[HISTORY: Adopted by the Town Council of the Town of Newton 4-9-2012 by Ord. No.
2012-12.[1] Amendments noted where applicable.]
A.
Title and purpose. This chapter shall be known and may be cited as
the Form-Based Code Zoning Ordinance of the Town of Newton.
B.
Applicability.
(1)
Provisions of this Code are activated by "shall" when required; "should"
when recommended; and "may" when optional.
(2)
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.
(3)
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.
(4)
Where in conflict, numerical metrics shall take precedence over graphic
metrics.
C.
Intent. The intent and purpose of this Code is to enable, encourage
and qualify the implementation of the following policies:
(1)
The community:
(a)
That neighborhoods and regional centers should be compact, pedestrian-oriented
and mixed-use.
(b)
That neighborhoods and regional centers should be the preferred
pattern of development and that districts specializing in a single
use should be the exception.
(c)
That ordinary activities of daily living should occur within
walking distance of most dwellings, allowing independence to those
who do not drive.
(d)
That interconnected networks of thoroughfares should be designed
to disperse traffic and reduce the length of automobile trips.
(e)
That within neighborhoods, a range of housing types and price
levels should be provided to accommodate diverse ages and incomes.
(f)
That appropriate building densities and land uses should be
provided within walking distance of transit stops.
(g)
That civic, institutional, and commercial activity should be
embedded in downtowns, not isolated in remote single-use complexes.
(h)
That schools should be sized and located to enable children
to walk or bicycle to them.
(i)
That a range of open space including parks, squares, and playgrounds
should be distributed within neighborhoods and downtowns.
(2)
The block and the building:
(a)
That buildings and landscaping should contribute to the physical
definition of thoroughfares as civic places.
(b)
That development should adequately accommodate automobiles while
respecting the pedestrian and the spatial form of public areas.
(c)
That the design of streets and buildings should reinforce safe
environments, but not at the expense of accessibility.
(d)
That architecture and landscape design should grow from local
climate, topography, history, and building practice.
(e)
That buildings should provide their inhabitants with a clear
sense of geography and climate through energy efficient methods.
(f)
That civic buildings and public gathering places should be provided
as locations that reinforce community identity and support self-government.
(g)
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.
(h)
That the preservation and renewal of historic buildings should
be facilitated, to affirm the continuity and evolution of society.
(i)
That the harmonious and orderly evolution of urban and suburban
areas should be secured through form-based codes.
(3)
The transect:
(a)
That municipalities should provide meaningful choices in living
arrangements as manifested by distinct physical environments.
A.
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.[1] The permitted uses for each transect zone or special district are listed in § 320-2C.
[1]
Editor's Note: The map is included at the end of this chapter.
B.
Transect zone district and special district descriptions. The following
subsection provides the general description and character of each
transect zone district and special district.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
Special District 5: Office/Manufacturing District - SD-5 covers
the Sparta Avenue redevelopment area, where office, light industrial
and manufacturing uses are permitted.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
C.
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; 6-24-2019 by Ord. No. 2019-5; 6-28-2021 by Ord. No. 2021-12]
Permitted Uses Table — Transect Zones
|
---|
KEY:
|
P — Permitted
|
NP — Not Permitted
|
PS — Permitted On Any Level Except Street Level
|
C — Conditional Use
|
Use
|
Transect
| ||||||
---|---|---|---|---|---|---|---|
T-1
|
T-2
|
T-3
|
T-4
|
T-5
|
T-6
| ||
Government/Civic/Institutional
| |||||||
Public, private or parochial school
|
NP
|
NP
|
P
|
P
|
P
|
NP
| |
Institutional use
|
NP
|
NP
|
P
|
P
|
P
|
P
| |
General hospital, nursing home, convalescent home
|
NP
|
NP
|
NP
|
P
|
P
|
NP
| |
Community garden
|
P
|
P
|
P
|
P
|
P
|
P
| |
Emergency services
|
NP
|
NP
|
P
|
P
|
P
|
P
| |
Plaza/square/piazza
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Hospital/medical center
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
| |
Cultural uses (museum/gallery/ library)
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Park/playground
|
P
|
P
|
P
|
P
|
P
|
P
| |
House of worship
|
NP
|
P
|
P
|
P
|
P
|
P
| |
All public buildings and uses
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Government or public utility use (not including storage uses
and garages)
|
P
|
P
|
P
|
P
|
P
|
P
| |
Governmental administrative /institutional uses
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Judicial
|
NP
|
NP
|
NP
|
NP
|
P
|
P
| |
Law enforcement
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Public works
|
P
|
P
|
P
|
P
|
P
|
P
| |
Community center/senior center
|
NP
|
P
|
P
|
P
|
P
|
P
| |
Cemeteries
|
C
|
C
|
C
|
NP
|
NP
|
NP
| |
Commercial Retail Services
| |||||||
Antique stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Appliance stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Arts and crafts stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Bakeries
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Banks
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Beauty salons, spas and barber shops
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Bed-and-breakfasts
|
NP
|
C
|
C
|
P
|
P
|
P
| |
Auto body shops
|
NP
|
NP
|
NP
|
C
|
C
|
NP
| |
Bookstores (excluding adult bookstores)
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Camera and photographic supply stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Candy and ice cream shops
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Cannabis delivery
|
NP
|
NP
|
NP
|
C
|
NP
|
NP
| |
Cannabis retailer
|
NP
|
NP
|
NP
|
C
|
NP
|
NP
| |
Clothing apparel and shoe stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Child-care centers
|
NP
|
NP
|
P
|
P
|
P
|
P
| |
Coffee shops
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Computer supplies and software stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Cosmetic stores, beauty supply stores and perfumeries
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Delicatessens
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Department stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Diners, cafes and restaurants
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Drugstores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Electronics, audio and cell phone stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Farmers' market
|
P
|
P
|
P
|
P
|
P
|
P
| |
Florists
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Food (health) and supplement stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Furniture stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Garden supply stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Gas stations
|
NP
|
NP
|
NP
|
C
|
C
|
NP
| |
Grocery stores and specialty food stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Hobby, toy and game stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Home goods, furnishings and accessories stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Hotels (excluding extended stay/efficiencies/ single room occupancies)
|
NP
|
NP
|
NP
|
NP
|
P
|
P
| |
Jewelers and watch stores (excluding pawn shops)
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Luggage and leather goods
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Meat markets
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Motor vehicle sales
|
NP
|
NP
|
NP
|
C
|
C
|
C
| |
Musical instruments and supplies stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Optical goods stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Package goods stores/liquor stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Paint, wallpaper, and/or hardware stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Pet grooming, pet shops and pet supplies
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Pharmacies
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Photographers and picture framers
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Recreational facilities, i.e., gym, bowling alley
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Souvenir shops
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Sports and recreation stores (excluding gun stores)
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Stationery, office supply and card stores
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Taverns and bars
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Tattoo parlor
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Business/Office/Professional
| |||||||
General and professional offices
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Business services
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Laboratory (medical/dental)
|
NP
|
NP
|
NP
|
P
|
P
|
NP
| |
Office (dental, medical, veterinary, administrative)
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Photo or art studios
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Home occupations
|
NP
|
C
|
C
|
P
|
P
|
PS
| |
Professional occupations
|
NP
|
C
|
C
|
P
|
P
|
P
| |
Licensed taxicab business office
|
NP
|
NP
|
NP
|
C
|
C
|
NP
| |
Light Industrial
| |||||||
Research and development
|
NP
|
NP
|
NP
|
P
|
NP
|
NP
| |
Warehouse and storage
|
NP
|
NP
|
NP
|
P
|
P
|
NP
| |
Light manufacturing
|
NP
|
NP
|
NP
|
P
|
P
|
NP
| |
Product filling and assembly
|
NP
|
NP
|
NP
|
P
|
P
|
NP
| |
Artisanal workshop
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Food and beverage production
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Cannabis cultivator
|
NP
|
NP
|
NP
|
C
|
C
|
NP
| |
Cannabis manufacturer
|
NP
|
NP
|
NP
|
C
|
C
|
NP
| |
Cannabis wholesaler
|
NP
|
NP
|
NP
|
C
|
C
|
NP
| |
Cannabis distributor
|
NP
|
NP
|
NP
|
C
|
C
|
NP
| |
Residential
| |||||||
Single-family detached
|
NP
|
P
|
P
|
P
|
P
|
NP
| |
Duplex
|
NP
|
NP
|
P
|
P
|
P
|
NP
| |
Age restricted
|
NP
|
NP
|
NP
|
P
|
P
|
NP
| |
Residential over commercial
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Flats or lofts (elevator fed)
|
NP
|
NP
|
NP
|
P
|
P
|
PS
| |
Group care (elder-care, extended care, special care)
|
NP
|
C
|
C
|
P
|
P
|
P
| |
Live/work
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Residential cluster development
|
NP
|
C
|
C
|
NP
|
NP
|
NP
| |
Other
| |||||||
Club, lodge or fraternal organization
|
NP
|
C
|
C
|
P
|
P
|
P
| |
Farming and agricultural uses
|
P
|
C
|
C
|
NP
|
NP
|
NP
| |
Parking structure as principal use
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Surface parking as principal use
|
NP
|
NP
|
NP
|
P
|
P
|
NP
| |
Temporary uses
|
P
|
NP
|
NP
|
P
|
P
|
P
| |
Accessory Uses
| |||||||
Accessory apartment
|
NP
|
P
|
P
|
P
|
P
|
NP
| |
Carport
|
NP
|
P
|
P
|
P
|
P
|
NP
| |
Private garage
|
NP
|
P
|
P
|
P
|
P
|
NP
| |
Storage shed
|
NP
|
P
|
P
|
P
|
P
|
NP
| |
Surface parking lot
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Parking structure
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Sidewalk cafe (March 1 - Dec. 1 provided snow and ice are not
present)
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Street furniture
|
P
|
P
|
P
|
P
|
P
|
P
| |
Drive-through facility
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Outdoor display (March 1 - Dec. 1 provided snow and ice are
not present)
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Outdoor storage
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
*
|
Professional offices are permitted on the first floor or street
level north of Main Street in the T-6 Zone.
|
Permitted Uses Table — Special Districts
|
---|
KEY:
|
P — Permitted
|
NP — Not Permitted
|
PS — Permitted On Second Floor Or Above Only
|
C — Conditional Use
|
Use
|
Districts
| |||||||||
---|---|---|---|---|---|---|---|---|---|---|
SD-1
|
SD-2
|
SD-3
|
SD-4
|
SD-5
|
SD-6
|
SD-7
|
SD-8
|
SD-9
| ||
Government/Civic/Institutional
| ||||||||||
Public, private or parochial school
|
NP
|
P
|
NP
|
NP
|
NP
|
P
|
NP
|
NP
|
P
| |
Institutional use
|
P
|
P
|
NP
|
NP
|
NP
|
P
|
P
|
NP
|
NP
| |
General hospital, nursing home, convalescent home
|
P
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
NP
| |
Community garden
|
P
|
P
|
NP
|
NP
|
P
|
P
|
P
|
NP
|
P
| |
Emergency services
|
P
|
P
|
P
|
P
|
NP
|
NP
|
P
|
NP
|
P
| |
Plaza/square/ piazza
|
P
|
P
|
NP
|
NP
|
P
|
P
|
P
|
NP
|
P
| |
Hospital/medical center
|
P
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
NP
| |
Cultural uses (museum/gallery/ library)
|
P
|
P
|
P
|
NP
|
NP
|
P
|
NP
|
NP
|
P
| |
Park/playground
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
NP
|
P
| |
House of worship
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
All public buildings and uses
|
NP
|
P
|
NP
|
NP
|
NP
|
P
|
P
|
NP
|
P
| |
Government or public utility use (not including storage
uses and garages)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Governmental administrative/ institutional uses
|
NP
|
P
|
NP
|
NP
|
NP
|
P
|
P
|
NP
|
P
| |
Judicial
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
| |
Law enforcement
|
NP
|
P
|
NP
|
NP
|
NP
|
P
|
NP
|
NP
|
P
| |
Public works
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Community center/senior center
|
P
|
P
|
P
|
NP
|
P
|
P
|
P
|
NP
|
P
| |
Cemeteries
|
C
|
NP
|
C
|
NP
|
NP
|
NP
|
NP
|
NP
|
C
| |
Commercial Retail Services
| ||||||||||
Antique stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Appliance stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Arts and crafts stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Bakeries
|
NP
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Banks
|
NP
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Beauty salons, spas and barber shops
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Bed-and-breakfasts
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Body shops
|
NP
|
NP
|
C
|
C
|
NP
|
NP
|
NP
|
NP
|
NP
| |
Bookstores (excluding adult bookstores)
|
NP
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Camera and photographic supply stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Candy and ice cream shops
|
NP
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Cannabis delivery
|
NP
|
NP
|
C
|
NP
|
NP
|
NP
|
–
|
–
|
–
| |
Cannabis retailer
|
NP
|
NP
|
C
|
NP
|
NP
|
NP
|
–
|
–
|
–
| |
Clothing apparel and shoes stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Child-care centers
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
NP
|
P
| |
Coffee shops
|
P
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Computer supplies and software stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Cosmetic stores, beauty supply stores and perfumeries
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Delicatessens
|
P
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Department stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Diners, cafes and restaurants
|
NP
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Drugstores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Electronics, audio and cell phone stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Farmers' markets
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Florists
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Food (health) and supplement stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Furniture stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Garden supply stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Grocery stores and specialty food stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Hobby, toy and game stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Home goods, furnishings and accessories stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Hotels (excluding extended stay/efficiencies/ single
room occupancies)
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Jewelers and watch stores (excluding pawn shops)
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Luggage and leather goods
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Meat markets
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Motor vehicle sales
|
NP
|
NP
|
C
|
C
|
NP
|
NP
|
NP
|
NP
|
NP
| |
Musical instruments and supplies stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Optical goods stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Package goods stores/liquor stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Paint, wallpaper, and/or hardware stores
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Pet grooming, pet shops and pet supplies
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Pharmacies
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Photographers and picture framers
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Recreational facilities, i.e., gym, bowling alley
|
NP
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Souvenir shops
|
P
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Sports and recreation stores (excluding gun stores)
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Stationery, office supply and card stores
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Taverns and bars
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Tattoo parlor
|
NP
|
NP
|
P
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
| |
Business/Office/Professional
| ||||||||||
General and professional offices
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Business services
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Laboratory (medical/dental)
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
NP
|
NP
|
P
| |
Medical office (professional, dental, medical, veterinary,
administrative)
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Photo or art studios
|
NP
|
NP
|
P
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
| |
Home occupations
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
C
| |
Professional occupations
|
NP
|
NP
|
C
|
C
|
NP
|
NP
|
C
|
NP
|
C
| |
Licensed taxicab business offices
|
NP
|
NP
|
C
|
C
|
NP
|
NP
|
NP
|
NP
|
NP
| |
Light Industrial
| ||||||||||
Research and development
|
P
|
NP
|
P
|
P
|
P
|
NP
|
NP
|
NP
|
NP
| |
Warehouse and storage
|
NP
|
NP
|
P
|
P
|
P
|
NP
|
NP
|
NP
|
NP
| |
Light manufacturing
|
NP
|
NP
|
P
|
P
|
P
|
NP
|
NP
|
NP
|
NP
| |
Product filling and assembly
|
NP
|
NP
|
P
|
P
|
P
|
NP
|
NP
|
NP
|
NP
| |
Artisanal workshop
|
NP
|
NP
|
P
|
P
|
P
|
NP
|
NP
|
NP
|
NP
| |
Food and beverage production
|
NP
|
NP
|
P
|
C
|
C
|
NP
|
NP
|
NP
|
NP
| |
Residential
| ||||||||||
Single-family detached
|
NP
|
NP
|
P[2]
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Duplex
|
NP
|
NP
|
P[3]
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Age restricted
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Residential over commercial
|
NP
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Flats or lofts (elevator fed)
|
NP
|
P
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Group care unit (elder-care, extended care, special
care)
|
P
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
C
| |
Live/work
|
NP
|
NP
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Residential cluster
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
| |
Other
| ||||||||||
Club, lodge or fraternal organization
|
NP
|
P
|
P
|
C
|
C
|
NP
|
C
|
NP
|
C
| |
Farming and agricultural uses
|
C
|
C
|
NP
|
NP
|
NP
|
NP
|
C
|
NP
|
C
| |
Parking structure as principal use
|
P
|
P
|
P
|
NP
|
P
|
NP
|
P
|
NP
|
P
| |
Surface parking as principal use
|
NP
|
P
|
P
|
NP
|
NP
|
NP
|
P
|
P
|
P
| |
Temporary uses
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Accessory Uses
| ||||||||||
Accessory apartment
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
| |
Carport
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Private garage
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Storage shed
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Surface parking lot
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Parking structure
|
P
|
P
|
P
|
NP
|
P
|
P
|
P
|
NP
|
P
| |
Sidewalk cafe (March 1 - Dec. 1 provided snow and ice
are not present)
|
NP
|
P
|
P
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Street furniture
|
P
|
P
|
P
|
NP
|
P
|
P
|
P
|
NP
|
P
| |
Drive-through facility
|
NP
|
NP
|
P
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
| |
Outdoor displays (March 1 - Dec. 1 provided snow and
ice are not present)
|
NP
|
P
|
P
|
NP
|
NP
|
NP
|
P
|
NP
|
P
| |
Temporary outdoor storage of manufactured items pending
shipment (max. 48 hours)
|
NP
|
NP
|
P
|
P
|
P
|
NP
|
NP
|
NP
|
NP
|
[2]
Subject to § 320-27B(1).
