A.
The intent of this article is to establish a precise and detailed
plan for the use of land and buildings in the Township of Cranford
based upon the Township Master Plan and any amendments thereto and
other studies and findings enacted in order to promote and protect
the public health, safety, morals, comfort, convenience and the general
welfare of the people.
B.
This Zoning Article shall be viewed as permissive. After the adoption
of this chapter, no use or structure shall be permitted in the Township
which is not listed as a permitted, accessory or conditional use or
unless permitted by the Zoning Board of Adjustment.
C.
The Township of Cranford and all of its owned and operated buildings,
structures and uses are specifically exempt from the provisions of
this article.[1]
[1]
Editor's Note: Ordinance No. 91-11, which originally added
this subsection, also provided that nothing in the ordinance would
exempt the Township of Cranford from meeting all federal and state
regulations and that before the development of any property or structures,
the Township of Cranford shall apply to the Cranford Planning Board
for its nonbinding recommendation and that notice of hearing with
respect to the application shall be given to property owners within
200 feet of the subject property.
A.
Designation of zoning districts. For the purpose of this article,
the Township of Cranford is hereby divided into districts or zones,
to be designated as follows:
[Amended 3-30-2021 by Ord. No. 2021-03]
R-1
|
One-Family Detached Residence District
| |
R-2
|
One-Family Detached Residence District
| |
R-3
|
One-Family Detached Residence District
| |
R-4
|
One-Family Detached Residence District
| |
R-5
|
One- and Two-Family Residence District
| |
R-6
|
Townhouse Residence District
| |
R-7
|
Garden Apartment Residence District
| |
R-8
|
Apartment Residence District
| |
R-SC-1
|
Senior Citizen Apartment Residence District
| |
IMR
|
Inclusionary Multifamily Residence District
| |
D-C
|
Downtown Core District and Downtown Core Overlay District
| |
D-B
|
Downtown Business District and Downtown Business Overlay District
| |
D-T
|
Downtown Transition District and Downtown Transition Overlay
District
| |
VC
|
Village Commercial District
| |
NC
|
Neighborhood Commercial District
| |
O-1
|
Low-Density Office Building District
| |
O-2
|
Medium-Density Office Building District
| |
ORC
|
Office Residential Character District
| |
C-1
|
Commercial - 1 District
| |
C-2
|
Commercial - 2 District
| |
C-3
|
Commercial - 3 District
| |
E-1
|
Education District
| |
P-1
|
Public Use District
| |
R-CC
|
Cranford Crossing Redevelopment District
| |
R-WG
|
Western Gateway Rehabilitation District
| |
R-R
|
Riverfront Redevelopment District
| |
R-ARR
|
Age-Restricted Redevelopment District
| |
FO
|
Floodplain Overlay District
| |
PO
|
Park Street Overlay District
|
B.
Zoning Map. The location and boundaries of the above districts are
hereby established on the Zoning Maps of the Township of Cranford
in Union County, dated October 2014, including the revised section
of the Zoning Map which is attached hereto and made a part of this
article. Said map or maps and all notations, references and designations
shown thereon shall be a part of this article as if the same were
all fully described and set forth herein.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter and can also be viewed on the Township's website.
C.
Designation of district boundaries.
(1)
Unless otherwise noted, the district boundary lines are intended
generally to follow the center lines of streets; the center lines
of railroad rights-of-way; existing lot lines; the center lines of
rivers, streams and other waterways; and municipal boundary lines.
However, where a district boundary line does not follow such a line,
its position shall be shown on the Zoning Map by a specific dimension
expressing its distance in feet from a street line or other boundary
line as indicated.
(2)
In the event that a district boundary line divides one or more lots,
then the zone boundary line shall be considered the lot limit for
computing all area, bulk, yard, buffer and any other dimension requirements
specified in this article, unless a zone district boundary line falls
within 20 feet of a lot line existing at the time of passage of this
chapter, then the lot line shall be considered the zone boundary line.
(3)
In cases of uncertainty or disagreement as to the true location of
any district boundary line, the determination shall be made by the
Board of Adjustment.
The Schedule of Area, Yard and Building Requirements is contained
in Schedule 1 at the end of this chapter and is a part hereof.
[1]
Editor's Note: See Schedule 1 included as an attachment to this chapter.
A.
General.
(1)
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used, for
any purpose or in any manner other than as specified among the uses
listed as permitted, accessory or conditional in the district in which
such building or land is located.
(2)
No building or structure shall be erected, reconstructed or structurally
altered to exceed in height the limit designated for the district
in which such building or structure is located.
(3)
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity with the yard, lot area and building
location regulations hereinafter designated for the district in which
such building or open space is located.
