Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
A. 
The territory of the Township of Bloomfield is hereby divided into 17 zones and two overlay districts as follows:
(1) 
R-1A Zone — Residential, single-family, fifty-foot frontage.
(2) 
R-1B Zone — Residential, single-family, forty-foot frontage.
(3) 
R-2A Zone — Residential, two-family, fifty-foot frontage.
(4) 
R-2B Zone — Residential, two-family, forty-foot frontage.
(5) 
R-G Zone — Garden apartment.
(6) 
R-T Zone — Residential townhouse.
(7) 
R-H Zone — Residential, high-rise apartment.
(8) 
B-2 Zone — Neighborhood business.
(9) 
CBD — Central Business District.
(10) 
CC — Community Commercial.
(11) 
CORD — Commuter-Oriented Residential District.
(12) 
PO/R — Professional Office/Residential.
(13) 
RO Zone — Regional Office.
(14) 
CD — College District Overlay.
(15) 
M-1 Zone — General industrial.
(16) 
PI Zone — Private institutional.
(17) 
PR Zone — Public and recreational.
(18) 
BSRD — Bloomfield Station Redevelopment District.
(19) 
H-D — Bloomfield Green Historic District Overlay.
B. 
Zoning Map. The location and boundaries of the above districts are hereby established on the Zoning Map of the Township of Bloomfield, Essex County, adopted October 6, 2014, and as amended from time to time, which is filed in the office of the Township Clerk. Said Map or maps and all notations, references and designations shown thereon shall be a part of this article as if the same were all fully described and set forth therein.
[Amended 10-6-2014 by Ord. No. 14-43]
C. 
Interpretation of zone boundaries. Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the following rules shall apply:
(1) 
The zone boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad right-of-way, waterways, sewer and utility easements or as otherwise indicated on the Zoning Map. Where a zone boundary line does not coincide with any such line as above set forth, its location in relation to another boundary line shall be as designated on said Zoning Map by means of figures or dimensions expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall be with the Board of Adjustment.
(2) 
In the event that a zone boundary line divides one or more lots, then the most restrictive provisions of either zone shall prevail for the entire property.
D. 
Schedule of area, yard and building requirements. The Schedule of Area, Yard and Building Requirements is contained in Schedule A at the end of this chapter and is hereby made part of this chapter.
E. 
Permitted uses. This zoning article shall be viewed as permissive. After the adoption of this chapter, the establishment of any use not expressly permitted by this chapter shall be prohibited unless approved by the Zoning Board of Adjustment. Except as specifically permitted elsewhere in this article, only one principal use shall be permitted on any lot.
F. 
Conditional uses. Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall be granted by the Planning Board in conjunction with any required site plan review.
G. 
Nonconforming structures and uses.
(1) 
Any nonconforming structure or use existing at the time of passage of this chapter, or which is made nonconforming by adoption of this chapter or any amendment thereto, may be continued upon the lot or in the structure so occupied and any such structure or use may be restored or repaired in the event of partial destruction thereof.
(2) 
Any nonconforming use shall not be expanded, increased or enlarged. Any nonconforming use shall not be changed to any use other than a permitted use.
(3) 
Any nonconforming structure may be expanded or enlarged, provided the nonconformity is not exacerbated.
(4) 
A nonconforming use shall be deemed abandoned if there is intent to no longer operate the use. A nonconforming use that is abandoned shall not be reinstated.
(5) 
Partial destruction of a nonconforming structure or a structure in which a nonconforming use operates shall be deemed to mean the need to rebuild less than 50% of the original floor area.
(6) 
Nothing herein shall be interpreted to authorize the continuance of a use or a structure which was in violation of the Township zoning regulations at the time of adoption of this chapter, unless this chapter, or any amendment thereto, brings such use or structure into conformity.
H. 
Approval of use variances. In Puleio v. North Brunswick Township Board of Adjustment, 375 N.J. Super. 613, 621 (App. Div.), certif. denied, 184 N.J. 212 (2005), the court held: "If the application is for a use not permitted in the zone, the bulk regulations for that zone cannot be applicable to the intended use." Accordingly, it is the intent of this chapter that, when reviewing a use variance, the Zoning Board of Adjustment should use the more restrictive regulations of either the zone in which the use is proposed or a zone where the use is permitted as a guide in its analysis of whether the application advances the purposes of this chapter as set forth in § 315-2.
A. 
General.
(1) 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located and in conformance with Schedule A, Bulk and Setback Regulations.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(2) 
No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in the district in which such building or structure is located.
(3) 
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
(4) 
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this article, and if already less than the minimum required by this chapter, said area or dimension shall not be further reduced.
(5) 
The provisions and restrictions contained in this article shall not apply to or be binding upon the Township of Bloomfield.
B. 
Yard regulations.
(1) 
Required yards.
(a) 
Every lot shall include front, side and rear yards having not less than the minimum areas and dimensions required within the particular zone in which said lot is located. Required yards are set forth in Schedule A.
(b) 
No lot and no yard or other open space on an improved lot shall be used to satisfy yard or other open space requirements for any other lot. No lot in a residential zone shall be used to fulfill parking requirements for uses in nonresidential zones.
(c) 
All required yards shall be unoccupied and unobstructed, except for natural vegetation, for permitted accessory structures and as otherwise permitted herein.
(2) 
Front yards on corner lots. Every yard on a corner lot that abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage. For purposes of determining the rear yard setback, the lot line opposite the narrower of the two street frontages shall be the rear lot line. On lots of equal dimension, the front lot line shall be the line upon which the primary entrance of the principal building faces or will face when constructed.
(3) 
Front yards on through lots. In the case of a lot running through from one street to another, the frontage of such a lot, for the purpose of this article, shall be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the front lot line shall be the line upon which the primary entrance of the principal building faces or will face when constructed.
(4) 
Front yards in the R-1A, R-1B, R-2A, R-2B Zones. In the R-1A, R-1B, R-2A, R-2B Zones, the front yard requirement shall be as set forth in Schedule A, except if the subject property fronts on a street with an established setback. A setback shall be deemed "established" if the front yard setbacks on the four lots nearest the subject property on the same side of the street are either all greater than or all less than the permitted front yard setback in the zone. If an established setback is present, the front yard setback of the subject property shall be the average front yard setback of the nearest four lots.
(5) 
Lots in one zone that abut lots in a different zone. Structures on any lot in a particular zone that shares a common lot line with a lot in a different zone shall conform to the more restrictive setback requirements of the two zones along the common lot line.
(6) 
Projections and encroachments. Required yards shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this article, nor shall use be made of such yard, except as follows:
(a) 
Steps, landings and open porches extending not more than 72 inches from the front building line and not more than 36 inches from a side building line, not exceeding more than 20 square feet in size and which are not more than 48 inches above average grade.
(b) 
Window wells affording light and air to basement and cellar areas.
(c) 
Cornices and eaves may project not more than two feet into any required yard.
(d) 
Chimneys may project not more than two feet into any required yard.
(e) 
Driveways providing access to permitted garages or parking areas and walkways; provided, however, that in residential zones, driveways used to provide access to private garages shall not be wider than 22 feet. Except for driveways and walkways as permitted herein, front yards shall remain pervious.
(f) 
Sills, leaders and similar ornamental or structural features may project not more than six inches into any required yard.
(g) 
Fences and retaining walls, as specifically permitted in this chapter.
(h) 
Flagpoles, decorative lighting, private freestanding mailboxes, children's playground equipment, outdoor fireplaces and yard clotheslines and posts, which must be set back at least five feet from any property line. Except for flagpoles, lighting and mailboxes, all such structures shall not be located in the front or side yard.
(i) 
Freestanding residential heating and cooling units, if located in the side yard and only if buffered from adjacent neighbors with evergreen plantings, enclosures or equally effective measures to help mitigate visual appearance, noise and vibration. A minimum setback of three feet shall be maintained for freestanding residential heating and cooling units located in side yards. Such structures shall not be located in the front yard.
(j) 
Utilities and underground drainage structures serving only the lot on which they are located.
C. 
Lot frontage. Every principal building shall be built upon a lot with the minimum required frontage upon an approved street which shall be improved in accordance with the street standards established by the Township of Bloomfield or the Residential Site Improvement Standards (RSIS), as applicable.
D. 
Principal buildings.
(1) 
Except as otherwise specifically permitted in this article, only one principal building may be erected on any lot in any zone.
(2) 
No new building shall be constructed on or any existing building altered or moved onto any lot for use as a dwelling when there exists on said lot a building that is being used for dwelling purposes.
E. 
Height exceptions.
(1) 
Church spires, belfries, domes or antennas, excluding wireless communications antennas, attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are not subject to height limitations, except that such features shall not exceed 15% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve.
(2) 
Water towers and radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission (FCC) rules that govern the height of licensed amateur operator radio antennas. The height of the tower or antennas shall conform with U.S. Federal Communications Commission regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. All freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.
F. 
Minimum floor area.
(1) 
For single-family homes, the minimum floor area shall be 1,000 square feet.
(2) 
For two-family dwellings, the minimum floor area shall be an average of 800 square feet per unit.
(3) 
Any residential buildings housing more than two-family units shall be regulated by the minimum floor area requirements relating to apartment houses.
(4) 
Minimum floor area for apartments shall be as follows:
Minimum Floor Area
(square feet)
Number of Bedrooms
Garden Apartments
(up to 2 stories)
Other Apartments
(over 2 stories)
0 (efficiency or studio apartment)
550
500
1
750
650
2 or more
900
800
A. 
General requirements.
(1) 
No accessory building or structure shall be constructed on any lot on which there is not a principal building.
(2) 
Any accessory structure attached to the principal building shall be considered part of the principal building, except for calculating building coverage.
(3) 
On through lots, no accessory structure erected in the rear yard shall be nearer to the rear street line than the minimum front yard setback for the zone in which such lot is located.
(4) 
No more than two accessory buildings shall be permitted on any one residential lot.
B. 
The following requirements shall be complied with in all residential zones:
(1) 
No accessory building shall be used for human habitation.
(2) 
Except for garages, no accessory building shall exceed 80 square feet.
(3) 
Except for garages, which shall not exceed a height of 15 feet, or as specifically permitted elsewhere in this article, no accessory building shall exceed eight feet in height.
(4) 
Except as permitted in § 315-35B, no accessory building or structure shall be permitted in any front yard.
(5) 
Accessory buildings shall be located in the rear yard only, in accordance with Schedule A.[1] Except as permitted in § 315-35B, accessory structures other than accessory buildings shall comply with the setback requirements for principal buildings set forth in Schedule A. However, no accessory buildings or structures shall be located closer than 10 feet to a rear lot line that serves as a front or side lot line of an adjoining property.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(6) 
A structure serving as a retention or detention basin for more than one lot may be located on its own lot, which need not conform to the lot area requirements of the zone. Such basins shall maintain fifteen-foot setbacks from all lot lines and shall be maintained by the owners whose property it serves.
C. 
The following requirements shall be complied with in all nonresidential zones:
(1) 
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet or one story in height; and
(2) 
Except as permitted in § 315-35B, no accessory building or structure shall be permitted in any front yard.
D. 
Requirements for specific accessory structures and uses.
(1) 
Amusement machines.
(a) 
Such machines shall be permitted in the CBD, B-2 and M1 Zones as accessory uses to establishments where the primary use is a recreational/entertainment use, such as bowling alleys, theaters, the YMCA or similar establishments and establishments licensed to sell alcoholic beverages for on-site consumption only in accordance with the following limitations:
[1] 
Not more than three such machines as accessory uses shall be permitted in any single establishment.
[2] 
The maximum area devoted to such machines (60 square feet by number of licensed machines) shall not constitute more than 30% of the gross floor area of establishment.
(b) 
Premises wherein the operation of such machines is permitted under this article are also subject to licensing and regulation provisions of Chapter 128 of the Code of Township of Bloomfield.
(2) 
Satellite earth stations. A satellite earth station, also known as a satellite dish antenna, is herein defined as a device incorporating a reflective surface that is solid, open mesh or bar configured and in the shape of a shallow dish, cone, horn or cornucopia, for use to receive and/or transmit radio or electromagnetic waves between terrestrially and/or orbitally based uses. No satellite dish antenna larger than one meter in diameter shall be installed in any residential zone except that one satellite dish antenna may be permitted as an accessory use to a one- or two-family dwelling or multifamily apartment building pursuant to FCC regulations, subject to the following standards:
(a) 
A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of the Bloomfield Zoning Ordinance, as amended.
(b) 
A freestanding satellite dish shall be located as close to the center of the rear yard and rear facade of a principal building as possible without causing significant interference with reception. A waiver may be sought from the board of jurisdiction for a location within the required yard area of a principal building, but in no case shall it be permitted nearer to a property line than is allowed for accessory buildings in the zoning district. For aesthetic and safety purposes, the rear yard shall be enclosed with a fence that is opaque to a height of at least four feet and that otherwise conforms to the fence requirements of the Township of Bloomfield. The perimeter of the base of the supporting structure shall be landscaped with appropriate plant materials to a height of three feet or the lowest part of a dish antenna, whichever is higher.
(c) 
A freestanding satellite dish antenna shall not exceed 10 feet in height measured from the base to the top of the antenna in an upright position.
(d) 
Satellite dish antennas and supporting structures shall be maintained in good physical condition and comply with all applicable building and safety codes.
(3) 
Outdoor storage. Outdoor storage shall be an accessory use, except in the M-1 Zone, where outdoor storage is a permitted use. All outdoor storage shall comply with the following standards:
(a) 
Outdoor storage of any kind is prohibited within the front yard.
