City of Camden, NJ Article XXVIII Exceptions and Supplemental Regulations

§ 870-186 Redevelopment areas.

Redevelopment district areas, as shown on the City "Redevelopment Areas" map, have been so designated by the City Council under N.J.S.A. 40:55C-1 et seq.,[1] and are subject to the specific redevelopment regulations as adopted by the City Council for the particular redevelopment area. These specific regulations take precedence over the underlying zone district regulations. The applicable regulations for each redevelopment area may be obtained from the Office of the City Clerk and from the Planning Board.

[1] Editor's Note: N.J.S.A. 40:55C-1 et seq. was repealed by Section 59 of P.L. 1992, c. 79.

§ 870-187 Nonconforming uses.

A. The following provisions shall apply to all buildings and uses lawfully existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter.

B. Any nonconforming use of structures or land and any nonconforming buildings may be continued indefinitely, but such buildings or uses:

(1) Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in this chapter herein, nor placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.

(2) Shall not be moved to another location where such use would be nonconforming.

(3) Shall not be re-established if such use has been voluntarily discontinued for any reason for a period of one year or more, or has been changed to, or replaced by, a conforming use.

(4) Shall not be restored for other than a conforming use after substantial destruction thereof.

C. Maintenance may be made to a nonconforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or increase the nonconformity in any manner.

§ 870-188 Additions and alterations to nonconforming building structures.

A. Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in, or the reconstruction of, a nonconforming structures; provided that such action does not increase or extend the degree of, or create any new, nonconformity with regard to the regulations pertaining to such buildings or the lot upon which they are constructed; except that, the floor area of a detached single-family house that occupies a lot that is smaller than the minimum lot area required in the district in which such house is located may be increased by not more than 10% of the floor area existing as of the date of adoption of this chapter provided that the resulting structure complies with all other requirements of this chapter.

B. Any existing structure on a nonconforming lot or an existing structure on a nonconforming lot which violates any yard requirements may have additions to the principal building and/or an accessory building may be constructed on such a lot without an appeal to the Zoning Board of Adjustment, provided that the total permitted building coverage is not exceeded and the accessory building and/or the addition to the principal building do not violate any other requirements of this chapter.

§ 870-189 Accessory buildings, structures, uses and height regulations.

A. Accessory buildings and structures shall be permitted only on the same lot and within the same zone as the principal building to which they are accessory, unless otherwise indicated in this chapter. All accessory uses shall be such as to not alter the character of the premises on which they are located or impair the neighborhood.

B. Accessory buildings and structures shall only contain those uses that are supplementary to the permitted use on the property.

C. Accessory buildings, structures, and uses shall not occupy a front yard, shall be set back a minimum five feet from any side yard and three feet from any rear yard, and shall not occupy more than 25% of the rear yard requirements or a maximum of 750 square feet, whichever is smaller.

D. On any corner lot no garage or other accessory building shall be constructed closer to the rear property line than 10 feet or nearer the side property line on the secondary street than the average setback line observed by primary structures fronting on such street, except that such distance need not exceed 40 feet.

E. No accessory structure constructed for the purposes of a home occupation shall be closer to any side or rear property line than 25 feet.

F. A garage attached to any side of the dwelling and constructed as part of such dwelling shall be considered as a part of the dwelling and not as an accessory building and shall meet all bulk requirements for front, side, and rear yards, other setbacks and height of structure.

G. Accessory buildings and structures shall not exceed 10 feet in height.

H. A construction permit shall be required for the construction of all accessory buildings and structures including any which are already assembled or constructed.

I. Every accessory building and structure shall be installed on a permanent poured concrete foundation of sufficient area and depth to satisfy the Uniform Construction Code requirements at every point where such accessory building or structure shall come into contact with the surface of the ground.

J. Nothing in this chapter shall prevent the erection above the building height limit of a parapet wall or cornice extending above such height limit not more than four feet. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses, domes not used for human occupancy, not to chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above the roof level, except where in the opinion of the Zoning Board of Adjustment such may be deemed to interfere with aerial navigation or constitute a fire hazard. Such features, however, shall not exceed a reasonable height to be determined upon reference of all such cases to the Zoning Officer/Administrative Officer.

K. A temporary sales center where information including a "sales map" concerning the overall development is conveyed to prospective purchasers, where options are discussed, where contracts are executed, and where the normal marketing of the development takes place. A temporary sales center shall be located on a lot within a residential development approved for construction, and the temporary sales center shall meet the yard setback requirements otherwise specified for detached dwellings. Provisions for parking, lighting, signage, landscaping and the duration of the temporary sales center shall be approved by the Planning Board. An approved temporary sales center may receive a temporary certificate of occupancy.

L. A model home or homes of the type to be sold. A model home may be freestanding or combined with the sales center, with the garage portion of the model home used as the sales center, provided that the garage must be converted to its automobile storage function prior to the conveyance of the combined model home/sales center to a purchaser, and provided further that any temporary accommodation, such as landscaping or walkways, must be modified to resemble the other single-family properties within the development. An approved model home may receive a temporary certificate of occupancy provided that all bathroom facilities within that portion of a model home not approved to be used as a sales center shall not be functional and shall be labeled: "Display Only, Do Not Use."

§ 870-190 Porches, decks, and patios.

A. The area of a porch, deck, or patio shall be included in computing the maximum impervious coverage.

B. Decks and porches shall be no higher than six feet above grade and shall be allowed only on the first floor.

C. A porch shall be finished with roofing and siding materials and colors that are compatible to the principal building.

D. A porch shall not be heated or air conditioned.

E. The maximum height of a porch shall be one story.

F. Porches shall be permitted only in front or rear yards, and decks and patios shall only be permitted within side and rear yards.

G. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum side yards more than 24 inches. Unroofed entrance porches or decks which do not rise above the height of the floor level of the ground floor may extend into any yard, provided the total area of all such porches which extend into such yards does not exceed 200 square feet.

§ 870-191 Public utility facilities.

A. Such uses shall be subject to site plan review and approval.

B. The use shall meet with the area and bulk requirements of the zone in which it is located.

C. The Planning Board may impose reasonable requirements on the use including, but not limited to, off-street parking, landscaping, screening and buffering, depending on the nature of the site and surrounding uses.

D. No storage of materials and trucks and no repair facilities or staging of repair crews shall be permitted, except within a completely enclosed building.

E. The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.

F. Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

G. Landscaping, including shrubs, trees, and lawns, shall be provided and properly maintained at all times.

H. Off-street parking shall be provided as determined by the Planning Board during site plan review.

§ 870-192 Landscaping in all zones.

Other provisions of this chapter notwithstanding, in any district, the entire lot, except for areas covered by buildings or surfaced as parking, recreation or service areas, shall be seeded, sodded or planted with ground cover and suitably landscaped to include trees, shrubs, edging materials, stones, rocks or gravel, in accordance with an overall landscape plan consistent with the natural surroundings and neighborhood. All landscaping shall be properly maintained throughout the life of any use on said lot.

§ 870-193 In-ground and aboveground swimming pools.

Swimming pools shall meet all of the requirements of an applicable ordinance of the City. Public swimming pools shall meet the appropriate design standards as set forth by the Uniform Construction Code of the State of New Jersey, and shall comply with approved bacteriological standards which may be promulgated by regulations issued by the City and/or County Board of Health, the State of New Jersey or other authority having jurisdiction. No swimming pool shall be located, constructed, or maintained on any lot or land area, except in conformity with the City's Swimming Pool Ordinance[1] and the following additional requirements:

A. A swimming pool shall be a permitted accessory use and no swimming shall be permitted unless it complies with the requirements of this chapter.

