A.
On corner lots, the side yard requirement for the side
adjacent to the side street shall be the same as the front yard requirement
for houses fronting on this side street. In the event that no houses front
on the side street, then the side yard shall be the same as the front yard
requirement.
B.
At all street intersections, no obstruction to vision,
including fences and plant growth, exceeding 30 inches in height above the
established grade of the street at the property line shall be erected or maintained
on any lot within the triangle formed by the street lot lines of such lot
and a line drawn between points along such street lot lines and 30 feet distant
from their point of intersection.
Height limitations stipulated elsewhere in this chapter shall not apply
to church spires, belfries, chimneys and television antennas. These uses shall
be limited in height to 50 feet in A1 through A3, R1 through R4 and OR Districts
and 65 feet in the other districts.
A.
No building or structure shall be erected in the bed
of any approved street or public drainage way, flood control basin or public
area reserved on the Zoning Map.
B.
No building or structure shall be erected unless the
lot abuts an approved street giving access to such proposed building or structure.
C.
All structures, other than driveways, parking lots or
detention basins, shall have the following minimum setback requirements when
abutting an R1, R2, R2A, R3 or R3A Zone:
[Amended 5-9-2005 by Ord. No. 2005-5; 6-27-2005
by Ord. No. 2005-8; 8-8-2005 by Ord.
No. 2005-13]
(1)
R4, OR, CCD, C1, C2, A1, A2 and A3 Districts: 25 feet.
(2)
RL and LI Districts: 75 feet, plus four feet for each
foot of building height in excess of 25 feet. This additional footage shall
be included in the buffer area as required by § 310-21.
(3)
Where no specific requirements are set forth, the minimum
shall not be less than any minimum provided in this section.
D.
No structure shall be erected, constructed, placed, altered
or enlarged in a residential district, which shall be excessively similar
to any neighboring structure, as hereinafter defined, whether such neighboring
structure is then in existence or whether a building permit has been issued
or applied for. Such structure shall not be inappropriate to its neighborhood
with respect to the elements of exterior design affecting the character of
the neighborhood, such as size, height and materials used in construction,
with particular attention to:
E.
Structures between which the only difference in the relative
location of elements is end to end or side to side or a reversal of elements
shall be deemed to be like each other.
F.
In relation to the premises with respect to which a structure
is sought to be erected, constructed, placed, altered or enlarged, such structure
shall be deemed to be a neighboring structure if the lot upon which the structure
or any part of the same has been or will be located shall be on any one of
the following lots:
(1)
Any lot on the street upon which the structure would
front, which is the first or second lot next along the street in either direction,
without regard to intervening street lines.
G.
No accessory structure shall be constructed closer than
12 feet to any other structure.
H.
A garage connected to a residential building shall be
considered a part of the building and shall meet all yard requirements for
a principal structure.
I.
Accessory structures, including driveways, in residential
zones shall not be located closer than six feet to any rear or side lot line.
No accessory structure, except driveways, shall be located in any front yard
between the street line and the setback line.
A.
General requirements. In all districts, in connection
with every business, institution, recreational, residential, manufacturing,
research laboratory, public building or any other use, there shall be provided,
at the time any building or structure is erected or is enlarged or increased
in capacity or the use thereof is changed, off-street parking spaces, in accordance
with the requirements set forth in Schedule IV; provided, however, that off-tract,
off-street parking spaces may be utilized in any district in compliance with
the following additional requirements:
(1)
A permanent and irrevocable easement of the land on which
the parking facilities are to be located in favor of the premises being benefited
thereby shall be dedicated and recorded as a condition of such use.
(2)
The nearest point of the premises utilized for such parking
spaces shall be not more than 300 feet walking distance from the nearest point
of the premises to be benefited thereby.
(3)
No nonresidential parking spaces may be located on the
same lot as a residential dwelling.
B.
Size of space. Each off-street parking space shall measure
not less than nine by eighteen (9 x 18) feet, exclusive of access drives and
aisles, and shall be of usable shape and condition. Where front overhang of
the vehicle is possible onto a paved or grass area not used for circulation,
parking or landscaping, the space may be reduced to nine by seventeen (9 x
17) feet. Ten percent of all spaces shall be nine by twenty (9 x 20) feet,
and the number of handicap spaces shall be as required by law. Except in the
case of one- and two-family dwellings, no parking areas provided hereunder
shall be established for less than three spaces.