[3]
Subject to § 320-27B(1).
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.
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).
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.
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.
The required open space between an accessory building and
the front, side and rear lines of a lot.
A use subordinate to the main use of land or of a building
on a lot and customarily incidental thereto.
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.).
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]
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.
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.
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).
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.
The aggregate of all the building facades on one side of
a block.
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.
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.
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.
The placement of a building on its lot.
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.
A building's horizontal measurement, parallel to the public
right-of-way, of the outer wall that faces a public street.
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.
A structure category determined by function, disposition
on the lot, and configuration, including frontage and height.
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.
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.
A freestanding structure, located on a bus or train route,
which is designated to accommodate embarking and disembarking transit
passengers.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16, for use in cannabis products as set forth in the Act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et
seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana, as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied
to any offense set forth in the "New Jersey Controlled Dangerous Substances
Act," P.L. 1970, c 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A.
4:28-6 et seq.).
[Added 6-28-2021 by Ord. No. 2021-12]
Any licensed business or entity that grows, cultivates, or
produces cannabis in this state and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 cannabis
cultivator license.
[Added 6-28-2021 by Ord. No. 2021-12]
Any licensed business or entity involved in providing courier
services for consumer purchases that are fulfilled by a licensed cannabis
retailer in order to make deliveries of the purchased items to a consumer,
and which service would include the ability of a consumer to make
a purchase directly through the cannabis delivery service which would
be presented by the delivery service for fulfillment by a retailer
and then delivered to a consumer. This person or entity shall hold
a Class 6 cannabis delivery license.
[Added 6-28-2021 by Ord. No. 2021-12]
Any licensed business or entity involved in transporting
cannabis plants in bulk from one licensed cultivator to another licensed
cultivator or cannabis items in bulk from any type of licensed cannabis
business to another. This person or entity shall hold a Class 4 cannabis
distributor license.
[Added 6-28-2021 by Ord. No. 2021-12]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer, or a cannabis distributor.
[Added 6-28-2021 by Ord. No. 2021-12]
Any licensed business or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 6-28-2021 by Ord. No. 2021-12]
Any licensed business or entity that is involved in the sale
of cannabis items and related supplies that are sold to consumers.
This person or entity shall hold a Class 5 cannabis retailer license.
[Added 6-28-2021 by Ord. No. 2021-12]
Any licensed business or entity that is involved in obtaining
and selling cannabis items for later resale by other licensees. This
person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 6-28-2021 by Ord. No. 2021-12]
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.
A building designed specifically for a civic function.
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.
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.
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.
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.
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.
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]
A planted private frontage wherein the facade is set back
from the frontage line. It is visually continuous with adjacent yards.
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.
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.
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.
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.
A building that occupies three or more boundaries of its
lot while internally defining one or more private patios.
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.
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.
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.
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.
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.
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."
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.
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.
Vehicular accessway provided for the purpose of allowing
passage over, and parking upon, private or public property.
[Amended 6-9-2014 by Ord. No. 2014-9; 9-16-2020 by Ord. No. 2020-19]
A facility used for the purposes of temporary or long-term
inpatient treatment of victims of alcohol or drug use or addiction.
An establishment or business maintained for the pickup, cleaning
and delivery of dry cleaning and/or laundry.
A building's vertical measurement from the mean level of
the ground abutting the building to the lowest point of an overhanging
eave.
A building that occupies the center of its lot with setbacks on all sides. See § 320-26B.
The amount of parking required for mixed use after adjustment
by the shared parking factor.
The measurement of the inside turning radius taking parked
cars into account.
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."
An apartment or condominium building with three or more stories
that utilizes an elevator to access the floors of the building.
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.
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).
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).
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.
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."
The percentage of the area of windows, doors and other exterior
openings to the total facade area.
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.
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.
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]
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.
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.
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.
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.
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).
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.
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.
The percentage of the width of a lot that is required to
be occupied by the building's primary façade (syn. frontage
build-out).
The type of facade that is permitted on a primary street
(front yard).
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.
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]
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.
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.
An accessory building used for the storage of motor vehicles.
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.
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.
A computerized program in widespread municipal use that organizes
data on maps.
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.
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.
Wastewater obtained from domestic sinks and tubs, but excluding
that part of the plumbing waste stream that includes human wastes.
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).
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.
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.
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.
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.
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).
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.
A use relating to, concerning, or arising from the assembling,
fabrication, finishing, manufacturing, packaging, or processing of
goods, or mineral extraction.
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, including
office use related to such public purpose.
[Amended 6-24-2019 by Ord. No. 2019-5]
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.
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.
[Added 6-28-2021 by Ord. No. 2021-12]
A license issued under relevant state law, including a license
that is designated as either:
The term includes a conditional license for a designated class,
except when the context of the provisions of relevant state law otherwise
intend to only apply for a license and not a conditional license.
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.
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."
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.
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.
All impervious coverage (as defined in Chapter 240) on a lot (syn. lot occupation).
The horizontal distance between the front and rear lot lines
measured along the median between the two side lot lines.
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.
The total square unit contents included within lot lines.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
The primary outdoor gathering place for a community. The
main civic space is often, but not always, associated with an important
civic building.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
[Added 6-28-2021 by Ord. No. 2021-12]
Premises available for the creation, assemblage and/or repair
of artifacts, using table-mounted electrical machinery or artisanal
equipment, and including their retail sale.
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.
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.
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.
A person or entity licensed by the Cannabis Regulatory Commission
as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
cannabis distributor, cannabis retailer, or cannabis delivery service
that may only, with respect to its business operations, and capacity
and quantity of product:
[Added 6-28-2021 by Ord. No. 2021-12]
Employ no more than 10 employees;
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and in the case of a cannabis (grower) cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
Possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for transportation
shall not be subject to this limit;
Acquire and process each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof; and
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof.
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.
Multiple functions within the same building through superimposition
or adjacency, or in multiple buildings by adjacency, or at a proximity
determined by warrant.
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.
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.
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.
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.
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.
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.
Paved area used to accommodate either one or two rows of
parking stalls plus one access lane.
A building containing one or more stories of parking above
grade.
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.
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.
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.
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.
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.
The main building on a lot, usually located toward the frontage.
The main point of access for pedestrians into a building.
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.[1]
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.
Frontage within a lot that is not public frontage.
[Amended 6-9-2014 by Ord. No. 2014-9]
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."
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]
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.
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.
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.
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.
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.
Frontage along a public right-of-way.[2]
[Amended 6-9-2014 by Ord. No. 2014-9]
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.
Both a master plan element and a land use ordinance that
regulates location and general design of public spaces.
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.
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).
A facility, either light or heavy rail, for the boarding
of passengers and related ticketing sales and offices.
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.
A temporary sign that relates to the sale, lease, or rental
of property or buildings, or to construction activities on a site.
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.
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.
A building that occupies the full frontage line, leaving
the rear of the lot as the sole yard (var: rowhouse, townhouse, apartment
house).
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.
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.
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.
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.
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.
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.
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.
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.
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.
A horizontal measurement taken perpendicularly from one side
of a public right-of-way to the other.
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]
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]
A ridged roof forming a gable at both ends of the building.
[Added 9-16-2015 by Ord.
No. 2015-21]
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]
A roof with sloping ends and sides.
[Added 9-16-2015 by Ord.
No. 2015-21]
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.
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]
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).
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.
On corner lots, the private frontage that is not the principal
frontage. As it affects the public realm, its first layer is regulated.
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).
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.
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.
The ratio of side window area to side facade area. Window
area may include windows contained in doors.
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.
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.
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.
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]
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]
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]
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]
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]
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]
Signs limited to directional messages such as "one way,"
"entrance," and "exit."
[Added 9-16-2015 by Ord.
No. 2015-21]
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]
See "feather flag."
[Added 9-16-2015 by Ord.
No. 2015-21]
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]
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]
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]
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]
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]
A sign containing only the name and occupation of a permitted
home or professional occupation.
[Added 9-16-2015 by Ord.
No. 2015-21]
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]
A sign that contains the menu of a restaurant.
[Added 9-16-2015 by Ord.
No. 2015-21]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
See "portable sign."
[Added 9-16-2015 by Ord.
No. 2015-21]
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]
A temporary sign hung inside of a window of a commercial
establishment.
[Added 9-16-2015 by Ord.
No. 2015-21]
See "sign, banner."
[Added 9-16-2015 by Ord.
No. 2015-21]
A temporary sign that is staked or otherwise affixed to the
ground.
[Added 9-16-2015 by Ord.
No. 2015-21]
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]
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]
A detached single-family unit on its own individual lot designed
for or used exclusively by one family.
A device attached to a building to provide shading for glazed
areas thereof.
Includes assisted living facilities, convalescent care, nursing
homes, extended care facilities and life care facilities.
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.
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.
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.
A subordinate structure or building used primarily for storage
purposes.
A ground-floor facade with a large display window.
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.
The horizontal distance between side lot lines measured along
the public right-of-way upon which the lot fronts.
Functional elements of the streetscape, including but not
limited to benches, trash receptacles, planters, telephone booths,
bus shelters, kiosks, sign posts, streetlights and bollards.
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]
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.
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.
Any person or persons, including corporations, who engage
in the activity of vending.
An off-street, surfaced, ground-level open area, for the
temporary storage of motor vehicles.
A low or slightly depressed natural area for drainage.
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.
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:
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]
A sign not intended or designed for permanent display, used
by mechanics, craftsmen and builders on site, or for religious, charitable
or political purposes.
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).
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.
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.
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.
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.
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.
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.
An establishment that provides animals with medical and surgical
treatment, as well as care during the time of such treatment.
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.
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]
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
[Added 6-28-2021 by Ord. No. 2021-12]
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.
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.
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]
The map or maps that are part of the Zoning Ordinance and
delineate the boundaries of individual zones and districts.[3] See "regulating plan."
[2]
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.
[3]
Editor's Note: The Transect Zone Map is included as an attachment to this chapter.
A.
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.
B.
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.
C.
Accessory buildings.
(1)
An accessory building attached to the main building shall comply
in all respects with the requirements of this chapter applicable to
the main building.
(2)
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.
(3)
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.
D.
Exceptions and supplemental regulations to bulk and area requirements.
(1)
Corner lots. Front yards shall be measured to the street line including
both streets on a corner lot.
(2)
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.
(3)
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.
(4)
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.
(5)
Setback
exceptions for wheelchair ramps.
[Added 5-24-2021 by Ord. No. 2021-8]
(a)
Handicap ramps shall be permitted as an accessory structure in all
zone districts and located in any yard provided the requirements of
this section are fully satisfied.
(b)
The Zoning Officer may authorize installation of a wheelchair ramp
within a required setback in compliance with the following criteria:
[1]
The wheelchair ramp shall be designed so the encroachment into the
required setback is at the minimum distance feasible.
[2]
Prior to construction of the handicap ramp, the property owner shall
submit the proposed location of the ramp on the property with a drawing
or sketch to the Zoning Officer for review and approval.
[3]
The wheelchair ramp shall not encroach into any recorded easement
or into the public right-of-way, unless permission has been granted
by the owner of the easement or the public entity as to the right-of-way.
[5]
Handicap ramps shall be excluded from the calculation of maximum
impervious or other coverage for buildings and aboveground structures,
otherwise applicable to accessory structures.
A.
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.
B.
T-1 bulk requirements.
Base Residential Density
|
By right
|
Not applicable
|
Civic Spaces
(§ 320-26C)
|
Park
|
Permitted
|
Green
|
Not permitted
| |
Square
|
Not permitted
| |
Plaza
|
Not permitted
| |
Playground
|
Permitted
| |
Lot Occupation
|
Lot width
|
Not applicable
|
Lot coverage
|
Not applicable
| |
Setbacks — Principal Building
|
Front setback (principal)
|
Not applicable
|
Front setback (secondary)
|
Not applicable
| |
Side setback
|
Not applicable
| |
Rear setback
|
Not applicable
| |
Frontage build-out
|
Not applicable
| |
Setbacks — Accessory Building
|
Front setback
|
Not applicable
|
Side setback
|
Not applicable
| |
Rear setback
|
Not applicable
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Not applicable
|
Sideyard
|
Not applicable
| |
Rearyard
|
Not applicable
| |
Courtyard
|
Not applicable
| |
Private Frontages
(§ 320-26A)
|
Common yard
|
Not applicable
|
Porch and pence
|
Not applicable
| |
Terrace or dooryard
|
Not applicable
| |
Forecourt
|
Not applicable
| |
Stoop
|
Not applicable
| |
Shopfront and awning
|
Not applicable
| |
Gallery
|
Not applicable
| |
Arcade
|
Not applicable
| |
Building Configuration
|
Principal building
|
Not applicable
|
Outbuilding
|
Not applicable
|
A.
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.
(1)
The public frontage shall include native trees of various species,
naturallistically clustered, as well as understory.
(2)
Zone consists of sparsely settled land in open or cultivated states,
woodlands and agriculture dominate.
(3)
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.
(4)
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.
(5)
Allowed building types: single-family residential.
B.
T-2 bulk requirements.
Base Residential Density
|
By right
|
1 unit/1.0 ac. average
|
Civic Spaces
(§ 320-26C)
|
Park
|
Permitted
|
Green
|
Not permitted
| |
Square
|
Not permitted
| |
Plaza
|
Not permitted
| |
Playground
|
Permitted
| |
Lot Occupation
|
Lot width
|
75 feet (1.0 acre lot)
50 feet (clustering)
|
Lot coverage
|
Not applicable
| |
Setbacks — Principal Building
|
Front setback (principal)
|
40 feet minimum
|
Front setback (secondary)
|
40 feet minimum
| |
Side setback
|
20 feet minimum
| |
Rear setback
|
20 feet minimum
| |
Frontage build-out
|
Not applicable
| |
Setbacks — Accessory Building
|
Front setback
|
20 feet minimum + principal bldg. setback
|
Side setback
|
10 feet minimum
| |
Rear setback
|
10 feet minimum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Not permitted
| |
Rearyard
|
Not permitted
| |
Courtyard
|
Not permitted
| |
Private Frontages
(§ 320-26A)
|
Common yard
|
Permitted
|
Porch and fence
|
Permitted
| |
Terrace or dooryard
|
Permitted
| |
Forecourt
|
Not permitted
| |
Stoop
|
Not permitted
| |
Shopfront and awning
|
Not permitted
| |
Gallery
|
Not permitted
| |
Arcade
|
Not permitted
| |
Building Configuration
|
Principal building
|
2 stories/35 feet maximum
|
Outbuilding
|
2 stories/25 feet maximum
|
A.
