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 as an attachment to 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 as an attachment to 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:
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:
(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 this chapter, 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.
(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:
(b)
Used clothing bins. A nonresidential property
is permitted to have up to two used-clothing bins in accordance with
the following:
(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 or bodywork therapy
shall be licensed by the State of New Jersey pursuant to the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq., as
may be amended from time to time, and such licensure shall remain
current.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 Human
Services 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 and Bodywork Therapist Licensing 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
and Bodywork Therapist Licensing Act and its implementing regulations
and this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(e)
Copies of all licenses issued pursuant to the
Massage and Bodywork Therapist Licensing Act shall be on file with
the administrative officer and the Department of Health and Human
Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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, and Bodywork Therapist
Licensing Act or its implementing regulations shall result in any
automatic rescission of the zoning permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(h)
The floor area devoted to massage and bodywork
therapy shall not occupy more than 25% of the total floor area occupied
by the establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(i)
There shall be no more than two rooms designated
for massage and bodywork 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 and Human Services 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;
(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:35-2 et seq.;
[Amended 7-18-2022 by Ord. No. 22-48]
(6)
Adult uses offering live entertainment;
(7)
The sale of firearms and ammunition;
(8)
Methadone clinics; and
(9)
Private animal shelters.
E.
Community
residences for persons with developmental disabilities, community
shelters for victims of domestic violence, community residences for
persons with terminal illnesses, community residences for persons
with head injuries, and adult family care homes for persons who are
elderly and adults with physical disabilities shall be a permitted
use in all residential districts of the Township, and the requirements
therefor shall be the same as for single-family dwelling units located
within such districts.
[Added 7-18-2022 by Ord. No. 22-48]
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.
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.
(3)
Accessory uses.
(a)
Uses that are customarily incidental and accessory
to the principal use as permitted herein.
(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]
(2)
Accessory uses.
(a)
Uses that are customarily incidental and accessory
to the principal uses as permitted herein.
(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.
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).
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.
(c)
Cannabis retailer.
[Added 8-16-2021 by Ord. No. 21-31]
(d)
Wireless communications facilities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(e)
Multifamily dwellings.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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:
[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.
(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.
(c)
Multifamily dwellings.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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]
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:
(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).
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.
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 chapter 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 as an attachment to 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.
(c)
Signs.
(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 chapter 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(5)(b)[1]. Such site plan submissions shall meet the submission requirements of this chapter 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.
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.
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.
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.
Preservation of historic districts and sites.
[Amended 4-17-2023 by Ord. No. 23-14]
(1)
Purpose. This subsection is adopted to safeguard the heritage of
the Township of Bloomfield, preserving the elements of its cultural,
social, economic and architectural history. The character, lifestyle
and quality of life in Bloomfield depend in great measure on Bloomfield's
heritage and the ongoing presence of historic landmarks is an essential
element of municipal character and identity. Historic landmarks are
a factor in the economy of the municipality and the property values
therein, and such landmarks are a concern for the community and a
source of civic pride. Such landmarks are vital to the education and
civic awareness of Bloomfield's citizens. Historic landmarks serve
to unite past, present and future generations, and the welfare of
Bloomfield is dependent upon the preservation of its historic heritage.
(2)
Historic Preservation Commission. This section supplements Ordinance No. 23-11, codified in Chapter 302 of the Township Code, which created the Township of Bloomfield Historic Preservation Commission.
(3)
Objectives. The Township of Bloomfield recognized that it has areas,
places and structures of historic, archaeological and architectural
significance. It is in the interest of the general welfare to preserve
these areas, places and structures and to ensure that new development
is compatible and relevant with these areas, places and structures.
This section will achieve these purposes and objectives and will promote
the preservation of the environment, promote a desirable visual environment
through creative development techniques and good civic design and
arrangements, provide community education, prevent the degradation
of the environment through improper use of land and promote the most
appropriate use of land in the Township.
(4)
ADDITION
ADMINISTRATIVE OFFICER
ALTERATION
APPLICATION
APPLICATION FOR DEVELOPMENT
BUILDING
CERTIFICATE OF APPROPRIATENESS
COMMISSION
CONSTRUCTION CODE OFFICIAL
DEMOLITION
DESIGNATED SITE OR DISTRICT
FACADE
HISTORIC
HISTORIC DISTRICT
HISTORIC SITE
IMPROVEMENT
PERMIT
RECONSTRUCTION
RELOCATION
REPAIR
STRUCTURE
SURVEY REPORT
Definitions. (All terms not defined herein shall have the meanings set forth in the Township's Land Development Ordinance, Chapter 315, or the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.)
An extension or increase in building size, volume or floor
area.
The Zoning Official of the Township of Bloomfield.
A change or rearrangement of exterior structural parts or
exterior architectural features not leading to an increase in building
size, volume or floor area.
The submissions required by this chapter necessary for the
Commission to perform its responsibilities hereunder.
The application submitted to the Planning Board or the Zoning Board of Adjustment, as appropriate, seeking approval of a major or minor subdivision, a major or minor site plan, variances pursuant to N.J.S.A. 40:55D-70c and d, conditional uses, or any other relief necessary from the provisions of Chapter 315 of the Bloomfield Code.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
equipment, enterprise, goods or materials of any kind.
An approval issued by the Historic Preservation Commission pursuant to Subsection P(7) herein.
The Historic Preservation Commission established by Chapter 302.
The Construction Official of the Township of Bloomfield when acting pursuant to the Municipal Land Use Law, this Subsection P and the New Jersey Uniform Construction Code.
The partial or total razing, dismantling or destruction of
any building, structure or site in a historic district or on a historic
site. Demolition includes the removal of any building or any portion
of a building in a district or on a site.
An individual building, structure, site, object or district
which has been designated as having historical, architectural, cultural,
aesthetic or other significant characteristic as identified pursuant
to the provisions of this chapter.
The exterior surface of a building.
Having historical, architectural, cultural, aesthetic or
other characteristics deemed significant under the provisions of the
Chapter.
One or more historic sites and intervening or surrounding
properties significantly affected by or affecting the quality and
character of the historic sites.
Any real property or man-made structure located on real property
with historical, architectural, cultural or aesthetic significance.
Any building or structure or any man-made part thereof or
any alteration or addition to any such improvement.
Any approval required by state law, including but not limited
to N.J.A.C. 5:23-2.14, or by local ordinance, to perform exterior
work on a historic site or in any historic district, or involves demolition
or relocation. "Permit" shall include, without limitation, a building
permit, a demolition permit, or a permit to move, convert, relocate,
remodel or change the use or occupancy of any historic site or any
building or structure in a historic district required to be obtained
by the building department, whether such change involves fencing,
signs, lighting or any structural component thereof. "Permit" shall
also include a certificate of appropriateness required hereunder when
no other permit may be required.
The construction of a damaged building or structure in substantially
the same location and design as before the date it was damaged.
The transport of a building to a new location, by means adequate
to assure structural and architectural integrity, for continuation
of the designed use of the building or an adaptive reuse.
Any work done on any improvement which:
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
(5)
Designation of historic districts and sites.
(a)
Preparation of survey report. Based on the survey or upon recommendation of concerned citizens, the Commission shall document the importance and historical significance to the Township, state and nation of each district and site worthy of designation in terms of the purpose and criteria set forth in this section. Except for all sites and for all properties in historic districts identified in the Historic Preservation Element of the Master Plan as of the effective date of this Subsection P, the Commission, by certified mail, shall:
[1]
Notify each owner that their property has been nominated to
be designated a historic site or to be included in a historic district.