(b) 
The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones. This prohibition shall include, without limitation, inoperable or unregistered motor vehicles.
(c) 
No outdoor vertical stacking of vehicles shall be permitted.
(d) 
Outdoor storage of garbage trucks in any zone is specifically prohibited.
(e) 
No flammable or explosive liquids, solids or gases and no toxic waste shall be stored outdoors unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with operational and compliant heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(f) 
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. This provision shall not apply to outdoor storage of motor vehicles on the premises of a dealer.
(g) 
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.
(h) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.
(4) 
Decks, patios and terraces. All decks, patios and terraces shall be located in the rear yard only and must meet the required yard setbacks for principal buildings.
(5) 
Swimming pools.
(a) 
No pool shall be closer than: five feet to any accessory structure or side or rear lot line or 10 feet to any structure or to a rear lot line that serves as a front lot line on any adjacent lot or 10 feet to the principal building on the lot.
(b) 
No swimming pool shall be constructed within the front or side yard area, which shall include both required front yard areas on any corner lot.
(c) 
No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
(d) 
The fence requirement set forth in Chapter 508 of the Bloomfield Township Code shall be complied with.
(e) 
Accessory buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of § 315-36.
(6) 
Commercial trailers, tractors, mechanized equipment and dumpsters in residential zones. Except as permitted in this section, commercial and industrial trailers, tractors, construction machinery and equipment, commercial trucks and vehicles greater than 5,000 pounds, or any open trailer or dumpster shall not be kept, placed or stored in any residence zone except in the following instances:
(a) 
Equipment and machinery used in connection with the construction, alteration, removal or demolition of any buildings or structure or the excavation of any land may be permitted to stand upon the premises where such work is being undertaken while the same is in progress.
(7) 
Mobile dwelling, trailer and recreational equipment. No mobile dwelling, trailer or any recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Township of Bloomfield, except as hereinafter provided.
(a) 
No mobile dwelling, trailer or recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.
(b) 
No mobile dwelling, trailer or recreational equipment shall be stored or parked at any time when said premises are vacant, except for vacation absences.
(c) 
All mobile dwellings, trailers or recreational equipment shall be stored or parked to the rear of the rear building line of the principal building and shall comply with accessory building setbacks.
(d) 
All mobile dwellings, trailers or recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.
(e) 
All mobile dwellings, trailers or recreational equipment shall be maintained in mobile condition.
(f) 
No mobile dwelling, trailer or recreational equipment shall be used for sleeping or dwelling purposes while on said premises and shall not be commercially stored or offered or displayed for sale. Such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.
(g) 
No mobile dwelling, trailer or recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.
(8) 
Family day-care homes. Family day-care homes are permitted as accessory uses in all residential zones and the PO/R Zone.
(9) 
Automated teller machine (ATM). Outdoor ATMs are permitted in association with on-site financial institutions, in accordance with the bulk and design standards of this chapter. Measures to enhance personal security at the ATM stations shall be provided. Other commercial uses shall be permitted to contain indoor ATMs that may operate during normal business hours and will be subject to the sign ordinance requirements of this chapter, where applicable.
(10) 
Certain nonresidential accessory uses.
(a) 
Vending machines. In the CBD, B-2, M-1 and CC Zone Districts, a nonresidential property is permitted to have two outdoor vending machines in accordance with the following:
[1] 
The machine(s) shall not interfere with sight triangles, required setbacks, on-site circulation, landscaping and parking;
[2] 
The machine(s) shall be placed against a side wall of a building; and
[3] 
The machine(s) shall be accessory to an existing nonresidential use.
(b) 
Used clothing bins. A nonresidential property is permitted to have up to two used-clothing bins in accordance with the following:
[1] 
The bin(s) shall be appropriately located so as not to interfere with sight triangles and on-site circulation, required setbacks, landscaping and parking.
[2] 
The bin(s) shall be accessory to an existing nonresidential use.
(c) 
Phone booths, commercial mail and courier boxes and newspaper distribution boxes. These items may not be located on private property in residential zones or in required sight triangles and should be located so as to not interfere with pedestrian or vehicular circulation and safety. These uses are recommended to be aesthetically pleasing as possible, and to incorporate a design theme where appropriate.
(11) 
Massage, bodywork and somatic therapy. Although massage parlors are prohibited in all districts, massage, bodywork and somatic therapy shall be a permitted accessory use in the B-2, CC and CBD Zones, provided the following conditions are met:
(a) 
The use is accessory to one of the following principal uses: beauty or barber shop, salon, spa, health club or municipal recreation facility.
(b) 
All persons employed or to be employed by the establishment for the purpose of conducting massage, bodywork or somatic therapy shall be certified by the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq., as may be amended from time to time, and such certification shall remain current.
(c) 
The name, permanent address and local address of both the owner of the business and those employed as therapists shall be on file with the Township's Department of Health and the Administrative Officer.
(d) 
A zoning permit specifically related to the accessory use shall be obtained prior to the start of any such accessory use. Prior to the issuance of a zoning permit for the accessory use, the Township Board of Health shall inspect the facility for compliance with the Massage, Bodywork and Somatic Therapist Certification Act and the regulations promulgated pursuant thereto. The Board of Health shall issue a report to the administrative officer setting forth its findings. No zoning permit shall be issued unless the Board of Health determines that the establishment fully complies with all requirements of the Massage, Bodywork and Somatic Therapist Certification Act and its implementing regulations and this section.
(e) 
Copies of all certifications issued pursuant to the Massage, Bodywork and Somatic Therapist Certification Act shall be on filed with the administrative officer and the Department of Health.
(f) 
Each zoning permit issued pursuant to this section shall expire on March 1 of the year following its issue and each year thereafter and must be renewed annually on or before that date. Prior to the issuance of any renewal, the Board of Health shall conduct the inspection and issue the report set forth in Subsection D(11)(d) hereof.
(g) 
Any violation of the Massage, Bodywork and Somatic Therapist Certification Act or its implementing regulations shall result in any automatic rescission of the zoning permit.
(h) 
The floor area devoted to massage, bodywork and somatic therapy shall not occupy more than 25% of the total floor area occupied by the establishment.
(i) 
There shall be no more than two rooms designated for massage, bodywork and somatic therapy for every 1,000 square feet of space occupied by the establishment. There shall be no exterior entrance to those rooms, which shall be accessible only through interior hallways. No such rooms shall have doors.
(j) 
Rooms for therapy shall be a minimum of 100 square feet.
(k) 
Therapy shall be offered only during the business hours of the principal use.
(l) 
Any signage advertising the accessory use shall be limited to two square feet and shall either be incorporated into a sign advertising the principal use or count toward the total number of signs permitted for the establishment.
(12) 
Sidewalk cafes and outdoor dining. Sidewalk cafes and outdoor dining shall be a permitted accessory use for any restaurant in the B-2, CBD, CC or CORD Districts, provided the following conditions are met:
(a) 
A sidewalk cafe shall utilize no more than six feet or 1/2 of the sidewalk located directly in front of the restaurant space, whichever is less. In no case shall less than four feet of sidewalk be available for pedestrian traffic.
(b) 
Outdoor dining, exclusive of sidewalk cafes, may be located in a side or rear yard, provided that it is screened from pedestrians and adjacent lots by a six-foot solid fence.
(c) 
Outdoor dining, but not sidewalk cafes, must comply with parking requirements inclusive of the additional seats located outdoors.
(d) 
Any enclosure or awning covering a sidewalk cafe or outdoor dining area and the tables, chairs or other space dividers utilized by the restaurant shall be removed during seasons when not in use. No such enclosed area shall be heated.
(e) 
Minor site plan review is required for the creation of a sidewalk cafe or outdoor dining area.
(f) 
The restaurant must conform to all building codes and Department of Health standards established by statutes, regulations and ordinances.
A. 
Child-care centers. Child-care centers are permitted uses in all nonresidential zones and the PO/R Zone. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder, and the permitted density allowable for that building or structure. New buildings shall comply with Township parking standards.
B. 
Essential services. Public utility lines, pipes and other principal or accessory structures utilized for the transportation, distribution and/or control of water, wastewater, stormwater, electricity, gas, oil, steam and analog and digital communications need not be located on a lot, nor shall this chapter be interpreted to prohibit the use or dictate the location of these services on any land in any zone. This provision does not apply to wireless communication facilities, which are governed by § 315-39B(7) of this chapter.
C. 
Amusement events. Notwithstanding any other provisions of this chapter, the following uses may be permitted only by the Township Council:
(1) 
Temporary circuses; pony rides; animal acts; carnivals; bazaars; and educational sports, music or theatrical enterprises and displays when held out of doors in any zone, provided that the same are sponsored by a recreational, religious, charitable, social or services organization located within the Township of Bloomfield.
(2) 
Cultural or athletic events which are part of a house of worship, community house or school, college or university program and which are held on the premises owned or leased by or otherwise under the control of the institution conducting or sponsoring said program.
(3) 
Bingo, raffles or other legalized games of chance, when properly licensed in accordance with state and municipal requirements.
D. 
Temporary offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction of new buildings or structures may be temporarily permitted on the same site during the actual period of construction. To alleviate the possibility that certain uses may be deemed permitted under the rubric of a specified group of permitted uses, the following uses are specifically prohibited:
(1) 
The outdoor sale of goods, except for garden centers and the sale of new and used motor vehicles, as permitted hereby;
(2) 
Massage parlors;
(3) 
Tattoo parlors and establishments of any nature whatsoever which utilize needles for the purpose of making indelible markings upon the body by the insertion of pigment under the skin or by production of scars;
(4) 
Fortune-telling, or any service designed to foretell, reveal, disclose or divine or attempt to foretell, reveal, disclose or divine any event, past, present or future, by means of the possession or alleged possession of any occult or mysterious power, whether the same be manifested through medium, cards, hypnotism, clairvoyance, fortune-telling, palmistry, phrenology or other mode or fashion;
(5) 
The sale or display of paraphernalia relating to controlled dangerous substances, as defined by N.J.S.A. 2C:34-2 et seq.;
(6) 
Adult uses offering live entertainment;
(7) 
The sale of firearms and ammunition;
(8) 
Methadone clinics; and
(9) 
Private animal shelters.
A. 
R-1A, R-1B, R-2A, R2B single- and two-family residential zones.
(1) 
Purpose. The intent of these zones is to preserve the integrity of existing residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity and population density consistent with residential neighborhood patterns and the specified one- or two-family densities for each particular zone.
(2) 
Principal permitted uses.
(a) 
Single-family detached dwellings.
(b) 
Public parks and playgrounds.
(c) 
Two-family dwellings (only in R-2A and R-2B residential zones).
(3) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(4) 
Conditional uses.
(a) 
Home occupations.
B. 
R-G Garden Apartment Residential Zone.
(1) 
Purpose. The intent of this zone is to permit garden apartments and mid-rise apartment buildings as residential uses at appropriate densities, in locations accessible to major roadways, commercial services and public facilities.
(2) 
Principal permitted uses.
(a) 
Garden apartments.
(b) 
Mid-rise multifamily apartment buildings.
(c) 
Public parks and playgrounds.
(d) 
Institutional uses.
(e) 
Houses of worship on parcels of 10,000 square feet or greater.
(3) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(4) 
Conditional uses.
(a) 
Continuing care retirement communities.
(b) 
Home occupations.
(c) 
Wireless communications facilities.
(5) 
Supplementary regulations.
(a) 
Maximum widths of driveways for one-way traffic: 10 feet.
(b) 
Maximum widths of driveways for two-way traffic: 20 feet.
(c) 
Maximum density: 25 dwelling units per acre of site area for garden apartments and 50 dwelling units per acre for mid-rise apartment buildings.
(d) 
A minimum of 20% of the site area shall consist of landscaped open area, exclusive of building area, parking areas and driveways. A minimum of 10% of the site area which can be included in the foregoing 20% must be common open space devoted to active or passive recreation use by the residents of the apartment development, including play areas, sitting areas, swimming pools and the like.
(e) 
Garden apartments may include more than one principal building per lot. No garden apartment building shall contain over 24 apartment units or be over 160 feet in length.
(f) 
The minimum distance between garden apartment buildings shall be 30 feet between building faces (long dimension) and 15 feet between buildings (short dimension). The fifteen-foot separation shall apply to building faces and ends where these adjoin, but no more than 1/2 of a building end may overlap an adjoining building face under this provision, otherwise a thirty-foot minimum separation shall be maintained.
(g) 
The minimum setback of driveways and surface parking lots from buildings shall be eight feet, except where driveways enter garages within the building, and five feet from any lot line.
(h) 
Building height. Two stories for garden apartments and not more than six stories for mid-rise apartment buildings.
(i) 
Not more than 75% of the dwelling units shall have more than one bedroom.
(j) 
Mid-rise apartment buildings may utilize ground floor parking, but only if enclosed in a manner that renders it as inconspicuous as possible through coordination with the architectural design of the facade of the building.
(k) 
All building exteriors shall be of brick or masonry materials.
C. 
R-T Residential Townhouses. It is the intent of this zone to permit single-family townhouses at the densities specified herein. More than one principal building may be constructed on a lot.
[Amended 8-13-2012 by Ord. No. 12-51]
(1) 
Permitted uses.
(a) 
Detached single-family dwellings.
(b) 
Townhouses, provided they meet the standards of Subsection C(4) below.
(c) 
Public parks.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal uses as permitted herein.
(3) 
Conditional uses.
(a) 
Continuing care retirement communities.
(4) 
Townhouse: A dwelling unit having no less than two stories and a common or party wall with an adjacent dwelling unit.