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.
(1)
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.
(2)
The public frontage shall include native trees of various species,
naturallistically clustered, as well as understory.
(3)
Allowed building types: single-family residential, duplex.
B.
T-3 bulk requirements.
Base Residential Density
|
By right
|
4.84 units/acre (9,000 s.f. lot min.)
|
Building Configuration
|
Principal building
|
2 stories/35 feet maximum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
72 feet minimum
|
Lot coverage
|
60% max.
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Not permitted
| |
Rearyard
|
Not permitted
| |
Courtyard
|
Not permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
35 feet minimum
|
Front yard secondary (g.2)1 for corner
lot
|
35 feet minimum
| |
Side yard (g.3)1
|
12 feet minimum
| |
Rear yard (g.4)1
|
30 feet minimum
| |
Frontage build-out
|
40% minimum at setback
| |
Accessory Building Setbacks
|
Front (h.1)1
|
20 feet minimum + principal bldg. setback
|
Side yard (h.2)1
|
7 feet minimum
| |
Rear yard (h.3)1
|
7 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Permitted
|
Porch and fence
|
Permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Stoop
|
Permitted
| |
Shopfront and awning
|
Not permitted
| |
Gallery
|
Not permitted
| |
Arcade
|
Not permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Permitted
|
Green
|
Permitted
| |
Square
|
Permitted
| |
Plaza
|
Not permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-7C.
|
C.
T-3 building configuration and height.
A.
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.
(1)
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.
(2)
Allowed building types: townhouse, research/warehouse, parking garage/garage
with liner, mixed-use, office, live/work, civic, single-family residential,
duplex and triplex.
B.
T-4 bulk requirements.
Lot Size
|
Residential
|
9,000 square feet minimum
|
Building Configuration
|
Principal building
|
4 stories/50 feet maximum; 2 min.
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
18 feet minimum
|
Lot coverage
|
70% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Not permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
6 feet minimum, 18 feet maximum
|
Front yard secondary (g.2)1 for corner
lot
|
6 feet minimum, 18 feet maximum
| |
Side yard (g.3)1
|
0 foot minimum
| |
Rear yard (g.4)1
|
3 feet minimum
| |
Frontage build-out
|
60% minimum at setback
| |
Accessory Building Setbacks
|
Front (h.1)1
|
20 feet minimum + principal bldg. setback
|
Side yard (h.2)1
|
5 feet minimum or 10 feet for a corner lot
| |
Rear yard (h.3)1
|
5 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Not permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Not permitted
|
Green
|
Permitted
| |
Square
|
Permitted
| |
Plaza
|
Permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-8C.
|
C.
T-4 building configuration and height.
A.
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.
(1)
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.
(2)
Allowed building types: single-family residential, townhouse, duplexes,
triplexes, live/work, mixed-use, elevator flats, office, retail, hotels,
civic, parking garage with liner building.
B.
T-5 Bulk requirements.
[Amended 6-25-2012 by Ord. No. 2012-17]
Building Configuration
|
Principal building
|
5 stories/65 feet maximum; 2 minimum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
20 feet minimum
|
Lot coverage
|
80% max.
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Not permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
2 feet minimum, 12 feet maximum
|
Front yard secondary (g.2)1 for corner
lot
|
2 feet minimum, 12 feet maximum
| |
Side yard (g.3)1
|
0 feet minimum, 24 feet maximum
| |
Rear yard (g.4)1
|
3 feet minimum
| |
Frontage build-out
|
80% minimum at setback
| |
Accessory Building Setbacks
|
Front (h.1)1
|
40 feet maximum from rear prop.
|
Side yard (h.2)1
|
3 feet minimum or 5 feet for a corner lot
| |
Rear yard (h.3)1
|
3 feet maximum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Not permitted
|
Green
|
Not permitted
| |
Square
|
Not permitted
| |
Plaza
|
Permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-9C.
|
C.
T-5 building configuration and height.
A.
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.
B.
T-6 bulk requirements.
Building Configuration
|
Principal building
|
8 stories/100 feet maximum; 2 minimum
|
Accessory building
|
N/A
| |
Lot Occupation
|
Lot width
|
18 feet minimum, 700 feet maximum
|
Lot coverage
|
90% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Not permitted
|
Sideyard
|
Not permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
2 feet minimum, 12 feet maximum
|
Front yard secondary (g.2)1 for corner
lot
|
2 feet minimum, 12 feet maximum
| |
Side yard (g.3)1
|
0 feet minimum, 24 feet maximum
| |
Rear yard (g.4)1
|
0 foot minimum
| |
Frontage build-out
|
80% minimum at setback
| |
Accessory Building Setbacks
|
Front (h.1)1
|
N/A
|
Side yard (h.2)1
|
N/A
| |
Rear yard (h.3)1
|
N/A
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Not permitted
| |
Terrace
|
Not permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Not permitted
|
Green
|
Not permitted
| |
Square
|
Permitted
| |
Plaza
|
Permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-10C.
|
C.
T-6 building configuration and height.
A.
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:
B.
SD-1 bulk requirements.
Building Configuration
|
Principal building
|
5 stories/65 feet maximum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
90 feet minimum
|
Lot coverage
|
50% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Not permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
40 feet minimum
|
Front yard secondary (g.2)1 for corner
lot
|
40 feet minimum
| |
Side yard (g.3)1
|
20 feet one side, 35 total
| |
Rear yard (g.4)1
|
50 feet minimum
| |
Frontage build-out
|
Not applicable
| |
Accessory Building Setbacks
|
Front (h.1)1
|
40 feet minimum
|
Side yard (h.2)1
|
10 feet minimum
| |
Rear yard (h.3)1
|
30 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Not permitted
| |
Terrace
|
Not permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Permitted
|
Green
|
Permitted
| |
Square
|
Permitted
| |
Plaza
|
Permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-11C.
|
C.
SD-1 building configuration, height and setbacks.
A.
SD-2 purpose. Special District 2: College Zone covers the Sussex
County Community College Campus. The following building types are
permitted in the District:
B.
SD-2 bulk requirements.
Building Configuration
|
Principal building
|
4 stories/50 feet maximum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
50 feet minimum
|
Lot coverage
|
60% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
40 feet minimum
|
Front yard secondary (g.2)1 for corner
lot
|
40 feet minimum
| |
Side yard (g.3)1
|
20 feet minimum
| |
Rear yard (g.4)1
|
20 feet minimum
| |
Frontage build-out
|
Not applicable
| |
Accessory Building Setbacks
|
Front (h.1)1
|
20 feet minimum + principal bldg. setback
|
Side yard (h.2)1
|
10 feet minimum
| |
Rear yard (h.3)1
|
10 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Not permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Permitted
|
Green
|
Permitted
| |
Square
|
Permitted
| |
Plaza
|
Permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-12C.
|
C.
SD-2 building configuration, height and setbacks.
A.
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:
B.
SD-3 bulk requirements.
Building Configuration
|
Principal building
|
4 stories/50 feet maximum; 2 story min. facade
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
50 feet minimum
|
Lot coverage
|
70% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
6 feet minimum, 18 feet maximum
|
Front yard secondary (g.2)1 for corner
lot
|
6 feet minimum, 18 feet maximum
| |
Side yard (g.3)1
|
10 feet minimum
| |
Rear yard (g.4)1
|
3 feet minimum
| |
Frontage build-out
|
50% minimum at setback
| |
Accessory Building Setbacks
|
Front (h.1)1
|
20 feet minimum + bldg. setback
|
Side yard (h.2)1
|
5 feet minimum or 10 feet at corner
| |
Rear yard (h.3)1
|
5 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
N/A
|
Porch and fence
|
N/A
| |
Terrace
|
N/A
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Permitted
|
Green
|
Permitted
| |
Square
|
Permitted
| |
Plaza
|
Permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-13C.
|
C.
SD-3 building configuration, height and setbacks.
A.
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:
B.
SD-4 bulk requirements.
Building Configuration
|
Principal building
|
4 stories/50 feet maximum; 2 min.
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
50 feet minimum
|
Lot coverage
|
70% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Not permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
30 feet minimum
|
Front yard secondary (g.2)1 for corner
lot
|
30 feet minimum
| |
Side yard (g.3)1
|
30 feet minimum
| |
Rear yard (g.4)1
|
30 feet minimum
| |
Frontage build-out
|
Not applicable
| |
Accessory Building Setbacks
|
Front (h.1)1
|
20 feet minimum + bldg. setback
|
Side yard (h.2)1
|
20 feet minimum
| |
Rear yard (h.3)1
|
20 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
N/A
|
Porch and fence
|
N/A
| |
Terrace
|
N/A
| |
Forecourt
|
N/A
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
| |
Civic Spaces
(§ 320-26C)
|
Park
|
Permitted
|
Green
|
Permitted
| |
Square
|
Permitted
| |
Plaza
|
Permitted
| |
Playground
|
Permitted
|
NOTES:
1 See § 320-14C.
|
C.
SD-4 building configuration, height and setbacks.
A.
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:
B.
SD-5 bulk requirements.
Building Configuration
|
Principal building
|
5 stories/65 feet maximum; 2 minimum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
Not applicable
|
Lot coverage
|
67% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Not permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Not permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
40 feet minimum
|
Front yard secondary (g.2)1 for corner
lot
|
40 feet minimum
| |
Side yard (g.3)1
|
10 feet minimum
| |
Rear yard (g.4)1
|
10 feet minimum
| |
Frontage build-out
|
Not applicable
| |
Accessory Building Setbacks
|
Front (h.1)1
|
40 feet minimum
|
Side yard (h.2)1
|
10 feet minimum
| |
Rear yard (h.3)1
|
10 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Not permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
|
NOTES:
1 See § 320-15C.
|
C.
SD-5 building configuration, height and setbacks.
A.
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:
B.
SD-6 bulk requirements.
Building Configuration
|
Principal building
|
4 stories/50 feet maximum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
18 feet minimum
|
Lot coverage
|
70% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Not permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
6 feet minimum, 18 feet maximum
|
Front yard secondary (g.2)1 for corner
lot
|
6 feet minimum, 18 feet maximum
| |
Side yard (g.3)1
|
0 feet minimum
| |
Rear yard (g.4)1
|
3 feet minimum
| |
Frontage build-out
|
60% minimum at setback
| |
Accessory Building Setbacks
|
Front (h.1)1
|
20 feet minimum + principal bldg. setback
|
Side yard (h.2)1
|
5 feet minimum or 10 feet at corner
| |
Rear yard (h.3)1
|
5 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Not permitted
|
NOTES:
1 See § 320-16C.
|
C.
SD-6 building configuration, height and setbacks.
A.
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:
B.
SD-7 bulk requirements.
Density
|
Residential density
|
8 du/acres
|
Open space
|
Required open space
|
50% of tract
|
Building Configuration
|
Principal building
|
5 stories/65 feet maximum; 2 minimum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
50 feet minimum
|
Lot coverage
|
50% maximum
| |
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Not permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Permitted
| |
Principal Building Setbacks
|
Front yard primary (g.1)1
|
40 feet minimum
|
Front yard secondary (g.2)1 for corner
lot
|
40 feet minimum
| |
Side yard (g.3)1
|
0 feet minimum, 24 feet maximum
| |
Rear yard (g.4)1
|
3 feet minimum
| |
Frontage build-out
|
80% minimum at setback
| |
Accessory Building Setbacks
|
Front (h.1)1
|
40 feet maximum from rear prop.
|
Side yard (h.2)1
|
3 feet minimum or 5 feet at corner
| |
Rear yard (h.3)1
|
3 feet maximum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Not permitted
|
Porch and fence
|
Not permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
|
NOTES:
1 See § 320-17C.
|
C.
SD-7 building configuration, height and setbacks.
A.
SD-8 purpose. Special District 8: Utility Zone covers the Newton
Power Substation. The following uses are permitted in the District:
A.
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:
B.
SD-9 bulk requirements.
Building Configuration
|
Principal building
|
4 stories/50 feet maximum; 2 minimum
|
Accessory building
|
2 stories/25 feet maximum
| |
Lot Occupation
|
Lot width
|
20 feet minimum
|
Lot coverage
|
70% maximum
| |
Residential Density
|
85% of the development
|
Max. 6 du/acre
|
15% of the development
|
Max. 12 du/acre
| |
Affordable Housing Requirement
|
Minimum set aside
|
20% of residential
|
Building Disposition
(§ 320-26B)
|
Edgeyard
|
Permitted
|
Sideyard
|
Permitted
| |
Rearyard
|
Permitted
| |
Courtyard
|
Not permitted
| |
Commercial/Mixed-Use Building Setbacks
|
Front yard primary (g.1)1 (NE side
lot line along hospital lot should be treated as a front yard)
|
10 feet minimum, 30 feet maximum
|
Front yard secondary (g.2)1 for corner
lot
|
10 feet minimum, 30 feet maximum
| |
Side yard (g.3)1
|
20 feet minimum
| |
Rear yard (g.4)1
|
50 feet minimum
| |
Frontage build-out
|
60% minimum at setback
| |
Residential Building Setbacks
|
Front yard primary
|
100 feet minimum
|
Front yard secondary
|
20 feet minimum
| |
Side yard
|
20 feet minimum
| |
Rear yard
|
50 feet minimum
| |
Frontage build-out
|
Not applicable
| |
Accessory Building Setbacks
|
Front (h.1)1
|
20 feet minimum + principal bldg. setback
|
Side yard (h.2)1
|
5 feet minimum or 10 feet at corner
| |
Rear yard (h.3)1
|
5 feet minimum
| |
Private Frontages
(§ 320-26A)
|
Common lawn
|
Permitted
|
Porch and fence
|
Permitted
| |
Terrace
|
Permitted
| |
Forecourt
|
Permitted
| |
Shopfront and awning
|
Permitted
| |
Gallery
|
Permitted
| |
Arcade
|
Permitted
|
NOTES:
1 See § 320-19C.
|
C.
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.
A.
Scale and style.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
Facades.
(1)
Buildings with more than one facade facing a public street or internal
open space shall be required to provide multiple front facade treatments.
(2)
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
Utilities.
(1)
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.
(2)
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.
O.
Rain gutters. It is encouraged that stormwater from roofs be collected
on site and reused for irrigation and other uses that require nonpotable
water.
A.
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:
(1)
The street configurations and locations shall be designed utilizing
context-sensitive design in combination with the design standards
identified herein.
(2)
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.
(3)
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.
(4)
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.
(5)
Wherever appropriate, all streets shall provide on-street, curbside
parking available to the public, with the exception of any internal
lanes.
(6)
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.
(7)
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.
(8)
The street sections are meant to be starting points for design; however
minimum design standards shall apply.
B.
Pedestrian realm.
(1)
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.
(2)
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.
(3)
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.
(4)
All signal and light posts must be a consistent dark color.
(5)
All sidewalks and intersections must be ADA compliant.
(6)
Crosswalks are required at each intersection.
(7)
Crosswalks must be a different texture, pattern and surface from
roadways and sidewalks.
(8)
Sidewalks shall not be asphalt and shall adhere to the Town's minimum
standards for sidewalks.
(9)
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.
C.
Trash enclosure requirements. All commercial and multifamily residential
uses shall provide trash enclosure and recycling facilities that adhere
to the following standards:
(1)
Each structure shall be designed so as to accommodate easy, safe,
and sanitary access to disposal facilities and recyclable containers.
(2)
Disposal and recycling pickup shall be from a disposal facility,
where accessible to a contracted hauler.
(3)
Disposal and recycling containers must be stored where they are not
accessible to wildlife.
(4)
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.
D.
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:
(1)
Context sensitivity. Considerations include land uses, users, environmental
issues, goals of the community, location and intensity of use.
(2)
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.