[2]
Advise each owner of the significance and consequences of such
nomination and advise them of their opportunities and rights to challenge
or contest such designation.
(b)
Public hearings. The Commission shall, as soon as practicable, make public the survey report, which shall include a complete list and map of the nominated designated sites and properties within historic districts specifying the locations, boundaries and popular names thereof. In designating any site or district historic, the Commission may determine and so specifically designate certain buildings or structures on a site or certain properties within a district as noncontributing to the designation. A building, structure or property designated as noncontributing shall not be subject to the provisions of this Subsection P. The tentative list and map shall thereafter be submitted at a public hearing to the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions, and objections at this public hearing. A list and map showing proposed historic districts and sites shall be published, together with a notice of the hearing on same, in the official newspaper of the Township not less than 10 days prior to such hearing. Additionally, each owner of each property recommended for designation shall be sent notice of the hearing by certified mail, which notice shall be mailed no less than 10 days prior to the scheduled hearing. A public hearing subject to the procedures set forth herein shall be provided to owners of all properties identified in any amendments to the initial survey report, whether as an addition or a deletion to the list of designated sites and districts.
(c)
Final decision by Commission. After full consideration of the
evidence brought forth at the hearing, the Commission shall make its
final decisions on the designations and shall issue its final report
to the public stating reasons in support of its actions with respect
to each historic designation.
(d)
Submission of survey report to Township Clerk and Planning Board.
The survey report, as may be amended from time to time, shall be submitted
thereafter to the Secretary of the Planning Board and to the Township
Clerk. No ordinance effectuating the recommendations set forth in
the survey report shall be introduced unless and until the recommended
designations have been incorporated into the Historic Preservation
Element of the Master Plan, as required by N.J.S.A. 40:55D-65.1. Prior
to adoption of an ordinance effectuating some or all of the recommendations
of the survey report, the governing body shall refer same to the Planning
Board pursuant to N.J.S.A. 40:55D-26.
(e)
Any property, site, building, structure or district listed or eligible for listing on the State or National Registers of Historic Places is hereby deemed a designated historic site or district under this Subsection P.
(f)
A list of all designated historic sites and districts and those
properties, sites, buildings, structures and districts listed or eligible
for listing on the State or National Registers of Historic Places
is attached hereto as Attachment A.[2]
[2]
Editor's Note: Said attachment is on file in the Township
offices.
(g)
Distribution of designation list and Zoning Map. A list of all
historic sites and all properties in historic districts, as adopted
by ordinance, shall be made public and distributed to all municipal
agencies reviewing development applications and all building and housing
permits. A certificate of designation shall be served by certified
mail upon the owner of each property designated as a historic site
or included in a historic district within 30 days after the adoption
of the pertinent ordinance and at least once each year thereafter.
(h)
Placement of plaques. Each designated site or property in a
historic district may be marked by an appropriate plaque which shall
be in such form as the Commission shall promulgate by regulation.
(i)
Criteria for designation of a landmark. In considering an individual
site, building or structure or district that is of particular historical,
archaeological, scenic or architectural significance to the Township
of Bloomfield, the County of Essex, the State of New Jersey or to
the nation which reflects or exemplifies the broad cultural, political,
scenic, economic or social history of the nation, state or locality,
the Historic Preservation Commission shall give consideration to the
following criteria:
[1]
May be of particular historic significance to the Township by
reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state or community;
[2]
May be associated with historic personages important in national,
state or local history;
[3]
If a site of a historic event which had a significant effect
on the development of the nation, state or community;
[4]
Embodies distinctive characteristics of a type, period or method
of architecture or engineering;
[5]
Represents the work of an important builder, designer, artist
or architect; significant for containing elements of design, detail,
materials or craftsmanship which represent a significant innovation;
[6]
Is able or likely to yield information important in prehistory
or history; or
[7]
Meets the criteria established by the National Register Criteria
for Evaluation in the Code of Federal Regulations (Title 36, Part
60), as same may from time to time be supplemented or amended.
(6)
Referrals from the Planning Board and Zoning Board of Adjustment. The Planning Board and Zoning Board of Adjustment shall refer to the Commission every application for development submitted to the Planning Board or Zoning Board of Adjustment for property in a designated historic district or on the property of a designated historic site. This referral shall be made by the Secretary to the Board or the Administrative Officer within 10 days after the application is deemed complete and prior to the hearing before the Planning Board or Zoning Board of Adjustment. Failure to refer the application to the Commission or the failure by the Commission to act on the application prior to the hearing before the Planning Board or Zoning Board of Adjustment shall not invalidate any such Board hearing or proceeding. However, failure to refer will not deprive the Commission of its jurisdiction to review an application for a permit under Subsection P(7) hereof, set forth below. The Commission shall hear such applications employing the procedures set forth in Chapter 302 and the criteria set forth in this Subsection P. The Commission shall prepare a written report, resolution, or correspondence to the Planning Board or Zoning Board with its findings and recommendations. The Commission may also designate a representative of the Commission to appear before the Planning Board or Zoning Board of Adjustment to testify at the hearing on the application and to explain any written report which may have been submitted.
(7)
Certificate of appropriateness.
(a)
Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Commission shall be required before
a permit is issued for any of the following, or, in the event no other
type of permit is otherwise required, before any work can commence
on a historic site or on any property in a historic district:
[1]
Partial or total demolition of any improvement;
[2]
Relocation of any improvement;
[3]
Change in the exterior elevation of any improvement, including,
without limitation, any increase in the square footage of the improvement,
and replacement of or modifications to siding, windows, doors, roofing
or fencing;
[4]
New construction of a principal or accessory building;
[5]
Removal or replacement of bluestone sidewalks; and
[6]
Any change in existing signs or exterior lighting or the addition
of new signage or lighting.
(b)
Actions not requiring a certificate of appropriateness.
[2]
Improvements to or demolition of a noncontributing improvement
if so identified as such in the survey report;
[3]
Interior improvements, unless the interior renovations would
have an impact on the exterior of the building;
[4]
Repair of existing siding, windows, doors, roofing or fencing,
provided there is no change in design, scale, materials or appearance;
[5]
Landscaping improvements;
[6]
Exterior or interior painting; and
[7]
When an improvement on a historic site or located within a historic district requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with Township codes without first obtaining a certificate of appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of its occupants or others and/or to maintain habitability. A request for the Commission's review shall be made simultaneously with the onset of emergency work, and no work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with the procedures set forth in this article. All work done under this section shall conform to the standards set forth in Subsection P(9) hereof.
(8)
Applications for a certificate of appropriateness.
(a)
All permit applications submitted to the Administrative Officer or the construction office shall be reviewed to determine whether an application for a certificate of appropriateness is required pursuant to the provisions of this Subsection P. Any such determination shall be made in writing, with copies to the applicant and the Commission.
(b)
For projects not requiring any other permit, it shall be the responsibility of the owner of property subject to this Subsection P and the owner's contractors to determine whether a certificate of appropriateness is necessary and to file the required application with the Commission.
(c)
Application procedure.
[1]
An application for a certificate of appropriateness shall be
made on forms created by the Commission, which shall be available
to the public through the Administrative Officer of the Township of
Bloomfield. Completed applications shall be returned to the Administrative
Officer. The application fee shall be $100.
