Within the R-40 and R-20 Residential Zones, no premises, building
or structure shall be used and no building or structure shall be erected
or altered to be used in whole or in part for any other than the following
purposes:
A.
Single-family dwelling used as a residence by not more than one family.
B.
Extended family dwelling. An extended family dwelling unit within
an extended family dwelling shall have separate cooking, sleeping,
and sanitary facilities from the principal dwelling unit. However,
an extended family dwelling unit shall be subject to the following
restrictions:
(1)
An extended family dwelling unit shall not exceed 550 square feet
and shall not exceed one bedroom.
(2)
An extended family dwelling unit shall share a common unseparated
entranceway and exit way with the principal dwelling unit.
(3)
An extended family dwelling unit shall share common utility meters
with the principal dwelling unit.
(4)
An extended family dwelling unit shall not be permitted in an two-family
house.
(5)
Home occupations and professional offices shall not be permitted
in an extended family dwelling.
(6)
A building permit for an extended family dwelling shall require evidence
of a recordation of a restrictive covenant, running with the land,
prohibiting occupancy by two families unrelated by blood or marriage
in any extended family dwelling.
D.
Professional offices. The use of a portion of a dwelling as a professional
office shall be permitted, provided that such use shall be restricted
to the first floor of the building and shall not exceed 25% of the
total floor area of the building.
Within the R-10 Zone no premises, building or structure shall
be used and no building or structure shall be erected or altered to
be used in whole or in part for any other than the following purposes:
Within the R-15 Residential Zone, no premises, lot, building
or structure shall be used and no building or structure shall be erected
or altered to be used in whole or in part for any other than the following
purposes:
B.
Special requirements for two-family dwellings.
(1)
Minimum lot size shall be 22,500 square feet.
(2)
Minimum floor area shall be a total of 1,750 square feet.
(3)
Each dwelling unit shall contain a minimum floor area of 650 square
feet.
(4)
Professional offices shall not be permitted.
(5)
Each unit shall be supplied with two separate enclosed entrances
and the front entrance shall not open upon a common hall or stairway.
The following rooms shall be provided in each of the dwelling units:
living room, kitchen-dining room, and one or more bedrooms and a bathroom.
Each unit shall be supplied with a separate accessory storage area
with individual access.
(6)
Two-family dwellings in new subdivisions of three acres or more shall
be limited to 1/2 the total number of dwellings to be built.
A.
Accessory uses on the same lot and customarily incident to the permitted
dwelling unit shall not include a business but may include:
(1)
Detached garage of capacity as follows:
(a)
R-10 and R-15 Zones: capacity not to exceed two automobiles
and 12 feet in height and eight-foot door height.
(b)
R-20 and R-40 Zones: capacity not to exceed three automobiles
and 12 feet in height and eight-foot door height.
(c)
All such detached buildings shall be located not less than 35
feet to the rear of the front line of any existing dwelling or, if
no dwelling exists, 35 feet to the rear of the legal setback line.
(3)
Stands for the sale of farm or garden products raised on the premises,
excepting, however, the sale of fowl or livestock. Stands shall be
located at least 25 feet from any property line and said stand shall
be of a temporary nature and removed from the front or side yard when
not in use.
(4)
Garage sales. The sale of used personal household items, incidental
to the residential premises upon which the sale is being conducted,
provided that not more than two sales, having a duration of not more
than two consecutive days each, shall be permitted in each calendar
year.
B.
Off-street parking requirements for all residential zones.
(1)
R-10: two off-street parking spaces at least one of which shall be
enclosed in a garage or carport; one space per extended family dwelling
unit.
(2)
R-15: two off-street parking spaces per dwelling unit, one of which
shall be enclosed in a garage or carport (four spaces for two-family
dwelling); one off-street space per extended family dwelling unit
(three spaces total).
(3)
R-20 and R-40: two off-street parking spaces per dwelling unit, one
of which shall be enclosed in a garage or carport; one off-street
parking space per extended family dwelling unit.
(4)
Professional office: one space for each 100 square feet of floor
area or portion thereof used for such purposes.
(5)
Home occupation: one parking space additional to the two residential
required if home occupation is engaged in at the residence.
(6)
All driveways and parking areas of new construction shall be surfaced
with concrete, rock, crushed stone or bituminous pavement and shall
be graded and drained of surface water as approved by the Borough
Engineer or Building Inspector.
A.
