot lines shall be construed to be such boundaries.

(3) Where a zoning district boundary divides a lot, the location of the boundary, unless indicated by dimensions on the Zoning Map, shall be determined by use of the stated scale on the map.

C. Applicability within each district. The zoning standards, controls and designations apply to every structure, lot and use within each district and the district line extends vertically in both directions from ground level.

§ 170-87 General zoning requirements.

[Amended by Ord. No. 23-1989; Ord. No. 6-1992; Ord. No. 5-1994; Ord. No. 3-1996; Ord. No. 40-1997; Ord. No. 47-1997; Ord. No. 22-1998; Ord. No. 5-2002; Ord. No. 4-2003; 9-19-2005 by Ord. No. 29-2005; 9-5-2006 by Ord. No. 40-2006; 3-19-2007 by Ord. No. 5-2007; 2-7-2011 by Ord. No. 1-2011; 11-21-2011 by Ord. No. 34-2011; 5-19-2014 by Ord. No. 13-2014; 2-22-2015 by Ord. No. 7-2016; 12-7-2020 by Ord. No. 19-2020; 8-9-2021 by Ord. No. 17-2021; 10-16-2023 by Ord. No. 27-2023; 5-13-2024 by Ord. No. 12-2024; 5-13-2025 by Ord. No. 16-2025]

A. Zoning to affect all structures, buildings and land and the use thereof. No land or premises shall be used, and no building or structures shall be erected, raised, moved, extended, enlarged, altered or used, for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.

B. Construction permits and building plans.

(1) No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until there has been filed with the Construction Official an application in duplicate for a construction permit. All applications shall be filed by the owner or his agent and shall state the intended use of the structure and the land. The application shall be accompanied by detailed plans and specifications, in duplicate, drawn to scale, and a plot plan, drawn to scale, the latter showing the actual dimensions in figures, all open spaces, the established building lines within the block and such other information as may be necessary or desirable to provide for the proper enforcement of this chapter. All plans, specifications and plot plans shall be signed by a duly licensed architect of the state of New Jersey or a licensed professional engineer or the owner, if such owner has prepared the plans, specifications and plot plan, in which case such owner shall also file an affidavit to that effect.

(2) No construction permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.

C. Certificates of occupancy.

(1) No land shall be occupied or used, and no buildings hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the proposed use of the premises or building complies with all the provisions of this chapter.

(2) No change or extension of use and no alteration of use shall be made in a nonconforming use of a building or premises without a certificate of occupancy having first been issued by the Construction Official indicating that such change, extension or alteration is in conformity with the provisions of this chapter.

(3) A new tenant certificate shall be applied for to reoccupy any existing building or premises, other than a residential building.

(4) A record of all such certificates shall be kept on file in the office of the Construction Official, and copies thereof shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected. Such fee as may be fixed by ordinance shall be charged for the original certificate and for each copy thereof.

D. Yards. Every lot shall provide front, rear and side yards as required by its zone district. All front yards shall face upon a dedicated improved public street or upon a private street approved by the Planning Board or Township Council. No lot shall contain more than one principal building in any zone, except in the P-B1 Zone, where two principal buildings shall be permitted on one lot, and in the D-S2 Zone. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet.

E. Accessory building. No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building in any residential zone shall contain any basement or other occupiable space below grade.

(1) In the residence districts:

(a) No accessory building shall exceed 13 feet in height.

(b) Accessory buildings shall be located at least 10 feet from any principal building situated on the same lot, unless an integral part thereof, and shall be at least six feet from any other accessory building or structure.

(c) Accessory buildings on corner lots shall not be erected nearer to the side street than the front yard requirement of that street.

(d) No wall of an accessory building shall be located closer to the rear lot line than as follows:

[1] In the R-1 Zone: 10 feet.

[2] In the R-2 Zone: 10 feet.

[3] In the R-3 Zone: seven feet.

[4] In the R-4 Zone: five feet.

(e) Accessory buildings shall only be built within the rear yard and shall be no closer to a side lot line than the distance set forth in the schedule of Subsection E(1)(d) of this section.

(f) The total floor area of all accessory buildings or structures under a roof, whether enclosed or open, except up to the first 450 square feet of any garage space, which shall be exempt, on any lot meeting the minimum lot size requirements in the applicable zone shall not exceed the following:

[1] In the R-1 Zone: 8% of the rear yard area but not to exceed 1,350 square feet.

[2] In the R-2 Zone: 8% of the rear yard area but not to exceed 900 square feet.

[3] In the R-3 Zone: 5% of the rear yard area but not to exceed 500 square feet.

[4] In the R-4 Zone: 5% of the rear yard area but not to exceed 200 square feet.

The total floor area of all accessory buildings, or structures under a roof, whether enclosed or open, except the first 450 square feet of garage space, on any lot in the R-1, R-2 or R-3 zone not meeting the minimum lot size requirements in the zone in which it is located shall be the highest percentage applicable to any zone for which the lot size meets the minimum lot size requirements.

(g) No accessory building shall be used for residential purposes by any person or persons, including members of the family of the occupants of the principal building.

(2) In the nonresidential districts:

(a) No accessory building shall exceed the height permitted for the principal building.

(b) No accessory building shall be closer to the principal building or any abutting property line than the height of said accessory building.

(c) No accessory building shall be closer to another accessory building than 1/2 of the height of the tallest accessory building.

(d) Accessory buildings may be built within any side yard if the distance from such accessory building to the side line of the lot is equal to or greater than the required side yard setback for the principal building on such lot.

(e) Accessory buildings may be built within the front yard if the distance from said building to the front street property line is not less than the required front yard setback.

(f) The total floor area of all accessory buildings on a site shall not exceed the total floor area of the principal building on site.

F. Dwelling in rear of lots. No buildings to be used as a dwelling shall be constructed, altered or moved in or to the rear of a building situated on the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot.

G. Existing platted lots. Any lot as laid out on the Tax Map of the Township of Livingston, at the time of the adoption of this chapter, that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in the zone district in which it lies; provided, however, that said lot is in single ownership as defined in this chapter, and provided further that all yard requirements are complied with. The use of more than one lot in common ownership, where the same do not comply with the minimum requirements of this chapter, may be permitted by the Board of Adjustment on the basis of neighborhood character. For the purposes of this section, the Board of Adjustment shall be guided by the following standards to determine neighborhood character:

(1) Two lots. If each of the two contiguous lots in question has both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60% of the total number of developed lots within 400 feet of the lots in question, on both sides of the same street, or to the nearest intersection, whichever is the closer, each of said lots shall be construed to be in character with the neighborhood.

(2) Three lots. If three contiguous lots in common ownership have both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60% of the total number of developed lots within 400 feet of the lots in question, on both sides of the same street, each of said lots shall be construed to be in character with the neighborhood.

(3) Four lots. If four contiguous lots in common ownership are each less than the minimum requirements, they shall be resubdivided into one, two or three lots based upon the character of the neighborhood as defined in Subsection G(1) and (2) above. No lot, however, shall have a width of less than 60 feet at the front yard setback line.

(4) The provisions of this section shall apply to and govern the use of existing platted lots, anything in this chapter to the contrary notwithstanding.

H. Required area or space. No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.

I. Garages in residence districts.

(1) No construction permit shall hereafter be granted for the erection of a new dwelling unless provisions have been made for the construction of a garage for at least one, but not more than three, motor vehicles, which garage shall be connected by a driveway to the adjacent street, road or lane. The provisions of this section must be met on a single lot for which said garage is accessory to the main use of the premises. In the event an existing garage is demolished, it must be replaced by equal or greater indoor parking spaces.

(2) No building (construction) permit shall hereafter be granted for the conversion of a garage serving a dwelling in a residence district for use as livable floor space or for any other use permitted in a residence district, unless the building plans submitted with the application for such permit indicate that a garage for at least one motor vehicle will be available or provided to serve such dwelling, as required by this section or § 170-94D(1) of this chapter.

(3) Restrictions on the parking of commercial vehicles and commercial trailers on private property in residential zoning districts are as set forth in § 170-87X and Y.

(4) The provisions of this § 170-87I must be met on the single lot for which the garage is accessory to the main use of the premises.

(5) Hazardous materials, as defined by the New Jersey Department of Environmental Protection in N.J.A.C. 7:1E-1.7, which are used in connection with a business or commercial enterprise, may not be stored within any garage on any residential property, including any such hazardous material on or within a commercial vehicle or commercial trailer permitted to be garaged on the property under § 170-87X and Y.

J. Dangerous conditions. No permit shall be granted for a building or use if the design or construction of the same involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard.

K. Traffic visibility across corner lots. On corner lots in the residence districts, no structure or planting, except deciduous trees, over 30 inches in height above the curb or edge of the roadway shall be erected or maintained within 25 feet of the intersection of the two roadway right-of-way lines or in such manner as to interfere with traffic visibility across the corner.

L. Corner lots.

(1) Every building hereafter erected or placed on or moved to a corner lot shall meet the following building side street setback requirements:

(a) In the R-1 Zone: 60 feet.

(b) In the R-2 Zone: 50 feet.

(c) In the R-3 Zone: 40 feet.

(d) In the R-4 Zone: 35 feet.

(e) In the P-B Zone: 75 feet.

(f) In the I Zone: 50 feet.

(g) In the R-L Zone: 100 feet.

(h) In the R-L2 Zone: 50 feet.

(i) In the B Zone: 10 feet.

(j) In the B-1 Zone: 10 feet.

(k) In the B-2 Zone: 50 feet.

(l) In the CI Zone: 50 feet.

(2) However, in the case of an existing platted lot at the time of adoption of this chapter which is narrower at the front building setback line than the minimum width required by this chapter, a building may be constructed thereon, provided that it is placed no closer to the side street right-of-way line than the distance shown in the following schedule:

(a) R-1 Zone: 37.5 feet.

(b) R-2 Zone: 30 feet.

(c) R-3 Zone: 25 feet.

(d) R-4 Zone: 20 feet.

M. Temporary permits. Temporary permits may be authorized by the Board of Adjustment, after a hearing, for a period not to exceed one year, for nonconforming uses incidental to construction projects on the same premises, including such uses as storage of building supplies and machinery and the assembly of building materials. In addition, the Board of Adjustment, after a hearing, may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sales and management office for the sale of dwellings within a subdivision, provided that all of the following requirements are complied with:

(1) The house to be used as such office is built upon a lot laid out as part of a subdivision approved by the Planning Board.

(2) Such house is substantially similar in design to those to be erected within said subdivision.

(3) No business other than that accessory to the management and sales of the lots owned by the applicant shall be permitted.

(4) Said house shall meet all other zoning restrictions of the zone in which it is located.

(5) No temporary certificate of occupancy shall be issued under this section for a period longer than one year; however, such temporary permit may be renewed by the Board of Adjustment annually, after a hearing.

N. Outdoor storage.

(1) No merchandise, article or materials of any kind shall be kept, stored or displayed outside the confines of a building in any district other than the B-1, I and CI Zones and then only if all of the following requirements are complied with:

(a) In the B-1 Zone, the only outdoor storage or sales permitted is used car sales as an accessory to a franchised new car dealer as regulated in the B-1 Zone.

(b) In the I Zone, outdoor storage is permitted if the same is so screened by a masonry wall at least eight inches thick and at least six feet in height, above grade, as required by the Construction Official, so that the storage shall not be visible from adjoining or adjacent properties. Such masonry wall shall be shown on the required site plan. If said wall is of cinder or concrete block construction, the exterior thereof shall be finished with cement plaster, stuccoes and properly capped at the top with a two-inch or four-inch solid block. Outdoor storage as authorized by this section is permitted only in the side and rear yards, and under no circumstance shall the storage or display of any article or material be permitted in the front yard of any zone.

(c) In the CI Zone, outdoor storage is permitted as regulated in the I Zone; provided, however, that the outdoor storage of motor vehicles in connection with a new motor vehicle dealership shall be as regulated in § 170-88H.

(d) Trailers for use on a commercial development project will be allowed if the site permits as determined by the Zoning Official. A building permit and a container permit plus the payment of appropriate fees will be necessary to install a construction trailer on a commercial site ($75 for container permit).

(2) Storage containers and construction trailers in residential zones.

(a) The use of PODS® and similar type trailers will be allowed on a temporary basis in a residential zone subject to the following conditions:

[1] Containers shall be placed on the driveway if possible.

[2] No part of the container shall cover the sidewalk.

[3] The container and area surrounding it must be kept neat and clean.

[4] The container shall be eight feet off the property line if possible.

[5] The container shall not interfere with traffic viability.

[6] The size of the container is not to exceed 10 feet wide and 20 feet long and have no wheels.

[7] One container per property.

[8] The container may remain for 120 days with renewal at the discretion of the Zoning Official.

(b) Persons interested in placing a storage container on their residential property shall fill out a storage container application form and pay a $75 fee.

(c) Construction trailers are prohibited on residential property unless the project is part of a minor subdivision consisting of three or more contiguous lots or used on a major subdivision work site. A building permit and container permit ($75 fee) will be necessary to install a construction trailer on a residential site.

O. Nature and extent of uses of land. The control and regulation of the uses of buildings and structures, as herein provided, shall apply with equal force and in the same manner to the nature and extent of the use of land.

P. Flood hazard areas. No construction permit shall be issued nor shall any storage of material or equipment or other use be permitted within any flood hazard zone, as set forth in Article X of this chapter, until all requirements of said article are fully complied with. In addition, no building or structure shall be erected, built or placed on any lot located in any part or section of any zoning district bordering the Passaic River and which is subject to being flooded by the waters of said river, unless the first-floor level of such building or structure shall be at an elevation of at least 176 feet above mean sea level.

(1) No structure (except docks, piers, boathouses or similar structures related to watercourses) shall be constructed, placed, erected or extended closer than 30 feet to the bank or edge of a pond, river, brook or natural watercourse.

(2) Within 100 feet of such bank or edge of a pond, river, brook or natural watercourse, no structure shall be built and no permit shall be issued (except for docks, piers, boathouses or similar structures related to watercourses) until the Township Engineer certifies, in writing, to the Construction Official that, in his opinion:

(a) The structure will not be reached by the overflow of such pond, river, brook or natural watercourse during storms of ten-year average intensity;

(b) Proper facilities have been or will be provided for the disposal of sewage and surface waters, proper regard being had to the nature of the soil;

(c) The proposed structure, when built, can be occupied with safety and will not be entered by water to any extent which will impair the health or safety of the occupants; and

(d) The proposed structure will not impede the flow of surface waters through a natural swale or other watercourse.

Q. Location of buildings in the B, B-1 and B-2 Districts. Every building hereafter constructed, erected or placed in a B, B-1 or B-2 District for a use permitted by this chapter shall face or front upon a main street. For the purpose of this chapter, the following streets are hereby designated as main streets: Livingston Avenue, East McClellan Avenue, Mount Pleasant Avenue, Northfield Road, South Orange Avenue, Old Mount Pleasant Avenue and State Highway Route No. 10.

R. Projections and encroachments. Except as hereinafter specified, yards and setbacks required under this chapter shall be entirely free of buildings or parts thereof.

(1) The enclosure of the front stoop may extend into the required front yard, in any residential zone, for a distance not to exceed five feet, provided that said enclosure does not have a floor area greater than 35 square feet.

(2) The remodeling of any existing structure in which the exterior veneer will encroach into any required yard is permitted, provided that said encroachment does not extend into any street right-of-way.

(3) Chimneys and fireplaces may encroach into any required yard setback.

S. Height exceptions. The height limitations required in each zone district may be exceeded as follows:

(1) That part of a house of worship, such as a steeple, tower or minaret, shall not have a height limitation.

(2) Masts, flagpoles and antennas shall not exceed 45 feet, provided that it shall be so placed on any lot in such a way that the base of said structures is no closer to any property line than a distance that equals the height of said structure.

(3) In all zone districts other than the R-1, R-2, R-3 and R-4 Districts, ancillary structures such as elevator or escalator penthouses, cooling towers and other structures on the roof may exceed the height limitation imposed in the zone in which it is located subject to the following conditions:

(a) Said structures shall not exceed a height of 10 feet above the roof to which they are attached.

(b) Said structures are appropriately masked or screened as determined by the Planning Board at time of site plan approval.

T. Child-care centers. Child-care centers, as defined in § 170-3, shall be a permitted use in all nonresidential zones, and the floor area occupied in any building or structure as a child-care center shall be excluded in calculating:

(1) Any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations; and

(2) The permitted density allowable for that building or structure.

U. Family day-care homes. Family day-care homes, as defined in § 170-3, shall be permitted in all residential zones, except the R-6 Zone, subject to the following limitations:

(1) The person conducting such use must reside on the premises.

(2) Such use must be accessory to the residential use of the building, and no more than 40% of the floor area of the residence building or 750 square feet thereof, whichever is less, shall be devoted to such use.

(3) The building containing such use must be located on a lot or parcel of land fronting on Livingston Avenue, Mount Pleasant Avenue, Northfield Road, Old Short Hills Road, South Orange Avenue or Walnut Street.

(4) Parking and parking facilities conforming to § 170-94 shall be provided.

V. Maximum building coverage ratio. The development of any lot in the R-1, R-2, R-3 and R-4 Zones shall not exceed the maximum building coverage ratio as calculated based upon the individual lot size according to the following schedule:

(1) For lots with a lot size of less than 5,000 square feet, the maximum building coverage ratio shall be 25%.

(2) For lots with a lot size of at least 5,000 square feet but less than 44,000 square feet, the maximum building coverage ratio shall be 25% minus the product of 0.0002135897 multiplied by the lot area in excess of 5,000 square feet.