B. A swimming pool and its water surface shall be counted in computing maximum impervious coverage.

C. No loudspeakers or amplifying devices shall be permitted which can be heard beyond the lot lines of the lot on which said pool is located.

D. Swimming pools shall be located on the same lot as the principal use.

E. A swimming pool and its water surface shall be set back a minimum of five feet from any side and rear property line.

F. A swimming pool shall be a permitted accessory use and no swimming pool shall be permitted unless it complies with the requirements of this article.

G. Said use shall be appropriately screened and fenced to minimize adverse impact on adjoining properties.

H. No existing or hereafter constructed swimming pool shall be located on a lot unless there is a residence on such lot.

I. No swimming pool shall be hereafter constructed, installed, relocated or reconstructed unless the pool itself and any apron, accessory building, structure and equipment are all located at least 10 feet from all property lines and at least 30 feet from the property line of any street bordering the property in question.

J. Swimming pools are prohibited in front and side yards.

K. All swimming pool equipment shall be stored in an enclosed structure or otherwise obscured from view by landscaping and/or fencing.

L. Swimming pool lighting within and around the pool decking shall be such as not to have an adverse impact on any neighboring properties.

[1] Editor's Note: See Ch. 742, Swimming Pools.

§ 870-194 Basketball and tennis courts.

A. Such courts shall be counted in computing maximum impervious coverage.

B. No loudspeakers or amplifying devices shall be permitted which can be heard beyond the lot lines of the lot on which said court are located.

C. Such courts shall be constructed without lighting except in City parks and on school sites.

D. Courts may use a hurricane-type fence around the court area. The maximum height shall be six feet along the property line and an additional one foot in height for every additional one-foot setback from the property line, not to exceed 10 feet.

E. Court drainage shall be reviewed and approved by the City Engineer.

F. Courts are prohibited in front and side yards.

G. Any storage of equipment used in the maintenance and operation of said courts shall be kept within an enclosed structure on the lot where said courts are located.

H. The courts shall be appropriately screened with landscaping and fenced so as not to adversely affect adjoining properties.

§ 870-195 Private recreational vehicles.

A. Travel trailers, campers, motor homes, boat trailers, ATV and motorcycle trailers may be parked or stored only in a rear or side yard area at least 10 feet from the property line. The area shall be relatively unexposed to neighboring properties and appropriately screened with landscaping and/or fencing. The dimensions of such vehicles and trailers shall not be counted in determining maximum impervious coverage.

B. No private recreational vehicles may be stored on public streets for a period exceeding seven days.

C. No private recreational vehicle shall be used for human habitation at any time it is stored on a public street or on a lot.

§ 870-196 Breaking curbs for driveway construction.

A. No person, firm or corporation shall break, cut or otherwise damage or disturb any existing curb in the right-of-way of any public street except in accordance with this article.

B. Such an existing curb may be broken in order to permit the construction of a driveway for access to property contiguous to such curb, but only in accordance with this article.

C. The Zoning Officer/Administrative Officer shall, upon written request of the owner or contractor fixing the location and size of the opening, authorize the City Clerk to issue a permit where the property in question contains a single-family detached dwelling.

D. In all other instances, permission therefore shall be obtained from the Zoning Board of Adjustment upon written application and notice to other property owners as required in the case of a variance. The standards to be used by the Zoning Board of Adjustment in granting or denying such permission or in attaching such conditions as the Board may deem appropriate shall be:

(1) Increasing or aggravating the hazards of both vehicle and pedestrian traffic;

(2) The reasonable size of the opening in relation to the intended use;

(3) The existence of other means of access;

(4) Interference with the proper drainage of surface waters; and

(5) Any other factor involving the public convenience or necessity.

E. The refinishing of all curb cuts shall be done in a good and workmanlike manner.

§ 870-197 Fences and walls.

A. No fence that is a solid fence shall be erected from the front of a house or building line forward. This includes fences erected along a public right-of-way or across a front yard.

B. All fences shall be constructed with the finished side out and the structural side toward the interior.

C. Fences which are painted shall be painted in only one color. Fences painted originally must be maintained.

D. Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Zoning Officer/Administrative Officer.

E. All fences must be erected within the property line.

F. A fence not more than six feet in height is permitted along the rear lot line and along the side lot line to the front building line. A fence not more than four feet tall is permitted along the side lot line from the front building line to the front lot line and along the front lot line.

G. Except where a taller fence is required by the provisions of §467-13 (junkyards), § 500-5 (open lots) and § 785-12 (storage yards), no fence hereinafter erected, altered or reconstructed shall exceed a height of six feet above ground level.

[Amended 12-10-2019 by Ord. No. MC-5232]

H. Fences and walls shall be required to compliment the structural style, color, and design of the principal building.

I. Fences and walls are more appropriately used adjacent to or attached to buildings as architectural extensions and careful consideration shall be given to coordination with the lines, materials, and color of any principal structure.

J. Plantings shall be considered as part of any fencing or wall plan.

K. The use of plant screens instead of fences is encouraged along property lines.

L. Sound attenuation walls shall not be used unless they are required by the Planning Board for mitigation of unacceptable noise levels and no other alternative is available. In determining the design of sound attenuation walls, the Board shall consider the sound source to locate the height and setback of proposed walls. Landscaping shall be included with the wall design.

M. Fences and walls shall be constructed of durable high quality materials and shall display a high level of quality in finish and detail. Walls with a lesser quality of finish and detail may be considered for approval if they are continuously screened by landscaping.

N. Gates in walls and fences between streets and open areas may be required by the Planning Board.

O. Two separate fences placed back-to-back along common property lines shall be discouraged.

P. All walls, fences, and hedges shall be maintained in a safe, sound, and upright condition by the property owner and all hedges shall be neatly maintained and trimmed in appearance, and kept at a height not greater than prescribed in this article.

Q. Hedges shall be subject to the same provisions as regular fencing; provided, however, that they shall not be placed nearer than four feet to any sidewalk or any prospective sidewalk.

R. The height of walls and fences shall be measured from the average elevation of the finished grade along the base of the wall or fence to its highest point.

S. Retaining walls four feet tall and over must have a four-foot-tall fence installed on top for safety reasons or an equally acceptable design method shall be reviewed and approved by the Planning Board. The Planning Board shall review and approve all plans for retaining walls that are four feet tall or taller. All plans for retaining walls shall include landscaping to soften their visual impacts.

T. No fence, hedge, or wall of any type shall be erected or maintained if it is deemed a safety hazard in obstructing the view of motorists. Sight triangle areas shall be required at intersections and driveways entering streets, in addition to the specified right-of-way widths, in which no grading, planting, or structure shall be erected or maintained more than 30 inches above the street center line, except for utility poles, street signs, fire hydrants, and light standards.

U. All walls and fences shall be constructed and maintained in accordance with the following design standards:

(1) If the fence is wood or wood frame, the framework must face the interior of the lot and be finished on both sides.

(2) If the fence is open metal mesh supported by posts or frames of either pipe or wood, the posts and frame must face the interior of the lot.

(3) If the fence is of masonry construction, a finished surface must be provided on the exterior side.

V. The following fences and materials are strictly prohibited:

(1) Barbed wire or wire on which barbs or points are strung or fastened, except in an industrial zone. Barbed wire shall be permitted in industrial zones but may be attached only to the top of the fence and shall be angled inward no less than 45°. Such barbed-wire course may be in addition to fence height as permitted in Subsection G above.