(3)
Performance flexibility. Allowing flexibility of the posted speed
on the roadway can accommodate the varying widths and uses of the
road depending on location.
(4)
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.
(5)
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.
(6)
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.
E.
Minimum design standards for complete streets.
Street Type by Transect
|
Travel Lanes/Turning Lanes
|
Parking Lanes*
|
Bike Lanes (where applicable**)
|
Sidewalks/ Buffers
|
---|---|---|---|---|
Local street (T-3)
|
8 feet to 10 feet/no turn lanes
|
6 feet to 8 feet on one or both sides
|
4 feet (shared on street)
|
4 feet to 5 feet/2 feet to 6 feet buffer
|
Collector (T-3)
|
10 feet/no turn lane
|
7 feet to 8 feet on one or both sides
|
5 feet designated on street lanes
|
4 feet to 5 feet/2 feet to 6 feet buffer
|
Collector (T-4 to T-6)
|
10 feet to 11 feet/9-foot turn lanes
|
8 feet on one or both sides
|
5 feet designated on street lanes
|
6 feet to 8 feet/2 feet to 4 feet
|
Arterial (T-1 to T-3)
|
10 feet to 12 feet/no turn lane
|
7 feet to 8 feet on one or both sides
|
5 feet designated on street lanes
|
4 feet to 5 feet/2 feet to 6 feet
|
Arterial/highway (T-4 to T-6)
|
10 feet to 12 feet/9-foot turn lane
|
8 feet on one or both sides
|
5 feet designated on street lanes
|
8 feet to 10 feet/2 feet to 6 feet
|
*
|
On streets where bike lanes are proposed; parking lanes should
be removed or reduced and buffers can be reduced or eliminated in
order to moderate total widths.
|
---|---|
**
|
Proposed bike lane locations are proposed in the bike path section
of the report. Not all streets will have bike lanes.
|
F.
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.
A.
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:
Parking Requirements by Transect Zone and Use
| |||
---|---|---|---|
T-2/T-3
|
T-4
|
T-5/T-6
| |
Residential
|
2.0/dwelling
|
1.5/dwelling
|
1.0/dwelling
|
Lodging
|
1.0/bedroom
|
1.0/bedroom
|
1.0/bedroom
|
Office
|
3.0/1,000 square feet
|
3.0/1,000 square feet
|
2.0/1,000 square feet
|
Retail
|
4.0/1,000 square feet
|
4.0/1,000 square feet
|
3.0/1,000 square feet
|
Restaurant
|
1.0/3.0 seats
|
1.0/3.0 seats
|
1.0/4.0 seats
|
Light industry
|
3.0/1,000 square feet
|
3.0/1,000 square feet
|
2.5/1,000 square feet
|
Special districts use T-4
|
(1)
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]
B.
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.
(1)
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.
(2)
If uses do not meet the above requirements, shared parking may be
provided if:
C.
Surface parking.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
A ten-foot minimum buffered planter strip is required between surface
parking lots and an adjacent property line.
(6)
Parking lot layout should take into consideration pedestrian movement
and pedestrian crossings shall be installed where deemed necessary
by the Town Engineer.
D.
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:
(1)
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.
(2)
Blank walls shall not be permitted.
(3)
Structures shall utilize design elements such as arcades, awnings,
landscaping, colonnades and/or street furniture to incorporate the
building into the surrounding area.
(4)
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.
E.
Residential driveways.
[Amended 8-26-2013 by Ord. No. 2013-22]
(1)
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.
(2)
Off-street parking on areas other than driveways is prohibited.
[Amended 6-9-2014 by Ord. No. 2014-9; 9-16-2020 by Ord. No. 2020-19]
(3)
All
driveways shall be hard-surfaced with asphalt, concrete, gravel, crushed
stone, pavers or other material that provides a durable, dust-free
surface which meets or exceeds the minimum specifications prescribed
by any zoning, construction, and/or land use requirements. All driveways
shall be durable and maintained in good condition.
[Added 9-16-2020 by Ord. No. 2020-19]
(4)
The total residential driveway area shall not exceed 50% of the principal dwelling footprint, plus a twelve-foot-wide driveway sufficient to connect to the municipal right-of-way, or the minimum parking area which is required in order to meet the parking requirements of § 320-23, whichever is larger.
[Added 9-16-2020 by Ord. No. 2020-19]
F.
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]
A.
Fences or walls.
(1)
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.
(2)
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.
(3)
The finished side of all fence surfaces shall face adjacent properties.
(4)
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.
(5)
No fence or wall shall be erected in a prescribed sight triangle.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
Without limitation hereto, the following fences and fencing
materials are specifically prohibited:
(a)
Barbed wire or other hazardous construction or material unless
on a farm;
(b)
Canvas, fabric or cloth fences;
(c)
Electrically charged fences unless on a farm;
(d)
Temporary fences, such as snow or silt fences, except as the
latter may be necessary during development or other approved land
disturbance;
(e)
Plastic slats or other inserts in woven wire fences.
(f)
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.
(g)
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.
(h)
Swimming pool fences. Every private swimming pool shall have
a fence enclosure which complies with (BOCA) Building Officials and
Code Administrators International.
(i)
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.
(11)
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]
(12)
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]
(13)
Temporary fences must meet all setback and height requirements
of permanent fencing.
[Added 9-16-2015 by Ord.
No. 2015-24]
(14)
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]
B.
Landscape standards.
(1)
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.
(2)
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.
(3)
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.
(4)
Native plants should be used before other alternatives.
(5)
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.
(7)
All open areas not covered by buildings, paving, and sidewalks shall
be graded and landscaped.
(8)
Rainwater management shall be integrated into the site design. Rainwater
shall be captured and stored for nonpotable uses.
(9)
All landscaped areas must be well maintained, cleared, clipped and
pruned to provide a positive healthy visual character.
C.
Hardscape requirements for streetscape.
(1)
Barrier-free access to all pedestrian spaces is required.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Utilities shall not be located within the planting strip.
(7)
Sidewalk areas shall be continuous across any driveway, including
any decorative paving elements.
(8)
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.
(9)
Driveway widths and curb cuts shall be kept to the minimum width
necessary.
(10)
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.
D.
Planting requirements for streetscape.
(1)
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.
(3)
Street tree planting should be strategically phased to ensure procurement
of large quantities of uniform and consistently sized specimens of
specifically selected species.
(4)
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.
(5)
Native tree species with proven success shall be thoroughly searched
by a plant broker before consideration of alternate species.
(6)
Street trees shall not be planted within the clear sight triangle
of each intersection.
E.
Lighting requirements for streetscape.
(1)
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.
(2)
Streetlighting shall be placed in the textured strip between the
curb and sidewalk.
(3)
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."
(4)
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.
(5)
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.
(6)
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.
(7)
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]
(8)
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.
(9)
All lighting shall use shielded light fixtures to prevent misdirected
or excessive artificial light and maximize energy efficiently.
F.
Semipublic edge requirements.
(1)
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.
(2)
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.
(3)
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).
(4)
Fencing along all street frontages/semipublic edges shall not exceed
three feet in height.
(5)
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.
(6)
The use of native shrubs and grasses is encouraged.
(7)
Shade trees, flowering trees, and evergreens must be kept properly
pruned.
G.
Parking requirements.
(1)
All parking areas must be appropriately screened along the periphery
on all sides as required.
(2)
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.
(4)
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.
A.
General sign provisions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Any official sign or sign required by a provision of law is permitted
in any zone.
(9)
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.
(10)
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.
(11)
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]
B.
Sign size and location.
(1)
Number of signs permitted by type.
Sign Type
|
Number of Signs, if Permitted
|
Zones Permitted
| |
---|---|---|---|
Freestanding/ground-mounted
|
1 per building
|
T-4, T-5, SD 1-9
| |
Awning/canopy/facade/ wall/projecting/blade
|
Choose any 2 per road frontage and 1 additional per nonfrontage
side per business
|
T-4, T-5, T-6, SD 1-9
| |
Directional
|
1 per ingress/egress and as needed internally to the site
|
All districts
| |
Menu board (window or facade)
|
1 per business
|
T-4, T-5, T-6, SD 1-9
| |
Portable sign/sandwich board
|
1 per business
|
T-6
| |
Portable sign/sandwich board
|
2 per business
|
T-4, T-5, SD 1-9
| |
Professional/tenant identification
|
1 per building
|
T-4, T-5, T-6, SD 1-9
| |
Real estate
|
1 per building
|
All districts
| |
Window (permanent)
|
1 per window
|
T-4, T-5, T-6, SD 1-9
| |
Window (permanent internally illuminated)
|
1 per window
|
T-4, T-5, T-6, SD 1-9
| |
Home/professional occupation sign
|
1 per building
|
All districts
| |
Temporary ground sign/banner (T-6)
|
1 per business
|
T-6
| |
Temporary/ground sign/banner (T-4, T-5, SD 1-9)
|
5 per business
|
T-4, T-5, SD 1-9
| |
Temporary window signs (T-4, T-5, T-6)
|
Any number up to max. % coverage permitted
|
T-4, T-5, T-6
| |
Temporary window signs (SD 1-9)
|
Any number up to max. % coverage permitted
|
SD 1-9
| |
Quick response (QR)/TAG code
|
1 per business
|
T-4, T-5, T-6, SD 1-9
| |
Decorative or open flags
|
1 per business
|
All districts
| |
"Open" signs (may be internally illuminated, not flashing)
|
1 per business
|
T-4, T-5, T-6, SD 1-9
| |
Barber shop poles
|
1 per business
|
T-4, T-5, T-6, SD 1-9
|
(2)
Size of signs by type.
Sign Type
|
Maximum Size Per Sign
| |
---|---|---|
Freestanding/ground-mounted
|
40 square feet
| |
Awning/canopy
|
8 square feet
| |
Facade/wall
|
1 square foot per lineal foot of facade
| |
Facade/wall (internally illuminated)
|
8 square feet
| |
Projecting/blade
|
12 square feet
| |
Directional
|
4 square feet
| |
Menu board
|
4 square feet
| |
Portable sign/sandwich board
|
8 square feet
| |
Professional/tenant identification
|
40 square feet total; 3 square feet per tenant
| |
Real estate
|
24 square feet
| |
Window (permanent)
|
8 square feet per window
| |
Window (permanent, internally illuminated)
|
8 square feet per window
| |
Home/professional occupation sign
|
4 square feet
| |
Temporary ground sign/banner
|
24 square feet
| |
Temporary window signs (T-4, T-5, T-6)
|
Maximum window coverage 50% (including permanent window signs)
| |
Temporary window signs (SD 1-9)
|
Maximum window coverage 75% (including permanent window signs)
| |
Quick response (QR)/TAG code
|
1 square foot
| |
Decorative or open flags
|
6 square feet
| |
Open signs (may be internally illuminated not flashing)
|
8 square feet (in addition to above permitted signs)
| |
Barber shop poles
|
4 feet maximum height
|
C.
Sign area measurement.
(1)
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.
(2)
The sign area measurement shall not include framing, trim, molding
or supporting/hanging structure used to secure sign to the building.
(3)
For double-faced signs, only one side is considered into the measurement.
(4)
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.
D.
Sign lighting.
(1)
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.
(2)
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.
(3)
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]
E.
Construction signage.
(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.
F.
Temporary signage and banners.
(1)
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.
(2)
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.
(3)
Temporary signs for elections and community events, such as tricky
trays, yard sales, etc., are permitted, subject to the following requirements:
(a)
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.
(b)
The property owner must consent to the sign on his/her property.
(c)
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.
(4)
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.
G.
Location of signage.
(1)
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.
(2)
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.
(3)
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.
H.
Prohibited signage.
(1)
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.
(2)
Roof signs, feather flags.
I.
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:
(1)
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.
(2)
Official signs.
(3)
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.
(4)
Signs used on properties warning the public against hunting or trespassing
thereon, provided that the sign does not exceed two square feet.
(5)
The flag of a government or noncommercial institution such as a school.
(6)
Religious symbols and seasonal decorations within the appropriate
recognized season or holiday.
(7)
Temporary community event and political signs, provided they meet
the standards of this section.
(8)
Portable signs, decorative or open flags and open signs, provided
they meet the standards of this section.
(9)
Real estate signs, provided they meet the standards of this section.
(10)
Temporary windows signs, provided they meet the standards of
this section.
(11)
Relettering of a previously approved sign, provided that the
size or location of the sign does not change.
(12)
Business or historic district directory signs, wayfinding signs,
signs setting forth rules of conduct and/or light pole banners.
(13)
Temporary grand opening signs and/or banners for the first 30
days the signs are displayed.
J.
Signs and banners over public streets.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
After being granted, such approval pursuant to this section shall
be valid for a maximum of four weeks.
(6)
An application for a sign or banner over Spring Street shall contain:
(a)
A statement of eligibility to apply for a sign or banner under
the terms of this section; and
(b)
The weight and dimensions of the sign or banner, and the type
of fastenings proposed to be used; and
(c)
Any such other information as may be required by the Director
of Public Works, Town Manager, Municipal Clerk or Deputy Municipal
Clerk.
(7)
Upon application, and prior to approval of the sign or banner, the
following must be obtained:
A.
Private frontages.
a.
|
Common Yard: A planted frontage wherein
the facade is set back substantially from the frontage line. The front
yard created remains unfenced and is visually continuous with adjacent
yards, supporting a common landscape. The deep setback provides a
buffer from the higher-speed thoroughfares.
| ||||
b.
|
Porch & Fence: A planted frontage
wherein the facade is set back from the frontage line with an attached
porch permitted to encroach. A fence at the frontage line maintains
street spatial definition. Porches shall be no less than eight feet
deep.
| ||||
c.
|
Terrace or Lightwell: A frontage wherein
the facade is set back from the frontage line by an elevated terrace
or a sunken lightwell. This type buffers residential use from urban
sidewalks and removes the private yard from public encroachment. Terraces
are suitable for conversion to outdoor cafes. Syn: dooryard.
| ||||
d.
|
Forecourt: A frontage wherein a portion
of the facade is close to the frontage line and the central portion
is set back. The forecourt created is suitable for vehicular dropoffs.
This type should be allocated in conjunction with other frontage types.
Large trees within the forecourts may overhang the sidewalks.
| ||||
e.
|
Stoop: A frontage wherein the facade is
aligned close to the frontage line with the first story elevated from
the sidewalk sufficiently to secure privacy for the windows. The entrance
is usually an exterior stair and landing. This type is recommended
for ground-floor residential use.
| ||||
f.
|
Shopfront: A frontage wherein the facade
is aligned close to the frontage line with the building entrance at
sidewalk grade. This type is conventional for retail use. It has a
substantial glazing on the sidewalk level and an awning that may overlap
the sidewalk to within two feet of the curb. Syn: retail frontage.
| ||||
g.
|
Gallery: A frontage wherein the facade
is aligned close to the frontage line with an attached cantilevered
shed or a lightweight colonnade overlapping the sidewalk. This type
is conventional for retail use. The gallery shall be no less than
10 feet wide and should overlap the sidewalk to within two feet of
the curb.
| ||||
h.
|
Arcade: A colonnade supporting habitable
space that overlaps the sidewalk, while the facade at sidewalk level
remains at or behind the frontage line. This type is conventional
for retail use. The arcade shall be no less than 12 feet wide and
should overlap the sidewalk to within two feet of the curb. See Table
8.[1]
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B.
Building disposition.
C.
Civic space.
[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.
A.
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.
B.
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.
(1)
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]
C.
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.
D.
Existing lots, nonconforming area, width and setback.
(1)
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.
(2)
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.
E.
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.
F.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
A zoning permit shall be required prior to the establishment of any
professional occupation.
B.
Home occupations. The following conditions shall apply:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
There shall be no more than one home occupation in any one dwelling
unit.
C.
Cemeteries. Cemeteries shall be subject to the following conditions:
D.
Clubs, lodges and fraternal organizations. Clubs, lodges and fraternal
organizations shall be subject to the following conditions:
(1)
No building or part thereof or any parking or loading area shall
be located nearer than 25 feet to any street or lot line.