[2]
In addition to the application forms created by the Commission
and the application fee, each application for a certificate of appropriateness
shall include:
[a]
A current survey showing all existing improvements,
including landscaping and fencing;
[b]
If any other permits were required, the permit
application in full;
[c]
Photographs of the subject property depicting existing
conditions of all improvements and all yard areas;
[d]
Photographs of the four nearest properties on each
side of the subject property and fronting on the same side of the
street;
[e]
Renderings of the property depicting proposed conditions;
and
[f]
Architectural plans, lighting plans, signage details,
manufacturer samples and all other documents depicting the proposed
improvements in sufficient detail as to allow the Commission to identify
the scope of the proposed improvements, how they would change the
appearance of the property, the materials proposed to be used, including
their textures and colors, and any other information the Commission
shall identify in its rules or regulations which will allow it to
fully review the impact of the proposed improvements.
(d)
Decisions by Commission.
[1]
The Commission shall review applications for certificates of
appropriateness at a public hearing. The applicant(s) shall be required
to appear or to be represented at any meeting of the Commission at
which the Commission will consider the application, regardless of
the ultimate findings and report of the Commission. All hearings shall
be recorded.
[2]
As soon as possible, but no later than 45 days after the Administrative
Officer has referred the application to the Commission, the Commission
shall return to the Administrative Officer its written report granting
or denying the application, which report may be stated in resolution
form. The Commission shall file said report with the Administrative
Officer, together with the certificate of appropriateness if granted,
within 10 days of the Commission's decision on the application and,
on the same date, shall forward a copy of the report and the certificate
of appropriateness to the applicant by personal service or by certified
mail, return receipt requested.
[3]
If, within the above forty-five-day period, the Commission has
denied the issuance application or recommended that the applicant
meet certain conditions, the Administrative Officer or construction
official, as the case may be, shall deny issuance of the permit or
include the conditions in the permit, consistent with the decision
of the Commission.
[4]
If the only permit required is the certificate of appropriateness,
the Administrative Officer or construction official shall determine
compliance with the Commission's decision in the same fashion as compliance
is determined for applications approved by the Planning Board or Zoning
Board of Adjustment.
[5]
Failure of the Commission to report within the forty-five-day
period, unless extended pursuant to these provisions, shall constitute
an approval of the application as submitted, without recommendations
or conditions.
[6]
Nothing herein shall prohibit an extension of time by mutual
agreement of the applicant and the Commission.
[7]
After a certificate of appropriateness has been issued by the
Commission, the Administrative Officer shall, from time to time, inspect
the work approved by the Commission and report to the Commission any
work not in accordance with such resolution of approval and the corresponding
certificate of appropriateness.
[8]
A certificate of appropriateness shall be valid for a period
of one year from the date of its issuance unless reasonable extensions
are granted by the Commission.
[9]
Issuance of a certificate of appropriateness, with or without conditions or recommendations, shall be deemed to be final approval pursuant to this Subsection P. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Township ordinance to be made prior to undertaking the action requested concerning historic sites or property in a historic district.
[10]
Denial of a certificate of appropriateness shall
be deemed to preclude the applicant from undertaking the activity
applied for.
(9)
Standards of review.
(a)
When making decisions pursuant to its authority under this Subsection P, the Commission shall be guided by the Master Plan, the purposes of this Subsection P, and the provisions of this subsection as may be applicable to the particular application. The Commission shall also be guided by the criteria set forth in the United States Department of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, and any other guidelines that may be adopted by the Commission or the Township of Bloomfield.
(b)
With respect to all applications submitted to the Commission,
the following factors shall be considered in the decisionmaking process:
[1]
The impact of the proposed change on the historic and architectural
significance of the site and/or the historic district.
[2]
The site's importance to the Township and the extent to which
its historic or architectural interest would be adversely affected
to the detriment of the public interest.
[3]
The extent to which the proposed action would adversely affect
the view of a historic site or within a historic district.
[4]
If the application concerns a property within a historic district,
the impact the proposed change would have on the district's architectural
or historic significance and the visual compatibility of the improvements
with the other properties in the district.
(c)
With respect to an application for new construction, the following
factors shall be also considered in the decisionmaking process:
[1]
Height. The height of the proposed improvements shall be visually
compatible with adjacent buildings.
[2]
Proportion of the building's front facade. The relationship
of the width of the building to the height of the front elevations
shall be visually compatible with the buildings and properties to
which it is visually related.
[3]
Proportion of openings within the facade. The relationship of
the width of windows and doors to the height of windows and doors
in a building shall be visually compatible with the buildings and
properties to which it is visually related.
[4]
Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with buildings and properties to which
it is visually related.
[5]
Rhythm of solids to voids on facades fronting on public places.
The relationship of solids to voids in such facades of a building
shall be visually compatible with buildings and properties to which
it is visually related.
[6]
Rhythm of entrances. The relationship of entrances and porches
to the street shall be visually compatible to the buildings and places
to which it is visually related.
[7]
Relationship of materials. The relationship of materials, texture
and color of the facade and roof of a building shall be visually compatible
with the predominant materials used in buildings to which it is visually
related.
[8]
Roof. The roof shape of a building shall be visually compatible
with the buildings to which it is visually related.
[9]
Continuity of walls. Appurtenances of a building such as walls,
open fencing, evergreens, and landscaping shall form cohesive walls
of enclosure along a street to the extent necessary to maintain visual
compatibility of the building with the buildings and properties to
which it is visually related.
[10]
Scale of buildings. The size of a building, mass
of a building in relation to open spaces, the windows, door openings,
porches and balconies shall be visually compatible with the buildings
and properties to which it is visually related.
[11]
Directional expression. A building shall be visually
compatible with buildings and properties to which it is visually related
in its directional character, whether this be vertical character,
horizontal character or nondirectional character.
[12]
Exterior features. A structure's related exterior
features, such as lighting, fences, signs, sidewalks, driveways, and
parking areas, shall be compatible with the features of those structures
to which it is visually related and shall be appropriate for the historic
period for which the structure is significant.
[13]
Nothing herein shall be deemed to require or prohibit
any particular architectural style; rather, its purpose is to preserve
the past by making the past compatible with and relevant to the present.
To that end, new construction upon or near a designated historic site
or within a designated historic district should not necessarily duplicate
the exact style of the historic site or historic district; however,
it must be compatible with and not detract from the historic site
and/or historic district.
(d)
With respect to an application for alterations and/or additions,
the following factors shall be considered in the decisionmaking process:
[1]
Design and materials. The proposed design and materials will
conform to the building's original architectural style when technically
and economically feasible. Although applicants are encouraged to utilize
materials and designs appropriate for the period when the structure
was built, the Commission can approve alternative materials and/or
design changes.
[2]
Original qualities. The distinguishing original qualities or
character of a building, structure or site and its environment should
not be destroyed. The removal or alteration of any historic material
or distinctive architectural features should be avoided when possible.
[3]
Acquired significance. Changes that have taken place in the
course of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
[4]
Repair versus replacement. When feasible, deteriorated architectural
features (e.g., windows, doors, shutters, trim, siding, etc.) should
be repaired rather than replaced. In the event replacement is necessary,
owners are encouraged to match the new material with the material
being replaced in composition, design, color, texture and other visual
qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features substantiated
by historic, physical or pictorial evidence rather than conjectural
designs or the availability of different architectural elements from
other buildings or structures.
[5]
Design of alterations. Contemporary design for alterations and
additions to existing properties should not be discouraged when such
alterations and additions do not destroy significant historic, architectural
or cultural material and such design is compatible with the size,
scale, color, material and character of the property, neighborhood
or environment.