(3) For lots with a lot size of at least 44,000 square feet but less than 100,000 square feet, the maximum building coverage ratio shall be 16.67% minus the product of 0.0001041071 multiplied by the lot area in excess of 44,000 square feet.

(4) For lots with a lot size of 100,000 square feet or more, the maximum building coverage ratio shall be 10.84%.

W. Parking restrictions. Motor vehicles shall not be parked on lawns or any other yard areas which are not improved for use as a driveway or off-street parking area in any zoning district.

X. Commercial vehicle parking in residence districts. A maximum of one commercial vehicle, as defined in § 170-3, may be parked on private property in residential zoning districts, subject to compliance with all of the following restrictions:

(1) The commercial vehicle must be owned, leased or used exclusively by a resident of the premises and actively used by such resident.

(2) The commercial vehicle must not require a commercial driver's license for its operation.

(3) The commercial vehicle shall have a maximum length of 22 feet, a maximum manufacturer's gross vehicle weight rating of less than 10,001 pounds, and a maximum height of 84 inches, excluding attachments permitted under § 170-87X(7).

(4) The commercial vehicle shall have no lettering or other exterior marking identifying a business or otherwise related to the commercial use of the vehicle, except for lettering with a maximum height of three inches on the front doors or any other lettering or marking required by a governmental regulatory body.

(5) These provisions shall not be construed to prohibit a commercial vehicle with livery plates, provided that all other requirements are satisfied.

(6) School buses and hearses are expressly prohibited.

(7) The commercial vehicle may not have attached to it, either permanently or temporarily, any equipment or other attachment designed primarily for commercial use of the vehicle; provided that this restriction shall not preclude roof racks, enclosed storage units or other attachments of a type or character customarily available from vehicle manufacturers, regardless of whether purchased with the vehicle or installed subsequently.

(8) These provisions shall not be construed to permit the outdoor storage of equipment, materials, goods or supplies related to use of a commercial vehicle, including outdoor storage on or in an open uncovered portion of a commercial vehicle.

(9) These provisions shall not be construed to limit the number of commercial vehicles used upon a farm or restrict the temporary parking of commercial vehicles in connection with provision of a business service.

Y. Commercial trailer parking in residence districts. Notwithstanding the provisions of Chapter 304, Trailers and Boats, of the Code of the Township of Livingston, commercial trailers, as defined in § 170-3, may not be parked on private property in any residential zoning districts, except that a maximum of one commercial trailer may be parked within a fully enclosed garage on any individual property.

Z. Community residences and shelters. In accordance with N.J.S.A. 40:55D-66.1, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2, shall be a permitted use in a single-family residence in all residence districts.

AA. Growth share requirements. Development in all zoning districts shall be subject to the growth share requirements in § 170-125.1.

BB. Habitable floor area. The development of any lot in the R-1, R-2, R-3 and R-4 Zones and the construction, reconstruction or expansion of any building(s) or structure(s) on any such lot shall not exceed the aggregated habitable floor area maximum according to the following schedule, except as permitted in Subsection DD.

(1) Within the R-1 Zone: 6,200 square feet.

(2) Within the R-2 Zone: 4,870 square feet.

(3) Within the R-3 Zone: 3,520 square feet.

(4) Within the R-4 Zone: 3,220 square feet.

CC. Habitable floor area ratio. The development of any lot in the R-1, R-2, R-3 and R-4 Zones and the construction, reconstruction or expansion of any building(s) or structure(s) on any such lot shall not exceed the habitable floor area ratio set forth in the following schedule, except as permitted in Subsection DD.

(1) Within the R-1 Zone: 0.15.

(2) Within the R-2 Zone: 0.18.

(3) Within the R-3 Zone: 0.21.

(4) Within the R-4 Zone: 0.30.

DD. Habitable floor area exemptions.

(1) Any property developed under the Township’s open space zoning or residential cluster development option is subject to the following habitable floor area limitations:

(a) Maximum habitable floor area: 10,000 square feet.

(b) Maximum habitable floor area ratio: 0.34.

(2) (Reserved)

EE. Every lot shall have its entire area within the same zone district. No lot shall be created by subdivision, merger, operation of law, or otherwise if it would result in any lot having area that would extend beyond a single zone district.

FF. Lot, flag, as defined in § 170-3. No flag-lots shall be created in any residence district. No permit shall be issued for construction of any residence on an existing flag-lot in a residence district. No existing flag-lot with a residence on it shall be subdivided to create any additional residential lot.

§ 170-87.1 Prohibited uses in all districts.

[Added 7-12-2021 by Ord. No. 18-2021]

A. All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service licensed outside of the Township.

[1] Editor's Note: See N.J.S.A. 24:6I-33.

§ 170-88 Conditional uses.

[Amended by Ord. No. 19-1989; Ord. No. 4-1990; Ord. No. 3-1996; Ord. No. 23-1998; Ord. No. 2-2000; Ord. No. 6-2000; Ord. No. 11-2000; 9-19-2005 by Ord. No. 29-2005; 4-8-2013 by Ord. No. 9-2013; 5-6-2019 by Ord. No. 5-2019; 9-23-2024 by Ord. No. 25-2024]

Pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), the Planning Board may approve conditional uses as herein permitted. Application for a conditional use, except an application by the Township of Livingston, shall be made in accordance with procedures set forth in § 170-61 of this chapter, and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be approved unless the same will not be detrimental to the health, safety and general welfare of the Township, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements shall be as follows:

A. Institutional uses. Institutional uses, as defined in this chapter, may be located in any zone district as a conditional use as hereinafter regulated, provided that the building in which such institutional use is conducted is located on a lot or parcel of land fronting on any one of the following roads or highways: Eisenhower Parkway, Livingston Avenue, Mount Pleasant Avenue, Northfield Road, Old Short Hills Road or South Orange Avenue. In reviewing the required site plan, the Planning Board shall ascertain that the proposed use will not substantially impair the intent and purpose of the Township's zone plan and will not, to any substantial extent, result in any adverse physical impact upon the existing use or future development of adjoining residential properties, any adverse effect on existing vehicular traffic patterns of adjoining or adjacent residential streets; any unusual or adverse sewerage or drainage conditions or any excessive noise or nuisance to adjoining residential properties resulting from play areas or parking areas. The requirements for the various institutional uses as a conditional use shall be as follows:

(1) Churches or houses of worship:

(a) That the area of the lot or tract is at least three acres.

(b) That the walls of the main building or of any accessory building or structure are set back in compliance with the zone district requirements, but in no case less than 100 feet from the abutting street right-of-way line or lines or less than 25 feet from every adjoining property line.

(c) Off-street parking shall be provided in accordance with the provisions of § 170-94 of this chapter. Parking areas shall be located in accordance with the restrictions of the zoning district involved and shall be prohibited within the minimum required front and side street setback requirements in the residence districts and the B and B-1 Districts.

(d) That the building will not exceed the height restrictions for the zone district in which it is to be located.

(2) Elementary and junior high schools:

(a) That the area of the lot or tract for an elementary school is at least five acres plus one acre for each 100 pupils, and for junior high schools at least 20 acres plus one acre for each 100 pupils.

(b) That the building will not exceed the height restrictions for the zone district in which it is to be located.

(c) That the walls of the main building or of any accessory building or structure are set back in compliance with the zone district requirements, but in no case less than 100 feet from the abutting street right-of-way line or lines or less than 50 feet from every adjoining property line.

(d) Off-street parking shall be provided in accordance with the requirements of § 170-94 of this chapter. Parking areas shall be located in accordance with the restrictions of the zoning district involved, except that in the residence districts and the B and B-1 Districts, parking shall be prohibited within the minimum front and side street setback areas.

(3) Senior high schools:

(a) That the area of the lot or tract is at least 20 acres plus one acre for each 100 pupils.

(b) That the building will not exceed the height restrictions for the zone district in which it is to be located.

(c) That the walls of the main building or of any accessory building or structure are set back in compliance with the zone district requirements, but in no case less than 100 feet from the abutting street right-of-way line or lines or less than 50 feet from every adjoining property line.

(d) Off-street parking shall be provided in accordance with the requirements of § 170-94 of this chapter. Parking areas shall be located in accordance with the restrictions of the zoning district involved, except that in the residence districts and the B and B-1 Districts, parking shall be prohibited within the minimum front and side street setback areas.

(4) Hospitals:

(a) That the area of the lot or tract is at least 25 acres.

(b) That the height of the main building or of any accessory building or structure will not exceed 2 1/2 stories or 35 feet, whichever is less.

(c) That the walls of the main building or of any accessory building or structure are set back in compliance with the zone district requirements, but in no case less than 150 feet from the abutting street right-of-way line or lines or less than 150 feet from every adjoining property line.

(d) Off-street parking shall be provided in accordance with the requirements of § 170-94 of this chapter. Parking areas shall be located in accordance with the restrictions of the zoning district involved, except that in the residence districts and the B and B-1 Districts, parking shall be prohibited within the minimum front and side street setback areas.

B. (Reserved)[1]

[1] Editor’s Note: Former Subsection B, Transition zoning, was repealed 2-28-2011 by Ord. No. 5-2011.

C. Public garages and gasoline filling stations. Public garages and gasoline filling stations shall only be permitted in the B-1 Zone as a conditional use, provided that all of the following requirements are met:

(1) In addition to the site plan detail required in Article IX of this chapter, the applicant shall also supply information indicating the size, type and construction of the tank or tanks and of the quantity of gasoline or other flammable liquid to be stored therein as the minimum depth of the top of the tank or tanks below the level of the ground and the method of extracting gasoline or other flammable liquids from the tank or tanks.

(2) The lot or parcel of land to be used for said conditional use has a street frontage of at least 150 feet and an average depth of at least 125 feet.

(3) The walls of the building or structure are set back at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line, except that where the lot or parcel is located in an I Zone, the front street setback provisions of such district shall apply.

(4) The entrance and exit driveway or driveways are at least 15 feet but no more than 25 feet wide, are located at least 10 feet from any adjoining property line and at least 20 feet from the corner of intersecting public streets, except where such public garage or filling station faces or fronts upon a state or county road or highway, then the Planning Board shall give consideration to and take into account any recommendation, in the interest of the public safety, made by the appropriate agency of the state or county, that the driveway cut or cuts on such state or county highway, as the case may be, be greater than 25 feet, in which case the Planning Board may grant permission to the applicant to deviate from the twenty-five-foot maximum width requirement.

(5) Every gasoline or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least 25 feet from any street right-of-way line and at least five feet from the side and rear lines of the premises.

(6) The lot containing a public garage or gasoline filling station shall not be devoted to any other uses, including but not limited to retail sales and services not involving automobile parts or accessories. This restriction shall not preclude incidental retail sales through vending machines or other means, but it is expressly intended to preclude a convenience store or other multiple use.

(7) Off-street parking shall be provided in accordance with the provisions of § 170-94 of this chapter.

D. Car washes. Car washes shall only be permitted in the B-1 Zone as a conditional use, provided that all of the following requirements are met:[2]

(1) In addition to the site plan detail required in Article IX of this chapter, the applicant shall also supply a circulation plan depicting:

(a) All driveways, parking and loading spaces.

(b) Turning movements for anticipated deliveries, emergency vehicle access, and waste management.

(c) A queuing plan depicting the path and maximum capacity of vehicles awaiting service, which shall provide for a minimum of 10 vehicles within a free-flowing line(s) from the point of ingress to the entrance to the car wash structure. Such queue shall not obstruct circulation of nor access to any other parking or circulation facilities. No motor vehicles queuing to enter a car wash shall be permitted on any public street of the Township, but must be confined within the parking and waiting areas shown on the plans.

(2) Car washes shall only be permitted on parcels in the B-1 Zone that have street frontage along State Route NJ-10 or Eisenhower Parkway (CR609).

(3) The lot or parcel of land to be used for said conditional use has a street frontage on State Route NJ-10 or Eisenhower Parkway of at least 150 feet and an average depth of at least 125 feet.

(4) The portion of the building or structure where a car wash operates shall be set back at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line.

(5) The minimum building size shall be 1,200 square feet and shall include restroom facilities for employees and customers.

(6) Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m.

(7) Any outdoor servicing of vehicles, such as but not limited to detailing, interior cleaning, and vacuuming of vehicles, shall be set back at least 40 feet from every adjoining property line, as measured from the servicing stall. Servicing stalls for such services shall be depicted on the circulation plan.

[2] Editor's Note: Former Subsection D, Nursing or convalescent homes, was repealed by Ord. 2-2000, § 4. See now § 170-88I.

E. Motels.

(1) Motels shall be permitted as a conditional use only in those portions of the R-2 Residence District, the B-1 General Business District and the B-2 Highway Business District fronting on both sides of State Highway Route No. 10 (known also in part as "West Mount Pleasant Avenue") to a depth of 500 feet, lying west of the dividing line between Lot 24 and Lot 25 in Block 100 on the Tax Map of the Township of Livingston currently in use, extended southerly across said State Highway Route No. 10, provided that all of the following requirements are complied with:

(a) Lot area and width. No motel shall be constructed or erected upon any lot or group of lots having an area of less than 2.5 acres and a width at the street line and at the building setback line, as hereinafter provided, of less than 300 feet.

(b) Height of buildings. No building shall exceed a maximum height of 28 feet.

(c) Front yard. There shall be a front yard of not less than 100 feet, except that in the B-2 Highway Business District, the front yard shall be not less than 125 feet. Off-street parking shall be permitted in the front yard; provided, however, that no such parking area shall be closer than 100 feet to the monumented right-of-way line of State Highway Route No. 10, except that in the B-2 Highway Business District, no such parking shall be permitted within 125 feet of the monumented right-of-way line of State Highway Route No. 10, or closer than five feet to any building, or closer than 15 feet to any other property line. On corner lots, the setback from the side street shall be the same as the front yard setback.

(d) Side yard. There shall be two side yards, neither of which shall be less than 40 feet in width. Off-street parking shall be permitted in the side yard; provided, however, that no such parking area shall be closer than 15 feet to a lot side line nor closer than five feet to any building.

(e) Rear yard. There shall be a rear yard of at least 100 feet. Off-street parking shall be permitted in the rear yard; provided, however, that no such parking area shall be closer than 15 feet to any lot line nor closer than five feet to any building.

(f) Parking. Off-street parking shall be provided in accordance with the provisions of § 170-94 of this chapter.

(g) Driveways. All driveways shall be located no closer than 15 feet to any side or rear property line.

(h) Permitted accessory uses. The following uses shall be permitted as accessory uses of a motel:

[1] A swimming pool for use only by automobile tourists or transients who are guests of the motel, except that no swimming pool shall be permitted, erected or constructed as accessory to a motel in any part of an R-2 Residence District lying within the area described in Subsection E above, and provided that:

[a] The pool shall meet the required conditions of § 170-96A(8)(b), (c) and (d).

[b] Outdoor swimming pools accessory to a motel operation shall, in addition to those requirements set forth in Subsection E(1)(h)[1] above, meet the following requirements:

[i] No cabanas shall be permitted or used as an accessory to such pool.

[ii] No swimming pool shall be closer to any front, side or rear property line than the distance that is required for a principal building.

[iii] Every swimming pool shall be completely enclosed with a permanent substantial fence (with gate or gates), no less than four feet in height above the ground level. No opening in such fence or gate shall be more than four inches in width. Every such fence and gate shall be so designed, constructed and maintained so as to prevent access to the pool at any time except when the pool is in use under the supervision of an adult.

[2] A coffee shop or restaurant which shall be open to the public, a multiple purpose room, a cocktail lounge and one or more meeting rooms.

[3] The sale of goods, wares and merchandise in the interior of a motel by the owner, a tenant, lessee or guest of the motel.

[4] Tennis courts, shuffleboard and other outdoor recreation designed to be used by the guests of the motel.

[5] Amusement devices,[3] provided that they shall comply with all the following standards:

[a] There shall be 60 square feet of operating area for each amusement device. The calculation of the operating area shall exclude any area of the premises which is used for other purposes but shall include access and walkways primarily serving the amusement device.

[b] The maximum area devoted to all amusement devices, at a ratio of 60 square feet for each device, shall not exceed 30% of the gross floor area of said motel, exclusive of sleeping rooms and hallways serving said room.

[3] Editor's Note: See Ch. 64, Amusement Devices, Coin-Operated.

(i) Connection to sanitary sewer system required. No certificate of occupancy shall be issued for the use or occupancy of any building or structure as a motel unless and until the same shall have been connected to the sanitary sewerage disposal system of the Township.

(2) For the purpose of administering this conditional use, the following terms shall have the meanings indicated:

AUTOMOBILE TOURIST OR TRANSIENT

Any person who, either at his own expense or at the expense of another, obtains lodging or the use of lodging space in a motel.

MOTEL

One or more series of attached or semiattached one-story or two-story dwelling units with separate entrances, operated as a single business, each unit containing a bedroom, bathroom and closet space, but no kitchen or cooking facilities, designed for or used by automobile tourists and transients, with convenient access to a parking space for the use of the units' occupants and with direct and convenient access to a traveled road and maintained and held out to the public as accommodations for automobile tourists and transients.

UNIT

A room or suite of rooms in a motel occupied or designed for occupation, for sleeping purposes, and having a floor area of at least 250 square feet.

F. Amusement devices. Business establishments having amusement devices as a principal use shall be permitted as a conditional use only in the D-S Designed Shopping Center District, provided that all of the following requirements are met:

(1) There shall be 50 square feet of operating area for each amusement device. The calculation of the operating area shall exclude any area of the premises which is used for other purposes but shall include access and walkways primarily serving said amusement device.

