Following the effective date of this chapter, the following regulations shall apply to development in all zoning districts, specialty zoning districts and overlay zoning districts in the City of Pleasantville:
A.
The regulations, standards, controls and designations established by this chapter apply to every structure, lot and use within each zoning district in the City. Such regulations were crafted with reasonable consideration to, among other things, the character of the various zoning districts within the City and their peculiar suitability to particular uses and building controls, and with a view of conserving the value of property and encouraging the most appropriate uses of lands for the various sections of the City.
B.
No building or structure shall be erected, placed, moved, altered, converted, constructed, reconstructed, enlarged, extended, reduced repaired maintained, occupied or used, in whole or in part, nor shall any lands be designed, used or physically altered for any purpose or in any manner except in conformity with regulations established by this chapter for the zoning district in which such building or land is located.
C.
Required. No activity pursuant to § 300-19B shall be undertaken unless a zoning permit evidencing the compliance of such use, building or structure with the provisions of this chapter shall have first been issued pursuant to § 300-34. Exceptions to this provision are exempt development and any use, building or structure requiring subdivision or site plan approval and/or variance relief by the Planning Board or Zoning Board of Adjustment, as the case may be.
D.
No yard or open space required in connection with any building or use shall be considered as providing any required yard or open space for any other building or use on the same or other lot.
E.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements of this chapter for the zoning district in which such lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with the provisions of this chapter.
F.
Uses not expressly permitted by this chapter are prohibited.
G.
Unless otherwise specifically permitted by this chapter, no more than one principal building and one principal use shall be permitted on a lot.
H.
No lot, building, structure or use, whether principal or accessory, shall cause any noise, dust, heat, smoke, fumes, odor, glare, flash, vibration, shock wave, electronic impulses, radiation, effluent, or any other externality of whatever type or source, which shall result in a nuisance, as herein defined, of sufficient intensity to impact the quiet enjoyment and/or routine activities of neighboring or nearby lots, buildings, structures or uses.
I.
No flammable or explosive liquids, solids or gases shall be stored above ground, except for fuel tanks or drums expressly designed and rated for such purpose, and which are directly connected with energy-producing devices or heating appliances located and operated on the same lot as such tanks or drums.
J.
No outdoor storage facility shall be permitted unless enclosed by an approved safety fence and supported by an adequate concrete foundation. Such facility shall be screened from view by appropriate landscaping.
K.
No outdoor storage of waste, trash, garbage, refuse, recycling, or other like and similar solid waste or discarded materials shall be permitted unless enclosed in a container with an operable lid or other closing mechanism designed for such purpose, which shall be located within a facility described in § 300-19J.
L.
No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
M.
No use or activity associated with a use shall encroach onto a public right-of-way or obstruct pedestrian or vehicular circulation thereon.
N.
Unless otherwise specifically permitted by this chapter, no merchandise, products, appliances, equipment or similar materials or objects shall be stored or displayed outside except in conformance with § 300-19I through M. Additionally, no such item shall be so stored or displayed unless:
O.
Access for emergency responders. In order to provide for proper emergency access to buildings and structures for fire, police and other emergency responders, all development within the City of Pleasantville shall provide:
(1)
An open and clear driveway or access lane for a minimum of 12 feet of horizontal and vertical clearance to within 25 feet of any principal building.
(2)
Such access lane shall be maintained clear of any obstructions or vegetative growth, other than those provided via an approved landscaping plan.
(3)
The Fire Official may require and designate public or private fire lanes as necessary for the efficient and effective operation of fire apparatus.
(4)
No building or structure shall be situated closer than 15 feet from an adjacent building or structure, whether on the same lot or adjacent lots.
P.
Flag lots. Flag lots are prohibited.
Q.
Temporary uses. In order to provide the City with a degree of flexibility in the approval process, and to relieve users of the requirement to make application for land uses approvals for certain limited uses of lands and buildings, temporary uses are permitted as, and only as, expressly provided herein.
(1)
No temporary use shall be established or maintained unless a zoning permit evidencing the compliance of such use with the provisions of this section and other applicable provisions of this chapter shall have first been issued pursuant to § 300-34.
