[HISTORY: Adopted by the Town Council of the Town of Newton 4-9-2012 by Ord. No. 2012-12. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Transect Zone Map
Flood damage prevention — See Ch. 120.
Historic preservation — See Ch. 139.
Land use procedures — See Ch. 166.
Land subdivision and site plan review — See Ch. 240.
Stormwater control — See Ch. 258.
Title and purpose. This chapter shall be known and may be cited as the Form-Based Code Zoning Ordinance of the Town of Newton.
Provisions of this Code are activated by "shall" when required; "should" when recommended; and "may" when optional.
The provisions of this Code, when in conflict, shall take precedence over those of other codes, ordinances, regulations and standards except the local health and safety codes.
Chapter 240, Land Subdivision and Site Plan Review, shall continue to apply to development applications where appropriate. In the case of conflicting provisions, the provisions of the Form-Based Code Zoning shall apply. The requirements of this chapter shall not be construed to eliminate the need for an applicant or property owner to obtain approvals from other agencies with jurisdiction, such as the county or the State of New Jersey.
Where in conflict, numerical metrics shall take precedence over graphic metrics.
Intent. The intent and purpose of this Code is to enable, encourage and qualify the implementation of the following policies:
That neighborhoods and regional centers should be compact, pedestrian-oriented and mixed-use.
That neighborhoods and regional centers should be the preferred pattern of development and that districts specializing in a single use should be the exception.
That ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive.
That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips.
That within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.
That appropriate building densities and land uses should be provided within walking distance of transit stops.
That civic, institutional, and commercial activity should be embedded in downtowns, not isolated in remote single-use complexes.
That schools should be sized and located to enable children to walk or bicycle to them.
That a range of open space including parks, squares, and playgrounds should be distributed within neighborhoods and downtowns.
The block and the building:
That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places.
That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas.
That the design of streets and buildings should reinforce safe environments, but not at the expense of accessibility.
That architecture and landscape design should grow from local climate, topography, history, and building practice.
That buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods.
That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-government.
That civic, historic and landmark buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the Town.
That the preservation and renewal of historic buildings should be facilitated, to affirm the continuity and evolution of society.
That the harmonious and orderly evolution of urban and suburban areas should be secured through form-based codes.
That municipalities should provide meaningful choices in living arrangements as manifested by distinct physical environments.
Locate your parcel on the Transect Zoning Map and identify the parcel and transect zone or special district that your parcel is located in.
Transect Zone Map. The following map, "Transect Zone Map," codifies the location and identification of each transect as well as special districts within the Town. The permitted uses for each transect zone or special district are listed in § 320-2C.
Editor's Note: The map is included at the end of this chapter.
Transect zone district and special district descriptions. The following subsection provides the general description and character of each transect zone district and special district.
T-1 — Natural Areas. The T-1 Transect Zone covers the majority of wetlands, water and wetland buffers and lands which are already preserved from development including parks and cemeteries. Uses permitted in the T-1 Transect include parks and recreation uses for active parks, ecoparks and nature preserves for passive recreation including walking trails and bike paths.
T-2 — Rural Reserved Areas. The T-2 Transect Zone covers large tracts of land that are undeveloped, farmlands, former quarries, etc., which are located in the outskirts of Town and should be preserved from intensive development and kept as areas which are open and rural in nature.
T-3 — Neighborhood Residential. The T-3 Transect Zone covers the majority of the single-family residential areas that span out from the downtown and neighborhood center areas and permitted uses generally include single-family residential and accessory apartments.
T-4 — Neighborhood Services. The T-4 Transect Zone covers smaller mixed-use neighborhood centers and supports larger neighborhood centers that provide local services to neighborhoods. T-4 uses are generally mixed-use buildings with retail and/or offices on the first floor and offices and/or apartments on the upper floors.
T-5 — Town Core Support Area/Neighborhood Cores. The T-5 Transect Zone covers the area surrounding the Town Core that provides the majority of the housing and employment that directly supports the Town Core. The T-5 Transect also provides for Neighborhood Cores to serve some of the neighborhoods which are closer to the Town Core area. The permitted uses in the T-5 Transect generally include mixed-use, hotels, offices and multifamily buildings.
T-6 — Town Core. The T-6 Transect is a higher density, mixed and multiple use downtown area. This area provides for the majority of retail and commercial uses within the Town and should be identified as the Central Business District within the Town. This area has residential and office uses over the commercial uses to support day and evening uses in the downtown.
Special District 1: Hospital District - SD-1 covers the Newton Medical Center and support services for the hospital. The district is intended for hospital and medical uses and offices.
Special District 2: College District - SD-2 covers the Sussex County Community College campus. The district is intended for a college use and college support services. Student housing is permitted.
Special District 3: Retail/Manufacturing District - SD-3 covers the area along US Route 206 at its intersection with North and South Park Drive. This area includes existing large-scale retail and industrial uses. The area has potential to accept relocated light manufacturing and industrial uses which currently exist in redevelopment areas.
Special District 4: Industrial/Manufacturing District - SD-4 covers the existing industrial site and adjacent lands along and across from Sparta Avenue. This area includes an existing manufacturing facility and has potential for additional manufacturing and light industrial development to provide industries and employment within the Town. This area also has potential to accept relocated light manufacturing and industrial uses which currently exist in redevelopment areas. Where proposed development abuts residential areas, year-round buffers should be provided.
Special District 5: Office/Manufacturing District - SD-5 covers the Sparta Avenue redevelopment area, where office, light industrial and manufacturing uses are permitted.
Special District 6: Schools District - SD-6 covers the Newton High School, Halsted Street School and Merriam Avenue Elementary School. The district is intended for school uses and support services.
Special District 7: Senior Community District - SD-7 covers the Bristol Glen/United Methodist Homes Continuing Care and Assisted Living Facility. This district is intended for a continuing care retirement community and related support services.
Special District 8: Power Substation District - SD-8 covers the Newton Power Substation. The district is intended for use as a power substation and related uses.
Special District 9: Planned Neighborhood Development District - SD-9 covers approximately 52 acres along High Street at the western edge of Town. This area is intended for a planned mixed-use and residential district that will incorporate affordable housing.
Permitted uses. The following tables show permitted uses by transect zone and special district. A mix of uses is permitted based on building types designated as such. Unless expressly permitted in the table, all other uses are deemed to be prohibited.
[Amended 6-25-2012 by Ord. No. 2012-17; 2-4-2014 by Ord. No. 2014-1; 1-28-2015 by Ord. No. 2015-1; 4-24-2017 by Ord. No. 2017-6; 2-26-2018 by Ord. No. 2018-2; 6-11-2018 by Ord. No. 2018-9; 11-26-2018 by Ord. No. 2018-21]
This section provides definitions for terms in this Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this section, then the common usage of the term shall be utilized.
- ACCESSORY APARTMENT
- A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether as part of the same structure as the primary dwelling unit or a detached dwelling unit located above a private garage on the same lot. Also known as an "in-law suite" or as a "granny flat." The maximum size of an accessory apartment shall be 800 square feet (syn. accessory dwelling unit).
- ACCESSORY BUILDING
- A subordinate building or structure on the same lot with a main building or a portion of the main building occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.
- ACCESSORY BUILDING HEIGHT
- An accessory building's vertical distance measured from the average elevation of the finished grade along the front of the building to mean elevation of the roof surface.
- ACCESSORY BUILDING SETBACK
- The required open space between an accessory building and the front, side and rear lines of a lot.
- ACCESSORY USE
- A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
- AFFORDABLE HOUSING
- Dwellings consisting of rental or for-sale units that are provided as required under the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and meet the requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).
- AGE-RESTRICTED RESIDENTIAL
- A residential development that complies with the "housing
for older persons" exception from the federal "Fair Housing Amendments
Act of 1988," 42 U.S.C.A. § 3601 et seq., as may be amended,
and 24 CFR 100.301 et seq., as may be amended.[Added 8-26-2013 by Ord. No. 2013-22]
- ANTIQUE STORE
- A place offering antiques for sale. An antique, for purposes of this chapter, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.
- An open framework structure that forms a shelter, gateway framework or bower. Its primary purpose is to be a semiarchitectural place for climbing plants to grow, while providing shaded seating, directional form to frame a view or to create a private out-of-doors area. An arbor can be arched or square-topped. It differs from a gazebo in that its roof area is open to the elements, while a gazebo traditionally has a solid roof that protects those seated beneath it from the elements.
- A private frontage conventional for retail use wherein the facade is a colonnade supporting habitable space that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage line.
- ARCHITECTURAL PANELING
- Modular, exterior panels applied to a building or structure that are not necessary for the structural integrity of the building or structure. Made of high quality materials such as wood, metal, or stone. Excluding aluminum, vinyl, or steel siding. Used to modulate the facade and create vertical or horizontal breaks.
- ARTISANAL WORKSHOP
- Shops of special trade including the manufacturing, compounding,
assembly processing, packaging or similar treatment of such products
as: baked goods, candy, ceramics, pottery, china, weaving and other
textile arts, painting, cooperage, woodworking and other artistic
endeavors and similar trades. Retail sales on the premises of products
made on the premises are required in the T-6 Zone. Artisanal workshops
shall not exhibit any exterior noise, smell, glare or dust from manufacturing.
If any exterior noise, smell, glare or dust is present, the use shall
be classified as light manufacturing.[Amended 6-25-2012 by Ord. No. 2012-17]
- The interior part of a building contained within a pitched roof structure.
- An ancillary lightweight structure usually of canvas, cantilevered from a facade providing shade to the fenestration and spatial containment to the pedestrian. Awnings, to be effective adjunct to a shop front, must thoroughly overlap the sidewalk, be no higher than 10 feet at the front edge of the sidewalk and shall extend no farther than possible as a self-supporting structure (i.e., no visible vertical support poles or columns).
- AWNING/CANOPY SIGN
- A nonilluminated sign that is attached to, affixed to or painted on an awning or canopy located over a window, door or entrance of a building. Signage is to be placed on the front valance portion of the awning/canopy structure. For nonfabric-type awnings/canopies, signage may be placed along the upper edge of the front portion of the canopy. Where applicable, awnings/canopies may contain street numbers, but telephone numbers or product advertising and product logos are prohibited. Awning/canopy signs shall not be internally illuminated.
- An establishment primarily engaged in the sale of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service.
- A platform that projects from the wall of a building and is surrounded by a railing or balustrade.
- An owner-occupied, private residence where one to six rooms for overnight accommodations are provided to lodgers. Breakfast shall be the only meal provided to lodgers. For the purpose of this definition, a lodger means a person who rents a room in a bed-and-breakfast establishment for fewer than 28 consecutive days. Compensation for lodging shall be computed by the day. Does not include boardinghouse or lodging house (syn. lodging).
- The aggregate of private lots, passages, rear lanes and alleys, circumscribed by public streets.
- BLOCK FACE
- The aggregate of all the building facades on one side of a block.
- BOARDINGHOUSE or LODGING HOUSE
- A dwelling having one kitchen and used for the purpose of providing lodging, or both meals and lodging, for pay or compensation of any kind, whether computed by day, week or month, to persons occupying such dwellings, other than members of a family.
- A covered passage one story in height connecting a principal building with another principal building or an accessory building with or without open sides.
- A landscaped area designed to functionally separate and visually screen the elements and uses of land which abut it, including streets, and to ease the transition between them. Buffers may also function to reduce noise, glare and other nuisances.
- A structure having a roof supported by columns or walls, entirely separated from any other structure by space or by walls in which there are no communicating doors, windows or similar openings.
- BUILDING COVERAGE
- The percentage of horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings to that of the entire lot, exclusive of appurtenances such as bay windows, balconies, porches, steps, etc.
- BUILDING DEPTH
- The mean horizontal distance between the front and rear walls of a building measured in the mean direction of the side walls, exclusive of appurtenances such as bay windows, balconies, porches, steps, etc.
- BUILDING DISPOSITION
- The placement of a building on its lot.
- BUILDING FACE OFFSET
- A horizontal measurement between offsets in portions of a front or rear facade, as a means of breaking up the apparent bulk of the continuous exterior walls of a building or group of attached buildings.
- BUILDING FRONTAGE
- A building's horizontal measurement, parallel to the public right-of-way, of the outer wall that faces a public street.
- BUILDING HEIGHT
- The vertical distance measured from the average elevation of the finished grade along the front of the building to the mean elevation of the roof surface.
- BUILDING TYPE
- A structure category determined by function, disposition on the lot, and configuration, including frontage and height.
- BUILDING WIDTH
- The mean horizontal distance between the side walls of a building measured in the mean direction of the front and rear walls, exclusive of appurtenances such as bay windows, balconies, porches, steps, etc.
- BUSINESS SERVICES
- Establishments primarily engaged in rendering services to other business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; personnel and employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing, copying and printing; travel; office supply; and similar services.
- BUS STOP SHELTERS or TRANSIT SHELTERS
- A freestanding structure, located on a bus or train route, which is designated to accommodate embarking and disembarking transit passengers.
- A permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.
- A reservoir or tank for storing rainwater and grey water for the purpose of using it for irrigation or other interior or exterior grey water uses.
- The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit and municipal parking.
- CIVIC BUILDING
- A building designed specifically for a civic function.
- CIVIC SPACE
- An outdoor area dedicated for public use. Civic space types are defined by the combination of certain physical constraints including the relationship between their intended use, their size, their landscaping and the building(s) defining the space.
- CLUB, LODGE or FRATERNAL ORGANIZATION
- Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business.
- A subdivision of land which utilizes small lot sizes in order for the density permitted on the entire parcel to be "clustered" onto lots smaller than the permitted density, thereby allowing 40% or more of the total parcel to be preserved in a privately or publicly owned dedicated open space or farm preserved parcel. The open space or farm preserved parcel must be deed restricted from further subdivision or development.
- COFFEE SHOP or CAFE
- An informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.
- A roof or building structure, extending over the sidewalk, open to the street and sidewalk except for supporting columns or piers.
- The term collectively defining workplace, office, retail, and lodging functions.
- COMMERCIAL BUILDING
- A single or multistory building devoted solely to commercial uses. They may be designed as walkups or elevator buildings depending on the number of floors.
- COMMERCIAL INSTRUCTIONAL ACTIVITIES
- Any educational or recreational programs or activities involving team or individual instruction that is conducted in a commercial structure and related to children or adults, including, but not limited to: dance, musical instruments, singing, cooking, martial arts or other sports.
- COMMERCIAL VEHICLE
- Any motor-driven vehicle, including cars, trucks, buses,
sedan delivery vehicles, station wagons, minivans, sport utility vehicles,
or any other commercially used vehicles with advertising matter or
subject to such licensing designation under N.J.S.A. 39:1-1 et seq.[Added 8-26-2013 by Ord. No. 2013-22]
- COMMON YARD
- A planted private frontage wherein the facade is set back from the frontage line. It is visually continuous with adjacent yards.
- COMMUNITY GARDEN
- A parcel of land used for the growing of vegetables, flowers, etc., used for human consumption but not for commercial sales. The garden area may at least include, but not be limited to, a greenhouse, an accessory storage building, benches, a watering system and fencing.
- The form of a building, based on its massing, private frontage, and height.
- CONVALESCENT HOME or NURSING HOME
- A facility that provides nursing services and custodial care on a twenty-four-hour basis for individuals who for reasons of illness, physical infirmity, or advanced age require such services.
- CORNER LOT
- A lot of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
- The topmost element of a building facade composed of moldings for an entablature in formal architecture orders or used alone at the roofline or ceilings.
- CORNICE LINE
- A continuous horizontal cornice feature that provides a vertical break within the facade and/or defines the roofline along the top of the building.
- An edgeyard building type. A single-family dwelling, on a regular lot, often shared with an accessory building in the back yard.
- The County of Sussex in the State of New Jersey.
- An open, unoccupied space bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanently open space.
- COURTYARD BUILDING
- A building that occupies three or more boundaries of its lot while internally defining one or more private patios.