[6]
Character of alterations. Wherever possible, new additions and
alterations to structures shall be done in such a manner that if such
additions or alterations were to be removed in the future, the essential
form and integrity of the structure would be unimpaired.
[7]
Synthetic materials. Synthetic materials are generally not acceptable
on a historic site or on a property within a historic district. However,
the Commission may approve alternative materials if the applicant
demonstrates its appropriate use. Architectural trim should be retained.
[8]
Window and door materials and openings. The number, size and
locations of original window and door openings should be retained
to the extent possible. Window and door openings should not be reduced
to fit stock material. New window and door openings should not be
added on elevations that are subject to view from a public street
unless the change would not adversely affect the historic district.
Vinyl, vinyl-clad, aluminum, and aluminum-clad windows and doors are
generally not acceptable on a historic site or on a property in a
historic district.
(e)
With respect to applications for the demolition of improvements
on a historic site or on property in a historic district, the following
matters shall be considered in the decisionmaking process:
[1]
Its historic, architectural, cultural or scenic significance;
[2]
If the improvement is within a historic district or on a historic
site, the significance of the improvement in relation to the historic
character of the district or site and the probable impact of its removal
on the district or site;
[3]
Its potential for use for those purposes currently permitted
by the Zoning Ordinance;
[4]
Its structural condition and the economic feasibility of alternatives
to the proposal;
[5]
Its importance to the Township and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest;
[6]
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense;
[7]
The extent to which its retention would promote the general
welfare by maintaining and increasing the real estate values, generating
business, attracting tourists, attracting new residents, stimulating
interest and study in architecture and design, or making the Township
an attractive and desirable place in which to live;
[8]
Whether a structure is deemed by the construction official to
be a hazard to public safety or health and repairs are impossible;
[9]
Whether a structure is a deterrent to a major public improvement
program which will be of substantial benefit to the Township;
[10]
Whether restoration of such structure would cause
undue financial hardship to the owner, which is defined as a situation
where more funds than are reasonable would be required to retain the
structure; and
[11]
Whether the retention of such structure would
not be in the interest of the Township as a whole.
(f)
With respect to an application to relocate an improvement on
a historic site or on a property within a designated historic district,
the following matters shall be considered in the decisionmaking process:
[1]
The historic loss to the site of original location and the historic
district as a whole;
[2]
The reasons for not retaining the improvement at its present
location;
[3]
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interests and values referred to in this Subsection P;
[4]
The probability of significant damage to the historic site or
the historic district;
[5]
If the proposed new location is within a historic district, visual compatibility factors as set forth in Subsection P(9)(c), above;
[6]
If it is to be removed from the Township, the proximity of the
proposed new location to the Township, including the accessibility
to the residents of the Township and other citizens;
[7]
Whether a structure is deemed by the construction official to
be a hazard to public safety or health and repairs are impossible;
[8]
Whether a structure is a deterrent to a major public improvement
program which will be of substantial benefit to the Township;
[9]
Whether restoration of such structure would cause undue financial
hardship to the owner, which is defined as a situation where more
funds than are reasonable would be required to retain the structure;
and
[10]
Whether the retention of such structure would
not be in the interest of the Township as a whole.
(g)
With respect to any application involving a historic site or
a property in a historic district with bluestone sidewalks in the
right-of-way along the property's frontage, the following shall apply:
[1]
No person shall remove or reconstruct any bluestone sidewalk
located on any public street or right-of-way in a historic district
or along the frontage of a historic site except pursuant to this section;
[2]
Any person seeking to remove, replace or reconstruct bluestone
sidewalk located on any public street or right-of-way in a historic
district or along the frontage of a historic site shall obtain a certificate
of appropriateness from the Commission prior to the issuance of a
permit permitting any work on a bluestone sidewalk;
[3]
All bluestone sidewalk removed upon the issuance of a permit
pursuant to this subsection shall be replaced with bluestone sidewalk;
and
[4]
All bluestone sidewalk removed pursuant to a permit issued pursuant
to this subsection shall be delivered to the Township at a location
designated by the construction official. The Township may use any
received bluestone to repair or replace damaged or missing bluestone
sidewalk in a historic district or fronting on a historic site.
(10)
Public reservation option in the event of denial of a demolition
application.
(a)
Whenever the Commission denies an application for a permit to
demolish or relocate an improvement on a historic site or on a property
in a historic district, the Administrative Officer shall refer the
application to the Planning Board for consideration under the provisions
of N.J.S.A. 40:55D-44.
(b)
If the Planning Board determines to exercise the public reservation
option under N.J.S.A. 40:55D-44, an appraisal of the fair market value
of the subject property, including improvements, shall be made, at
the Township's expense. The applicant or owner also may obtain an
appraisal of the fair market value of the subject property, at its
expense. If the applicant's or owner's appraisal is within 10% of
the Township's appraised fair market value, the fair market value
shall be determined to be the average of the two appraisals. If the
difference is more than 10%, and both appraisals were performed within
the same one-year period, the appraisals shall be referred to a third,
neutral appraiser to determine the fair market value, with the costs
of the third appraisal split between the Township and the applicant
or owner.
(c)
If the applicant or owner intends to continue to pursue the demolition or relocation application, regardless of any reservation by the Planning Board, it shall, for a period of one year from the date of the permit denial, make bona fide and diligent efforts to sell the subject property to any person, firm, organization, governmental agency or political subdivision that provides reasonable written assurance that it is willing to preserve the subject property. The applicant shall not be obligated to accept less than the subject property's fair market value as determined in Subsection P(10)(b), above.
(d)
The applicant may reapply for a certificate of appropriateness
after the passage of the one-year public reservation period if, during
the period of reservation, if any, or during the period in which the
property is offered for sale, bona fide and diligent efforts to sell
or otherwise transfer the property for fair market value prove futile.
Upon the Commission's satisfaction with the applicant's demonstration
of proof of bona fide and diligent efforts to sell or otherwise transfer
the property for fair market value, a certificate of appropriateness
shall be approved.
(11)
Appeals. The grant or denial of a certificate of appropriateness
may be appealed to the Zoning Board of Adjustment pursuant to the
provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70a. The
Zoning Board of Adjustment's review shall be based on the record created
before the Commission, without further testimony or evidence. The
appellant shall be responsible for providing the Board of Adjustment
and any other interested parties with a copy of the transcript of
the hearing before the Commission and all exhibits and other documents
presented to the Commission. The Commission's decision shall be affirmed
unless the Zoning Board of Adjustment determines that the Commission
lacked jurisdiction, acted in an ultra vires manner, or that its decision
was arbitrary and capricious. The Zoning Board of Adjustment can request
briefing from the appellant, the Commission and other interested parties
and shall permit all interested parties to make an oral presentation.
Nothing herein shall be deemed to limit the right of judicial review
by an interested party after an appeal is concluded by the Board of
Adjustment, or as provided by law.
(12)
Violations and penalties.
(a)
Any person who shall undertake an activity which requires approval from the Commission but fails to obtain that approval prior to conducting the activity shall be deemed to be in violation of this Subsection P. Upon learning of the violation, the Zoning Officer shall cause to be served personally upon the owner of the property whereon the violation is occurring a notice describing the violation and giving the owner 10 days to abate the violation by restoring the property or structure to its condition prior to the occurrence of the violation. If the owner cannot be personally served within the Township with a notice, a copy shall be posted on the Township website and a copy sent to the owner at their last known address as it appears on the Township tax records.