(2) Concertina and razor-wire fences.

(3) Canvas or cloth fences.

(4) Electrically charged fences.

(5) Poultry netting or snow fences.

(6) Expandable and collapsible fences, except where permitted as temporary fences.

(7) Glass may not be embedded in any type of fence.

W. Permits and fees.

(1) A permit shall be obtained from the Zoning Officer/Administrative Officer for the erection, alteration or reconstruction of any fence, including temporary fences, as defined in this article. No separate permit shall be required for new fences as a part of development where site plan review is required. However, all requirements in this section shall be observed as a part of site plan review.

(2) The fee for such a new fence permit shall be $40. No fee shall be required for the alteration or reconstruction of any existing fence.

(3) Each application for a fence permit shall be filed in duplicate on forms furnished by the Zoning Officer/Administrative Officer and shall be accompanied by a sketch indicating the proposed location and dimensions of the fence, as well as the materials to be used.

(4) Temporary fences shall be permitted for the duration of construction or the event held. The permit must contain the length of time of construction or the event.

(5) Approval of all fence materials shall be subject to Uniform Construction Code conformance.

(6) Upon the issuance of a fence permit, the Zoning Officer/Administrative Officer shall inspect the premises upon which a permit was issued to determine whether the fence meets all ordinance provisions.

X. Exceptions.

(1) These regulations shall not apply to municipal property and public recreational uses.

(2) These regulations shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall does not exceed the height, measured from the ground level, of the highest adjacent grade.

Y. A fence as so herein provided may be permitted to encroach on the City right-of-way no more than four feet or to the sidewalk, whichever is less, provided that proof on insurance liability is submitted to the Zoning Officer/Administrative Officer. The liability insurance shall not be canceled unless written approval from the Zoning Officer/Administrative Officer is obtained. Proof of insurance shall be submitted to the Zoning Officer/Administrative Officer each year after a permit is issued for fences that encroach on a City right-of-way.

Z. The Zoning Officer/Administrative Officer shall have the power to enforce these regulations. If the Zoning Officer/Administrative Officer, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or portion of fence repaired or removed within 15 days of the date of such written notice.

AA. Any fence to be erected, altered or reconstructed in an historic or conservation overlay district shall be referred to the Historic Preservation Commission for review before the Zoning Officer/Administrative Officer issues a fence permit. Such Historic Preservation Commission review shall be limited to those cases where the fence is visible from a public street or right-of-way, including alleys, alleyways or other public easements.

§ 870-198 Commercial vehicles.

No more than one commercial vehicle with a gross vehicle weight of less than 10,000 pounds may be parked, stored, or garaged at any dwelling unit or on any public street within the residential districts of the City.

§ 870-199 Exceptions and supplemental requirements to bulk and area regulations.

A. On a corner lot, there shall be deemed two front yards on abutting streets, one rear yard and one side yard.

B. Yard dimensions.

(1) Where minimum permitted yard dimensions are less than sufficient to accommodate a required buffer area, they shall be increased accordingly.

(2) Where a lot abuts any street which is proposed to be widened on the Official Map or City Master Plan, the required minimum yard dimension shall be measured from the proposed right-of-way line.

C. On a through lot, front yards are required along all street lines.

D. When a lot adjoins a cul-de-sac or abuts a curved street with a radius of less than 500 feet, the required lot frontage may be reduced to not less than 1/2 of the required minimum lot width, and the minimum lot width at the front yard line may be reduced to not less than 75% of the required lot width.

E. The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum requirements.

F. The net habitable floor area of any dwelling unit shall be not less than the least restrictive of the most current minimum floor areas as promulgated by:

(1) The New Jersey Housing Finance Agency; or

(2) The U.S. Department of Housing and Urban Development in its minimum property standards manual.

G. The number of occupants of any dwelling unit shall not exceed the maximum permitted under the most current occupancy guidelines as established by the U.S. Department of Housing and Urban Development.

H. In any residential zone, there shall be not more than one principal structure on each lot. In any other zone, the placement of more than one principal structure shall be subject to Planning Board or Zoning Board of Adjustment approval of a site plan showing existing, proposed and all future development(s) on the site.

§ 870-200 Temporary construction trailers.

A. It shall be unlawful for any person to park or maintain a construction trailer in the City unless such person shall first obtain a permit therefor. Said permit shall be obtained by application, in writing, addressed to the Construction Official, which application shall state:

(1) The name and address of the owner of the trailer.

(2) The ownership and location of the site where said trailer is to be parked or maintained.

(3) The name and address of the general contractor or lessee, if other than the owner of the trailer.

B. Any permit issued hereunder shall be valid for a period of six months, but may be renewed for an additional six-month period upon payment of additional fees for such renewal. Permission for subsequent renewals must be obtained by receiving a Use Variance from the Zoning Board of Adjustment.

C. Anything in this section to the contrary notwithstanding, it shall be unlawful to park or maintain a construction trailer at any site upon expiration of a permit or after the expiration of 30 days from the issuance of a certificate of occupancy of completion of the building or project in respect of which said construction trailer was utilized.

D. In his discretion, the Construction Official may remove the trailer for failure to comply with any of the provisions in this article. All costs incidental thereto, including towing charges, storage charges, and attorney fees, shall be the responsibility of the person so charged under this section.

E. A temporary construction trailer(s) shall have one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of the first construction permit and concluding with the issuance of the last certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.

§ 870-201 Home occupations and home professional offices.

A. Such use of the home shall not adversely affect adjacent property owners or interfere with their quiet enjoyment of their property by causing noxious, offensive or hazardous conditions by reason of vehicular traffic, generation or emission of noise, vibration, smoke, air pollution, dust, or other particulate matter, noxious odors, heat, humidity, water pollution, glare, radiation, electrical or magnetic interference or other objectionable impacts which are detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. This provision shall also include a prohibition on the transference of equipment, supplies, or similar materials on a routine basis from a storage building or area to vehicles, resulting in exterior evidence, either visual and/or audible, of the home occupation. The home occupation shall not be detectable outside the principal structure.

B. No hazardous material as defined by the New Jersey Department of Environmental Protection shall be kept on the premises exclusive of cleaning materials routinely found in residential units.

C. There shall be no exterior evidence of the home occupation or office except for a sign as permitted herein. In no event shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, or lighting. No separate entrance and/or exits shall be allowed in to the residence exclusively for a home occupation unless the entrance already exists.

D. No merchandise, products, equipment or similar material or objects shall be displayed, stored, or otherwise located outdoors.

E. Any motor vehicle registered for commercial use by the New Jersey Division of Motor Vehicles and defined as either a trailer, pole trailer, road tractor, semitrailer, or truck trailer shall not be kept on or near the premises or used for delivery and distribution of any kind in connection with a home occupation.

F. No goods, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with the use, other than deliveries normally made by the U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district.

G. The use shall not require any increased or enhanced electrical or water supply.

H. The quantity and type of solid waste disposal shall be the same as other residential uses in the zone district.

I. The capacity and quality of effluent shall be typical of normal residential use, and shall create no potential or actual detriment to the sanitary sewer system or its components.

J. More than one home occupation shall be allowed to operate in the residence as long as the combined impact of all of the occupations does not exceed any of the restrictions that would apply to a single home occupation.

K. The sale of goods or merchandise not produced on the premises shall not be construed to be a home occupation under the terms of this section.