(a) 
Townhouses as defined in this subsection shall be subject to the following regulations and restrictions:
[1] 
Townhouses shall be built in groups of not less than four nor more than eight individual townhouse units, except that the maximum number of townhouse units in a single group may be increased to 12 where all of said units do not front in the same direction.
[2] 
The distance between each group of townhouses shall be no less than 35 feet.
[3] 
Of the townhouses in a single group which front in the same direction, not more than two shall have the same setback. The setback shall be at least two feet.
[4] 
No single group of townhouses shall exceed a measurement of 160 feet in its longest dimension.
[5] 
The maximum height shall be no more than 45 feet with a maximum of three stories.
[6] 
The minimum width of a townhouse unit shall be 20 feet.
[7] 
A front yard setback of 20 feet shall be maintained as open space, except for parking in permitted driveways.
[8] 
No incinerators shall be permitted. Refuse areas containing dumpsters or compactors shall be provided in such number and having such areas, respectively, as may be determined by the Health Officer to adequately serve the health and welfare of the occupants of each group or groups of townhouses. Refuse areas shall be adequately screened.
[9] 
Each townhouse unit shall be equipped with its own water, gas and sewer lines or connections and with its own meters therefor.
[10] 
Private parking areas shall be provided in the amount of two parking spaces per dwelling unit. There shall be no parking area located in the required front or side yards of a corner lot, and in all other yards there shall be no parking area within three feet of any lot line. Each required parking space in the R-T Zone shall be at least nine feet wide and 18 feet long with a minimum aisle of 24 feet.
[11] 
No parking shall be permitted on interior streets and access drives.
[12] 
The coverage by the principal buildings shall be limited to 30% of the lot area. Accessory buildings shall be permitted to cover up to an additional 5% of the lot area. Parking areas and drives shall not be permitted to cover more than 20% of the lot area.
[13] 
Widths of rights-of-way and construction of primary interior streets shall conform to prevailing Residential Site Improvement Standards; however, the Planning Board or Zoning Board may, in its judgment, approve a reduced interior right-of-way, provided that a twenty-four-foot carriageway is maintained.
[14] 
The basement of each townhouse unit shall be used for utilities, storage, mechanical rooms, laundry rooms, recreation rooms or garages and for no other purposes.
[15] 
No townhouse unit or any part thereof may be used as and for professional office space by the occupant or by any other person or persons.
[16] 
No townhouse unit may be used or occupied by more than one family unit.
[17] 
Each townhouse unit shall have a front entrance and a rear service entrance.
[18] 
In any group or groups of townhouses, common open space for outdoor active or passive recreation shall be provided in the amount of 1,200 square feet per individual townhouse unit. Such required recreational space shall not be less than 25 feet in its shortest dimension and shall not be located in the required front yard, nor within 10 feet of the side and rear property lines.
[19] 
The maximum density for townhouse construction shall be 11 units per acre.
[20] 
The following accessory buildings and structures shall be permitted: community facilities for recreation and meeting rooms only, which shall be designed and used exclusively to serve the townhouse occupants; detached garages not exceeding one story in height; and swimming pools and other recreational facilities, provided that all such accessory buildings and structures shall comply with the setback requirements.
D. 
RH Residential High-Rise. It is the intent of the Township, in recognition of the special problems and benefits of high-rise apartment dwellings, to designate certain areas, to the exclusion of other areas, where such structures may be constructed and to control such use so as to avoid adverse effects upon adjacent areas. High-rises of between six and 11 stories shall have a maximum residential density of 45 dwelling units per acre. High-rises of 12 or more stories shall have a maximum residential density of 60 dwelling units per acre.
(1) 
Permitted uses.
(a) 
Single-family detached dwellings.
(b) 
High-rise apartments (multiple-family dwellings over six stories).
(c) 
Places of worship including parish houses and Sunday school buildings.
(d) 
Public uses; but excluding a warehouse, workshop or other uses involving outdoor storage or storage of heavy equipment.
(e) 
Educational institutions.
(f) 
Hotels and extended stay lodging facilities.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(3) 
Conditional uses.
(a) 
Home occupations.
(b) 
Wireless communications facilities.
E. 
B-2 Neighborhood Business. It is the intent to establish areas where certain types of business uses are permitted to serve the neighborhood in which they are located. More than one permitted principal building and/or use may occupy a lot.
(1) 
Permitted uses.
(a) 
Restaurants, without drive-through service.
(b) 
Fast food restaurants, without drive-through service.
(c) 
Bars.
(d) 
Offices.
(e) 
Personal services on the ground floor only, provided that not more than one establishment of the same type shall be permitted in the same block from side street to side street.
(f) 
Retail sales and services.
(g) 
Service clubs.
(h) 
Banks, which may offer drive-through service.
(i) 
Public parking areas.
(j) 
Public uses.
(k) 
Public utilities.
(l) 
Educational institutions.
(m) 
Public parks.
(n) 
Shopping centers, with a maximum of 50,000 square feet of gross leasable floor space.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein; however, no accessory parking facility shall front on a public street.
(b) 
Massage, bodywork and somatic therapy. See § 315-36D(11).
(c) 
Sidewalk cafes and outdoor dining. See § 315-36D(12).
(3) 
Conditional uses.
(a) 
Multifamily dwellings.
(b) 
Gasoline service stations.
F. 
CBD Central Business District. It is the intent to establish an area within which a wide diversity of services may be provided, consistent with the standards established herein.
(1) 
Permitted uses.
(a) 
Eating and drinking establishments (fully enclosed, consumption entirely within the building but excluding drive-through establishments).
(b) 
Residential dwelling units on the second floor or above to a maximum overall height of six stories and subject to the parking requirements of this chapter.
(c) 
Multilevel garages and parking decks above or below ground.
(d) 
Offices.
(e) 
Personal service establishments (excluding massage parlors) on the ground floor only, provided that not more than one establishment of the same type shall be permitted in the same block from side street to side street.
(f) 
Retail stores on the ground floor only.
(g) 
Service club.
(h) 
Theater.
(i) 
Places of worship, including parish house and Sunday school buildings on individual parcels of at least 10,000 square feet.
(j) 
Educational institutions.
(k) 
Public parks.
(l) 
Banks.
(m) 
Commercial parking facilities.
(n) 
Commercial recreational facilities.
(o) 
Automobile sales.
(p) 
Car washes.
(2) 
Accessory uses.
(a) 
Uses which are customarily incidental and accessory to the principal use as permitted herein.
(3) 
Conditional uses.
(a) 
Fast food restaurants with drive-through.
(b) 
Gasoline filling stations excluding auto repair.
G. 
CORD Commuter-Oriented Residential District.
[Amended 12-7-2009 by Ord. No. 09-53]
(1) 
Purposes. The intent of the CORD Zone is to implement the mixed-use concept recommended in the Township's 2002 Master Plan. Development in the CORD should consist of multifamily dwelling units designed for commuters seeking a location convenient to Midtown Direct service, which may incorporate a mix of neighborhood businesses providing retail sales and services for the personal use and household consumption of area residents. The CORD Zone replaces the Major Commercial (MC) Zone and the M(1) Zone. The specific purposes are:
(a) 
To provide for land uses and facilities beneficial to both the community and to transit users of the NJ Transit Midtown Direct service from the Watsessing Station to New York City;
(b) 
To increase use of the Watsessing Rail Station;
(c) 
To provide for land uses that will generate and encourage transit ridership and are conducive to the district's limited road network, low visibility and proximity to the established residential neighborhoods and the B-2 Business Zone that adjoin the CORD;
(d) 
To encourage new construction of a compact low- to mid-rise development pattern that is pedestrian-friendly, suburban in scale and is compatible with the adjacent residential and commercial areas;
(e) 
To allow for the sensitive adaptive reuse or reconstruction of existing industrial buildings, consistent with NJDEP rules and regulations;
(f) 
To permit the development of multifamily residential units which may incorporate small retail and service businesses serving the needs of the local residents;
(g) 
To locate these uses within walking distance of each other and the rail station in order to enhance the convenience for residents, shoppers, commuters and employees and to reduce auto traffic by providing an environment conducive to pedestrians, bicyclists and transit users; and
(h) 
To provide for visual amenity, and to reinforce a sense of place or center.
(2) 
Permitted uses, conditional uses and accessory uses.
(a) 
Permitted principal uses. The following principal uses are permitted:
[1] 
Single-family and two-family stacked townhouses and mid-rise multifamily residential buildings;
[2] 
Conversions of existing buildings in excess of 55 feet in height to multifamily dwellings;
[3] 
Professional offices, but only on a floor other than the ground floor of a mixed-use residential and commercial building;
[4] 
The following commercial uses are permitted, but only on the ground floor of a mixed-use residential and commercial building:
[a] 
Retail sales and services;
[b] 
Restaurants and bars, without drive-through services; and
[c] 
Banks and savings-and-loan institutions, which may offer drive-through services.
[5] 
Health clubs, but only on a floor other than the ground floor of a mixed-use residential and commercial building;
[6] 
Public uses, but excluding facilities such as a public works garage, water treatment plant, public electric generating station and uses of a similar nature; and
[7] 
Open space, such as parks and plazas, consistent with NJDEP rules and regulations and environmental engineering controls.
(b) 
Permitted accessory uses.
[1] 
Uses customarily accessory and incidental to any permitted or conditionally permitted use shall be permitted; provided, however, that no outdoor storage shall be permitted.
[2] 
Ground floor parking garages within the footprint of a multifamily or mixed-use building shall be permitted only if enclosed in a manner that renders them as inconspicuous as possible through coordination with the architectural design of the facade of the building. Any such parking garage may front on a public street.
[3] 
Except as set forth in § 315-38G(2)(b)[2], above, parking facilities not fronting on a public street.
[4] 
Ground floor parking areas which are not incorporated into a structure may be located in a front yard, provided they serve only the ground floor commercial uses in a mixed-use building and they are accessible only from Arlington Avenue.
[5] 
Sidewalk cafes and outdoor dining. See § 315-36D(12).
[6] 
Clubhouse and recreational facilities serving multi-family developments.
(c) 
Conditional uses: wireless communication facilities, subject to the provisions of § 315-39B(7).
(3) 
Lot and bulk regulations. All permitted uses, conditional uses, principal buildings and accessory structures shall comply with all requirements of Article IV and Article V of this chapter unless otherwise specifically set forth herein. In the CORD Zone, the following lot and bulk regulations shall apply:
(a) 
The minimum lot area is two acres;
(b) 
The maximum density is 50 dwelling units per acre;
(c) 
More than one principal building may be constructed on a lot;
(d) 
All principal buildings which front on a public street must have front yards facing the street. The Board may grant an exception to this requirement in any particular development if it determines that it is a better planning alternative for a principal building to have a front yard facing an internal drive. In no case, however, shall the rear of any building face a public street. Nothing herein shall preclude buildings being located on internal drives or private streets;
(e) 
The minimum front yard setback shall be 10 feet, and the maximum front yard setback shall be 20 feet;
(f) 
The minimum rear yard setback for principal buildings and accessory multilevel parking garages shall be 20 feet. All other accessory structures shall have a minimum rear yard setback of 10 feet;
(g) 
The minimum side yard setback shall be five feet;
(h) 
Except for parking garages and areas permitted by § 315-38G(2)(b) above, and gate houses, and except as permitted by § 315-35B, accessory structures shall not be located in any front or side yard and shall comply with the setback requirements set forth herein;
(i) 
The maximum impervious lot coverage is 80%;
(j) 
The minimum building height for principal buildings is three stories or 35 feet;
(k) 
The maximum building height for principal buildings is five stories or 55 feet, except as permitted by § 315-35E. Existing buildings proposed for residential conversion may exceed 55 feet in height, but the building's height shall not be increased. Accessory multilevel parking garages may equal the height of the principal buildings which they serve. Accessory clubhouses and recreational facilities shall not exceed 25 feet in height. All other accessory structures shall not exceed 15 feet in height;
(l) 
The minimum separation between buildings will be either zero feet if the buildings abut one another or 15 feet to accommodate pedestrian walkways or driveway access to parking facilities;
(m) 
There shall be a mixture of building heights in any mixed-use development, with not more than 20% of the buildings five stories;
(n) 
Parking facilities shall be appropriately screened from principal uses on adjoining lots; and
(o) 
A minimum of 10% of a lot must be open space devoted to active or passive recreation, including play areas, sitting areas, swimming pools and the like, consistent with NJDEP rules and regulations.
(4) 
Phasing of development.
(a) 
Approved developments in the CORD Zone may subsequently be subdivided into separate phase lots for purposes of financing and conveyance. All lands shall be subject to common covenants, conditions and restrictions in order to make certain the various elements of the development will continue to operate as a single entity under a common theme, regardless of ownership. In this regard, a form of deed restriction shall be established as a blanket covenant and restriction designed to perfect the purpose of this subsection in the event of any sale of any phase of a development.
(b) 
In the event of a subdivision for purposes of financing or conveyance, the bulk standards for the CORD Zone shall be applied on an overall tract basis. There shall be no restrictions on frontage, lot size or dimension or maximum impervious or building coverage in connection with the development of the separate phased lots, provided the phased lots are consistent with the development plan for the overall tract approved by the Board. In the event of a subdivision, an accessory clubhouse or recreational facility, designed for the use of the entire development, may be located on a separate lot in the development, provided there is incorporated into the subdivision deed provisions ensuring maintenance of the lot and improvements and the payment of taxes and other public assessments.
(c) 
All subdivision deeds shall be subject to the review and approval of the Township and Board attorneys, and any purchasing developer shall be required to execute a developer's agreement prior to the commencement of construction of its phase.