- CRAFT STORE
- Any business establishment that produces on the premises articles for sale of artistic quality or effect or handmade workmanship. Examples include candle making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and other associated activities.
- CULTURAL USES
- Services offered to the public by public, private or nonprofit facilities, such as, but not limited to, museums, art galleries and libraries.
- The edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system.
- CURB RADIUS
- The curved edge of the street cartway at intersections, measured at the edge of the travel lines. Curbs at intersections shall not intrude into the intersection beyond the specified maximum curb radius. Where streets of different use categories intersect, the requirements of the higher intensity street shall govern.
- DECORATIVE PAVING
- Paving that is made up of solid, precise, modular units, stamped concrete, scored concrete, seeded concrete, colored concrete or any combination of the above.
- The number of dwelling units within a standard measure of land area.
- DESIGN SPEED
- The maximum safe speed that can be maintained over a specified section of roadway when conditions are so favorable that the design features of the roadway govern. The assumed design speed should be a logical one with respect to the topography, the adjacent land use, and the functional classification of roadway.
- DIRECTIONAL SIGN
- Any on-premises sign limited to directional messages that do not contain a commercial message, principally for pedestrian or vehicular traffic, such as "one way," "entrance" and "exit."
- DISPLAY WINDOWS
- Windows on the ground floor of a building that allow visibility into and out of a commercial space and are used for display.
- A private frontage type with a shallow setback and front garden or patio, usually with a low wall at the frontage line.
- DRIVE-THROUGH FACILITY
- A facility associated with a use that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services and/or obtain goods while remaining in their motor vehicles.
- Any lane, way or privately owned roadway providing direct
access from a street or highway to a building or structure, which
consists of a paved, rock or gravel base.[Amended 6-9-2014 by Ord. No. 2014-9]
- DRUG REHABILITATION CLINIC or SUBSTANCE ABUSE TREATMENT FACILITY
- A facility used for the purposes of temporary or long-term inpatient treatment of victims of alcohol or drug use or addiction.
- DRY-CLEANING ESTABLISHMENT
- An establishment or business maintained for the pickup, cleaning and delivery of dry cleaning and/or laundry.
- EAVE HEIGHT
- A building's vertical measurement from the mean level of the ground abutting the building to the lowest point of an overhanging eave.
- EDGEYARD BUILDING
- A building that occupies the center of its lot with setbacks on all sides. See § 320-26B.
- EFFECTIVE PARKING
- The amount of parking required for mixed use after adjustment by the shared parking factor.
- EFFECTIVE TURNING RADIUS
- The measurement of the inside turning radius taking parked cars into account.
- ELDER-CARE CENTER
- A building or space in a building and ground used for the day care of senior citizens, including normal daily health-related care, i.e., medication administration, but not convalescent or nursing care and services, and does not preclude services like flu shots.
- An exterior wall of a building not along a frontage line. See "facade."
- ELEVATOR FLATS
- An apartment or condominium building with three or more stories that utilizes an elevator to access the floors of the building.
- EMERGENCY SERVICES
- Publicly or privately owned safety and emergency services, such as, but not limited to, fire stations, police stations, and emergency medical and ambulance service.
- To break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into the public frontage, or above a height limit.
- Any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public frontage, or above a height limit.
- To place an element along a frontage, as in "porches enfront the street."
- The presentation of the performing arts, including indoor motion-picture theaters, theaters for live performances, and indoor and outdoor concert halls. Also includes completely enclosed recreational activities such as bowling, roller skating or ice-skating. Entertainment uses may include the preparation and serving of food as an incidental use. Entertainment uses shall not include nightclubs and arcades.
- ESTATE HOUSE
- An edgeyard building type. A single-family dwelling on a very large lot of rural character, often shared by one or more accessory buildings (syn. country house, villa).
- EXPRESSION LINE
- A line prescribed at a certain level of a building for the major part of the width of a facade, expressed by a variation in material or by a limited projection such as a molding or balcony (syn. transition line).
- EXTENDED CARE FACILITY
- One or more residential structures which incorporate health care services for the long-term care of the residents, including assisted living, convalescent homes, nursing homes and rehabilitation facilities.
- EXTENSION LINE
- A line prescribed at a certain level of a building for the major part of the width of a facade, regulating the maximum height for an encroachment by an arcade frontage.
- The exterior wall of a building that is set along a frontage line. See "elevation."
- FACADE FENESTRATION
- The percentage of the area of windows, doors and other exterior openings to the total facade area.
- FACADE/WALL SIGN
- A sign attached to the exterior facade or wall of a building in such a manner that the façade or wall is the supporting structure for or forms the background surface of the sign. Such signs shall not project above the edge of the roof or beyond the side walls of a structure.
- FARMERS' MARKET
- A permanent enclosed building operated year-round, or seasonally, where the majority of products consist of perishable foods and prepared foodstuffs grown on local or regional farms or a temporary or occasional outdoor retail sale of farm produce from temporary stands. Farmers' markets may also include artwork, crafts or durable goods made by local or regional artisans in conjunction with the farm products mentioned above.
- FEATHER FLAG
- Also known as swooper flags, bowflags or flutter flags, these flags are irregular-shaped rectangular flags attached horizontally to a flag pole so that the edge of the flag flutters in the wind. Feather flags are typically ground-mounted.
- An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas. Fences
are generally erected as permanent or long-term structures utilizing
fence posts set into the ground with concrete or other stabilizing
material.[Added 9-16-2015 by Ord. No. 2015-24]
- FINANCIAL SERVICES
- Provision of banking services to consumers or clients. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and automatic teller machines (ATMs). Where drive-through services are permitted, the location of drive-throughs shall be regulated in the same manner as parking. Financial services shall not include establishments used solely for currency exchange or check cashing.
- FIRST-FLOOR ELEVATION
- A building's vertical measurement from the mean level of the ground abutting the building to the mean level of the first floor of the building.
- FIRST-STORY CLEAR HEIGHT
- A building's vertical measurement from the mean level of the first floor of the building to the mean level of the second floor of the building.
- FLEX MIXED-USE BUILDING
- A multistory building that contains ground-floor commercial uses, with upper-floor residential, retail, office or other commercial uses. These buildings may be attached, semiattached or detached. They are served by elevators and intended for the highest density areas of the Town.
- FOOD AND BEVERAGE PRODUCTION
- The production of food or beverage products from raw goods and/or farm products, such as salsa from vegetables, cheese from milk, jams and pies from fruit, juice from fruits or vegetables, etc. (syn. value added food production).
- FORM-BASED CODE
- A land use ordinance comprised of a set of cohesive design standard regulations, and development standard regulations incorporating the land use/transect plan, public frontage plan and street regulating plan and intended to implement the goals and objectives of the Town of Newton Master Plan.
- The area between a building facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage.
- FRONTAGE LINE
- A lot line bordering a public frontage. Facades facing frontage lines define the public realm and are therefore more regulated than the elevations facing other lot lines.
- FRONTAGE PERCENTAGE
- The percentage of the width of a lot that is required to be occupied by the building's primary façade (syn. frontage build-out).
- FRONTAGE TYPE
- The type of facade that is permitted on a primary street (front yard).
- FRONT FACADE ENCROACHMENTS
- Building components that encroach from the front facade of a building into the public right-of-way or building setback area, including, but not limited to, overhanging eaves, gutters, cornices, steps, bay windows, porches, balconies and balconettes. If the maximum permitted encroachment is greater than the maximum permitted setback, then such building components are permitted to encroach into the public right-of-way.
- FRONT YARD SETBACK
- The required open space located between the facade of a building
and the street line exclusive of overhanging eaves, gutters, cornices,
steps, bay windows, balconies and balconettes.[Amended 6-9-2014 by Ord. No. 2014-9]
- FUNERAL HOME or MORTUARY
- A building or part thereof used for human funeral services. Such building may contain space and facilities for: 1) embalming and the performance of other services used in the preparation of the dead for burial; 2) the performance of autopsies and other surgical procedures; 3) the storage of caskets, funeral urns, and other related funeral supplies; 4) the storage of funeral vehicles; and 5) facilities for cremation.
- A private frontage conventional for retail use wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk.
- GALLERY (ART)
- An establishment in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public.
- GARAGE (PRIVATE-DETACHED)
- An accessory building used for the storage of motor vehicles.
- GARAGE (PUBLIC)
- A building or part thereof which is designed specifically for automobile parking and where there are a number of floors or levels on which parking takes place. Parking structures are to be located internal to a block and not permitted on any street frontages (with the exception of a small frontage type) without liner buildings.
- GASOLINE SERVICE STATION OR FILLING STATION
- Any building, structure, or area of land used for the retail sale of automobile fuels, oils and accessories, and where repair service and sale of propane and/or kerosene, if any, is incidental.
- A point at which a motorist or pedestrian gains a sense of arrival in a particular district, neighborhood or part of a municipality. This impression can be imparted through such things as signs, monuments, landscaping, change in development character, or a natural feature.
- GIS (GEOGRAPHIC INFORMATION SYSTEM)
- A computerized program in widespread municipal use that organizes data on maps.
- GOVERNMENT/CIVIC/CIVIC/INSTITUTIONAL BUILDING
- A building that contains governmental, civic, institutional or religious uses. They are typically significant buildings that may have large setbacks, monumental and unique design characteristics, public art installations and/or public space areas. Examples include courthouses, government administration offices, schools, libraries, museums and places of worship. They do not contain commercial, residential or industrial uses and are typically fully detached.
- An area that consists of open or wooded land or farmland that has not been previously developed.
- GREEN ROOF
- An engineered, multilayered roofing system sustaining the growth of plants on a roof while protecting the integrity of the underlying structure. The components of a green roof consist of a waterproofing membrane, root barrier, drainage layer, retention layer, filter fabric, growing medium and plants.
- An open space corridor in largely natural conditions which may include trails for bicycles and pedestrians.
- GREY WATER
- Wastewater obtained from domestic sinks and tubs, but excluding that part of the plumbing waste stream that includes human wastes.
- GROUND-FLOOR FRONT FACADE FENESTRATION
- The ratio of ground-floor front window area to ground-floor front facade area. Window area may include windows contained in doors.
- Inanimate elements of landscaping. Examples include walls, patios, pavers, paths, boulders, stones, decks, and fountains.
- A rural and suburban thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural transect zones (T-1, T-2 and T-3).
- HOME OCCUPATION
- An occupation carried on in a dwelling unit or accessory building on the same lot by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. A home occupation involves customers/clients visiting the residence and may include up to two employees provided that the owner of the home occupation resides in the dwelling unit.
- HOME OFFICE
- An occupation carried on in a dwelling unit or accessory building on the same lot by the resident thereof, provided that the use is limited in extent and incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. A home office does not involve customers or clients visiting the residence and does not include any nonresident employees. A home office is permitted in all residential dwelling units and does not require a zoning permit provided that it is not visible from the exterior of the building, there is no signage, employees or customers visiting the site.
- HORIZONTAL FACADE BANDING
- The use of horizontal strips that differ from the principal material, color, texture or setback of a facade, as a means of breaking up the apparent height of a building.
- HORIZONTAL FACADE BREAK
- A horizontal measurement between building face offsets; vertical elements; bay windows; private amenities organized vertically such as terraces, balconies or balconettes; building offsets or recesses; changes in facade materials or colors; or combination thereof.
- HOSPITAL/MEDICAL CENTER
- An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients, licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice. Such institutions include allied and adjunct medical facilities such as facilities for the education and training of hospital personnel, including but not limited to residents, interns, nurses, technicians and orderlies; medical schools, student residence halls or dormitories, laboratories, research facilities, pharmacies, cafeterias, restaurants or snack bars, gift or flower shops; outpatient treatment and medical offices which may be in the same building or separate buildings provided this does not include nonaccessory, nonadjacent or independently operated medical offices, group medical practices or laboratories.
- A facility offering transient lodging accommodations to the general public and which must include lobbies and concierge services. It may include a restaurant, meeting rooms, entertainment and recreational facilities or banquet halls. Lodging may not be for more than 28 consecutive days and must be computed by the day. Does not include boardinghouse or lodging house (syn. lodging).
- An edgeyard building type, usually a single-family dwelling on a large lot, often shared with an accessory building in the back yard (syn. single).
- HOUSE OF WORSHIP
- A building where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. Examples include churches, synagogues, mosques and temples.
- INDUSTRIAL USE
- A use relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or mineral extraction.
- INSTITUTIONAL USE
- A nonprofit or quasi-public use, such as a religious institution, library, public, or private school, hospital, or government-owned or government-operated structure or land used for public purpose.
- Of or pertaining to judgment in courts of law or to the administration of justice. Includes courthouses and associated structures and uses.
- A lot, land, or structure, or part thereof, used for the collection, storage, and sale of wastepaper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, salvaging, or sale of parts or machinery or vehicles not in running condition.
- A structure which may be constructed somewhere other than the lot on which it is placed or which is comprised of parts which are constructed elsewhere and assembled on a lot, and which is designed and intended to be used primarily for retail sale, display and accessory advertising of food and merchandise.
- A facility for scientific laboratory analysis of natural resources, medical and dental resources, and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water, and soil; medical or dental laboratories for the analysis of blood, tissue, or other human medical or dental products.
- LAW ENFORCEMENT
- The activity of entities empowered by the state, Town, or county, which are vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the criminal or traffic laws of the Town and state.
- A public, nonprofit facility in which literary, musical, artistic, or reference materials such as but not limited to books, manuscripts, computers, recordings, or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale.
- LIGHT INDUSTRY
- Research and development activities, the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semifinished products from previously prepared materials, which activities are conducted wholly within an enclosed building (light manufacturing). Finished or semifinished products may be temporarily stored outdoors for a maximum of 48 hours pending shipment.
- LINER BUILDING
- A single or multistory building devoted to commercial or residential uses. Their purpose is to "line" the exteriors of large structures such as parking garages, movie theaters or supermarkets. This allows large, blank facades to be screened by pedestrian-scaled uses. The building may be attached or integrated into the larger structure, or sit in front of it, with separations dictated by building codes. Individual unit access is to be provided from the primary street frontage. Secondary access may be provided from the building that is being "lined."
- LIVE/WORK BUILDING
- A hybrid commercial/residential building that may be new construction or a conversion of an existing home into a combination ground-floor business and upper-floor single-family dwelling unit.
- LIVING FENCE
- Hedges, trees, or other living landscaping that forms a border between two spaces.
- Facilities providing overnight accommodations for transient guests either in a hotel or bed-and-breakfast format.
- A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
- LOT DEPTH
- The horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
- LOT LAYERS
- Lot layers divide lots into three sections for purposes of locating parking on a site. The first layer is in the front yard, the second layer is 20 feet beyond the front yard, and the third layer is remainder of the lot to the rear lot line.
- LOT SIZE or LOT AREA
- The total square unit contents included within lot lines.
- LOT WIDTH
- The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
- MAIN CIVIC SPACE
- The primary outdoor gathering place for a community. The main civic space is often, but not always, associated with an important civic building.
- Premises available for the creation, assemblage and/or repair of artifacts, using table-mounted electrical machinery or artisanal equipment, and including their retail sale.
- MARQUEE SIGN
- A sign attached to a marquee for the purpose of identifying a theater or movie house. Such signs shall not project above the edge of the roof.
- MASSAGE PARLOR
- An establishment, business or use which provides the service of massage and body manipulations, including exercise, heat and light treatments of the body and all forms and methods of physical therapy unless operated by a medical practitioner or professional physical therapist or certified massage practitioner.
- The manner in which a building's height, depth, and width are proportionate to the width of the street on which it is located.
- MENU BOARD SIGN
- A permanently mounted wall sign used to inform the public of the list of entrees, dishes, foods and entertainment available in a restaurant, cafe, luncheonette, delicatessen or similar establishment. Such signs shall be located in a permanently mounted display box on the facade of the building adjacent to the entrance, displayed within a window adjacent to the entrance, or at a podium that will be placed inside the restaurant upon closing.