(2)
No alcoholic beverage license is issued or shall be used in connection
therewith.
(3)
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.
E.
Residential cluster development.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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:
(6)
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.
F.
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:
(1)
Any such facility shall be limited to eight such persons plus not
exceeding four staff members.
(2)
The residence shall have at least two means of egress.
(3)
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.
(4)
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.
(5)
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.
(6)
Access shall be adequate for all emergency vehicles and there shall
be a hydrant located within 600 feet of the premises.
(7)
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.
G.
Licensed taxicab business office. Officers used for conducting licensed
taxicab business shall be subject to the following regulations:
(1)
One off-street parking space shall be provided for each licensed
taxicab.
(2)
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.
H.
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:
(1)
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.
(2)
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.
(3)
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.
I.
Motor vehicle body shops. Motor vehicle body shops shall be permitted,
subject to the following provisions:
(1)
They must be accessory to either motor vehicle sales, motor vehicle
repairs, services stations or commercial garages.
(2)
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.
(3)
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.
J.
Farm and agricultural uses. In the districts where farm and agricultural
uses are permitted, the following additional provisions governing
their use shall apply:
(1)
Such uses are conducted upon a lot not less than five acres in area.
(2)
All animals shall be provided shelter for containment, and premises
are to be maintained in such a way as to regularly remove waste and
prevent odor and attraction of rodents and insects. No building or
structure used for shelter or enclosure of fowl, game, horses, or
farm livestock shall be closer to any property line than 200 feet.
[Amended 8-5-2019 by Ord.
No. 2019-7]
(3)
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.
(4)
One horse for the personal use of the occupants of the residence
may be maintained on any lot at least three acres in size.
[Amended 8-5-2019 by Ord.
No. 2019-7]
(5)
The display for sale of products grown or raised by the owner, tenant
or lessee on a roadside stand shall only be permitted where:
(a)
The sale of such products is within the confines of the property
upon which they have been grown or raised.
(b)
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.
(c)
The sale of any such products shall not have a deleterious effect
on adjoining properties by reason of nuisance or health hazard.
(d)
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.
K.
Bed-and-breakfast dwelling. A bed-and-breakfast dwelling shall meet
the following conditions and standards:
(1)
Application. The lot shall be located within the locally designated
historic district.
(3)
Bulk standards. A bed-and-breakfast facility shall conform to the
zone district's dimensional and area requirements for a residential
use.
(4)
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.
(5)
Additional design standards.
(a)
Unless required for the principal use, a bed-and-breakfast dwelling
does not require an off-street loading space.
(b)
Landscaping or screening shall be provided to adequately shield
from view rear yard activities including required off-street parking
spaces from adjoining residential properties.
(c)
No parking shall be permitted in the required front yard set
back or in front of the building containing a bed-and-breakfast.
(d)
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.
(6)
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.
L.
M.
Cannabis retailer. Cannabis retailers shall meet the following conditions
and standards when permitted as a conditional use:
[Added 6-28-2021 by Ord.
No. 2021-12]
(1)
Application. The cannabis retailer facility shall have frontage on
Water Street or Mill Street, except when located in the SD-3 Zone.
(2)
Location. Cannabis retailers shall be separate and distinct from
growing operations.
(3)
Buildings. All cannabis retailers shall be enclosed in heated/air-conditioned
permanent buildings, not trailers, outdoors, movable kiosks, etc.
(4)
Signage. Signs shall be limited to location identification/name of
business. Signage shall not promote consumption of any cannabis products.
(5)
Site plan approval. When seeking site plan approval, the applicant
for cannabis retailers shall submit a safety and security plan and
emergency services access plan.
(6)
Accessibility. Any cannabis retailer shall only have one primary
public access point, which shall be directly adjacent to the right-of-way
or parking area of the building. Access should not be through common
entrances with other uses.
(7)
Hours of operation. Hours of operations for cannabis retailers shall
be limited generally to daytime and early evening hours from 9:00
a.m. to 9:00 p.m., Monday through Saturday.
[Amended 7-12-2021 by Ord. No. 2021-13]
(8)
Interior security. Cannabis retailers interiors shall provide a secure
location for storage of products with minimum products in any customer
service area.
(9)
Exterior loitering and security. People shall not be permitted to
congregate outside of a cannabis retailer, loiter or wait in line
to access the cannabis retailer. The facility shall have a plan in
place if interior capacity is exceeded, i.e., numbers are given and
customers wait in their vehicles until called.
(10)
Product consumption. No products shall be permitted to be consumed
on site.
(11)
Limits on the number of licensed cannabis retail facilities and delivery
businesses in certain zones. The Town of Newton shall limit the total
number of licensed cannabis retail facilities and cannabis delivery
businesses in the Town of Newton as follows: a) there shall be no
more than two, in total, licensed cannabis retail facilities and cannabis
delivery businesses approved by the Town of Newton for location on
Water Street; b) there shall be no more than two, in total, licensed
cannabis retail facilities and cannabis delivery businesses approved
by the Town of Newton for location on Mill Street; and c) there shall
be no more than one, in total, licensed cannabis retail facility and
cannabis delivery business approved by the Town of Newton for location
in the SD-3 Zone. No licenses in excess of the amounts established
above shall be permitted/allowed by any Town employee, board, body,
or commission.
[Added 6-26-2023 by Ord. No. 2023-18]
N.
Cannabis delivery. Cannabis delivery services shall meet the following
conditions and standards when permitted as a conditional use:
[Added 6-28-2021 by Ord.
No. 2021-12]
(1)
Application. The cannabis delivery facility shall have frontage on
Water Street or Mill Street, except when located in the SD-3 Zone.
(2)
Location. Cannabis delivery shall be separate and distinct from growing
operations.
(3)
Buildings. All cannabis delivery services shall be enclosed in heated/air-conditioned
permanent buildings, not trailers, outdoors, movable kiosks, etc.
(4)
Signage. Signs shall be limited to location identification/name of
business. Signage shall not promote consumption of any cannabis products.
(5)
Site plan approval. When seeking site plan approval, the applicant
for cannabis delivery services shall submit a safety and security
plan and emergency services access plan.
(6)
Interior security. Cannabis delivery services interiors shall provide
a secure location for storage of products.
(7)
Exterior loitering and security. Customers shall not be permitted
to pick up products from a cannabis delivery service.
(8)
Product consumption. No products shall be permitted to be consumed
on site.
(9)
Hours of operation. Hours of operations for cannabis delivering businesses
shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday.
[Added 7-12-2021 by Ord.
No. 2021-13]
(10)
Limits on the number of licensed cannabis retail facilities and delivery businesses in certain zones. The Town of Newton shall limit the total number permitted on Water Street, Mill Street, and in the SD-3 Zone for cannabis delivery businesses in conjunction with the limits established in § 320-28M(11) above. No licenses in excess of the amounts established in § 320-28M(11) above shall be permitted/allowed by any Town employee, board, body, or commission.
[Added 6-26-2023 by Ord. No. 2023-18]
O.
Cannabis cultivator, manufacturer, wholesaler or distributor. The
cannabis cultivator, manufacturer, wholesaler, or distributor shall
meet the following conditions and standards when permitted as a conditional
use:
[Added 6-28-2021 by Ord.
No. 2021-12]
(1)
Location. Facilities shall be at least 500 feet from the property
line of a school or state-licensed child-care or day-care facility.
(2)
Buildings. All facilities shall be enclosed in heated/air-conditioned
permanent buildings, not hoop houses or greenhouses.
(3)
Signage. Signs shall be limited to location identification/name of
business. Signage shall not promote consumption of any cannabis products.
(4)
Site plan approval. When seeking site plan approval, the applicant
shall submit a safety and security plan and emergency services access
plan.
(5)
Odor control. The facility shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility and outside the facility
shall not be detectable by a person of reasonable sensitivity at the
property line of the subject property. Any and all odor control devices,
needs, and systems shall be paid for by the facility owner and/or
the facility tenant and shall not be the financial responsibility
of the Town. Odor from the facility shall be monitored, on an annual
basis, at the discretion of the Town by a licensed, qualified contractor
chosen by the Town and paid for by the facility owner, and/or the
facility tenant, and shall not be the financial responsibility of
the Town.
[Amended 7-12-2021 by Ord. No. 2021-13]
(6)
Hours of operation. Hours of operations for cannabis cultivator,
manufacturer, wholesaler, or distributor shall be from 9:00 a.m. to
9:00 p.m., Monday through Saturday.
[Added 7-12-2021 by Ord.
No. 2021-13]
A.
Applicability.
(1)
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.
(2)
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.
B.
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:
(1)
Assisting with marketing of Newton's affordable housing units.
(2)
Establishing a screening process for potential home buyers or tenants
based on income eligibility.
(3)
Maintaining eligibility lists.
(4)
Referring eligible home buyers and renters to available units.
(5)
Determining maximum resale prices or rents.
(6)
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.
(7)
Providing housing counseling services to potential home buyers.
(8)
Assisting households through settlement procedures.
C.
Program fee requirements.
(1)
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.
(2)
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.
(4)
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.
(5)
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).
D.
Affordability criteria.
(1)
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.
(2)
The following range of affordability for purchased housing shall
be required for every 20 low- and moderate-income units:
(3)
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.
(4)
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.
(5)
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:
Number of Bedrooms
|
Number of Occupants
| |
---|---|---|
0
|
1
| |
1
|
2
| |
2
|
3
| |
3
|
5
| |
4
|
7
|
E.
Residency preference: affirmative marketing area.
(1)
For rehabilitated housing units, eligible persons who reside in the
municipality shall have preference over those who do not reside in
the municipality.
(2)
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.
(3)
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.
F.
Distribution and location criteria.
(1)
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.
(2)
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.
(3)
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.
G.
Building schedule.
(1)
The low- and moderate-income units shall obtain certificates of occupancy
in tandem with the market rate units according to the following schedule:
Percentage of Market Housing Unit Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
| |
---|---|---|
Up to 25%
|
0% (none required)
| |
25% + 1 unit
|
10%
| |
50%
|
50%
| |
75%
|
75%
| |
90%
|
100%
| |
100%
|
—
|
(2)
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.
H.
Affordability requirement for residential conversions.
(1)
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.
(2)
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.
A.
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:
(1)
Encourage the location of towers in specific areas within the Town.
(2)
Minimize the total number of towers constructed within the Town.
(3)
Strongly encourage the joint use of new and existing tower sites
among telecommunications providers.
(4)
Enhance the ability of telecommunications providers to provide such
services to the community quickly, effectively and efficiently.
(5)
Exempt from the provisions hereof noncommercial amateur radio antennae
and structures which attend private residences.
(6)
Encourage users of towers and antennae to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal.
(7)
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.
(8)
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.
(9)
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]
B.
ANTENNA
ELIGIBLE FACILITIES REQUEST
FAA
FCC
HEIGHT
PREEXISTING TOWERS and
PREEXISTING ANTENNAE
STEALTH TOWER STRUCTURE
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
(5)
(6)
TOWER
WIRELESS COMMUNICATIONS FACILITIES
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.
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.
Any tower or antenna for which a zoning permit has been issued
prior to the effective date of this section.
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.
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]
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).];
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;
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;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
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.
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.
C.
Conditionally permitted uses.
(1)
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:
(a)
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.
(b)
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.
(c)
Minimum lot size shall be six acres.
(d)
Minimum front yard setback shall be 50 feet or the height of
the structure, whichever is greater.
(e)
Minimum side yard setback shall be 50 feet or the height of
the structure, whichever is greater.
(f)
Minimum rear yard setback shall be 50 feet or the height of
the structure, whichever is greater.
(g)
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.
(h)
The parcel shall have either:
[1]
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
[2]
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.
(i)
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.
(j)
The minimum height of security fence shall be six feet and the
maximum height shall be eight feet, exclusive of barbed wire on top.
(2)
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.
(3)
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:
(a)
The added equipment shall not extend higher than 25 feet above
the existing structure upon which said equipment is to be placed.
(b)
The added equipment shall not protrude more than five feet beyond
the existing sides of the structure and must not violate existing
setbacks.
(c)
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.
D.
Co-location on an existing structure; eligible facilities request.
[Amended 10-14-2015 by Ord. No. 2015-27]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(a)
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.
(b)
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.
(c)
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.
(5)
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.
(6)
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.
(7)
Remedies. Applicants and the Town of Newton or its agents may bring
claims related to this chapter to any court of competent jurisdiction.
E.
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:
(1)
Aesthetics. At the discretion of the appropriate land use board,
towers and antennae shall meet the following requirements:
(a)
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.
(b)
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.
(c)
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.
(2)
Lighting. No lighting shall be permitted except as follows, which
shall be subject to review and approval of the appropriate land use
board as part of the site plan application process:
(a)
A building enclosing electronic equipment may have one light
at the entrance to the building, provided the light is attached to
the building, is focused downward, and is switched so that the light
is turned on only when workers are at the building.
(b)
No lighting is permitted on any tower except lighting specifically
required by the FAA.
(c)
Any such required lighting shall be focused and shielded to
the greatest extent possible so as not to project toward adjacent
and nearby properties.
(3)
State and federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other state
or federal agency with the authority to regulate such uses. When any
such applicable standards and regulations are changed, the owners
of the towers and antennas governed by this section shall bring such
towers and antennas into compliance with such revised standards within
six months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the immediate removal of the tower or antenna at the owner's
expense.
(4)
Building codes. To ensure the structural integrity of towers, the
owner of a tower shall ensure it is maintained in compliance with
standards contained in the applicable state or local building codes
and the applicable standards for towers that are published by the
Electronic Industries Association, as amended from time to time. If
upon inspection the Town concludes that a tower fails to comply with
such codes and standards and constitutes a danger to persons or property,
then, upon notice being provided to the owner of the tower, the owner
shall have 30 calendar days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 calendar days shall constitute grounds for the immediate removal
of the tower or antenna by the owner, lessee or by the Town at the
owner's expense.
(5)
Signs. No signs shall be allowed on an antenna or tower, except as
may be required by the FAA or the FCC.
(6)
Electronic equipment buildings. Any proposed building related to
electronic equipment shall not be more than 15 feet in height nor
more than 700 square feet in area, and only one such building shall
be permitted on the lot for each provider of communication services
located on the site.
(7)
Parking. Minimum off-street parking shall be permitted as needed
and approved by the appropriate land use board.
(8)
Security. All towers shall be designed with anticlimbing devices
to prevent unauthorized access. Additionally, any tower supporting
cellular or other wireless tower antennas and any building enclosing
related electronic equipment shall be surrounded by a fence between
six feet and eight feet high, excluding barbed wire. The fence shall
be bordered by a double-stepped row of evergreen conifer trees at
least eight feet tall at the time of planting and shall be planted
10 feet on center.
(9)
Interference with public safety communications. No cellular or other
wireless antenna and/or its related electronic equipment shall interfere
with any public safety communications.
(10)
Noise. Noise levels at any property line shall not exceed 50
decibels or current noise standards promulgated by the State of New
Jersey, whichever is less.
(11)
Generators. Any generator located on the site shall be enclosed
within a portion of the electronic equipment building. Any fuel storage
shall be in compliance with federal and state regulations, and shall
be limited to fuel stored within the primary fuel tank provided by
the manufacturer of the generator. No auxiliary or supplementary fuel
storage shall be permitted.
F.
General requirements for towers and antennas.
(1)
Principal or accessory use. Antennas and towers shall be considered
principal uses. Notwithstanding any other Town land use regulations,
an existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. If a tower and its appurtenant
structures constitute the sole use of the lot, the tower shall be
deemed to be the principal use.
(2)
Lot size. For the purpose of determining whether the installation
of a tower or antenna complies with the zone district development
regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas may be located
on leased parcels within such lot.
(3)
Facility abandonment. In the event that any tower is abandoned or
is not operated for a period of one year, the same shall be removed
within 60 days' notice by the Town at the sole expense of the owner.