(2) There shall be a minimum floor area of 1,500 square feet for each establishment.

G. (Reserved)[4]

[4] Editor's Note: Subsection G, regarding community residences for the developmentally disabled or mentally ill persons and community shelters for victims of domestic violence, was repealed by Ord. 5-2002, § 3.

H. New motor vehicle dealerships. Franchised dealerships for the sale of new motor vehicles are permitted as conditional uses in the CI Commercial Industrial District, provided that all of the following requirements are met:

(1) Lot area and width. There shall be a minimum lot area of 100,000 square feet and a minimum lot width of 250 feet.

(2) Height. No building shall exceed a height of 28 feet.

(3) Yards. Minimum yards shall be as follows:

(a) Front: 100 feet along State Highway Route No. 10; 50 feet along any other street.

(b) Rear: 100 feet.

(c) Side: 50 feet.

(d) Corner lot: front yard required on each street shall apply.

(4) Maximum floor area ratio (FAR): 20%.

(5) Maximum impervious coverage: 75%.

(6) Principal building. There shall be only one principal building. Showroom, sales area, office space and service facilities shall all be considered principal uses.

(7) Accessory buildings. Accessory buildings shall meet the yard requirements for principal buildings. An accessory building shall be located at least 50 feet from another building.

(8) Location of garage access. Garage access shall be through a side or rear building wall, but not a building wall facing a street.

(9) Minimum parking. Off-street parking for customers and employees shall be provided in accordance with § 170-94C. Required parking shall not be used for automobile storage and display.

(10) Parking and display. All parking areas and areas for display of motor vehicles shall meet the parking setback requirements applicable to the zone. Notwithstanding these regulations, the display of motor vehicles is permitted up to 75 feet of the right-of-way of State Highway Route No. 10; provided, however, that any display located in the area between 75 feet and 100 feet of Route 10 shall occupy no more than 50% of the width of the lot within that area. Landscaping and/or other site treatment shall be provided along the front of the display area in order to minimize the visual impact from Route 10 without concealing the displayed vehicles. Said landscaping shall consist of a solid continuous border of shrubbery having a minimum height of one foot.

(11) Signs. Except traffic directional signs, there shall be no more than one freestanding sign and one wall sign for each wall facing a street, all as regulated in the zone. Any wall sign shall contain only the company name, the brand name and a logo or insignia. No motor vehicle shall be used for display of signs or other advertising material nor shall any signs be displayed in vehicle windshields. The use of banners, streamers, flags, balloons and similar devices or objects is prohibited.

I. Assisted living facility, congregate senior living facility, independent senior living facility and nursing home.

(1) An assisted living facility, congregate senior living facility, independent senior living facility or nursing home, as defined in § 170-3, shall be permitted in any zone, except the AH, R-5A, R-5B, R-5C, R-5D, R-5E, R-5F, R-5G, R-5H, R-5I, R6 and WRC Zones, as a conditional use, provided that all of the following requirements are met:[5]

(a) Location: Road frontage and direct access must be available to any one of the following roads or highways: Eisenhower Parkway, Livingston Avenue, Mount Pleasant Avenue, Northfield Road, Old Short Hills Road, Passaic Avenue or South Orange Avenue.

(b) Minimum lot size: six acres.

(c) Front yard: 100 feet.

(d) Side and rear yards:

[1] From residential property lines: 100 feet.

[2] From nonresidential property lines: 75 feet.

(e) Maximum building height: 35 feet.

(f) Maximum building coverage: 30%.

(g) Maximum impervious coverage: 50%.

(h) Off-street parking shall be provided in accordance with the applicable provisions of § 170-94, subject to adequate proofs that an increase in the proportion of handicapped spaces and/or additional off-street parking will not be required for the proposed use due to ownership of vehicles by residents or other reason, the minimum number of off-street parking spaces shall be as follows:

[1] Assisted living facility: 0.5 spaces per dwelling unit.

[2] Congregate senior living facility: 1.25 spaces per dwelling unit.

[3] Independent senior living facility: as required by the State Residential Site Improvement Standards.

[4] Nursing home: 0.5 spaces per bed.

(i) Parking area and internal driveway setbacks.

[1] From public road right-of-way: 100 feet.

[2] From nonresidential property: 75 feet.

[3] From residential property: 100 feet.

(j) Maximum number of units per acre.

[1] Nursing home: 30.

[2] Assisted living facility: 20.

[3] Congregate senior living facility: 15.

[4] Independent senior living facility: 10.

(k) Buffer requirement. The site plan shall include a landscaped buffer area to provide appropriate screening of buildings and parking areas from any adjacent residential property and to provide appropriate buffering of the development from adjacent nonresidential uses, as determined by the Planning Board.

(l) Sign regulations. Signs are permitted subject to the following regulations:

[1] One freestanding sign with a maximum combined area of 30 square feet indicating the name of the building, with a minimum setback of 20 feet from the public right-of-way. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

[2] One additional freestanding sign not exceeding five square feet in area and three feet in height may be provided at each entrance/exit.

[3] One building facade sign with a maximum area of 20 square feet.

(m) Minimum number of units per lot: 50.

(n) Maximum total number of units. The aggregate total number of dwelling units for which conditional use approval is granted under this Subsection I and Subsection J shall not exceed 5% of the total number of single-family detached dwelling units in Livingston Township.

[5] Editor's Note: This subsection was amended 11-9-2015 by Ord. No. 22-2015, which was overturned on appeal.

(2) An inclusionary assisted living facility shall be permitted as a conditional use on Block 6300 Lot 30 as identified on the Tax Maps of the Township of Livingston, provided that all of the following requirements are met:

(a) Minimum lot size: three acres.

(b) Required frontage width: 200 feet.

(c) Number of units: Not less than 102 units of which 13 are affordable to very-low-, low- and moderate-income persons, and not more than 105 units of which 14 are affordable to such persons.

(d) Maximum density: 32.21 units per acre.

(e) Principal Building: one principal building.

(f) Maximum building height: 35 feet or three stories shall be set back 75 feet from the front street right-of-way line and 47 feet or four stories shall be set back 100 feet from the front street right-of-way line; provided that where a height of 47 feet is allowed a parapet wall or mansard of up to an additional six feet in height to may be provided to shield rooftop appurtenances.

(g) Required setbacks:

[1] Front yard:

[a] Principal building: 75 feet from front street right-of-way line, except that any portion of the building more than 35 feet or three stories high shall be set back 100 feet.

[b] A gazebo, or other structure found to be similar by the Planning Board, shall be set back not less than 30 feet.

[2] Side and rear yards:

[a] From nonresidential property lines: 25 feet.

[b] From residential property lines: 25 feet, but not less than 150 feet from any dwelling existing on an adjacent residential lot on the date of enactment of this subsection.

[3] Parking areas:

[a] From front street right-of-way line: Parking within the driveway shall not be less than 100 feet from the front street right-of-way line and shall not have more than 10 parking spaces.

[b] From side or rear property lines: 10 feet, except that no parking area shall be closer than 150 feet to any dwelling existing on an adjacent residential lot on the date of enactment of this subsection.

(h) Maximum building coverage: 30%.

(i) Maximum impervious coverage: 60%.

(j) Off-street parking: As required by § 170-94 with the required number of parking spaces in accordance with the Residential Site Improvement Standards.

(k) Sign regulations.

[1] One freestanding ground sign, with a maximum combined area of 30 square feet, indicating the name and/or address of the building, and with a setback of 20 feet from the front street right-of-way line. The top of such sign shall not be more than six feet above the ground at the sign. Any illumination shall be limited to indirect ground lighting or diffused lighting, with the source of lighting shielded so as to not be visible from the street or adjacent property.

[2] One wall sign facing the street or at the building entrance. If illuminated, lighting shall only be down-facing gooseneck lamps.

(l) Buffer requirement. The site plan shall include ten-foot-wide landscaped buffer areas to provide appropriate screening of buildings, structures and parking areas from any adjacent residential properties, and to provide appropriate buffering of the development area from adjacent nonresidential uses.

J. Continuing care facility. A continuing care facility, as defined in § 170-3, shall be permitted in any zone, except the AH, R-5A, R5B, R-5C, R-5D, R-5E, R-6 and WRC Zones, as a conditional use, provided that there is compliance with all requirements in § 170-88I, except as modified by the following:

(1) Minimum lot size: nine acres.

(2) Notwithstanding the provisions in § 170-87D, a parcel may contain more than one principal building, subject to a minimum distance between buildings equal to twice the maximum height of the taller building.

(3) Sign regulations. Signs are permitted subject to the following regulations:

(a) One freestanding sign with a maximum combined area of 30 square feet indicating the name of the development, with a minimum setback of 20 feet from the public right-of-way. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(b) One additional freestanding sign not exceeding five square feet in area and three feet in height may be provided at each entrance/exit driveway.

(c) One building facade sign or freestanding sign with a maximum area of 20 square feet for each building. Any freestanding sign shall be at least 10 feet from any internal driveway or parking area and shall not be within the required front yard.

(4) The minimum total lot area required for a proposed continuing care facility shall be calculated on a pro rata basis using the maximum density figures for each housing type in § 170-88I(10). The minimum acreage for each housing type shall be calculated based on the number of proposed units for each housing type and the corresponding density figure, and the resulting acreage figures shall be summed to determine the aggregate minimum acreage for the entire continuing care facility.

K. Self-storage facilities.

(1) Self-storage facilities, as defined in this section, shall be permitted only in the R-L and R-L2 Zones as conditional uses, subject to compliance with all other requirements in this chapter and provided that all of the following requirements are met:

(a) Definition. For purposes of this section, the following terms shall have the meanings indicated:

SELF-STORAGE FACILITY

A multistory structure divided into individual units for the storage of files, goods, materials, equipment, merchandise or wares for residential, commercial or industrial tenants.

(b) Prohibited materials. A self-storage facility shall not be permitted to store any noxious, hazardous or explosive materials.

(c) Minimum lot size: 100,000 square feet.

(d) Maximum building size: 100,000 square feet of gross floor area.

(e) Maximum building height: 32 feet, inclusive of all appurtenances (HVAC) and the screening of appurtenances.

(f) Off-street parking shall be provided in accordance with the applicable provisions of § 170-94, with a minimum number of off-street parking spaces of one space per 100 storage units or portion thereof for customers and an additional one space per 200 storage units or portion thereof for employees.

(g) The self-storage facility and the site improvements shall comply with all other regulations and requirements governing development in the R-L or R-L2 Zone, as applicable.

L. Wireless telecommunications facilities. Wireless telecommunications facilities shall be permitted as conditional uses, subject to compliance with all other requirements in this chapter and provided that all of the following requirements are met:

(1) Purpose. The purpose of this Subsection L is to regulate the location of wireless telecommunications facilities within Livingston Township so as to facilitate wireless telecommunications in a manner which is compatible with the public interest, including the following goals:

(a) To limit visual and other impacts of wireless telecommunications towers and antennas on residential neighborhoods by permitting such facilities in nonresidential zones subject to appropriate conditions.

(b) To minimize the total number of wireless telecommunications towers by encouraging collocation or joint use of such structures and facilities.

(c) To minimize adverse impacts of wireless telecommunications facilities by providing for and encouraging careful siting and design, appropriate screening and innovative camouflaging techniques.

(2) Application requirements and standards. All applications for conditional use approval for any type of wireless telecommunications facility shall be subject to the following requirements and standards:

(a) The applicant must demonstrate that the proposed wireless telecommunications tower and/or antenna is the minimum necessary to provide adequate wireless telecommunications as may be authorized by the Federal Communications Commission. Included as part of this requirement, the applicant shall demonstrate at a minimum the following:

[1] That the technology proposed is the least visually intrusive of alternative available and suitable technologies;

[2] That the height of the wireless telecommunications tower and/or roof-mounted antenna(s) is the minimum necessary;

[3] That it is not practical in order to provide adequate wireless telecommunications to collocate the antenna on other existing antenna structures, use a less visible location or use microcells, providing more numerous antennas at lower heights. In addressing this criteria, consideration shall not be confined to alternate locations within the Township of Livingston.

[4] That the visual impact to the community on the proposed site is less than would exist at alternative locations serving the same telecommunications need.

(b) Compliance with radiation emission standards. The applicant shall demonstrate that the proposed wireless telecommunications antenna(s) and related structures and equipment comply with all applicable state and federal regulations of electromagnetic radiation levels.

(c) Abandonment; removal. All wireless telecommunications towers, roof-mounted antennas and related structures and equipment shall be removed when same are abandoned or not used for wireless telecommunications purposes for six consecutive months. Removal shall occur within 90 days thereafter. A copy of the relevant portions of a signed lease which requires the removal of the tower and/or antenna and related structures and equipment upon cessation of operations shall be submitted at the time of the application. In the event that the required removal does not occur, such structures and equipment may be removed by the Township of Livingston and the costs of same may be assessed against the property.

(3) Specific requirements for wireless telecommunications towers and roof-mounted antennas are as follows:

(a) Wireless telecommunications towers are permitted as conditional uses only in the I, C-I, and R-L Zones, subject to the following conditions:

[1] Maximum height shall not exceed 100 feet.

[2] The tower shall be located only in the rear yard.

[3] The tower shall be set back at least the height of such structure from all lot lines.

[4] The tower shall be set back at least 200 feet from any residential property line.

[5] Mitigation of visual impact. The base of the tower and any structure housing wireless telecommunications equipment shall be screened from the street and adjacent properties in a manner acceptable to the Board. If deemed necessary by the Board to mitigate the visual impact, the color, materials and design of the tower, antenna(s) and related structures and equipment shall be required to be modified in appearance so as to blend in with the surrounding environment, as determined by the Board to be appropriate in the particular situation. The foregoing may include, but shall not necessarily be limited to, such modifications as special paint treatment, concealment through architectural means or the use of camouflage through simulated foliage so as to appear as a tree.

[6] Design for future collocation. Any proposed wireless telecommunications tower and related structures shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users by mounting additional antennas at different heights, unless the applicant demonstrates that it would not be practicable. Satisfaction of this requirement shall include a letter of commitment by the applicant, submitted prior to any approval by the Board, to lease excess space on the facility to other potential users at reasonable rental rates and on reasonable terms. Such obligation shall be incorporated as a condition of any approval and shall be binding on any successors in interest.

[7] The applicant shall provide documentation to establish that a proposed tower to provide sufficient structural integrity in accordance with applicable standards.

(b) Roof-mounted wireless telecommunications antennas are permitted in any nonresidential zone subject to the following conditions:

[1] Maximum height shall not exceed 15 feet above the lesser building roof height or the maximum permitted building height.

[2] The antenna(s) shall not be located within 200 feet of a residential property line, based on the location of the antenna structure and measured horizontally.

[3] The antenna shall be positioned so that it is to be set back at least the height of such structure from all lot lines, measured horizontally.

[4] Mitigation of visual impact. Any roof-mounted antenna shall be positioned and designed so as to minimize its visibility from public streets in a manner acceptable to the Board. If deemed necessary by the Board to mitigate the visual impact, the color, materials and design of the antenna, and related structures and equipment shall be required to be modified in appearance so as to blend in with the surrounding environment as determined by the Board to be appropriate in the particular situation.

(4) Any equipment that is necessary in connection with a wireless telecommunications antenna shall be housed in a building, cabinet or locker. In the case of a roof-mounted antenna, the existing building shall be used unless it is not practicable. If a new building or other structure is proposed to house such equipment, it shall be subject to all applicable setback and other zoning regulations and shall be designed so as to minimize the visual impact, including appropriate screening as deemed necessary by the Board.

(5) May be additional principal use on lot. Notwithstanding any provisions of this chapter to the contrary, wireless telecommunications towers and/or roof-mounted antennas are permitted on the same lot as another permitted principal use or structure.

(6) If a wireless communications facility has been issued a permit because it met the conditional use standards, or has been permitted by grant of a use variance, for its location on an electrical transmission tower or other structure owned by a party other than the owner or operator of the facility, and the structure is replaced, relocated or modified such that the wireless communications facility, antennas or equipment need to be relocated, replaced or modified, no new conditional use or use variance preliminary or final site plan approval shall be required and any necessary permit(s) shall be issued provided that the Zoning Officer finds that the following conditions are met:

(a) The relocated tower or other structure is within 150 feet of the original location;

(b) The relocated, modified or replacement wireless communications facility and equipment are substantially similar to the original facility with respect to the number of antennas and radio equipment cabinets;

(c) The relocated, modified or replacement tower or structure, or any freestanding wireless communications facility or equipment, are no closer to any residential lot line than the lesser of 200 feet or the location of the original facility or equipment;

(d) The applicant complies with § 170-88L(2)(b) by providing evidence that the relocated, replaced or modified wireless telecommunications facility and equipment complies with all federal and state regulations of electromagnetic radiation levels;

(e) The applicant provides a certification by a qualified engineer satisfactory to the Township Engineer that the relocated, replacement or modified wireless telecommunications facility and equipment will adequately fill its coverage area and no additional wireless telecommunications facility will be required to supplement the coverage due to the relocation, replacement or modification of the wireless telecommunications facility; and

(f) The applicant complies with all other municipal ordinances and regulations with regard to the application for the new location.

M. Affordable housing. Affordable housing units proposed to be developed in order to satisfy the growth share requirements in § 170-125.1 shall be permitted as a conditional use in all zoning districts, subject to the standards and requirements in § 170-125.1F.

§ 170-89 Nonconforming buildings and uses.