(2)
In addition to all of the use limitations applicable in the zoning district in which it is located, no temporary use shall be permitted unless it complies with the following restrictions:
(3)
Particular temporary uses permitted. Subject to the use limitations set forth in this section as to the specific regulations and time limits for temporary uses, and subject to all other applicable regulations of the district in which the temporary use is to be located, the following temporary uses of land, and no others, are permitted in the zoning districts, and only the zoning districts, herein specified:
(a)
Mobile homes. Mobile homes shall be permitted in any district as a temporary residence during the reconstruction of a dwelling unit damaged or destroyed by any means not within the control of the owner. Such use shall be limited to the period of such reconstruction and, in any event, no longer than 12 months following such damage or destruction. No such use shall be undertaken unless such mobile home shall have first been properly connected to all required public utilities.
(b)
Craft shows, exhibits and sales. Indoor and outdoor art and craft shows, exhibits and sales on private property or, subject to the approval of the agency having jurisdiction, on any public property in any commercial zoning district and, subject to proper approval of the relevant authorities, in any public park in a residential zoning district shall be permitted. Such use shall be limited to a period not to exceed five days.
(c)
Christmas tree/holiday ornament sales. The sale of Christmas trees or other holiday ornaments shall be permitted in any commercial zoning district and in any residential zoning district on property owned by any not-for-profit group or organization when conducted by such group or organization, and when approved by the Zoning Officer on the basis of the adequacy of the parcel size, parking provisions and traffic access, and the absence of undue adverse impact on other properties in such residential district. Such use shall be limited to a period not to exceed 60 days and need not comply with the yard and setback requirements of this chapter, except that no tree or ornament shall be displayed so as to obstruct the sight triangles required by § 300-47B.
(d)
Construction staging, contractors' office trailers and related construction uses and structures. Contractors' offices and equipment sheds containing no sleeping or cooking accommodations, construction staging and all other uses and structures related to the construction of a project shall be permitted in any district when accessory to a construction project. Such uses and structures shall be limited to a period not to exceed the duration of such project.
(e)
Real estate office trailers. Real estate office trailers containing no sleeping or cooking accommodations (unless located in a model dwelling unit) and model dwelling units in any zoning district when accessory to a new development or renovation to an existing development. Such use shall be limited to the earlier of the period of the active selling or leasing of units in such development or 45 days after the issuance of a temporary certificate of occupancy for the last such unit to be sold or leased. Upon the occurrence of either event, such real estate offices shall be removed. In no event shall the temporary use be continued once the last temporary certificate of occupancy or certificate of occupancy for the development has been issued.
(f)
Carnivals, circuses or tent revivals. A carnival, circus or tent revival shall be permitted in any commercial zoning district or in any residential zoning district on property owned by any not-for-profit group or organization or place of worship, when approved by the Zoning Officer on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties in the residential district. Such use shall be limited to a period not to exceed 21 days and need not comply with the front yard requirements of this chapter, except that no use, structures or equipment shall be so located as to obstruct the sight triangles required by § 300-47B. Such use need not comply with the maximum height requirements of this chapter.
(g)
Freestanding outdoor produce sales, flea markets and other similar uses. These uses shall be permitted in the Regional Commercial Zoning District on property owned by a not-for-profit group. The use shall be limited to a maximum of five days of operation at any one period, not to exceed a frequency of four times a year. The rescheduling of rain-out days will be approved by the Zoning Officer, but under no circumstances shall the days be added to another scheduled five-day event. No improvements shall be required on the property on which these uses are located, but, at a minimum, the site area shall be clean and well maintained at all times.
(4)
Bulk regulations. Except as expressly provided otherwise in Subsection Q(3), every temporary use shall comply with the bulk regulations applicable in the zoning district in which such temporary use is located.
(5)
Parking and loading. Before approving any temporary use, the Zoning Officer shall make an assessment of the total number of off-street parking and loading spaces which will be reasonably required for such use, on the basis of the particular use, its intensity and the availability of other parking and loading facilities in the area, and shall approve such temporary use only if such off-street parking and loading is provided.
R.
The sale of recreational marijuana and/or paraphernalia that facilitate the use of such marijuana is prohibited.
[Added 8-6-2018 by Ord. No. 12-2018]