A.
The purpose of the industrial zones is to provide a protective zone
for a park-like development of industry that is based on the performance
of an industry, as well as the type of industry. In order to secure
this type of development, the various criteria herein described must
be met. These criteria have been established so as to provide a healthful
operating environment for industry, for the protection of industry
from the encroachment of commercial and residential uses adverse to
the operation and expansion of such industry and to protect industries
within the district from the adverse effect of other incompatible
industries and, at the same time, to reduce to a minimum the impact
of industries on surrounding nonindustrial land uses; to lessen traffic
congestion; to prevent detrimental effects on the use or development
of adjacent properties or the general neighborhood; to minimize pollution
and the negative impact of industrial development on the environment;
and to promote the health, safety, morals, comfort and welfare of
the present and future inhabitants of the districts.
B.
The industrial zones shall consist of a TI Transitional Industrial
Zone, I Industrial Zone, AI Airport Industrial Zone and a PI Planned
Industrial Zone.
Within the TI Transitional Industrial 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:
A.
Permitted uses.
(1)
Research, experimental and testing laboratories.
(2)
Business and professional offices.
(3)
Printing plants.
(4)
Municipal buildings.
(5)
Banks or savings institutions.
(6)
Warehouses, provided that loading and unloading operations shall
be prohibited each day between the hours of 10:00 p.m. and 7:00 a.m.
(7)
Retail outlet sales incidental and occasional to the main permitted
use, provided that the sales area shall not exceed 2% of gross floor
area of the structure.
(8)
Airport offices and hangers for storage of aircraft but only
within a TI Transitional Zone immediately abutting an AI Airport Industrial
Zone, provided that inflammable materials shall not be stored in any
part of the hanger.
(9)
Landscaping and lawn service establishments subject to the following:
(a)
No temporary structures, other than that incidental to the main
use on site, shall be permitted.
(b)
No retail sales of any item shall be permitted.
(c)
All parking shall be unpaved gravel parking at the following
specifications: four inches of quarry processed stone, two inches
of three-fourths-inch clean stone on top.
(d)
Only machinery used in connection with and in the operation
of the business conducted on site shall be kept on site. All machinery
shall be stored in an area screened from view on all sides when not
in use.
(e)
Sanitary facilities shall be provided on site as required by
the New Jersey Department of Environmental Protection (NJDEP) and
approved by the NJDEP and Borough Health Department.
B.
Prohibited uses. All other uses shall be specifically prohibited.
C.
Special requirements.
(1)
Except for employee and visitor parking, all operations in the
TI Transitional Industrial Zone, including but not limited to loading
and unloading of supplies and equipment, shall be conducted entirely
within an enclosed building.
(2)
There shall be a landscaped buffer area of at least 100 feet
in width and following lot lines of industrial property where adjacent
to residential zones, except where separated by a railroad or any
public street or highway. Such landscaping shall be approved by the
municipal agency.
(3)
No warehouse loading facility or garage door shall be located
on the side of a building or structure facing the nearest residential
zone.
Within the PI Planned Industrial 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:
A.
All industrial uses shall be permitted, provided that such uses comply
with the performance standards as herein provided and provided further
than such uses shall not be otherwise specifically prohibited.
B.
Special requirements.
(1)
An area of at least 100 feet in width and following lot lines
of any industrial property where adjacent to an existing public street
or any residential zone shall be landscaped with plantings so as to
form a living visual barrier so as to minimize the visual impact of
the industrial development on adjacent residential properties.
(2)
Each lot shall be developed in accordance with the plan as a
single entity containing one or more structures with appurtenant common
areas to accommodate one primary industrial use and any other uses
incidental to the primary use.
Within the I Industrial 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:
A.
Permitted uses.
(1)
All industrial uses are permitted, provided that such uses comply
with the performance standards as herein provided and provided further
that such uses shall not be otherwise specifically prohibited.
(2)
Landscaping and lawn service establishments, subject to the
following:
(a)
No temporary structures, other than those incidental to the
main use on site, shall be permitted.
(b)
No retail sales of any item shall be permitted.
(c)
All parking shall be unpaved gravel parking at the following
specifications: four inches of quarry processed stone, two inches
of three-fourths-inch clean stone on top.
(d)
Only machinery used in conjunction with and in the operation
of the business conducted on site shall be kept on site. All such
machinery shall be stored in an area screened from view on all sides.