The owner shall provide a performance bond and/or other assurances
satisfactory to the Planning Board and the Town that will cause the
antennas, the supporting tower, the auxiliary building enclosing related
electronic equipment, and all other related improvements to the land
to be removed at no cost to the Town.
G.
Site plan submission and approval requirements for new wireless facilities
and substantial changes with co-location on an existing tower. In
addition to the applicable documentation and items of information
required for major site plans within the Town Land Use Ordinance,
the following additional documentation and items of information shall
be required as part of any wireless communications facility site plan
application for any site in the Town, regardless of whether the proposed
site is in an area where such a tower is a permitted use:
[Amended 10-14-2015 by Ord. No. 2015-27]
(1)
A scaled site plan clearly indicating the location, type and height
of the proposed facility, on-site land uses and zoning, adjacent land
uses and zoning (including if the site is adjacent to other municipalities),
adjacent roadways, proposed means of access, setback from property
lines, elevation drawings of the proposed tower and other structures,
topography, woodlands, tree lines, buffers or significant topographic
terrain features, parking and other information deemed necessary to
assess compliance with this section.
(2)
The setback between the proposed tower and the nearest residential
unit.
(3)
Documentation by a qualified expert regarding the capacity of the
proposed tower for the number of antennas.
(4)
Documentation by a qualified expert that any proposed tower will
have sufficient structural integrity to support the proposed antennas
and the anticipated future co-located antennas, and will meet the
structural standards developed for antennas by the Electronic Industries
Association and/or the Telecommunication Industry Association. Such
documentation shall also indicate that the applicant shall make available
any unoccupied space in an existing equipment building or shall permit
the co-locator to construct its own separate equipment building if
existing space is not available.
(5)
A letter of intent by the applicant in a form acceptable to the Town
indicating the applicant will share the use of any tower with other
approved cellular or other wireless communications services. Additionally,
the applicant shall make available to subsequent co-locators any space
in the applicant's existing equipment building, or if no additional
space is available to address the needs of the proposed co-locator,
the applicant shall make available a portion of the site for construction
of an additional equipment building for the use of the proposed co-locator.
(6)
A visual sight distance analysis graphically simulating the appearance
of any proposed tower and indicating the view from at least five locations
around and within one mile of the proposed tower where the tower will
be most visible.
(7)
An overall comprehensive plan indicating how the applicant intends
to provide full service throughout the Town and, to the greatest extent
possible, how its plan to provide full service specifically relates
to and is coordinated with the needs of all other providers of cellular
or other wireless communications services within the Town. Specifically,
the plan shall indicate the following:
(a)
How the proposed antenna relates to the location of any existing
towers within the Town.
(b)
How the proposed location relates to the anticipated need for
additional antennas and supporting towers within and near the Town
by the applicant and by other providers of cellular or other wireless
communications services within the Town.
(c)
How the proposed location relates to the objective of allocating
the antennas of many different providers of cellular or other wireless
communications services on the same tower.
(d)
How the proposed location relates to the overall objective of
providing full cellular or other wireless or other forms of wireless
communications services within the Town while, at the same time, limiting
the number of towers to the fewest possible.
(e)
A radio frequency emissions report from a qualified expert detailing
latent site emissions.
(8)
Upon completion of the construction of the facility, as-built drawings
(plans and profiles) certified by a professional engineer licensed
by the State of New Jersey shall be submitted showing all improvements,
appurtenances, structures and conditions at the time of preparation.
(9)
No modifications and/or additions to the facilities which are the
subject of an approved site plan shall be made without subsequent
application to, and review and approval by, the appropriate land use
board of an amended site plan showing such modifications or additions.
(10)
The applicant shall protect and preserve by deed restriction
which shall be subject to the approval of the land use board attorney,
all existing, proposed and/or required buffers, subject to reasonable
construction easements to facilitate completion of all proposed improvements.
H.
Existing towers. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain site plan approval and a conditional use permit, and shall be required to meet the requirements specified above. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility as approved. Building permits to rebuild the facility shall comply with the then applicable building codes, and shall be obtained within 180 days from the date when the facility was damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 320-30I.
I.
Abandonment and removal. Any antenna or tower that is not operated
for a continuous period of six months shall be considered abandoned,
and the owner of such antenna or tower shall remove the same within
90 days of receipt of notice from the Town of Newton notifying the
owner of such abandonment. Towers that are rendered obsolete or outdated
by advances in technology shall be removed or modified. Failure to
remove an obsolete, outdated or abandoned antenna or tower within
90 days shall be grounds for the Town to require removal of the tower
or antenna at the owner's or property owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower or same is
deemed obsolete or outdated by the Town. The Town may condition the
issuance of any permit to construct a tower or antenna on the posting
of an appropriate performance bond or other suitable guarantee in
a face amount of not less than 120% of the cost to remove the tower
and restore the property as determined by the Town Engineer for such
construction as required under all applicable Town ordinances.
J.
Eligible facilities request application requirements. An eligible
facilities request application shall include the following:
(1)
Applicant's certification that he/she has the legal authority to
co-locate/modify support structures, which may include approvals from
the jurisdiction authorizing the initial placement of transmission
equipment on the tower or other structure.
(2)
The identity of the owner of the parcel.
(3)
Detailed site information. Except where the facility will be located
entirely within an existing structure or an existing building, detailed
site plan information shall show:
(a)
Existing and proposed improvements. The location and dimensions
of the existing facility and the maximum height aboveground of the
facility (also identified in height above sea level).
(b)
Elevation. The benchmarks and datum used for elevations.
(c)
Design. The design of the facility, including the specific type
of support structure and the design, type, location, size, height
and configuration of applicant's existing and proposed antennas and
other equipment. The method(s) by which the antennas will be attached
to the mounting structure shall be depicted.
(d)
Setbacks. All existing setbacks.
(e)
Location of accessways. The location of all existing accessways
and the location and design of all proposed accessways.
(4)
All applications for cellular towers, including co-location and eligible
facilities requests, shall comply with any and all general applicable
building, structural, electrical, and safety codes, as well as any
others deemed by the Town to be related to health and safety.
(5)
Further, all such applications shall also comply with the requirements
of the Historic Preservation District, as applicable, and any concerns
or comments made by the Commission thereto.
A.
Administration and enforcement. It shall be the duty of the Zoning
Officer to enforce the provisions of this chapter. The Zoning Officer
shall investigate any violation or alleged violation of this chapter
coming to their attention and shall have, to the extent applicable,
all of the powers to exercise all of the functions and duties with
respect to this chapter as set forth below.
B.
Enforcement by Zoning Officer. The office of Zoning Officer is hereby created. It shall be the duty of the Zoning Officer to enforce this chapter, the provisions of Chapter 240 (Land Subdivision and Site Plan Review), and also the provisions of the land use procedures (Chapter 166 of this revision). Pursuant to that duty, the Zoning Officer shall investigate any violation or alleged violation of this chapter coming to his attention. All applications to the Construction Official for building permits shall be examined by the Zoning Officer for compliance with this chapter and all such permits shall be signed by the Zoning Officer, as well as the Construction Official. The Zoning Officer shall require two sealed plot plans with an embossed seal, prepared by a New Jersey licensed professional engineer, land surveyor, architect or planner to the extent that said professionals are permitted to prepare such plans by virtue of the provisions of N.J.A.C. 13:40-7.3. Such plans shall be drawn to scale and show the size and other facilities sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations or accessory structures to existing single-family dwellings, and a sketch prepared by the owner or applicant accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirements, the Zoning Officer may require a sealed location survey. In the event of any material deviation from the approved application, plot plan, or building plans, the Zoning Officer may stop construction by posting a stop-work notice at the building site. The Zoning Officer and the Construction Official, or either of them, shall have the right to enter any building or premises during the daytime in the course of duty, after proper notification to the property owner or occupant of the property.
C.
Assistant Zoning Officer.
(1)
Office created. The office of Assistant Zoning Officer is hereby
created. There may be, at the discretion of the Town Manager, up to
two Assistant Zoning Officers who are appointed by the Town Manager
and are current employees of the Town of Newton.
(2)
Compensation. The Assistant Zoning Officer shall not receive any
additional compensation other than the compensation fixed for their
employed position.
(3)
Duties. It shall be the duty of the Assistant Zoning Officer, under
the supervision and control of the Zoning Officer and to the extent
not prohibited by law, to perform all the duties of the Zoning Officer
in the absence of the Zoning Officer or at such other times as may
be permitted by law or as directed by the Town Manager.
D.
Zoning permits.
(1)
Required. A zoning permit shall be required in the following instances:
(a)
Before using or allowing the use of any structure, building,
or land or part thereof, hereinafter created, erected, changed, converted
or enlarged, wholly or partly.
(b)
Before changing the use of any building property or part thereof,
or allowing a change of use of any building or property, or part thereof.
(2)
Details. A zoning permit shall show that every building or premises
or part thereof, and the proposed use thereof, are in conformity with
the provisions of this chapter, or in conformity with the provisions
of a variance granted according to law.
(3)
Issuance; required prior to work. All zoning permits shall be issued
in triplicate. One copy shall be posted conspicuously on the premises
affected whenever construction work is being performed thereon. No
owner, contractor, workman or other persons shall perform any building
operations of any kind unless the zoning permit covering such operation
has been previously issued. Furthermore, no building operations of
any kind shall be performed after notification of the revocation of
the zoning permit. Every zoning permit for a residence or residential
dwelling unit shall set forth the maximum occupancy of such residence
or dwelling unit, as determined by the Town of Newton housing code.
(4)
Records. A record shall be kept of all zoning permits issued. The
original application therefor shall be kept on file in the same manner
as applications for building permits.
(5)
Duration. A zoning permit, unless revoked, shall continue in effect
so long as there is no change of use of the premises.
(6)
Time for action on application.
[Amended 8-25-2014 by Ord. No. 2014-15]
(a)
The Zoning Officer shall act upon all such applications within
10 days after receipt of a fully filed application, or shall notify
the applicant, in writing, of the refusal to issue such permit and
the reasons therefor.
(b)
Failure to notify the applicant in case of refusal to issue
a permit within 10 days shall entitle the applicant for a zoning permit
to file an appeal to the Planning Board, as in the case of denial.
(7)
Waiver of plans. The Zoning Officer may waive plans on minor alterations
not affecting structural change.
(9)
Misleading application; violation of permit. If it shall appear at
any time to the Zoning Officer that the application or accompanying
plans is in any material respect false or misleading, or that the
work being done upon the premises is materially different from that
called for in the application previously filed with him, or may be
in violation of any provision of this chapter, or that the conditions
imposed by the Planning Board are not being met within the time or
in the manner required by the approving authority, he may forthwith
revoke the zoning permit.
(10)
Permit required prior to use. No owner, tenant or other person
shall use or occupy any building or structure thereafter erected or
altered, the use of which shall be changed after passage of this chapter,
without first obtaining a zoning permit.
(11)
Permit for nonconforming use created by change in ordinance.
Within one year from the effective date of any subsequent amendment
to the Zoning Ordinance of the Town of Newton, the effect of which
is to make certain uses nonconforming, the owner of the property upon
which any such nonconforming use exists may apply for and obtain at
no charge a zoning permit certifying the extent of the nonconforming
use and specifying the nonconformity in detail. After the expiration
of any such one-year period, a zoning permit may be issued for a nonconforming
use only by the Planning Board, after a hearing held on notice to
all persons entitled thereto.
E.
Certificate of occupancy. It shall be unlawful for an owner to use
or permit the use of any building or part thereof, hereafter erected,
altered, converted or enlarged, wholly or in part, until a certificate
of occupancy shall have been issued by the Construction Official.
A fee as set forth in the Town's Fee Ordinance[2] shall be charged for each certificate of occupancy or
duplicate certificate, except as otherwise herein provided.
F.
Temporary use permits. The Zoning Officer may issue a temporary use
permit for temporary uses of a property as defined by this chapter.
Such application for a temporary use must be for a permitted use in
the zone in which the property is located and the applicant must have
the written permission of the property owner to locate the temporary
use on the property. If a temporary use is proposed to be conducted
on public property, the Town of Newton or associated governmental
entity must approve the use in writing. Temporary uses proposed on
sidewalks or in parking lots must meet all applicable fire, safety
and ADA standards, rules and regulations.
(1)
Duration. Such permits may be issued for a period not to exceed six
months and on further application to the Zoning Officer, may be extended
for good cause shown for an additional period not to exceed one year.
Thereafter, such temporary use permit shall expire and the use so
permitted shall be abated. Any temporary structures erected in connection
therewith shall be removed.
(2)
Temporary certificate of occupancy for sales office. Where a building
permit has been issued, a temporary certificate of occupancy for a
dwelling house may be granted to a developer to permit such dwelling
house to be used temporarily as a sales and management office for
the sale of those homes within a subdivision, provided all of the
following requirements are met:
(a)
The house to be used as such office is built upon a lot which
is on part of a subdivision that has been approved by the Planning
Board.
(b)
The house is of substantially the same quality of construction
as those homes to be sold within the subdivision.
(c)
No other business than that which is accessory to the management
and the sale of lands owned by the developer shall be permitted.
(d)
The dwelling house shall meet all other requirements of the
zone district in which it is located.
(3)
For temporary nonconforming use incidental to construction. Where
a building permit has been issued, the Planning Board may grant a
temporary use permit for a nonconforming use incidental to construction
projects on the same premises, such as the storage of building supplies
and machinery and/or the assembly of building materials. For example,
but not by way of limitation, such temporary use permit may be issued
to permit the parking of a "construction trailer" on such a site.
(4)
For uses interrupted by casualty. The Planning Board may grant a
temporary use permit for the erection and maintenance of temporary
structures or buildings for the conduct of permitted uses where such
permitted uses have been interrupted by reason of fire or other casualty.
Such temporary use permit shall expire at the time the necessary repair
or reconstruction of the permanent structures or buildings has been
accomplished or within one year, whichever occurs first.
(5)
Pending construction of permanent facilities. The Planning Board
may grant temporary use permits for the location of temporary structures
in connection with permitted uses on the site of such permitted use;
which use is either existing or about to be established, upon the
construction of a permanent structure. Such temporary structure shall
provide facilities during construction of permanent facilities which
are an addition to the permitted use or which will result in permanent
facilities to house the permitted use. For example, but not by way
of limitation, such temporary use permits may be issued to permit
the parking of a trailer housing banking facilities, temporary office
space, temporary classroom space and/or temporary warehouse space
on such a site.
G.
Temporary certificate of occupancy and zoning permits. The Zoning
Officer may issue a temporary zoning permit, and the Construction
Official may issue a temporary certificate of occupancy, for a use
of land or a building which is related to the development of a permitted
use of the property. In evaluating any application for such temporary
permits, the building or structure in question must meet the minimum
requirements as set forth in the New Jersey Uniform Construction Code
Act[3] for the issuance of temporary certificates of occupancy,
and a bond shall be posted which is sufficient in the judgment of
the Zoning Officer or Construction Official as appropriate, which
will guarantee the completion of the project. Such temporary permits
shall be issued for a period not to exceed six months and may be extended
for an additional period not to exceed six months.
[3]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
H.
Sign permit. A sign permit shall be required prior to the erection
or alteration of any sign.
I.
Records and reports.
(1)
Records. It shall be the duty of the Zoning Officer to keep a record
of all applications for zoning permits and of all permits issued,
together with a notation of all special conditions involved. He shall
file and safely keep copies of all plans submitted which shall form
a part of the record of his office, which shall be available for the
use of the Town Council and other officials of the Town.
(2)
Reports. The Zoning Officer shall prepare a monthly report for the
Town Council summarizing for the period since his last report all
zoning permits issued, complaints of violations received, and action
taken by him with respect thereto. Such report shall be in a form
and shall contain such information as the Town Council may direct.
Copies of such reports shall be made available to the Construction
Official and the Tax Assessor.
J.