A. Continuance of nonconforming use or structure. Any lawful nonconforming use which existed as of the date this comprehensive amendment to the entire Land Use Ordinance goes into effect may be continued, and any building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or altered, subject to the following regulations:

(1) The total alterations made in any such building shall in no case exceed 50% of the value of the building at the time of the proposed reconstruction or alteration, nor shall the building be enlarged, unless the use therein is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter but is nonconforming because of height and area regulations, alterations made in any such building may exceed 50% of the value, provided that the height and area requirements are not further violated.

(2) No nonconforming use shall be extended at the expense of a conforming use.

(3) A nonconforming use changed to a conforming use shall not thereafter be changed back to a nonconforming use.

(4) A nonconforming use in existence as of the date this comprehensive amendment to the entire Land Use Ordinance goes into effect shall not thereafter be changed to another nonconforming use.

(5) In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the provisions of this section, except that this subsection shall not apply to a use which is nonconforming because of height and area violations.

(6) The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply, in writing, for the issuance of a certificate certifying that the use or structure existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees collected by the official shall be paid by him to the Township. Denial by the administrative officer shall be appealable to the Board of Adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (N.J.S.A. 40:55D-72 to 40:55D-75) shall apply to applications or appeals to the Board of Adjustment.

B. Completion of existing buildings. Nothing in this section shall require any change in plans, construction or designated use of a building for which a building (construction) permit has heretofore been issued, provided that construction thereof is diligently pursued within six months of the date of such permit.

C. Restoration of existing buildings.

(1) Nothing in this section shall be construed to prohibit the restoration of a nonconforming building or use partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building or use so partially destroyed may be reconstructed and thereafter used only in such a manner as will not increase, enlarge or extend the preexisting nonconformity. Any building totally destroyed by any cause aforesaid may be rebuilt only as a conforming use.

(2) The owner of any nonconforming building or use that is partially destroyed as above mentioned must apply for a building (construction) permit to rebuild the same within 12 months from the date of such destruction. If the application to rebuild is filed after such twelve-month period, a building (construction) permit shall be issued only for a conforming use. Nothing in this section shall prohibit the restoration of a wall declared unsafe by the Construction Official.

D. Unlawful use not authorized. Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of this comprehensive amendment to the entire Land Use Ordinance.

E. Nonconformance due to reclassification. The foregoing provisions of this section shall apply to all buildings, structures, land or uses which may hereafter be rendered nonconforming by reason of any reclassification of zone districts under this chapter or any subsequent change in the regulations of this chapter.

§ 170-90 Signs.

[Amended by Ord. No. 12-1987; Ord. No. 23-1989; 26-1994; 3-1996; 6-19-2006 by Ord. No. 19-2006]

Any person desiring and intending to erect or relocate or display any sign within the Township of Livingston shall comply with the following requirements; provided, however, that the area of a sign as permitted and regulated in this section shall be determined by multiplying the greatest horizontal dimensions by the greatest vertical dimension of the sign and its accessories, except that in the case of freestanding or pylon signs, the sign supports shall be excluded for the purpose of computing the sign area.

A. Signs in the R-1, R-2, R-3 and R-4 Districts. In the residence districts, only the following signs shall be permitted:

(1) One customary professional sign or nameplate sign, not more than two square feet in area, which may be either a nonilluminated or an illuminated nonflashing sign, provided that the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property. The provisions of this subsection shall not apply to a porch light or lamppost light.

(2) The owner of a subdivision development involving six or more residential lots may erect signs as approved by the Planning Board, provided that all of the following requirements are complied with:

(a) Every sign shall be so placed as to meet the requirements of § 170-90A(5).

(b) Residential subdivision tracts under development may be advertised by a sign which shall not be larger than 30 square feet in area placed at the entrance or entrances to the tract; provided, however, that no more than two such signs shall be permitted for any one such development.

(c) All signs permitted under this section shall be removed within seven days after the consummation of a lease or sale of the last house in the development.

(3) A sign deemed necessary to the public welfare and authorized by the Township Council.

(4) A sign advertising the name of a house of worship on the premises, its pastor and its coming activities.

(5) None of the signs permitted in the residence districts shall be erected closer to any street or road right-of-way line than 1/2 the setback required for the principal building to be erected on said plot, provided that a nameplate sign not more than 72 square inches in area, as regulated above, may be placed anywhere within the front yard.

(6) Notwithstanding any provision of this section to the contrary, only the following signs shall hereafter be erected or installed on a building on a transition lot in connection with a use or uses permitted in § 170-88B of this chapter.

(a) One freestanding sign, which may be illuminated as hereafter provided, advertising the name of the building, provided that said sign is not placed in the front half of the front yard or side street setback of the building. Said sign shall not exceed five square feet in area, and the top thereof shall not extend more than six feet above ground level.

(b) One wall sign, which may be illuminated as hereafter provided, advertising the name of the building. Such sign may be erected on the front wall of the building, provided that all the following requirements are met:

[1] No sign shall extend farther than 15 inches from the face of the building to which it is attached; provided, however, that where a sign extends more than three inches from the face of a wall, the bottom of said sign shall be at least eight feet from the ground level below the same.

[2] The maximum height of the sign, as a dimension thereof, shall not exceed five feet.

[3] The area of the sign shall not exceed 5% of the area of the front wall of the first story of the building.

(c) Directory wall signs, which may be illuminated as hereafter provided, having an area of no more than six square feet shall be permitted at all entrances to the building. Such signs shall be flat wall signs and shall not project more than three inches from the face of the wall.

(d) All illuminated signs permitted by this section shall be either of the indirectly lighted and nonblinking type or of the diffused-lighting type. The source of all lights shall be completely shielded in such a manner as not to be visible from the street or any adjoining residential property.

(7) Notwithstanding any provisions of this section to the contrary, a contractor may temporarily erect a sign upon property announcing to the general public the identity of the contractor performing construction services, provided that all of the following requirements are complied with. The term "construction services" shall mean the alteration, repair, painting, renovation or reconstruction of buildings and shall not include regularly recurring maintenance or landscaping services other than landscape renovation or construction:

(a) The sign shall not exceed six square feet in area.

(b) The sign shall be erected upon the property at a location which is set back at least five feet from any boundary line of the property.

(c) The sign may contain the name, address and phone number of the contractor actually performing the alteration, repair, painting, renovation or reconstruction.

(d) The sign shall be removed from the property upon the earlier of five days following completion of the work or 30 days following the date upon which the sign was initially placed upon the property, notwithstanding that the alteration, repair, painting, renovation or reconstruction may continue for a longer period.

(e) Each contractor performing alteration, repair, painting, renovation or reconstruction work on property may erect no more than one sign at a time on any one property and may erect no more than two signs on any one property over the course of any three-hundred-sixty-five-day period.

(f) No sign shall be erected prior to the date of issuance of a valid permit for the alteration, repair, painting, renovation or reconstruction of the property; provided, however, that if no permit is required, then no sign shall be erected prior to the date upon which the work being done on the property actually commences.

(g) No sign shall be erected which contains the name of any contractor who is not properly licensed to perform alteration, repair, painting, renovation or reconstruction work, if such license is required by state and/or Township law, and no sign shall be erected prior to the issuance of such a license. This provision shall not bar the erection of signs by painters who may be painting the interior or exterior of the structure located on the property.

(h) Any sign erected in violation of any provision of this section may be removed and impounded by the Zoning Officer, or any other department or official to whom the duty shall be designated. Once impounded, the sign shall be delivered to an appropriate storage facility. Within five days after such impoundment, the Zoning Officer shall, by ordinary mail, notify the contractor at the address indicated on the sign, that the impounded sign may be redeemed within 10 days from the date of such notice for the sum of $75. If any impounded sign remains unclaimed or unredeemed for a period of 15 days beyond the date fixed for redemption, the Zoning Officer shall be authorized to advise the Police Department, or any other department or official to whom the duty shall designated, to make appropriate arrangements for the disposition of such sign.

[Amended 2-22-2016 by Ord. No. 9-2016]

(i) A fee of $15 shall be paid to the Zoning Officer by each contractor for each sign erected pursuant to this section.

B. Signs in the R-6 District. In the R-6 Senior Citizen Housing District, only the following signs shall be permitted:

(1) A sign deemed necessary to the public welfare and authorized by the Township Council.

(2) A freestanding sign having a sign area no greater than 30 square feet which indicates the name of the building or project. If said sign is illuminated, it shall be either indirectly lighted and nonblinking or the diffused-lighting type. The source of all lights shall be completely shielded in such a manner as not to be visible from the street or any adjoining residential property.

(3) None of the signs permitted in the R-6 District shall be erected closer to any street or road right-of-way line than 1/2 the setback required for the building or buildings on the site abutting said street.

C. Signs in the B and B-1 Zones. In the B and B-1 Zones, only signs accessory to the business conducted on the property are permitted. Such sign shall only be permitted if erected on any entrance wall or wall facing on a street or on a canopy facia, provided that all of the following requirements are met:

(1) No sign shall extend farther than 15 inches from the face of the building or canopy facia to which it is attached; provided, however, that where a sign extends more than three inches from the face of a wall, the bottom of said sign shall be at least eight feet from the ground level below the same.

(2) The maximum height of any single sign shall not exceed five feet, and the maximum width shall not exceed 90% of the width of the storefront to which the sign is attached.

(3) No business shall permit a total of more than three signs, provided that the total sign area for all signs permitted on the face of any store front shall not exceed 10% of the area of the face of the storefront to which such sign or signs are attached. Only one such sign shall be illuminated, except that in the case of a corner store fronting on two streets, one such illuminated sign facing on each street shall be permitted.

(4) All illuminated signs shall be either of the indirectly lighted and nonblinking type or of the diffused-lighting type, except that in the case of the latter type, the use of the colors red, orange-red, green and blue-green are prohibited within 200 feet of a controlled intersection. All lights used for the illumination of business establishments or for the illumination of business buildings or areas surrounding them or for the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business properties. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the height of the building or more than 18 feet above the ground at the base of said lights, whichever results in the lesser height.

(5) Business buildings located on corner lots shall be construed as having frontage on both streets, and signs as regulated in this chapter shall be permitted accordingly.

(6) Notwithstanding any other provision of this section, the rear of business buildings where an off-street parking area as approved by the Planning Board is available at the rear of such premises and is being utilized for the off-street parking of motor vehicles shall, for the purpose of this section, be construed as having frontage at the rear of said building, and only one sign as regulated in this section shall be permitted accordingly; provided, however, that any such sign located less than 100 feet from a residence district shall only be illuminated by white light from fixtures wall-mounted above the sign and shielded so that the light does not extend beyond the parameters of the sign.

[Amended 6-20-2022 by Ord. No. 16-2022]

(7) No permitted sign shall extend or project above the highest elevation of the wall to which it is attached.

(8) Gasoline stations and public garages where permitted in the B-1 Zone may display, in addition to the foregoing signs, one freestanding pole or pylon sign advertising the name of the station or garage, including any company or brand name, insignia or emblem, provided that such sign shall not exceed 30 square feet in overall area, including any full or partial frame, trim or molding (but not including the pole or pylon) and shall be no closer than 15 feet to a front property line and five feet to a side property line. The bottom of any such sign shall be no less than 10 feet, nor the top more than 20 feet, aboveground. Such sign may display the day’s fuel prices in numerals no more than nine inches high. The numerals may be formed utilizing light-emitting diode (LED) technology. The brightness or intensity of any LED used in such numerals shall not exceed a maximum of 5,000 candelas per square meter during daytime hours, and 500 candelas per square meter between dusk and dawn, at the source.

[Amended 6-15-2009 by Ord. No. 26-2009; 3-15-2010 by Ord. No. 8-2010]

(a) One temporary sign specifically advertising the price of gasoline, provided that such sign does not exceed seven feet in area.

(9) Properties in the B and B-1 Zones which are developed as of April 10, 2023, with retail centers containing at least three existing retail spaces facing perpendicular to the street frontage shall be permitted one monument sign under the following conditions:

[Added 5-30-2023 by Ord. No. 8-2023]

(a) A monument sign is defined as a freestanding sign whose bottom edge is located within one foot of ground level and whose top edge is located no more than five feet from ground level.

(b) In addition to wall signs, one monument sign identifying the address, the name of the center, the occupants of the premises, the business or activity conducted thereon, and business logos shall be permitted in the front yard; provided, however, that all of the following requirements are complied with:

[1] Such sign is located no closer than five feet to any abutting street right-of-way line and no closer than 20 feet to either side line, measured at right angles to said lines.

[2] Such sign shall not be placed within or obstructing any sidewalk or pedestrian walkway.

[3] Such sign may be either parallel or perpendicular to the front property line. "V" signs are permitted, provided that the separation at the back does not exceed 18 inches.

[4] Such sign shall be stationary with no moving or revolving parts.

[5] Such sign shall not exceed a length of six feet.

[6] The sign's lettering and insignia shall be contained within a rectangle not to exceed 25 square feet in area on each face.

[7] The background face of the sign shall be of a single color, and all of the lettering shall be of a single color and uniform typeface.

[8] The top of such sign shall not be more than five feet above ground and the bottom of such sign shall not be more than one foot above ground.

[9] The sign, supporting structure and any attached ornamentation, shall be contained within a rectangle not to exceed 30 square feet in area on each face.

[10] The supporting structure of such sign shall not bear lettering or advertising insignia. Ornamental planting or a decorative base is permitted.

[11] All illuminated signs shall be subject to § 170-90C(4) above.

[12] Any such sign shall require approval by the Minor Site Plan Committee of the Township Planning Board.

D. Signs in the B-2 District.

(1) In the B-2 District, only signs accessory to the business conducted on the property are permitted. Such sign may be erected on any entrance wall or wall facing on a street, provided that all of the requirements for wall signs in the B and B-1 Districts, as set forth in § 170-90B above, are met and complied with.

(2) In addition to wall signs, one freestanding ground sign identifying the occupants of the premises and the business or activity conducted thereon shall be permitted in the front yard; provided, however, that all of the following requirements are complied with:

(a) Such sign is located no closer than 62.5 feet to any abutting street right-of-way line and no closer than 20 feet to either side line, measured at right angles to said lines.

(b) Such sign may be either parallel or perpendicular to the front property line. "V" signs are permitted, provided that the separation at the back does not exceed 18 inches.

(c) Such sign shall be stationary with no moving or revolving parts.

(d) Such sign shall not exceed a length of 10 feet.

(e) The sign's lettering and insignia shall be contained within a rectangle not to exceed 30 square feet in area on each face.

(f) The top of such sign shall not be more than seven feet above ground at the sign.

(g) The bottom of such sign shall not be less than one foot above ground.

(h) The sign, supporting structure and attached ornamentation, excluding that portion of the supporting structure below the bottom edge of the sign, shall be contained within a rectangle not to exceed 40 square feet in area on each face.

(i) The supporting structure of such sign shall not bear lettering or advertising insignia. Ornamental planting or a decorative masonry base is permitted.

(j) All illuminated signs shall be either of the indirectly lighted and nonblinking type or of the diffused-lighting type, except that in the case of the latter type, the use of the colors red, orange-red, green and blue-green are prohibited within 200 feet of a controlled intersection. All lights used for the illumination of business establishments or for the illumination of business buildings or areas surrounding them or for the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business properties. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the height of the building or more than 18 feet above the ground at the base of said lights, whichever results in the lesser height.

(k) The maximum surface brightness of such sign, whether it be internally or externally illuminated, shall not exceed 250 footcandles.

E. Signs in the P-B Zone. In the P-B Zone, only one sign advertising the name of the building or services provided within said building shall be permitted, provided that all of the following requirements are complied with:

(1) No sign shall extend farther than 15 inches from the face of the building to which it is attached; provided, however, that where a sign extends more than three inches from the face of a wall, the bottom of said sign shall be at least eight feet from the ground level below the same.

(2) The maximum height of any permitted sign shall not exceed 30 inches, and the maximum width shall not exceed 90% of the width of the front of the building to which the sign is attached.

(3) The total sign area for said sign permitted on the face of any building front shall not exceed 10% of the area of the face of the building front to which such sign or signs are attached.

(4) All illuminated signs shall be either of the indirectly lighted and nonblinking type or of the diffused-lighting type, except that in the case of the latter type, the use of the colors red, orange-red, green and blue-green are prohibited within 200 feet of a controlled intersection. All lights used for the illumination of business establishments or for the illumination of business buildings or areas surrounding them or for the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business properties. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the height of the building or more than 18 feet above the ground at the base of said lights, whichever results in the lesser height.

(5) No permitted sign or lighting shall extend or project above the highest elevation of the wall to which it is attached.

(6) Anything in this section to the contrary notwithstanding, one customary freestanding professional sign or nameplate complying with the provisions of § 170-90A(1) shall be permitted.

F. Signs in the P-B1 and P-B2 Zones. In the P-B1 and P-B2 Zones, signs of the type hereinafter mentioned in this section are permitted, provided that all of the following requirements are complied with:

(1) One freestanding sign identifying the occupant of the premises and the activity conducted thereon shall be permitted along any street frontage of said premises, provided that:

(a) Said freestanding sign shall be at least 40 feet distant from any street right-of-way line.

(b) Said freestanding sign shall be at least five feet distant from the side lot line.

(c) No freestanding sign shall be more than 20 feet along and eight feet wide, and the top thereof shall not extend higher than 12 feet above ground level.

(2) Entrance and exit signs shall be permitted within five feet of the right-of-way. No such sign shall exceed 2 1/2 feet by four feet in size, and the lettering thereon shall not exceed six inches in height.

(3) Signs attached to a building may be permitted as regulated in the B and B-1 Zones.

(4) The location, size and arrangement of all signs permitted by this section shall be shown on the site plan submitted to the Planning Board for its approval.

