Except as a principal use in the B-3 Zoning District, amusement
devices are only permitted as an accessory use in the B-1, B-2, B-3
and B-4 Zoning Districts and only if all of the following requirements
are complied with:
A. There shall be 60 square feet of operating area for each amusement
device. The calculation of the operating area shall exclude any area
of the premises which is used for other purposes but shall include
access and walkways primarily serving said amusement device.
B. The maximum area devoted for all amusement devices at a ratio of
60 square feet for each device shall not exceed 20% of the gross floor
area of the establishment or 360 square feet, whichever is less. Use
of more than 360 square feet of operating area for amusement devices
shall be deemed to be a principal use.
C. No amusement device shall be used, placed, maintained or operated
in any back room of the premises where the device is licensed.
D. No amusement device shall be used, placed, maintained or operated
in any premises within 500 feet of a school, church or other house
of worship. The distance shall be measured from the nearest entrance
of the school or church to the nearest entrance of the premises on
which the amusement device is located or is sought to be located along
the route that a pedestrian would normally walk.
The following uses and buildings are deemed inappropriate to
the Township of Nutley, inimical to the public health, safety, welfare
and morals and may not be established in any zoning district created
by this chapter:
H. Advertising signs, roof signs and pylon signs.
I. Boarding and rooming houses.
J. Any use violating the performance standards of §
700-42.
K. The raising and keeping of livestock and poultry.
L. Sewage treatment plants or processing, conversion storage or treatment
of by-products derived therefrom.
M. All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 6-1-2021 by Ord. No. 3473]
N. Smoke
shop.
[Added 5-16-2023 by Ord. No. 3514]
O. Vape shop.
[Added 5-16-2023 by Ord. No. 3514]
P. Tattoo
parlors.
[Added 8-1-2023 by Ord. No. 3521]
[Amended 2-19-2019 by Ord. No. 3414]
A "mixed use" is the use of a building, multistories in height, for residential and business uses, the residential use of which shall be permitted on the second and third floors of mixed use buildings. The first floor of a building shall be determined by "street level entry" to the building regardless of topographical conditions. Mixed use buildings containing residential uses shall only be permitted in the B-1 and B-3 districts in accordance with §§
700-15 and
700-17. A mixed use building with a residential use is strictly prohibited in any B3-A or B-4 Districts, which permits a mix of nonresidential mixed uses only. A mixed use building is permitted in accordance with the following regulations and restrictions:
A. The required off-street parking in conjunction with a mixed use building shall be equal to the sum of the required off-street parking in Article
XIII per each use.
B. The maximum density for a mixed use building is established in the
Schedule of Regulations as to Bulk, Height and Other Requirements
(§ 700 Attachment 3).
C. A minimum of 30% of the first floor of a mixed use building shall
be nonresidential interior space based on the footprint of the largest
floor.
D. The minimum size of a one-bedroom unit shall be 925 square feet.
A two-bedroom unit shall be a minimum of 1,175 square feet.
E. Every room area of 69 square feet or more (except the kitchen, the
living/dining room, and bathroom) shall be considered as a bedroom,
regardless of the building plan designation.
F. Where more than 50% of the street frontage between intersecting streets
or between an intersecting street and the Township boundary line is
developed with business uses, the front yard requirement shall be
equal to the average front yards of the existing business buildings
between the intersecting streets, or between an intersecting street
and the Township boundary line, on the same side of the street calculated
to the nearest foot. However, in no case shall a building be located
closer than three feet to the right-of-way line of Franklin Avenue.
G. Where less than 50% of the street frontage between intersecting streets,
or between an intersecting street and the Township boundary line,
is developed with business uses, the front yard requirement shall
be three feet from the right-of-way line of Franklin Avenue and 10
feet from the right-of-way line of any other street.
The following uses are established as conditional uses in the zones designated below, subject to the requirements of §§
700-43 and
700-45.
The following specific standards shall apply to the conditional
uses listed in the Schedule of Conditional Uses:
A. Elementary and secondary schools, provided that all requirements
for the zone are met except as follows:
(1) Elementary and secondary uses subject to public school facility regulations
pursuant to N.J.S.A. 18A:18A-16 as now or hereafter amended, provided
that the following condition is met: The capital project plan proposed
shall have been presented to the Nutley Township Planning Board pursuant
to N.J.S.A. 40:55D-31.
(2) Elementary and secondary uses which are exempt from the provisions
of N.J.S.A. 18A:18A-16 shall be subject to fulfillment of the following
conditions:
(a)
Site plan approval as set forth in Chapter
600, Site Plan Review.
(b)
The lot shall be sufficient size for the following:
[1]
The placement of the school facility.