(e)
Sanitary facilities shall be provided on site as required by
the NJDEP and approved by the NJDEP and Borough Health Department.
B.
Special requirements.
(1)
Except for customer and employee parking, no more than 10 licensed
or unlicensed vehicles shall be parked outside any auto body and repair
shop, and all such vehicles shall be screened from any public street
and surrounding properties by the main building, natural vegetation
or plantings and other screening methods as shall be required by the
municipal agency.
(2)
An area of at least 50 feet in width and following lot lines
of industrial property where adjacent to nonindustrial properties
shall be properly landscaped and maintained to form a buffer strip.
Within the AI Airport Industrial Zone, 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.
Permitted uses.
(1)
All uses permitted in the I Industrial Zone.
(2)
Airports, airport offices, hangars for storage of aircraft,
shops for repair and maintenance of aircraft, gasoline filling stations
used only for the operation and maintenance of aircraft, and other
necessary buildings incidental to the operation and maintenance of
aircraft, provided that inflammable materials shall not be stored
in any part of the hangar except in a lean-to attached thereto and
partitioned therefrom by fireproof walls in accord with standard practices.
B.
Special requirements. An area of at least 50 feet in width and following
lot lines of industrial property where adjacent to nonindustrial properties
shall be properly landscaped and maintained to form a buffer strip.
Retail outlet sales, incidental and occasional to the main permitted
use, shall be permitted in all industrial zones between the hours
of 9:00 a.m. and 7:00 p.m. for three consecutive days, once annually,
during the month of December of each year.
The following uses shall be prohibited in all industrial zones:
A.
Processes of assembly, manufacture or treatment constituting an unusual
nuisance by reason of odor, smoke or noise, when placed in proximity
to residential or business areas, including but not limited to the
manufacture of animal black, lamp black, or bone black; the manufacture
or refining of asphalt; the manufacture or processing of cork, fertilizer,
linoleum or oil cloth, soap and glue or gelatin; the tanning, curing,
storage or cleaning of hides and skins; the rendering of tallow or
other fats; slaughterhouses; the manufacture of paint, oil and varnish;
boiler works or drop forges; smelting mills, foundries, forges, or
rolling mills; stock yards; vinegar manufacturer; starch, glucose
or dextrin manufacturing; and the production of power except by diesel
generators for emergency power and solar and wind energy collectors.
B.
Any process of assembly, manufacture, or treatment constituting an
unusual hazard of fire, explosion or chemical fumes and gases, including
but not limited to the manufacture or bulk storage of fireworks or
other explosives; the manufacture or bulk storage of ammonia, chlorine
or bleaching powder; pyrexin plastic manufacture of article therefrom;
rubber or gutta percha manufacture or treatment; wood pulling or scouring;
sulphurous, sulfuric, nitric, picric, carbolic or hydrochloric acid
manufacture; disinfectant, insecticide or poison manufacture; and
the manufacture of poisonous or noxious gases except when they are
limited by-products of permitted processes.
C.
Junkyards or automobile wrecking yards, or yards used for the storage
of discarded automobiles and yards used for the handling or storage
of scrap paper, rags, bottles or other refuse.
D.
The production, manufacture, extraction, distillation or refinement
of raw materials for fragrances or flavors.
E.
The keeping of hogs.
F.
The erection of a building or the structural alteration of a building
for dwelling purposes, except that dwelling quarters in connection
with any industrial establishment may be established in industrial
districts for watchmen and caretakers and their families employed
upon the premises.
G.
Public parking garage.
H.
Truck or bus terminals.
I.
Any process or experimentation which utilizes radioactive material
or results in the production of radioactive wastes or by-products.
J.
Used car lots.
K.
Trailer courts as defined in the Trailer Court Code of New Jersey.
L.
The processing of garbage or other refuse matter by the use of an
incinerator or other means designed to dispose of animal or vegetable
matter, trash, ashes or other refuse matter, either as a principal
or accessory use, including the use of land within the Industrial
District of the Borough for the dumping of garbage for the purpose
of using the same as a landfill in connection with a sanitary landfill
plan.
M.
Dog kennels.
N.
Amusements or commercial recreational uses such as animal zoos, carousels,
roller coasters, whirligigs, merry-go-rounds, Ferris wheels or similar
amusements.