(b)
In the event that the violation is not abated within 10 days of service or posting on the website, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this Subsection P and specifying the wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of this Subsection P.
(d)
In lieu of the assessment of penalties, the Zoning Officer is authorized to seek injunctive relief ordering the owner of the property and/or its agents or others conducting the activity in violation to halt that activity and restore the property to its condition prior to the activity in violation. Such action shall be filed in the Superior Court of New Jersey, Law Division. Such injunctive relief may be in addition to the penalties authorized under this section of this Subsection P.
(13)
Designation and regulation of historic districts.
(b)
Zoning regulations governing historic districts.
[1]
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[3] and as follows:
[a]
In the H-D 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.
[b]
All other underlying zoning district regulations
applicable to properties in the H-D Bloomfield Green Historic District
shall govern development in the district.
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.
[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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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 use to the nearest property line of land upon which is situated a school, church, park or other use described in Subsection B(5)(b).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 three square feet. Such sign shall meet all other provisions
of this chapter governing signs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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, CORD and PR
Zoning Districts, wireless communications facilities shall be permitted
on existing buildings only if:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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, CORD and CC Districts,
wireless communications facilities shall be permitted only if:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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 as an attachment to 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)
Cannabis
establishments, cannabis distributors and cannabis delivery services.[2]
[Added 8-16-2021 by Ord. No. 21-31[3]]
(a)
Cannabis cultivators, cannabis distributors, cannabis manufacturers, cannabis wholesalers and cannabis delivery services are not permitted in any zoning district. Cannabis retailers are permitted conditional uses in the CBD Central Business District and the B-2 Neighborhood Business District. Cannabis retail sales are also a permitted use in the Bloomfield Center Redevelopment District - Phase I Commercial Corridor and the Bloomfield Center Redevelopment District - Phase II, subject to a regulatory scheme different from the conditional use standards set forth herein. Deviation from the Phase I Redevelopment Plan and the Phase II Redevelopment regulatory scheme shall be reviewed under the criteria set forth in N.J.S.A. 40:55D-70c, except no deviation from site plan approval requirements shall be permitted. The numerical limits and all submission requirements applicable to applications in the CBD Zone or the B-2 Zone set forth herein shall be also applicable to applications for properties governed by either the Phase I Plan or the Phase II Plan. There are 11 noncontiguous B-2 Zones established in the Township and three noncontiguous CBD Zones. Four B-2 Zones are located north of Bay Avenue (the "Northern Sector"); one B-2 Zone is bifurcated by Bay Avenue, with a portion north and a portion south of the Bay Avenue center line; two B-2 Zones are entirely south of Bay Avenue and north of the Norfolk-Southern Railway Line (the "Central Sector"); and four B-2 Zones are located south of the Norfolk-Southern Railway Line (the "Southern Sector"). The three CBD Zones are all located in the Southern Sector. As dictated by the Township's enabling ordinance, a total of eight cannabis retailers are permitted throughout the Township, with no more than four permitted in the Northern Sector of the Township (including the portion of the B-2 Zone north of the Bay Avenue center line); no more than four permitted in the Central Sector (including the portion of the B-2 Zone south of the Bay Avenue center line); and no more than four permitted in the Southern Sector, irrespective of which of the two zones they may be located in. No variance shall be granted permitting any greater number of cannabis retailers or microbusinesses either throughout the Township or in any individual sector, whether to be located in a zoning district or a redevelopment area. Any such increase must be by an amending ordinance. Deviations from the conditional use standards set forth in Subsection B(9)(e), below, shall require variances pursuant to N.J.S.A. 40:55D-70(d)(3
[Amended 1-24-2022 by Ord. No. 22-3; 4-11-2022 by Ord. No. 22-22; 4-11-2022 by Ord. No. 22-24; 5-22-2023 by Ord. No. 23-24]
(b)
All cannabis retailers shall be subject to site plan review prior to offering personal use cannabis sales. Submitted site plan applications shall include a resolution of support from the governing body; approval of a security plan, as described in § 315-39B(9)(d) below, from the Bloomfield Police Department; and proof of conditional or annual license approval by CRC. No site plan application shall be deemed complete, and the Planning Board, or the Zoning Board of Adjustment, as jurisdictional requirements may dictate, shall not have jurisdiction to hear an application, without the foregoing.
[Amended 8-15-2022 by Ord. No. 22-50]
[1]
Any resolution of support adopted by the governing body and granted
to an applicant is nontransferrable to a successor business, owner
or subsequent operator at the approved site specified in said resolution.
[2]
Any resolution of support adopted by the governing body and granted
to an applicant is nontransferrable to any other site in Bloomfield
not specified in said resolution that may be controlled by the same
ATC or retailer.
(c)
Submitted plans shall depict parking and loading areas, floor plans,
building elevations, signage, landscaping, and an exterior queuing
area for customers sufficient to accommodate a number of people equal
to the number of on-site parking spaces, which queuing area shall
not interfere with on-site parking and circulation and shall be located
at least 10 feet from any public right-of-way.
[Added 8-15-2022 by Ord. No. 22-50[4]]
[4]
Editor's Note: This ordinance also redesignated former Subsection
B(9)(c) through (g) as Subsection B(9)(e) through (i), respectively.
(d)
Any applicant for a dispensary shall coordinate with the Chief of
Police or his or her designee, regarding the measures to be taken
to ensure the security of the facility and the safety of the public
and facility employees. Such measures may include, but are not limited
to, facility access controls, surveillance systems, site lighting,
and on-site security personnel. Said coordination shall occur in conjunction
with any application for a zoning permit or variance relief for a
dispensary, and no application shall be deemed complete by the Zoning
Officer without a security plan approved by the Chief of Police, or
their designee. Said coordination shall be ongoing, as needed, to
address any security or safety issues.
[Added 8-15-2022 by Ord. No. 22-50]
(e)
Cannabis retailers shall be permitted in the CBD Zone and B-2 Zone, subject to the numerical limitations set forth in Subsection B(9)(a), and provided any such business conforms with the following standards:
[1]
A cannabis retailer's premises shall not be located in or upon
any premises in which operates a grocery store, delicatessen, indoor
food market, or other store engaging in retail sales of food, or in
or upon any premises in which operates a store that engages in licensed
retail sales of alcoholic beverages.
[2]
Parking shall be at the ratio of one space per 150 square feet
of "customer service area," which for cannabis retailers shall be
defined to include only those areas of the building interior utilized
by customers to complete the purchase of product, and thus shall not
include sales counters or display areas, employee sales areas, doorways,
lobbies and check-in areas, public bathrooms and vestibules leading
to public bathrooms, stairwells, elevator shafts and their lobbies,
and conference rooms or similar areas where private meetings are held,
even if with members of the public. All required parking must be on
site. (Any fraction of a space equaling or exceeding 0.5 shall be
rounded up.)
[3]
Twenty percent of on-site parking spaces (but no more than 10
and no less than two) shall be devoted to parking for customers and
delivery services picking up preordered product. Such spaces shall
be signed accordingly, with a ten-minute parking limitation posted
on the sign. (Any fraction of a space equaling or exceeding 0.5 shall
be rounded up.)
[4]
No cannabis retailer shall be located within 200 feet of a public
or private elementary or secondary school, and Bloomfield Board of
Education home athletic venues. Distance shall be measured from the
closest points of the two properties.