[2]
The placement of all other structures such as greenhouses, storage
buildings, school bus maintenance buildings or garages and any other
structures, above or below ground, which are to be placed thereon.
[3]
There shall be multipurpose physical education and recreation
field(s), both indoor and outdoor, which are required to support the
achievement of the Core Curriculum Content Standards as defined by
the educational specifications under New Jersey law and to ensure
participation in traditional physical education programs and organized
team activities such as softball, soccer, etc.
[4]
There shall be disabled-access pedestrian walkways, roadways,
and parking areas on which people and vehicles access the building.
[5]
There shall be public and service access roads onto the site,
including, where warranted, a one-way school bus road of thirty-foot
width and a two-way road of thirty-six-foot width; a school bus drop-off
area sufficient to accommodate at least four school buses; and an
eighteen-foot-wide posted fire lane for fire apparatus.
[6]
There shall be thirty-foot-wide access around the entire building.
[7]
There shall be sufficient access for fire and emergency vehicles
from at least two separate access points.
(c)
Minimum lot size shall be sufficient to accommodate the foregoing,
but in no event less than five acres.
(d)
Minimum side yard: 30 feet.
(e)
Minimum rear yard: 30 feet.
(f)
A drop-off area shall be provided for at least four buses, Type
1, 40 passengers.
(g)
Notwithstanding any other section of this chapter, where any
elementary school or secondary school adjoins a residential use or
residential zone, there shall be a ten-foot-wide landscaped strip
adjoining the residential lot line, unless a wider buffer is specifically
required. The landscaping shall consist of densely planted evergreens
at least six feet high at planting.
B. Nursery schools and day-care centers, both licensed by the State
of New Jersey, provided that:
(1) Any outdoor play area is located at least 10 feet from any property
line in any residence zone and that such play area is screened by
an evergreen hedge or landscaped wood fence or landscaped solid decorative
masonry wall at least four feet in height in conformance with applicable
codes.
(2) The lot containing the nursery school or day-care center shall contain
at least 10,000 square feet and shall be at least 75 feet wide.
(3) A drop-off area accommodating at least two cars shall be provided
on the property.
C. Satellite dishes, as defined in §
700-3, except a small and/or medium dish, are a permitted use when located in the rear yard. If they are to be located in the side yard or upon a roof, they are permitted as a conditional use as an accessory structure to a principal use. All satellite dishes are subject to the following standards:
(1) There shall be one satellite dish per lot or principal structure,
whichever is less, and shall be solely an accessory structure to a
principal use.
(2) The dish shall be no more than 10 feet in diameter and no higher
than 11 feet from the base (including the stand) to the highest point
of its outer circumference, with any extensions.
(3) The satellite dish shall be the mesh variety, shall contain no lettering,
advertising or identification markings and shall be of a color which
best blends with the surroundings.
(4) The location of satellite dish shall be as follows:
(a)
Rear yard.
[1]
Satellite dishes shall be located in the rear yard. It shall
be at least 10 feet away from the principal structure, eight feet
away from adjoining property line, at least 50 feet away from any
side street line and at least 50 feet away from any front street line.
[2]
If the location of the satellite dish in the rear yard is satisfactory
for purposes of receiving satellite signals but the applicant is unable
to comply with the setback requirements of this subsection, then the
Planning Board, without application fee, shall have the authority
to adjust the setback requirements consistent with the purpose of
this subsection.
(b)
Side yard.
[1]
The satellite dish must be at least five feet away from the
principal structure, 10 feet away from any side street line, eight
feet away from adjoining property line and at least 50 feet from the
front street line.
[2]
If the location of the satellite dish in the side yard is satisfactory
for purposes of receiving satellite signals but the applicant is unable
to comply with the setback requirements of this subsection, then the
Planning Board, without application fee, shall have the authority
to adjust the setback requirements consistent with the purposes of
this subsection.
(c)
In the event that the location of the satellite dish in the
side yard and the rear yard imposes an unreasonable limitation on
or prevents the reception of satellite-delivered signals by the applicant
or imposes costs on the applicant that are excessive in light of the
purchase and installation costs, then the Planning Board, without
application fee, may authorize a permit to place a satellite dish
on top of existing structures, consistent with the safety, health
and aesthetic objectives of the Township and the ability to receive
signals.
(5) Where the applicant desires a permit for the placement of a satellite
dish in a location other than the rear yard, the applicant shall have
the burden of proving the unreasonableness of the rear or side yard
location. A location shall be considered reasonable if the applicant
is able to receive usable satellite signals from the major communication
satellites.
(6) Whenever the satellite dish is placed in the rear yard or in a location
other than atop the principal structure, all wiring to or from the
dish shall be placed underground.