G. Signs in the D-S Zone. No wall sign shall be permitted in the D-S District which is not necessary to a business conducted within the building to which it is affixed, nor shall any sign be painted on the wall of any building. A permitted wall sign shall be securely attached to any exterior wall and shall comply with the following requirements:

(1) No sign shall extend more than 24 inches from the wall of the building to which it is attached; provided, however, that where a sign extends more than five inches from the wall, the bottom of such sign shall not be less than 10 feet from the ground level.

(2) No sign shall be lighted by means of flashing or intermittent illumination.

(3) There shall not be more than two signs on any building for each separate tenant occupying space therein, except for major or junior department stores, which may have signs on all four walls.

(4) The area of any single sign shall not exceed 15% of the area of the wall upon which such sign is placed. The area of a sign shall be the product of its longest horizontal dimension multiplied by its longest vertical dimension.

(5) No sign extending above the roof of any building will be permitted.

(6) In addition to the above regulations, one pylon or freestanding sign shall be permitted in the D-S District, provided that all of the following regulations are met:

(a) Said pylon sign shall advertise only the name of the shopping center.

(b) The area of such sign shall not exceed 300 square feet.

(c) The height of such sign shall not exceed 20 feet.

(d) The same shall not be closer than 50 feet to any street line.

(7) Soffit signs perpendicular to the wall of any building are permitted. The number per tenant, size, height above sidewalk or mall level and quality of such signs shall be as submitted by the owner's architect and approved by the Planning Board.

H. Signs in the R-L and R-L2 Zones. In the R-L and R-L2 Zones, signs of the type hereinafter mentioned in this section are permitted, provided that all of the following requirements are complied with:

(1) One freestanding sign identifying the occupant of the premises and the business or activity conducted thereon, which such sign may be erected in the front yard at least 75 feet distant from the front or side street right-of-way line and at least five feet from the side lot line. No such sign shall be more than 20 feet long and eight feet wide, and the top thereof shall not extend higher than 12 feet above ground level.

(2) Entrance and exit signs shall be permitted within five feet of the right-of-way. No such sign shall exceed 2 1/2 feet by four feet in size, and the lettering thereon shall not exceed six inches in height.

(3) One directory sign shall be permitted within five feet of the nearest major arterial street or streets.

(4) Signs attached to a building may be permitted as regulated in the B and B-1 Zones.

(5) The location, size and arrangement of all signs permitted by this section shall be shown on the site plan submitted to the Planning Board for its approval.

I. Signs in the I Zone. In the I Zone, signs of the type hereinafter mentioned in this section are permitted, provided that all of the following requirements are complied with:

(1) One freestanding sign, provided that said sign is not placed in the front half of the setback required for the principal building and is accessory to the business conducted on the property.

(2) Said sign is not placed in the side yard.

(3) The length of the permitted sign does not exceed 10% of the width of the building in front of which it is to be placed, but in no case shall the length of the sign exceed 20 feet.

(4) The height of said sign shall not exceed 1/2 the length as permitted above, but in no case shall the top of the sign exceed eight feet above ground.

(5) Signs attached to a building may be permitted as regulated in the B and B-1 District.

(6) Nothing herein contained shall be deemed to prohibit entrance or exit signs, provided that the same do not exceed 150 square inches in area.

(7) Gasoline service stations and public garages where permitted in the I Zone are permitted those special signs as regulated in § 170-90C(8).

J. Signs for motels. Only one illuminated, nonblinking, freestanding motel sign shall be permitted; subject, however, to the following:

(1) No such sign shall exceed 30 square feet in area.

(2) The height of such sign shall not exceed 15 feet above the ground.

(3) Such sign shall be located no closer to the front property line than 15 feet in the B-1 Zone, 125 feet in the B-2 Zone, 60 feet in the R-2 Zone and 62.5 feet in the I Zone.

(4) Such sign shall be located no closer than 100 feet to the side property lines.

(5) Signs attached to the building may be permitted as regulated by § 170-90C.

K. Signs in the D-S2 Zone. In the D-S2 Zone, signs shall be permitted only as follows:

(1) No wall sign shall be permitted in the D-S2 Zone that is not necessary to a business conducted within the building or structure to which it is affixed, nor shall any sign be painted on the wall of any building or structure. A permitted wall sign shall be securely attached to an exterior wall and shall comply with the following requirements:

[Amended 4-6-2009 by Ord. No. 11-2009]

(a) No sign shall extend more than 18 inches from the wall of the building or structure to which it is attached. Where a sign extends more than five inches from a wall, the bottom of the sign shall not be less than 10 feet from the finished grade.

(b) No sign shall be lighted by means of flashing or intermittent illumination or as otherwise prohibited by § 170-90N.

(c) Each major or anchor tenant may have up to two wall signs. The area of any such sign shall not exceed 15% of the area of the wall upon which such sign is placed, nor shall the collective area of all such signs exceed 15% of the collective area of the wall(s) upon which such signs are placed. The area of all such signs on any wall shall not exceed 15% of the area of said wall.

(d) Not more than one wall sign shall be permitted for each other tenant. The total sign area for all wall signs permitted on the face of any storefront of such a tenant shall not exceed 10% of the area of that face. If the front of such a tenant is articulated so that there are two parallel faces, with one not less than five feet forward of the other, one wall sign for that tenant may be permitted on each such face. The maximum height of the lettering of any wall sign other than for a major or anchor tenant shall be determined by the shortest distance to the public street that it faces. Such signs that are 250 feet or less from Eisenhower Parkway shall not exceed 30 inches in height. Such signs that are between 250 feet and 550 feet from Eisenhower Parkway shall not exceed 36 inches in height, and such signs that are more than 550 feet from Eisenhower Parkway shall not exceed 60 inches in height. Any such sign that faces Executive Parkway shall not exceed 36 inches in height. If a building front does not face either Eisenhower Parkway or Executive Parkway, the sign shall not exceed 30 inches in height. No two signs shall be closer than 24 inches apart. The bottom of each sign shall not extend below an existing canopy or be less than 13 feet and six inches above the finished grade.

(e) In the case of a corner store at the end of a building and with facades facing toward two streets, one illuminated wall sign shall be permitted on each of such facades as if it were a corner store at the intersection of two streets.

(f) Notwithstanding the limitations in Subsection K(1)(d) above, so long as the tenancy closest to the Route 10 traffic circle is a single tenancy of not less than 5,000 square feet, the maximum height of the area of a wall sign for that tenancy that faces Eisenhower Parkway shall not exceed five feet and nine inches, and the height of the area of a wall sign on the southerly wall shall not exceed four feet and six inches; provided that such sign does not exceed 10% of the area of that face. The bottom of each sign shall not be less than 12 feet from the finished grade level.

(2) No sign extending above the roof of any building or structure shall be permitted.

(3) In addition to the above regulations, not more than two freestanding signs shall be permitted in the D-S2 Zone, provided that all of the following regulations are met:

(a) No pole signs shall be permitted.

(b) The area of the lettering and insignia of any freestanding sign shall be contained within a rectangle which shall not exceed 300 square feet. Each such sign may include the name and logo of the property and the names and logos of tenants. A second such sign, near the intersection of Eisenhower Parkway and Executive Parkway, may have two back-to-back display areas. All sign lettering shall be brass color, except that logos may be proprietary colors.

[Amended 12-17-2012 by Ord. No. 18-2012; 4-6-2009 by Ord. No. 11-2009; 9-17-2018 by Ord. No. 17-2018]

(c) The height of a freestanding sign, including the supporting structure to which it is affixed and any attached ornamentation, shall not exceed 15 feet.

(d) No freestanding sign shall be closer than 20 feet to any street right-of-way line.

[Amended 4-6-2009 by Ord. No. 11-2009]

(4) One canopy sign shall be permitted in front of the entrance of each tenant other than a major or anchor tenant. Such signs shall be uniform as to design, fabrication/material and color, shall not exceed three square feet in area, and shall be placed in their entirety under and suspended from a canopy so as to be at a ninety-degree angle to the building face. Neither the top nor bottom of any such sign shall exceed 36 inches in width. No such sign shall be illuminated. The bottom of such a sign shall not be less than 10 feet from finished grade of the sidewalk.

[Amended 4-6-2009 by Ord. No. 11-2009]

(5) Parking area entrance and exit signs are permitted within five feet of the right-of-way line. No such sign shall exceed 2 1/2 feet by four feet in size nor shall the height of said sign, including supporting structure, exceed six feet above finished grade level.

[Amended 4-6-2009 by Ord. No. 11-2009]

(6) Directional signs shall be permitted at any location(s) deemed appropriate by the Planning Board so as to improve internal circulation and traffic flow within the shopping center. Although the names of individual tenants may be placed on said directional signs, all such signs shall be uniform as to design, fabrication/material, lettering and color. Lettering shall not exceed four inches in height. No such sign shall exceed four feet by three feet in size, nor shall the height of said sign including supporting structure, exceed six feet above finished grade level. Such signs may be internally illuminated.

[Amended 4-6-2009 by Ord. No. 11-2009]

L. Signs in the CI Zone. Notwithstanding any other provisions of this chapter, and regardless of use, only the signs as herein listed and regulated below are permitted in the CI Commercial Industrial District.

(1) General regulations. The following regulations shall apply generally to signs in the CI Zone:

(a) The provisions of the leading paragraph of this § 170-90 shall apply to the CI Zone.

(b) Signs which are required by any provision of law may be located in the zone.

(c) No sign shall be placed as to interfere with or be mistaken for a traffic light or similar safety device or interfere with traffic visibility.

(d) All illuminated signs shall be either of the indirectly lighted and nonblinking type or of the diffused-lighting type, except that in the case of the latter type, the use of the colors red, orange-red, green and blue-green are prohibited within 200 feet of a controlled intersection. All lights used for the illumination of business establishments or for the illumination of business buildings or areas surrounding them or for the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business properties. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the height of the building or more than 18 feet above the ground at the base of said lights, whichever results in the lesser height.

(e) The intensity of illumination of any sign shall be the minimum necessary for clear and distinct legibility. For each sign the total quantity of light radiated through the face surface shall not exceed two footcandles when measured from a distance of six feet from the sign.

(f) Buildings located on corner lots shall be construed as having frontage on both streets, and signs as regulated in this chapter shall be permitted accordingly.

(g) The gross, aggregate area of all signage on a lot shall not exceed 5% of the area of the main elevation of the building. Main elevation is the building elevation facing a street. In a corner lot, the area of the main elevation shall be the average of all elevations facing a street.

(2) Wall signs. In the CI Zone, a wall sign accessory to a business conducted on the property is permitted. Such sign shall only be permitted if erected on any entrance wall or wall facing on a street or on a canopy facia, provided that all of the following requirements are met:

(a) No sign shall extend farther than 12 inches from the face of the building upon which it is attached. Where a sign extends more than three inches from the face of a wall, the bottom of said sign shall not be closer than 10 feet from the ground level below said sign.

(b) The height of any sign shall not exceed five feet.

(c) The width of any sign shall not exceed 20 feet.

(d) The maximum area of any sign shall not exceed 100 square feet or 5% of the area of the face of the wall of the establishment to which it is attached, whichever is the lesser.

(e) Business buildings located on corner lots shall be construed as having frontage on both streets, and signs as regulated in this chapter shall be permitted accordingly.

(f) Notwithstanding any other provision of this section, the rear of business buildings where an off-street parking area as approved by the Planning Board is available at the rear of such premises and is being utilized for the off-street parking of motor vehicles shall, for the purpose of this section, be construed as having frontage at the rear of said building, and only one sign as regulated in this section shall be permitted accordingly.

(g) No permitted sign shall extend or project above the highest elevation of the wall to which it is attached.

(h) A sign may be attached to the roof facia, canopy or marquee in place of a permitted wall sign, provided that:

[1] Signs attached to the roof facia, canopy or marquee shall not extend above, below or to the sides of the facia, canopy or marquee.

[2] Maximum sign area and size shall be determined by the size and dimensions of the wall to which the marquee or canopy is attached or from which the facia extends as provided in Subsection L(2)(d) above.

(i) If a building contains more than one establishment, the wall signs permitted shall be uniform in terms of design, colors, height of background, style and height of lettering and position on building wall.

(3) Freestanding signs. A commercial property is permitted one freestanding sign subject to the limitations established below. For the purpose of these provisions a freestanding sign is a sign receiving its support from the ground, whether by solid base, uprights, braces, poles or other means, and not attached to any other structure.

(a) Signs with two display surfaces arranged back-to-back shall be permitted the maximum sign area on each surface.

(b) Said sign shall be located in a front yard only, but shall not be located within the front half of the minimum required front yard.

(c) No such sign shall be located closer than 40 feet to a side or rear property line.

(d) On a corner lot, said sign shall be located at least 100 feet from intersecting street right-of-way lines.

(e) The area of said sign shall not exceed the greater of one square foot for each linear foot of front yard setback or 1% of the area of the main building elevation.

(f) The height of the sign structure, including its supporting members, shall not exceed the greater of 10% of the front yard setback or 15 feet, said height to be measured from the curb level at a point opposite and closest to the sign.

(g) The width of the sign shall not exceed 10% of the width of the building.

(h) Said sign shall display only the name and/or address of the property and the use located on the site. If a site contains more than one establishment, the sign may display the name and/or address of each use located on the site. The lettering of the name of each use shall be at least 12 inches in height.

[Amended 11-9-2015 by Ord. No. 20-2015]

(i) In the case of a multitenant building or multibuilding site, there shall be permitted, in addition to the freestanding sign as regulated above, a freestanding directory sign giving the names and location of various business and commercial establishments on a site. Such sign shall be located within the building envelope and shall not exceed a height of six feet nor a width of four feet.

(j) Freestanding traffic directional and traffic safety signs containing such wording as "one-way," "do not enter" and "stop" are permitted, provided that the locations and sizes of such signs are approved by the Planning Board.

M. Real estate signs.

[Added 6-19-2006 by Ord. No. 19-2006]

(1) Real estate signs which are customary and necessary in the offering of real estate for sale or to rent by the owner or by his real estate agent or broker are permitted in all zones, provided the following requirements are complied with:

(a) Type of sign. One nonilluminated freestanding real estate for sale/for rent sign is permitted for each property (residential only).

(b) Size of sign. The sign shall not exceed six square feet in size, nor more than five feet at its highest point, including any sign supports.

(c) Location of sign. The sign shall be on the property which is for sale or for rent and set back, at its closest point, not less than 10 feet from the outer edge of the curb or the pavement of the cartway.

(d) Removal. The sign must be removed not later than 30 days after the property is leased or under contract, as defined by the Garden State Multiple Listing Service.

(e) Prohibited sign. Signs indicating that the property has been recently sold or leased by the owner, broker or real estate agent are prohibited.

(f) Open house. In the event the owner, broker or real estate agent conducts an open house at the premises, an additional sign stating “open house” day and hours may be added on the property on the condition that it may not exceed three square feet and it is posted for a period not to exceed four days prior to the open house. If the open house sign is a rider to the original sign, not exceeding two square feet, it may be up for six days including the day of the open house.

(g) Directional signs. During the hours an open house is in progress, two directional signs not to exceed five square feet each are permitted. One may be placed on a main thoroughfare, such as a state or county road, within 1/4 mile of the property limited to one per company, and one may be placed in the neighborhood of the premises to assist persons in locating the home in which the open house is being held. No balloons, streamers or other appendages are permitted to be attached to any directional sign. No sign advertising an open house shall be located within one foot of the curb, nor shall any sign be located within 100 feet of the intersection of Livingston Avenue and Northfield Road or the intersection of Mt. Pleasant Avenue and Livingston Avenue unless the property listed for sale is located within 100 feet of said intersection.

(2) Violations and penalties. Any person who violates any provision of this § 170-90M, shall be subject to the penalties as set forth in § 1-7, General penalty, of the Code of the Township of Livingston. A court appearance shall be mandatory.

N. Prohibited signs in all zone districts.

[Added 10-20-2008 by Ord. No. 33-2008]

(1) The following signs are prohibited in all zone districts:

(a) Billboards.

(b) Beacons.

(c) Flashing signs.

(d) Neon signs.

(e) Roof signs.

(f) Vehicle signs.

(g) Any animated or changeable message signs, unless part of a comprehensive sign package approved by the Planning Board (not including LED signs, which are prohibited).

[Amended 3-15-2010 by Ord. No. 8-2010]

(h) Any sign of such type, size or character, or placed at a location where it may distract the attention of a motorist so as to create potential threat to public welfare or safety or may endanger or injure public safety or health or pose a physical threat to property in its vicinity.

(i) Any sign utilizing light-emitting diode (LED) technology, except as permitted by § 170-90C(8), or as a part of a comprehensive sign package approved by the Planning Board.

[Added 3-15-2010 by Ord. No. 8-2010]

(2) Exception. The prohibition of billboards and vehicle signs shall not be construed as prohibiting signs announcing, supporting or opposing a candidate for public office or taking a position on any political or public issue.

(3) Existing signs. Any legally erected sign in place on the date that this subsection becomes effective, or rebuilt as permitted herein, may continue to exist at its location if it meets the requirements of Chapter 227, Property Maintenance, but such sign shall not be altered, rebuilt, relocated, enlarged, extended or replaced resulting in a sign that is nonconforming in any respect. However, such a sign may be rebuilt:

(a) If the cost of rebuilding does not exceed 50% of its value and it has been damaged by accident; or

(b) If intentionally damaged or destroyed by a person or persons who are apprehended and proven to not be or connected to the owner or lessee of such sign.