C.
Construction. Each off-street parking space shall have
an improved support consisting of asphalt, concrete or gravel.
D.
Access.
(1)
There shall be an adequate provision for ingress and
egress to all parking spaces. Access drives or driveways, except for one-
and two-family dwellings, shall be paved and not less than 12 feet wide and
so designed as to minimize interference with traffic on abutting streets.
If customer parking is involved, access driveways shall be at least 20 feet
wide, and, in addition, a sidewalk at least four feet wide shall be provided
to permit ingress and egress to and from the building, except that if only
one-way traffic is permitted, the driveway shall be at least 12 feet wide.
In the interest of safety, the following requirements with respect to the
location and construction of driveways shall apply:
(a)
No driveway entrance or exit from a parking area shall
be located closer than 50 feet from any intersection or as required by county
or state regulations.
(b)
No driveway shall have a width in excess of 30 feet,
except in the case of multifamily residential developments where the maximum
width shall be 40 feet.
(c)
All driveways shall cross sidewalk areas at sidewalk
grade.
(2)
Access drives or driveways for one- and two-family dwellings
shall be located entirely on the lot with the principal building and shall
be not less than 10 feet wide and not more than 14 feet wide at the curbline
for single driveways or 16 feet for double driveways. No more than one driveway
entrance is permitted for any one- or two-family dwelling.
(3)
No access drive or driveway, pathway or any other means
of egress or ingress shall be located in any residential zone to provide access
to uses other than those permitted in such residential zone.
(4)
All access driveways and/or driveways to one- and two-family
homes shall be paved to the standards of the Borough Engineering Department.
[Added 5-9-2005 by Ord. No. 2005-5]
E.
Standards for areas for three or more vehicles.
(1)
Parking areas for three or more vehicles and access to
such parking shall be paved and shall be designed, planned and constructed
in accordance with generally accepted engineering and construction practices.
All such plans shall be reviewed by the Borough Engineering Department, and
recommendations shall be forwarded to the reviewing board before the board
shall act under site plan review. Parking areas shall be landscaped to minimize
nuisance characteristics to adjacent properties and for aesthetic reasons.
They shall be drained in accordance with borough specifications.
(2)
All parking area lighting shall be designed for convenience
and safety and operated so as not to reflect or shine on adjacent properties.
Parking spaces, driveways and pathways shall be clearly marked. For safety
and fire-fighting purposes, free access to adjacent parking areas shall be
provided.
[Amended 5-9-2005 by Ord. No. 2005-5]
(a)
All off-street parking areas shall be adequately and
properly lighted as follows:
(b)
Light fixtures and poles shall be in accordance with
the Borough design standards.
(c)
Light sources shall comply with the following:
[1]
All light sources shall be shielded or positioned so
as to prevent direct glare to adjacent properties or the traveling public.
[2]
Poles in pedestrian walkway areas shall not be greater
than 15 feet in height and shall utilize underground wiring.
[3]
Poles in all other areas shall not exceed 20 feet in
height and shall utilize underground wiring.
[4]
Light sources on structures shall not exceed 20 feet
or the height of the structure, whichever is the lesser.
(d)
All utility improvements, such as transformer compounds,
external heating and cooling equipment, and refuse areas, etc. shall be screened
from adjacent properties and public rights-of-way.
(3)
Parking spaces for multifamily residential developments
may be provided in one or more common parking areas which shall be located
within 150 feet of the dwelling unit served.
(4)
All parking spaces for multifamily residential developments
shall be provided off street, except that nothing herein shall be construed
to prohibit required parking spaces from being placed perpendicular to a one-
or two-way local street or at an angle to a one-way local street, provided
that both the pavement width of the street and the length of each parking
space meet the requirements set forth in this chapter.
F.
Other parking requirements. No parking areas shall be
used for any purpose other than the accessory parking of vehicles. Parking
in front yards in nonresidential districts shall be limited to a maximum of
12 parking spaces for visitors and located at least 50 feet from the street
right-of-way. Parking for joint or multiple uses, such as day and night or
weekday and weekend may be shared between the uses, provided that sufficient
spaces are provided for any period of overlap in use.
G.