H. 
PO/R Professional Office/Residential. The intent of the district is to recognize those areas of the Township that are in transition from residential to commercial and to maintain a balance of uses in order to preserve the residential character while providing for compatible commercial activity.
(1) 
Permitted uses:
(a) 
Single-family detached residences.
(b) 
Two-family detached residences.
(c) 
Garden apartments.
(d) 
Offices.
(e) 
Professional offices.
(f) 
Public uses.
(g) 
Places of worship.
(h) 
Public utilities.
(i) 
Educational institutions.
(j) 
Public parks.
(k) 
Banks.
(l) 
Parking areas.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(3) 
Conditional uses.
(a) 
Home professional offices, subject to the provisions of § 315-39B(6).
(b) 
One or more residential units may be combined with any permitted nonresidential uses, provided the conditions of § 315-39B(8) are complied with.
I. 
RO Regional Office Zone. It is the intent to establish areas within which land may be used for large-scale office and research purposes in a manner designed to avoid adverse effects upon adjacent property and to maximize benefits to the Township. More than one principal building may be constructed on a lot.
[Amended 8-13-2012 by Ord. No. 12-51]
(1) 
Permitted uses:
(a) 
Offices.
(b) 
Research laboratory.
(c) 
Public uses.
(d) 
Public utilities.
(e) 
Educational institutions.
(f) 
Public parks.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein, except that structured parking shall not be permitted.
(3) 
Conditional uses.
(a) 
Wireless communications facilities.
J. 
CC Community Commercial Zone. The intent of this district is to accommodate large-scale shopping facilities that contain a supermarket or other anchor store, and smaller commercial uses. More than one principal building and/or use may be permitted on a lot.
(1) 
Permitted uses.
(a) 
Shopping centers with no more than 200,000 square feet of gross leasable floor area and with no single establishment larger than 125,000 square feet of gross leasable floor area, which may include only the following uses:
[1] 
Restaurants, without drive-through services;
[2] 
Fast food restaurants, without drive-through services;
[3] 
Bars;
[4] 
Retail sales and services;
[5] 
Personal services;
[6] 
Offices;
[7] 
Banks and fiduciary uses;
[8] 
Theaters;
[9] 
Health clubs;
[10] 
Garden centers.
(b) 
Hospitals.
(c) 
Parking facilities.
(d) 
Places of worship.
(e) 
Public uses.
(f) 
Public parks.
(g) 
Public utilities.
(h) 
Educational institutions.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(b) 
Massage, bodywork and somatic therapy. See § 315-36D(11).
(c) 
Sidewalk cafes and outdoor dining. See § 315-36D(12).
(3) 
Conditional uses.
(a) 
Wireless communications facilities.
K. 
M1 Zone - general industrial. It is the intent to establish areas within which industrial uses may be established and expanded under suitable controls. Such uses shall not be construed to include any use that, by reason of noise, odor, air and water pollution, glare or other nuisance factor, shall have an adverse effect upon adjacent property.
(1) 
Permitted uses:
(a) 
Offices.
(b) 
Manufacturing.
(c) 
Automobile sales.
(d) 
Research laboratories.
(e) 
Public buildings.
(f) 
Public utilities.
(g) 
Educational institutions.
(h) 
Public parks.
(i) 
Warehousing and self storage.
(j) 
Parking facilities.
(k) 
Outdoor storage.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(3) 
Conditional uses.
(a) 
Adult uses.
(b) 
Gasoline service stations.
(c) 
Automotive repair services.
(d) 
Wireless communications facilities.
L. 
CD Zone - College District Overlay Zone.
(1) 
Purpose. To acknowledge and permit the continued use of lands within the Township of Bloomfield for Bloomfield College, while respecting and retaining the property rights of owners of other land uses in and around the Bloomfield College campus and recognizing the location of Bloomfield College within the Bloomfield Green Historic District. In the portions of the PO/R, R-1A and R-1B Zones which are designated College District Overlay Zone on the Zoning Map, it is the intent of the Township to provide for the controlled growth and operation of Bloomfield College while ensuring its compatible relationship with, and the continuing viability of, the remaining residential, commercial and quasi-public land uses within the R-1A, R-1B and PO/R Zones in which the College is located, while preserving the historic nature of the Bloomfield Green area. To that end, the following development requirements shall be permitted to apply to any properties within the College District Overlay Zone identified on the Zoning Map which are owned by or are part of the Bloomfield College (or a successor) campus. Lands included in the overlay zone which are not owned by or not part of the Bloomfield College campus shall continue to be governed by the provisions of the underlying R-1A, R-1B or PO/R Zone, as applicable, unless acquired by the College. Lands that may be owned by or are part of the Bloomfield College campus but lie outside of the overlay zone identified on the Zoning Map shall not be subject to these special regulations and shall, instead, be governed by the underlying zoning. Where the standards of this section apply, they shall supersede those set forth in this chapter for development in the R-1A, R-1B and PO/R Zones.
(2) 
Principal permitted uses.
(a) 
Buildings and structures devoted to educational purposes such as classrooms, studios, lecture halls, laboratories and libraries.
(b) 
Residential buildings, including dormitories and student residences.
(c) 
Buildings for social activities, including fraternities, sororities and student centers.
(d) 
Eating facilities, including dining rooms, cooking facilities and indoor snack bars.
(e) 
Administrative and staff offices as part of other buildings or in separate office buildings.
(f) 
Indoor athletic facilities, including gymnasiums and athletic centers.
(g) 
Single-family dwellings.
(h) 
Houses of worship.
(i) 
Public buildings.
(j) 
Theaters and performing arts studios.
(k) 
Publicly owned parks, playgrounds and accessory buildings not conducted as a business.
(l) 
Private recreational facilities.
(3) 
Accessory uses. Notwithstanding any other provision of this Land Development Ordinance to the contrary, the following uses shall be deemed accessory to the principal uses set forth above even if such accessory use is the only use located on a particular tax lot. For example, a proposal by Bloomfield College to develop an unimproved lot with a parking area for exclusive use by the College's faculty, staff and/or students shall be treated as an application for approval of an accessory use rather than a principal use. The proposed parking area shall not require a use variance, even though it is a nonpermitted principal use on the subject lot, since off-street parking shall be deemed accessory to the principal use in the zone, i.e., Bloomfield College.
(a) 
Storage and maintenance buildings.
(b) 
Private residential garages.
(c) 
Signs as provided herein.
(d) 
Off-street parking areas and structures.
(e) 
Gatehouses, kiosks and security structures, not exceeding 50 square feet in area.
(f) 
Electronic and public utility transmission and distribution equipment in accordance with ordinances of the Township of Bloomfield.
(4) 
Development requirements (see Schedule A[1]).
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(5) 
Supplementary requirements.
(a) 
Where a lot line separates two lots under the same ownership and the two lots are used or are proposed to be used for a unified purpose, such a lot line shall not be subject to rear yard or side yard setback requirements.
[1] 
For purposes of this section, properties shall be defined to be in the "same ownership" if they are owned by the same individual(s), corporation(s), partnership(s), or other entity(s) or if one property is under common control with the owner of the other property, or is owned by any corporation resulting from a merger or consolidation with the other property owner, or is owned by any subsidiary or affiliate of the other property owner, or is owned by any joint venture of which the other property owner is a partner.
(b) 
Off-street parking.
[1] 
Off-street automobile parking shall be provided at the ratio of one off-street parking space for each seven students, faculty and staff, measured as the average population during the peak population hour.
[a] 
A parking variance granted to Bloomfield College for a particular development application will not apply to any other subsequent or pending development application submitted by the College.
[2] 
Parking areas serving as a principal use shall be set back at least five feet from any property line and shall be adequately buffered from adjoining properties not owned by the College, except parking areas fronting on Freemont Street, Spruce Street, Austin Place, Oakland Avenue or Franklin Street shall be located no closer to the front lot line than the average front yard setback of the buildings on either side. No parking areas serving as an accessory use shall be located in a front yard.
[3] 
Parking garages fronting on Freemont Street, Spruce Street, Austin Place, Oakland Avenue or Franklin Street shall be set back a minimum of 25 feet from the front lot line and a minimum of 10 feet from any other property line. All other parking garages shall be set back a minimum of 10 feet from any lot line, except that where a lot line of a lot containing a parking structure abuts a lot not owned by the College, the setback shall be a minimum of 25 feet.
[4] 
The layout of parking spaces and aisles shall conform to the design standards in Article IV, § 315-30O, as amended.
[5] 
Up to 25% of all parking spaces in any parking lot containing more than 100 parking spaces may be designated for compact cars. Compact car spaces shall conform to the minimum requirements of Article IV, § 315-30O, as amended.
(c) 
Signs.
[1] 
One building identification sign, not to exceed three square feet, shall be allowed on each building.
[2] 
One freestanding sign, not to exceed six square feet, shall be permitted for each freestanding building.
[3] 
Directional and regulatory signs shall be located where necessary or required.
[4] 
Except as specifically set forth herein, all signage shall be consistent with the provisions of § 315-42B hereof (regulations governing signs in the business zones) and shall reflect and be compatible with the historic character of the area.
(d) 
Landscaping and buffers. Landscaping and buffers shall be required around all parking areas in accordance with Article IV, § 315-30O, as amended, except where a building intervenes to provide screening and full shielding of headlights and views of parked cars from surrounding residential properties.
(e) 
Site plan approval.
[1] 
Notwithstanding anything in § 315-14A of this Land Development Ordinance to the contrary, site plan approval shall be required for any proposed development or redevelopment within the College District Overlay District except for: single- and two-family dwellings and a change from one permitted use to another, provided the change involves no exterior site improvements (other than improvements to an existing structure creating no additional square footage or to landscaping) and provided the College is in compliance with the parking ratio set forth in § 315-38L(2)(a). Such site plan submissions shall meet the submission requirements of this Land Development Ordinance and shall also include the following:
[a] 
Graphic and, where appropriate, text explanation of all existing structures and facilities, including building and parking areas, and improved pedestrian and vehicular circulation areas within the College Overlay District.
[b] 
A copy of the then-current College Master Plan, or any amendments to the College Master Plan not reflected in the plan then on file with the Township.
[c] 
All site plans shall be submitted to the Historic District Review Board for review and recommendations in writing per Chapter 302 of this chapter.
M. 
P-I Private Institutional Zone. It is the intent to establish areas within the urbanized environment for private institutional uses that respect the open land character of the zone.
(1) 
Permitted uses.
(a) 
Public utilities.
(b) 
Private schools and educational institutions.
(c) 
Churches and houses of worship.
(d) 
Cemeteries.
(e) 
Hospitals.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(3) 
Conditional uses: none.
N. 
PR Public/Recreational Zone. It is the intent to make clear that lands are so zoned as to make their sale for development unlikely.
(1) 
Permitted uses.
(a) 
Public uses.
(b) 
Public parks.
(c) 
Municipal parking facilities.
(d) 
Public open space.
(e) 
Schools.
(f) 
Senior citizen centers.
(g) 
Libraries.
(h) 
Public and private recreation facilities.
(i) 
Post offices.
(2) 
Accessory uses.
(a) 
Uses that are customarily incidental and accessory to the principal use as permitted herein.
(3) 
Conditional uses. Wireless communications facilities, only on lands devoted to a public use.
O. 
BSRD Bloomfield Station Redevelopment District Zone. This zone is subject to the uses and standards as set forth in the BSRD Redevelopment Plan.
P. 
H-D Bloomfield Green Historic District Overlay. The intent of the overlay district is to recognize and protect the historic focal point of the Township and protect those properties and buildings located within the district through the regulations within the Historic Preservation Ordinance[2] and as follows:
(1) 
In the Bloomfield Green Historic District, the following minimum bulk and setback regulations shall apply in areas zoned R-1A: lot area shall be 6,000 square feet; lot width shall be 60 feet; and the front yard setback shall not be less than the average of the front yard depths of the structures located adjacent to the lot in question.
[2]
Editor's Note: See Ch. 302, Historic Districts.
A. 
General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this section.
B. 
Requirements for conditional uses.
(1) 
Gasoline service station. Gasoline service stations, while necessary, may be inimical to the public safety and welfare if located without due consideration of conditions and surroundings. The location, relocation or enlargement of service stations shall be permitted upon authorization by the Board in accordance with the following standards:
(a) 
Detailed plans showing the location and number of fuel pumps and the location, the depth and capacity of fuel tanks shall be submitted to the Board as part of site plan requirements.
(b) 
The proposed use shall not include any sales or rentals of motor vehicles or trailers.
(c) 
All fuel pump islands shall be located at least 15 feet from front lot lines and 25 feet from the side and rear property lines. All car lifts and other service appliances shall be located within an enclosed building.
(d) 
All fuel tanks shall be installed underground.
(e) 
No service station shall be within 200 feet of any church, school, playground, sanatorium, hospital, convalescent home, public library, institution for dependents or for children, or the boundary line of any residential zone. The distance shall be measured between the two closest points of the properties under consideration.
(f) 
No service station shall be built on a corner lot having a width of less that 60 feet and an area of less than 6,000 square feet or on an interior lot having a width of less than 100 feet and an area of less than 7,500 square feet.
(g) 
Driveways shall cross the sidewalks at right angles and shall not be more than 18 feet wide at any point thereof. Driveways must be at least 25 feet from any side lot line or from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 70 feet, in which case there may be a maximum of two driveways on such street frontage.
(h) 
The entire area of the station traversed by motor vehicles shall be paved.
(i) 
Screening and decorative planting shall buffer adjacent lots.
(j) 
Illumination of the service station shall not spillover onto adjacent property.