- MID-BLOCK CONNECTION
- A public space within a lot that may be open or enclosed and which is designed and/or intended to be used by the public to pass between a public right-of-way and a parking lot located within the interior of a block or to the rear of a building. Mid-block connections shall have a minimum pedestrian walkway width of four feet and be lined with landscaping where possible.
- MIXED USE
- Multiple functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by warrant.
- MIXED-USE BUILDING
- A building that includes more than one use; typically having different uses on the first floor and the upper floors of the building. A common example is ground-story commercial with offices or residences on upper floors.
- MOTOR VEHICLE SALES
- Any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats, or motorcycles or other similar motorized transportation vehicles. Such an establishment may maintain an inventory of the vehicles for sale or lease either on site or at a nearby location and may provide on-site facilities for the repair and service of the vehicles sold or leased by the establishment.
- MOTOR VEHICLE SERVICE AND REPAIR
- The repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, washing, or installation of CB radios, car alarms or stereo equipment.
- A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an incidental use the sale of goods to the public as gifts or for their own use.
- NET SITE AREA
- All developable land within a site including thoroughfares but excluding land allocated as civic zones.
- A unit of measurement of luminance, or the intensity of visible
light. A nit equals one candela per square meter (1 nit = 1 cd/m2).[Added 1-30-2017 by Ord. No. 2017-1]
- A room, suite of rooms, or building in which a person transacts the affairs of a business, profession, service, industry, or government.
- OFFICE/COMMERCIAL BUILDING
- A single or multistory building devoted solely to commercial uses. They may be designed as walkups or elevator buildings depending on the number of floors. Common entrances and other spaces may be shared. Primary access is to be provided from the primary street frontage. Additional access is permitted from courtyards or internal corridors. Parking is permitted inside the ground floor of the building but may not abut the primary street frontage. Side yard parking equal to one row of parking plus drive aisle is permitted to a maximum of 45 feet.
- A change in elevation or primary facade plane with a difference of at least three feet.
- OPEN SPACE
- Land intended to remain undeveloped; it may be for civic space.
- An accessory building, usually located toward the rear of the same lot as a principal building, and sometimes connected to the principal building by a breezeway.
- A noncommercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. Such facilities include neighborhood parks, community parks, regional parks, and special-use facilities, all as described in the recreation and open space element of the Town Master Plan. Such facilities may also include but shall not be limited to school and religious institution ball fields, football fields, and soccer fields, if they meet the above definition. Commercial recreation or amusement facilities shall not be considered parks. Or any area that is predominately open space, used principally for active or passive recreation, and not used for a profit-making purpose.
- PARKING BAY
- Paved area used to accommodate either one or two rows of parking stalls plus one access lane.
- PARKING STRUCTURE
- A building containing one or more stories of parking above grade.
- PAWN SHOP
- An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.
- PERSONAL SERVICES
- Specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, massage facilities, chiropractic clinics, garment repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair, and other similar establishments.
- An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.
- A decorative, aboveground container located within a public right-of-way and used for the planting of trees, shrubs and plants. When required by this Form Based Code as a sidewalk area element, planters shall have a minimum volume of 25 cubic feet. Planters shall maintain a minimum pedestrian clear space width of four feet along a public sidewalk.
- PLANTING STRIP
- A portion of public right-of-way located between the curb and sidewalk which is dedicated to the planting of trees and low ground cover.
- PLAZA, SQUARE or PIAZZA
- Public spaces located within the Town and its neighborhoods, which may contain one or more civic building(s) or space located within a primarily unpaved, formally configured area which may contain a small public lawn or park. Portions may be linear in shape though a square, rectangle, circle or other usable shape, as appropriate, shall be the primary focus of the area. Spaces shall be surrounded by canopy street trees. These sites shall be situated at prominent locations and are often dedicated to important events and/or citizens. Spaces may contain water features, an amphitheater, farmers' market, and in some appropriate instances, such as in conjunction with residential neighborhoods, may include limited play equipment and court.
- PORTABLE SIGN
- A sign that is not permanently affixed to a structure or the ground. Also know as A-frame or sandwich board signs. These signs are constructed with two faces which rest at an angle less than 45° to each other. Such signs are only permitted for retail stores, restaurants, cafes, luncheonettes, delicatessens and similar establishments. Such signs must be located upon the same lot as it services. The sign shall not obstruct pedestrian or vehicular flow.
- A covered walk or porch that is supported by columns or pillars; also known as colonnade.
- PRINCIPAL BUILDING
- The main building on a lot, usually located toward the frontage.
- PRINCIPAL ENTRANCE
- The main point of access for pedestrians into a building.
- PRINCIPAL FRONTAGE
- On corner lots, the private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width. Prescriptions for the parking layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages of a corner lot. See "frontage." See also building configuration and height tables associated with each transect zone for visual descriptions of lot layers.
- PRINCIPAL STORE FRONTAGE
- Any building face that includes a public/customer entrance (not emergency, service or employee entrances) to the store or establishment to which a sign is related.
- PRIVATE FRONTAGE
- Frontage within a lot that is not public frontage.[Amended 6-9-2014 by Ord. No. 2014-9]
- PRIVATE SETBACK
- The space between the facade of a building and a public right-of-way. Such space may be regulated for passive use landscape or active use hardscape/paving. See also "front yard setback" and "side yard setback."
- PRODUCT FILLING AND ASSEMBLY
- The filling of containers or packages with a product for
shipping and assembly of products from premade parts or products manufactured
elsewhere.[Added 6-11-2018 by Ord. No. 2018-9]
- PROFESSIONAL OCCUPATION
- The office of a physician, surgeon, dentist, minister, architect, engineer, attorney, optometrist, accountant, veterinarian, or similar professional person when located within his/her dwelling or in an accessory building on the same lot provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.
- PROFESSIONAL OR TENANT IDENTIFICATION SIGN
- An exterior wall sign that serves as a common or collective identification for two or more businesses or tenants in the same building, displaying the name of each tenant.
- PROJECTING, BLADE, OR HANGING SIGN
- A sign attached to and projecting out from the exterior facade or wall of a building at a ninety-degree angle in such a manner that it is located completely in the public right-of-way, partially in the right-of-way or completely on private property. Internal illumination of a projecting sign is prohibited.
- PUBLIC BUILDING
- Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.
- PUBLIC DANCE HALL
- A place of assembly, open to the public and operated for profit, where dances, parties, receptions, and other gatherings are held. Dance halls may provide live entertainment, may serve alcoholic beverages, and may serve catered meals provided the owner or operator holds the appropriate licenses and permits.
- PUBLIC SPACE
- Property (streets, alleys, civic greens and parks) within the public domain and physically within a municipality or neighborhood within which citizens may exercise their rights. At its most ideal level, public space and public buildings can be characterized as being of, for and by the people.
- PUBLIC SPACES PLAN
- Both a master plan element and a land use ordinance that regulates location and general design of public spaces.
- PUBLIC WORKS
- Any improvement facility or service, together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy, or similar essential services.
- QUICK RESPONSE CODE (QR) SIGN
- A sign that contains a specific matrix barcode (or two-dimensional code) that is readable by dedicated QR or tag barcode readers and camera telephones. The code consists of black modules arranged in a square pattern on a white background or colored design. The information encoded may be text, URL, or other data (syn. tag bar code).
- RAIL STATION
- A facility, either light or heavy rail, for the boarding of passengers and related ticketing sales and offices.
- RAIN GARDEN
- A planted depression that is designated to take as much as possible of the excess rainwater runoff from a house or other building and its associated landscape.
- REAL ESTATE SIGN
- A temporary sign that relates to the sale, lease, or rental of property or buildings, or to construction activities on a site.
- REAR ALLEY
- A vehicular street or driveway located to the rear of lots providing access to service areas and parking, and containing utility easements. Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with curbs at the edges.
- REAR LANE (Rl)
- A vehicular street or driveway located to the rear of lots providing access to service areas, parking, and outbuildings and containing utility easements. Rear lanes may be paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised curb, and is drained by percolation.
- REARYARD BUILDING
- A building that occupies the full frontage line, leaving the rear of the lot as the sole yard (var: rowhouse, townhouse, apartment house).
- REAR YARD SETBACK
- The required open space extending along the rear line of
a lot from side yard to side yard of a building, exclusive of overhanging
eaves, gutters, cornices, steps, bay windows, balconies and balconettes.
A rear yard setback is not applicable to a yard that fronts on a public
street.[Amended 6-9-2014 by Ord. No. 2014-9]
- A change in the building facade plane that sits at least three feet back from the beginning of the primary building setback.
- RECESS LINE
- A line prescribed for the full width of a facade, above which there is a stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the enfronting public space (var: extension line).
- The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as, but not limited to, boating, fishing, and swimming, or may be passive, such as, but not limited to, enjoying nature or its wildlife.
- RECREATIONAL FACILITY
- An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual or organized activities, including but not limited to basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized events, health and fitness club facilities, swimming pool, snack bar and other support facilities.
- REGULATING PLAN
- A Zoning Map or set of maps that shows the transect zones, civic zones, special districts, if any, and special requirements, if any, of areas subject to, or potentially subject to, regulation by the Form-Based Code.
- RESEARCH AND DEVELOPMENT
- Investigative activities conducted by a business with the intention of making a discovery that can either lead to the development of new products or procedures, or to the improvement of existing products or procedures.
- Characterizing premises available for long-term human dwelling.
- RESIDENTIAL ELEVATOR FLAT
- A residential building containing two or more dwelling units attached at one or more common roofs, walls or floors. Typically, the unit's habitable area is provided on a single level with entrances provided from a common corridor. Common lobby elevators are required when more than one story above grade is provided. Flats or lofts may be contained in a residential building or may be residential flats or lofts over first-floor commercial uses.
- An establishment where food and drink are prepared, served, and primarily consumed within the principal building or structure. Restaurants may be full service/sit down, carry out or fast food. Where drive-through services are permitted, location of drive-throughs shall be regulated in the same manner as parking.
- Characterizing premises available for the sale of merchandise and food service.
- RETAIL FRONTAGE
- Frontage designated on a regulating plan that requires or recommends the provision of a shopfront, encouraging the ground level to be available for retail use. See special requirements.
- RETAIL SALES
- Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, which render services incidental to the sale of such goods, and are engaged in activity designed to attract the general public to purchase such goods or merchandise. Pharmacies are permitted to have drive-through services. The location of drive-throughs shall be regulated in the same manner as parking.
- RETAIL SERVICES
- Establishments providing services, as opposed to products, to the general public, including financial services, insurance, real estate, personal services, fitness centers or studios, galleries and similar uses.
- RIGHT-OF-WAY WIDTH
- A horizontal measurement taken perpendicularly from one side of a public right-of-way to the other.
- ROAD (Rd)
- A local, rural and suburban thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural transect zones (T1-T3).
- The outside top covering of a building.[Added 9-16-2015 by Ord. No. 2015-21]
- ROOF, FLAT
- A roof that is not pitched and the surface of which is generally
parallel to the ground.[Added 9-16-2015 by Ord. No. 2015-21]
- ROOF, GABLE
- A ridged roof forming a gable at both ends of the building.[Added 9-16-2015 by Ord. No. 2015-21]
- ROOF, GAMBREL
- A gabled roof with two slopes on each of four sides, the
low steeper than the upper.[Added 9-16-2015 by Ord. No. 2015-21]
- ROOF, HIP
- A roof with sloping ends and sides.[Added 9-16-2015 by Ord. No. 2015-21]
- ROOFLINE OFFSET
- A horizontal measurement between offsets in portions of a roofline, as a means of breaking up the apparent bulk of the continuous roofline of a building or group of attached buildings. Such offsets consist of elements such as dormers and gables.
- ROOF, MANSARD
- A roof with two slopes on each of four sides, the lower steeper
than the upper.[Added 9-16-2015 by Ord. No. 2015-21]
- ROOF, SHED
- A roof with one slope.[Added 9-16-2015 by Ord. No. 2015-21]
- A single-family dwelling that shares a party wall with another of the same type and occupies the full frontage line; see rear-yard building (syn. townhouse).
- RURAL BOUNDARY LINE
- The extent of potential urban growth as determined by existing geographical determinants. The rural boundary line is permanent.
- An institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, and similar facilities.
- SECONDARY FRONTAGE
- On corner lots, the private frontage that is not the principal frontage. As it affects the public realm, its first layer is regulated.
- SELF-STORAGE FACILITY or MINI-WAREHOUSE FACILITY
- A building or group of buildings divided into separate compartments used to meet the temporary storage needs of customers and may include refrigerated facilities.
- The area of a lot measured from the lot line to a building facade or elevation that is maintained clear of permanent structures, with the exception of permitted encroachments (var: build-to line).
- SHARED PARKING
- Joint utilization of a parking area for more than one use, either on site or between nearby properties through a dedicated arrangement, in order to fulfill their individual parking requirements because their prime operational hours do not overlap.
- SHARED PARKING FACTOR
- An accounting for parking spaces that are available to more than one function.
- A private frontage conventional for retail use, with substantial glazing and an awning, wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. See § 320-26A.
- SIDE FACADE FENESTRATION
- The ratio of side window area to side facade area. Window area may include windows contained in doors.
- SIDE FACADE WINDOW SETBACK
- A horizontal measurement between all windows located on the side facade of a building to the shared side lot line. This setback is to be measured perpendicularly from the shared side lot line.
- The paved section of the public frontage dedicated exclusively to pedestrian activity.
- SIDEWALK CAFE
- Any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served, or where permitted on private property. Sidewalk cafes shall maintain a minimum pedestrian clear space width of four feet along a public sidewalk. Sidewalk cafes are permitted between March 1 and December 1.
- SIDEYARD BUILDING
- A building that occupies one side of the lot with a setback on the other side. This type can be a single or twin depending on whether it abuts the neighboring house. See § 320-26B.
- SIDE YARD SETBACK
- The required open space extending along the side line of
a lot from the front yard to the rear yard of a building, exclusive
of overhanging eaves, gutters, cornices, steps, bay windows, balconies
and balconettes. A side yard setback is not applicable to a yard that
fronts on a public street.[Amended 6-9-2014 by Ord. No. 2014-9]
- Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, that is 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, design, symbols, fixtures,
colors, illumination, or projected images.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, ANIMATED OR MOVING
- Any sign or part of a sign that changes physical position,
or light intensity, by any movement or rotation or that gives the
visual impression of such movement or rotation.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, AWNING
- A sign that is mounted, painted, or attached to an awning
or other window, door canopy that is otherwise permitted by ordinance.