O.
Drive-in fast-food restaurants.
P.
Tank farms.
Q.
Retail stores and shops, except as otherwise permitted.
R.
Outdoor theaters and bowling alleys.
S.
Schools, churches, hospitals, sanitariums, correctional institutions,
cemeteries, mortuaries and funeral homes.
T.
Soil mining operations such as sand, gravel or clay pits or any other
extractive industry.
U.
Stone yard or monument works.
V.
Outdoor display of food and merchandise.
W.
Outdoor storage of automobiles, trucks, or commercial vehicles, machinery and supplies, provided that this provision shall not prohibit the outdoor storage of such vehicles, equipment, machinery and supplies incidental to the main use, effectively screened from the public street and surrounding properties by the main building, natural vegetation or plantings, and/or other screening methods as shall be required by the municipal agency and not located within any buffer area required by § 28-18.2C(2), 28-18.3B(1), 28-18.4B(2) and/or 28-18.5B. Overnight parking of any automobile, truck, or commercial vehicle shall be deemed to be outdoor storage. Notwithstanding anything to the contrary above, in the PI and TI Zones no more than a combined total of six automobiles, trucks and/or commercial vehicles may be stored outdoors on any lot, and the area devoted to all other outdoor storage may not exceed 5% of the area of the footprint of the principal building.
X.
Outdoor storage of excavation and construction equipment.
Any use in an industrial zone shall conform to the performance
standards in this section. Initial and continued compliance with performance
standards shall be required of every use. Prior to the issuance of
any building permit or certificate of occupancy for use in any industrial
zone, the governing body may require any applicant to furnish, at
his expense, a certificate of a recognized testing laboratory as evidence
of compliance with such standards. In the event of complaints to or
on request of the governing body at any further date, submission of
a similar certificate of compliance may be required in accordance
with the specifications prescribed by the governing body.
A.
Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided, at any point, with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply. In determining the acceptability of an applicant as to health and hazard to the community, under Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park, the judgment of the municipal agency shall prevail.
B.
Noise.
(1)
General. No noise shall be conveyed across lot lines so as to
interfere unreasonably with the comfortable enjoyment of life and
property in the Borough. All provisions of the State of New Jersey's
Noise Control Act of 1971,[1] as amended and augmented, and the following provisions
stated, whichever shall be more stringent, shall be complied with.
Conformance with said provisions shall not be deemed conclusive proof
of the nonexistence of either a nuisance or the more subjective state
of annoyance. The following shall be exempt from the provisions of
this section:
(a)
Construction.
(b)
Taxiing, landing and taking off of aircraft.
(c)
Stationary, non-emergency signaling devices.
(d)
Explosives, firearms and similar devices.
(e)
Emergency signaling devices.
(f)
Domestic power tools.
(g)
Refuse collection vehicles.
(h)
The unamplified human voice.
(i)
Railway locomotives and cars.
(j)
All agricultural activities.
[1]
Editor's Note: See N.J.S.A. 13:1G-1 et seq.
(2)
The sound-pressure levels emanating from any source of acoustic noise, excepting those sources enumerated in Subsection B(1) of this section, shall not exceed at any time the maximum values of Table 1 when measured in the designated octave and in accordance with the referenced American National Standards at any point on the lot line of the lot containing the noise source or at 100 feet from the noise source, whichever shall be less.
(3)
There shall be no noise emanating from any building or equipment
which exceeds the values given in Table 1 in any octave band of frequency.
The sound-pressure level shall be measured with sound-level meters
and/or analyzers conforming to United States of America Standard Specification
for General Purpose Sound-Level Meters, S1.4-1961, or latest revisions,
United States of America Standard Specifications for Octave, Half-Octave
and Third-Octave Band Filter Sets, S1.11-1966 or latest revision,
published by United States of America Standards Institution, New York,
New York.
|
Table 1
Sound Pressure Level Decibels
re 0.0002 dyne-cm2
| |||
|---|---|---|---|
|
Point of Measurement
| |||
|
Octave Band Center Frequency
(cycles per second)
|
Property Line
|
Residential Zone Boundary
| |
|
31.5
|
76
|
65
| |
|
63
|
74
|
67
| |
|
125
|
68
|
66
| |
|
250
|
63
|
59
| |
|
500
|
57
|
52
| |
|
1,000
|
52
|
46
| |
|
2,000
|
45
|
37
| |
|
4,000
|
38
|
26
| |
|
8,000
|
32
|
17
| |
C.