O. Signs in the P-B3 Zone. In the P-B3 Zone, signs shall be permitted only as follows:

[Added 2-28-2011 by Ord. No. 5-2011]

(1) Buildings permitted by § 170-112.1A(1)(a) may have one nonilluminated wall sign on the street frontage, identifying the name of the building, or the type of services provided within such building, or the street address, provided that the height of the sign shall not exceed 30 inches and the length shall not exceed the lesser of 20 feet or 30% of the width of the front of the building. As an alternative, the same information may be provided on a ground sign, provided that such sign shall not exceed 60 inches in overall height or 72 inches in overall width, is nonilluminated, and is not placed in the front half of the minimum required front yard.

(2) Uses permitted by § 170-112.1A(1)(c) are only permitted signs accessory to the business conducted on the property and erected on a wall facing on a street, provided that all of the requirements contained in § 170-90C(1) through (7) above are met.

P. Portable signs.

[Added 3-24-2014 by Ord. No. 3-2014]

(1) One portable sign meeting the requirements of Subsection P(2) below and recommended by the BID may be authorized for display in the front yard of a retail business which will not interfere with pedestrian or vehicular traffic or safety. The permit number and expiration date shall be displayed in the lower right-hand corner of the sign.

(2) Portable signs may be two-sided as sandwich boards. They shall not be more than 36 inches wide or 48 inches high. Such signs shall be displayed no less than six feet from the roadway curb. Any such sign shall only be used to bear text to announce a special event or offer at that business. No such sign shall be designed to imply traffic controls or resemble a traffic control device or sign.

(3) A permit can be obtained from the Building Department and taken out by a property owner for one year. It will cost $100 for the annual permit.

(4) No more than one sign is allowed per building.

(a) The landlord will determine which tenant will have the sign and for how long during the yearly term of the permit. He or she can assign it to a tenant on a monthly, quarterly or annual basis.

(b) The permit year runs from January 1 to December 31 (calendar year).

(5) Signs must be used for promotional purposes only.

(6) Signs must be put out when the business opens in the a.m. and brought in when closing in the p.m.

(7) The BID approval must be received before being displayed in the street. To receive a permit you must select one of the BID-approved sign designs. Restaurants may change specials on a chalkboard sign daily and will not need BID approval.

(8) Signs may not display telephone numbers, websites or hours of operation. Nothing may be attached to signs.

(9) Signs must be maintained in good order.

Q. Temporary new development signs. Temporary new development signs identifying a real estate development involving the new construction of a multifamily development of more than four units or a nonresidential or mixed use building(s) are permitted under the following conditions:

[Added 6-20-2022 by Ord. No. 15-2022]

(1) Signs authorized hereunder may only be installed after all land use approvals have been obtained, the issuance of demolition and building permits for the development and upon approval of the required application and payment of the required fee.

(2) Only one sign shall be permitted on each street frontage of the property to be developed.

(3) Temporary new development signs shall not exceed 32 square feet in area, except that if the street frontage on which the sign shall be posted is less than 100 feet, the maximum sign size shall be determined by dividing the street frontage by 100 and applying that percentage to 32 square feet.

(4) Temporary new development signs may be affixed to an existing building, freestanding attached to poles or posts, or affixed to a fence enclosing the construction site.

(5) Temporary new development signs, unless affixed to a principal building, shall be set back from the property line a distance of not less than 10 feet and shall have a height of not more than eight feet.

(6) No artificial illumination shall be used.

(7) The content of temporary new development signs is limited to identifying the name and describing the nature of the new development, presenting a visual rendering or picture of the improvements to be constructed, and stating the anticipated time of completion of the new development by date, month, season or year.

(8) Temporary new development signs may only be displayed from the date of approval until the issuance of a certificate of occupancy for the construction of the building, or the issuance of certificates of occupancy for a majority of the buildings in a multibuilding development.

§ 170-91 Fences.

[Added by Ord. No. 4-2003]

A. Purpose. It is the intent and purpose of this § 170-91 to maintain and preserve the traditionally open landscape of the Township of Livingston by limiting and regulating the design, erection, enlargement, maintenance or replacement of fences and retaining walls. No fence or retaining wall shall be erected or enlarged without the appropriate permits.

[Amended 8-19-2013 by Ord. No. 21-2013]

B. In all residence districts:

[Amended 6-7-2010 by Ord. No. 20-2010; 8-19-2013 by Ord. No. 21-2013]

(1) Fences shall not be erected or enlarged either:

(a) Within 25 feet of the intersection of streets or roadway right-of-way lines; or

(b) In such a manner as to interfere with traffic visibility and lines of sight across a street corner.

(2) Front yard fence.

(a) "Front yard fence" means any fence that is on a residence property at any point forward of the plane of the front facade of the residence.

(b) A front yard fence shall not be taller than 48 inches at its highest point nor less than 50% open, such as picket fences and post and rail fences. In no instance shall a front yard fence be made of chain link or similar materials.

(c) Decorative walls and fences, not more than 18 inches high at their highest point, that are erected as part of a general landscaping plan may be erected and maintained with a setback of not less than five feet from the property line, public sidewalk or pedestrian easement.

(d) In no instance shall any fence or wall be erected or enlarged that will block the visibility of the house number from the street.

(3) Side yard fence.

(a) "Side yard fence" means any fence that is on a residence property at any point between the plane of the front facade of the residence and the plane of the rear facade of the residence.

(b) A side yard fence that does not face a street or public right-of-way shall be no higher than 60 inches at its highest point.

(c) A side yard that faces a street or public right-of-way shall be treated as a front yard for purposes of this § 170-91.

(4) Rear yard fence.

(a) "Rear yard fence" means any fence that is on a residence property at any point between the rear property line and a line along the plane of the rear facade of the residence extending between property lines that meet the rear property line.

(b) A rear yard fence shall not be taller than 72 inches at its highest point.

(c) However, a rear yard fence that faces a street or public right-of-way shall not be constructed or enlarged of chain link or similar materials, and shall not be taller than 48 inches at its highest point nor less than 50% open; provided, however, that if the fence is no closer to the street or public right-of-way line than the plane of the residence facade facing that street or right-of-way line, such fence may be up to 72 inches tall at its highest point and of board-on-board construction.

(5) Deer fence.

[Amended 3-11-2024 by Ord. No. 8-2024]

(a) "Deer fence" means a fence, not taller than 96 inches at its highest point, constructed of black polypropylene mesh or black chain link. The size of the opening shall not be more than 2.5 inches by 2.5 inches and shall not be less than 1.5 inches by 1.5 inches.

(b) A deer fence may be installed parallel to a side or rear lot line of a property in a residence district when such line abuts undeveloped property not less than two acres in size. Height restrictions elsewhere in this § 170-91 applicable to a fence at such location shall not apply.

(6) Every fence facing a street or any public right-of-way and taller than 48 inches at its highest point shall:

(a) Be screened from public view by evergreen plantings that shall have a height, at planting, equal to not less than 50% of the height of the fence.

(b) No such fence shall be closer than the greater of three feet to a public sidewalk or pedestrian easement or a roadway right-of-way line, or 10 feet to the street.

(7) In determining what percentage of a fence is open, all translucent, transparent or clear materials shall be considered as solid elements.

(8) Every fence that has only one finished side shall have that side facing away from the property that is fenced.

(9) Whenever a chain link fence is permitted, the chain links shall be vinyl-clad and the other elements of the fence shall be of matching color. Only one color shall be used, and the color may be black, brown or green.

(10) No fence or retaining wall shall contain sharp spikes or points, jagged or sharpened surfaces, or other components or materials that may cause injury. No fence or retaining wall shall be constructed of nonstandard or makeshift materials creating an eyesore.

(11) Every fence shall be maintained in safe, sound and upright condition and in good appearance. Every planting required by this section shall be maintained in good condition and pruned so as not to intrude upon any sidewalk, right-of-way or easement. Any required plantings that die shall be replaced with healthy plantings of the same size as originally required.

(12) No retaining wall may be erected, installed or enlarged in lieu of a fence not permitted under this § 170-91.

(13) If a fence or retaining wall has a gate or door, such gate or door shall not open in such a way as to intrude upon any right-of-way, sidewalk or easement for a sidewalk.

(14) Any nonconforming fence or retaining wall lawfully in existence on the effective date of this § 170-91, if substantially destroyed or removed, may not be replaced unless replaced by a conforming fence or retaining wall; provided, however, that a nonconforming front yard fence or retaining wall on a property designated as an historic site, as provided in § 170-3, may be replaced with a fence or retaining wall faithful to the style of the property's architecture and historic period.

(a) If a conforming fence needs less than a substantial repair, a permit is still required. However, the fee will be waived.

(b) Existing fencing vs. repaired/replaced section. The replacement material for the section of fence being repaired or replaced must be the same or of like kind and appearance as the existing fence.

(15) No retaining wall or rear yard fence facing a street or public right-of-way shall be erected, installed or enlarged without a permit therefor issued by the Construction Official upon application as provided in § 170-87B.

(16) Any retaining wall that is 60 inches or more in height shall, as a safety measure against falls over the wall, either: be topped by a permanent substantial fence not less than 48 inches in height, with its base not less than two inches above the wall and with any opening in the fence not more than four inches in width; or be protected by a permanent substantial fence located not less than four feet from the wall and not less than 48 inches in height, with its base not more than two inches above grade and with any opening in the fence or its gate not more than four inches in width, and with evergreen plantings between the fence and the wall that shall have a height, at planting, of not less than 2.5 feet; provided, however, that if the topography requires that there be two or more essentially parallel retaining walls at different elevations, there shall be a setback of not less than eight feet between such walls, and the Construction Official shall determine which wall or walls shall be topped or protected as above. The aggregate height of such walls shall not exceed 120 inches, and the setback area between them shall have evergreen plantings that shall have a height, at planting, of not less than 2.5 feet.

(17) No base, pedestal or enclosure for a light fixture between the front facade of a residence and the street shall have a height greater than three feet or horizontal plane dimensions greater than two feet by two feet. Any such base, pedestal or enclosure shall meet the same setback requirements as for a fence at its location.

(18) No fence visible from a street or roadway right-of-way or abutting another property shall be erected or enlarged on the property of a nonconforming or conditional use in a residence district without application to, and approval of, the Planning Board or the Zoning Board of Adjustment, as appropriate.

(19) Nothing in this § 170-91 supersedes requirements established elsewhere in this chapter concerning the fencing of private swimming pools or private tennis courts.

(20) Swimming pool fences must be maintained in compliance with the Zoning and Building Code requirements.

(21) If a fence or wall is constructed on a berm, then the height of the berm is included in the total height of the fence. Berm height is measured from the natural/existing grade.

(22) All fences separating adjacent residential properties must be installed not less than six inches from the property line. However, if adjacent property owners want to share a fence on the property line, they shall submit a joint notarized letter to the Construction Official stating they have agreed to such installation and setting forth their agreement as to maintenance and repair of the fence; provided, that if the fence is intended for protection of a swimming pool the maintenance and repair of the fence shall be the responsibility of the owner of the property with the pool.

(23) Fence color, other as permitted in Subsection B(9) above, shall be earth tones, green, black, grey, white or muted colors. Bright or reflective colors shall not be used.

(24) No fence post may be installed on an easement. Any fence that crosses or abuts an easement shall have a gate to allow access to the easement.

C. Nonresidential districts. In nonresidential districts no fence or retaining wall shall be erected or enlarged without application to, and approval by, the Planning Board or the Zoning Board of Adjustment, as appropriate, except for an area for outdoor seating for consumption of food or beverages established under a permit issued pursuant to § 170-92.1.

[Amended 4-4-2005 by Ord. No. 4-2005]

D. Enforcement. This § 170-91 shall be enforced as follows:

(1) Any fence or retaining wall erected, installed, enlarged or maintained in violation of this section shall be removed, or the violation otherwise cured, by the owner within 30 days after receipt of a notice of violation from the Zoning Officer. Such notice shall be deemed to be properly and sufficiently served if copy thereof is sent by registered or certified mail to the last known address of the person, persons, entity or entities upon which the same is served, as shown by the most recent tax lists of the Township, or if a copy of such notice is handed to such person, persons, entity or entities, or a copy thereof is left at the usual place of abode or business of such person, persons, entity or entities. The notice shall state that if the violation has not been cured within such thirty-day period, or such additional time as may be allowed by the Township, a summons and complaint shall then be issued against the person, persons, entity or entities so notified.

(2) Any person or entity who shall violate any of the provisions of this § 170-91 shall, upon conviction after issuance of a summons and complaint, be punished as provided for in § 1-7, General penalty, of the Code of the Township of Livingston. Each violation of any provisions of this section shall be deemed a separate and distinct offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues after expiration of the time for cure allowed under Subsection D(1) above.

[Amended 6-7-2010 by Ord. No. 20-2010]

§ 170-92 Design and sign standards for Special Improvement District.

[Added by Ord. No. 23-2003; amended 4-4-2005 by Ord. No. 4-2005; 2-28-2011 by Ord. No. 4-2011]

A. Purpose. It is the intent and purpose of this § 170-92 to:

(1) Establish design and sign standards and review methodology for buildings on commercial properties within the Livingston Community Partnership Special Improvement District.

(2) Establish the role of the Livingston Community Partnership Management Corporation ("BID") in performing that review.

B. Applicability. This § 170-92 applies to all commercial properties identified in Chapter 44, Special Improvement District, of the Code of the Township of Livingston, as amended, other than property in the Livingston Town Center Redevelopment District.

C. Scope. This § 170-92 applies to all existing buildings; new construction; additions; exterior changes or improvements; front yard or streetscape work; and to signage not otherwise regulated. It does not apply to facade repairs or restorations; repainting in the same colors; or to other facade work that does not change a building's appearance. It is applicable to all changes to or additions of signage, and is supplementary to the requirements of § 170-90.

D. Architectural Review Committee. All actions to which this § 170-92 is applicable that require the issuance of Township permits, or the reaching of determinations by the Planning Board or the Zoning Board of Adjustment with regard to such activities, are first subject to application to, and prior review and action by, the Architectural Review Committee of the BID.

E. Submissions to the Architectural Review Committee.

(1) Applications to the Architectural Review Committee shall be submitted to the BID not less than 10 calendar days before the date of the Architectural Review Committee meeting at which the application will be considered. The application shall include, at the minimum, 10 copies each of:

(a) Name and address of the applicant, and the name and telephone number of the applicant's contact person.

(b) Address, tax block and lot number of the property.

(c) If the applicant is not the owner of the property, the owner's name, address, telephone number and the owner's written consent to the project.

(d) Photographs of all facades of an existing building, or a site for new development, and of the immediately surrounding environment.

(e) Fully dimensioned drawing(s) of the facade(s) as proposed, showing architectural features, signs, awnings and colors proposed.

(f) Samples of all materials proposed.

(g) Descriptions (wood, metal, vinyl, etc.) and samples of all materials and colors.

(h) Site survey/site plan.

(i) Description(s) and/or sample(s) of proposed lighting fixture(s).

F. Design elements. All design elements must meet the requirements of all other applicable provisions of the Code of the Township of Livingston. In addition:

(1) The storefront.

(a) Storefront windows shall provide interior visibility and/or merchandise display. Merchandise display shall be at least 12 inches from the glazing. No stock or inventory shall be stored in the window display area.

(b) Window display areas shall remain lighted from dusk at least until the later of store closing or 10:00 p.m.

(c) A minimum of 60% of the horizontal length of the main level retail facade must be transparent glass between the heights of three feet and eight feet above grade.

(d) Reflective glass is not permitted. However, nonreflective glass with up to 50% tinting may be used to reduce sun glare.

(e) Signage directly on or in the glazing of any window or door shall not exceed, in the aggregate, more than 25% of the total area, including mullions or other glazing dividers, of the glazing of the window or door. The area of a sign shall be determined by multiplying its greatest horizontal dimension by its greatest vertical dimension. No sign behind a window that is not directly on or in window glazing, other than one sign indicating that the facility is open or closed, shall be within 12 inches of the glazing. Window signage on other than the ground floor is not allowed.

(f) Through-window/wall air-conditioning units may not be installed on any facade that faces a street, pedestrian way or parking area.

(g) Earth tones or muted colors are recommended for facades; bright, reflective or glowing colors are prohibited. Colors selected should be consistent with or complement the BID's streetscape design and surrounding settings. Earth tones and muted colors are also recommended for roofs. Conventional roof shingles, slate roofs, or shingles with the appearance of slate are appropriate; tiled roofs are discouraged. Brick or natural stone facades should be unpainted.

(h) A restaurant may have a menu display box or framed menu display, not exceeding 450 square inches in area, installed on a wall adjacent to the entrance or within a window adjacent to the entrance. It shall not be counted as a sign.

(2) Awnings.

(a) Canvas and colorfast opaque weather-coated fabric are the recommended materials. Awnings, including any valance (which shall not exceed eight inches), shall be mounted so that the lowest point, including any valance, shall not be less than 7.5 feet above grade. Waterfall awning shapes are not permitted.

(b) Awnings must be mounted below any existing or potential wall sign band. Internal illumination of awnings is prohibited.

(c) In lieu of a permitted wall sign, equivalent wording, scaled to the size of the awning, may be placed on one awning of the tenancy served by that awning. No signage shall be placed on a valance, except that one valance may display the building number.

(d) Every awning shall be maintained in good condition and repair.

(3) Building lighting.

(a) The design, size and location of exterior light fixture(s) should be compatible with the overall building design.

(b) The kind of light that shines from the fixture should fully reveal the true colors and textures of the building or feature illuminated.

(c) Energy-efficient lighting permitted by ordinance is encouraged.

(4) Planters and greenery. All permanent (stay-out-overnight) pots and planters must be a minimum of 1.5 feet in height.