(4)
No yard or other open space provided for any building for the purpose
of complying with the provisions of this article shall be considered
as providing a yard or other open space for any other building on
any other lot.
(5)
No land in a residential zone shall be used to fulfill open space,
minimum area, minimum yard and setback requirements, parking or other
similar requirements for uses in nonresidential zones.
(6)
The area or dimension of any lot, yard, parking area or other space
shall not be reduced to less than the minimum required by this article,
and, if already less than the minimum required by this article, said
area or dimension shall not be further reduced.
(7)
The maximum floor area ratio or impervious surface coverage set forth
in Schedule 1 shall not be exceeded or, if already more than the maximum,
shall not be further increased.
B.
Lot regulations.
(1)
Nonconforming lot. Notwithstanding any other provisions of this article,
any existing nonconforming lot in the R-1, R-2, R-3, R-4 or R-5 Zone
which is in single ownership, is not adjoining any vacant land and
is nonconforming due to shape, width or area may be improved with
a new structure or building as otherwise permitted by this chapter,
provided that:
(a)
The minimum setback shall be as required in Schedule 1, except
as noted below.
(b)
Required side street setbacks on corner lots may be reduced
one foot for each three feet the lot is under the minimum width required
in the zone district but shall not be reduced below 1/2 the minimum
required setback. (See definition of "yard, street side.")
(2)
Lot width. The minimum lot width shall be maintained from the front
lot line for a distance of not less than 40 feet to the rear of the
required front yard setback line. Where lots front on culs-de-sac
or curved streets, the minimum lot width shall be 65% of the required
minimum or 50 feet, whichever is greater, measured on the arc of the
right-of-way line. Notwithstanding, the minimum lot width shall be
maintained at the front yard setback line and for a distance of not
less than 40 feet to the rear thereof.
(3)
Corner lots.
(a)
All portions of a corner lot that adjoin streets shall be considered to be front yards and shall be subject to the front yard setback requirements of this article, except as permitted in Subsection B(1)(b) of this section. On a corner lot, the owner or developer shall designate the yard which is to be the rear yard. All yards not designated as a front or rear yard shall be considered to be side yards and shall meet the side yard requirements of this article.
(b)
The lot width shall be measured along each required front yard
setback line between the side property line and the most nearly opposite
street right-of-way line.
(c)
Corner lots in new subdivisions shall be a minimum of 15% larger
than the minimum lot area for the zone.
(d)
Maintenance of adequate intersection sight distances shall be
considered in designing structures, grading and plantings.
(4)
Through lots. A through lot shall be considered as having two street
frontages, both of which shall be subject to the front yard requirements
of this article. Where a lot is bounded on three or more sides by
roads, the side opposite the front yard shall be considered the rear
yard, and the minimum rear yard setback shall be maintained. The remaining
frontage shall be considered a side yard, but the front yard setback
shall be maintained for the side street.
(5)
Frontage upon a street. Every principal building shall be built upon
a lot with the minimum required frontage upon an approved street which
shall be improved in accordance with the street standards established
by the Township of Cranford.
(6)
Number of buildings restricted. There shall not be more than one
principal structure on each lot in the R-1 through R-5 Districts.
(7)
The Township of Cranford is exempt from the applicability of this
chapter for Township properties and public rights-of-way.
C.
Height regulations.
(1)
General application. No building or structure shall have a greater
number of stories or greater height than permitted in the zone where
such building or structure is located.
(2)
Permitted exceptions.
(a)
Height limitations stipulated elsewhere in this chapter shall
not apply to the following when attached to the principal structure:
spires, belfries, cupolas and domes, monuments, chimneys, flagpoles,
private radio and telephone antennas, fire towers, tanks, water towers
and standpipes. All freestanding structures shall be considered as
accessory structures and shall meet the height requirements as set
forth in Schedule 1, except that freestanding light structures shall
not exceed 16 feet in height in any zone.
(b)
Mechanical appurtenances such as condensers, elevator penthouses,
exhaust fans, air-conditioning equipment and other similar equipment
are exempt from height restrictions, provided that they do not extend
more than 12 feet above the maximum height limitations, cover no more
than 20% of the roof area and are properly shielded by a parapet wall.
(c)
In the R-8, D-C, D-B, D-T, O-2, C-1 and C-2 Zone Districts,
penthouses are exempt from height restrictions, provided that they
cover not more than 20% of the main roof area and are not more than
12 feet above the maximum height limitations, and further provided
that all building service equipment and appurtenances are enclosed
in the penthouse in addition to any use permitted in the zone where
located.
D.
Yard regulations.