(7) It is the purpose of this subsection to regulate the construction,
erection and use of satellite dishes consistent with a citizen's right
to receive and utilize satellite signals. The size and shape of satellite
dishes present health, safety and aesthetic concerns to the community,
and it is the purpose of this subsection to locate the satellite dishes
in the rear yard whenever and wherever possible. It is further the
purpose of this subsection to locate the satellite dishes on the ground.
Finally, it is the purpose of this subsection to limit rooftop locations
of satellite dishes to those applicants who are unable to receive
satellite signals at other reasonable locations upon the property.
(8) The Planning Board shall not be permitted to charge any fees for
consultants retained by the Board in connection with any application
under this subsection.
(9) A transmitting dish in a residential zone or a residential use in
a mixed use zone is not a permitted use, except for amateur radio
operators licensed by the Federal Communications Commission at the
licensee's authorized station location. The Planning Board is hereby
authorized to grant a conditional use permit for such antennas subject
to reasonable requirements, consistent with orders and opinions of
the Federal Communications Commission concerning public health and
aesthetics.
(10)
All applications for satellite dishes shall be accompanied by
a certified survey map showing location, setbacks, height, size, type
of construction and direction of orientation of the dish. Plans shall
be drawn to scale. Height shall be measured from the ground level.
(11)
Notwithstanding the above, in a PRD Zone, a single maximum ten-foot-diameter
master satellite dish serving the townhouse units in individual sections
of the PRD Zone shall be permitted, provided that the satellite dish
shall be set back a minimum of 50 feet from the boundary lines of
the PRD and a minimum of 10 feet from the structures.
D. Public utility buildings and facilities.
(1) The proposed installations shall meet all the requirements of the
Public Utilities Commission.
(2) The minimum lot area for the zone district in which the use is located
shall be met.
(3) All yard and setback requirements of the zone district shall be met;
provided, however, that no yard shall be less than the height of the
facility nor shall any facility be located within 100 feet of a residential
district boundary line.
(4) Adequate off-street parking shall be provided. Parking areas and
driveways shall meet parking setback requirements of the zone district.
(5) Building design shall be consistent with the character of the neighborhood
in which the use is to be located.
(6) The Board may impose such conditions as it may deem appropriate with
respect to, among other matters, traffic and parking arrangement,
the amount of off-street parking, building design and appearance and
landscaping.
(7) Notwithstanding any other section of this chapter, where a public
utility building or facility abuts a residential use or residential
zone, there shall be a ten-foot-wide landscaped strip adjoining the
residential lot line, unless a wider buffer is specifically required.
The landscaping shall consist of densely planted evergreens at least
six feet high at planting.
E. Community residences for the developmentally disabled and community
shelters for victims of domestic violence, subject to the following
standards:
(1) Shall be permitted as a conditional use in all residence districts,
provided the group home houses more than six persons, but no more
than 15 persons, excluding resident staff.
(2) All setbacks, maximum lot coverage and height shall comply with the
requirements for the residence district in which the group home is
located.
(3) One off-street parking space shall be provided for each staff member
on the shift with the greatest number of staff members.
(4) All principal and accessory structures shall be designed and constructed
so as to be compatible with the appearance of a one-family residence.
(5) No such residence shall be located within 1,500 feet of another property
devoted to the same use.
(6) All such residences shall be fully licensed by the State of New Jersey.
(7) A conditional use permit need not be issued if the facilities within
the Township exceed, exclusive of residential staff, 50 persons or
1/2 of 1% of the population of the Township, whichever is greater.
F. Houses of worship, together with religious uses related thereto,
subject to the following standards:
(1) Minimum lot size: 25,000 square feet.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 25 feet.
(5) Minimum side yard: 20 feet.
(6) Minimum rear yard: 25 feet.
(7) Maximum height (exclusive of steeples): three stories; 35 feet.
(9) Notwithstanding any other section of this chapter, where a house
of worship adjoins a residential use or residential zone, there shall
be a ten-foot-wide landscaped strip adjoining the residential lot
line, unless a wider buffer is specifically required. The landscaping
shall consist of densely planted evergreens at least six feet high
at planting.
G. Clubhouses for civic, charitable, recreational, cultural, veterans
or fraternal organizations, subject to the following standards:
(1) Minimum lot size: 25,000 square feet.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 25 feet.
(5) Minimum side yard: 20 feet.
(6) Minimum rear yard: 25 feet.
(8) Maximum building height: two stories; 30 feet.
(9) Parking: two for each five persons of maximum seating capacity by
the Uniform Construction Code.
(10)
Notwithstanding any other section of this chapter, where a clubhouse
adjoins a residential use or residential zone, there shall be a ten-foot-wide
landscaped strip adjoining the residential lot line, unless a wider
buffer is specifically required. The landscaping shall consist of
densely planted evergreens at least six feet high at planting.