(5) Landscaping. Landscaping shall be designed and maintained in accordance with applicable BID streetscape designs.

(6) Outdoor furniture. Outdoor furniture must be weighted or fixed to the ground to avoid movement from the wind. All furniture should be made of metal, wood, or some combination of those materials. (Note: Outdoor seating for consumption food or beverages is separately governed by § 170-92.1, and not by this § 170-92.)

(7) Dumpsters/trash receptacles/utilities. Dumpsters, recyclables and trash receptacles not for public use are permitted only in rear yards and shall be screened by materials the same as, or substantially consistent in appearance with, the rear facade of the building. Utility services shall be incorporated into the overall design and construction of the building so that visual impacts are contained and not distracting.

(8) Existing window and transom openings may not be filled in or covered unless the materials and finish match the building's adjacent finishes.

(9) Facade divisions. A continuous facade greater than 100 feet in length, and continuous facades created by combining several smaller buildings into one long facade, shall be subdivided by smaller vertically oriented sections or vertical relief by use of reveals, offsets, or projecting ribs or pilasters at intervals of not more than 30 feet, or expressed as individual smaller buildings.

(10) Planters, pots, outdoor furniture and trash receptacles for public use shall not impinge upon a public sidewalk or right-of-way.

G. Considerations by the BID Architectural Review Committee in determining appropriate design:

(1) The architecture and aesthetic significance of the building and its relationship to the architectural and aesthetic context of the surrounding area.

(2) The general compatibility of the exterior design, arrangement, materials and/or colors proposed to be used with the surrounding buildings and elements.

(3) Specific requirements of this § 170-92 and applicable design standards in other provisions of Chapter 170 of the Code of the Township of Livingston.

H. Architectural Review Committee actions.

(1) Work for which only a Township permit is required:

(a) The BID approves or disapproves, in writing, with reasons for any disapproval stated, and provides copies to the applicant, the owner and to the Zoning Officer. The BID's decision shall not be binding upon the Zoning Officer.

(b) The applicant may appeal disapproval by the Board to the Planning Board by filing notice of appeal with the Secretary of the Planning Board by certified mail, with a copy to the BID, within 30 days after receipt of such disapproval. No public notice of the appeal is required, and the Planning Board need not hold a formal hearing.

(c) The Planning Board shall act on such appeal at an open public conference meeting and may affirm the Architectural Review Committee action; grant the applicant relief; or remand the matter to the Architectural Review Committee for further action.

(2) Work for which Planning Board or Zoning Board of Adjustment approval is required:

(a) The BID makes recommendations to the applicant and sends a written report of the recommendations and reasons therefor, as well as whether they were accepted by the applicant, to the Board with jurisdiction.

(b) The BID's recommendations are not binding upon the Planning Board or the Zoning Board of Adjustment.

I. Seasonal outdoor seating for consumption of food or beverages at purveyors or restaurants. Such seating is separately governed by § 170-92.1, and the BID has only advisory authority in respect to applications submitted pursuant to that section.

J. Temporary and portable signs. Signs are an important factor affecting the aesthetics of the community and the economic and business climate. Visual clutter can negatively impact such aesthetics and climate. In addition, the physical location, size and visual elements of signs can have an adverse impact upon safety of pedestrians and motorists. Temporary signs and portable signs not expressly permitted herein are prohibited. The following signs, when professionally prepared or having a professional appearance, are permitted for commercial properties subject to this § 170-92 in addition to signs regulated under Subsection F(1)(e) above and signs regulated under § 170-90:

[Amended 11-17-2014 by Ord. No. 25-2014]

(1) Temporary signs.

(a) Temporary wall signs. A permit for a temporary wall sign may be issued by the Zoning Official for a period not to exceed 60 days pending approval and installation of a permanent sign. One extension of up to 30 days may be granted. Such a temporary wall sign may be constructed of canvas or other fabric, or of plastic with a fabric appearance, and may contain only such information or graphics as would be permitted for a permanent wall sign. The temporary sign shall not exceed the permitted dimensions of a permanent wall sign and shall be securely affixed to the facade of the building at the location permitted for a permanent wall sign.

(b) Sale or lease of premises.

[1] A temporary window sign announcing that the premises are for sale or for lease may be posted in one ground floor front facade window.

[2] A temporary nonilluminated sign announcing that the premises is for sale or for lease may be displayed in the front yard and not less than six feet from the street curb; provided always that it does not physically interfere with pedestrian or vehicle traffic, or with vehicle lines of sight at corners or driveways. The face of such sign shall not exceed nine square feet in area, nor shall such sign have an overall height in excess of six feet including its supports. When a multitenant retail or office property has a permitted monument sign to identify tenants, that portion of the sign that had identified a tenant that has vacated the premises may be utilized to announce that the vacated space is available for lease.

(c) Other temporary window signs. Temporary window signs:

[1] Promoting commercial on-premises sales, services, or events.

[2] Announcing or promoting community events.

[3] Announcing new ownership, new management, new name, or grand opening, of a business. In addition to such allowed announcement, a permit may be issued by the Zoning Officer for:

[a] A temporary wall-mounted banner not more than 15 feet wide by three feet tall announcing that change or event; and/or

[b] A temporary decorative string pennant banner having only triangular pennants no longer than 18 inches in length.

[c] Such banner(s) may then be displayed in front of the business during the same period that the window sign is displayed. The fee for a banner permit is $100.

(2) Dimensions, period of display, and removal of temporary signs.

(a) The size of a temporary window sign, or the aggregate area of signage if more than one such sign is displayed, shall not exceed the lesser of 25% of the glazing of the window in which displayed or nine square feet.

(b) Temporary window signs and temporary banner signs may be displayed for the lesser of 30 days or until the second business day after the sale, event or other promotion communicated by the sign.

(c) A temporary sign for the sale or lease of the premises shall be removed not later than two business days after closing of the contract of sale or lease.

(3) Portable signs. Portable signs present particular challenges to safety and aesthetics, and permits are required.

(a) The only portable signs permitted are of the sandwich board A-frame type that meet the following specifications:

[1] Overall vertical length unopened: 48 inches.

[2] Overall width: 30 inches.

[3] Maximum display area: six square feet per side.

[4] Maximum display area: width 24 inches and height 36 inches.

[5] All materials of the sign's structure shall be white or black in color, or uncolored natural wood; except that if the display area is a chalkboard or dry-erase board that area may be black, grey or white. Wood frames shall be solid wood and not veneer.

(b) No more than one portable sign shall be displayed at or for any building; except that if the building has frontage of 100 linear feet or more and contains more than one business, then two portable signs may be displayed provided that both are not for the same business.

(c) A portable sign may be utilized to promote (i) the business, or (ii) a particular sale or service, or (iii) a special event; including activities regulated under Chapter 244, Sales, Special.

(d) A portable sign may not be illuminated internally or by directed external lighting, or have electrical or battery power. It shall be displayed only during daylight business hours of the business utilizing the sign. The sign may not be attached to or stand upon any structure or support, inserted into the ground, or anchored to the ground by a weight or in any other manner.

(e) No balloons, banners, streamers, pinwheels, reflective or bright colors, sound-generating or broadcasting device, or any other device or display that may potentially unsafely distract motorists or pedestrians shall be attached to or incorporated into a portable sign. No graphic, symbol or text that could be mistaken for a traffic control sign or symbol shall be used.

(f) A portable sign may be placed adjacent to, but not blocking, the entrance to the business utilizing it, or placed within the front yard of that business, or on a Township sidewalk or a street sidewalk of the Special Improvement District in front of that business; so long as there is no interference with or obstruction of at least four feet of the width of the pedestrian walking area. A portable sign shall always be not less than six feet from the curb of the public street, and stand at a right angle to the building.

(g) If a building is constructed so that the business entrance(s) do not face the street, any portable sign(s) for which there has been a permit issued may be placed either as provided in Subsection J(3)(f) above or adjacent to, but not blocking, the business entrance(s).

(h) The owner of the property at which the sign is displayed shall be responsible for ensuring that the sign constructed of weather-resistant materials and maintained in good order and repair.

(i) The form of application for a portable sign permit shall contain the applicant's affirmation of agreement to indemnify and hold harmless the Township and the Livingston Community Partnership, and their respective officers, agents and employees, from any claim or liability arising from the presence, placement, design or construction of a sign or signs. The applicant shall also submit with the application a certificate of insurance establishing that the Township and the Livingston Community Partnership, and their respective officers, agents and employees, are named as additional insureds under the applicant's liability policies covering such risks.

(j) The portable sign permit application of the owner of a property shall be made to the Zoning Officer. The portable sign permit fee is $100. The Zoning Officer shall issue such a permit upon determining that the applicable criteria and standards established by this subsection are met. The permit shall be valid for a six-month period: either January through June or July through December. The Zoning Officer shall provide to the property owner a form of notice to be affixed to a lower right-hand corner of the sign stating the number and expiration date of the permit.

(k) Upon receipt of a permit, the owner of a property on which there is more than one business wishing to display a portable sign may decide which business or businesses, and for what period(s) of time consistent with this § 170-92J while the permit is valid, may utilize the sign.

(4) General provisions.

(a) Temporary and portable signs not expressly permitted are prohibited; as are all balloons, streamers, pinwheels or other devices that are capable of movement due to air flow and are not attached to a sign but have the effect of attracting attention to commercial activity.

(b) Nothing in this § 170-92J is intended to prohibit noncommercial copy in the display area of a permitted sign.

(c) If any sign or device is installed, erected, constructed or displayed in violation of this § 170-92J, the Zoning Officer or his delegate shall, by personal notice or registered mail, notify the property owner and/or the business utilizing such sign or device of the violation and order the correction or removal of the sign or device.

[1] If any sign or device in violation is not corrected or removed within five business days, or such additional time as may be allowed by the Township, a summons and complaint shall then be issued against the person, persons, entity or entities so notified.

[2] However, a portable sign that presents a safety hazard or is not expressly permitted may be removed and impounded by the Zoning Officer or his delegate. Once impounded, the sign shall be placed in appropriate storage. Within five business days after such impoundment, the Zoning Officer shall, by ordinary mail, notify the owner of the sign (if known) that the impounded sign may be redeemed within 10 days from the date of such notice for the sum of $25. If the impounded sign remains unclaimed or unredeemed for a period of 15 days beyond the date fixed for redemption, the Zoning Officer is authorized to make appropriate arrangements for disposition of such sign.

[3] Any person or entity who shall violate any of the provisions of this § 170-92J shall, upon conviction after issuance of a summons and complaint, be punished as provided for in § 1-7, General penalty, of the Code of the Township of Livingston. Each violation of any provisions of this § 170-92J shall be deemed a separate and distinct offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues after expiration of the time for cure allowed under Subsection J(4)(c)[2] above.

K. Graffiti. Any drawing, painting or making of any mark or inscription on real or personal property without prior written permission of the property owner is graffiti. Graffiti negatively impacts community aesthetics and the economic and business climate. Property owners should expeditiously remove graffiti that is on their property.

[Added 11-17-2014 by Ord. No. 25-2014[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsection K as Subsection L.

L. Enforcement. Any person or entity who shall violate any provision of this § 170-92 shall, upon conviction after issuance of a summons and complaint, be punished as provided in § 1-7, General penalty, of the Code of the Township of Livingston.

§ 170-92.1 Seasonal outdoor seating for consumption of food or beverages by patrons.

[Added 4-4-2005 by Ord. No. 4-2005[1]]

A. Inapplicability. This § 170-92.1 shall not apply in the Livingston Town Center Redevelopment District.

[Amended 9-5-2006 by Ord. No. 35-2006; 3-28-2011 by Ord. No. 9-2011]

B. Definitions. As used in this § 170-92.1, the following terms shall have the meanings indicated:

PURVEYOR

A licensed business whose sole or primary activity is the sale of prepared foods or nonalcohol beverages for consumption off premises. The term does not include a supermarket or grocery, or an establishment providing service primarily from vending machines.

RESTAURANT

Any business whose sole or primary activity is the on-premises preparation of meals consumed indoors at not less than eight tables with an aggregate table seating capacity of not less than 36 persons, and which business derives more than 50% of its gross receipts from such meal service.

[Amended 3-28-2011 by Ord. No. 9-2011]

C. At any nonresidential building located in the B, B-1, or B-2 Districts, and also fronting on South Livingston Avenue, North Livingston Avenue, East Mount Pleasant Avenue, West Mount Pleasant Avenue, East Northfield Road, or West Northfield Road, any duly licensed restaurant, or other occupant of the building which occupant is a purveyor on the premises of food or refreshments, as permitted in the applicable zoning district, may apply to the administrative officer for a seasonal permit to provide temporary outdoor seating in the front yard of the premises, as an integral part of that business, for consumption of food and/or refreshments by patrons. If the building on such a street is on a corner, the building shall be deemed to have a front yard both on such street and on the intersecting street. A seasonal permit shall be issued only if the following requirements are met:

[Amended 3-28-2011 by Ord. No. 9-2011]

(1) The applicant shall have submitted to the administrative officer, with 10 copies to the Architectural Review Board of the Livingston Partnership Management Corporation ("the BID"), the following:

(a) Address of property and names of applicant and property owner;

(b) Contact name and phone number;

(c) Consent of property owner and other consents required by Subsection C(10) below;

(d) Color photograph of the property;

(e) Scaled drawings/renderings of the proposed project showing compliance with the design standards of this section; and

(f) Description of proposed furnishings and equipment.

Note: If the application is for precisely the same approval as was granted to the applicant for the immediately previous year, only two copies each, bearing a note to that effect, need be submitted.

(2) The area for such seating shall have a front setback of not less than 1.5 feet from the front property line. It shall have a side setback of not less than 1.5 feet from any driveway or off-street parking. The area for outdoor seating shall not impinge upon a public sidewalk or right-of-way. If the establishment is on a corner, no area for outdoor seating shall be closer than 25 feet from the intersection of the two roadway right-of-way lines nor shall it in any manner interfere with traffic visibility across the street corner.

(3) The seating in an outdoor seating area may be additional to existing interior seating, if any, of the establishment and shall not exceed 20 seats for a purveyor, or the greater of 20 seats or 15% of such interior seating for a restaurant. No food or refreshment preparation or storage shall be permitted within the outdoor seating area; and all persons shall be seated when consuming food or refreshments within the area.

[Amended 9-4-2018 by Ord. No. 11-2018]

(4) Permitted outdoor seating areas may be delineated at their sides and front, and always without intrusion upon required setbacks, by planters, or by a fence which is not taller than 36 inches at its highest point, is not less than 50% open, is not made of chain link or similar materials, and does not have sharp spikes or points or jagged or sharpened surfaces or other components that may cause injury. Any gates shall not open in such a way as to intrude upon any right-of-way, sidewalk, foot path, driveway or off-street parking area. The planters or fence shall define the seating area without creating a full barrier to viewing the seating area or the street and shall not bear any advertising or signage. Walls, partitions, trellises, roofs, canopies, awnings, arbors, or any permanent structures, other than a permitted fence, which cover, enclose or delineate the outdoor seating area are prohibited.

(5) The outdoor seating area, including planters or fence, shall not physically displace or impinge upon required parking spaces or public sidewalks or rights-of-way and shall not increase the impervious coverage on the lot. The outdoor seating capacity shall not be included when making the calculation of required off-street parking spaces pursuant to § 170-94E.

(6) A clear pedestrian passageway through the outdoor seating area, between the building and the public sidewalk or a driveway or off-street parking area, shall be provided and shall not be impeded or obstructed. Such clear passageway shall have a width not less than the greater of four feet or the width of any entrance to the building which abuts the outdoor seating area.

(7) Tables, chairs and other furniture must be of wood or metal, or some combination of those materials, strong, durable, and of sufficient mass as to not be easily blown about. Dark and nonreflective colors are preferred. Umbrellas shall be designed with mechanisms to secure them against the effects of wind, and shall not display any advertising. One portable menu sign not exceeding four square feet overall, including the base, is permitted within the outdoor seating area. Such sign shall not be placed upon a public sidewalk or right-of-way or any driveway or off-street parking area.

(8) The outdoor seating area and its furnishings and equipment shall be kept clean. If table wait and bus services are not provided, receptacles for trays, dishware and utensils, and covered receptacles for deposit of recyclables, garbage or trash shall be provided and shall be emptied before overflowing. No equipment, dumpster, structure or enclosure for the storage of garbage or trash for collection shall be placed upon or adjacent to the outdoor seating area.

(9) Electronically generated or amplified music or sound are prohibited. Hours of operation of the outdoor seating area shall not be earlier or later than the hours of operation of the restaurant or purveyor. However, if the outdoor seating area is within 200 feet of a lot on which a residence is located, the outdoor seating area shall not operate between the hours of 10:00 p.m. and 7:30 a.m.

(10) If the outdoor seating area would extend beyond the frontage of the applicant's enterprise so as to be in the frontage of some other business(es), the applicant shall have obtained the written consent of the owner of the building and of the tenants(s) or owner(s) of the other business(es).

(11) The BID shall have reviewed the documents provided under Subsection C(1) above and shall have submitted its recommendations, in writing, to the administrative officer. Such recommendations shall not be binding upon the administrative officer.

(12) No alcoholic beverage, as defined in the Alcoholic Beverage Control Law (N.J.S.A. 33:1-1), as amended, is permitted in an outdoor seating area except:

(a) Under a license, duly issued pursuant to said law, permitting the serving of such beverage in that seating area; or

(b) If the outdoor seating is utilized exclusively by a restaurant following a bring-your-own policy for consumption of alcoholic beverages within the interior premises of the restaurant.