(1)
Required yards shall be open to the sky and unobstructed, except
that parapets, windowsills, door posts, rainwater leaders and similar
ornamental or structural fixtures may project up to one foot into
such yards.
(2)
Cornices, eaves, bay windows and chimneys may project up to two feet into any minimum required front, side or rear yard as set forth in the Schedule of Zone District Area, Yard and Building Requirements, as annotated, or, in the case of an accessory structure, as provided at § 255-38.
(3)
Uncovered steps only may project up to five feet into a required
front or rear yard. If the existing front yard setback is nonconforming,
uncovered steps may be reconstructed in their existing locations and
footprints, but not increased further in size or encroach further
into the required front yard area.
[Amended 8-16-2016 by Ord. No. 2016-21; 9-11-2018 by Ord. No. 2018-13; 11-23-2021 by Ord. No. 2021-17]
(a)
For properties located within the Floodplain Overlay District, uncovered
steps only may project up to seven feet into a required front or rear
yard and may be located no closer to the front or rear property line
than 15 feet.
(4)
Room air-conditioning equipment, ground-mounted generators, barbecues
or patios may be located only within any side or rear yard, so long
as the furthest extending side is not less than five feet from any
property line. Outside central air-conditioning equipment may be located
only in any side or rear yard, provided that the closest face of the
unit is not less than five feet from the property line.
[Amended 9-27-2016 by Ord. No. 2016-23; 11-23-2021 by Ord. No. 2021-17]
(a)
For properties located within the Floodplain Overlay District, building-mounted
platforms to accommodate air-conditioning equipment or generators
may be placed within a side or rear yard setback, so long as the further
extending side is not less than five feet from any property line and
subject to the following:
(5)
Where any lot abuts a street right-of-way which is proposed to be
widened as indicated on the Master Plan or Official Map of the Township
of Cranford or Master Plan of Union County or by the State of New
Jersey, setbacks shall be measured from such proposed right-of-way.
(6)
In the R-1, R-2, R-3, R-4 and R-5 Zones, a roof with unenclosed sides
over an entrance platform of a dwelling may project into the required
or existing nonconforming front yard setback, provided that the roof
over an entrance platform shall not extend into the required or existing
nonconforming front yard setback more than five feet, nor beyond the
platform and steps, nor shall the total area of the extensions in
the required or existing nonconforming front yard setback exceed 25
square feet.
[Amended 8-16-2016 by Ord. No. 2016-21; 11-23-2021 by Ord. No. 2021-17]
(a)
For properties located within the Floodplain Overlay District, a
roof with unenclosed sides over an entrance platform shall not extend
into the required or existing nonconforming front yard setback more
than seven feet, nor beyond the platform. Nor shall the width of the
extension in the required or existing nonconforming front yard setback
exceed one-third of the width of the front facade wall of the dwelling.
Steps accessing the entrance platform may be covered by a roof and
project no further than four feet from the entrance platform into
the required or existing nonconforming front yard setback.
E.
Attics and attic stories.
(1)
Attic space may be improved in accordance with the requirements of
the New Jersey Uniform Construction Code if it does not meet the definition
of a story or if, in the course of such improvement, it is modified
in such a way that it does not become a story in excess of the number
of stories permitted in this article.
(2)
Attic space, which meets the definition of "attic story," may be
improved as habitable living space when the building exceeds the number
of stories permitted in this article if there is no increase to the
square footage or volume associated with the attic which may be associated
with, but not limited to, enlarged windows, new dormers or altered
rooflines.
The use regulations applicable to each zone district within
the Township of Cranford are as follows. (Note that "PPU" is permitted
principal use; "CU" is conditional use.)
A.
Residential districts.
(1)
Principal permitted and conditional uses.
Uses
|
Districts Where Permitted
| ||||||||
---|---|---|---|---|---|---|---|---|---|
R-1
|
R-2
|
R-3
|
R-4
|
R-5
|
R-6
|
R-7
|
R-8
|
R-SC-1
| |
Community residences for developmentally disabled1
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
—
|
—
|
—
|
—
|
Community shelters for victims of domestic violence2
|
Permitted in all zones
| ||||||||
Family day-care homes3
|
Permitted in all zones
| ||||||||
Detached 1-family dwellings
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
—
|
—
|
—
|
—
|
Detached 2-family dwellings
|
—
|
—
|
—
|
—
|
PPU
|
—
|
—
|
—
|
—
|
Semidetached 1-family dwellings
|
—
|
—
|
—
|
—
|
CU
|
PPU
|
CU
|
—
|
—
|
Attached 1-family dwellings
|
—
|
—
|
—
|
—
|
CU
|
PPU
|
CU
|
—
|
—
|
Garden apartment dwellings
|
—
|
—
|
—
|
—
|
—
|
—
|
PPU
|
CU
|
—
|
Apartment dwellings
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
PPU
|
—
|
Farms
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
Farm stands
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
Country clubs and private swimming clubs
|
PPU
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
Institutional and public uses
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
—
|
—
|
Essential services
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
PPU
|
NOTES:
| |
---|---|
1
|
One through six residents, excluding staff.