L. No use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

M. Written approval shall be obtained by the applicant from either a homeowners' association, condominium association or other similar entity when a home occupation is proposed within a development that is so governed.

N. Home-occupation related vehicular trips and any delivery of materials to and from the residence shall only occur between the permitted business hours of 6:00 a.m. to 9:00 p.m., Monday through Saturday.

O. Occasional home occupation group gatherings such as recitals or demonstrations shall be allowed as long as they occur during permitted business hours and do not occur more than once per month.

P. No zoning permit or minor site plan approval shall be required for any home occupation where the following provisions apply:

(1) No person other than one full-time resident of the household residing on the premises shall be engaged in the occupation.

(2) The use of the property for the home occupation shall be clearly subordinate and ancillary to its use for residential purposes by its occupants, and no area on the property or within a structure shall be dedicated solely for or used in the conduct of the home occupation.

(3) No goods, materials, equipment, supplies or other items of any kind shall be delivered to or from the subject property in connection with the home occupation except in the passenger automobile of the home occupation proprietor. These delivery restrictions shall not apply to normal mail and parcel deliveries.

(4) No nonresident employees, business invitees or guests, clients, patrons, customers or other persons shall be permitted on the property in regard to the home occupation.

Q. A zoning permit shall be required for any home occupation where the following provisions apply:

(1) No person other than one or two full-time residents of the household residing on the premises shall be engaged in the occupation.

(2) The use of the property for the home occupation shall be clearly subordinate and ancillary to its use for residential purposes by its occupants, except that up to 400 square feet of the principal dwelling unit may be dedicated solely for the conduct of the home occupation.

(3) No goods, materials, equipment, supplies or other items of any kind shall be delivered to or from the subject property in connection with the home occupation except in the passenger automobile of the home occupation proprietor or two-axle, four-wheel delivery service vehicles. These delivery restrictions shall not apply to normal mail and parcel deliveries.

(4) Clients, patrons, customers or other persons shall be permitted on the property in regards to the home occupation, provided that such visitation shall not create the need to park more than one vehicle at any time in addition to those ordinarily used by the residents of the home, and said additional vehicle shall be limited to a passenger automobile and must be parked off-street in an existing, properly designed space, driveway and/or area in keeping with the existing residential neighborhood character. There shall be sufficient off-street parking for both the residential use and specific home occupation.

R. Applications for home occupation permits proposing to hire no more than one non-household employee, or propose to utilize more than 400 square feet of the principal dwelling unit, or provide more than one off-street parking space for clients, patrons, customers or other persons shall by certified mail, return receipt requested, provide notice to all property owners within 200 feet of the lot upon which the home occupation is proposed to be located specifying that the applicant has applied for a home occupation permit, setting forth the substance of the application, and stating that the Zoning Officer/Administrative Officer shall decide the application 30 days from the date of the public notice unless the Zoning Officer/Administrative Officer receives written objections thereto. If the Zoning Officer/Administrative Officer receives written objections, he shall grant or deny the application, with or without conditions, or may decide to refer the application to the Planning Board for site plan review subject to the following provisions:

(1) No person other than members of the household residing on the premises plus no more than one non-household employee shall be engaged in the home occupation on the property.

(2) The use of the property for the home occupation shall be clearly subordinate and ancillary to its use for residential purposes by its occupants, and not more than 25% of the gross floor area of the principal dwelling, not including the cellar or basement, shall be used in the conduct of the home occupation.

(3) One nonilluminated nameplate sign identifying only the occupant's name, occupation and/or profession not exceeding two square feet in size, either attached or freestanding and set back at least 15 feet from all street, curb and/or property lines or the occupant's name, occupation, and/or profession displayed on a mailbox. No external light shall be focused on the sign or mailbox.

(4) No goods, materials, equipment, supplies or other items of any kind shall be delivered to or from the subject property in connection with the home occupation except in the passenger automobile of the home occupation proprietor or two-axle, four-wheel delivery service vehicles. These delivery restrictions shall not apply to normal mail and parcel deliveries.

(5) The home occupation shall not necessitate the need to park more than two vehicles at any time in addition to those ordinarily used by the residents of the home, and said additional two vehicles shall be limited to passenger automobiles and must be parked off-street in existing, properly designed spaces, driveways and/or areas in keeping with the existing residential character. There shall be sufficient off-street parking for both the residential use and specific home occupation.

S. Any home occupation conducted in or from a dwelling unit which does not meet the specific requirements hereinabove is not a "home occupation" for the purposes of this section. Moreover, any home occupation which requires the outside storing or parking of equipment, vehicles other than those permitted hereinabove, or the outside storing of other material associated with the home occupation (i.e., landscape businesses where plant material is grown or stored on the residential property, construction businesses where any commercial vehicles or more than two passenger automobiles associated with the home occupation are parked on-site at any time, or any similar businesses or activities) shall not be considered a "home occupation."

§ 870-202 Family day-care homes.

A. Such use shall be subject to securing a zoning permit.

B. No change shall be permitted to the exterior of the home for the purpose of accommodating day-care use. However, the exterior of any new residential structure used as a home-based care center shall be architecturally designed as a residential unit compatible with the types of existing units or those yet to be located in the neighborhood.

C. The provider shall ensure that adequate indoor floor space is available for children's activity. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, basements or attics shall not be included in this analysis.

D. An adequate and safe outdoor play area shall be available either adjacent to or within walking distance of the house. The play area shall be well drained, completely fenced and not include driveways, parking areas or land otherwise unsuitable for outdoor play areas.

E. Outdoor areas located near or adjacent to hazardous conditions determined by the Planning Board to be unsafe (including, but not limited to, streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high voltage lines or propane gas tanks) shall be fenced or otherwise protected by a natural or man-made barrier or enclosure.

F. No outdoor play area shall be located in the front yard.

G. Family day-care homes must restrict their hours of operation to between 6:30 a.m. to 9:00 p.m. No outdoor play areas shall be used before 9:00 a.m. or after 8:00 p.m. There shall be no overnight care.

H. Any site lighting shall not reflect over the property line of the premises.

I. No signage shall be permitted for family day-care homes other than one unlighted name plate of not more than one square foot attached to the home.

J. There shall be no detrimental impacts to the use or peaceful enjoyment of the surrounding properties or neighborhood.

K. The home in which the use is located shall be the principal residence of the applicant.

L. No commercial vehicle shall be kept on the premises in connection with a family day-care home occupation.

M. No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a family day-care home except in passenger automobiles owned by the resident and kept on the premises.

N. Family day-care use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

O. There shall be no nuisance element detectable beyond the principal structure in connection with the family day-care home.

P. Family day-care shall be licensed by the State of New Jersey.

§ 870-203 Child-care centers.

A. Such use shall be subject to site plan review and approval.

B. The use shall meet the area and bulk requirements of the zone in which it is located.

C. The applicant shall provide substantial evidence that there is a definite need for the child-care center in the requested location and that the proposed child-care center will have no adverse impact on surrounding properties.

D. The child-care center shall have easy and direct access, and the entrance and exits shall be located away from areas of heavy vehicular and pedestrian traffic with limited contact with commercial and/or office uses.

E. A child-care center shall be permitted to operate 24 hours a day, but shall be restricted from operating more than 16 hours within the twenty-four-hour period, depending upon whether the center operates during normal waking hours or during normal sleeping hours, respectively.