[Amended 8-15-2022 by Ord. No. 22-49; 5-22-2023 by Ord. No. 23-24]
[5]
No cannabis retailer shall be located within an historic district.
[6]
Cannabis consumption areas are prohibited, both indoors and
outdoors.
[7]
Drive-through services are prohibited.
[8]
Any site proposed for use by a cannabis retailer shall be subject
to site plan review by the appropriate land use board prior to the
commencement of cannabis sales for personal use, irrespective of the
use of the property prior to the cannabis retailer.
[9]
No cannabis-related products shall be visible from the exterior
of the building. Notwithstanding anything to the contrary in this
chapter, a cannabis retailer may cover any exterior glazing in a manner
which effectuates this limitation, provided such window coverings
are aesthetically appropriate and depicted on the plans submitted
for site plan review.
(f)
Any applicant for a dispensary shall coordinate with the Chief of
Police, or their designee, regarding the measures to be taken to ensure
the security of the facility and the safety of the public and facility
employees. Such measures may include, but are not limited to, facility
access controls, surveillance systems, site lighting, and on-site
security personnel. Said coordination shall occur in conjunction with
any application for a zoning permit or variance relief for a dispensary
that has been deemed complete by the Zoning Officer, and shall be
ongoing, as needed, to address any security or safety issues.
(g)
Subject to the requirements and limitations of state law, the municipality
shall have the reasonable right to inspect the premises of any approved
dispensary during its regular hours of operation to ensure compliance
with local ordinances and regulations.
(h)
Enforcement shall be consistent with the provisions of Article VIII of Chapter 315, Land Development and Zoning. Operation of any prohibited or unpermitted cannabis business establishment within the municipality in violation of the provisions of § 315-39B(9) is hereby declared a public nuisance and any such violation shall be abated pursuant to all available remedies.
(i)
Whenever the Cannabis Regulatory Commission established by the Act[5] (the "Commission") forwards to the municipality any application
for initial licensing or renewal of an existing license for any cannabis
establishment or delivery service pursuant to Section 19 of the Act[6] or for a cannabis consumption area pursuant to Section
28 of P.L.2019, c. 153 (N.J.S.A. 24:6I-21), or otherwise solicits
the position of the municipality on any matter related to cannabis-related
activities within the municipality, or upon the request of an applicant
for or holder of such license, the governing body shall determine
whether the application complies with the municipality's restrictions
on the number of cannabis establishments or delivery services, and
on their location, manner, or times of operation, and promptly inform
the Commission, applicant for or holder of a license whether the application
complies with same and whether it either approves or denies each application
or other request for municipal authorization forwarded to it. Notwithstanding
the forgoing, nothing herein shall prohibit any elected or appointed
official or employee from expressing their opinions or views on cannabis-related
matters in their personal or individual official capacity, or endorsing
an applicant for or holder of a license issued by the Commission,
provided that such official shall not represent that their opinions
or views are those of the municipality unless based on a duly adopted
ordinance or resolution of the municipality, or other action of a
majority of the governing body.
(10)
Use of existing detached garage as in-law suite.
[Added 11-13-2023 by Ord. No. 23-53[7]]
(a)
The Planning Board may grant a conditional use so as to permit
within a one-family home the occupancy and use of existing detached
garages in the R-1A Zone as in-law suites, with separate kitchen and
bathroom facilities, for use by the parent, parents, or adult dependent
relatives of one of the owner-occupants or tenant-occupants if, after
a public hearing, the Board finds and requires that an application
complies with the following:
[1]
The exception requested is for the purpose of accommodating
not more than two members of a family who are a parent, the parents
or adult dependent relatives of one of the owner-occupants or tenant-occupants
of the principal dwelling unit and who are of such an age or of such
condition of health as to require special consideration.
[2]
The garage is preexisting and on the same property as the original
principal dwelling and is located in the rear yard only. The Board
shall not permit the new construction of a garage for the purpose
of this conditional use.
[3]
The property has a minimum area of 8,500 square feet.
[4]
Residential use of the garage shall only be permitted on the
ground floor.
[5]
The minimum habitable floor area for conversions shall be 500
square feet.
[6]
The gross floor area of the garage may be expanded, but any
addition for habitable space may only be horizontal and the maximum
habitable floor area shall not exceed 750 square feet. Second floor
additions may only be permitted for storage.
[7]
Shall include at least three surface or driveway parking spaces,
which shall not block ingress and egress from the garage space, and
which shall be available for use by occupants of the garage and principal
dwelling.
[8]
The owner-occupants or tenant-occupants of the principal dwelling
unit and the person or persons accommodated by the exception shall
submit affidavits to the Township of Bloomfield certifying that no
landlord-tenant relationship will be created by the accessory unit,
and affidavits so stating shall be submitted annually by both parties
at the time of application for certificate of occupancy renewal.
[9]
The dwelling unit, building and premises will comply with all
other laws and ordinances in all respects if the application is granted.
[10]
The said owners will enter into a written agreement
with the Township of Bloomfield, in a form created by the Township
and sufficient for recording in the office of the Register of Essex
County, which said agreement shall be subject to the approval of the
Township Attorney, whereby the said owners will agree that such use
of the premises shall terminate at such time as the applicant no longer
owns or occupies the said premises or at such time as the parent or
the parents no longer occupy the said premises, whichever shall first
occur.
[11]
The owner will obtain a certificate of occupancy
for the conditional use and renew said occupancy certificate once
a year in the month of January for the duration of the use, presenting
at the time of such renewal proof in the form of an affidavit that
the circumstances for which the conditional use was granted have not
changed. The accessory dwelling shall be subject to annual inspection
as part of the occupancy certificate renewal.
[12]
The applicant shall provide notice of all Planning
Board hearings on the application to the owners of all real property
as shown on the current tax duplicates located within 200 feet in
all directions of the property, which is the subject of such hearing,
and as may be further required by the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
[13]
The grant of such conditional use shall not become effective and a certificate of occupancy shall not be issued until such time as the owner has delivered to the Township Attorney the agreement required under Subsection B(10)(a)[11], duly executed, together with the funds necessary to cover the cost of the recording of said agreement with the Register of Essex County.
[14]
A use permitted by this section shall be deemed
abandoned when at any time any of the above requirements cease to
be complied with.
[7]
Editor's Note: This ordinance also redesignated former Subsection
B(10) as Subsection B(11).
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 400-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.
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
|
See § 315-38L(5)(b)
|
|
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.
|
[Amended 4-13-2015 by Ord. No. 15-18; 1-24-2022 by Ord. No. 22-1]
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 businesspeople. Reasonable control of signs promotes a
desirable visual environment and enhances public safety. The purpose
of the regulations and standards that follow is to encourage uniformity
in signage through the use of either internal or external illumination,
depending on the proximity of the front building wall to the right-of-way,
while recognizing that businesses will seek to utilize unique sign
designs to best promote their brands. Flexibility in sign design will
allow businesses to effectively and visibly communicate their brand,
while maintaining and enhancing the Township's ability to attract
beneficial sources of economic development. Signage should be aesthetically
pleasing, improve pedestrian and traffic safety, and minimize the
possible adverse effect of signs on nearby public and private property
values. 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 fair, consistent and effective 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 and their impact on vehicular and pedestrian traffic and adjacent properties.