(k) 
Strung pennants or lights shall be prohibited.
(l) 
The outdoor storage of no more than three vehicles is permitted in any side and rear yard, provided that all other parking requirements are met.
(m) 
The sale of food and beverages, other than in vending machines, shall be prohibited.
(2) 
Automotive repair services. Automotive repair services, while necessary, may be inimical to the public safety and welfare if located without due consideration of conditions and surroundings. The location, relocation or enlargement of automotive repair services shall be permitted upon authorization by the Board in accordance with the following standards:
(a) 
Detailed plans showing the location and the number or capacity of automobiles that may be serviced within the principal building shall be submitted to the Board as part of site plan requirements.
(b) 
No automotive repair service shall be within 200 feet of any church, school, playground, sanatorium, hospital, convalescent home, public library, institution for dependents or for children or of the boundary line of any residential zone. The distance shall be measured between the two closest points of the properties under consideration.
(c) 
Driveways shall cross the sidewalks at right angles and shall not be more than 18 feet wide at any point thereof. Driveways must be at least 25 feet from any side lot or from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 70 feet, in which case there may be a maximum of two driveways on such street frontage.
(d) 
The entire area of the site traversed by motor vehicles shall be hard-surfaced.
(e) 
Screening and decorative planting shall buffer adjacent lots.
(f) 
Illumination of the site shall be such that there is no spillover onto adjacent property.
(3) 
Fast food restaurants with drive-through. Fast food restaurants with drive-through windows may be permitted by the Board in accordance with the following standards:
(a) 
No such use shall be located within 150 feet of any residence zone.
(b) 
No such use shall be located within 200 feet of any church, school, library or theater.
(c) 
Such uses shall provide adequate access facilities for estimated vehicular and pedestrian traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion.
(d) 
All vehicular entrances and exits shall be clearly visible from the street and sidewalk.
(e) 
Adequate loading and servicing areas shall be provided, which shall not interfere with traffic circulation.
(4) 
Continuing Care Retirement Community (CCRC).
(a) 
A continuing care retirement community (CCRC) shall be permitted as a conditional use in the R-G and R-T Zones in accordance with the following conditions:
[1] 
Minimum tract size: five acres.
[2] 
The site must have frontage on or direct access to principal arterial or minor arterial streets.
[3] 
Minimum building perimeter setback: 20 feet.
[4] 
Minimum parking setback: five feet.
[5] 
The permanent residents of the facility shall be restricted to those 62 years of age or older. However, nothing herein shall prohibit a spouse or individual from residing in the facility under the age of 62, provided that such spouse is married to a resident who is 62 years of age or older or said individual is a companion, relative or aide to the resident 62 years of age or older.
[6] 
Maximum density: 25 dwelling units per gross acre. For purposes of computing density, each independent living unit and assisted-care unit shall be considered a dwelling unit. Every three nursing-home beds shall constitute one dwelling unit.
[7] 
Any health-care facility shall be licensed by and/or meet all appropriate standards of federal, state or county regulatory agencies.
[8] 
All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.
[9] 
Maximum building height: 45 feet; however, the height of a structure or portion thereof may exceed the maximum as otherwise permitted, provided that the setback requirements set forth above shall be increased by five feet for each foot by which the height of the structure or part thereof exceeds the permitted maximum height, and further provided that in no case shall any proposed structure or part thereof exceed 55 feet in height and five usable floor levels, counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Architectural features and mechanical equipment may extend beyond the height limit.
(b) 
Accessory use. A subordinate use or building, the purpose of which is customarily incidental to that of the main use of the building and on the same lot, including but not limited to:
[1] 
Indoor and outdoor recreation facilities.
[2] 
Therapy and testing facilities.
[3] 
Entertainment facilities.
[4] 
Libraries.
[5] 
Food preparation facilities.
[6] 
Dining facilities.
[7] 
Linen services facilities.
[8] 
Nursing facilities.
[9] 
Housekeeping service.
[10] 
Security facilities.
[11] 
Administrative offices.
[12] 
Storage facilities.
[13] 
Chapels.
[14] 
Facilities for the temporary lodging and limited service of guests.
[15] 
Parking garages.
[16] 
Barbershop and beauty parlor.
[17] 
Sale of sundries, personal articles, newspapers, food and similar convenience products to residents.
(c) 
Design standards.
[1] 
Coverage. Coverage by the principal building shall be limited to 30% of the lot area. Accessory buildings shall be permitted to cover up to an additional 10% of the lot area. Parking areas and drives shall not be permitted to cover more than 30% of the lot area.
[2] 
Townhouse units shall comply with § 315-38C, to the extent not inconsistent with the standards set forth herein.
[3] 
Parking. Adequate off-street parking for the residents, employees and visitors of the CCRC facility shall be provided based upon the following standards. The applicant may request a waiver of any of the required parking by submitting evidence to the agency that the parking is not needed to meet the objectives of this section.
[a] 
One space per independent living unit.
[b] 
One space per seven independent living units for visitor parking.
[c] 
One space per two assisted-care units.
[d] 
One space per six nursing-home beds.
[e] 
One space per employee on maximum shift.
[f] 
Parking areas shall comply with Article IV, § 315-30O.
[4] 
Dumpsters. Refuse areas containing dumpsters or compactors shall be provided in such number and having such areas, respectively, as may be determined necessary by the Health Officer to adequately serve the health and welfare of the occupants. No incinerator shall be permitted.
[5] 
Street right-of-way widths. Widths of rights-of-way and construction of primary interior streets shall conform to Residential Site Improvement Standards; however, the Planning Board or Zoning Board may, in its judgment, approve a reduced interior right-of-way, provided that a minimum cartway width of 24 feet is maintained.
[6] 
Open space. A minimum of 30% of the site must be maintained as open space.
(5) 
Adult uses, as defined in § 315-6, while permissible, may be inimical to the public health, safety, morals or welfare if located without due consideration of their conditions or surroundings. In consideration of the fact that two such establishments are already located in the Township, no adult use offering live entertainment is permitted. The location, relocation or establishment of other adult uses shall be permitted upon authorization of the Planning Board in accordance with the following standards:
(a) 
Standards for parking. One space for two fixed seats of capacity or one space for every 150 square feet of leasable gross floor area or one space for every two persons, based on total maximum occupancy as determined by the Fire Official, whichever is greater.
(b) 
Location. No person shall operate nor shall any record owner of a premises permit the operation of such an establishment within 1,000 feet of any existing adult use or any existing church, synagogue, temple or other place of public worship or any elementary or secondary school or any school bus stop or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any area zoned for residential use.
(c) 
Buffer. Every such establishment shall be adequately screened from adjacent uses so as to impede the view of the interior of the premises in which the business is located.
(d) 
Signage. No such establishment shall display more than one sign, with a maximum size of 40 square feet. Said sign may include only the name and address of the establishment.
(e) 
Exclusive of residential use. No adult use shall be established or permitted in any building of which any part is used for residential purposes. No residential use shall be established in a building of which any part is used as an adult use.
(f) 
Screening. All openings, entries, windows, doors, etc., to an adult use facility shall be located, covered or screened in such a manner as to prevent a view into the interior from any public place.
(g) 
General requirements.
[1] 
The establishment of an adult use business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses defined herein, whether such conversion be for a permanent or temporary use.
[2] 
In addition to the foregoing requirement, the adult use shall conform to all of the regulations of the Township, including but not limited to district lot and bulk regulations, parking regulations and signage requirements of the district zone. The establishment must also submit a security plan to the reviewing Board for its approval.
[3] 
Nothing contained herein shall permit obscene materials as the same are defined in N.J.S.A. 2C:34-2.
[4] 
Measurement of distance. For purposes of this section, measurements shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises for an adult entertainment use business to the nearest property line of land upon which is situated a school, church, park or other use described in Subsection B(5)(b).
(6) 
Home occupations. Home occupations shall be subject to the following conditions:
(a) 
The practitioner must reside in the home.
(b) 
The practitioner shall not engage the services of more than one office employee. Use of the office by other persons shall not be permitted.
(c) 
Except for home professional offices in the POR Zone, which shall be permitted to use the entire ground floor for the professional office use, a home occupation shall occupy less than 50% of the total area of the floor where located, excluding space used for a private garage, or 900 square feet, whichever is smaller.
(d) 
No clients or customers shall remain on the premises overnight.
(e) 
The residential character of the neighborhood and the premises shall not be subordinated to the home occupation use.
(f) 
Adequate off-street parking spaces shall be provided in accordance with the parking requirements of this article for both the residential use and the home occupation so that no parking related to the home occupation shall occur on the street.
(g) 
No retail sales shall be conducted on the site.
(h) 
No sign identifying the home occupation shall be larger than one square foot. Such sign shall meet all other provisions of this chapter governing signs.
(i) 
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.
(7) 
Wireless communications facilities. Wireless communication facilities shall be permitted as conditional uses in the appropriate zoning districts and shall require a zoning permit if the following conditions for site plan approval are satisfied. It is the intent of this section to encourage the placement of antennas and related structures on existing buildings in appropriate zones, appropriately camouflaged or screened. In recognition of prior applications for facilities in zones where they are not conditionally permitted, it is also the intent of this section to provide guidance to the Board of Adjustment when reviewing use variance applications sought on the basis of particular suitability, with the goal that an applicant should satisfy the specific conditions enumerated below to obtain approval for towers and antennas in any zone.
(a) 
Placement of antennas and related structures on existing buildings. The first preference for locating or co-locating antennas and related structures is on existing buildings in zones where the use is conditionally permitted.
(b) 
In the R-G, RH, CBD, RO, CC, M-1 and PR Zoning Districts, wireless communications facilities shall be permitted on existing buildings only if:
[1] 
The applicant meets its burden of demonstrating the need for additional facilities in the Township and at the proposed location;
[2] 
All antennas and related structures are painted to match the structure to which they are attached, or otherwise colored to minimize their visual impact;
[3] 
Antennas shall not extend more than three feet above the highest point of the parapet wall if placed on the roof, or above the parapet wall, chimney or penthouse if attached thereto;
[4] 
All related structures shall be screened so they cannot be seen from the occupied floors of neighboring buildings or from street level;
[5] 
The proposed equipment shall comply with all federal regulations; and
[6] 
The installation of the equipment shall comply with all applicable building codes.
(c) 
In the R-G, RH, CBD and CC Districts, wireless communications facilities shall be permitted only if:
[1] 
They are placed on existing buildings. No towers are permitted, if the building to be utilized exceeds 50 feet in height;
[2] 
The applicant meets its burden of demonstrating the need for additional facilities in the Township and at the proposed location;
[3] 
All antennas and related structures are painted to match the structure to which they are attached, or otherwise colored to minimize their visual impact;
[4] 
Antennas shall not extend more than three feet above the highest point of the parapet wall if placed on the roof, or above the parapet wall, chimney or penthouse if attached thereto;
[5] 
All related structures shall be screened so they cannot be seen from the occupied floors of neighboring buildings or from street level;
[6] 
The proposed equipment shall comply with all federal regulations;
[7] 
The installation of the equipment shall comply with all applicable building codes.
(d) 
Towers are permitted in the PR, M-1 and RO Zoning Districts only if the following conditions are met:
[1] 
No existing building is available to meet the need for additional facilities;
[2] 
The maximum height of any tower shall not exceed 70 feet. For purposes of measurement, tower height is the distance measured from the average finished grade of the parcel to the highest point on the tower, including the base pad and any antenna;
[3] 
Towers must be set back from any adjoining lot line a distance of at least 100 feet or 125% of the height of the tower, whichever is greater.
[a] 
The setback from any single-family or two-family zone or use shall be 200 feet or 300% of the height of the tower, whichever is greater, measured to the building setback line of the off-site use.
[b] 
Guys and accessory facilities must satisfy the minimum zoning district setback requirements for principal structures, but in no case shall the setback be less than 20 feet.
(e) 
An application to attach antennas to an existing tower shall demonstrate compliance with all provisions of this subchapter, including, to the extent practical and consistent with law, those governing the tower itself. Co-location of antennas on existing towers is preferable to a new tower.
(f) 
Applicants shall satisfy the design standards enumerated below to obtain site plan approval for towers in addition to other standards that may be required herein and pursuant to the Township Site Plan Review Ordinance, construction codes and/or other applicable regulations:
[1] 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall all be equipped with an appropriate anti-climbing device; provided, however, that the Board may waive such requirements as it deems appropriate.
[2] 
Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the Board may waive such requirements, as it deems appropriate.
[a] 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
[b] 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
[c] 
Existing mature tree growth and natural grades on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
(g) 
Buildings and structures used in association with towers or antennas shall comply with the following:
[1] 
Any structure, or any building constructed to house such structures, shall not exceed 200 square feet of gross floor area or 12 feet in height;
[2] 
For antennas placed on existing buildings, the related structures shall be located on the roof of the building;
[3] 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area; and
[4] 
All such structures shall be located on the same lot as the tower or antennas that they support.
(8) 
Multifamily dwellings. Multifamily dwellings shall be permitted in the PO/R, CBD and B-2 Zones, provided:
(a) 
All dwelling units shall be located above the ground floor;
(b) 
The ground floor shall be utilized for nonresidential permitted uses only, except no ground floor parking area is allowed;
(c) 
The residential density shall not exceed 50 dwelling units per acre in the CBD Zone, 25 dwelling units per acre in the B-2 Zone and 12 dwelling units per acre in the PO/R Zone;
(d) 
Any building in the CBD Zone with residential uses shall have a maximum height of four stories. Heights in other zones shall be governed by Schedule A;[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(e) 
Combined parking requirements for all uses shall be met; and
(f) 
Any site plan approval shall be conditioned upon the filing of an application for amended site plan approval and any necessary variance should any change in first floor uses increase the required parking beyond the number of spaces approved by the Board.