Glare.
(1)
No source of light shall cause direct, reflected or sky-reflected
glare exceeding one footcandle. Said glare shall be measured at any
point greater than 50 feet from the boundary of the property from
which it emanates.
(2)
No source of light shall cause a color rendering effect perceptible
without the aid of instruments at or on any portion of a residential
or recreational zone or area.
(3)
This regulation shall not apply to such lights or beacons as
may be required for compliance with safety standards or regulations
of the Borough, county, state or federal government or their agencies.
D.
Shock. No use shall be permitted which disseminates any shock or
vibration detectable by the unaided human senses beyond the boundaries
of the lot on which such use is located. Detection of said shock and
vibration may be made without the use of measuring instruments.
E.
Electrical disturbance.
(1)
No activities shall be permitted which produce electrical disturbance
adversely affecting the operating of any equipment at any point outside
the lot.
(2)
All machines, engines, equipment or processes which are inherently
capable of generating electromagnetic interference, whether radiated
or conducted or both, shall be designed or modified to conform to
all applicable requirements of the Communications Act of 1934, Sections
15 and 18 of the Rules and Regulations of the Federal Communications
Commission, and all future amendments or revisions which shall be
enacted by the Federal Communications Commission.
F.
Radioactive radiation. No activities are permitted which would raise
the radiation above the normal background level beyond the boundaries
of the lot.
G.
Air pollution. All provisions of the New Jersey Air Pollution Control
Code shall apply.
H.
Odors. No odorous material may be emitted into the atmosphere in
quantities sufficient to be detected by the human senses without instruments
at any point along the property line or at any point outside of the
property lines for periods aggregating more than five minutes in any
hour.
I.
Solid, liquid and thermal waste. No waste shall be discharged into
any watercourse other than the public sewer. All methods of waste
disposal shall be approved by the Borough Health Department and the
New Jersey Department of Environmental Protection.
A.
More than one building or structure may be built on any one lot, provided that the total area of the buildings does not exceed the maximum lot requirements as set forth in Article III, Schedule of General Requirements, of this chapter and provided that all the minimum lot and yard requirements are complied with and further provided that each building or structure is related to one main permitted use on each lot, except as otherwise specified by ordinance.
B.
Off-street parking is required in the following amount in relation
to floor area:
C.
The design of off-street parking areas shall be subject to the following
requirements:
(1)
Each parking space for a passenger vehicle shall be nine feet
by 20 feet.
(2)
Suitable walkways shall be provided between cars and buildings.
(3)
The parking lot shall be paved, marked, graded and well drained.
(4)
A minimum of 10 feet of grass and landscaped area shall be provided
between the parking lot and the property line, except that where a
lot line delineates between industrial and residential zones, such
landscaped area would be in addition to any buffer area requirements.
(5)
A minimum of 50 feet of grassed and landscaped area shall be
provided between the parking lot and any public road or street.
(6)
All roadways intended for ingress and egress shall be so designed
as not to disrupt traffic on the public roads and streets.
D.
Loading facilities. Off-street loading and unloading facilities shall
be provided for each establishment. No loading docks will be permitted
in any areas defined as front yards.
A.
All buildings, with the exception of airport hangars, must be finished
with brick or stone veneer, split face or rib block or any other finished
materials of aesthetic and structural quality meeting the approval
of the municipal agency. All airport hangars must have one of the
above or a metallic facade.
B.
Landscaping.
(1)
All that area between the street right-of-way line and the required
building setback line not used as driver or pedestrian walks shall
be devoted to planting of grass, trees, shrubs, flowers or appropriate
plant materials and shall be suitably maintained.
(2)
All buffer strips must be landscaped; there shall be a living
wall erected of nondeciduous vegetation along the entire residential
zone line. The municipal agency may require decorative fencing for
further screening purposes.
C.
Outdoor storage. All materials and equipment shall be stored in completely
enclosed buildings or shall be otherwise screened by such walls, fences
and landscaping as may be permitted by this chapter and determined
by the municipal agency to be adequate to appropriately screen such
materials and equipment from outside the boundaries of the lot. No
outdoor storage or display shall be permitted in the setback zones.