Off-street loading. All nonresidential uses shall provide
for off-street loading and unloading by providing one parking space for the
first 10,000 square feet and an additional space for each additional 10,000
square feet of gross floor area. All such spaces shall be designed, planned
and constructed in accordance with generally accepted engineering and construction
practices and be reviewed by the Borough Engineering Department prior to submission
to the reviewing board under site plan review.
A.
All parking lots and detention basins shall have the
following setback requirements where abutting an R1, R2, R2A, R3 or R3A Zone:
[Amended 5-9-2005 by Ord. No. 2005-5; 6-27-2005
by Ord. No. 2005-8; 8-8-2005 by Ord.
No. 2005-13]
B.
This buffer strip shall be used for maintaining trees
and other natural growth and for planting and maintaining hedges, evergreens,
shrubs, trees or other suitable screening as may be determined by the reviewing
board.
C.
When no specific requirements are set forth, the minimum
shall not be less than any minimum provided in this section.
All requirements of this chapter, the Subdivision and Site Plan Ordinance,
and the Affordable Housing Procedures Ordinance[1] pertaining to development regulations apply to multifamily residential
developments, except as follows:
A.
No building or group of attached buildings shall contain
more than 24 dwelling units.
B.
No building shall exceed a length of 200 feet.
C.
Each dwelling unit shall have at least two exterior exposures
with at least two windows in each exposure; alternatively, each dwelling unit
shall be designed in conformance with the Uniform Construction Code such that
either windows are provided with an area equal to 8% of the floor area of
all habitable rooms or the maximum depth of the unit shall not exceed 22 feet.
D.
Within a dwelling unit, no room intended for human habitation
shall be located in a cellar, basement or attic, except that a cellar or basement
may contain a family room or recreation room.
E.
Spacing between buildings and orientation in multiple-dwelling
structures shall be as follows:
(1)
Walls containing main window exposures or main entrances
shall be oriented so as to ensure adequate light and air exposure.
(2)
Such buildings shall be arranged to avoid undue exposure
to concentrated loading or parking facilities and shall be oriented to preserve
visual and audible privacy between adjacent buildings.
(3)
A building wall containing windows shall be no closer
than 30 feet to a windowless wall.
(4)
A building wall containing windows shall be no closer
than 75 feet to another wall containing windows, if they are front wall to
front wall; 50 feet if rear wall to rear wall; and 30 feet if end or side
wall to end or side wall.
(5)
A windowless wall shall be no closer than 20 feet to
another windowless wall.
(6)
Any building wall, except for garages, shall be no closer
to a common parking area than 12 feet.
(7)
Any garage wall shall be no closer to a common parking
area than five feet.
(8)
A building group shall be so arranged so that any temporarily
or permanently inhabited or occupied building is accessible to emergency vehicles.
F.
The approving authority may reduce the distances of Subsection
E above by not more than one-third (1/3) if there is an angle of 20° or
more between buildings and if adequate landscaping or buffers are placed between
buildings.
G.
Accessory buildings shall meet the property line setbacks
of the principal buildings.
H.
Exterior television antennas shall be limited to one
master antenna per building.
I.
Laundry facilities may be provided in each building.
Outside clothes drying is permitted only in designated areas which shall be
properly screened.
J.
Storage room. In addition to any storage area contained
within the dwelling unit, a minimum of 150 cubic feet of storage space shall
be provided for each dwelling unit, which storage area shall be convenient
to and accessible from the outside of the building for purposes of storing
bicycles, baby carriages and similar outside equipment.
[Amended 5-23-2005 by Ord. No. 2005-10]
A.
Subject to the conditions hereinafter set forth, the
following additions may be permitted to extend into required yards in residential
districts:
(1)
Fireplaces.
(2)
Bay windows.
(3)
Replacement of existing front, side or back stoops.
(4)
Overhanging second floors, but not to exceed two-foot
intrusions.
(5)
Expansion of an existing structure which is nonconforming
as a result of the establishment of this chapter and which did not result
from a granting of a variance to this chapter. The proposed expansion may
not extend further into required yards than the existing structure.
(6)
A roof with unenclosed sides over an entrance platform
of a dwelling or portico may project up to five feet into the required front
yard, provided that the roof over an entrance platform shall not extend beyond
the platform and steps, nor shall the total area of the extension into the
front yard exceed 25 square feet.