Single-family dwellings and extended family dwellings shall be permitted
in the PRD I Zone in accordance with the standards applicable to the
R-20 Zone.
B.
Planned residential development (PRD) option.
(1)
Purposes.
(a)
The purposes of this section shall be the following: to provide
an optional method of development pursuant to and in accordance with
the provisions of the Municipal Land Use Law[1] in order to provide standards and criteria that will encourage
development resulting in a more efficient use of land and provision
for public services to housing; to encourage innovations in residential
development so that the growing demands of the population may be met
by a greater variety and flexibility of housing density, design and
type; to foster conservation and more efficient use of open space
ancillary to residential development so that greater opportunities
for better housing and conveniently located recreation may extend
to all residents of this municipality; to reflect changes in the technology
of land development so that resulting economics may inure to the benefit
of those who need homes; to lessen the burden of traffic on streets
and highways; and to conserve the value of the land.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(b)
The Borough recognizes that due to the nature of remaining developable
lands within the Borough, development may further aggravate existing
problem conditions involving such matters as traffic, flooding, drainage
and potable water supply and may strain recreation and other municipal
services. To ameliorate such problem conditions and to lessen the
burden on municipal services, the Borough desires to provide a development
option which offers an opportunity for the use of modern design, construction,
technology and planning methods that will advance and promote sound
growth and the general welfare of the municipality; strengthen and
sustain its economic potentials; provide adequate, safe, efficient,
economical municipal services and utilities; and establish appropriate
patterns for the distribution of population in a variety of housing
accommodations which are compatible with the modern way of life and
coordinate with the protection and enhancement of natural beauty and
resources and harmony with their surroundings, both within and without
the Borough, and in order to provide for a variety of ancillary service
activities, parks, playgrounds, recreational areas, parking and other
open space in orderly relationship to each other and in conformity
with the development of the Borough as a whole.
(2)
Permitted uses. Within the planned residential development, no premises,
lot, building or structure shall be erected or altered to be used
in whole or in part for any other than the following purposes:
(a)
One or more residential townhouse clusters. The election of
the planned residential development (PRD) option shall exclude all
other uses except as hereinafter provided.
(b)
Open spaces such as parks, preserves, recreation areas or facilities,
tennis courts, golf courses, lakes, ponds, bikeways, playgrounds,
swimming facilities, drainage or other ways and other similar uses
along with structures and accessory features appurtenant thereto primarily
for the benefit of the planned residential development.
(c)
The following signs shall be permitted:
[1]
Signs located on the premises of and at the entrance of a planned
residential development. The total surface area of any such sign shall
not exceed 32 square feet in surface area. No more than one sign shall
be permitted per entrance.
[2]
Directional signs for the convenience of the residents to identify
parking areas, rental offices, recreation areas, entrances and exits,
which signs shall not exceed two square feet in surface area.
(d)
Professional offices, provided that:
[1]
There shall be not more than one professional office unit per
building, provided that the total number of office units shall not
exceed 5% of the total number of units in any planned residential
development.
[2]
The use of a portion of a building as a professional office
shall not exceed 25% of the total floor area of the building or shall
not exceed the floor area equivalent to the smallest dwelling unit
in the building, whichever is less.
[3]
The professional office shall be ancillary and contiguous to
an adjacent dwelling unit occupied as a residence by the professional.
[4]
The hours of operation shall be limited to 9:00 a.m. to 9:00
p.m.
[5]
There shall be one off-street parking space specifically provided
and designated for each 100 square feet of floor area or portion thereof
used for such purposes.
(e)
Accessory uses customarily incidental to the above permitted
uses.
(3)
Density standards.
(a)
The overall density in a planned residential development shall
be determined by the municipal agency based upon the following criteria,
provided that such overall density shall not be in excess of eight
dwelling units per acre of land within the Borough of Lincoln Park:
[1]
The proposed planned residential development shall not adversely
affect the safe and reasonable use of surrounding properties.
[2]
The nature and extent of common open spaces appurtenant to the
planned residential development are appropriate, reasonably related
and sufficient to meet the needs of the residents of the development.
[3]
The planned residential development shall not adversely affect
soil and topographic conditions, including the flood hazard areas.
[4]
The planned residential development, as proposed, shall directly
connect to an adequate public water and sanitary sewer system.
[5]
The proposed planned residential development shall not generate
a volume of traffic which will overburden roads and intersections
thereof in the Borough or in adjacent municipalities.