F. The child-care center shall not create any objectionable traffic conditions.

G. Parking areas, pedestrian walkways or other exterior portions of the premises subject to use by child-care center occupants at night shall be illuminated to provide safe entrance to and egress from the center.

H. An outdoor play area shall be on the same lot as the child-care center. The area shall be graded, well drained, completely fenced and not include driveways, parking areas or land and uses otherwise unsuitable.

I. No part of any outdoor play area may be situated in the front yard.

J. Storage facilities for movable outdoor play equipment shall be provided and such equipment shall be stored in these facilities when not in use. In addition, outdoor play equipment shall be designed to accommodate disabled children.

K. All outdoor play areas shall be screened from adjacent properties by a fence or wall at least six feet in height and screen plantings within a fifteen-foot setback area along all property lines. Outdoor areas located near or adjacent to hazardous areas determined by the Planning Board to be unsafe (including, but not limited to, streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high voltage lines or propane gas tanks) shall be fenced or otherwise protected by a natural or man-made barrier or enclosure.

L. The child-care center may be identified only by signage which is consistent with the overall sign design theme of the particular development project in which the center is located.

M. The site shall be free from any hazards to the health, safety or well-being of the children.

N. The child-care center, including any outdoor play space provided, shall be so located and designed that there shall be no objectionable impacts on adjacent or nearby properties due to noise, activity, visual or other objectionable conditions. The Board may require such special treatment in the way of design, screening or buildings, planting and parking areas, signs or other requirements as it shall deem necessary to protect adjacent and nearby properties.

O. Child-care centers shall be licensed by the State of New Jersey.

§ 870-204 Community residences.

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, all as defined in Article II and N.J.S.A. 40:55D-66.2, shall be subject to the following requirements:

A. Such use shall be subject to site plan review and approval.

B. The use shall comply with the area and bulk requirements of the zone in which it is located.

C. The following design requirements shall be incorporated within the submitted site plan:

(1) Community residences shall have immediate access to public transportation services or, in the alternative, provide occupants with a van or equivalent transportation service; and

(2) Community residences shall resemble single-family detached dwellings in appearance.

D. All community residences shall have 3/4 parking spaces for each resident thereof. The Planning Board shall give due consideration to provisions for visitation and the number of resident staff in order to ensure that there are ample parking facilities. Therefore, the Planning Board may, at its discretion, require more parking spaces than 3/4 spaces per resident, or may, if the evidence so warrants, waive strict adherence to this standard. Moreover, a sufficient off-street area shall be provided for the pick-up and discharge of residents by vans or other vehicles servicing the facility.

E. The Planning Board may deny approval to any proposed community residence which would be located within 500 feet of an existing community residence; provided further, however, that the Planning Board may deny the issuance of any additional such permits if the number of persons, other than resident staff, within all such residences in the City exceeds 700 persons, or 1% of the population of the City, whichever is greater.

F. Community residences shall be licensed by the State of New Jersey.

§ 870-205 Bed-and-breakfast establishments.

A. Such use shall be subject to site plan review and approval.

B. The use shall meet the area and bulk requirements of the zone in which it is located.

C. The bed-and-breakfast use shall be subordinate to the principal owner-occupied residential use.

D. The property owner shall occupy and manage the bed-and-breakfast facility.

E. The proposed number of rooms for a bed-and-breakfast shall be compatible with the surrounding area and must be reasonable with respect to the size of the structure and the size of the lot on which the structure is located.

F. There shall be no substantial modifications to the exterior appearance of the structure. The addition of fire escapes, handicap ramps, doorways, etc. may be permitted in order to meet building code requirements and shall be in keeping with the exterior architectural detailing of the structure. Alterations that return the structure to its original architectural appearance are encouraged.

G. There shall be no exterior advertising except a nonilluminated or indirectly illuminated identification sign not exceeding two square feet in area. If this sign is a pole or ground sign it shall not exceed six feet in height.

H. Nonresident employees shall be limited to two in addition to the resident members of the family.

I. There shall be no separate kitchen or cooking facilities in any guest room.

J. There shall be no restaurant facilities on the premises open to the general public.

K. The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the resident family and its guests and to the guests of the establishment. Buffering may be required for outdoor amenities.

L. No long-term rental shall be permitted. The maximum stay for a guest shall not exceed 14 consecutive nights.

M. There shall be no meetings, receptions, or private parties on the premises associated with the bed-and-breakfast use on the property.

N. There shall be one off-street parking space per guest bedroom provided on the premises as well as one off-street parking space per permitted nonresidential employee, in addition to other off-street parking spaces required by this chapter for the resident members of the family. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and adjacent properties by fencing and/or natural vegetation subject to the approval of the Planning Board. The size and location of proposed parking areas shall not have an adverse impact on adjacent properties or the surrounding neighborhood.

§ 870-206 Automobile service station, gasoline station, or motor vehicle service station.

A. Such use shall be subject to site plan review and approval.

B. The use shall meet the area and bulk requirements of the zone in which it is located.

C. No part of any service station may be used for residential or sleeping purposes.

D. No structure used as a service station, nor filling pumps, car lifts, greasing equipment or other service equipment used to service or supply motor vehicles, shall be erected within 150 feet of any residential zone boundary.

E. All lifts, appliances, pits, storage areas, trash facilities and greasing equipment other than gasoline filling pumps or air pumps shall be located within an enclosed building.

F. No gasoline, air or oil pump, and on other service appliances installed for use in connection with any service station, shall be so installed or located within 35 feet of any side or rear lot line.

G. No junked motor vehicle or boat or part thereof or any unlicensed or unregistered motor vehicle shall be permitted on the premises of any service station. However, any motor vehicle awaiting repair may be located on the premises, provided that the vehicle shall be located in the rear of side yard and shall be screened from view with landscaping and a fence such that no stored vehicle shall be visible from the front of the premises or from any adjacent premise or from the road providing access to the facility. Fences, berms or landscaping forming a 100% visually impervious screen shall be required.

H. The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale purposes shall not be permitted as part of a service station.

I. No parking of vehicles shall be permitted on an unpaved area.

J. Landscaping shall be provided in the front, side and rear yard area. The front yard shall be landscaped, within the area with a minimum depth of 25 feet from the right-of-way.

K. The application submitted for approval of a service station shall show, in addition to the exact location and dimensions of all above ground structures, including gasoline pumps, the exact locations, dimensions, capacities and depths below the surface of any tanks to be installed and the specifications for the construction of tanks for the prevention of groundwater contamination.

L. Where other development is to include a service station as an accessory use, such service station shall be developed in a manner compatible with the development of the remainder of the tract and any adjacent properties. The land to be devoted to such service station shall be retained under single ownership with the remainder of the tract, and a means of access shall be provided to the service station from within the tract. The Planning Board shall find that sufficient buffering is provided and that the design and orientation of buildings, signs and lighting are compatible with adjoining properties and with the remainder of the property.

§ 870-207 Car washes.

A. Such use shall be subject to site plan review and approval.

B. The use shall meet the area and bulk requirements of the zone in which it is located.

C. All activities shall be conducted within a totally enclosed building.

D. This use shall not include a self-service or coin-operated car wash area in any form.

§ 870-208 Cemeteries.

A. Such use shall be subject to site plan review and approval.

B. The site shall be extensively landscaped at entrance gates.

C. No cyclone fence or chain link fences shall be used.

§ 870-209 Places of worship.

A. Such use shall be subject to site plan review and approval.

B. The use shall meet the area and bulk requirements of the zone in which it is located.

C. The applicant shall submit a list of proposed activities, anticipated participants and a timetable reflecting the hours in which each building will be in use so that minimum parking requirements can be determined.