Also referred to as a "canopy sign."[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, BANNER
- A temporary sign of cloth, vinyl or similar material that
is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location by means, including words, letters, figures,
design, symbols, colors and/or images. A banner sign may be used for
private business advertising purposes or may be used to celebrate
an event, season, community, neighborhood or district when sponsored
by a recognized community agency, organization or not-for-profit.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, BLADE
- A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
Also known as a "projecting sign," "hanging sign" or "shingle sign."[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, COMMUNITY EVENT
- A temporary sign announcing a community event such as tricky
trays, yard sales and fundraisers for public entities and not-for-profit
organizations such as charities, schools, etc.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, DIRECTIONAL
- Signs limited to directional messages such as "one way,"
"entrance," and "exit."[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, EXTERNALLY ILLUMINATED
- A sign lit from the outside by lights shining on the face
of the sign or that emit light from behind the sign. (See "halo effect
signs.")[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, FEATHER FLAG
- See "feather flag."[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, FLAG
- A piece of cloth or similar material, typically oblong or
square, attachable by one edge to a pole or rope and used as the symbol
or emblem of a country or institution, as decoration, or for advertising.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, FLASHING
- Any directly or indirectly illuminated sign that exhibits
changing natural or artificial light or color effects by any means
whatsoever.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, FREESTANDING
- Any nonmovable sign not affixed to a building. Freestanding
signs may include pole-mounted signs, pylon signs and ground signs.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, GROUND-MOUNTED
- Any freestanding sign, other than a pole-mounted sign, in
which the entire bottom of the sign is in contact or close contact
with the ground. Also known as "pedestal or monument signs."[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, HALO EFFECT
- An externally illuminated sign that is lit by a hidden light
source which illuminates the wall or other background to the sign
message, but not the face of the sign message. Halo signs may utilize
neon to provide the halo effect, in which case the resulting sign
is considering externally illuminated.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, HOME/PROFESSIONAL OCCUPATION
- A sign containing only the name and occupation of a permitted
home or professional occupation.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, INTERNALLY ILLUMINATED
- A sign lit from the inside by artificial lighting including
fluorescent bulbs, neon, LED technology or some other light source
that emits light from within the sign.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, MENU BOARD
- A sign that contains the menu of a restaurant.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, NEON
- An internally illuminated sign consisting of glass tubing,
bent to form letters, symbols, or other shapes and illuminated by
neon or a similar gas through which an electric voltage is discharged.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, OFFICIAL
- Any sign installed by a governmental agency and intended
to direct or control traffic; identify streets, parks, public places
or public or historic events; or to provide other information deemed
necessary by that official agency.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, OPEN
- A window sign that displays the word "open" and may include
hours of operation. The open sign may be illuminated but not flashing
or moving.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, POLITICAL
- A temporary sign announcing support or supporting political
candidates or issues in connection with any national, state or local
election.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, PORTABLE
- Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to, signs to be transported on wheels and sandwich
board signs. Portable signs must be stored inside the building when
the business is closed in the T-6 Zone; in all other zones, portable
signs may remain outside at the owner's risk.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, PROFESSIONAL/TENANT IDENTIFICATION
- A sign giving the nature, logo, trademark, or other identifying
symbol; address; or any combination of the name, symbol, and address
of a building, business, development, or establishment on the premises
where it is located.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, QUICK RESPONSE (QR) CODE/TAG CODE
- A sign containing a QR code/TAG code or similar technology-based
bar code that consumers may scan with a smart phone, camera or other
device in order to access advertising information, coupons, a website
and/or other information about the business.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, REAL ESTATE
- A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, RESIDENCE DESIGNATION
- A sign or nameplate indicating the name and/or address of
the occupants of a residential property.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, ROOF
- A sign that is mounted on the roof of a building or that
is wholly dependent on a building for support and that projects above
the top edge or roofline of a building with a flat roof, eaveline
of a building with a gambrel, gable, or hip roof, or the deckline
of a building with a mansard roof.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, SANDWICH BOARD
- See "portable sign."[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, TEMPORARY
- A sign or advertising display constructed of cloth, canvas,
fabric, plastic, cardboard, plywood or other light material and designed
or intended to be displayed for a short period of time. Lighted advertising
signs (typically beer advertising signs) hung inside windows of an
establishment are considered permanent signs.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, TEMPORARY WINDOW
- A temporary sign hung inside of a window of a commercial
establishment.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, TEMPORARY BANNER
- See "sign, banner."[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, TEMPORARY GROUND
- A temporary sign that is staked or otherwise affixed to the
ground.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, WALL
- A sign fastened to, or painted on, the wall of a building
or structure in such a manner that the wall becomes the supporting
structure for, or forms the background surface of, the sign and that
does not project more than 12 inches from such building or structure.[Added 9-16-2015 by Ord. No. 2015-21]
- SIGN, WINDOW
- A permanent sign that is painted or mounted onto a window
pane, or that is hung inside the window solely for the purpose or
effect of identifying any premises from the sidewalk or street. Also
referred to as a "permanent window sign."[Added 9-16-2015 by Ord. No. 2015-21]
- SINGLE-FAMILY DWELLING
- A detached single-family unit on its own individual lot designed for or used exclusively by one family.
- SOLAR SCREEN
- A device attached to a building to provide shading for glazed areas thereof.
- SPECIAL CARE FACILITY
- Includes assisted living facilities, convalescent care, nursing homes, extended care facilities and life care facilities.
- SPECIAL DISTRICT (SD)
- An area that, by its intrinsic function, disposition, or configuration, cannot or should not conform to one or more of the normative community unit types or transect zones specified by the SmartCode. Special districts may be mapped and regulated at the regional scale or the community scale.
- SPECIAL FLOOD HAZARD AREA
- A designation by the Federal Emergency Management Agency (FEMA) that may include the V (Velocity) Zones and Coastal A Zones where building construction is forbidden, restricted, or contingent upon raising to the base flood elevation.
- SPECIALIZED BUILDING
- A building that is not subject to residential, commercial, or lodging classification.
- A civic space type designed for unstructured recreation and civic purposes, spatially defined by building frontages and consisting of paths, lawns and trees, formally disposed. See § 320-26C.
- The State of New Jersey.
- A building setback of a specified distance that occurs at a prescribed number of stories above the ground.
- A private frontage wherein the facade is aligned close to the frontage line with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance.
- STORAGE SHED
- A subordinate structure or building used primarily for storage purposes.
- A ground-floor facade with a large display window.
- STOREFRONT WIDTH
- The horizontal extent of the storefront of an individual business or establishment as measured parallel to the public right-of-way upon which it fronts.
- A habitable level within a building, excluding an attic or raised basement.
- STREET FRONTAGE
- The horizontal distance between side lot lines measured along the public right-of-way upon which the lot fronts.
- STREET FURNITURE
- Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, telephone booths, bus shelters, kiosks, sign posts, streetlights and bollards.
- STREET LINE
- The lines that form the boundary of a right-of-way or, in
cases where the right-of-way has not been dedicated, the edge of pavement
of a public or private road.[Added 6-9-2014 by Ord. No. 2014-9]
- STREET REGULATING PLAN
- Both a master plan element and a land use ordinance that regulates location and general design of public streets and public spaces.
- Design elements in the public right-of-way, primarily located in the pedestrian area including street furniture, sidewalks, tree pits, grass verges, landscaping, lighting, and signage.
- STREET SCREEN
- A freestanding wall built along the frontage line, or coplanar with the facade. It may mask a parking lot from the thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm.
- STREET VENDORS
- Any person or persons, including corporations, who engage in the activity of vending.
- SURFACE PARKING LOT
- An off-street, surfaced, ground-level open area, for the temporary storage of motor vehicles.
- A low or slightly depressed natural area for drainage.
- TATTOO PARLOR
- An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: 1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
- TAVERN or BAR
- An establishment whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Incidental uses may include food service and take-out sales of alcohol:
- TEMPORARY FENCE
- An artificially constructed barrier made of any material
or combination of materials erected to temporarily enclose, screen
or separate areas. Temporary fences may include deer fencing, garden
enclosures, edging, and the like, which are not permanently affixed
into the ground and can be easily removed without special equipment
or machinery.[Added 9-16-2015 by Ord. No. 2015-24]
- TEMPORARY SIGN
- A sign not intended or designed for permanent display, used by mechanics, craftsmen and builders on site, or for religious, charitable or political purposes.
- TEMPORARY USE
- A use that is established for a fixed short-term period of time with the intent to discontinue such use upon the expiration of such time and that does not involve any permanent improvements on a property. Temporary uses include temporary outdoor display and sales of merchandise such as a seasonal market or Christmas tree lot; a carnival or fair held by a nonprofit entity; a grand opening event; parking lot sale; or other similar promotional event. Outdoor displays permitted under the chapter are not considered to be temporary uses under the chapter.
- A structure used for dramatic, operatic, motion pictures, or other performance, for admission to which entrance money is received. Adult motion-picture theaters or establishments featuring burlesque are prohibited.
- A way for use by vehicular and pedestrian traffic and to provide access to lots and open spaces, consisting of vehicular lanes and the public frontage.
- Traditional neighborhood development, a community unit type structured by a standard pedestrian shed oriented toward a common destination consisting of a mixed-use center or corridor, and in the form of a medium-sized settlement near a transportation route (syn. village; variant: infill TND, neighborhood).
- Town of Newton in the County of Sussex in the State of New Jersey.
- See "townhouse building" or "rear-yard building" (syn. rowhouse).
- TOWNHOUSE BUILDING
- A one-family dwelling unit with a private entrance, attached horizontally with other dwelling units in a linear arrangement. They are located on individual lots and are separated from other dwelling units by an approved wall, extending from the foundation through the roof that is structurally independent of the corresponding wall of the adjoining unit. They have a totally exposed front and rear wall to be used for access, light and ventilation. A variation of the townhouse is the stacked townhouse, with two, similarly sized one-family dwelling units integrated into the footprint of a townhouse.
- TRANSECT ZONE (T-ZONE)
- One of several areas on the Zoning Map regulated by this Code. Transect zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended habitat are integrated, including those of the private lot and building and public frontage.
- The degree, measured as a percentage of the overall facade space, to which a facade has clear, transparent windows on each story.
- TURNING RADIUS
- The curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the turning radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn.
- TWIN BUILDING
- A one-family dwelling unit with a private entrance, attached horizontally with one other dwelling unit in a linear arrangement. They are located on individual lots and are separated from the other dwelling unit by an approved wall, extending from the foundation through the roof that is structurally independent of the corresponding wall of the adjoining unit. They have a totally exposed front, rear and side wall to be used for access, light and ventilation (syn. duplex).
- Transect zone.
- UPPER-FLOOR FRONT FACADE FENESTRATION
- The ratio of upper-floor front window area to upper-floor front facade area. Window area may include windows contained in doors providing access to terraces, balconies or balconettes.
- Collective term for the condition of a compact, mixed-use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects.
- Generally, developed. Specific to the SmartCode, developed at T-3 (suburban) density or higher.
- All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.
- VERTICAL FACADE BREAK
- A vertical measurement between horizontal elements such as horizontal facade banding; private amenities oriented horizontally such as terraces, balconies, balconettes and porches; changes in facade materials or colors; overhanging eaves; or combination thereof. Outdoor terraces, balconies and porches shall have a minimum depth of four feet and outdoor balconettes shall have a maximum depth of two feet.
- VETERINARIAN SERVICE
- An establishment that provides animals with medical and surgical treatment, as well as care during the time of such treatment.
- WAREHOUSE/LOFT BUILDING
- A former industrial building, typically characterized by multiple stories, high ceilings, large floor plates and wide load-bearing columns. Adaptive reuses include residential, retail, office, artisan studios/galleries and live/work. New construction with similar architectural features may be included in this definition.
- WAREHOUSE AND STORAGE
- The storage of materials in a warehouse or terminal and where
such materials may be combined, broken down or aggregated for transshipment
or storage and where the original material is not chemically or physically
changed. Excludes bulk storage of materials that are hazardous or
explosive, outdoor storage or materials that present hazards or conditions
commonly recognized as offensive.[Amended 6-11-2018 by Ord. No. 2018-9]
- WINDOW-TO-EAVE OFFSET
- A vertical measurement from the highest point of a facade window to the lowest point of an overhanging eave or other facade protrusion such as a balcony or balconette.
- WINDOW SIGN
- A sign that is applied or attached to the interior of a window or located in such a manner within a building that it can be seen from the exterior of the building through a window. Such signs shall be limited to individual letters placed on the interior surface of the window and intended to be viewed from outside. Glass-mounted graphic logos may be applied by silk screening or prespaced vinyl die-cut forms.
- WIRELESS TELECOMMUNICATION TOWER
- A tower, pole, or similar structure that supports a wireless telecommunications antenna operated for commercial purpose aboveground in a fixed location, freestanding, guyed, or on a building or other structures.
- An open space between a building and the adjoining street
line, side and/or rear lot lines, unoccupied and unobstructed by any
portion of a structure from the ground upward, except as otherwise
provided herein. In measuring a yard for the purpose of determining
the width of a side yard, the depth of a front yard, or the rear yard,
the minimum horizontal distance between the lot line or street line
(whichever is less) and any buildings shall be used.[Added 6-9-2014 by Ord. No. 2014-9]
- ZONING MAP
- The map or maps that are part of the Zoning Ordinance and delineate the boundaries of individual zones and districts. See "regulating plan."
Editor's Note: The former definition of "public frontage type," which immediately followed this definition, was repealed 6-9-2014 by Ord. No. 2014-9.
Editor's Note: The Transect Zone Map is included as an attachment to this chapter.
Conformity to district regulations. Except as previously or hereinafter provided, no person shall locate, relocate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure or use of land or building for any purpose, except in conformance with the regulations of the district in which such building or structure is located.
Pending application for construction permits. Nothing in this chapter shall require any change in plans, construction, size or designated use of any building, structure or part thereof for which any construction permit has been granted before the enactment of this chapter; provided that construction from such plan shall have been started within 60 days after enactment of this chapter and shall be diligently pursued to completion.
An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.
Height/coverage limits. Accessory buildings in residential districts shall not be located in any required front yard, and may not occupy more than 30% of a required rear yard.
Building separation. In residential districts, the minimum distance of any accessory building from an adjacent building shall be five feet. An accessory building may be permitted to straddle a side or rear lot line for service to two residences by common consent as contained in a recorded legal instrument between adjoining property owners.
Exceptions and supplemental regulations to bulk and area requirements.
Corner lots. Front yards shall be measured to the street line including both streets on a corner lot.
Permitted encroachments into setbacks. Building elements which are permitted encroachments include overhangs, steps, porches, breezeways, terraces, balconies, bay and box windows, decks, fireplaces or chimneys, and heating or air-conditioning units provided that no encroachment is more than half the total distance of the required setback.
Height exceptions. The height limitations of this chapter shall not apply to chimneys, church spires, standpipes, gables, cupolas, flag poles, monuments, television antenna or towers, cables, scenery lofts, or water tanks, elevator housings, and similar structures and necessary mechanical appurtenances for the zone in which the building is located; provided that no such exceptions shall cover at any level more than 10% of the area of the roof on which it is located.
Obstruction to vision at street intersections. In any district on any corner lot, no fence, sign or structure, planting, other obstruction to vision higher than three feet above the existing street grade at center line shall be erected or maintained within a triangle formed by the point of the street intersection and points in each of the intersecting lines 25 feet from the intersection.
T-1 purpose. The T-1 Transect Zone covers lands approximating or reverting to a wilderness condition. These lands are to be kept in a natural state and, when possible, preserved as public open space.
T-1 bulk requirements.
T-2 purpose. The T-2 Transect Zone covers a small portion of the single-family residential areas located on the fringe of the neighborhood residential areas. These areas may have environmental constraints and are proposed for low density and cluster residential to preserve open space.
The public frontage shall include native trees of various species, naturallistically clustered, as well as understory.
Zone consists of sparsely settled land in open or cultivated states, woodlands and agriculture dominate.
Minimum lot size 1.0 acre unless clustering which allows 0.25 acre lot size with minimum 40% open space set aside and 10% density bonus as a conditional use. Density is based on gross acreage less critical environmental areas divided by one acre.
Preexisting lots 0.25 to 0.99 acre in size may be developed with one single-family residential unit provided T-2 setbacks can be met.
Allowed building types: single-family residential.
T-2 bulk requirements.
T-3 purpose. The T-3 Transect Zone covers the majority of the single-family residential areas that span out from the downtown and neighborhood center areas. Minimum lot size is 9,000 square feet and minimum lot width is 72 feet.
Parking shall be located at the second and third lot layers, except where the shape or size of the lot do not permit access to parking in the second and third lot layers as required in § 320-7C. In that case, parking may be permitted in the first lot layer at the discretion of the Planning Board.
The public frontage shall include native trees of various species, naturallistically clustered, as well as understory.
Allowed building types: single-family residential, duplex.
T-3 bulk requirements.
T-3 building configuration and height.
T-4 purpose. The T-4 transect zone covers smaller mixed-use neighborhood centers and supports larger neighborhood centers that provide local services to neighborhoods. These small neighborhood mixed-use commercial areas provide a sense of place and identity to the neighborhood which surrounds it.