(9) 
In addition to the above conditions, the applicant for conditional use approval must satisfy all standards for site plan approval set forth in Article III of this chapter.
The following general conditions shall apply to all parking and loading spaces provided in conformance with this chapter:
A. 
All parking areas shall have a smooth paved surface, be drained and be maintained in good usable condition.
B. 
In residential zones, no required parking shall be permitted in any front yard except in a driveway leading to a garage. The width of such a driveway shall be limited to the width of the garage, not to exceed 22 feet at the building line.
C. 
All required spaces in residential zones and for all residential uses shall be upon or adjacent to the lot that they are designed to serve. For one- and two-family dwellings, the required parking must be on the same lot.
D. 
All parking spaces for nonresidential uses in nonresidential zones may be provided on a lot used for nonresidential purposes located within a four-hundred-foot radius of the structure that it is designed to serve. The use of off-site parking shall not result in a parking requirement violation on any other lot. Any lease or other written instruments evidencing an agreement for off-site parking must be provided to the Board, with a duration of not less than five years.
E. 
Shared parking for residential and nonresidential uses is prohibited, unless the uses and all parking are located on the same lot. Shared parking must afford a total number of spaces equal to or greater than the sum of the required parking spaces for each use.
F. 
No parking spaces or garages for one- and two-family homes shall be more than two feet below ground level.
G. 
Where parking spaces are provided for a nonresidential use and this parking area adjoins a residential use, adequate screening at least six feet in height shall be provided and maintained.
H. 
Access drives to nonresidential parking lots shall be from other than residential streets or property.
(1) 
The maximum width of a one-way driveway shall be 12 feet; the maximum width of a two-way driveway shall be 24 feet.
(2) 
No driveway shall be permitted within 25 feet of any street intersection.
I. 
No commercial vehicle with a gross vehicle weight rating of more than 5,000 pounds shall be parked or stored outdoors overnight in any residential zone. Not more than one commercial vehicle of any kind shall be parked or stored on any residential lot.
J. 
Recreational vehicles.
(1) 
A recreational vehicle is a transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck, or panel truck, of such size and weight as not to require any special highway movement permits and primarily designed or constructed to provide temporary movable living quarters for recreational, camping or travel use. The term "recreational vehicle" shall be limited to the following:
(a) 
Travel trailers or fifth-wheel trailers, which are defined as portable structures built on a chassis with wheels as an integral part to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup trucks of any type.
(b) 
Camping trailers, which are trailers the walls of which are so constructed as to be collapsible and made of either canvas or similar cloth or rigid material such as fiber glass, plastic or metal. Camping trailers are mounted on wheels and designed for travel and recreational use.
(c) 
Pickup campers or truck caps, which are recreational structures designed to be mounted in the bed of light pickup trucks and are designed for travel, storage or recreational use.
(d) 
Motor homes, which are constructed with a truck or motorvan chassis and incapable of being separated therefrom.
(e) 
A boat, personal watercraft, all-terrain vehicle or snowmobile, or recreational trailer. A "recreational trailer" is a vehicle on which a boat, personal watercraft, all-terrain vehicle or snowmobile may be transported and which is towable by a passenger car, station wagon, light pickup or panel truck or mobile home.
(2) 
Recreational vehicles must be parked in rear yards only and at a distance of 15 feet from any adjoining residence. A setback of three feet must be maintained from rear and side property lines.
A. 
Residential uses. All residential uses involving an application for development shall comply with the off-street parking requirements of the New Jersey Residential Site Improvement Standards (RSIS), as amended. The following requirements shall apply to new or expanded residential uses for which no application for development (site plan or subdivision) is required:
(1) 
One- and two-family dwellings shall provide two parking spaces per dwelling unit, at least one of which shall be located within an enclosed garage.
B. 
Other uses. All business, commercial and public uses shall comply with the parking requirements of the Table of Parking Requirements below. Square footage is based on gross leasable floor area.
Table of Parking Requirements
Institutional
Assisted living residence
0.25/resident
Child-care center
1/10 students
College/university
Hospital
1/bed
Independent living residence
0.5/dwelling unit
School, commercial
1/3 faculty and staff members, plus 1/4 students
School, primary and secondary
1.2/classroom
Place of worship
1/2 sanctuary seats
Places of assembly
Amusement, indoor
1/500 square feet
Billiard parlor (4 or more pool tables)
1/table
Community center
1/500 square feet
Cultural facility
1/500 square feet over 5,000 square feet
Health/fitness club
1/employee on maximum shift plus 1/exercise station plus 1 per swimming pool lane
Library
1/750 square feet
Theater
1/5 seats
Commercial
Banquet hall
1/250 square feet
Bed-and-breakfast establishment
1/guest room
Building materials yard
1/600 square feet
Car wash
2/bay plus 4 staging spaces
Financial institution, bank
1/400 square feet
Funeral home, mortuary
1 per 3 persons, based on maximum occupancy, plus 0.33 per employee
Furniture or appliance store
1/1,000 square feet (not less than 3 spaces)
Gas station
1/2 pumps plus 1/200 square feet of retail space
Garden store
1/750 square feet plus 2/1,000 square feet of outdoor sales area
Grocery store
1/400 square feet
Hospital
1/250 square feet
Hotel/motel
1/guest room
Laundromat
1/500 square feet
Medical/dental offices/clinics
4/practitioner
Motor vehicle sales
1/500 square feet (not less than 5 spaces)
Motor vehicle service and repair
2/bay
Nightclubs/discos/dance halls
1/2 persons, based on maximum permitted occupancy
Office, professional office,/government/corporate headquarters
1/300 square feet or 2 for each three employees on the largest shift, whichever is greater
Restaurant
Greater of 1 per 2 seats or 1 per 75 square feet of dining room and bar area
Restaurant, fast food
Greater of 1 per 2 seats or 1 per 75 square feet of indoor eating area plus 1 per 200 square feet total customer area for takeout.
Retail sales and services
1/150 square feet
Tavern/bar
1/500 square feet
Industrial
Manufacturing, fabrication, assembly
1/500 square feet, or 2 spaces for each 3 employees on the largest shift, whichever is greater
Warehousing/self storage
1/1,000 square feet or 2 spaces for each 3 employees on the largest shift, whichever is greater
Wholesale
1/500 square feet or 2 spaces for each 3 employees on the largest shift, whichever is greater
NOTES:
1.
There shall be no minimum parking requirement within the CBD or B-2 Zones, except for all new buildings and any increase in gross leasable floor area, where off-street parking shall be required pursuant to this section.
2.
Recreation facilities. There shall be one space for every 200 feet of gross leasable floor area, except that bowling alleys shall provide two parking spaces per alley.
3.
Shopping centers shall provide the combined parking requirement for all proposed uses. If tenants of the shopping center are not known at the time the application is reviewed by the Board, then one space per 150 square feet will be required and any approval will be conditioned upon a limitation of no more than one restaurant or fast food restaurant permitted in the shopping center, with amended site plan approval required for any additional restaurants.
4.
Where a municipal boundary line bisects a shopping center, parking spaces in the adjacent municipality shall be counted in satisfying the minimum parking requirement.
A. 
General provisions.
(1) 
Purpose. The attractiveness of the Township of Bloomfield contributes to the general welfare and economic well-being of its citizens, property owners and business people. Reasonable control of signs promotes a desirable visual environment and enhances public safety. The purposes of the regulations and standards that follow are: to encourage the effective use of signs as a means of communication; to maintain and enhance the aesthetic environment and the Township's ability to attract beneficial sources of economic development; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property values; and to enable fair and consistent enforcement of these sign regulations. This section is adopted under the zoning authority of the Township in furtherance of the more general purposes set forth in this chapter.
(2) 
Applicability.
(a) 
The effect of this section, as more specifically set forth herein, is:
[1] 
To establish a permit system to allow a variety of types of signs subject to the standards and the permit procedures of this chapter;
[2] 
To allow certain signs that are small, unobtrusive and incidental to the use of the respective buildings on which they are located, subject to the requirements of this chapter, but without a requirement for permits;
[3] 
To provide for temporary signs without commercial messages in limited circumstances;
[4] 
To prohibit all signs not expressly permitted by this chapter; and
[5] 
To provide for the enforcement of the provisions of this subchapter.
(3) 
Board review.
(a) 
The Planning Board or Zoning Board of Adjustment, as appropriate, shall review all signs to be installed that are accessory to any development application to ensure compliance with the provisions of this section and compatibility with the design of the proposed development, as set forth in § 315-29H of this chapter's design standards. The Board shall review and approve the intensity of light of all such signs.
(b) 
Minor site plan approval. Except for signs for detached one- and two-family dwellings, an applicant seeking only a sign variance shall also obtain minor site plan approval from the Planning Board. Applicants for minor site plan approval under this subsection shall pay all required application and escrow fees.
(4) 
Permits required.
(a) 
Generally.
[1] 
It shall be unlawful for any person to erect, repair, alter, relocate or keep within the Township of Bloomfield any sign as defined in this chapter, except as exempted under Subsection A(6), without obtaining a zoning permit from the administrative officer and payment of the fee as required by this section. All signs shall, in addition, be subject to the provisions of the Construction Code and the Electrical Code, if illuminated, and the permit fees required thereunder. Sign permit numbers will be issued and must be displayed on the sign in question when erected. The administrative officer shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises are located or as have been approved by the Planning Board or Zoning Board of Adjustment.
(b) 
Application for sign permit. Applications for sign permits shall be made upon blanks provided by the administrative officer and shall contain or have attached thereto the following information:
[1] 
Name, address and daytime telephone number of the applicant, building owner, business owner and contractor.
[2] 
Street address or location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.
[3] 
Position of the sign or other advertising structure in relation to the site and adjacent buildings or structures.
[4] 
A detailed drawing of the proposed sign indicating construction techniques, materials, colors, lighting details, structural supports and graphics. If the sign is to be placed upon or attached to a building, the square footage of the facade or window where the sign will be placed must be provided.
[5] 
Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.
[6] 
Any electrical permit required and issued for said sign. An application requesting an electrical permit for a proposed sign must accompany the sign application.
[7] 
If the application is for an existing building, current color photographs of all exposed exterior walls of the building shall be submitted.
[8] 
Such other information as the administrative officer shall require demonstrating full compliance with this section.
(c) 
Sign permit fees. Every applicant, before being granted a permit hereunder, shall pay to the Township Building Inspector's Office the fee for each sign, which shall be in accordance with the ordinance in effect, and the permit number shall be displayed in the lower right-hand corner.
(d) 
All proposed signs in the Bloomfield Center Special Improvement District shall be reviewed by the Bloomfield Center Alliance prior to filing any application for a sign permit or variance.
(5) 
Definitions. Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in this chapter shall be given the meanings set forth in this chapter. Principles for computing sign area and sign height are contained in Subsection D. All other words and phrases shall be given their common ordinary meaning, unless the context clearly requires otherwise.
A-FRAME OR SANDWICH SIGN
An A-shaped temporary and easily movable ground sign, with a message on two sides, for advertising commodities, services or entertainment, usually conducted upon the premises where the sign is located.
ANIMATED SIGN
Any sign that uses movement or change of lighting to depict action or the illusion of movement or create a special effect or scene.
APPLIED LETTERS
A type of wall sign utilizing letters or a logo individually mounted on the facade of the structure to form the sign message.
AREA IDENTIFICATION SIGN
A sign to identify a common area containing a group of structures, or a single structure, such as a residential subdivision, apartment complex, industrial park, mobile home park or shopping center, located at the entrance or entrances of the area. Such signs may or may not consist of a fence or wall or archway with letters or symbols affixed thereto.
AWNINGS and CANOPIES
Roof-like coverings extending over a walkway, sidewalk or exterior place, supported by a frame attached to the building and/or ground with a surface made of fabric or a more rigid material, such as plastic or metal, and either retractable against the building or fixed in place.
AWNING SIGN
Any sign that is part of, attached to or printed on an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
BANNER
Any sign printed or displayed upon cloth or other flexible material, with or without frames. National flags, state or municipal flags or the official flag of any not-for-profit institution shall not be considered banners for the purposes of this chapter.
BEACON
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies.
BILLBOARD or OUTDOOR ADVERTISING SIGN
A sign which directs attention to a business, industry, profession, commodity, service or entertainment not necessarily sold or offered upon the premises where the sign is located.
BUILDING MARKER
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
BUILDING SIGN
Any sign attached to any part of a building, as contrasted to a freestanding sign.
BULLETIN BOARD
Any sign, other than an electronic or digital message board or ticker, erected by a charitable, educational or religious organization or a public body, which is erected upon the same property as said institution, for purposes of announcing changing events.
[Amended 4-13-2015 by Ord. No. 15-18]
BUSINESS SIGN
A sign which directs attention to a business, industry, profession, commodity, service or entertainment sold or offered upon the premises where such sign is located.
CANOPY
See "awnings and canopies."
CANOPY SIGN
See "awning sign."
CHANGEABLE MESSAGE
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign, including, without limitation, electronic or digital message boards or tickers.
COMMERCIAL MESSAGE
Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
DIRECTIONAL SIGN
A sign intended to direct or point toward a place or which gives directions. Such signs shall carry no advertising copy describing the activities carried on at the premises where such signs are located.
DIRECTORY SIGN
A sign listing the tenants or occupants of a building.