[6]
The planned residential development shall not produce sewage
flows exceeding the density capacity of the receiving sewer.
[7]
The proposed planned residential development shall not overburden
public facilities and services, in general.
[8]
The planned residential development shall not affect the natural
drainage so as to increase flooding conditions or degrade stream or
groundwater quality.
[9]
The proposed planned residential development shall not have
a substantial adverse impact on the natural wildlife habitat in the
adjacent Commercial Recreation Zone.
[10]
The proposed planned residential development shall
be economically feasible and related to the existing and future housing
needs of the Borough.
(b)
The municipal agency shall consider the information and studies provided by the applicant and any experts or staff services that it may wish to employ, together with the information and studies as provided in accordance with Chapter 17, Land Development Review, Article XVI, § 17-16.3, of the Code of the Borough of Lincoln Park.
(4)
Parking requirements. There shall be off-street parking facilities
for two automobiles for each dwelling unit. Each parking space shall
consist of at least 180 square feet. A reasonable number of car shelters
may be provided in conjunction with uncovered parking to lessen the
amount of outside paved parking as may be appropriate in the particular
case.
(5)
Height requirements. The height of any townhouse structure shall
not exceed 32 feet. The maximum height of any community building shall
be 35 feet.
(6)
Common open space. The percentages of common open space shall be
determined by the municipal agency prior to any approval based upon
the following criteria, provided that such percentage of common open
space shall not be less than 50% of the total planned residential
development area:
(a)
Consideration thereof shall be given in establishing the density
requirement as part of the negotiation process with the developer,
and the municipal agency may in its discretion consider the existence
of commonly owned and contiguous land in an adjoining municipality
dedicated to common open space by covenant, deed restriction or grants,
easements, or other reservations of record not to exceed, however,
50% of the required minimum.
(b)
The areas required for common open space shall not include areas
designated as sidewalks, roads, drives, paved parking areas, required
front yard and those side yards as established by the municipal agency.
(7)
Area requirements. All planned residential developments shall have
a contiguous area within the Borough of not less than 50 acres.
A.
Purposes.
(1)
The PRD II Zone is patterned in its purpose after the PRD I Zone. Reduced minimum lot sizes are authorized to provide incentive for creative land use in development of smaller parcels of land. The provisions of § 28-5.5B(1), Purposes, are incorporated herein by reference.
(2)
The municipal agency shall consider the information and studies provided by the applicant and consultant expert and staff services, together with the information and studies provided in accordance with Chapter 17, Land Development Review, Article XVI, § 17-16.3, of the Code of the Borough of Lincoln Park.
B.
C.
General requirements.
(1)
The minimum lot size for development shall be five acres.
(2)
The gross density shall not exceed eight dwelling units per acre.
(3)
In the case of development where the individual units are to be offered for sale, all common open space may be offered for dedication to and accepted by the Borough or shall be placed in an open space organization pursuant to Article XV of Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park.
(4)
An overall theme of design and architecture shall be utilized within
every development for the purpose of presenting an aesthetically desirable
effect. Development shall provide varied building elevations, design
and structural appearance.
(5)
Each dwelling unit shall have direct access to a privilege patio
or deck area.
D.
Dimensional requirements.
(1)
There shall be a minimum frontage of 200 feet for PRD II development
fronting upon an accepted public street, improved to the street standards
and specifications of the Borough.
(2)
No structure shall be closer than 50 feet to any development boundary
line.
(3)
The minimum width of a dwelling unit shall be 20 feet.
(4)
The minimum yard requirement for a principal building in the PRD
II Zone shall be a front yard of 100 feet, a side yard of 30 feet
and a rear yard of 50 feet. For an accessory building in the PRD II
Zone the minimum requirements shall be a side yard of 25 feet and
a rear yard of 25 feet. No building shall be located closer than 25
feet to any internal parking area or drive.[1]
(5)
Not more than eight dwelling units shall be contained within any
one building. Connections by architectural elements and covered walkways
are permitted and shall not be considered contrary to this limitation.
(6)
The front facade of any building shall not continue on the same plane
for a distance of more than the width of two adjacent dwelling units
or 40 feet.
(7)
The minimum distance between buildings shall be determined by the municipal agency, pursuant to § 28-6.7 of this chapter.
(8)
The maximum height of any building shall be 32 feet.