Violations and penalties. For each and every violation of the provisions
of this chapter, the owner, contractor or other person interested
as general agent, architect, building contractor, tenant or any other
person who commits, takes part in, or assists in any violation of
this chapter, or who maintains any building or premises in which any
violation of this chapter shall exist, and who shall have refused
to abate such violation within five days after written notice shall
have been served upon him, either by certified mail or personal service,
shall be subject to a fine of not more than $1,250 or imprisonment
in the county jail for a period not exceeding 90 days, or both, at
the discretion of the county or judicial officer before whom a conviction
may be had. Each and every day that such violation continues after
such notices shall be considered a separate and specific violation
of this chapter.
K.
Interpretation. In the interpretation and application of the provisions
of this chapter, such provisions shall be held to be minimum requirements,
adopted for promoting health, safety, and general welfare of the Town
of Newton. This chapter shall be read in para materia with the land
use procedures chapter[4] and, where appropriate, with the land subdivision and
site plan chapters.[5]
L.
Pending applications. All applications for development accepted as
properly filed prior to the effective date of this chapter may be
continued, but any appeals arising out of decisions made on any such
application shall be governed by the provisions of the Land Use Procedures
Ordinance of the Town of Newton.[6]
A.
Title. This section shall be referred to as the "Wind and Solar Energy
Systems Ordinance."
B.
Purpose. The purpose of this section is to establish guidelines for
siting small and medium wind energy systems and solar energy systems.
The goals are as follows:
(1)
To promote the safe, effective, and efficient use of wind energy
systems and solar energy systems in order to reduce the consumption
of fossil fuels in producing electricity.
(2)
To preserve and protect public health, safety, welfare, and quality
of life by minimizing the potential adverse impacts of wind energy
systems and solar energy systems.
(3)
To establish standards and procedures by which the siting, design,
engineering, installation, operation, and maintenance of wind energy
systems and solar energy systems shall be governed.
C.
AMBIENT SOUND LEVEL
ANEMOMETER
DECIBEL
DECOMMISSIONING
MEDIUM WIND ENERGY TURBINE (MWET)
NACELLE
NET METERING
OCCUPIED BUILDING
OPERATOR
OWNER
PREVAILING WIND
ROTOR DIAMETER
SHADOW FLICKER
SMALL STRUCTURE-MOUNTED WIND ENERGY TURBINE (SSMWET)
SMALL TOWER-MOUNTED WIND ENERGY TURBINE (STMWET)
SOLAR ENERGY SYSTEM
SOLAR PANEL
SOLAR PANEL ARRAY
STRUCTURE
TOTAL HEIGHT
TOWER
UPWIND TURBINE
WIND ENERGY TURBINE/WIND ENERGY SYSTEM (WET)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The amount of background noise at a given location prior
to the installation of a wind energy system or solar energy system,
which may include, but not be limited to, traffic, machinery, lawn
mowers, human activity, and the interaction of wind with the landscape.
The ambient sound level is measured on the dB(A)-weighted scale, as
defined by the American National Standards Institute.
A temporary wind-speed indicator constructed for the purpose
of analyzing the potential for utilizing a wind energy turbine at
a given site. This includes the tower, base plate, anchors, cables
and hardware, wind-direction vanes, booms to hold equipment, data
logger, instrument wiring, and any telemetry devices that are used
to monitor or transmit wind speed and wind flow characteristics over
a period of time for either instantaneous wind information or to characterize
the wind resource at a given location.
Defined as unit of measure used to express the magnitude
of sound pressure and sound intensity. Decibels shall be measured
on the dB(A)-weighted scale, as defined by the American National Standards
Institute.
The process of terminating operation and completely removing
WET(s) and all related buildings, structures, foundations, access
roads, and equipment.
A tower-mounted wind energy system that converts wind energy
into electricity through the use of equipment, which includes any
base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries, or other components used in the system.
The MWET has a nameplate capacity that does not exceed 250 kilowatts.
The total height does not exceed 150 feet.
Refers to the encasement which houses all of the generating
components, gear box, drive tram, and other equipment.
A special metering and billing agreement between utility
companies and their customers which facilitates the connection of
renewable energy-generating systems to the power grid.
A residence, school, hospital, church, public library, business,
or any other building used for public gatherings.
The entity responsible for the day-to-day operation and maintenance
of a wind energy system or solar energy system.
The individual or entity, including their respective successors
and assigns that have equity interest or own the wind energy system
or solar energy system in accordance with this section.
A wind which predominantly blows from one direction.
The cross-sectional dimension of the circle swept by the
rotating blades of a WET.
The moving shadow, created by the sun shining through the
rotating blades of a wind energy turbine (WET). The amount of shadow
flicker created by a WET is calculated by a computer model that takes
into consideration turbine location, elevation, tree cover, location
of all structures, wind activity, and sunlight.
Converts wind energy into electricity through the use of
equipment, which includes any base, blade, foundation, generator,
nacelle, rotor, tower, transformer, vane, wire, inverter, batteries,
or other components used in the system. A SSMWET is attached to a
structure's roof, walls, or other elevated surface. The SSMWET has
a nameplate capacity that does not exceed 10 kilowatts. The total
height does not exceed 15 feet as measured from the highest point
of the roof, excluding chimneys, antennas, and other similar protuberances.
A tower-mounted wind energy system that converts wind energy
into electricity through the use of equipment, which includes any
base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries, or other components used in the system.
The STMWET has a nameplate capacity that does not exceed 30 kilowatts.
The total height does not exceed 120 feet.
An energy system which converts solar energy to usable thermal,
mechanical, chemical or electrical energy through the use of a solar
panel or solar panel array and associated equipment.
A photovoltaic panel, or hot air or water panel collector
device, which relies upon solar radiation as an energy source for
the generation of electricity or transfer of stored heat.
A collection of multiple solar panels mounted or arranged
together, providing energy to the same primary user, as part of a
solar energy system.
Any building or other structure, such as a municipal water
tower, that is a minimum of 12 feet high at its highest point of roof
and is secured to frost-footing or a concrete slab.
The vertical distance measured from the ground level at the
base of the tower or the ground-mounted solar panel array to the uppermost
vertical extension of any blade, or the maximum height reached by
any part of the wind energy turbine (WET) or the uppermost extent
of any individual solar panel.
A freestanding monopole that supports a wind energy turbine
(WET).
A wind energy turbine (WET) positioned in a manner so that
the prevailing wind hits the turbine blades before it hits the tower
in order to avoid the thumping noise which can occur if the wind is
disrupted by hitting the tower before the blades.
Any structure-mounted, small or medium wind energy conversion
system that converts wind energy into electricity through the use
of a wind generator and includes the nacelle, rotor, tower, and pad
transformer, if any.
D.
Temporary uses. The following is permitted in all zoning districts
as a temporary use, in compliance with the provisions contained herein,
and the applicable wind energy system regulations:
(1)
Anemometers.
(a)
The construction, installation, or modification of an anemometer
tower shall require a building permit and shall conform to all applicable
local, state, and federal applicable safety, construction, environmental,
electrical, communications, and FAA requirements.
(b)
An anemometer shall be subject to the minimum requirements for
height, setback, separation, location, safety requirements, and decommissioning
that correspond to the size of the wind energy turbine that is proposed
to be constructed on the site.
(c)
An anemometer shall be permitted for no more than 13 months.
E.
Permitted uses; exemptions.
(1)
A small tower-mounted wind energy turbine (STMWET) over 40 feet in
height shall be considered a permitted use in all zoning districts
on lots of one acre and greater in size, subject to site plan approval
by the Planning Board. STMWET shall not be erected, constructed, installed,
or modified as provided in this section unless all required local,
state and federal approvals and permits have been issued to the owner(s)
or operator(s). For parcels located within the Town's Historic District,
review by the Historic Commission is required.
(2)
Small structure-mounted wind energy turbines (SSMWET) and STMWETs
up to 40 feet in height shall be a permitted use in all zoning districts,
provided the required setbacks can be met. STMWETs up to 40 feet in
height must also obtain site plan approval from the Planning Board.
SSMWETs shall not be erected, constructed, installed, or modified
as provided in this section unless a building permit has been obtained
from the Town of Newton and all required state and federal approvals
and permits have been issued to the owner(s) or operator(s). For parcels
located within the Town's Historic District, review by the Historic
Commission is required.
(3)
Solar energy systems. Solar panels shall be permitted as a rooftop
installation in any zoning district, provided that they meet the site
design standards set forth below and a building permit is obtained
from the Town of Newton. Ground arrays shall be permitted on lots
of one acre or greater in any zoning district, subject to site plan
approval by the Planning Board. A solar energy system shall not be
erected unless all local, state and federal permits and approvals
have been issued to the owner(s) or operator(s). For parcels located
within the Town's Historic District, review by the Historic Commission
is required.
(4)
Exemptions. Solar energy systems under 20 square feet in size shall
be exempt from the requirements of this section.
F.
Conditional uses. A medium wind energy turbine (MWET) shall be a
conditional use in all nonresidential districts, subject to the following
conditions:
(1)
Minimum lot size: five acres.
(2)
Maximum height: 150 feet.
(3)
Quantity. No more than one MWET shall be installed for every 2.5
acres of land included in the parcel.
(4)
Setback and separation.
(a)
Occupied building setback. The setback from all occupied buildings
on the applicant's parcel shall be a minimum of 20 feet, measured
from the base of the tower.
(b)
Property line setbacks. With the exception of the locations
of public roads (see below), drain rights-of-way and parcels with
occupied buildings (see above), the internal property line setbacks
shall be equal to the total height of the MWET as measured from the
base of the tower. This setback may be reduced to a distance agreed
upon as part of the special use permit if the applicant provides a
registered engineer's certification that the WET is designed to collapse,
fall, curl, or bend within a distance or zone shorter than the height
of the WET.
(c)
Public road setbacks. Each MWET shall be set back from the nearest
public road a distance equal to the total height of the MWET, determined
at the nearest boundary of the underlying right-of-way for such public
road.
(5)
Tower separation. MWET/tower separation shall be based on industry
standards and manufacturer recommendation.
(6)
Each MWET, including accessory buildings and other related structures,
shall be mounted on a tubular tower of a nonreflective, nonobtrusive
color (e.g., white, gray, black). The appearance of turbines, towers
and buildings shall be maintained throughout the life of the MWET.
(7)
Shadow flicker. The MWET owner(s) and/or operator(s) shall conduct
an analysis on potential shadow flicker at any occupied building with
a direct line of sight to the MWET. The analysis shall identify the
locations of shadow flicker that may be caused by the project and
the expected durations of the flicker at these locations from sunrise
to sunset over the course of a year. The analysis shall identify situations
where shadow flicker may affect the occupants of the buildings for
more than 30 hours per year and describe measures that shall be taken
to eliminate or mitigate the problems. Shadow flicker on a building
shall not exceed 30 hours per year.
G.
Site design requirements.
(1)
All wind energy systems are subject to the following minimum standards:
(a)
Small structure-mounted wind energy turbines (SSMWET) shall
meet the following specific standards:
[1]
Minimum setbacks. The setback of the SSMWET shall be a minimum
of 15 feet from the property line, public right-of-way, public easement,
or overhead utility lines if mounted directly on a roof or other elevated
surface of a structure. If the SSMWET is affixed by any extension
to the side, roof, or other elevated surface, then the setback from
the property line or public right-of-way shall be a minimum of 15
feet. The setback shall be measured from the furthest outward extension
of all moving parts.
[2]
Height. The height of a SSMWET shall not exceed 15 feet, as
measured from the highest point of the roof, excluding chimneys, antennas,
and other similar protuberances.
[3]
Location. The SSMWET shall not be affixed to the wall on the
side of a structure facing a road. The SSMWET shall not be affixed
to temporary structures or structures without permanent foundations.
[4]
Quantity. Not more than one SSMWET shall be installed on any
one structure on a particular property.
[5]
Separation. If more than one SSMWET is installed, a distance
equal to the height of the highest SSMWET must be maintained between
the base of each SSMWET, and they must be affixed to separate permanent
structures.
(b)
Small tower-mounted wind energy turbines (STMWET) shall meet
the following specific standards:
[1]
Minimum lot size: one acre.
[2]
Minimum setbacks for STMWET. For lots between one acre and three
acres, wind turbines shall be set back from all property lines a distance
equal to 100% of the height of the structure, including the blades.
For lots larger than three acres, wind turbines shall be set back
from all property lines a distance equal to 100% (remove 200% to be
consistent) of the height of the structure, including the blades.
No portion of the wind generator shall extend beyond any overhead
utility lines, unless written permission is granted by the utility
that owns and/or controls the lines.
[3]
Height. The total height of a STMWET shall not exceed 120 feet.
[4]
Location. The STMWET shall only be located in a rear yard of
a property that has an occupied building.
[5]
Occupied building setback. The setback from all occupied buildings
on the applicant's parcel shall be a minimum of 20 feet, measured
from the base of the tower.
[6]
Other setbacks. The setback shall be equal to the total height
of the STMWET, as measured from the base of the tower, from the property
line, public right-of-way, public easement, or overhead public utility
lines. This setback may be reduced if the applicant provides a registered
engineer's certification that the WET is designed to collapse, fall,
curl, or bend within a distance or zone shorter than the height of
the wind turbine.
[7]
Quantity. No more than one STMWET shall be installed on any
parcel of property.
(c)
Upwind turbines shall be required.
(d)
Wind turbines shall not be permitted in any front yard.
(e)
Visual appearance.
[1]
A wind energy system, including accessory buildings and related
structures, shall be a nonreflective, nonobtrusive color (e.g., white,
gray, black). The appearance of the turbine, tower, and any ancillary
facility shall be maintained throughout the life of the wind energy
system.
[2]
A wind energy system shall not be artificially lighted, except
to the extent required by the FAA or other applicable authority, or
as otherwise necessary for the reasonable safety and security thereof.
[3]
Wind energy systems shall not be used for displaying any advertising
(including flags, streamers, or decorative items), except for identification
of the turbine manufacturer.
[4]
All ground equipment shall be screened from view to the maximum
extent practical with landscaping and/or decorative fencing.
(f)
Ground clearance. The lowest extension of any blade or other
exposed moving component of a wind energy system shall be at least
15 feet above the ground (at the highest point of the natural grade
within 30 feet of the base of the tower for a SSMWET and STMWET, 50
feet for a MWET) and, in addition, at least 15 feet above any outdoor
surfaces intended for human use, such as balconies or roof gardens,
that are located directly below the wind energy system.
(g)
Noise. Noise emanating from the operation of a wind energy system
shall not exceed, at any time, the lowest ambient sound level that
is present up to 5 dB(A) between the hours of 9:00 p.m. and 9:00 a.m.
at any property line of a residential or agricultural use parcel or
from the property line of parks, schools, hospitals, and churches.
Noise emanating from the operation of a wind energy system shall not
exceed, at any time, the lowest ambient noise level, plus 5 dB(A),
that is present between the hours of 9:00 p.m. and 9:00 a.m. at any
property line of a nonresidential or nonagricultural use parcel.
(h)
Vibration. Vibrations shall not be produced which are humanly
perceptible beyond the property on which a wind energy system is located.
(i)
Guy wires. Guy wires shall not be permitted as part of a wind
energy system over 35 feet in height.
(j)
Electrical system. All electrical controls, control wiring,
grounding wires, power lines, and system components shall be placed
underground within the boundary of each parcel at a depth designed
to accommodate the existing land use to the maximum extent practicable.
Wires necessary to connect the wind generator to the tower wiring
are exempt from this requirement. The electrical system shall meet
National Electric Code standards.
(2)
Solar panels installed as a rooftop installation shall meet the following
standards: The solar panels shall not exceed a height of eight inches
from the rooftop. In no event shall the placement of the solar panels
result in a total height, including building and panels, greater than
what is permitted in the zoning district in which they are located
for the principal building.
(3)
Solar panels shall be permitted as ground arrays in accordance with
the following:
(a)
All ground arrays shall be set back a distance of 20 feet from
all property lines in a residential zoning district or in conformance
with the bulk standards for accessory structures in commercial districts
as provided in this chapter.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
(e)
Ground arrays shall be screened from view with landscaping buffers
and/or decorative fencing.