(7)
Freestanding flagpoles, children's playground equipment,
sandboxes, outdoor fireplaces, patios, and yard clotheslines and posts, but
they must be set back at least five feet from any property line. Except for
freestanding flagpoles, such structures shall not be located in the front
yard.
(8)
Residential heating and cooling units.
B.
Said additions must meet the following conditions:
(2)
The maximum dimension of the proposed addition to the
building extending into the yard, as measured parallel to the setback line
of the yard in question, does not exceed 20% of the maximum dimension of the
existing building as measured parallel to said setback line.
(3)
Except as provided in § 310-23A(4) and A(6),
extension of the building or structure shall in no case exceed four feet into
the front or side yard or 10 feet into the rear yard.
(4)
Alteration of the building does not cause the violation
of any other regulation contained in this chapter.
No basement or cellar shall be used for the receiving of the public.
In addition, no basement or cellar shall be used for permanent employee use
unless there is a separate entrance and exit leading directly to that basement
or cellar from outside the building and an additional entrance and exit leading
directly up to the ground floor of such building and such basement or cellar
is in compliance with all health and safety codes.
No open or outside storage of manufacturing or other materials, scrap,
junk or waste products of any kind shall be permitted in any district, except
that refuse for collection may be stored in suitably covered containers in
rear yards and adjacent to the principal structure. Such containers, on other
than single- or two-family lots, shall be completely screened on all sides.
All physical improvements, including but not limited to off-street parking
and loading areas, marginal access roads and roadways, other circulation facilities
and water, sewerage and drainage facilities, shall be provided in accordance
with Chapter 305, Subdivision of Land and Site Plan Review, §§ 305-10
and 305-11.
A.
C-1, C-2 and OR Districts. Any commercial use, when abutting
or adjacent to a residential district, shall be screened from the residential
property by a dense visual screen consisting of evergreen hedges or shrubs
maintained in good condition and which shall be at least four feet high at
the time of planting and which shall attain a height within three growing
seasons of at least eight feet. If fencing is provided or required, it shall
be screened by the landscaping determined to be suitable by the reviewing
board.
[Amended 5-9-2005 by Ord. No. 2005-5]
B.
Residential districts. Nonresidential uses in residential
districts shall be screened from adjacent residential properties by a dense
visual screen consisting of evergreen hedges or shrubs maintained in good
condition, which shall be at least four feet high at the time of planting
and which shall attain a height within three growing seasons of at least eight
feet. If fencing is provided or required, it shall be screened by landscaping
determined to be suitable by the reviewing board.
C.
Landscaping and screening for CCD.
[Added 5-9-2005 by Ord. No. 2005-5]
(1)
All off-street parking areas shall be effectively screened
from public or private rights-of-way by a decorative fence or wall, landscaped
berm or densely planted evergreen material sufficient to reduce headlight
glare.
(2)
All parking areas shall be screened from adjacent residential
dwelling areas by a solid and continuous fence, wall, landscaped berm or evergreen
plant material not less than six feet in height.
(3)
All off-street loading and accessory trailer parking
areas shall be screened with a decorative fence and/or evergreen plant material
to screen vehicles within the areas, from public rights-of-way and any point
within a residential use or zone.
(4)
All outdoor storage shall be enclosed by a solid continuous
decorative fence, wall or evergreen plant material to screen such activity
from adjacent properties and public rights-of-way.
(5)
All utility improvements, such as transformer compounds,
external heating and cooling equipment, and refuse areas, etc. shall be screened
from adjacent properties and public rights-of-way.
(6)
A minimum of one major shade tree shall be provided per
10 parking stalls or one shade tree per 3,000 square feet of parking area,
whichever is greater.
All regulations and restrictions of this chapter, the Subdivision and
Site Plan Ordinance and the Land Use Procedures Ordinance of the Borough of
New Providence[1] shall apply equally to condominium or cooperative structures or
uses without regard to the form of ownership.
All regulations and restrictions of this chapter the Subdivision and
Site Plan Ordinance and the Land Use Procedures Ordinance of the Borough of
New Providence[1] shall apply equally to manufactured homes, provided that they
are located on permanent foundations on land the title to which is held by
the manufactured home's owner.
A.
Conversions. The following regulations govern the conversion
from one permitted use to another permitted use:
(1)
R1, R2 and R2A Districts: none is permitted.