(9)
The minimum usable floor area of a one-bedroom unit shall be 600
square feet. The minimum usable floor area of a two-bedroom unit shall
be 900 square feet. The minimum usable floor area of a three-bedroom
unit shall be 1,200 square feet.
(10)
No garage, cellar or storage area shall be counted towards meeting
the minimum floor area requirements for dwelling units.
(11)
Each unit may include a garage or carport.
(12)
Thirty-two square feet of storage space shall be provided in
the building for each unit. This shall be in addition to any closet
space within the units.
E.
Parking and circulation.
(1)
Each development of eight or more acres, or smaller developments
with frontages on two existing streets, shall be provided with at
least two access roads as means of traffic ingress and egress to the
development. Said roads shall not be less than 200 feet apart.
(2)
Points of ingress and egress shall not be located within 200 feet
of an existing intersection or road condition deemed hazardous.
(3)
All streets and roads shall contain curb. Sidewalks may be required
at the discretion of the municipal agency.
(4)
A minimum of two paved off-street spaces shall be provided for each
dwelling unit. Each space shall be a minimum of nine feet by 20 feet
and clearly delineated. An area shall be designated and set aside
for expansion of off-street parking. The agency may require an area
to be set aside for optional separate garage structures having design
and construction materials in conformity with dwelling structures.
There shall be no parking in the front yard setback.
(5)
Garage spaces, if provided, shall count toward the off-street parking
requirements.
(6)
Lighting shall be provided to minimize hazards to pedestrians and
motor vehicles along streets, roads and driveways, in parking areas
near exterior and interior dwelling entrances and along pedestrian
walks.
(7)
All streets and drives shall be built to the standards of the Borough
of Lincoln Park for minor streets and such drives and streets may
be dedicated to the Borough. Two-way streets shall have a forty-foot
right-of-way and 30 feet of pavement; one-way streets shall have a
thirty-foot right-of-way and 20 feet of pavement. Setbacks shall be
measured from the curbline but not the right-of-way line.
F.
Utilities and services.
(1)
Every dwelling unit shall be served by public water and public sanitary
sewer which shall be installed by and at the expense of the developer.
In addition, the developer shall install, at his own expense, internal
roads, public streets, parking facilities, all-weather pedestrian
walkways, streetlights, fire hydrants and any other improvements,
such as drainage facilities, as required in accordance with the standards
and ordinances of the Borough of Lincoln Park.
(2)
All utilities within a development shall be installed underground.
(3)
In the event common refuse pickup areas are provided, they shall
be located for the occupants' convenience. All such areas shall be
screened with evergreens on three sides and planted to the height
of at least four feet.
G.
Landscaping and screening.
(1)
All developments shall be provided with liberal and functional landscaping
schemes. Roads and pedestrian walks shall be provided with shade trees
which are at least a minimum size and character in accordance with
the recommendations of the Shade Tree Committee of the Borough.
(2)
Disturbed open space adjacent to buildings, malls between buildings intended for utilization by residents and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or planted with trees and shrubs or any combination thereof. Areas not used for buildings, terraces, drives, parking spaces and other disturbed areas shall be seeded, landscaped, and maintained in a proper condition. These areas shall be placed in a common open space organization plan, pursuant to Article XV of Chapter 17, Land Development Review.
(3)
Not less than two exterior exposures shall be permitted for each
unit, each of which shall be properly pierced so as to provide through
ventilation or cross ventilation for each unit.
(4)
Television antenna equipment shall be built into the building to
eliminate individual antennas being erected upon the roof. This subsection
shall not apply to a common antenna tower, provided that such tower
receives all required municipal approvals.
(5)
Built-in air-conditioning units shall not project more than two inches
from the face of the wall of the building in which they are installed.
(6)
Where necessary to shield occupants and adjoining properties from
unsightly, disturbing or light-glaring areas, screening or buffers
consisting of a solid evergreen hedge at least five feet tall at planting
shall be installed. A fence consisting of solid wood or decorative
masonry shall be required around outdoor utilities (and other similar
areas) and along developed property lines. Along parking areas, natural
landscaping buffers and wood fences shall be required in lieu of masonry.
(7)
The developer shall furnish, together with the plans and specifications required under Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park, landscaping plans drawn by a licensed professional, indicating landscaping intended for the development as well as plans for lighting the grounds, roads, drives, walks, parking areas, and building entrances. Additional plans shall show contours, drainage areas, streams, wooded areas and any other natural features of the land in a natural state before development proposals.