(4)
Permit application requirements:
(a)
Name of property owner(s), address, and parcel number.
(b)
A site plan shall include maps (drawn to scale) showing the
proposed location of all components and ancillary equipment of the
solar or wind energy system, property lines, physical dimensions of
the property, existing building(s), setback lines, right-of-way lines,
public easements, overhead utility lines, sidewalks, nonmotorized
pathways, roads and contours.
(c)
The proposed type and height of the solar energy system, SSMWET
or STMWET to be constructed, including the manufacturer and model,
product specifications, including maximum noise output (measured in
decibels), total rated generating capacity, dimensions, rotor diameter
(if applicable), and a description of ancillary facilities.
(d)
Documented compliance with the noise requirements set forth
in this section.
(e)
Documented compliance with applicable local, state and national
regulations, including, but not limited to, all applicable safety,
construction, environmental, electrical, communications, and FAA requirements.
(f)
Proof of applicant's liability insurance.
(g)
Evidence that the utility company has been informed of the customer's
intent to install an interconnected, customer-owned generator, and
that such connection has been approved. Off-grid systems shall be
exempt from this requirement.
(h)
Other relevant information as may be reasonably requested.
(i)
Signature of the applicant.
(j)
In addition to the permit application requirements previously
listed, a SSMWET application shall also include the total proposed
number of SSMWETs.
(k)
In addition to the permit application requirements previously
listed, a STMWET and MWET application shall also include a description
of the methods that will be used to perform maintenance on the STMWET/MWET
and the procedures for lowering or removing the STMWET/MWET in order
to conduct maintenance.
(5)
Site plan requirements.
(a)
Site plan drawing. All applications for a ground array solar
energy system, SMWET or MWET conditional use permit shall be accompanied
by a detailed site plan map that is drawn to scale and dimensioned,
displaying the following information:
[1]
Existing property features, to include the following: property
lines, physical dimensions of the property, land use, zoning district,
contours, setback lines, rights-of-way, public and utility easements,
public roads, access roads (including width), sidewalks, nonmotorized
pathways, large trees, and all buildings. The site plan must also
include the adjoining properties, as well as the location and use
of all structures and utilities within 300 feet of the property.
[2]
Location and height of all proposed solar panels, SWETs or MWETs,
buildings, structures, ancillary equipment, underground utilities
and their depth, towers, security fencing, access roads (including
width, composition, and maintenance plans), electrical substations,
and other aboveground structures and utilities associated with the
proposed energy system.
[3]
Additional details and information as required by the special
use requirements of this chapter or as requested by the Planning Board.
(b)
Site plan documentation. The following documentation shall be
included with the site plan:
[1]
The contact information for the owner(s) and operator(s) of
the energy system, as well as contact information for all property
owners on which the energy system is located.
[2]
A copy of the lease, or recorded document, with the landowner(s)
if the applicant does not own the land for the proposed energy system.
A statement from the landowner(s) of the leased site that he/she will
abide by all applicable terms and conditions of the use permit, if
approved.
[3]
Identification and location of the properties on which the proposed
energy system will be located.
[4]
The proposed number, representative types and height of each
solar array, SWET or MWET to be constructed, including their manufacturer
and model, product specifications, including maximum noise output
(measured in decibels), total rated capacity, rotor diameter (if applicable),
and a description of ancillary facilities.
[5]
Documents shall be submitted by the developer/manufacturer confirming
specifications for SMWET or MWET tower separation.
[6]
Documented compliance with the noise and shadow flicker requirements
set forth in this section.
[7]
Engineering data concerning construction of the solar panels,
SWET or MWET, and its base or foundation, which may include, but not
be limited to, soil boring data.
[8]
A New Jersey licensed professional engineer shall certify that
the solar panels, SWET or MWET meets or exceeds the manufacturer's
construction and installation standards.
[9]
Anticipated construction schedule.
[10]
A copy of the maintenance and operation plan,
including anticipated regular and unscheduled maintenance. Additionally,
a description of the procedures that will be used for lowering or
removing the solar panels, SWET or MWET to conduct maintenance, if
applicable.
[11]
Documented compliance with applicable local, state
and national regulations, including, but not limited to, all applicable
safety, construction, environmental, electrical, and communications
regulations. The SWET or MWET shall comply with Federal Aviation Administration
(FAA) requirements.
[12]
Proof of applicant's liability insurance.
[13]
Evidence that the utility company has been informed
of the customer's intent to install an interconnected, customer-owned
generator, and that such connection has been approved. Off-grid systems
shall be exempt from this requirement.
[14]
Other relevant information as may be requested
by the Planning Board to ensure compliance with the requirements of
this section.
[15]
Following the completion of construction, the
applicant shall certify that all construction is completed pursuant
to the conditional use permit.
[16]
A written description of the anticipated life
of each solar panel, SWET or MWET; the estimated cost of decommissioning;
the method of ensuring that funds will be available for decommissioning
and site restoration; and removal and restoration procedures and schedules
that will be employed if the energy system becomes inoperative or
nonfunctional.
[17]
The applicant shall submit a decommissioning plan
that will be carried out at the end of the solar panel's, SWET's or
MWET's useful life and shall describe any agreement with the landowner(s)
regarding equipment removal upon termination of the lease.
[18]
The Town of Newton reserves the right to review
all maintenance plans and bonds under this section to ensure that
all conditions of the permit are being followed.
[19]
Signature of the applicant.
(6)
Safety requirements.
(a)
If the solar energy system or wind energy system is connected
to a public utility system for net-metering purposes, it shall meet
the requirements for interconnection and operation as set forth in
the public utility's then-current service regulations meeting federal,
state, and industry standards applicable to wind power generation
facilities, and the connection shall be inspected by the appropriate
public utility.
(b)
The wind energy system shall be equipped with an automatic braking,
governing or feathering system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the tower structure, rotor blades and other
wind energy components, unless the manufacturer certifies that a braking
system is not necessary.
(c)
A clearly visible warning sign regarding voltage shall be placed
at the base of the wind turbine or solar panel ground array.
(d)
The structural integrity of the wind energy system shall conform
to the design standards of the International Electrical Commission,
specifically IEC 61400-1, "Wind Turbine Safety and Design," and/or
IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22, "Wind Turbine
Certification," and IEC 61400-23, "Blade Structural Testing," or any
similar successor standards.
(e)
MWETs shall also meet the following additional safety requirements:
[1]
Security measures need to be in place to prevent unauthorized
trespass and access. Each MWET shall not be climbable up to 15 feet
above ground surfaces. All access doors to MWETs and electrical equipment
shall be locked and/or fenced, as appropriate, to prevent entry by
nonauthorized person(s).
[2]
All spent lubricants, cooling fluids, and any other hazardous
materials shall be properly and safely removed in a timely manner.
[3]
Each MWET shall have one sign, not to exceed two square feet
in area, posted at the base of the tower and on the security fence,
if applicable. The sign shall contain at least the following:
[a]
Warning of high voltage.
[b]
Manufacturer's and owner's/operator's name.
[c]
Emergency contact numbers (list more than one number).
[d]
The structural integrity of the MWET shall conform
to the design standards of the International Electrical Commission,
specifically IEC 61400-1, "Wind Turbine Safety and Design," IEC 61400-22,
"Wind Turbine Certification," and IEC 61400-23, "Blade Structural
Testing," or any similar successor standards.
(7)
Signal interference. The wind energy system shall not interfere with
communications systems, such as, but not limited to, radio, telephone,
television, satellite, or emergency communications systems.
(8)
Decommissioning.
(a)
The solar energy system or wind energy system owner(s) or operator(s)
shall complete decommissioning within 12 months after the end of the
useful life of the system. Upon request of the owner(s) or assigns
of the solar energy system or wind energy system, and for a good cause,
the Town of Newton Planning Board may grant a reasonable extension
of time. The solar energy system or wind energy system will presume
to be at the end of its useful life if no electricity is generated
for a continuous period of 12 months. All decommissioning expenses
are the responsibility of the owner(s) or operator(s).
(b)
If the solar energy system or wind energy system owner(s) or
operator(s) fails to complete decommissioning within the period prescribed
above, the Town of Newton Council may designate a contractor to complete
decommissioning, with the expense thereof to be charged to the violator
and/or to become a lien against the premises. If the solar energy
system or wind energy system is not owned by the property owner(s),
a bond must be provided to the Town of Newton for the cost of decommissioning
each solar energy system or wind energy system.
(c)
In addition to the decommissioning requirements listed previously,
the STMWET shall also be subject to the following:
[1]
Decommissioning shall include the removal of each STMWET, buildings,
electrical components, and any other associated facilities. Any foundation
shall be removed to a minimum depth of 60 inches below grade, or to
the level of the bedrock if less than 60 inches below grade.
[2]
The site and any disturbed earth shall be stabilized, graded,
and cleared of any debris by the owner(s) of the facility or its assigns.
If the site is not to be used for agricultural practices following
removal, the site shall be seeded to prevent soil erosion, unless
the property owner(s) requests in writing that the land surface areas
shall not be restored.
(d)
In addition to the decommissioning requirements listed previously,
the MWET shall also be subject to the following:
[1]
Decommissioning shall include the removal of each MWET, buildings,
electrical components, and roads to a depth of 60 inches, as well
as any other associated facilities. Any foundation shall be removed
to a minimum depth of 60 inches below grade, or to the level of the
bedrock if less than 60 inches below grade. Following removal, the
location of any remaining wind turbine foundation shall be identified
on a map as such and recorded with the deed to the property with the
County Register of Deeds.
[2]
All access roads to the MWET shall be removed, cleared, and
graded by the MWET owner(s), unless the property owner(s) requests,
in writing, a desire to maintain the access road. The Town will not
be assumed to take ownership of any access road unless through official
action of the Town Council.
[3]
The site and any disturbed earth shall be stabilized, graded,
and cleared of any debris by the owner(s) of the MWET or its assigns.
If the site is not to be used for agricultural practices following
removal, the site shall be seeded to prevent soil erosion, unless
the property owner(s) requests in writing that the land surface areas
not be restored.
[4]
If the MWET owner(s) or operator(s) fails to complete decommissioning
within the period prescribed above, the Town may designate a contractor
to complete decommissioning, with the expense thereof to be charged
to the violator and/or to become a lien against the premises. If the
MWET is not owned by the property owner(s), a bond must be provided
to the Town for the cost of decommissioning each MWET.
(9)
Public inquiries and complaints. Should an aggrieved property owner
allege that a solar energy system or wind energy system is not in
compliance with the requirements of this section, the procedure shall
be as follows:
(a)
Noise complaints.
[1]
Notify the Town's Zoning Officer in writing regarding concerns
about noise level.
[2]
If the complaint is deemed sufficient by the Town's Zoning Officer
to warrant an investigation, the Town's Zoning Officer will request
the aggrieved property owner deposit funds in an amount sufficient
to pay for a noise-level test conducted by a certified acoustic technician
to determine compliance with the requirements of this section.
[3]
If the test indicates that the noise level is within this section's
noise requirements, the Town will use the deposit to pay for the test.
[4]
If the solar energy system or wind energy system owner(s) is
in violation of this sections's noise requirements, the owner(s) shall
reimburse the Town for the cost of the noise-level test and take immediate
action to bring the solar energy system or wind energy system into
compliance, which may include ceasing operation of the system until
section violations are corrected. The Town will refund the deposit
to the aggrieved property owner.
(b)
Shadow flicker complaints for MWETs.
[1]
Notify the Town Zoning Officer in writing regarding concerns
about the amount of shadow flicker.
[2]
If the compliant is deemed sufficient by the Town Zoning Officer
to warrant an investigation, the Town Zoning Officer will request
the owner(s) to provide a shadow flicker analysis of the turbine as
constructed to determine compliance with the requirements of this
section.
[3]
If the MWET owner(s) is in violation of this section's shadow
flicker requirements, the owner(s) shall take immediate action to
bring the MWET into compliance, which may include ceasing operation
of the WET until the section violations are corrected.
(10)
Certification and compliance.
(a)
The Town must be notified of a change in ownership of a MWET
or a change in ownership of the property on which the MWET is located.
(b)
The Town reserves the right to inspect any MWET in order to
ensure compliance with this section. Any cost associated with the
inspections shall be paid by the owner/operator of the wind energy
system.
(c)
Proof of compliance with the noise standards is required within
90 days of the date the MWET becomes operational. Sound shall be measured
by a third-party, qualified professional.
[Amended 2-26-2018 by Ord. No. 2018-2]
The following land uses are prohibited in all districts of the
Newton Form-Based Code Area, as well as any uses determined by the
Board to be of similar nature to the prohibited uses listed below:
A.
Sexually oriented businesses.
B.
Pawn shops and check-cashing businesses.
C.
Drug paraphernalia shops or head shops.
D.
Drug rehabilitation clinics or substance abuse treatment facilities.
E.
Boardinghouses.
F.
Rooming houses.
G.
Junkyards.
H.
Self-storage facilities.
I.
Outdoor furnaces and accessory structures containing outdoor furnaces.
[Added 4-27-2015 by Ord.
No. 2015-11]
A.
Title. This section shall be referred to as the "Emergency Standby
Generator Ordinance."
B.
Purpose. The purpose of this section is to establish guidelines for
siting permanent emergency standby generators, to ensure their safe
operation and prevent a nuisance to neighboring properties.
C.
EMERGENCY
EMERGENCY STANDBY GENERATOR
PORTABLE GENERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Loss of power due to a power outage outside of the owner's
control.
A fuel-powered generator which is permanently connected to
the electrical system of a structure and primarily operates in the
event of a power outage in order to provide backup power. In the event
of a power outage emergency standby generators automatically turn
on, or are switched on by the owner and supply power. Once utility
power is restored, the generator automatically transfers the electrical
load back to the utilities, or is manually switched off and power
is turned back to the utilities. Emergency standby generators are
also operated occasionally for maintenance purposes.
Is not permanently connected to a building's electrical system,
uses a self-contained fuel source and is portable for storage. Portable
generators shall be outside when they are being utilized in the event
of a power outage emergency or occasionally for maintenance purposes,
and are not required to obtain approval pursuant to this section.
D.
Siting and placement requirements for all generators (commercial
and residential).
[Amended 3-25-2019 by Ord. No. 2019-1]
E.
Permits.
[Amended 3-25-2019 by Ord. No. 2019-1]
(1)
Commercial or residential applicants for an emergency standby generator
must submit an application for a zoning permit from the Zoning Officer.
The application must include a site drawing showing the proposed location
of the standby generator and associated setbacks to all adjacent property
lines. Noise in decibels based on distance from the unit must also
be provided.
(2)
Commercial or residential applicants for an emergency standby generator
with a maximum energy output of more than 25 kW shall submit an application
for a minor site plan with the Planning Board, unless the generator
is proposed in conjunction with a major site plan application.
(3)
Zoning permits for generators are revocable if the owner does not
continue to meet emergency standby generator use requirements.
H.
Noise attenuation.
(1)
Generator operating sound output may not exceed the New Jersey Noise
Control Act (N.J.S.A. 13:1G-1) as measured from the closest property
line.
(2)
Sound attenuation enclosures, screening and landscaping may be used
to minimize noise on adjacent properties and bring noise output into
compliance with the standards of the New Jersey Noise Control Act
(N.J.S.A. 13:1G-1).
I.
Fuel storage.
(1)
If a generator is utilizing diesel fuel, the fuel storage tank shall
be double-walled.
J.
Regulatory compliance.
(1)
Emergency standby generators shall be installed and operated in accordance
with manufacturer's requirements as well as all federal, state and
local codes, whichever is most stringent.
K.
Application fee. Every application for the installation of a permanent
standby generator shall be accompanied by a fee of $100, which fee
shall be separate from and in addition to any other zoning and building
permit fees.
L.
Violations and penalties. Any person, firm, corporation or entity
which shall violate any provision of this section shall, upon conviction,
be subject to a fine not exceeding $500, and each day that such violation
continues shall be deemed a separate offense.