(b)
Minor site plan approval. Except for signs for detached one-
and two-family dwellings and signs for a development in which the
Zoning Board of Adjustment retained jurisdiction over signage as a
condition of approval, 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) below, 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. 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 forms 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 or rendering 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, along with a photograph of the
facade of the building on which the sign is installed with the proposed
sign superimposed on the photo.
[5]
Photographs of signage on the same side of the street of the
subject property within 100 feet in each direction.
[6]
Written consent of the owner of the building, structure or land
to which or on which the structure is to be erected.
[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 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.
(5)
A-FRAME OR SANDWICH SIGN
ANIMATED SIGN
APPLIED LETTERS
AREA IDENTIFICATION SIGN
AWNING SIGN
AWNINGS and CANOPIES
BANNER
BEACON
BILLBOARD or OUTDOOR ADVERTISING SIGN
BUILDING MARKER
BUILDING SIGN
BULLETIN BOARD
BUSINESS SIGN
CANOPY
CANOPY SIGN
CHANGEABLE MESSAGE
COMMERCIAL MESSAGE
DIRECTIONAL SIGN
DIRECTORY SIGN
ERECT
ESTABLISHMENT
EXTERNALLY ILLUMINATED SIGN
FACADE
FLAG
FLASHING SIGN
FREESTANDING OR GROUND SIGN
ILLUMINATED SIGN
INCIDENTAL SIGN
INTERNALLY ILLUMINATED SIGN
MARQUEE
MARQUEE SIGN
MONUMENT SIGN
NAMEPLATE SIGN
NEON SIGN
NONCONFORMING SIGN
OFFICIAL SIGN
OUTDOOR ADVERTISING SIGN
OVERHANGING SIGN
PENNANT
PERSON
POLITICAL SIGN
PORTABLE SIGN
PROFESSIONAL SIGN
PROJECTING SIGN
PUMP ISLAND CANOPY SIGN
PYLON SIGN
REAL ESTATE SIGN
ROOF SIGN
SETBACK
SHOPPING CENTER OR MALL
SIGN
SIGN AREA
SIGN STRUCTURE
TEMPORARY SIGN
WALL SIGN
WINDOW
WINDOW SIGN
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 this section. All other words and phrases
shall be given their common ordinary meanings, unless the context
clearly requires otherwise.
[Amended 7-18-2022 by Ord. No. 22-48]
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.
Any sign that uses movement or change of lighting to depict
action or the illusion of movement or create a special effect or scene.
A type of wall sign utilizing letters or a logo individually
mounted on the facade of the structure to form the sign message.
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.
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.
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.
Any sign printed or displayed upon cloth or other flexible
material, with or without frames, including "feather" signs. 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.
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 Administration or similar agencies.
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.
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.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
Any changeable message 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.
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.
See "awnings and canopies."
See "awning sign."
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.
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.
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.
A sign listing the tenants or occupants of a building.
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.
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.
Any illuminated sign whose illumination is derived from an
external artificial source outside the display portion of the sign.
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.
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.
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.
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, including both monument signs and
pylon signs.
A sign which is lighted by a self-contained interior light
or by lights projected or directed onto it.
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.
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.
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.
Any sign attached to, in any manner, or made a part of a
marquee.
A type of freestanding sign in which the base of the sign,
or the bottom of the sign itself, is close to or in contact with the
ground.
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.
Self-luminous electric signs usually constructed of glass
tubing containing a vapor or gas configured to form a display or lettering.
Any sign that does not conform to the requirements of this
chapter.
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.
See "billboard."
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.
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.
Any individual, association, company, corporation, firm,
organization, partnership, or governmental entity.
A sign advancing the candidacy of any candidate or group
of candidates for public office or a cause subject to political judgment.
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.
A sign listing only the name, profession and/or specialty
of each practitioner.
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.
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.
A type of freestanding sign with which the signboard is mounted
on one or more poles or other support which elevates the signboard
six feet or more above grade.
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.
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.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
to the property line.
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.
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. Notwithstanding the above, storefront window displays
shall not be deemed signs.
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.
The method employed to support any sign except a window sign.
Any sign that is used only temporarily and is not permanently
mounted.
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.
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.
A sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service, that is placed upon a window pane 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. Such signs may be
posted no earlier than 60 days prior to the event advertised and shall
be removed within seven days after the event's conclusion.
(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)(i). All signs exempt under this provision shall be externally illuminated.
(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 poles
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)
Fluorescent signs or signs using fluorescent lighting.
(c)
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.
(d)
Marquee signs, except for uses that typically utilize such signs,
such as motion-picture and stage theaters.
(f)
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.
(g)
Signs mounted upon the exterior side or rear walls of any building
or structure, except as otherwise permitted hereunder.
(h)
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.
(i)
Changeable message signs, except as permitted by § 315-42A(6)(d).
(j)
Signs erected, painted or composed of fluorescent, phosphorescent
or similar material.
(k)
Banners, strings 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.
(l)
Balloons or other inflatable signs and ground-mounted banner
signs.
(m)
Signs on vehicles. It shall be unlawful to use a vehicle or
a trailer as a sign in circumvention of this section.
(n)
A-frame or sandwich board signs, except as permitted herein.
(o)
Signs painted on the exterior walls or facade of a building.
(p)
Signs on accessory buildings or structures.
(q)
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)(q)[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.
(r)
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 and illumination of signs.
[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)
Lighting and illumination. Any sign permitted by the provisions of
this chapter, except awning and canopy signs, may be illuminated as
permitted in this section, except that real estate signs shall not
be illuminated. Signs may be externally or internally illuminated,
provided that they comply with the following standards. "Internally
illuminated" signs shall be illuminated by a light source that shines
through the letters or logos of the sign from behind the faceplate
or applied letters. Internally illuminated signs are prohibited if
the light is visible through any part of the faceplate other than
letters and logos. "Externally illuminated" signs shall be illuminated
by a light source that shines directly on the surface of a sign or
which shines only on the wall upon which applied letters are installed
and not through the letters, creating a halo effect.
(a)
Internally illuminated signs, where permitted, shall conform
to the following standards:
(b)
Externally illuminated signs shall conform to the following
standards:
[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 and the lighting
is designed to illuminate only the signage.
[2]
Flashing or intermittent lighting is prohibited.
[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)
Except as set forth in Subsection A(9)(e), below, all signage for residential uses shall be externally illuminated.
(d)
For nonresidential uses, all signage may be internally or externally
illuminated, provided that for multi-tenanted commercial developments,
such as shopping centers or other buildings with multiple storefronts,
there shall be uniformity in the lighting of all wall signs.
(e)
In mixed residential and commercial buildings, internally or
externally illuminated signs are permitted for all uses provided that
there is uniformity in the lighting technique utilized on the site.
(f)
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. All applications
for a sign permit, and all applications for signage relief filed with
either the Planning Board or Zoning Board of Adjustment, shall provide
information necessary to determine compliance with this requirement
and the requirement that light from an internally illuminated sign
will be visible only through letters and logos.
(g)
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., unless permitted to remain open beyond that
time by other municipal ordinances.
(h)
Exposed lighting in or around windows or on the facade of a
building, except for holiday displays and security lighting, is prohibited.
No exposed lighting permitted hereby shall exceed the permitted footcandles
set forth above.
B.