[Amended 6-27-2005 by Ord. No. 2005-8]
(2)
A1, A2, A3, R3, R3A and R4 Districts. Conversions are
permitted, provided that:
[Amended 8-8-2005 by Ord. No. 2005-13]
(a)
There shall be not more than the maximum number of dwelling
units that are permitted in the respective districts.
(b)
Off-street parking shall be provided in an amount required
by this chapter.
(c)
There shall be at least one bathroom and one kitchen
to each dwelling unit.
(d)
Dwelling units shall have a minimum living area as required
by this chapter.
(e)
A new certificate of occupancy shall be required.
(3)
OR District. Conversion from residential to office uses
is permitted, provided that:
B.
Model homes and sales offices. Model homes and sales
offices within a subdivision, and only during the period necessary for the
sale of new homes within such subdivision, shall not be considered a business
use.
C.
Marquees and canopies. No permanent marquees or canopies
extending over a sidewalk or public right-of-way shall be erected, except
in connection with entrances to public buildings. Special permission for a
temporary canopy, extending over a sidewalk or public right-of-way, to be
in use for 24 hours only, may be granted by the Construction Official.
A.
Commercial vehicles. Vehicles not permitted in any residential
zone are those with a commercial or livery plate and/or a gross weight of
7,000 or more pounds, used for commercial purposes and not housed in a garage
on a permanent basis.
B.
Recreational vehicles, use. No recreational vehicle shall
be used as a place of residence.
C.
Recreational vehicles, storage. Recreational vehicles
and boats on trailers shall be provided with a parking area, in addition to
parking spaces as required in Schedule IV,[1] which shall not be located in the front yard and which shall be
adequately screened from adjacent properties, the adequacy of which shall
be determined through site plan review.
[1]
Editor's Note: Schedule IV is located at the end of this chapter.
A.
Fences shall be considered as accessory uses to a principal
permitted use and are permitted in all zones.
B.
In any required front yard, no fence or wall shall be
permitted which materially impedes vision across such yard above the height
of 30 inches.
C.
Fences located in side or rear yards shall not exceed
six feet in height, except when used to screen recreational vehicles, in which
case the fence shall not exceed the height of the recreational vehicle.
D.
All fences shall be located such that both sides of the
fence may be maintained from the property on which it is located.
[Added 7-8-1991 by Ord. No. 91-11;
amended 5-26-1992 by Ord. No. 92-8]
E.
Fences shall be constructed in such a manner that the
dressed side of such fence, where applicable, shall face the adjacent property
or the public right-of-way excluding railroad property, and all supports for
said fence shall be on the interior of said fence and property. This provision
shall not preclude the construction and maintenance of a shadowbox type fence,
provided that the dressed side of the fence material shall face the adjacent
property or public right-of-way and shall be of the same texture, material
and color.
[Added 5-26-1992 by Ord. No. 92-8]
A.
General regulations. The following regulations shall
apply to all permitted signs:
(1)
Signs, other than an approved traffic sign, shall not
be erected within the right-of-way of any street, except as may otherwise
be provided in this chapter.
(2)
Temporary signs for celebration of a national holiday,
church festival, fraternal function, welcoming visitors or other special events
shall be approved and permitted by official action of the Borough Council
and shall be limited to display not in excess of two weeks.
(3)
Signs must be constructed of durable materials maintained
in good condition and not be allowed to become dilapidated.
(4)
The content or advertising which may be displayed on
signs shall be limited to the following:
(5)
All signs, together with all supports, braces, anchors,
etc., shall be kept in continual repair, including the replacement of defective
parts, repainting and cleaning and otherwise maintained in a presentable condition.
(6)
Signs or sign structures served by overhead electrical
service shall use lighting reflectors that project no more than three feet
beyond the face of the sign.
(7)
Signs in residential districts shall be at least 25 feet
from any lot line. Ground signs in nonresidential districts shall be at least
10 feet from any lot line.
(8)
Real estate development signs may be erected not to exceed
25 square feet in area. Any such sign shall be removed by the developer promptly
and no later than 10 days after the final sale or rental of the property.
(9)
Any signs permitted under this section located within
a building but visible from the exterior shall be forthwith removed when the
owner of building or business tenant vacates said building or abandons the
same.
(10)
Display and other signs that are illuminated by electricity
shall conform with respect to wiring and appliances with the requirements
of the National Electrical Code.