DISPLAY SURFACE AREA
The net geometric area enclosed by the display surface of the sign, including the outer extremities of all letters, characters and delineations, the surfaces upon which they are presented, voids between elements of the sign or any element of the display that goes beyond the primary surface, whichever is greatest; provided, however, that display surface area shall not include the structural supports for freestanding signs; provided, further, that only one face of a double-faced sign as defined shall be considered in determining the display surface area.
ERECT
To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish, but not including any of the foregoing activities when performed as incidental to the normal maintenance or repair of a sign or sign structure.
ESTABLISHMENT
An economic unit where business is conducted or services or industrial operations are performed. More than one establishment could be located at a single street address.
EXTERNALLY ILLUMINATED SIGN
Any illuminated sign whose illumination is derived from an external artificial source outside the display portion of the sign.
FACADE
The total wall surface, including door and window area, of a building's principal face. A mansard roof shall be considered as part of the facade.
FLAG
Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other not-for-profit institution.
FLASHING SIGN
An illuminated sign, the illumination of which is not kept constant in intensity at all times when in use. Illuminated signs that indicate the time, temperature, weather or similar public service information shall not be considered flashing signs.
FREESTANDING OR GROUND SIGN
Any sign supported by permanent structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
ILLUMINATED SIGN
A sign which is lighted by a self-contained interior light or by lights projected or directed onto it.
INCIDENTAL SIGN
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as parking, directional and warning signs, and signs reading "loading only," "telephone," "open/closed," "hours of operation" and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
INTERNALLY ILLUMINATED SIGN
Any sign whose sole source of artificial illumination is contained within the display portion of the sign, including neon-type signs and internally and backlit signs.
MARQUEE
A type of canopy with a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building and possibly supported in part from the ground, generally constructed above an entrance.
MARQUEE SIGN
Any sign attached to, in any manner, or made a part of a marquee.
NAMEPLATE SIGN
A sign which states the name or address, or both, of the occupant of the premises where the sign is located and not exceeding 1 1/2 square feet in area.
NEON SIGN
Self-luminous electric signs usually constructed of glass tubing containing a vapor or gas configured to form a display or lettering.
NONCONFORMING SIGN
Any sign that does not conform to the requirements of this chapter.
OFFICIAL SIGN
Any sign, symbol or device erected and maintained by the federal government, State of New Jersey, County of Essex, Township of Bloomfield or a public utility for the purpose of informing or guiding the public or for the protection and promotion of the health, safety, convenience and general welfare of the public.
OUTDOOR ADVERTISING SIGN
See "billboard."
OVERHANGING SIGN
A sign suspended from a marquee, awning, canopy or a wooden or metallic bar where such sign is located within the public right-of-way or other than parallel to the facade.
PENNANT
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually, but not necessarily, in series, designed to move in the wind.
PERSON
Any individual, association, company, corporation, firm, organization, partnership, or governmental entity.
POLITICAL SIGN
A sign advancing the candidacy of any candidate or group of candidates for public office or a cause subject to political judgment.
PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designated to be transported, including but not limited to signs designed to be transported by means of wheels; A-frames and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
PROFESSIONAL SIGN
A sign listing only the name, profession and/or specialty of each practitioner.
PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that its leading edge extends more than one foot beyond the surface of such building or wall.
PUMP ISLAND CANOPY SIGN
A flush-mounted sign on the vertical surface and canopy, which is the ornamental or protective roof-like structure erected above the pumps of a gasoline station.
REAL ESTATE SIGN
A temporary sign placed upon the property for the purpose of advertising to the public the availability for sale, rent or lease of said property.
ROOF SIGN
Any sign erected, constructed and maintained upon or over the roof of any building with the principal support of the roof structure or parapet wall.
SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.
SHOPPING CENTER OR MALL
A building or group of related buildings of more than three units having a common entrance or with more than one entrance not on a public road or highway.
SIGN
Shall mean and include every object, device, frame, figure, character, mark, point, fixture, graphic design, picture, stroke, stripe, trademark, model, emblem, placard, symbol, display, light, logo or reading matter which is used or intended to be used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, colors, illumination or projected images, when the same is placed in the view of the general public, either outdoors or indoors. Any of the above which is not placed out of doors, but which is illuminated with artificial or reflected color or otherwise made visible from out of doors, shall be considered a sign within the meaning of this chapter, when placed in such a way as to be used to attract attention or convey information to motorists or pedestrians.
SIGN STRUCTURE
The method employed to support any sign except a window sign.
TEMPORARY SIGN
Any sign that is used only temporarily and is not permanently mounted.
WALL SIGN
Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purposes of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.
WINDOW
A glass area presented to the public for purposes of display. For glass storefronts made up of multiple window panes, each pane shall be deemed a separate window.
WINDOW SIGN
A sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the widow panes or glass and is visible from the exterior of the window.
(6) 
Exempt signs. The following signs shall not require a sign permit and shall be permitted as provided below:
(a) 
Temporary civic, cultural and public service window posters, when posted inside windows of commercial establishments, provided they are only permitted in one window per establishment and do not, individually or combined, occupy more than 20% of the total area of said window or five square feet, whichever is less. Temporary window signs are permitted on ground-floor windows only.
(b) 
Temporary promotional or special sales signs in windows of a commercial establishment when advertising that commercial establishment, provided the signs are placed in only one window per establishment per street frontage and provided they do not, individually or combined with other window signs, exceed 50% of the total area of the display window or 16 square feet, whichever is less. Temporary signs advertising a business opening or change in ownership of a commercial establishment, located on the premises of the commercial establishment, are also permitted, provided that they are placed in only one window per establishment per street frontage and do not exceed 50% of the window or an area of 16 square feet, whichever is less. All temporary signs shall have the date of installation printed clearly on the lower right-hand corner, as viewed from the exterior, and shall be permitted for a period not to exceed 30 days. Temporary promotional signs are permitted on ground-floor windows only. When more than one establishment is located at a single street address, the aggregate size of the signs for all establishments permitted by this subsection shall not exceed 50% of any one window or 16 square feet, whichever is less.
(c) 
Temporary signs of a nonprofit or charitable organization located on the premises of such organization, provided such signs shall not exceed one per premises per event and do not exceed 32 square feet in area. Said signs shall be put in place no earlier than 60 days before the event and shall be removed within seven days after completion of said event.
(d) 
Bulletin boards not over 24 square feet in area per sign face for public, charitable, educational or religious organizations when same are located on the premises of said organizations and comply with the setback regulations for freestanding signs in the zone or are installed on a building wall. This exemption shall not apply to electronic or digital message boards or tickers, which shall be subject to the prohibition on changeable message signs set forth in § 315-42A(7)(j). All signs exempt under this provision shall be externally illuminated.
[Amended 4-13-2015 by Ord. No. 15-18]
(e) 
Incidental signs, and signs posting property as "private property," "no trespassing" or similar signs, which do not exceed two square feet in area. No such signs shall be neon. If signs permitted by this subsection are installed in conjunction with an application for development subject to site plan review, including minor site plan review for signs as a result of a change in sign structure, as required herein, then the reviewing board shall determine the appropriateness and necessity of all directional and parking signs.
(f) 
Temporary signs denoting the architect, engineer or contractor, when placed upon the site under construction, provided such signs shall be limited to one sign per site and shall not exceed 16 square feet in area per sign face. Said signs shall be in place only while work is in progress.
(g) 
Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the building or grounds occupied by the organizations and the American flag wherever flown in accordance with the laws and rules promulgated by the federal government.
(h) 
Temporary signs indicating a political preference or political event, provided that such signs do not exceed 32 square feet in residential zones. Such signs may not be displayed on any trees, telephone polls or lighting stanchions. All such signs must be removed within five days after the election or the completion of the political event.
(i) 
All signs located within a building that are not visible to the public outside said building.
(j) 
Real estate signs, located within the property lines, temporarily advertising the sale, rental or lease of the premises or portion thereof, provided such signs shall be limited to one sign per street frontage and do not exceed nine square feet in area per sign face. Such signs shall be removed upon passing of title or completion of rental or lease agreement.
(7) 
Prohibited signs. Without limiting the generality of this section, the following are prohibited:
(a) 
Signs employing mercury vapor, low-pressure and high-pressure sodium and metal halide lighting.
(b) 
Backlit or internally illuminated signs, except as set forth in Subsection A(10) hereof.
(c) 
Flourescent signs.
(d) 
Neon signs or lighting, except when used in a window to advertise a particular product sold by the establishment seeking to install the sign, which shall be limited to no more than two such signs per street frontage.
(e) 
Marquee signs, except for uses that typically utilize such signs.
(f) 
Signs on roofs, dormers and balconies, except as permitted in Subsection A(8) of this section.
(g) 
Billboards, billboard signs or outdoor advertising signs, except display signs ordinarily or customarily erected on the premises of a railroad station or on a railroad right-of-way in the vicinity of such station such as on the parking deck that is owned by the Township. No sign otherwise lawful under this section shall be prohibited because of this provision.
(h) 
Signs mounted upon the exterior side or rear walls of any building or structure, except as otherwise permitted hereunder.
(i) 
Animated, moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lights, which display movement or the illusion of movement, including interior signs visible from the exterior of the premises, except for clocks, temperature displays, or signs commonly known as barber poles used in conjunction with barbershops.
(j) 
Changeable message signs.
(k) 
Signs erected, painted or composed of fluorescent, phosphorescent or similar material.
(l) 
Signs erected, painted or composed of fluorescent, phosphorescent or similar material.
(m) 
Banners, string of banners and pinwheels, strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether part of a sign or not.
(n) 
Balloons and inflatable signs.
(o) 
Signs on vehicles. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this section.
(p) 
"A" frame or sandwich board signs, except as permitted herein.
(q) 
Signs painted on the exterior walls or facade of a building.
(r) 
Signs on accessory buildings or structures.
(s) 
Signs which are misleading; removal of signs upon change in occupancy.
[1] 
It shall be unlawful for any person to erect, locate, relocate or maintain any sign which falsely identifies the premises or occupant of any premises or building, or which falsely advertises for sale on any premises or in any building any product or service not available therein.
[2] 
Whenever there is a change in occupancy of a building or premises, including any vacancy of such building or premises, the message of any sign or signs which identify or advertise an individual, business, service, product or other item that is no longer present or available in the building or on the premises shall be removed.
[3] 
The provisions of this subsection shall not be construed to require the removal of any sign structure, except as required by Subsection A(7)(s)[4] below.
[4] 
The manner of removal of sign messages shall include, but is not limited to, the following:
[a] 
In the case of a sign with a painted message, the sign message shall be painted over to match the background.
[b] 
In the case of a sign with projecting or movable letters or symbols, the letters and/or symbols shall be removed.
[c] 
In the case of a sign where the message is contained on a panel that is inserted into the sign frame or structure, the message panel shall be replaced with a blank panel.
[d] 
In the case of a sign where the message cannot be removed without also removing the sign structure, the structure shall be removed unless the owner demonstrates to the satisfaction of the Zoning Officer that the sign message could reasonably apply to the next occupant of the building or premises. If the sign message does not accurately identify or advertise the next occupant of the building or premises, or any product, service or other item available at the premises, the sign structures shall be removed prior to the issuance of a certificate of occupancy for said occupant.
(t) 
Window signs, unless otherwise permitted by this chapter.
(8) 
Nonconforming signs. The following provisions shall apply to any sign or sign structure that was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of this chapter by reason of such adoption, revision or amendment.
(a) 
Routine maintenance. Routine maintenance for any nonconforming sign shall be permitted, provided that such maintenance shall comply with the provisions of Subsection A(8)(c) and (d) below. The term "routine maintenance" is intended to include such activities as cleaning, replacement of light bulbs, removal of rust and corrosion, and repainting. Specifically prohibited is the replacement of a nonconforming sign structure, in whole or in part, except for light bulbs and minor parts such as fasteners, etc.
(b) 
Restoration or repair of partial destruction. Any nonconforming sign or sign structure existing at the time of the passage of this chapter or any amendment thereto may be continued upon the lot so occupied and any such sign or structure may be restored or repaired in the event of partial destruction thereof, provided that such restoration or repair shall comply with the provisions of Subsection A(8)(c) and (d). For purposes only of administering this provision, the term "partial destruction" shall be defined as any condition affecting less than 50% of the area or volume, whichever is more restrictive, of the sign message or structure in such a manner that the appearance or structural characteristics of the sign are not substantially altered from the originally approved and installed sign.
(c) 
Effect of removal. The following provisions shall regulate removal of nonconforming signs:
[1] 
Nothing contained herein shall be construed to permit the removal and subsequent replacement of a nonconforming sign structure for purposes of maintenance, restoration, repair or alteration. Removal of a sign structure for any purpose shall terminate the nonconforming rights of said sign.
[2] 
Sign messages may be removed only for purposes of routine maintenance, restoration, repair or alteration, as permitted herein.
(d) 
Alterations. The following provisions shall regulate alterations of nonconforming signs:
[1] 
Alterations of sign messages which result in a completely new sign message shall conform to all provisions of this chapter governing the appearance of signs, i.e., height of lettering.
[2] 
A nonconforming sign structure may not be altered unless the alteration will result in the sign structure conforming in all respects with the provisions of this chapter.
[3] 
Alterations covered by the above provisions include, but are not limited to: alteration of sign area, dimension, height or location; alteration of any aspect of sign illumination; and alteration of sign material.
(e) 
Reversion to nonconforming sign prohibited. A sign which is nonconforming and which is changed to a conforming sign may not be thereafter changed back to a nonconforming sign. A nonconforming sign structure and/or message that is changed to a conforming structure and/or message may not thereafter be changed back to a nonconforming structure and/or message.