(13) The administrative officer may, in such official’s sole discretion, deny, suspend, or revoke a seasonal permit upon finding that the location, sidewalk width, volume of pedestrian traffic, existing or prior violation(s) of provisions of this section, or that any other factor affecting public order, convenience or safety warrants such action.

(14) Every application for a seasonal permit for outdoor dining shall be accompanied by a filing fee as set by the Township Council by resolution and a certificate of insurance naming the Township as an additional insured. A seasonal permit shall take effect upon issuance or on March 1 of the year for which issued, whichever shall be the later, and shall expire on October 30 of that year. When reviewing any application for a seasonal permit, the administrative officer may deny the application upon finding that requirements of this section were violated by the applicant during the prior outdoor seating season.

(15) Seasonal permits are temporary authorizations which expire on a specified date or upon earlier termination of the permit holder's business. Even if renewed, or if one or more subsequent permit(s) be issued, they do not create any permanent rights or vested interests and shall not be deemed or construed as to grant any waiver or deviation in regard to the Land Use Ordinance or zoning regulations in force when the permit was issued or subsequent thereto.

(16) Within five business days after expiration of a seasonal permit, all furniture, receptacles and equipment authorized by the permit shall be removed from the outdoor seating area.

(17) If a restaurant or purveyor who provided an outdoor seating area pursuant to permit ceases to do business, or to offer such seating, and is not replaced by another enterprise to which a permit for such area has been issued, any fence erected under authority of this § 170-92.1 shall be removed and the area shall be restored to its prior condition.

D. Other than as expressly provided in this § 170-92.1, outdoor seating for food or beverage consumption by patrons shall not be provided unless specific site plan approval that includes such seating has been granted by the Planning Board or Zoning Board of Adjustment.

[1] Editor's Note: This ordinance also provided that other than expressly provided, outdoor seating for food or beverage consumption by patrons shall not be provided unless specific site plan approval that includes such seating has been granted by the Planning Board or Zoning Board of Adjustment after proper hearing and notice.

§ 170-93 Security grates/grills.

[Added by Ord. No. 28-2003]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL BUILDINGS

All buildings, structures or parts thereof shall be classified as commercial which are used for the transaction of business, for the rendering of professional services, for display and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public, including, among others, retail stores, shops, salesrooms and markets.

SECURITY GATE/GRILL

A metal gate or other obstructive device which is utilized for the purpose of restricting or controlling or obstructing entry or exit into a commercial building.

B. Restrictions. It is unlawful for any person, entity or corporation to install a metal security grate or grill-type door on the facade of a commercial building facing onto a public street.

C. Penalties. A person or entity that shall violate any provisions of this section or any other order promulgated hereunder shall, after a summons is issued, be required to appear in Municipal Court and be subject to a fine up to $1,000. Each violation of any of the provisions of this section shall be deemed to be a separate and distinct offense. A separate offense shall be deemed committed on each date during on or which a violation occurs or is continuous.

§ 170-94 Off-street parking and loading provisions.

[Amended Ord. No. 12-1987; Ord. No. 25-1987; Ord. No. 19-1989; Ord. No. 23-1989; Ord. No. 3-1996; Ord. No. 24-2002; 2-28-2011 by Ord. No. 5-2011; 12-1-2014 by Ord. No. 26-2014; 9-19-2016 by Ord. No. 27-2016; 6-9-2021 by Ord. No. 14-2021; 9-23-2024 by Ord. No. 25-2024]

All off-street parking and loading areas constructed within the Township of Livingston shall meet the following provisions:

A. General provisions.

(1) Off-street parking facilities as accessory to any use permitted in a residence district shall be provided on the same lot with the permitted principal building.

(2) Off-street parking facilities as required by this section shall be provided on the same lot with the principal building in the B-2, I, CI, P-B, P-B2, R-L2 and R-L Districts.

(3) All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on such parking lot. No sign, other than entrance, exit and condition of use signs, shall be erected or maintained. The Construction Official is hereby authorized to issue permits for signs less than five square feet in area, the top of which shall extend no more than three feet above ground level. All signs having an area of five square feet or more, or the top of which shall extend more than three feet above ground level, shall first be approved by the Planning Board.

(4) Any part or portion of the site which is not used for buildings, accessory structures, loading or parking spaces or aisles, sidewalks and designated storage areas shall be landscaped in accordance with an overall landscape planting plan, prepared by a landscape architect, as approved by the Planning Board. Natural wooded areas shall be preserved to the greatest extent possible. Existing vegetation that is to be retained should be shown on the plan as well as all proposed plantings.

(5) All landscaped portions of the site shall be maintained adequately throughout the year. The off-street parking area shall be effectively screened on every side which adjoins or faces premises situated in any residence district by a fence or wall not less than four nor more than six feet in height, unless the adjoining property owners in the residence zone agree, in writing, that landscaping will suffice. Said fence or wall shall be landscaped with evergreen trees or other natural landscaping as required by the Planning Board and shall be maintained in good condition. No part of any parking area shall be closer to any residential property line in any residence district than a distance that is at least that which is indicated in the following schedule:

(a) In any P-B1 Zone, this minimum distance shall be at least 50 feet.

(b) In any P-B2 Zone, this minimum distance shall be at least 50 feet, unless said property line is a street right-of-way line, then a twenty-foot setback is required from the right-of-way line.

(c) In any R-6 Senior Citizen Housing District, this minimum distance shall be at least 50 feet.

(d) In all other zones, and on any transition lot, the minimum distance shall be at least 25 feet.[1]

[1] Editor's Note: Original Subsection (v), regarding transitional lots, which immediately followed this subsection, was repealed by Ord. 24-2002, § 3.

(6) All parking areas shall be adequately lighted to ensure safe movement of persons and vehicles in parking lots, access drives and loading zones for the intended use of premises as approved by the Planning Board. All lighting fixtures shall be equipped with shielding so as to reflect the light downward and prevent the direct source of light from being visible from any point beyond the property lines of the premises upon which the lighting structure is located. Duration of operation of all lighting and maximum lumen power permitted shall be as determined satisfactory by the Planning Board with due regard to whether any limitations imposed will deprive the applicant of a reasonable use of his property and whether the application will be detrimental to the public health and general welfare or to the property and personal rights of the abutting owners. No light standard shall be higher than 18 feet or the height of the building, whichever is less, except that:

(a) In the R-L and R-L2 Zones, metal standards with a maximum height of 25 feet shall be permitted.

(b) In the D-S and D-S2 Zones, metal standards with a maximum height of 35 feet shall be permitted.

(7) The required parking provisions of this section may be met by participating in a joint parking program involving two or more business uses; provided, however, that plans for such a joint program shall have been approved by the Planning Board, and provided further that the area for the parking facilities shall equal the collective parking area requirements of the participating properties to be served.

(8) Any parking area hereafter created or improved within the Township that has a paved area, including access aisles or driveways larger than 25,000 square feet, shall be provided with shade trees at a ratio of one tree for every 6,000 square feet of paved area. Each tree shall be located within a paved area, within a planting area of not less than 100 square feet. The location of all required trees shall be approved by the Planning Board.

B. Design provisions.

(1) Provision shall be made for adequate drainage facilities for all parking, loading and storage areas. All such installations shall be connected with an adequate, approved system and shall be adequate to accommodate the storm drainage runoff of the facility it is designed to serve. All drainage facilities shall be approved by the Township Engineer prior to Planning Board approval.

(2) Roadways and parking areas shall be designed so that no through street serves as the access aisle for angle parking areas.

(3) All parking spaces within any parking area shall be clearly marked and maintained to show the parking arrangement within said parking areas. Vehicles shall be parked only in such spaces.

(4) If any fence, wall or landscaping shall have been required for any parking area under this section, then such fence, wall or landscaping shall be protected by a concrete curb or bumper guard, or the equivalent, which shall run parallel to such fence, wall or hedge, be at least five inches in height above the paved surface adjacent to such fence, wall or landscaping, and be a sufficient distance therefrom to protect such fence, wall or wall or landscaping from the impact of motor vehicles. Utility poles or railroad ties shall not be used to meet required curbing or bumper guards.

(5) Off-street parking is permitted in all yards of all nonresidential zone districts as regulated in each zone district. On any corner lot in a nonresidential zone district, no off-street parking or loading area shall be located closer to a side street right-of-way than 1/2 the required front yard setback for the zone in which said property is located.

(6) In any parking lot designed to accommodate the public, designated parking spaces for handicapped persons shall be required as follows. Handicapped spaces shall be at least 12 feet wide with painted lines and the handicapped symbol painted on the pavement of said spaces.

	Total Parking Spaces in Lot	Required Number of Handicapped Spaces
	Up to 50	1
	51 to 200	2
	Over 200	1% of total spaces in lot

(7) Off-street parking areas shall be designed so that all vehicles may turn around within the parking area, thus preventing the necessity of any vehicle backing onto a public street:

(a) Where five or more off-street parking spaces are provided on a lot fronting on a public street.

(b) Where off-street parking is provided on any lot fronting on an arterial or major collector street.

(8) All parking areas and driveways shall be fully curbed and paved to direct surface waters to appropriate drainage structures. Curb construction shall be in accordance with the provisions of Section 9 of the Revised Standard Specifications of the Township of Livingston, New Jersey (1983), as amended.

(9) Every site plan shall show a properly screened area reserved for trash or refuse pickup as approved by the Planning Board. Such area shall be so located on the premises that solid waste trucks have access to such area at all times.

(10) Aisle widths. All parking areas and structures shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide service driveways or aisles to meet the following minimum standards:

	Type of Parking	Minimum Width (feet)
	Longitudinal (end-to-end)	12
	30°-angle	11
	45°-angle	13
	60°-angle	18
	90°-angle (open lot)	24

(11) Driveway widths. Any driveway entrance or exit from a parking area as permitted in this section shall be a minimum width of 12 feet for one-way traffic and in multiples of 10 feet for traffic moving in opposite directions.

(12) Sidewalks shall be constructed on the site to adequately serve pedestrian traffic as required by the Planning Board.

(13) Buffers. Visual separation should be provided by means of landscaping between properties to minimize the impact of headlights of vehicles, light from structures, noise and the movements of people and vehicles.

C. Construction specifications.

(1) All off-street parking areas for nonresidential uses permitted in residential zones and all off-street parking areas in nonresidential zones and for transitional lots shall be constructed in accordance with the Revised Standard Specifications of the Township of Livingston, New Jersey (1973), as amended. Pavement shall be constructed in accordance with the provisions of Section 10 of said specifications and shall have a minimum four-inch-thick macadam base course and a two-inch-thick bituminous concrete surface course.

(2) The completion of the finished pavement or driveways, parking areas and buffer areas may be deferred at the request of the owner for a period not to exceed six months from the time the driveway is opened, provided that a performance guaranty in amount satisfactory to the Township Council is posted with the Township prior to the issuance of an occupancy permit for the building. If said performance guaranty is to be for an amount less than $3,000, the same shall be in the form of cash to be held in escrow, without interest. If said performance guaranty is for an amount greater than $3,000, the balance may be in the form of a surety bond.

(3) All improvements required and indicated on the approved site plan such as pavement, lined parking spaces, curbs, landscaped areas, fencing or screening hedges, lighting signs and storm drainage facilities shall be maintained by the applicant

D. Required parking in all residential districts.

(1) Provision shall be made for two usable off-street parking spaces for each new dwelling unit in any R-1, R-2, R-3 and R-4 Zone District or in any nonresidential zone district where said dwelling unit is either permitted by right or variance; provided, however, that any private garage as required elsewhere in this chapter may be counted as the required space.

(2) Provision shall be made for 1.25 parking spaces for each dwelling unit in any R-6 Zone district.

(3) Nonresidential uses in any residential zone shall provide off-street parking in accordance with the schedule in Subsection E of this section.

(4) On any residentially zoned lot which contains a permitted nonresidential use, no part of any off-street parking area shall extend into any required front yard or side street setback area more than 1/2 the front yard setback requirement for the zone in which said lot is located.

E. Required parking in all nonresidential districts.

(1) All nonresidential uses in any zone district except the D-S District shall include a minimum number of off-street parking spaces, exclusive of access driveways, as calculated according to the following schedule:

	Use	Required Parking Spaces
	Animal hospitals and clinics	1 per 300 square feet GFA
	Art galleries and libraries	1 per 200 feet GFA
	Assembly hall/community center/auditorium/theater	1 per 3 seats or 1 per 150 square feet where no fixed seats
	Automobile sale	1 per 300 square feet of showroom, plus 4 per service bay
	Banks and financial institutions	1 per 200 square feet NFA
	Beauty culture/nails facilities/hair salons and barber shops	1 per 200 square feet GFA
	Bowling alley	5 per alley plus 1 per 250 square feet NFA of accessory use
	Building or construction contractor equipment storage buildings	1 per 1,000 square feet GFA
	Car wash	1 per 2 employees
	Catering facilities	1 per 100 square feet GFA
	Churches and other houses of worship	1 per 3 seats or 1 per 72 inches of bench seating or 1 per 33 square feet NFA if no seating
	Country clubs/golf courses	10 per tee, plus required spaces for other uses
	Day-care facilities, including child- and adult-care centers	1 per 100 square feet GFA or 0.34 per child
	Event facility	1 per 25 square feet GFA
	Farm or nursery	10
	Funeral home/mortuary	10, plus 1 per 100 square feet of chapel or viewing room
	Gymnasium/health and fitness/physical training/exercise	1 per 200 feet GFA
	Hospital	3.2 per bed plus required spaces for other uses
	Hotel/motel and lodging facilities	1.25 per room
	Indoor training facilities for badminton, handball, tennis, racket ball	2 per court, plus 1 per 3 seats or 1 per 150 square feet GFA when there are no seats
	Indoor training facilities for baseball, basketball, soccer, softball, volley ball	2 per 250 square feet of court, plus 1 per seat or 1 per 150 square feet GFA when there are no seats
	Industrial/manufacturing	1 per 800 square feet GFA
	Moving and storage operations	1 per 1,000 square feet GFA
	Office - general	1 per 250 square feet NFA
	Office - medical	1 per 200 square feet GFA
	Physical and mental health and rehabilitation centers	1 per 250 square feet GFA
	Postal, parcel and courier mailing, shipping and delivery services	1 per 200 square feet GFA
	Printing and duplicating	1 per 200 square feet GFA
	Professional studios for instruction in dance, music, art, photography, crafts, martial arts, etc.	1 per 200 square feet GFA
	Research laboratory	1 per 1,000 square feet GFA
	Restaurant/tavern	1 per 3 seats
	Retail sales and service	1 per 200 square feet NFA
	Schools
	High school	2.5 per classroom, but not less than 1 per full time employee
	Elementary school	2 per classroom, but not less than 1 per full time employee
	Business and vocational school	5 per classroom
	Service station	4 per bay, but not less than 4
	Showroom sales1	1 per 1,000 square feet GFA
	Storage warehouse/shipping and receiving/wholesale distribution	1 per 1,000 square feet GFA
	Tradesmen products sales2	1 per 400 square feet GFA
	Truck terminal	2 per loading bay
	Wholesale sales3/furniture stores	1 per 1,000 square feet NFA

	NOTES:
	1	Showrooms for display of merchandise, but where the merchandise is only ordered by the purchaser.
	2	Such as sales to plumbing, heating, air conditioning and electrical contractors.
	3	Sale in bulk or quantity to retailers or others for resale to the ultimate consumer.

(2) As used in the above schedule, the term "GFA" shall mean gross floor area, and the term "NFA" shall mean net floor area, which shall exclude fire stairwells, utility and storage areas.

(3) Off-street parking requirements for a combination of uses shall be computed separately and then added together to compute the total number of required spaces. In all questionable or doubtful cases or for uses not specifically enumerated in the above schedule, the Board shall determine the required number of spaces necessary to provide sufficient off-street parking.

(4) In the case of any addition to any existing building involving nonresidential use, the required parking shall be computed on the basis of total floor area, including both the existing building and the addition thereto.

(5) For the purposes of this section, a basement area shall not be counted as part of the floor area in computing off-street parking requirements, unless such basement is devoted to a permitted use, exclusive of storage.

(6) Site plan approval shall be required if the use of any land or existing building is changed from one use category to another use category listed in the above schedule and the new use category requires a greater number of off-street parking spaces.

F. Off-street loading and unloading space.

(1) Every building or part thereof hereafter erected in the B, B-1, B-2, D-S, R-L, R-L2, I and CI Zones shall have, on the premises, one off-street loading space which shall be at least 10 feet in width, 26 feet in length and shall have a clearance of at least 14 feet above grade. Such loading space may occupy all or any part of the required side or rear yard but cannot occupy any setback area from the side street on a corner lot nor a required parking space.

(2) In the D-S2 Zone, one off-street loading space shall be required for every 10,000 square feet of floor area.

G. Parking improvement exemptions.

(1) If any applicant can clearly demonstrate to the Planning Board that, because of the nature of his operation or use, the parking and loading requirements of this section are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this section, provided that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purposes of meeting future off-street parking and loading requirements in the event that a change of use of the premises shall make such additional off-street parking or loading spaces necessary.

(2) Anything in this section to the contrary notwithstanding, no certificate of occupancy shall be valid except for the particular use for which it was issued, and any change on any premises previously improved under this subsection shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Planning Board.

(3) In order for the Planning Board or Board of Adjustment to grant a parking or loading pavement exemption as set forth in Subsection G of this section, the applicant shall present the following documentation:

(a) Traffic engineering studies of parking demand for the proposed land use.

(b) Experiences of similar land use activities in the immediate area or in similar suburban communities.