|
2
|
One to five residents. Each such facility shall register
its street address with the Cranford Township Police Department prior
to commencement or continuation of operations, for the purpose of
expediting emergency services response.
|
3
|
Three to five children. Each such facility shall register
its street address with the Cranford Township Police Department prior
to commencement or continuation of operations, for the purpose of
expediting emergency services response.
|
(2)
Accessory uses.
Uses
|
Districts Where Permitted
| ||||||||
---|---|---|---|---|---|---|---|---|---|
R-1
|
R-2
|
R-3
|
R-4
|
R-5
|
R-6
|
R-7
|
R-8
|
R-SC-1
| |
Customary accessory uses
|
Permitted in all zones
| ||||||||
Signs
|
Permitted in all zones
| ||||||||
Parking facilities to serve a principal permitted use
|
Permitted in all zones
| ||||||||
Personal recreational facilities
|
Permitted in all zones
|
(3)
Inclusionary Multifamily Residence District.[1]
(a)
Purpose. The purpose of the Inclusionary Multifamily Residence
(IMR) District is to provide an opportunity for the construction of
up to 360 multifamily residential units on Block 291, Lot 15.01, and
Block 292, Lot 2 (215 to 235 Birchwood Avenue), of which not less
than 15% shall be reserved for low- and moderate-income households
in accordance with applicable affordable housing regulations.
(b)
Permitted principal uses.
[1]
Multifamily dwellings.
[2]
Parking garages (other than podium parking) serving multifamily
residential dwellings subject to the following requirement: the parking
garage structure must be wrapped by a building containing multifamily
residential dwellings on at least three sides of the four-sided parking
structure.
(c)
Accessory uses.
[1]
Trash and garbage collection areas which are fully screened.
[2]
Maintenance, leasing and administration offices and storage
buildings, swimming pools and other community recreational facilities
(noncommercial) associated with multifamily residential uses are allowed
in all yards but the front yard.
[3]
Podium parking in multifamily residential structures.
[4]
Ground-level parking.
(d)
Minimum tract area: 15 acres.
(e)
Yard and bulk regulations.
[1]
Lot frontage: minimum of 750 feet.
[2]
Front yard setback: The average front yard setback of the buildings
from Birchwood Avenue shall be 30 feet, with a minimum front yard
setback requirement of 25 feet.
[3]
Side yard setback: minimum of 55 feet.
[4]
Rear yard setback: minimum of 175 feet.
[5]
Impervious coverage. Impervious coverage, as defined in N.J.A.C.
7:8-1.2 (definition of "impervious surface"), or such successor stormwater
management regulations as may be promulgated by the State of New Jersey,
shall not exceed the impervious coverage in existence as of the December
9, 2011, date of filing of the Order Granting Relief in Exclusionary
Zoning Litigation (Docket Nos. UNN-L-0140-08 and UNN-L-003759-08).
[6]
Building height. The maximum height of Building A shall be three
stories of residential units above a maximum of one level of parking,
and the maximum height of Building B shall be four stories of residential
units or three stories of residential units above a maximum of one
level of parking. For purposes of this subsection, a story shall mean
a "story" as defined in §§ 202 and 505.1 of the 2009
International Building Code, New Jersey Edition. The maximum height
of all buildings shall be 55 feet to the mid-point of the roof.
[7]
Multifamily residential building to multifamily residential
building distance requirements: minimum of 25 feet.
(f)
Site perimeter requirements.
[1]
Buffer requirements.
[a]
A minimum of 10 feet of landscape buffer shall
be provided along the eastern lot line of 215 Birchwood Avenue. The
landscaping shall consist of evergreen trees.
[b]
A minimum buffer area of 150 feet shall be maintained
along the rear property line. Within this buffer area, additional
vegetation shall be planted to create a complete stand of understory
and mature trees to form a continuous visual screen along the rear
perimeter of the developed area (parking lots and buildings) and shall
be planted in a proper fashion to create an evergreen screen at least
10 feet in height within three growing seasons. Trees shall be planted
at a minimum of 2 1/2 inches in caliper. Evergreens shall be
planted at a minimum of six feet in height.