B.
Signs in residential districts. The following types of
nonadvertising signs and nonflashing signs are permitted in all residential
districts as follows:
(1)
Nameplates and identification signs.
(a)
Signs indicating the name or address of the occupant
of a dwelling, provided that they shall not be larger than seven inches by
18 inches in area, shall be permitted. A permitted home occupation may be
included with the name of the occupant. Only one such sign per dwelling unit
shall be permitted.
(b)
For multiple-dwelling structures, a single identification
sign not exceeding six square feet in area shall be permitted.
(2)
Sales or rental signs. Signs designed for advertising
the sale or rental of the premises upon which they are located may be permitted,
provided that:
(3)
Institutional signs. Signs of schools and churches may
be erected and maintained, provided that:
(a)
The size of any such sign is not in excess of 25 square
feet.
(b)
Not more than one such sign is placed on the premises.
(c)
Signs erected for use under this section may be illuminated
with a constant source of light, provided that the light is shielded to prevent
glare and annoyance to adjacent residential uses.
(4)
Signs accessory to parking areas. Signs designating entrance
or exits to or from a parking area shall not exceed two square feet each.
(5)
Private driveways. Signs indicating the private nature
of a driveway or trespassing signs, provided that the size of any such sign
shall not exceed two square feet.
C.
Signs in nonresidential districts. Business signs are
permitted in nonresidential districts in accordance with the following regulations:
(1)
Location of signs.
(a)
A business sign will be permitted only when used to advertise
a business or industry conducted within a building on the premises where said
sign is located or to which it is affixed and when construction and installation
conform to the State of New Jersey Uniform Building Code as amended and supplemented.
(b)
Wall signs shall be installed parallel to and not extending
more than one foot from the walls of the building.
(2)
Size of signs. No single sign in any nonresidential district
shall exceed 25 square feet.
(3)
Number of signs. No more than one sign per business shall
be permitted, except that when a store, business or profession shall have
public entrances or exists on two or more sides of the building, one sign
shall be allowed on each side.
(4)
(5)
Nonbusiness signs. Nonbusiness signs shall be governed
by the controls for signs in residential districts.
D.
Prohibited signs. The following types of signs are prohibited
in all districts:
(1)
Flashing, rotating or animated signs.
(2)
Illuminated signs wherein the focused rays of the light
can shine directly into the eyes of motor vehicle drivers or passersby.
(3)
Red or green illuminated signs within 150 feet of any
intersection.
(4)
Signs maintained at any location which, by reason of
color, illumination, position, size or shape, as determined by findings of
the Chief of Police, may obstruct, impair, obscure or be confused with any
traffic control sign, signal or device or where it may interfere with, mislead
or confuse vehicular traffic.
(5)
Billboards, roof signs and advertising signs.
(6)
Signs that are placed on any sidewalks, street or highway
right-of-way, curb, curbstone, hydrant, lamppost, tree, telephone, telegraph
or electric light pole, other utility pole or fence or railroad right-of-way
or upon any fixtures of the fire alarm, police or telephone system of the
Borough or upon any public building.
(7)
Signs which are supported in whole or in part from any
public utility installation or from any tree on public or private property.
(8)
Signs on vacant or unimproved land, unless the sign exclusively
specifies the sale, lease, transfer, hire or approved conditional use of the
vacant property as permitted.
(9)
Pole and/or freestanding signs in excess of 13 feet in
overall height.
(10)
Portable, sandwich or A-frame signs.
(11)
Signs attached to or placed on a vehicle, including trailers,
which is parked outside on a public or private property. This provision is
not to be construed as prohibiting the identification of a firm or its principle
products on a vehicle during normal hours of business; provided, however,
that no such vehicle shall be parked on public or private property with signs
attached or placed on the vehicle for the purpose of advertising a business
or firm or calling attention to the location of a business or firm.
(12)
Signs which obstruct any window, door or other opening
used as a means of regular ingress and egress or for required light and ventilation
or fire escapes and other openings for emergency access and escape.
(13)
Any sign not specifically permitted in this chapter.
E.
Permit requirement.
(1)
Signs in residential districts. A permit shall be required
for the erection, alteration or reconstruction of all identification signs
for multiple dwellings, all sale and rental signs and all institutional signs.