D. Regardless of the size of the place of worship, a parish house, rectory, or similar structure shall have sufficient parking for the intended use and parking shall be screened from view from adjacent properties.

E. Residences for clergy shall be permitted on the same lot as the place of worship and shall meet all bulk requirements of the zone where located.

§ 870-210 Parabolic dish antennas.

A. A parabolic dish antenna shall function only as a receiving station and not as a transmitting station, except subject to the following requirements; an antenna used by an amateur radio operator licensed by the Federal Communication Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location.

B. Each parabolic dish antenna must be accessory to a permitted principal structure located on the same lot as the principal use for which it is accessory.

C. A parabolic dish antenna shall be ground-mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a principal permitted structure in the zoning district in which the lot is located; except that, in cases where the applicant can demonstrate that locating the dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the dish antenna, the Planning Board may approve an alternate location as listed herein below in order of municipal preference, based upon the testimony offered by the applicant.

(1) As a first preferred alternate, a parabolic dish antenna may be ground-mounted in the rear yard of the lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located; or

(2) As a second preferred alternate, a parabolic dish antenna may be ground-mounted in the side yard area of the lot and shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or

(3) As a third preferred alternate, a parabolic dish antenna may be roof-mounted, provided that the bottom of the satellite dish antenna shall not extend above the roof line where mounted and is located toward the rear of the structure away from the street line.

D. The materials used in the construction of a parabolic dish antenna shall not be unnecessarily bright, shiny, garish or reflective. They must be properly colored so as to conform to the principal use and surrounding area, including the color of the roof if roof-mounted.

E. The antenna shall be erected on a secure ground-mounted foundation. No advertisement shall be permitted on an antenna.

F. Each antenna shall be a freestanding structure.

G. A parabolic dish antenna may be installed in the rear yard area of any lot, and the proposed location of an antenna shall conform to the rear yard and side yard setback requirements for a principal permitted structure in the zone in which the lot is located. Moreover, no antenna shall extend higher than 15 feet above ground level.

H. A parabolic dish antenna shall not exceed 12 feet in diameter and shall be effectively screened with nondeciduous plantings and, to the greatest extent possible, shall blend with the immediately surrounding area. Unless impracticable, all antennas shall be of the aluminum mesh type.

I. No lot shall have more than one antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.

J. Portable antennas are prohibited.

K. Parabolic dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.

L. Applications for installation and/or construction of antennas shall be subject to site plan review and approval from the Planning Board in accordance with applicable requirements of this chapter.

§ 870-211 Wireless telecommunications facilities.

A. All new telecommunications towers or antennas in the City shall be subject to these regulations, except for communications facilities in the public right-of-way, which are subject to regulation under City Code Chapters 600 and 601.

[Amended 12-8-2020 by Ord. No. MC-5313]

B. Preexisting telecommunications towers and/or antennas shall not be required to meet the requirements of this section other than the requirements of Sections 210 and 211. However, where any enlargement of a tower and/or additional antennas are proposed, the requirements of Article XXXI shall apply as feasible and practical as determined by the Zoning Board of Adjustment and/or the Planning Board.

C. The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.

D. Towers and antennas located on property owned, leased or otherwise controlled by the City shall be encouraged where:

(1) The Planning Board deems such location to be appropriate for such facility; and

(2) The City Council has approved a license or lease authorizing such facility.

E. This section shall not govern any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is under 50 feet in height and is used exclusively for receive-only antennas.

F. This section shall not govern parabolic dish antennas measuring two feet or less in diameter or when used solely for household purposes for the transmission or reception of electromagnetic waves associated with satellites.

G. Notwithstanding any other land use regulation, an existing building(s) and use on a lot shall not preclude the installation of a telecommunications tower (including appurtenant structures) and/or antenna on the same lot. If such tower and/or antenna constitute the sole use of the lot, then such use shall be deemed the principal use of the lot; otherwise, the use shall be considered accessory.

H. For purposes of determining whether the installation of a tower or antenna complies with zone 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 or towers may be located on leased parcels within such lot.

I. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is established by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations, where mandated to do so, shall constitute grounds for the removal of the tower or antenna at the owner's expense.

J. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained inapplicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the City 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 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

K. telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

L. The City mandates that carriers co-locate antennas on towers and other structures whenever possible. See Subsection S for co-location requirements.

M. Site plan approval shall be required for all new telecommunications facilities in the City including modifications to or addition of new telecommunications facilities to existing towers, buildings or other structures.

N. Wireless telecommunications facilities are permitted in the following areas of the City:

(1) On existing nonresidential buildings or structures for co-location of antenna facilities.

(2) On lands owned, leased or otherwise controlled by the City.

(3) On catenary structures within the railroad right-of-way and on towers used to support electric power high-tension lines.

O. Wireless telecommunications facilities are prohibited on all lands used for public and private schools.

P. Wireless telecommunications facilities may be permitted on lands identified in Subsection N provided that:

(1) New lattice towers and any type of guyed tower are prohibited. Preexisting lattice towers can be increased in height for the purpose of accommodating additional antennas.

(2) Telecommunications towers shall be limited to monopoles and shall be designed to accommodate at least five carriers. The maximum height of such towers shall be 200 feet or the height above which the FAA would require special painting and/or lighting, whichever is less.

Q. In addition to the above standards, the Planning Board may consider the following factors in its review of a site plan for a proposed telecommunications tower:

(1) Proximity of the tower to residential structures and residential district boundaries.

(2) Nature of uses on adjacent and nearby properties.

(3) Surrounding topography.

(4) Surrounding tree coverage and foliage.

(5) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs which are encouraged.

(6) Availability of suitable preexisting towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures.

(7) Availability of proposed tower to other potential carriers.

R. The following site design standards shall apply to wireless telecommunications facilities:

(1) New towers.

(a) New telecommunications towers shall not be located closer than 1,000 feet to a residential property line. All antennas located on existing buildings or structures, including towers, are exempt from this requirement.

(b) A fall zone shall be established such that the tower is setback 110% of the height of the tower from any adjoining lot line or nonappurtenant building.

(c) Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anti-climbing measures or devices.

(d) The following requirements shall govern the landscaping surrounding towers:

[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public and private view by evergreen trees at least 10 feet high at planting and planted in staggered double rows 10 to 15 feet on-center.

[2] Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

(e) Any proposed building(s) enclosing related electronic equipment for one or more carriers shall not exceed 10 feet in height and 200 square feet in area for each carrier at a facility. When a carrier's equipment is to be contained by itself in a separate, individual building, each carrier shall be limited to one such building. Such buildings must satisfy the minimum setback requirements for accessory buildings in the zoning district. Where multiple buildings are proposed at a facility serving multiple carriers, the placement of each such building shall be done in a visually and functionally coordinated manner, with the goal being that of maximizing the number of possible carriers at a facility, while minimizing the area of the overall compound required for such facility.

(f) Towers and antennas shall meet the following requirements:

[1] Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, to be painted a neutral color so as to reduce visual obtrusiveness, as determined appropriate by the Planning Board.

[2] At a tower 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.

(g) No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:

[1] The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when authorized personnel are at the building; and

[2] No lighting is permitted on a tower except lighting that specifically is required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(h) No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs.

(2) Antennas mounted on existing buildings or structures.

(a) Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional building or structure in the City provided:

[1] Side and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.

[2] The antenna complies with all applicable FCC and FAA regulations.