The public frontage shall include native trees of various species, naturallistically clustered, as well as understory. Street furniture should be incorporated into the semipublic edge on commercial and mixed-use buildings.
Allowed building types: townhouse, research/warehouse, parking garage/garage with liner, mixed-use, office, live/work, civic, single-family residential, duplex and triplex.
T-4 bulk requirements.
T-4 building configuration and height.
T-5 purpose. The T-5 Transect Zone covers the area surrounding the Town Core that provides the majority of the housing and employment that directly supports the Town Core. The T-5 Transect also provides for neighborhood cores to serve some of the neighborhoods which are closer to the Town Core area.
The public frontage shall include street trees and landscaping along building frontages. Street furniture should be incorporated into street frontages for commercial and mixed-use buildings.
Allowed building types: single-family residential, townhouse, duplexes, triplexes, live/work, mixed-use, elevator flats, office, retail, hotels, civic, parking garage with liner building.
T-5 Bulk requirements.
[Amended 6-25-2012 by Ord. No. 2012-17]
T-5 building configuration and height.
T-6 purpose. The T-6 Transect is a higher density, mixed- and multiple-use downtown area. This area provides for the majority of retail and commercial uses within the Town and should be identified as the Central Business District within the Town. This area has residential and office uses over the commercial uses to support day and evening uses in the downtown.
T-6 bulk requirements.
T-6 building configuration and height.
SD-1 purpose. Special District 1: Hospital Zone covers the Newton Medical Center and support services for the hospital. The following building types are permitted in the District:
SD-1 bulk requirements.
SD-1 building configuration, height and setbacks.
SD-2 purpose. Special District 2: College Zone covers the Sussex County Community College Campus. The following building types are permitted in the District:
SD-2 bulk requirements.
SD-2 building configuration, height and setbacks.
SD-3 purpose. Special District 3: Retail/Manufacturing Zone covers the area along US Route 206 at its intersection with North and South Park Drive. This area includes existing large-scale retail and industrial uses. The area may be a location for relocated light manufacturing and industrial uses which currently exist in redevelopment areas. The following building types are permitted in the District:
SD-3 bulk requirements.
SD-3 building configuration, height and setbacks.
SD-4 purpose. Special District 4: Industrial/Manufacturing Zone covers the existing industrial site and adjacent lands along and across from Sparta Avenue. This area includes an existing manufacturing facility and has potential for additional manufacturing and light industrial development to provide industries and employment within the Town. Where proposed development abuts residential areas, year-round buffers should be provided. The following building types are permitted in the District:
SD-4 bulk requirements.
SD-4 building configuration, height and setbacks.
SD-5 purpose. Special District 5: Office/Manufacturing Zone covers the Sparta Avenue redevelopment area; where office and manufacturing uses make up the headquarters for Thor Labs. The uses are governed by the redevelopment plan for the area. The following building types are permitted in the District:
SD-5 bulk requirements.
SD-5 building configuration, height and setbacks.
SD-6 purpose. Special District 6: Schools Zone covers the Newton High School, Halsted Street School, Merriam Avenue Elementary School and St. Joseph Regional School. The following building types are permitted in the District:
SD-6 bulk requirements.
SD-6 building configuration, height and setbacks.
SD-7 purpose. Special District 7: Senior Community Zone covers the Bristol Glen/United Methodist Homes Continuing Care and Assisted Living Facility. The following building types are permitted in the District:
SD-7 bulk requirements.
SD-7 building configuration, height and setbacks.
SD-8 purpose. Special District 8: Utility Zone covers the Newton Power Substation. The following uses are permitted in the District:
SD-9 purpose. Special District 9: Planned Neighborhood Development Zone covers approximately 52 acres along High Street at the western edge of town. Development in this zone includes a mandatory 20% set-aside for affordable housing. Mixed-use is permitted along High Street and adjacent to the Newton Hospital to provide retail and services to the neighborhood. The remainder of the development is permitted to be residential and should vary in density from higher density closer to High Street to lower density further from the road frontage. A minimum of three building types shall be provided for any development. The following building types are permitted in the District:
SD-9 bulk requirements.
SD-9 building configuration, height and setbacks.
This section provides guidelines for the building types permitted in each transect zone. The building types provide for the function, disposition of the building on the lot in relation to parking and landscaped areas and building form based on general use categories. The photographs and layout for each building type are suggestive of how each building type should be developed. Surrounding character of the neighborhood should be taken into account when determining the design of the building. Parking should be located behind or on the sides of buildings whenever possible. For residential lots where access from the rear is not possible, some options for providing parking in front of the building are shown. Parking to the rear of the building is always favored over parking in the front. Unified design themes for developments are encouraged; however variation of design throughout developments is also encouraged to provide for more visual interest and creation of unique building frontages. All sides of a building with views from parking areas, streets, access points or rights-of-way shall be finished with all architectural design features prominent on main facades. Visual breaks shall be provided on vertical and horizontal planes so as to provide for visual interest. Long buildings shall have breaks in the horizontal plane and vertical breaks are also suggested for buildings over four stories in height. For setbacks, height and lot configuration see the table in the appropriate zone. Frontage types are regulated by transect and full development of the public and semipublic edges of the development are required.
Scale and style.
Buildings shall generally relate in scale and design features to the surrounding buildings, showing respect for the local context, except, however, where existing development does not represent a consistent architectural style or does not incorporate a building design that reflects the historic character and architecture of Newton's Central Business District, buildings should instead be designed to improve the overall streetscape, relying on the design standards set forth herein.
As a general rule, buildings shall reflect a continuity of treatment obtained by maintaining the building scale, by maintaining consistent front setbacks, by maintaining cornice lines in buildings of the same height, by extending horizontal lines of fenestration, and by echoing architectural styles, details, design themes, building materials, and colors used in surrounding buildings where such buildings represent the historic character and architecture of Newton.
Corner lots. Buildings on corner lots shall be considered significant structures, given that they have at least two front facades visibly exposed to the street. If deemed appropriate by the Planning Board in its design review, such buildings may be designed with architectural embellishments, such as corner towers, steeples, or other features to emphasize their location and serve as a visual focal point for the area.
Walls and planes. Buildings shall avoid long, monotonous uninterrupted walls or roof planes. Offsets including projections, recesses, and changes in floor level shall be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets shall be provided, in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
Buildings with more than one facade facing a public street or internal open space shall be required to provide multiple front facade treatments.
The architectural treatment of the front facade shall be continued, in its major features, around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors, and details. Bland wall or service area treatment of side and/or rear elevations visible from the public view is discouraged.
Roofs. Gable roofs should utilize a minimum pitch of 9/12. Where hipped roofs are used, it is recommended that the minimum pitch be 6/12. Both gable and hipped roofs should provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat roofs should provide that all visibly exposed walls shall have an articulated cornice which projects horizontally from the vertical building wall plane. Other roof types should be appropriate to the building's architecture. Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers, and other similar elements are encouraged.
Windows/fenestration. Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building, and appropriate to the setting. Windows shall be vertically proportioned wherever possible. To the extent possible, upper-story windows shall be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows. Blank, windowless walls are discouraged. Storefronts are an integral part of a building and shall be integrally designed with the upper floors to be compatible with the overall facade character. Ground-floor retail, service, and restaurant uses should have large-pane display windows, framed by the surrounding wall, and shall not exceed 75% of the total ground-level facade area.
Entrances. All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades, and other features, where appropriate. Any such element utilized shall be consistent with the style, materials, colors, and details of the building as a whole, as shall the doors. Awnings are permitted where they complement the building's architectural style.
Light fixtures. Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors, and details of the building and shall comply with local building codes. The type of light source used on the exterior of buildings, signs, parking areas, pedestrian walkways, and other areas of a site, and the light quality produced, shall be the same or compatible. Facades shall be lit from the exterior, and, as a general rule, lights should be concealed through shielding or recessed behind architectural features. The use of low-pressure sodium, fluorescent, or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited. Mounting brackets and associated hardware should be inconspicuous. All lights shall be shielded to reflect downward and prevent sky glow.
Lighting. Streetlights shall be decorative and shall blend with the architectural style of the community. Along all commercial or mixed-use streets, parking areas, sidewalks and walkways, decorative light posts shall be provided at regular intervals. Posts shall be spaced at no greater than 80 feet on center on both sides of a commercial or main street. Light posts should be at least 10 feet in height. In parking areas post heights may extend to a maximum of 16 feet.
Facade materials. The primary facade materials shall include either clapboard, decorative shingles with appropriate trim and detailing, stone/masonry, stucco or brick. Manufactured materials that resemble wood, stucco, brick, etc., may be used but should be of a high quality to blend in with existing historically utilized materials. Accents such as projecting, bow, bay and boxed windows are encouraged. Individual facades should generally consist of no more than three materials and/or textures.
Building colors. It is recommended that a color palate be developed for each development utilizing colors that blend or complement those in surrounding uses. Facade colors and design should vary from building to building and not be repeated within any five building frontages on any street. A combination of lighter masonry and darker earth tones are appropriate for commercial brick facades.
Soffit emphasis. In buildings with a soffit, the underside of the overhang is often more visible than the roof and should be articulated. The soffit should therefore receive a greater emphasis and budget than is typically afforded.
Soffits. All building soffits and overhangs shall be designed to provide shade in the summer and allow sunlight to enter the building in the winter. As such, southern and western exposures shall feature exaggerated (wider) soffits.
Mechanical structures shall be fully integrated with the architectural and structural design of the building in order to minimize the negative aesthetic impact upon the viewer, both from street level and as may be viewed from adjacent properties. All parts and components of cellular phone antennas, satellite dishes, television and radio antennas shall be designed to be in harmony with the architectural context and shall not be visible from the front street or sidewalk.
All utilities shall be underground. Machinery and the mechanical controls for same, including but not limited to transformers, junction boxes, electrical meters and condensers shall be located to the side or rear of buildings and/or otherwise screened from frontages by building elements in a manner consistent with the design of the building.
Rain gutters. It is encouraged that stormwater from roofs be collected on site and reused for irrigation and other uses that require nonpotable water.
Street design standards. The street design shall consider methods for creating complete streets that consist of lanes for vehicles and bicycles, as well as pedestrians. Sidewalks and landscaping along these thoroughfares are required. The following standards must apply:
The street configurations and locations shall be designed utilizing context-sensitive design in combination with the design standards identified herein.
Each thoroughfare type shall be dimensioned and specified as to right-of-way width, pavement width, sidewalk width, traffic lanes, parking lanes, planting treatment and other factors that may apply to both the functional and aesthetic character of the specific street as specified in the attached street sections.
All streets shall be open to the public, except for internal lanes, in order to provide access to specific uses on private property. All streets shall be improved to finished specifications prior to the occupation of the buildings.
Pedestrian spaces must have continuous paving that extends across all streets and intersections and be of a paving material which differentiates it from the street surface.
Wherever appropriate, all streets shall provide on-street, curbside parking available to the public, with the exception of any internal lanes.
The on-street parking spaces shall not be attached to any specific use but may contribute 0.5 space per space of parking requirements and may be used for additional parking needs.
The street improvements identified in this section include all infrastructure, paving base and surfaces, sidewalks, street trees, streetlights, and curbs to meet Town and county standards.
The street sections are meant to be starting points for design; however minimum design standards shall apply.
Sidewalk areas must be provided along all streets and shall be properly sized for the safe and convenient movement of pedestrians through and around the area, taking into consideration such factors as: the volume of traffic on the street, the width of the roadway, and the adjoining land uses.
Sidewalk areas must be attractively landscaped and durably paved in conformance with any minimum landscape standards and shall be provided with adequate lighting according to lighting standards. Decorative paving materials and pedestrian-scale lighting is required.
Traffic signage shall be consolidated and affixed onto lampposts to the maximum extent practical so as to reduce the number of poles, obstructions and visual clutter in the streetscape and pedestrian movement. All traffic signage must be in accordance with current MUTCD (Manual on Uniform Traffic Control Devices) guidelines.
All signal and light posts must be a consistent dark color.
All sidewalks and intersections must be ADA compliant.
Crosswalks are required at each intersection.
Crosswalks must be a different texture, pattern and surface from roadways and sidewalks.
Sidewalks shall not be asphalt and shall adhere to the Town's minimum standards for sidewalks.
The buffer area between the curb and sidewalk should be of a different paving material and texture than sidewalks, preferably a textured material such as pavers, brick, and/or synthetic brick.
Trash enclosure requirements. All commercial and multifamily residential uses shall provide trash enclosure and recycling facilities that adhere to the following standards:
Each structure shall be designed so as to accommodate easy, safe, and sanitary access to disposal facilities and recyclable containers.
Disposal and recycling pickup shall be from a disposal facility, where accessible to a contracted hauler.
Disposal and recycling containers must be stored where they are not accessible to wildlife.
Disposal facilities shall either be located internally to the facility or screened from the street and the pedestrian realm with an enclosure utilizing materials that are compatible with those of the principal structure on the property. Woven wire mesh fencing is prohibited.
Context sensitive design. All streets shall be designed utilizing context-sensitive design (CSD) combined with the minimum street design standards to tailor street designs to the specific situation within which the roadway is being constructed. All streets must be complete streets and provide for multiple users including pedestrian, car, bike and transit (where appropriate). The following items should be considered when designing streets, street frontages, streetscapes and pedestrian or bicycle amenities within the Town of Newton:
Context sensitivity. Considerations include land uses, users, environmental issues, goals of the community, location and intensity of use.
Geometric flexibility. Allowing width of the travel lanes, sidewalks, etc., to flex depending on traffic needs, multimodal accommodations, existing and proposed land uses and other considerations.
Performance flexibility. Allowing flexibility of the posted speed on the roadway can accommodate the varying widths and uses of the road depending on location.
Institutional collaboration. State, county and local officials will need to work together to create appropriate designs for roadways within the Town depending on the entity with jurisdiction over the project.
Public outreach and response. For high-volume roadways it is very important to gather public input on the needs of the community with respect to the project. Their input should be incorporated wherever possible and practical.
Modal balance. In order to address the needs of multiple modes of transportation, other modes may have to be addressed creatively to achieve a balance.
Minimum design standards for complete streets.
Public frontage types. The following are examples of permissible roadway types in the Town by zone. The width of the developed roadway does not necessarily reflect the right-of-way width of the roadway which may be greater than the roadway width in some cases. Roadways that are narrower than the typical fifty-foot right-of-way are shown to accommodate on the ground conditions that do not permit construction of larger width roadways. Where greater amounts of right-of-way exist, wider roadway widths are shown.
T-3 local street.
T-4 and T-5 major arterial: fifty-foot roadway.
T-4 and T-5 major arterial: fifty-four-foot roadway.
T-4 and T-5 major arterial: fifty-eight-foot roadway.
T-4 and T-5 major arterial with turning lane.
Rear alley or internal lane.
T-5 major arterial.
T-6 major arterial.
Minimum parking requirements. Parking needs vary based on uses and location, access to transit and other modes of transportation. This chapter permits flexible parking standards based on the transect that the use is in, as well as other factors including shared parking possibilities, size of use and access to municipal parking lots. Parking requirements are based on use and transect zones as follows:
Assembly, stadium, educational facilities and religious institutions: one space per 1.25 employees plus one space for each five students, plus one space for each four fixed seats or where no maximum capacity or fixed seats exist, one space per 40 square feet of floor area available for public use.
[Added 4-24-2017 by Ord. No. 2017-6]
Shared parking. In order to promote more efficient use of parking facilities, a parking space may be counted towards the parking requirement for two or more different uses provided that the parking is within 250 feet of the use and the use is on the shared parking factor table.
The shared parking factor illustration below shows how shared parking can be calculated for two uses within the same vicinity of one parking area. The shared parking factor is used by adding together the parking requirement for each function then dividing it by the shared factor. For example, if a residential use requires 10 spaces and retail use requires 10 spaces, the total number of 20 spaces is divided by the shared parking factor of 1.2, yielding a requirement of 17 spaces. The shared parking factor should be utilized for uses in adjacent blocks within the proximity of a shared lot. When three functions share parking, the lowest factor should be used to assure enough parking is provided.