(f) 
Subdivisions involving nonconforming signs. No lot containing a nonconforming sign structure shall be subdivided so as to increase the degree or extent of the nonconforming sign condition.
(9) 
Signs for nonconforming uses. Signs for nonconforming uses shall comply with the most restrictive regulations of either the zone in which the use shall operate or a zone in which the use is permitted. For example, a sign for a commercial use in a residential zone or for a residential use in a business zone must both comply with the requirements governing signs in residential zones.
(10) 
Lighting and illumination. Any sign permitted by the provisions of this chapter may be illuminated as permitted in this section, except that real estate signs shall be nonilluminated. Signs may be externally illuminated only, provided that they comply with the following standards. For the purpose of administering this section, an "internally illuminated" sign shall be defined as a sign that is illuminated by a light source that shines through the letters or logos from the back of the sign. "Externally illuminated" signs shall be defined as signs that are illuminated by a light source that shines directly on the surface of a sign or which shines on the wall upon which applied letters are installed, and which light source is designed specifically to illuminate only the sign or applied letters.
(a) 
Internally illuminated signs are prohibited, except for building directory signs, pylon signs and restaurant menu signs as set forth in § 315-42B.
(b) 
Externally illuminated signs.
[1] 
Externally illuminated signs shall only be permitted where the sources of illumination are shielded in such a manner that light is not directed to the street or adjoining property.
[2] 
No sign shall be lighted by means of flashing or intermittent illumination.
[3] 
Floodlights or spotlights used for the illumination of signs, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign. Gooseneck reflectors and lights shall be permitted; provided, however, that the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.
(c) 
In no instance shall the light intensity of any illuminated sign exceed 75 footcandles measured with a standard light meter measured at any point in front of the sign at a distance that is no greater than the smallest horizontal or vertical dimension of said sign. There shall be no electrical conduit located on the exterior facade of a building used to provide electric power to any sign.
(d) 
All sign lighting shall be turned off no later than 30 minutes after the closing, except signs in residential zones shall not be lit beyond 9:00 p.m.
B. 
Signs permitted in business zones. The following signs are permitted in all business zones, including the RO, PI and PR Zones, as provided below, and shall require a sign permit in accordance with § 315-A(2). No more than two types of signs may be permitted per establishment per street frontage, provided that if a single location hosts more than one establishment, the aggregate of the area of all signs at the location shall not exceed the maximum permitted size for each type of sign:
(1) 
Wall-mounted, provided the following standards are met:
(a) 
The signs shall be affixed to the front facade of the building and shall project outward from the wall to which it is attached no more than six inches;
(b) 
The area of the signboard shall not exceed 10% of the ground floor building facade area or 48 square feet, whichever is less;
(c) 
The maximum permitted height of the top of the sign is 15 feet above the front ground elevation, and the sign shall not extend above the base of the second floor windowsill, parapet, eave or lower building facade;
(d) 
The sign shall be permitted only for commercial uses occupying buildings facing on public streets and shall not be allocable to other uses; and
(e) 
Wall signs are limited to one sign per establishment per street frontage, except additional wall signs are permitted as follows:
[1] 
A wall-mounted sign, not exceeding six square feet in area, shall be permitted on any side or rear entrance of a commercial use open to the public, provided such entrance does not face a street frontage. Such wall signs may only be lighted during the operating hours of the business, and shall not count toward the maximum number of signs permitted in business zones.
[2] 
A wall-mounted building directory sign identifying the occupants of a commercial building, including upper-story commercial uses, shall be permitted, providing the following standards are met:
[a] 
The sign is located next to the entrance;
[b] 
The sign projects outward from the wall to which it is attached no more than six inches;
[c] 
The sign does not extend above the parapet, eave or building facade;
[d] 
The area of the signboard shall not exceed three square feet, with each tenant limited to one square foot; and
[e] 
Directory signs may be internally illuminated and shall not count toward the maximum number of signs permitted in business zones.
(f) 
Applied letters may substitute for a wall-mounted sign, if constructed of painted metal, painted cast metal, bronze, brass or anodized aluminum, and if they conform to the size requirements hereof. Applied plastic letters are not permitted.
(2) 
Projecting signs, including graphic or icon signs, mounted perpendicular to the building wall, provided the following standards are met:
(a) 
The signboard does not exceed an area of six square feet;
(b) 
The distance from the ground to the lower edge of the signboard shall be 10 feet or greater;
(c) 
The height of the top edge of the signboard does not exceed the height of the wall from which the sign projects, if attached to a single-story building, or the height of the sill or bottom of any second-story window, if attached to a multistory building;
(d) 
The distance from the building wall to the signboard does not exceed 12 inches;
(e) 
The width of the signboard does not exceed three feet;
(f) 
The height of the lettering, numbers or graphics of the sign does not exceed eight inches; and
(g) 
Projecting signs shall be limited to one sign per street address; a projecting sign may advertise more than one establishment located at the same street address, provided the sign does not exceed the provisions of this subsection.
(3) 
Painted window or door signs, provided that the following standards are met:
(a) 
The sign does not exceed 10% of the window or door area or four square feet, whichever is less;
(b) 
The sign is silk screened or has seven-year high-performance vinyl die-cut graphics;
(c) 
The height of the lettering, numbers or graphics of the sign does not exceed four inches; and
(d) 
Painted signs shall be limited to one sign per street address painted on either a single window or a single door, but not on both. A street address with more than one street frontage may have one painted window sign per frontage.
[1] 
Numbers indicating the street address painted on or above a door shall not be considered a sign for purposes of this section.
[2] 
Numbers indicating the street address must appear on or above the entrance door or on an awning valance and be visible to the public. The height of the lettering shall not exceed four inches.
(4) 
Awning or canopy signs for ground floor uses only, provided that the following standards are met:
(a) 
Windows along a street frontage may each have an awning with signage if facade or a door separates the windows. Signage on multiple awnings along the same street frontage shall comply with Subsection B(4)(c) hereof. Awnings over doors may include only the street number of the address, unless it is the only signage. If a building has more than one street frontage, signage on awnings along each street frontage shall comply with either Subsection B(4)(c) or (d) hereof.
(b) 
Fixed awnings and canopies attached to buildings shall not extend from the building more than 38 inches, nor shall be greater than 48 inches in height. Drop or retractable awnings shall not extend from the building more than five feet. The lower edge of the curtain or valance of any awning or canopy shall be no closer to the ground or sidewalk than seven feet. No part of the iron or other supporting framework shall be closer than seven feet six inches to the ground or sidewalk, except for the posts supporting a canopy;
(c) 
If an awning or canopy sign is used in conjunction with another sign, lettering, numbers and graphics shall be located on the valance only, shall not exceed four square feet in area, and the height of the lettering, numbers or graphics of the sign shall not exceed four inches. Awning sign messages shall convey only the name of the establishment, the street address and phone number. They may also include a logo used by the establishment.
(d) 
If an awning or canopy sign is the only sign utilized, the name of the business and a logo may appear on the front of an awning or canopy only, covering no more than 50% of the front of the awning or canopy, or 24 square feet, whichever is less. No slogans are permitted. The address and telephone number of the establishment is permitted on the valance, but must conform to the requirements of Subsection B(4)(c), above.
(e) 
Marquee signs shall conform to the requirements of this subsection and may not be used in addition to an awning or canopy sign; and
(f) 
All awnings and canopies, except marquees, shall be constructed of canvas.
(5) 
Freestanding signs, when fronting on a public or private street or parking area, provided that the following standards are met:
(a) 
The sign shall refer to the business or businesses located in the building on the same lot as the sign;
(b) 
The building wall nearest to the proposed location of the freestanding sign shall be set back a minimum of 15 feet from the nearest lot line, and the sign shall be located between the building wall and the nearest lot line, but not closer than 10 feet to the nearest lot line.
[Amended 4-13-2015 by Ord. No. 15-18]
(c) 
The sign may not impede or interfere with pedestrian or vehicular traffic, or protrude over a sidewalk;
(d) 
The area of the signboard shall not exceed 10 square feet;
(e) 
The height of the lettering, numbers or graphics of the sign shall not exceed eight inches;
(f) 
The height of the signboard, or of any posts, brackets, or other supporting elements, shall not exceed 12 feet from the ground;
(g) 
The signboard shall be constructed of wood, with wood or cast iron brackets, and is architecturally compatible with the style, composition, materials, colors and details of the building;
(h) 
The signboard shall be externally illuminated;
(i) 
Pylon signs no higher than 16 feet from the ground, with sign area not to exceed 14 square feet and lettering not exceeding 12 inches in height, shall be permitted for shopping centers only. Pylon signs shall be set back at least seven feet from the street right-of-way. Such signs may advertise each business located in the shopping center and may be internally illuminated, provided light shines through lettering or logos only, but no more than one pylon sign per shopping center is permitted; and
(j) 
Freestanding signs shall be limited to one sign per street address; a freestanding sign may advertise more than one establishment located at the same street address, provided the sign does not exceed the provisions of this subsection.
(6) 
Service entrances for commercial establishments may be identified with one sign not exceeding two square feet in area.
(7) 
In addition to other signage, restaurants and cafes shall be permitted the following, limited to one sign per business:
(a) 
A wall-mounted display featuring the actual menu as used at the dining table, to be contained within a shallow wood or metal case, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately five feet, shall not exceed a total area of two square feet, and may be externally illuminated.
(b) 
A sandwich board sign, as follows:
[1] 
The area of the signboard, single-sided, does not exceed six square feet;
[2] 
The signboard is constructed of wood, chalkboard and/or finished metal;
[3] 
Letters are painted, vinyl die cut or handwritten;
[4] 
The sign is located within four feet of the main entrance to the business, and its location does not interfere with pedestrian or vehicular circulation;
[5] 
The information displayed is limited to daily specials and hours of operation; and
[6] 
The sign is removed at the end of the business day.
(8) 
Each commercial establishment shall identify the number of its address on a minimum of one sign facing each street or parking lot.
C. 
Signs permitted in residential zones. The following signs are permitted in residential zones, including the PO/R Zone, as provided below, and shall require a sign permit in accordance with § 315-42A(2), although no permit is required for signs permitted by Subsection C(1) hereof. In residential zones, the following signs shall be permitted as a matter of right, limited to one sign per property, provided a setback of 10 feet shall be maintained from any lot line, the height shall not exceed six feet and the sign, if lighted, shall be externally illuminated:
(1) 
A sign showing the name and address of the house or family, said sign to be not larger than one square foot in area.
(2) 
A sign stating the profession of the occupant and not exceeding three square feet in area.
(3) 
A multifamily dwelling structure may have a single identification sign, not to exceed 12 square feet in area per face.
D. 
Signs permitted in the M-1 Industrial Zone. The following signs are permitted in the M-1 Industrial Zone, shall require a sign permit in accordance with § 315-42A(2) and are subject to the illumination requirements of § 315-42A:
(1) 
Each industrial establishment shall be permitted to display identification signs, limited to one wall-mounted sign and one freestanding sign per street frontage, totaling in area not more than 10% of the area of the facade of the structure upon which or in front of which the sign is to be affixed or erected. Freestanding signs shall be no closer than 10 feet to any lot line, no larger than 24 square feet in area per face and no higher than 16 feet.
E. 
Signs permitted in the CORD, Commuter-Oriented Residential District Zone. Signs for commercial uses in the CORD shall be subject to the regulations governing business zones. See § 315-42B. Signs for residential uses shall be subject to the regulations governing residential zones. See § 315-42C.
A. 
For the purposes of this section, a fence in excess of 18 inches in height shall require a zoning permit, except decorative split rail fences at property corners. A retaining wall of four feet or less in height is not a "fence."
B. 
Fences in excess of four feet in height are permitted in the rear yard only. No fence shall exceed six feet in height. Fences enclosing industrial uses may be six feet high in all yards, provided adequate sight distances into and out of the property are preserved and the fence complies with all other provisions of this section.
C. 
Except for industrial uses, no existing fence shall be changed or altered so as to exceed four feet in height unless the fence is located in a rear yard.
D. 
A nonconforming fence may be maintained or repaired only in the event of partial destruction. Partial destruction shall mean the retention of more than half the posts.
E. 
Provisions of these regulations governing fence height shall not apply to fences erected in connection with schoolyards, playgrounds, public buildings or athletic or recreation fields.
F. 
No fence shall be erected that would create a hazard either by the manner or construction or the materials used or that may cause injury due to jagged end surfaces, spikes or points.
G. 
No fence shall be erected of nonstandard materials that may be considered makeshift, create an eyesore or cause an annoyance.
H. 
No fence shall be erected that encroaches upon a public right-of-way.
I. 
No solid fence shall be erected in any front yard. In the R-1A Zone, no fences shall be erected in the front yard setback area. Any fence erected in a front yard shall have a minimum of 60% open construction, except chain link, rail and wire mesh fences are not permitted in any front yard. "Open construction" is determined by dividing the total area of solid elements of a fence by the total area of the fence. See § 315-30E(1) of Article IV, Design Standards, for examples of open fences.
J. 
At the intersection of two or more streets, no hedge, fence or wall higher than 2 1/2 feet above curb level, other than a post or tree not exceeding one square foot in cross-section area, shall be permitted within the sight triangle.
K. 
Except for split rail fences, any fence permitted in a front yard shall be set back a minimum of 10 feet from a front lot line. No fence shall be erected so as to hinder sight distances necessary to safely exit a driveway.
L. 
This section shall be administered and enforced by the administrative officer.
M. 
This section shall not supersede the following provisions of the Township Code, which are incorporated herein by reference: The Building Code, Article VIII, Obstruction of Vision; and Chapter 508, Swimming Pools.