[3] The antenna complies with all applicable building codes.

[4] The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for existing buildings and structures which are less than 35 feet in height, the related unmanned equipment structure shall be located on the ground and not on the roof of the building or structure.

[5] If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

[6] Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.

(b) If an antenna is installed on a structure other than a tower, the antenna, supporting electrical and mechanical equipment, as well as any equipment storage buildings, structures or cabinets, must be of a color that is identical to or closely compatible with the color of the supporting building or structure, so as to make the antenna and related equipment and structures as visually unobtrusive as possible.

(c) While it is anticipated that antennas mounted on buildings or structures as referenced in Section 211 above would involve existing buildings or structures, their placement on new buildings or structures is permitted where such facilities are otherwise permitted pursuant to Subsection N and subject to the requirements of Subsection R(2)(a) and (b) immediately above.

(3) Antennas on preexisting towers. An antenna may be attached to a preexisting tower and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on such towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

(a) A tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the preexisting tower, unless reconstruction as a monopole is proposed.

(b) A preexisting tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section. After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.

S. Co-location.

(1) The City requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are standalone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate best efforts to co-locate with other carriers. Such best efforts shall include:

(a) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;

(b) Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in Camden County;

(c) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location; and

(d) A copy of a proposed lease or affidavit of compliance with this section.

(2) In the event that co-location is found to be not technically feasible, a written statement of the reasons for the unfeasibility shall be submitted to the City. The City may retain a technical expert in the field of RF engineering to verify if co-location is feasible. The cost for such a technical expert will be at the expense of the applicant. The City may deny approval to an applicant that has not demonstrated best efforts to provide for co-location.

(3) If the applicant does intend to co-locate or to permit co-location, plans and elevations, which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.

T. Location priorities. Special consideration shall be given to wireless telecommunications facilities located in accordance with the following prioritized locations:

(1) The first priority shall be on preexisting telecommunications towers, existing water towers or standpipes, high voltage lines support towers, or railroad right-of-way catenary structures, located within or near the City and owned by either a public or private utility, a railroad corporation, or the City or other municipality.

(2) The second priority shall be on existing nonresidential buildings and structures.

(3) The third priority shall be on existing nonresidential buildings and structures in all other permitted zones.

(4) The fourth priority shall be on new telecommunications towers on lands owned, leased or otherwise controlled by the City.

U. Site plan submission requirements. In addition to the site plan submission requirements in this chapter, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:

(1) comprehensive service plan. In order to provide proper evidence that any proposed location for a new wireless telecommunications facility (including supporting tower, antennas, and/or ancillary buildings enclosing related electronic equipment) has been planned to result in the fewest number of towers within the City at the time full service is provided by the applicant throughout the City, the applicant shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the City and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services both within and near the City. The comprehensive service plan shall indicate the following:

(a) Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the City.

(b) How the proposed location of the antennas relates to the location of any preexisting towers within and near the City.

(c) How the proposed location of the facility relates to the anticipated need for additional antennas and supporting towers within and near the City by both the applicant and by other providers of telecommunications services within the City.

(d) How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same tower.

(e) How the proposed location of the facility relates to the overall objective of providing full telecommunications services within the City, while at the same time, limiting the total number of towers in the City to the fewest possible.

(2) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other proposed structure, topography, parking and other information deemed by the Planning Board to be necessary to assess compliance with this chapter.

(3) Legal description of the entire tract and leased parcel (if applicable).

(4) The setback distance between the proposed tower and the nearest residential property line and dwelling unit.

(5) The separation distance from other towers and antennas.

(6) A landscape plan showing specific landscape materials including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.

(7) Method of fencing and finished color and, if applicable, the method of camouflage.

(8) A description of compliance with all applicable federal, state or local laws.

(9) A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for other carriers, with an estimate as to the total number of co-locations possible.

(10) Identification of the entities providing the back-haul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the City.

(11) A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in a form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s), and their successors in interest.

(12) A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower with at least three antenna arrays attached thereto, in addition to any visible ancillary facilities, as viewed from at least eight locations within a one- to three-mile radius of a proposed tower, taken from locations within the City where such tower will be most visible. Such locations shall be chosen by the carrier with review and approval by the Planning Board or designee to ensure that various potential views are represented.

(13) During the public hearing process, at the request of the Planning Board, the applicant shall schedule a crane or balloon test in order to provide members of the Board and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower.

(14) An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:

(a) Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.

(b) Be performed by a RF engineer, health physicist or similar knowledgeable individual.

(c) Follow current methods recommended by the FCC for performing such analyses.

V. Monitoring and maintenance.

(1) After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet current FCC Guidelines.

(2) The applicant and co-applicant, as applicable, shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.

W. Abandonment or discontinuation of use.

(1) At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the City Clerk by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.

(2) Upon abandonment or discontinuation of use, at the option of the City, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

(a) Removal of antennas, mount, equipment shelters and security barriers for the subject property.

(b) Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.

(c) Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall be handled at the direction of the City Engineer.

(3) If a carrier fails to remove a personal wireless service facility in accordance with this section, the City shall have the authority to enter the subject property and physically remove the facility. The Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the City must remove the facility.

§ 870-212 Auto repair services.

A. Such use shall be subject to site plan review and approval.

B. The use shall meet the area and bulk requirements of the zone in which it is located.

C. No auto body or vehicle painting shall be permitted.

D. No more than five parking spaces for outside storage of vehicles shall be permitted.

E. All lubrication, repair, or similar activities shall be performed in a fully enclosed building. No exterior display or storage of parts shall be permitted.

F. No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage, except as noted herein. No more than 10 vehicles awaiting repair or disposition at the repair garage shall be permitted on the premises for a period not exceeding seven days, except that up to five inoperable vehicles in an enclosed building may be permitted.

G. No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.

§ 870-213 Golf courses.

A. Such use shall be subject to site plan review and approval.

B. The golf course shall be designed with due consideration for safety of the public on adjacent lots, adjacent roadways and other golfers.

C. Sufficient horizontal separation shall be maintained between the golf course and accessory structures, buildings and uses and adjacent off-site uses as follows:

(1) Minimum separation from any property line, road right-of-way or accessory structures, buildings and uses associated with the golf course (except shelters), unless duly waived by the Board, is as follows:

(a) From golf tee: 75 feet, except tees noted below:

[1] Golf tees where the center line of the hole: is parallel or less than a 60° and angle to a road or tract boundary is 150 feet.

[2] From center line of fairway or green and edge of driving range: 150 feet.

(2) All accessory structures and buildings associated with the golf course, including fencing for a driving range (but not including cart paths, parking, shelters or the course itself), shall be a minimum of 200 feet from any adjacent property line or road right-of-way. Parking lots shall be properly screened and shall be a minimum of 200 feet from surrounding properties and public roads.

§ 870-214 Off-street parking of vehicles in residential districts.

Off-street parking shall be provided for and continuously maintained in accordance with the terms and conditions of any land use approval. In all cases, whether governed by such approval or not, no vehicle shall be parked on any lawn area or other area not designated for parking. In a planned residential development, no vehicles shall be parked in any area not designated, on the approved plans, for such parking.

§ 870-215 Planned developments.

A. Planned developments, where permitted by the Planning Board, must comply with the conditions and standards set forth in this section, notwithstanding other applicable regulations of this chapter or additional conditions for the particular planned development.

B. Prior to approval of any planned development, the Planning Board shall find, as required by N.J.S.A. 40:55D-45, the following facts and conclusions:

(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to the planned development.