If uses do not meet the above requirements, shared parking may be provided if:
Surface parking areas shall be located to the side or rear of uses. Surface parking areas must be screened from visual access by the street or sidewalk.
Parking lot layout, landscaping, buffering, and screening shall be provided to minimize direct views of parked vehicles from the street right-of-way and sidewalks, and to avoid spillover light, glare, noise or exhaust fumes onto adjacent properties. Parking lots exposed to view from any adjacent street shall be screened by a minimum of a three-and-one-half-foot decorative wall or landscape feature.
Interiors of surface lots shall be landscaped with trees with a minimum caliper size of 3.5 inches. One tree shall be planted for every 10 parking spaces and may be planted in tree wells with a diamond configuration to allow for the use of adjacent parking spaces. Appropriate growth areas for roots shall be provided.
Surface parking shall be screened from adjacent residential lots via wood board-on-board privacy fencing, or other fencing as deemed appropriate by the Planning Board, at least six feet in height and not exceeding eight feet in height, or by landscaping screening pursuant to § 240-8C.
A ten-foot minimum buffered planter strip is required between surface parking lots and an adjacent property line.
Parking lot layout should take into consideration pedestrian movement and pedestrian crossings shall be installed where deemed necessary by the Town Engineer.
Structured parking. Multileveled structured parking may be considered to provide additional parking on site without using additional land area provided that it meets the following requirements:
Structured parking shall utilize the architectural vocabulary of surrounding building facades and shall be made to appear as an occupied building or utilize liner buildings.
Blank walls shall not be permitted.
Structures shall utilize design elements such as arcades, awnings, landscaping, colonnades and/or street furniture to incorporate the building into the surrounding area.
Parking entrances shall be identified through increased massing, architectural elements and/or signage to ensure the entrance is easily and safely visible from the access drive or street. Where possible, access shall be from secondary streets or alleys.
[Amended 8-26-2013 by Ord. No. 2013-22]
Driveways on residential lots shall be no closer than three feet to any side or rear property line, except that, on lots that are 50 feet or less in width, the Zoning Officer may permit driveways to be located no closer than one foot to a side or rear property line. In those instances where a common driveway is proposed by adjoining property owners, then no driveway offset from the common property line is required.
Off-street parking on areas other than driveways is prohibited within the front yard setback of single-family detached and duplex residential dwellings.
[Amended 6-9-2014 by Ord. No. 2014-9]
The parking, or maintenance of any commercial vehicles exceeding gross vehicle weight rating (GVWR) of 15,000 pounds, including trailers and any items connected to and/or towed by the vehicle, located on any residential properties is prohibited. Garaging of all commercial vehicles exceeding 15,000 pounds in GVWR, including trailers and any items connected to and/or towed by the vehicle, is permitted on residential properties, provided the structure was lawfully constructed and is an enclosed solid structure with a full closed door.
[Added 8-26-2013 by Ord. No. 2013-22]
Fences or walls.
Fences or walls in excess of 18 inches in height shall be considered as accessory uses to a principal permitted use and shall be permitted in accordance with the general standards set forth below.
Wherever possible, natural screening shall be used to achieve privacy. However, where a privacy fence appears to offer a better alternative than the absence of such fence or natural screening due to circumstances involving the characteristics of the affected properties, fences conforming to this section shall be permitted.
The finished side of all fence surfaces shall face adjacent properties.
No fence shall be erected of barbed wire or similar harmful elements, nor constructed in any manner which might be dangerous to persons or animals, except that this restriction shall not apply to farms.
No fence or wall shall be erected in a prescribed sight triangle.
No fence anywhere in a front yard, including a fence running along or approximately parallel to a side lot line within a front yard, shall be more than four feet high.
No fence, running substantially along a rear lot line, or approximately parallel thereto, or otherwise in a rear yard, shall exceed six feet in height measured from average grade corresponding to each eight-foot section of fencing. If such fence has decorative scalloped panels or pickets along its upper edge, height may be measured to the lowest point of such edge, thus allowing posts and corresponding elements to exceed the height limitation of this subsection, but in no event by more than one foot. Where a rear yard or side yard of a corner lot abuts a side lot line and front yard of an adjacent lot, then in no event shall a fence in such rear or side yard on the corner lot exceed four feet in height such portion thereof which lies parallel to or otherwise substantially alongside the front yard of the adjacent lot.
All fencing other than a stone fence, stone (or masonry) wall, or iron-decorative type fence shall be constructed of wood or a material that is relatively indistinguishable from wood.
Walls of masonry or natural stone (not retaining walls), such as New England drywalls and rows of fieldstone, shall not exceed a height of four feet.
Without limitation hereto, the following fences and fencing materials are specifically prohibited:
Barbed wire or other hazardous construction or material unless on a farm;
Canvas, fabric or cloth fences;
Electrically charged fences unless on a farm;
Temporary fences, such as snow or silt fences, except as the latter may be necessary during development or other approved land disturbance;
Plastic slats or other inserts in woven wire fences.
Any fence, wall or similar structure as well as shrubbery screening which substantially cuts off light or air or which may cause a nuisance, dangerous condition or a substantial fire-fighting impediment shall be prohibited.
Notwithstanding § 320-24A(8), woven wire fencing may be substituted for wood or simulated wood fencing for safety, a dog run or other appropriate reason; provided, however, that the closed loop edge shall be at the top, and no part of such fencing shall lie within a front yard.
Swimming pool fences. Every private swimming pool shall have a fence enclosure which complies with (BOCA) Building Officials and Code Administrators International.
Retaining wall. Any retaining wall 48 inches or greater in height shall be designed by a licensed professional engineer and shall require a building permit.
No fence or wall shall be placed within one foot of any property line unless a single fence is placed along a common property line as agreed to by adjoining property owners.
[Added 9-16-2015 by Ord. No. 2015-24]
Fences and walls shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
[Added 9-16-2015 by Ord. No. 2015-24]
Temporary fences must meet all setback and height requirements of permanent fencing.
[Added 9-16-2015 by Ord. No. 2015-24]
A fence permit is required to be issued by the Zoning Officer prior to the erection or replacement of any fence, except that temporary fences do not require a permit, however they must meet all height and setback requirements of permanent fences. An application for a fence permit shall contain such information as to ensure conformance with the above standards and, at a minimum, should include a plot plan indicating the location of fencing, fence material, the lot's front, side and rear yard setback requirements, and an indication of the proposed fence height in relation to the front yard setback and remainder of lot as applicable.
[Added 9-16-2015 by Ord. No. 2015-24]
A detailed landscape plan in accordance with the site plan and subdivision standards shall be prepared by a licensed landscape architect for all site plan proposals.
The landscape plan shall include the highest quality materials and, at minimum, specify type and color of pavers and other hardscape materials, type and quality of decorative lighting fixtures, specific color and material of decorative site furnishings, as well as locations and quantities of each. The landscape plan shall also include species, sizes, and planting plans for all vegetation.
All street tree types shall be recommended by a local arborist, nurseryman, or landscape architect acceptable to the Planning Board and shall be a type suitable for the area's environment. Lists of suitable trees are available from the Community Forestry Council, a division of the New Jersey Division of Parks and Forestry, or the New Jersey Nursery and Landscape Association.
Native plants should be used before other alternatives.
All landscape materials planted by the developer must have a two-year maintenance guarantee. If any planting materials die within two years of planting, they must be replaced during the following planting season.
All open areas not covered by buildings, paving, and sidewalks shall be graded and landscaped.
Rainwater management shall be integrated into the site design. Rainwater shall be captured and stored for nonpotable uses.
All landscaped areas must be well maintained, cleared, clipped and pruned to provide a positive healthy visual character.
Hardscape requirements for streetscape.
Barrier-free access to all pedestrian spaces is required.
Vehicular travel lanes shall be constructed of asphalt. Textured pavement such as brick, synthetic brick, cobblestone, pavers, and/or stamped concrete shall be used on all crosswalks, to act as a traffic-calming device, and on internal lanes where feasible.
All curbing should be granite block, or a poured, brushed concrete. Asphalt curbing is expressly forbidden. Curbs shall be six inches in height from the final top height of the pavement.
Sidewalks shall be constructed of scored concrete with brick edges and dividers or textured paving materials. The paver strip along the curb edge must be brick, synthetic brick or another approved paver.
Crosswalks shall be of similar material and color as the paved sidewalks or textured strip and be in conformance with the street typology and pedestrian plan. Crosswalks must be of a different paving material or color than the road surface.
Utilities shall not be located within the planting strip.
Sidewalk areas shall be continuous across any driveway, including any decorative paving elements.
Access to any driveway shall be via a dropped curb and sloped apron. Said access shall not be provided by the use of radius curbing and an extension of the street pavement.
Driveway widths and curb cuts shall be kept to the minimum width necessary.
Parking entrances. Entrances to off-street parking shall vary by building type and shall be located on surface parking areas located behind the primary structure.
Planting requirements for streetscape.
All trees shall be a minimum of 2.5 inches in caliper measured at breast height (DBH) and have a minimum branch height of six feet at time of planting for yard trees, 10 feet minimum branch height for street trees.
Street tree planting should be strategically phased to ensure procurement of large quantities of uniform and consistently sized specimens of specifically selected species.
Trees should only be planted during appropriate spring and fall planting seasons to the highest arboricultural industry standards; appropriate root barriers shall be installed at the time of planting.
Native tree species with proven success shall be thoroughly searched by a plant broker before consideration of alternate species.
Street trees shall not be planted within the clear sight triangle of each intersection.
Lighting requirements for streetscape.
A unified standard for streetlighting within the area must be used. The use of a similar style to the fixtures used throughout the downtown of Newton is highly recommended to maintain continuity throughout the Town. Final approval of the fixture, pole type, and location will be made by the Planning Board.
Streetlighting shall be placed in the textured strip between the curb and sidewalk.
All streetlighting and exterior building lighting shall be designed to not shine upward so as to contribute to the illumination of the night sky and cause the effect known as "sky glow."
All streets shall have decorative, pole-mounted lamps that are 12 feet to 14 feet in height, spaced a maximum of 40 feet on center.
Metal-halide (or comparable light quality) lamps are suggested for their efficiency and light quality. Mercury vapor and high-pressure sodium lighting shall not be allowed.
A comprehensive lighting plan must be provided with sufficient detail to illustrate that proper illumination is provided. The plan should illustrate all streets, all attached building lights, types of fixtures, lighting intensities, lighting patterns, filament type, shape of lens, and direction of illumination.
All streetlights shall have illumination and uniformity ratios which do not exceed the recommendations of the Illuminating Engineering Society of North America (IESNA). All sidewalks adjacent to roadways shall maintain a minimum 0.5 footcandle coverage.
[Amended 5-27-2015 by Ord. No. 2015-14]
Adequate exterior lighting shall be provided for safety while not casting light onto adjacent properties or shine onto streets or driveways in such a manner as to interfere with or distract driver vision.
All lighting shall use shielded light fixtures to prevent misdirected or excessive artificial light and maximize energy efficiently.
Semipublic edge requirements.
No asphalt paving or wood decking is allowed between the building line and the curb edge. Any paved area including walkways, etc., shall have equal or greater detail than the adjacent sidewalk.
Every building shall have direct access from the sidewalk to the primary pedestrian ingress and egress of a building by way of a walkway separate from driveways. Materials of the walkway shall complement the color and design of the building and the sidewalks.
All building frontages must be landscaped with appropriate vegetation (shrubs must measure at least 30 inches in height and 30 inches in width at the time of planting and be planted at the minimum spacing standard).
Fencing along all street frontages/semipublic edges shall not exceed three feet in height.
Only decorative-style fences, such as tubular steel or wrought-iron-type fences, are permitted along street frontages and along semipublic edges. The design of the fencing shall complement the architectural style of the building.
The use of native shrubs and grasses is encouraged.
Shade trees, flowering trees, and evergreens must be kept properly pruned.
All parking areas must be appropriately screened along the periphery on all sides as required.
Fifty percent of paved parking lots' surface shall be shaded by tree canopies within 15 years of planting. Trees shall also be planted in the required landscaped areas along the periphery of the development in order to shade and enhance adjacent property and public rights-of-way.
Green parking lots reduce runoff that is discharged into local water bodies by using natural drainage landscapes. Where possible bioengineered planting strips, bioswales, and rain gardens should be incorporated to reduce the environmental impact of development.
[Amended 9-16-2015 by Ord. No. 2015-21]
The sign standards section is intended to encourage signage which is compatible with the character of the building's architectural design and other signs and buildings within the vicinity of the business. These standards encourage efficient use of signage and minimization of visual clutter. Creativity and unique designs are encouraged that develop distinctive images using high quality craftsmanship and materials.
General sign provisions.
No sign shall be constructed or displayed unless a permit shall have first been obtained from the Zoning Officer, unless specifically permitted without a Zoning Permit pursuant to this section. One permit is required per sign for each location, unless otherwise stated in this section.
No sign shall be placed so as to interfere with or be mistaken for a traffic light or similar safety device or interfere with traffic visibility.
Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by public authority is prohibited.
No advertising sign shall be erected or located on, within or over any public right-of-way; excepting district identification signs for a business district, historic district, municipal or traffic signs, or parking directional signs over access roads to parking, and except temporary signs as permitted by this section.
No permanent sign or advertising structure shall be erected which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises, unless the business, commodity, service or entertainment is owned or operated by the same business entity as the location of the permanent sign. Any such sign shall meet the requirements of this section. Temporary signs that cross-market businesses or events located off-premises are permitted subject to the requirements of this section.
Wall or ground traffic directional and traffic safety signs containing such wording as "one-way," "do not enter," "stop," "enter" and "exit" may be located on a property in any zone, subject to the requirements of this section.
The graphic content of a sign may be modified without obtaining a zoning permit, provided that the proposed graphic content complies with all applicable provisions of this section.
Any official sign or sign required by a provision of law is permitted in any zone.
All hanging signs, temporary or permanent, must be hung so that the bottom edge of the sign is a minimum of eight feet from grade.
The marquis sign at the Newton Theatre (Lot 10, Block 8.06) is grandfathered and permitted to remain as is as of the date of adoption of this section and can be replaced if partially or completely destroyed. Any new or additional signs at the Newton Theatre must comply with all applicable provisions of the Town Code.
The signs existing at the Plaza Restaurant, 116-118 Spring Street (Block 8.08, Lot 20) are grandfathered and permitted to remain as is, as of the date of adoption of this subsection, and may be replaced if partially or completely destroyed; and may be replaced as is, if removed. Any new or additional signs at the property must comply with all applicable provisions of the Town Code.
[Added 6-11-2018 by Ord. No. 2018-10]
Sign area measurement.
The areas of any sign face shall be measured as the product of the horizontal width and the largest vertical width of the lettering, illustration, display or background. Where there is no geometric frame to the sign, the sign size shall be determined by creating a four-sided box around the largest illustration or lettering in the sign.
The sign area measurement shall not include framing, trim, molding or supporting/hanging structure used to secure sign to the building.
For double-faced signs, only one side is considered into the measurement.
For sign faces that are not parallel (e.g., V-shaped signs) both faces shall be considered into the computing of sign area. Sandwich boards shall be exempt and only one side measured in sign size calculation.
Externally illuminated sign sources shall be shielded or directed so as to not produce glare. Externally illuminated signs, including halo effect signs, may be permitted with a zoning permit, provided that they meet the standards of this section.
Internally illuminated signs that are larger than eight square feet may be permitted following Planning Board approval via a minor site plan application, if not included in a major site plan application. The Planning Board must find that the sign is in keeping with the surrounding area and the architectural features of the building, is not in conflict with the goals of the master plan for that zone and is not a nuisance to adjacent properties.