(8)
The owner shall provide for maintenance of medial grass strips or
other landscaped common areas.
(9)
There shall be a buffer strip of at least 25 feet in width on all
lot lines adjoining zone district lines and on all lot lines adjoining
existing improved residential property. No buffer shall be required
where such lot line borders a public street. All such buffer strips,
if wooded, shall remain in their natural state or otherwise planted
with a landscaped visual screen at least six feet in height.
(10)
Maximum impervious surface shall not exceed 50%.
[Added 8-16-2021 by Ord. No. 9-21, effective 9-6-2021]
A.
General requirements. The following shall apply to a temporary storage
structure or temporary storage structure unit to be located upon residential
private property:
(1)
The internal area shall be limited to a size of not less than 392
cubic feet (seven feet by seven feet by eight feet) and not greater
than 1,024 cubic feet (16 feet by eight feet by eight feet).
(2)
The temporary storage structure or unit shall not contain advertising
or other writing, except to identify the manufacturer or owner of
the temporary storage structure or unit.
(3)
No more than two temporary storage structures or units shall be located
on a single parcel of private property.
(4)
At the time of application to the Zoning Officer for a zoning permit
for a temporary storage structure or unit, the applicant shall provide
a survey of the property. The Zoning Officer shall mark the survey
with the location the temporary storage structure unit is to be placed.
(5)
A temporary storage structure unit may be placed on private residential
property only after a ten-day zoning permit is issued by the Zoning
Officer to the owner of such property. No fee shall be required for
issuance of an initial ten-day zoning permit.
(6)
Should a period longer than 10 days be requested by the property
owner, a temporary storage structure or unit shall be permitted to
be placed and remain on the said private property, provided that:
(a)
A zoning permit extension application is submitted to the Zoning
Officer prior to the expiration of the initial ten-day period.
(c)
The permitted temporary storage structure or unit shall not
remain on such private property after the expiration of 90 consecutive
days unless a further extension zoning permit shall be applied for
and issued prior to the said expiration.
(7)
In no event shall a temporary storage structure or unit remain on
private residential property for any period beyond 180 consecutive
days from the date of issuance of the initial permit.
(8)
Permit requests for temporary storage structures or units on properties
not owned by the applicant shall be accompanied by an original written
consent of the owner, landlord or governing body of a tenant/condominium
association. This consent shall specify a requested location on the
property and the requested duration.
B.
Where located.
(1)
A temporary storage structure or unit is prohibited from being located
within a public right-of-way or in the front yard of a private property
except as may be approved otherwise by the Zoning Officer. No temporary
storage structure shall obstruct the visibility or free flow of pedestrian
or vehicular traffic.
(2)
A temporary storage structure or unit shall be located in a driveway
or other property location at the furthest point from the street.
It shall be placed on the paved, off-street surfaces of the property
where such exist.
(3)
The Zoning Officer shall determine the location on the private property
where the temporary storage structure unit shall be located. The Zoning
Officer's determination shall be guided by due consideration for accessibility
and safety.
C.
Required permit fees. The zoning permit extension application for
any period following the expiration of the initial ten-day period
shall be accompanied by a permit fee as follows:
D.
Enforcement; violations and penalties.
(1)
The owner of private property within the Borough of Lincoln Park
upon which any temporary storage structure or unit is located without
the prior approval of the Zoning Officer required pursuant to this
section shall be subject to the penalties set forth below.
(2)
The Zoning Officer, Fire Prevention Officer and the Police Department
shall be responsible for enforcing the provisions of this section.
(3)
Any temporary storage structure or unit not in compliance with this
section is and shall be declared to be a public nuisance and may be
abated by the Borough at the expense of the owner of the private property,
the owner of the temporary storage structure or unit or other person
or legal entity deemed responsible.
(4)
The owner of the private property, the owner of the temporary storage
structure or unit or other person or legal entity deemed responsible
for a temporary storage unit not removed within five days after the
date of a written notice of violation issued under this section shall
be subject to a summons to the Municipal Court of the Borough and
a fine.
(5)
The fine to be determined under this section is as follows: Failure
to obtain the necessary permit or maintaining a temporary storage
structure or unit on the property beyond the maximum limit of 180
days will result in a fine up to $100 per day, per violation, beginning
on the sixth day after issuance of a notice of violation.