Said permit shall be obtained from and the appropriate fee paid to the Construction
Official.
(2)
Signs in nonresidential districts.
(a)
No permit shall be required for a business sign which
is not more than four square feet in area announcing, without display or elaboration,
only the name of the proprietor and the nature of his business.
(b)
A permit shall be required for the erection, alteration
or reconstruction of all other business signs. Said permit shall be obtained
from and the appropriate fee paid to the Construction Official.
F.
Standards for relief from strict application. No sign
shall be placed in any district where the same is prohibited by this chapter
unless the applicant for such sign applied for and is granted a variance to
allow such sign by the Board of Adjustment or the Planning Board, in accordance
with the requirements of the Land Use Procedures Ordinance of the Borough
of New Providence.[1]
A.
There is prohibited everywhere in the Borough all uses
characterized by one or more nuisance factors, such as uses which:
(1)
Disseminate smoke, fumes, gas, dust, fly ash, odor or
any atmospheric pollutant beyond the boundaries of the lot occupied by such
use.
(2)
Discharge any waste material whatsoever into any watercourse
except in accordance with existing state and local requirements.
(3)
Disseminate glare or vibration beyond the immediate site
on which such use is conducted.
(4)
Create a physical hazard by reason of fire, explosion,
radiation or similar cause to property in the same or adjacent districts.
(5)
Create noise which is in violation of the state law.
(6)
Require open storage unless screened from public view
or in an enclosure or building.
B.
A partial list of such prohibited uses is as follows:
(1)
Acetylene gas manufacture for commercial purposes.
(2)
Acid or chemical manufacture, except drugs and pharmaceuticals
and the intermediates therefor.
(3)
Ammonia, chloride or bleaching powder manufacture.
(4)
Asphalt manufacture or refining.
(5)
Automobile graveyards.
(6)
Billiard or pool room establishments.
(7)
Blast furnaces for steelmaking.
(8)
Boiler shops, structural steel fabricating shops, steel
car shops, locomotive shops and railway repair shops and metalworking shops
operating hammers or chisels.
(9)
Brick, concrete products, terra-cotta or tile manufacture.
(10)
Carbon, lampblack, stove blacking, graphite or stove
polish manufacture.
(11)
Celluloid or other cellulose products manufacture.
(12)
Cement or cement block manufacture.
(13)
Coal-tar products manufacture.
(14)
Coke ovens.
(15)
Crematories.
(16)
Creosote treatment or manufacture.
(17)
Disinfectant, insecticide or poison manufacture.
(18)
Distillation of coal, wood or bones.
(19)
Distribution or warehousing where off-site transportation
is not confined to the normal business day except for occasional or emergency
situations.
(20)
Dry cleaning, except dry cleaning with a nonflammable
cleaning liquid approved by the Board of Fire Underwriters.
(21)
Industrial dyeing.
(22)
Fat rendering.
(23)
Fertilizer manufacture or potash refining.
(24)
Fish smoking or curing.
(25)
Forge shops.
(26)
Gas storage, including liquid gases under pressure, in
bulk, for resale.
(27)
Glue, size or gelatin manufacturing or processes involving
recovery from fish or animal offal.
(28)
Incineration, reduction or dumping of offal, refuse or
garbage, except where operated by the Borough.
(29)
Junkyards.
(30)
Mausoleums, vaults or crypts.
(31)
Mobile home parks.
(32)
Oil, gasoline and diesel product storage in bulk above
ground, including kerosene, except that nothing herein contained shall prevent
the storage of lubricating and vegetable oils and greases in metal tanks,
drums and other suitable containers of not more than 55 gallons' individual
capacity and only in nonresidential districts.
(33)
Oil, gasoline and diesel product storage in bulk below
ground, including kerosene in any location except on the premise of an automobile
service station.
(34)
Open-air commercial amusement, except by special permit
of the governing body.
(35)
Paint, oil, varnish, turpentine, shellac or enamel manufacture.
(36)
Parking decks.
(37)
Penal institutions.
(38)
Perfume and extract manufacture.
(39)
Petroleum refining and the manufacture of petrochemical
products.
(40)
Printing ink manufacture.
(41)
Public dance halls.
(42)
Raw or green salted hides or skins, their storage, coloring,
curing, dressing or tanning.
(43)
Rubber, caoutchouc or gutta-percha manufacture from crude
or scrap material.