Signs permitted for nonresidential uses and mixed-use buildings. The following signs are permitted for all principal commercial and office uses, regardless of the zone in which they are located, and shall require a sign permit in accordance with § 315-42A(4). Signs for home occupations are governed by Subsection C, below. Unless otherwise set forth herein, no more than two types of signs are permitted on any one site. In multi-occupant developments where different establishments on the same site have separate exterior entrances for the public, such as mixed-use buildings and multi-tenanted commercial sites, each such establishment shall be permitted to erect two types of signs which conform to the regulations set forth below, provided the sign types and sign illumination are uniform throughout the site. For shopping centers, a pylon sign is a permitted third sign. For office uses in the PO/R District, only one wall sign or monument sign is permitted.
(1)
Wall-mounted signs, 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 sign shall not exceed 10% of the ground floor
building facade area devoted to the promoted use, or 48 square feet,
whichever is less; except signs which are located more than 20 feet
from a public right-of-way shall not exceed 10% of the ground floor
facade area devoted to the promoted use or 70 square feet, whichever
is less;
(c)
The top of the sign shall not extend above the height of the
ground floor of the building. If a building is designed with a sign
band, all wall signs shall fit within the sign band. If there is no
sign band, all wall signs on the same site shall be installed at the
same height;
(d)
Wall signs are permitted only for establishments which occupy
the ground floor of buildings (including residential lobbies) and
have at least one entrance facing a public street. Wall signs shall
be located on the facade facing the public street, shall promote only
the use occupying the space accessible from the front entrance, and
shall not be allocable to other uses; and
(e)
Wall signs are limited to one sign per building per street frontage,
each of which shall conform to the size requirements of this subsection,
except additional wall signs are permitted as follows:
[1]
In multi-tenanted developments where different establishments
on the same site have separate exterior entrances for the public,
such as mixed-use buildings, commercial shopping centers and other
buildings with multiple storefronts, each such establishment shall
be permitted to erect a wall sign conforming to this subsection, provided
all such wall signs are similarly illuminated and installed within
an architectural sign band or at the same height.
[2]
A second 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 sign does not face the same
street frontage as the primary wall sign.
[3]
Additionally, a wall-mounted building directory sign identifying
the occupants of a commercial building, including upper-story commercial
uses, shall be permitted, provided 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 height of the sign is approximately six feet;
[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.
[4]
Pump island canopy signs, up to a maximum of two, are permitted
for gasoline service stations if such signs will be visible to traffic
on the adjacent street. The sign shall not be illuminated, the height
of the letters, numbers or graphics of the sign shall not exceed eight
inches and the total area of each sign shall not exceed three feet.
(f)
All wall-mounted signs shall be constructed of wood, painted
metal, painted cast metal, stainless steel, bronze, brass or anodized
aluminum. The face of box signs and applied letters may be plastic.
(2)
Projecting signs, including graphic or icon signs, mounted perpendicular
to the building wall, provided the following standards are met:
(a)
The building is set back no further than five feet from a public
right-of-way;
(b)
The signboard does not exceed an area of four square feet;
(c)
The distance from the ground to the lower edge of the signboard
shall be seven feet or greater, but no higher than the ceiling height
of the ground floor;
(d)
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 ceiling height of the second story,
if attached to a multistory building;
(e)
The distance from the building wall to the signboard does not
exceed 12 inches;
(f)
The width of the signboard does not exceed three feet;
(g)
The height of the lettering, numbers or graphics of the sign
does not exceed eight inches;
(h)
Projecting signs shall be limited to one sign per building,
irrespective of the number of establishments occupying the building.
A projecting sign may advertise more than one establishment located
in the same building, provided the sign does not exceed the provisions
of this subsection. If a site is developed with more than one building,
each building shall be entitled to one projecting sign; and
(i)
All projecting signs shall be constructed of wood, painted metal,
painted cast metal, stainless steel, bronze, brass or anodized aluminum.
The face may be plastic.
(3)
Window or door signs, provided that the following standards are met:
(a)
Window signs shall not cumulatively exceed 20% of the ground
floor window area of the establishment and shall not reach a height
greater than half the height of the window or five feet above the
grade outside the window to which they are attached, whichever is
lower.
(b)
The height of the sign's lettering and numbers shall not exceed
four inches.
(c)
Doors shall be permitted to have painted numbers and letters
indicating the street address, the name of the business and the hours
of operation painted on or above the door. The height of the lettering
and numbers 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 on the valance, which shall be no higher than six inches.. As set forth in Subsection B(4)(d) below, signage on the upper face of an awning shall be permitted only if the awning sign is the only signage for the establishment. Awnings over doors may include only the street number of the address, unless it is the only awning with signage. If a building has more than one street frontage, signage on awnings along each street frontage shall comply with the requirements of this subsection.
(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 (as measured from the bottom of the valance to the
highest point of the awning or canopy). 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. All window awnings installed along a street frontage on
the same block shall be the same color, shape and size and shall be
installed at an identical height.
(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 50% of the valance 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, phone number and website address. 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 upper face of the awning or canopy, 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, telephone number and website address of the establishment is permitted on the valance, but must conform to the requirements of Subsection B(4)(c), above.
(e)
Marquee signs are permitted only for stage or motion-picture
theatres and shall conform to the requirements of this subsection,
and may not be used in addition to any other sign.
(f)
All awnings and canopies, except marquees, shall be constructed
of canvas.
(g)
Awnings and canopies shall not be internally illuminated, which
shall include a prohibition on lights installed on the underside of
the awning or canopy. Marquees may be internally or externally illuminated.
(5)
Freestanding signs, when fronting on a public or private street or
parking area, are permitted, 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 a monument 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;
(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 20 square feet;
(e)
The area of the signboard for a monument sign in the PO/R District
shall not exceed 10 square feet;
(f)
The height of the lettering, numbers or graphics of the sign
shall not exceed eight inches for a monument sign and 12 inches for
a pylon sign;
(g)
The height of the top of the signboard of a monument sign, or
of any posts, brackets, or other supporting elements, shall not exceed
12 feet from grade;
(h)
The signboard of a monument sign shall be architecturally compatible
with the style, composition, materials, colors and details of the
building;
(i)
A monument sign may be internally illuminated provided it is
more than 20 feet from a public right-of-way;
(j)
Pylon signs no higher than 20 feet from grade shall be permitted
in lieu of a monument sign for shopping centers and auto-related businesses
only. Pylon signs shall be set back at least seven feet from the street
right-of-way. Such signs may be internally illuminated, provided light
shines through lettering, numbering or logos only and not through
the faceplate; and
(k)
Freestanding signs shall be limited to one sign per street frontage.
Any freestanding sign may advertise more than one establishment located
at the same site, provided the sign does not exceed the provisions
of this subsection.
(6)
Service entrances may be identified with one sign not exceeding two
square feet in area, which shall not count toward the sign limitations.
(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 six 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 and office establishment shall identify the number
of its address on a minimum of one sign facing each street or parking
lot.
C.
Signs for residential uses and home occupations. The following signs are permitted for residential uses, except for residential uses in a mixed-use building, which are governed by § 315-42B, above, and for home occupations. All residential signs and all signs for home occupations shall require a sign permit in accordance with § 315-42A(4), although no permit is required for signs permitted by Subsection C(1), below. All signs shall be externally illuminated.
(1)
For one- and two-family detached dwellings, a sign showing the name
of the owner/occupant and the street address which shall not be larger
than one square foot in area.
(2)
For home occupations, a sign stating the name and business of the
occupant which shall not exceeding three square feet in area, and
which shall be located no closer than 10 feet to any property line.
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 Requirements and 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, Chapter 497, Streets and Sidewalks, Article VIII, Obstruction of Vision; and Chapter 508, Swimming Pools.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