(2) That the proposals for maintenance and the amount, location and purpose of the common open space are adequate.

(3) That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

(4) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(5) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owner of the proposed development in the total completion of the development are adequate.

(6) In effecting the provisions of Subsection B(4) and (5) above, the Planning Board may impose reasonable staging and phasing limitations and controls, including limiting the number of dwelling units and/or square footage of nonresidential space so that area-wide infrastructure and services will be able to adequately absorb the impacts of the planned development. Any such limitations shall be made upon evidence, in the record of the hearings, accompanied by findings of fact, and conclusions based thereon, expressed in the adopted resolution of memorialization.

C. Any developer of a parcel of land for which the developer is seeking approval of a planned development shall submit a general development plan to the Planning Board prior to the granting of preliminary subdivision approval or preliminary site plan approval.

D. Except for required reports and other written documentation, the general development plan shall be submitted in plat form at a scale of one inch equals 100 feet. Each submission shall be on a sheet sized 24 inches by 36 inches. If one sheet is not sufficient to contain the entire tract, it may be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.

E. A general development plan shall include the following:

(1) A land use plan indicating the tract area and locations of the land uses to be included in the planned development. The total amount of nonresidential floor area to be provided and proposed land area to be devoted to nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated.

(2) A circulation plan showing the general location and types of transportation facilities, including bus facilities and facilities for pedestrian and bicycle access, within the planned development and any proposed improvements to the existing transportation system outside the planned development.

(3) A traffic study including but not necessarily limited to anticipated traffic volumes, capacity of existing and proposed roadways, traffic volume impact from other developments, roadway network problems involving intersections, turns, and grades, and the need for traffic signals and other improvements.

(4) An open space plan showing the proposed land area and general location of land areas to be set aside for plazas and campus green focal points and for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a program for the operation and maintenance of such lands.

(5) A utility plan indicating the need for and showing the proposed location of sewage and water lines, and drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and recycling, and a plan for the operation and maintenance of proposed utilities.

(6) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site and addressing any off-site impacts.

(7) An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and physical resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site and its environs.

(8) A community facility plan indicating the scope and type of supporting community facilities.

(9) A local service plan indicating those public and private services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, and solid waste disposal.

(10) A design and development criteria booklet shall be provided establishing design and development criteria for buildings; parking, service and access; lighting; signs; drainage, preservation of existing major treed areas, tree protection during construction, and other landscaping design considerations. The booklet shall also address criteria for environmental and visual protection during construction.

(11) A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public or employees who utilize any section of the planned development prior to the completion of the development in its entirety.

F. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of the Municipal Land Use Law[1] or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval.

(1) The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth below in this section, except that the term of the effect of the approval shall not exceed 10 years from the date upon which the developer received final approval of the first section of the planned development.

(2) In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider: the amount of floor area to be constructed; prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any condition which the Planning Board attaches to the approval thereof.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

G. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for nonresidential space within the City and the region, and the availability and capacity of public facilities to accommodate the proposed development.

H. The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the square footage of the development in any section of the planned development.

I. Once a general development plan has been approved, it may be amended or revised only upon application to the Planning Board.

§ 870-216 Open space organizations.

A. Applicants for development approval with respect to plans of development that contain open space or common open space, shall propose, in the development application, a proposal for the ownership and maintenance of such open space.

B. The Planning Board shall determine whether the proposal of ownership and maintenance thereof is adequate and reasonable. The Board may require that the plan of development be amended so that the amount, location, and purpose of any open space better promotes the interests of the future residents and/or users of the development. In determining whether to permit the use of an open space organization, in the first instance, and the amount, location and purpose of any open space or common open space, the Board shall consider the following:

(1) Whether the open space will be dedicated to and accepted by a public entity.

(2) Whether sufficient numbers of future residents or users will benefit from the open space in a manner that is likely to assure the financial viability of the open space organization.

(3) Whether the plan provides adequate, usable open space.

(4) Whether the plan provides adequate access to and circulation within the open space.

C. In cases where the Board and the applicant agree that some or all of the open space shown on the approved plan be dedicated to the City of Camden, any such approval shall be conditioned upon the applicant and the City Council entering into a developer's agreement providing for the terms and conditions of such dedication and acceptance thereof.

D. All proposed common open space organization documents, such as the declaration of covenants, restrictions and easements, by-laws, certificate of incorporation, master deed and operating agreement, shall be reviewed and approved by the Planning Board Attorney and Planning Director as a condition of approval. Such documents shall provide that any common open space, including all improvements thereon, be inspected and improved by the City Engineer prior to the dedication thereof by the sponsor to the open space organization. The Board may require the special reserves be established with respect to long-term maintenance of special features such as water features or other common open space or common elements which may require periodic maintenance because of their nature and purpose. Special maintenance programs and procedures may be required to be established for such maintenance which procedures may be required to be in the form of a mandatory maintenance program, attached to and a part of the declaration of organization.

E. The mechanics of operation, turnover of control and financial accountability of the open space organization as the same transitions from sponsor to lot or unit owners shall comply with the regulations of the Department of Community Affairs pursuant to the "Planned Real Estate Full Disclosure Act."[1]Special disclosure statements may be required by the Board, in accordance with any approving resolution, and the applicant shall comply with the requirements of such disclosure requirement including approval thereof by the Board Attorney and the method of communicating the same to contract purchasers.

[1] Editor's Note: See N.J.S.A. 45:22A-21 et seq.

F. Common open space facilities shall be constructed, improved and dedicated in accordance with a comprehensive phasing plan set forth in the approving resolution, the developer's agreement or both.

G. The provisions of N.J.S.A. 40:55D-43(b) and (c) shall apply to open space organizations in the City of Camden.

§ 870-217 Sidewalk cafes. [1]

A. Sidewalk cafes are a permitted accessory use only to those restaurants in the commercial zones, subject to the following conditions:

(1) If applicable, a certificate of appropriateness shall be obtained from the Historic Preservation Commission for the design (including style of furniture, partitions and overhead covering) of any sidewalk cafe.

(2) Any seating area (i.e., within the property line) shall meet the following standards:

(a) The front yard seating area shall be partitioned by a three-sided, moveable structure separating the seating area from the public right-of-way, and which is no less than 30 inches in height and no more than 36 inches in height, providing one opening for entrance and exit which is no less than 42 inches in width and no more than 60 inches in width, and whose boundaries allow patrons and pedestrians to clearly ascertain the entrance and exit to the front yard seating area.

(b) The seating area shall have an overhead covering, consisting of either an individual umbrella over each table or a retractable awning covering all tables and chairs.

(c) The seating area partition and overhead covering shall not contain advertising.

(d) The seating area partition, overhead covering, and all tables, chairs, and other cafe furniture shall be removed at the close of business each day.

(e) Food service shall be available during all times in which the seating area is open for business.

(f) Alcoholic beverages, when permitted under any other ordinance, shall not be served or consumed in any public area which is outside the partitioned seating area of the front yard.

(g) All areas comprising the seating area, including tables and chairs, shall remain clean and orderly at all times.

(h) No persons other than those consuming food prepared on the premises or personnel pertaining to the establishment preparing the food shall be within the seating area except for those persons passing through the seating area to enter or exit the establishment.

(3) No sidewalk cafe shall be permitted within the public right-of-way fronting any property which is located within 100 feet of a school or house of worship as measured from lot line to lot line.

[1] Editor's Note: See also Ch. 684, Sidewalk Cafes.