Freestanding, ground-mounted or wall/blade signs utilizing digital/LED lettering, also known as "electronic message boards (EMB)," may be permitted following Planning Board approval via a minor site plan application, if not included in a major site plan application. The EMB shall be measured around the edges of the display board. The EMB may be a portion of or all of the sign area. The EMB must be fitted with a dimmer to adjust the lighting intensity so that it doesn't cause a nuisance or glare. The maximum luminance of the EMB shall be 10,000 nits during daylight hours and 500 nits during nighttime hours for full color displays. Monochrome displays shall have a maximum of 8,000 nits during daylight hours and 400 nits during nighttime hours. Lettering on the sign may change at a maximum of one message per 15 seconds. The Planning Board must find that the sign will not cause any traffic safety concerns and is not a nuisance to adjacent properties.
[Amended 1-30-2017 by Ord. No. 2017-1]
During construction, one sign for each project or development phase may be displayed, indicating the name of the project, developer, design professionals, general contractor, subcontractors, financing institution, and/or public agency officials (as applicable and appropriate). Construction signage must not exceed 25 square feet. Construction signage must be removed within 48 hours of obtaining a certificate of occupancy.
Temporary signage and banners.
Temporary ground signs or banners that do not exceed the number and size as noted above may be displayed with a zoning permit, provided that the temporary sign does not interfere with pedestrian or traffic safety and the sign remains in good condition.
Temporary window signs placed inside the window may be utilized by businesses, provided they do not cover more than the percentage of window as noted above and remain in good condition. Said window signs may be displayed without a zoning permit so long as they remain in good condition and do not represent a hazard or nuisance. Windows of businesses that are vacant may have the windows covered 100%, temporarily until occupied, unless said covering is determined to represent a hazard, nuisance or security issue by the Zoning Officer or Chief of Police.
Temporary signs for elections and community events, such as tricky trays, yard sales, etc., are permitted, subject to the following requirements:
Size: Maximum size in the T-1, T-2 and T-3 Zones is four square feet. Maximum size in all other zones is 16 square feet.
The property owner must consent to the sign on his/her property.
The sign may be placed on the property up to 30 days prior to the event and must be removed within 72 hours following the event. A zoning permit is not required for temporary election or community event signs.
Real estate signs may be placed in front of a building for sale or lease in all zones, as noted above, until such time as the building is sold, leased or taken off of the market. The sign shall be removed within 72 hours of the closing of the sale of the property, signing of the lease on the property, or removal of the listing for the property. A zoning permit is not required.
Location of signage.
No sign shall be placed in any location so as to block the safe movement of cars, bikes, pedestrians or other traffic at any driveway or street intersection.
No sign shall be located in an area along a sidewalk, walkway, driveway or access so as to block the safe access of the property or impact handicap accessibility standards.
Wall-mounted signage may be placed above the first floor facade to identify a business on the upper floors of a building, or to identify the building, provided that the sign size and number meet the standards of this section.
Moving, animated, flashing, blinking or rotating signs or lights, as well as streamers, pennants and similar displays, are prohibited in all zones, except EMBs and barber shop poles, as noted above. This prohibition includes balloons, other inflatable objects, searchlights, and flexible signs where movement is produced through operation of a fan or similar device, except that up to four standard-sized balloons may be attached to portable signs.
Roof signs, feather flags.
Exempt signage. The following exemptions shall apply only to the requirement for a zoning permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition:
Memorial tablets or signs, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials. Maximum size is four square feet.
Residence designation signs, including names on mailboxes and residences and address signs on mailboxes and buildings, including 9-1-1 address signs, provided that the sign does not exceed two square feet.
Signs used on properties warning the public against hunting or trespassing thereon, provided that the sign does not exceed two square feet.
The flag of a government or noncommercial institution such as a school.
Religious symbols and seasonal decorations within the appropriate recognized season or holiday.
Temporary community event and political signs, provided they meet the standards of this section.
Portable signs, decorative or open flags and open signs, provided they meet the standards of this section.
Real estate signs, provided they meet the standards of this section.
Temporary windows signs, provided they meet the standards of this section.
Relettering of a previously approved sign, provided that the size or location of the sign does not change.
Business or historic district directory signs, wayfinding signs, signs setting forth rules of conduct and/or light pole banners.
Temporary grand opening signs and/or banners for the first 30 days the signs are displayed.
Signs and banners over public streets.
No person shall be permitted or allowed to place, erect or maintain, or cause to be placed, erected or maintained any sign, banner or other device over any public street in the Town of Newton, except for approved utilization of the existing decorative poles located on Spring Street, which shall be granted only for advertisement on behalf of a bona fide religious, charitable, educational, or municipal organization, in connection with the organization or a related campaign, or for an event in the interest or welfare of the public as determined by the Town Manager or his/her designee.
A fee of $50 shall be charged in connection with the application for signs or banners over Spring Street under this section and the erection and removal of the sign or banner by the Town.
Applications shall be submitted to the Municipal Clerk's office; reviewed by the Director of Public Works, Supervisor of Public Works or his/her designee, to confirm sign safety; approved by the Town Manager or his/her designee; and issued by the Municipal Clerk or Deputy Municipal Clerk. Any application that does not meet the satisfaction of the Director of Public Works, Supervisor of Public Works or his/her designee as to safety shall be denied.
Only one sign or banner may be present at a time. Licenses shall be issued on a first-come, first-served basis, based upon time of submission of application.
After being granted, such approval pursuant to this section shall be valid for a maximum of four weeks.
An application for a sign or banner over Spring Street shall contain:
A statement of eligibility to apply for a sign or banner under the terms of this section; and
The weight and dimensions of the sign or banner, and the type of fastenings proposed to be used; and
Any such other information as may be required by the Director of Public Works, Town Manager, Municipal Clerk or Deputy Municipal Clerk.
Upon application, and prior to approval of the sign or banner, the following must be obtained:
[Amended 8-26-2013 by Ord. No. 2013-22]
The following provisions shall apply to all lawfully existing nonconforming uses, structures, driveways or lots as well as all uses, structures or lots that become nonconforming by reason of any subsequent amendment to this chapter.
Existing uses, expansion of nonconforming uses. Any nonconforming use existing at the time, or created as a result, of the passage of this chapter may be continued upon the lot or in the structure so occupied. No nonconforming use may be extended or expanded over a larger area than it occupies at the time of enactment of this chapter.
Existing structures, enlargement or nonconforming structures. Any nonconforming structure existing at the time, or created as a result, of the passage of this chapter may be occupied, restored or repaired in the event of partial destruction thereof. Any such structure, which is substantially destroyed as deemed by the Construction Official, shall not be reconstructed or used except in conformance with this chapter. No nonconforming structure may be enlarged or expanded to cover a larger area than it occupied at the time of the adoption of this chapter without an appeal for variance relief.
New single-family and duplex residential uses are not permitted. Single-family and duplex residential uses existing in the SD-3 District prior to the effective date of this chapter, May 2, 2012, may remain subject to the bulk standards in effect prior to this ordinance. Such single-family and duplex residential uses may be rebuilt either within the same footprint or in a new location subject to the standards of the zone in effect prior to May 2, 2012, if partially or completely destroyed by natural causes or involuntarily destroyed by human causes. This does not apply to residences that have been destroyed by voluntary means. Remodeling and expansion of preexisting nonconforming residences is permitted, provided that the expansion complies with ordinance standards of the zone in effect prior to May 2, 2012 or is within the existing building footprint.
[Added 11-26-2018 by Ord. No. 2018-21]
Any nonconforming driveway existing at the time, or created as a result, of the passage of Ordinance No. 2013-22 (August 26, 2013) may be restored, replaced or repaired, provided such driveway has not been abandoned (pursuant to Subsection F below). No nonconforming driveway may be enlarged or expanded to cover a larger area than it occupied at the time of the adoption of Ordinance No. 2013-22 (August 26, 2013) without an appeal for variance relief.
Existing lots, nonconforming area, width and setback.
Any lot nonconforming in area or width which was under one ownership or under contract of sale as of May 1969, when the owner thereof owns no adjoining land may be used as a lot for any purpose permitted in the zone, provided that the lot complies with all other regulations for the zone.
Where a lot is situated between two lots, each of which is developed with a main building which projects beyond the established front building line and has been so maintained since May 1969, the minimum front yard depth required for such lot may be the average of the front yard of the existing buildings. Where a lot is situated between one lot developed as described above and a vacant lot, the minimum front depth required for such lot may be the average of the front yard of the existing buildings and the established front setback.
Conversion to permitted use. After a nonconforming building or use has been converted to a permitted use, it shall not be changed back again to a nonconforming use.
Abandonment. If a nonconforming use has been abandoned, such use shall not be reinstituted. Cessation of a nonconforming use for a continuous period of one year may be taken as prima facie evidence of an intent to abandon such use.
Note: Uses listed as a conditional use in a particular zoning district may be permitted by the Planning Board only after it has determined that the development proposal complies with the conditions and standards set forth below for the particular use. Each application for a conditional use shall be accompanied by a proposed site plan showing the size and location of the lot, the location of all buildings and proposed facilities including access drives, parking areas, and all streets within 200 feet of the lot.
Professional occupations. Professional occupations including the office of a physician, surgeon, dentist, minister, architect, engineer, attorney, optometrist, accountant, veterinarian, or similar professional person when located within his/her dwelling or in an accessory building on the same lot, provided that:
No more than one lighted nameplate or professional sign not over two square feet in area shall be permitted. The nameplate shall be attached to the building.
No more than two people, who are not residents of such dwelling, shall be employed in such office. The Planning Board shall determine whether a proposed professional use is similar to the professional uses herein authorized.
Off-street parking shall be provided at the rate of one space per 200 square feet of office space in addition to the parking required for the residential use. At a minimum, one space per employee and one space for client parking are required.
A zoning permit shall be required prior to the establishment of any professional occupation.
Home occupations. The following conditions shall apply:
No person other than members of the family residing on the premises plus up to two outside employees shall be engaged in such occupation. The person whose occupation is being operated from the home shall reside on the premises.
Use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the principal structure or 50% of the floor area within an accessory building on the lot shall be used in the conduct of the home occupation.
Such occupation may be pursued in the principal dwelling structure or accessory building, but shall give no external evidence of nonresidential use other than a small nameplate sign not to exceed two square feet in size attached to the structure, and shall not display products visible from the street.
No traffic or parking shall be generated in excess of three passenger automobiles at any one time in addition to those used by the owner or tenant, all of which must be parked off street in properly designated spaces. No off-street parking shall be permitted in the front yard setback or in front of the building.
No mechanical or electrical equipment is used that will be detectable to the normal senses or that will create electrical or radio or television interference.
No goods, chattels, materials, supplies or items of any kind can be delivered either to or from the premises in connection with the home occupations except in a car, station wagon, van or other four-wheeled vehicle, i.e., FedEx truck or UPS truck.
No occupation involving the general retail sale of merchandise to the public, as distinguished from the filling of prior orders for specific merchandise, shall be permitted.
There shall be no more than one home occupation in any one dwelling unit.
Cemeteries. Cemeteries shall be subject to the following conditions:
Clubs, lodges and fraternal organizations. Clubs, lodges and fraternal organizations shall be subject to the following conditions:
No building or part thereof or any parking or loading area shall be located nearer than 25 feet to any street or lot line.
No alcoholic beverage license is issued or shall be used in connection therewith.
A ten-foot-wide landscaped buffer, screen or fence shall be placed along abutting residential side or rear lot lines to screen from view the parking and/or loading zones of such conditional use.
Residential cluster development.
Residential cluster development for single-family dwellings may be applied for in accordance with the provisions of this section to modify bulk and area requirements specified in the T-2 and T-3 Districts.
The total number of lots erected in a residential cluster development shall not exceed the maximum number of lots that can be created by subdividing the property in conformance with the area and lot requirements as set forth in the T-2 and T-3 Districts, whichever is applicable. A conceptual sketch plan shall be submitted in order to establish the maximum number of lots that can be counted for clustering purposes. In computing the maximum number of lots that may be created, any proposed lot occupied by public utility easements or otherwise encumbered by steep slopes, flood hazard areas, freshwater wetlands or public utility easements to the extent that these constraints would render a proposed lot unbuildable shall not be considered as a lot in the preparation of the sketch plan.
Any residential cluster development must contain a minimum of 10 acres. Lots may be reduced in size, provided that a minimum of 40% of the total tract shall be devoted to common open space.
The common open space shall be accessible to all residents of the residential cluster. The maximum feasible number of lots shall be adjacent to the common open space as is reasonably possible. The configuration of common open space should be so arranged that connections can be made to existing or future adjacent open spaces and to contiguous publicly owned open space. Sections of common open space not connected to other sections of common open space shall be discouraged, unless required by particular site constraints. The common open space shall maximize the sense of openness of the residential cluster when seen from public roads and other vantage points in abutting developments, if applicable.
A developer may apply to the Planning Board for permission to donate common open space land derived from application of a cluster technique as provided for below. Any disposition of common open space shall be subject to the requirement that the common open space will be retained and maintained for open space use in perpetuity:
In situations where the parcel of land proposed for a residential cluster development is part of a larger tract in the same ownership, a conceptual plan of the entire tract showing how the contiguous undeveloped land could be developed shall be provided.
Group care facilities and households. A group care facility is a dwelling unit housing persons unrelated by blood or marriage and operating as a group family household such as, but not by way of limitation, halfway houses, recovery homes, homes for orphans, foster children, the elderly, battered children and women, specialized treatment facilities providing less than primary health care, intermediate care facilities, supervised apartment living, hostels or any other group of individuals not related by blood, marriage, adoption or guardianship living together as a single housekeeping unit in an intentionally structured relationship providing organization and stability. Such group care facility or family household is permitted subject to the following express conditions:
Any such facility shall be limited to eight such persons plus not exceeding four staff members.
The residence shall have at least two means of egress.
There shall be at least 425 square feet of open yard area, exclusive of parking areas, buffer strips, or gardens, for each inhabitant of the facility, including staff.
Off-street parking shall be provided on the basis of one space for each staff member and one space for each occupant. Parking areas shall be constructed in compliance with § 320-8. Parking spaces shall be located at least 20 feet from any principal structure, unless located in a building.
There shall be a buffer strip on all parcel lines, except public street lines, at least 15 feet in width or 25 feet when abutting existing residential uses, which shall be landscaped so as to create a visual screen at least four feet in height at the time of planting. The planting shall be in double alternate rows so as to assure maximum privacy. Such planted buffer strip shall be maintained at all times.
Access shall be adequate for all emergency vehicles and there shall be a hydrant located within 600 feet of the premises.
Where by statute up to six persons are specifically permitted in one or more of the types of facilities specified above, the statutory number of persons shall be permitted; subject, however, to compliance with Subsection F(2) through (6) of this section. Where by statute certain of such uses are permitted in all residential zones, they shall be subject to Subsection F(2) through (6) of this section.
Licensed taxicab business office. Officers used for conducting licensed taxicab business shall be subject to the following regulations:
One off-street parking space shall be provided for each licensed taxicab.
Storage parking areas for taxicabs shall be suitably screened from public view at the rear and side lot lines. No taxicab storage other than for one such vehicle shall be permitted in the front yard or in front of the building used to conduct such business.
Motor vehicle sales and repairs; motor vehicle service stations and commercial garages. Motor vehicle service stations, motor vehicle commercial garages, motor vehicle sales and repairs, except motor vehicle wrecking yards, shall be permitted provided that the following conditions are met:
At no time shall more than five motor vehicles which have been involved in accidents or which are in such condition they cannot operate under their own power be stored, maintained or be permitted to stand upon any premises.
This provision, however, shall not apply to such vehicles if kept in a building and further provided that no such vehicle or vehicles shall be stored, kept or maintained on any premises for a period of longer than 30 days, except within a building or enclosure as hereinabove provided.
Where a motor vehicle service station is duly licensed to provide propane gas tank refilling services, such service shall be accessory to the service station principal use. Such tank refilling activity shall be located on the lot so as not to impede safe traffic flow on the site and shall be adequately fenced and screened from abutting properties.