I. Gasoline filling stations, automobile service stations, auto repair
shops and public garages, subject to the following standards:
(1) Minimum lot area: 10,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 20 feet to canopy or nearest pump island; 30
feet to principal building.
(5) Minimum rear yard: 10 feet.
(6) Minimum side yard: 10 feet.
(7) Maximum coverage: 20%, including canopy.
(8) Maximum height: one story; 15 feet.
(9) Required parking pursuant to Article
XIII. There shall be a minimum of one on-site parking space for each two employees, and one parking space for each service vehicle. There shall be no repairs conducted outside of the building. There shall be no sale or rental of vehicles.
(10)
A report shall be obtained from the Police and Fire Departments,
and any recommendations in that report shall be considered by the
Planning Board.
(11)
All signs shall comply with the regulations of this chapter.
(12)
Notwithstanding any other section of this chapter, where a gasoline
filling station abuts a residential use or residential zone, there
shall be a ten-foot-wide landscaped strip adjoining the residential
lot line, unless a wider buffer is specifically required. The landscaping
shall consist of densely planted evergreens at least six feet high
at planting.
J. Used car lots, subject to the following standards:
(1) Minimum lot area: 10,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 10 feet for parked cars; 20 feet for building.
(5) Minimum rear yard: 10 feet.
(6) Minimum side yard: 10 feet.
(8) Maximum height: one story; 15 feet.
(9) There shall be a minimum of one on-site parking space for each two
employees. There shall be no repairs conducted on the site. There
shall be no string lighting, banners or pennants. All signs shall
comply with the regulations of this chapter.
(10)
A report shall be obtained from the Police and Fire Departments,
and any recommendations in that report shall be considered by the
Planning Board.
(11)
All necessary state permits and licenses shall be obtained.
(12)
Notwithstanding any other section of this chapter, where a used
car lot abuts a residential use or residential district, there shall
be a ten-foot-wide landscaped strip adjoining the residential lot
line, unless a wider buffer is specifically required. The landscaping
shall consist of densely planted evergreens at least six feet high
at planting.
K. Car washes, subject to the following standards:
(1) Minimum lot area: 10,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 25 feet.
(5) Minimum rear yard: 10 feet.
(6) Minimum side yard: 10 feet.
(8) Maximum height: one story; 15 feet.
(9) There shall be a minimum of one on-site parking space for each three
employees. There shall be no repairs conducted on the site. There
shall be no string lighting, banners or pennants. All signs shall
comply with the regulations of this chapter.
(10)
There shall be stacking for at least eight cars at the site.
(11)
Drainage plans and calculations prepared by a licensed engineer
shall be submitted and approved by the Township Engineer.
(12)
A report shall be obtained from the Police and Fire Departments,
and any recommendations in that report shall be considered by the
Planning Board.
(13)
Notwithstanding any other section of this chapter, where a car
wash abuts a residential use or residential district, there shall
be a ten-foot-wide landscaped strip adjoining the residential lot
line, unless a wider buffer is specifically required. The landscaping
shall consist of densely planted evergreens at least six feet high
at planting.
L. Hospitals and nursing homes for the intermediate or long-term care
of human beings as regulated by state law, subject to the following
standards:
(1) Minimum lot size: four acres.
(2) Minimum lot width: 400 feet.
(3) Minimum lot depth: 400 feet.
(4) Minimum front yard: 35 feet.
(5) Minimum rear yard: 25 feet.
(6) Minimum side yard: 20 feet.
(8) Maximum height: three stories; 35 feet.
(9) Off-street parking shall be provided in accordance with Article
XIII of this chapter.
(10)
Notwithstanding any other section of this chapter, where a hospital
or nursing home abuts a residential use or residential district, there
shall be a ten-foot-wide landscaped strip adjoining the residential
lot line, unless a wider buffer is specifically required. The landscaping
shall consist of densely planted evergreens at least six feet high
at planting.
M. Immediate care facilities, subject to the following standards:
(1) Minimum lot area: 40,000 square feet.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 200 feet.
(4) Minimum front yard: 25 feet.
(5) Minimum rear yard: as per zone requirements.
(6) Minimum side yard: as per zone requirements.
(8) Maximum building height: two stories; 25 feet.
(9) Parking: one space for each 200 square feet of total floor area.
(10)
Notwithstanding any other section of this chapter, where an
immediate care facility abuts a residential use of a residential district,
there shall be a ten-foot-wide landscaped strip adjoining the residential
lot line, unless a wider buffer is specifically required. The landscaping
shall consist of densely planted evergreens at least six feet high
at planting.