(44)
Sandpaper and emery cloth manufacture.
(45)
Sewage disposal plants, except where operated by the
Borough.
(46)
Slaughterhouses.
(47)
Soap, soda or washing compound manufacture.
(48)
Starch, glucose or dextrin manufacture.
(49)
Stockyards.
(50)
Stone crushing.
(51)
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
(52)
Tallow, grease, lard or candle manufacture or refining.
(53)
Tar distillation or the manufacture of dyes.
(54)
Tobacco processing.
(55)
Trailers occupied for living or dwelling purposes.
(56)
Vinegar, pickle, sauerkraut or sausage manufacture in
bulk.
(57)
Wool pulling or scouring.
(58)
Yeast manufacture.
(59)
Uses involving the shipping of cargo or products of such
weight that vibration causes annoyance to neighboring property.
A.
Nonresidential developer. The developer of any nonresidential
development in the Borough shall participate in the provision of affordable
housing. The developer shall, no later than the time of the issuance of a
construction permit, convey to the Borough an amount equal to $1 per square
foot of gross floor area for all new construction. The funds paid to the Borough
shall be placed into the Housing Fund.
B.
Residential developer. The developer of any residential
development consisting of more than two dwelling units in the Borough shall
participate in the provision of affordable housing. The developer shall, no
later than the time of the issuance of a construction permit for a dwelling
unit, convey to the Borough an amount equal to $2,000 per dwelling unit constructed,
except that this requirement shall not apply to developments in the A1, A2
or A3 Zones. Any residential development not located in the A1, A2 or A3 Zones,
which involves a property containing 1/2 acre or more and a density of five
dwellings per acre or more shall be required to set aside 20% of the dwelling
units constructed for lower-income occupancy, shall be subject to the regulations
of this chapter, the Affordable Housing Ordinance, and the Subdivision and
Site Plan Ordinance,[1] and shall be exempted from the contribution to the Housing Fund
of $2,000 per dwelling unit, except that, at the option of the developer,
a cash contribution to the Housing Fund may be made in lieu of the set-aside
requirements at the rate of $20,000 per affordable dwelling unit required.
The funds paid to the Borough shall be placed into the Housing Fund.
[Amended 5-9-2005 by Ord. No. 2005-5]
The sale of goods and commodities outside the confines of a building
in the CCD, C-1 and C-2 Districts may be permitted by the Borough Council
in connection with a district-wide promotion by the Chamber of Commerce or
other recognized merchants association, conditioned upon application to the
Borough Council, 15 days prior to the scheduled event, by the sponsoring organization
and further conditioned upon the limitation that such goods and commodities
will be offered only in an area contiguous to the building in which the merchant
offering said items for sale does business and provided that the same shall
not be conducted for more than three continuous business days, exclusive of
Sunday.
[Added 12-19-2005 by Ord. No. 2005-20]
According to the Soil Conservation Service, United States Department
of Agriculture, soils with a slope of 15% or greater invariably involve severe
limitations to development, including but not limited to building and road
construction and septic effluent disposal. Moreover, it is found that the
removal of vegetation and disturbance of soils in steep slopes by excavation
and fill will increase runoff and result in soil erosion and siltation with
the resultant pollution of streams as well as the potential danger of flooding
and water drainage, thereby having the potential of endangering public and
private property and life, and that this condition is aggravated by soil disturbance,
construction and development of these slopes which create an additional hazard
to the lives and property of those dwelling on the slopes and below them.
Accordingly, it has been determined that a major objective of the Borough's
zoning regulations should be the protection of areas of steep slopes. To this
end, the following requirements and limitations are established:
A.
Limits on disturbance.
(1)
Slopes of 25% or greater shall remain undisturbed, except
that any applicant shall be permitted to disturb slopes of greater than 25%
in accordance with the following:
(a)
Each application is permitted to have a disturbance of
slopes greater than 25%, not to exceed 1% of the slope area in excess of 25%
or 10,000 square feet, whichever is less; except that
(2)
Not more that 20% of slopes ranging from 20% to 25% shall
be disturbed, and the area of disturbance of such slope area shall not exceed
5% of the total lot area.
(3)
Not more than 30% of slopes ranging from 15% to 20% shall
be disturbed, and the area of disturbance of such slope area shall not exceed
10% of the total lot area.