Motor vehicle body shops. Motor vehicle body shops shall be permitted, subject to the following provisions:
They must be accessory to either motor vehicle sales, motor vehicle repairs, services stations or commercial garages.
At no time shall more than five motor vehicles which have been involved in accidents or which are in such condition they cannot operate under their own power be stored, maintained or be permitted to stand upon any premises.
This provision, however, shall not apply to such vehicles if kept in a building and further provided that no such vehicle or vehicles shall be stored, kept or maintained on any premises for a period of longer than 30 days, except within a building or enclosure as hereinabove provided.
Farm and agricultural uses. In the districts where farm and agricultural uses are permitted, the following additional provisions governing their use shall apply:
Such uses are conducted upon a lot not less than five acres in area.
No building or structure used for shelter or enclosure of fowl, game, horses, farm livestock, or adult dogs shall be closer to any property line than 200 feet.
Buildings used for the shelter of fowl of any kind shall have a maximum usable floor area of 2,000 square feet for the first 10 acres and 5,000 additional square feet for each additional acre.
One domestic horse for the personal use of the occupants of the residence may be maintained on any lot at least three acres in size.
The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:
The sale of such products is within the confines of the property upon which they have been grown or raised.
The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side lot line.
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard.
The sale of any such products shall also require a suitable amount of off-street parking and loading space as required in the general off-street parking section of this chapter.
Bed-and-breakfast dwelling. A bed-and-breakfast dwelling shall meet the following conditions and standards:
Application. The lot shall be located within the locally designated historic district.
Bulk standards. A bed-and-breakfast facility shall conform to the zone district's dimensional and area requirements for a residential use.
Parking. In addition to the required off-street parking for the principal use, one parking space for each guest room and one space for each employee of the facility shall be provided. Reduction in the required number of off-street parking spaces may be permitted by the Planning Board at the time of site plan review, upon demonstration that shared parking or an alternate site location is feasible, adequate and available for the term of the bed-and-breakfast use.
Additional design standards.
Unless required for the principal use, a bed-and-breakfast dwelling does not require an off-street loading space.
Landscaping or screening shall be provided to adequately shield from view rear yard activities including required off-street parking spaces from adjoining residential properties.
No parking shall be permitted in the required front yard set back or in front of the building containing a bed-and-breakfast.
The architectural character of any structure to contain a bed-and-breakfast facility shall be consistent with the scale and visual character of surrounding properties. Any improvements to the structure shall conform with the design guidelines for the historic district.
No freestanding ground signs shall be permitted. One wall or hanging business sign limited to eight square feet shall be permitted, provided it also conforms to other applicable historic district design guidelines.
Food production. Food production facilities shall meet the following conditions and standards when permitted as a conditional use:
There shall be no external smells, odors, smoke, glare or otherwise visible or detectable evidence of the food production taking place.
The inclusionary housing provisions of this chapter apply to all development proposed to be undertaken on inclusionary sites zoned to provide for an affordable housing component.
In addition to the criteria outlined herein for affordable units, at least 50% of all affordable units in each development shall be affordable to low-income households.
Administration. Newton has contracted with the State of New Jersey's Affordable Housing Management Service for administration of affordability controls and other matters related to the marketing, tenancy, sale and monitoring of compliance with various requirements associated with low- and moderate-income housing provisions of this chapter. The Affordable Housing Management Service shall be operational within 90 days for issuance of any certificate of occupancy for a development containing low- and moderate-income housing. Depending on the needs found in Newton, the following services are provided:
Assisting with marketing of Newton's affordable housing units.
Establishing a screening process for potential home buyers or tenants based on income eligibility.
Maintaining eligibility lists.
Referring eligible home buyers and renters to available units.
Determining maximum resale prices or rents.
Establishing procedures to ensure that affordable housing units continue to be occupied by and affordable to low- and moderate-income households for the restricted time frame.
Providing housing counseling services to potential home buyers.
Assisting households through settlement procedures.
Program fee requirements.
The Affordable Housing Management Service shall require of applicants seeking final approval for development projects with low- and moderate-income dwelling units an initial registration fee at the time of issuance of a certificate of occupancy.
Upon resale or rerental of such units, a renewal fee shall be assessed, payable at the time of issuance of the certificate of occupancy in the case of a resale, or at the time of execution of a rental agreement in the case of a rental unit.
The fee schedule will be reassessed annually and revised as needed. The resale fee in effect at the time of each sales transaction closing shall prevail at the next resale.
Projects receiving funding from the NJDCA Neighborhood Preservation Balanced Housing Program will be charged internally for initial occupancy. All subsequent resales and rentals will be charged as noted above.
Initial contract fees for sales and rentals will be billed and collected on signing of the agreement with Newton. Newton shall have an option of paying for its entire unit inventory at the prevailing fee at the time of initial contract or of negotiating an installment plan. If payment is delayed, Newton or the developer will be charged the initial contract fee in effect at the time of payment. Subsequent reoccupancy fees will be billed and collected at the time of sale or lease agreement (rental).
In order to ensure that both low- and moderate-income units are affordable by a range of households within each household size, the average price of low- and moderate-income units within an inclusionary development shall be, as best as is practicable, affordable to households at 57.5% of the median income.
The following range of affordability for purchased housing shall be required for every 20 low- and moderate-income units:
For-sale dwellings. Monthly cost of shelter, to include mortgage (principal and interest), taxes, insurance and homeowner's or condo association fees, shall not exceed 28% of gross household Section 8 income limits as defined and adjusted from time to time for varied low- or moderate-income household sizes by the United States Department of Housing and Urban Development. Homeowner's or condo association fees for low- and moderate-income units can be increased by an annual percentage not to exceed the CPI housing component only for the region in which the Town of Newton is located.
For-rental dwellings. Monthly cost of shelter, to include contract rent and utilities (gas, electric, oil, water and sewer), shall not exceed 30% of gross household Section 8 income limits as defined and adjusted from time to time for varied low- or moderate-income household sizes by the United States Department of Housing and Urban Development.
For purposes of relating affordability to household size, households of the following size shall be assumed to occupy units of the following size, and sale or rental price shall not be affected regardless of the size of the household actually occupying the unit:
Residency preference: affirmative marketing area.
For rehabilitated housing units, eligible persons who reside in the municipality shall have preference over those who do not reside in the municipality.
For newly constructed units, there shall be an occupancy preference to low- and moderate-income households that reside or work in the Counties of Sussex, Bergen, Hudson and Passaic.
For housing unit resales and rental/rerentals, affirmative marketing area and occupancy preference shall be expanded to include eligible persons who live or work in Essex, Morris, Union and Warren Counties.
Distribution and location criteria.
To the extent reasonably attainable, the low- and moderate-income units shall be situated generally so as not to be in less desirable locations than other units in the development and shall be no less accessible to the common open space and public facilities, if provided, than the other units.
At a minimum, 35% of the low- and moderate-income units shall be two-bedroom units, 15% shall be three-bedroom units, and no more than 20% may be efficiency units.
No more than 25% of the Town's total fair share obligation after credits and adjustments may be age-restricted for the elderly. The Planning Board shall monitor applicant requests for any age-restricted low- or moderate-income units to ensure any preliminary approval granted does not cause the Town to exceed the total twenty-five-percent cap on such units.
The low- and moderate-income units shall obtain certificates of occupancy in tandem with the market rate units according to the following schedule:
If the number of low- and moderate-income units to be provided includes a fraction, the number shall be rounded up. If the number of market-rate-income units permitted includes a fraction, the number shall be rounded down.
Affordability requirement for residential conversions.
In those development applications involving the conversion of a nonresidential structure into a residential use containing more than 25% dwelling units, an inclusionary set-aside requirement of 10% of the total dwelling units to be created from such conversion shall be affordable to low- and moderate-income families according to the guidelines contained herein.
Development applications seeking a market-rate residential use variance for other than single-family detached dwellings and containing either a gross density of four or more units per gross acre or more than 25 units shall be granted only with a minimum ten-percent set-aside for low- and moderate-income housing. If, however, the use variance grant results in a gross density of six or more units per acre, then the low- and moderate-income housing set-aside requirement shall be increased to 20% of the total units approved.
Purpose. The purpose of this section is to create the opportunity to locate state of the art wireless telecommunications facilities in areas where there will be either minimal or no appreciable adverse impact on the character of the Town. The intent of this section is to limit the location of such facilities to areas which are acceptable to communications companies wishing to provide services to ensure competition is fostered among local wireless service providers, to ensure opportunities for economic development are created, and to ensure local government benefits from services by telecommunications providers. Further, the purpose of this section is to establish general guidelines for the siting of wireless communications facilities including towers and antennae. The goals of this section are to:
Encourage the location of towers in specific areas within the Town.
Minimize the total number of towers constructed within the Town.
Strongly encourage the joint use of new and existing tower sites among telecommunications providers.
Enhance the ability of telecommunications providers to provide such services to the community quickly, effectively and efficiently.
Exempt from the provisions hereof noncommercial amateur radio antennae and structures which attend private residences.
Encourage users of towers and antennae to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
Encourage users of towers and antennae to configure them in a way that minimizes the adverse visual impact of the towers and antennae through careful design, siting, landscape screening, and innovative camouflaging techniques.
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Town of Newton shall give due consideration to the Master Plan, the Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennae.
Provide requirements for eligible facilities requests for modifications to existing towers that do not constitute a substantial change.
[Added 10-14-2015 by Ord. No. 2015-27]
Definitions. Definitions shall include the following:
- Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or television signals.
- ELIGIBLE FACILITIES REQUEST
- A request for modification of an existing wireless tower
or base station that does not constitute a substantial change (as
defined herein) and involves co-location of new transmission equipment;
removal of transmission equipment; or replacement of transmission
equipment.[Added 10-14-2015 by Ord. No. 2015-27]
- The Federal Aviation Administration.
- The Federal Communications Commission.
- When referring to a tower or other structure, "height" shall mean the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna or other appurtenances.
- PREEXISTING TOWERS and PREEXISTING ANTENNAE
- Any tower or antenna for which a zoning permit has been issued prior to the effective date of this section.
- STEALTH TOWER STRUCTURE
- Man-made trees, clock tower, bell steeples, light poles and other similar alternative design mounting structures that camouflage and/or conceal the presence of antennae or towers.
- SUBSTANTIAL CHANGE
- A modification that substantially changes the physical dimensions
of an eligible support structure, as defined by 47 CFR 1.50001(c),
as may be amended, but which currently provides the following criteria:[Added 10-14-2015 by Ord. No. 2015-27]
- (1) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater [Note: Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, 47 CFR 1.40001(b)(7)(i)(A).];
- (2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
- (3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
- (4) It entails any excavation or deployment outside the current site;
- (5) It would defeat the concealment elements of the eligible support structure; or
- (6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsections (1) through (4) of this definition.
- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae for telephones, radio, beepers, pagers, and similar communications purposes including self-supporting lattice towers, guyed towers or monopole towers. The term includes but is not limited to radio and television transmission towers, microwave towers, common carrier towers and cellular or other wireless telephone towers. The term also includes the structure and any support thereof.
- WIRELESS COMMUNICATIONS FACILITIES
- Any structure or group of structures including but not limited to towers and antennae, designed and constructed for the purpose of facilitating communications for radios, beepers, pagers, mobile telephones or any other similar devices.
Conditionally permitted uses.
Wireless communications facilities including towers and antennae shall be conditionally permitted in the T-1 and T-2 Zones, subject to the following specific conditions and standards:
The property shall be owned, leased or otherwise controlled by the Town of Newton, County of Sussex or a public college, provided a license or lease authorizing such antenna or tower has been approved by the applicable agency. The decision to extend such lease shall be vested solely with the applicable agency and shall not be governed by this section.
Maximum height shall be 120 feet except where more than one set of commercial transmitting/receiving antennae are collocated on a tower; the total height of the tower shall not exceed 160 feet, measured as the overall height including antennae and other appurtenances.
Minimum lot size shall be six acres.
Minimum front yard setback shall be 50 feet or the height of the structure, whichever is greater.
Minimum side yard setback shall be 50 feet or the height of the structure, whichever is greater.
Minimum rear yard setback shall be 50 feet or the height of the structure, whichever is greater.
Minimum distance to residential structures, public or private schools, or houses of worship shall be 750 feet or 300% of the height of the tower, whichever is greater.
The parcel shall have either:
A minimum of 700 linear feet of road frontage on a state highway and a minimum of 100 linear feet of road frontage on a municipal road with a portion of the property being at elevation 835 or higher; or
A minimum of 1,500 feet of road frontage on a county road and a minimum of 1,000 linear feet of road frontage on a municipal road with a portion of the property being at elevation 700 or higher.
At least one corner of the subject property must be located at the intersection of either a state highway and a municipal road, or a county road and a municipal road.
The minimum height of security fence shall be six feet and the maximum height shall be eight feet, exclusive of barbed wire on top.
Equipment shelters constructed in association with antennae or towers located on properties as described above shall maintain a maximum fifteen-foot distance from the base of the structure and shall be appropriately landscaped to minimize visual impact on neighboring properties. In all other zones in the Town, wireless communications facilities as defined herein shall not be considered as either permitted or conditional uses.
Existing structures located on lands owned or otherwise controlled by the Town of Newton, or private water companies, the County of Sussex, the State of New Jersey or the United States of America may be utilized for the placement of antennae subject to the following conditions:
The added equipment shall not extend higher than 25 feet above the existing structure upon which said equipment is to be placed.
The added equipment shall not protrude more than five feet beyond the existing sides of the structure and must not violate existing setbacks.
Equipment shelters constructed in association with antennae or towers located on an existing structure as described above shall maintain a minimum fifteen-foot distance from the base of the structure and shall be appropriately landscaped to minimize visual impact on neighboring properties.
Co-location on an existing structure; eligible facilities request.
[Amended 10-14-2015 by Ord. No. 2015-27]
Application. All applicants shall submit the information necessary for the Town to consider whether an application is an eligible facilities request, as set forth in § 320-30J, below. The applicant will not be required to demonstrate a need or business case for the proposed modification.
Type of review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the Planning Board Engineer shall review such application to determine whether the application so qualifies.
Time frame for review. Within 60 days of the date on which an applicant submits an application seeking approval under this chapter, the Town of Newton shall approve the application, unless it determines that the application is not covered by this chapter.
Tolling of the time frame for review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the Town of Newton and the applicant, or in cases where the Planning Board Engineer determines that the application is incomplete.
To toll the time frame for incompleteness, the Planning Board Engineer must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
The time frame for review begins running again when the applicant makes a supplemental submission in response to the Planning Board Engineer's notice of incompleteness.
Following a supplemental submission, the Planning Board Engineer will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
If the Planning Board Engineer determines that the applicant's request for co-location is a substantial change to co-location on an existing structure as defined in this chapter, the presumptively reasonable time frame, as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the Planning Board Engineer's decision that the application is not a covered request. To the extent such information is necessary, the Planning Board Engineer may request additional information from the applicant to evaluate the application. When the Planning Board Engineer determines that such an application constitutes a substantial change, applicable portions of this chapter and the Newton Town ordinances must be complied with.
Failure to act. In the event the Planning Board Engineer fails to approve or deny a request seeking approval under this chapter within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Town of Newton, in writing, after the review period has expired (accounting for any tolling) that the application has been deemed granted.
Remedies. Applicants and the Town of Newton or its agents may bring claims related to this chapter to any court of competent jurisdiction.
Design standards for towers and antennas. The following design standards shall apply and be considered part of the site plan review process and require approval pursuant to N.J.S.A. 40:55D-50:
Aesthetics. At the discretion of the appropriate land use board, towers and antennae shall meet the following requirements:
Towers shall either maintain a galvanized steel finish subject to any applicable standards of the FAA or the appropriate land use board, or shall be painted a neutral color so as to reduce visual obtrusiveness.
At a lower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings, and shall be located behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be at a neutral ratio that is identical to or closely comparable with the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.