(g)
Density. A maximum residential density of up to 24 units per
acre of gross tract area is permitted for the construction of up to
360 multifamily residential units, provided that a minimum of 15%
of the dwelling units are deed restricted for occupancy by low- and
moderate-income households in accordance with applicable affordable
housing regulations.
(h)
Parking requirements. A parking ratio of a minimum of 1.85 parking
spaces per residential unit shall be maintained for residential development.
(i)
Supplemental regulations.
[1]
Affordable units shall not be segregated within one building
and shall be allocated throughout the development.
[2]
Buildings and site improvements shall be designed in a manner
reasonably consistent with terms of the court's decision and order
and the terms of required New Jersey Department of Environmental Protection
(NJDEP) permits and approvals.
[1]
Editor's Note: This subsection was originally added by Ord.
No. 2012-11. That ordinance was adopted under protest in order to
obtain second and third round substantive certification and to comply
with the outstanding December 9, 2011, order. If the December 9, 2011,
order is invalidated in any subsequent legal proceeding, Ord. No.
2012-11 shall be considered null and void.
B.
Business districts.
(1)
Principal permitted and conditional uses.
[Amended 9-27-2016 by Ord. No. 2016-23; 3-30-2021 by Ord. No. 2021-03]
Districts Where Permitted
| ||||
---|---|---|---|---|
Uses
|
D-C
|
D-B
|
D-T
|
VC
|
Advertising agencies and website design companies
|
CU
|
CU
|
PPU
|
CU
|
Antique stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Apparel and accessory stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Apparel embroidery and printing stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Appliance and electronic service, supply and repair shops
|
CU
|
CU
|
PPU
|
CU
|
Art galleries
|
PPU
|
PPU
|
PPU
|
PPU
|
Artist and artisan studios and workshops
|
PPU
|
PPU
|
PPU
|
PPU
|
Bakeries
|
PPU
|
PPU
|
PPU
|
PPU
|
Banks and financial institutions
|
CU
|
PPU
|
PPU
|
PPU
|
Banks and financial institutions with drive-through services
|
—
|
CU
|
CU
|
—
|
Bars and taverns
|
PPU
|
PPU
|
—
|
—
|
Beauty and barber shops
|
PPU
|
PPU
|
PPU
|
PPU
|
Bed-and-breakfast hotel
|
CU
|
CU
|
—
|
CU
|
Bicycle repair and sales shops
|
PPU
|
PPU
|
PPU
|
PPU
|
Building supply, garden and hardware stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Camera and photo supply stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Candy stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Child-care centers
|
PPU
|
PPU
|
PPU
|
PPU
|
Coffee shops
|
PPU
|
PPU
|
PPU
|
PPU
|
Convenience stores
|
CU
|
CU
|
CU
|
CU
|
Cooking schools
|
PPU
|
PPU
|
PPU
|
PPU
|
Dance and theatrical studios
|
PPU
|
PPU
|
PPU
|
PPU
|
Delicatessens
|
PPU
|
PPU
|
PPU
|
PPU
|
Educational services
|
PPU
|
PPU
|
PPU
|
PPU
|
Essential services
|
PPU
|
PPU
|
PPU
|
PPU
|
Eyeglass sales and repair
|
PPU
|
PPU
|
PPU
|
PPU
|
Florists
|
PPU
|
PPU
|
PPU
|
PPU
|
Fruit and vegetable stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Funeral homes
|
—
|
CU
|
CU
|
CU
|
Furniture stores
|
—
|
PPU
|
PPU
|
—
|
Gasoline service stations
|
—
|
CU
|
CU
|
—
|
Gift, card and novelty shops
|
PPU
|
PPU
|
PPU
|
PPU
|
Grocery stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Hobby and game shops
|
PPU
|
PPU
|
PPU
|
PPU
|
Home furnishing stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Household appliance sales
|
—
|
PPU
|
PPU
|
—
|
Hotels
|
CU
|
CU
|
—
|
—
|
Institutional and public uses
|
CU
|
CU
|
CU
|
CU
|
Insurance agents and brokers
|
CU
|
CU
|
PPU
|
CU
|
Jewelry stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Laundry and dry-cleaning services
|
PPU
|
PPU
|
PPU
|
PPU
|
Liquor and package goods stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Luggage and leather goods stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Museums and art galleries
|
PPU
|
PPU
|
PPU
|
PPU
|
Musical instrument sales, rentals and repair shops
|
PPU
|
PPU
|
PPU
|
PPU
|
New and used bookstores
|
PPU
|
PPU
|
PPU
|
PPU
|
New and used vehicle sales dealers
|
—
|
CU
|
—
|
—
|
Offices (professional, business, administrative)
|
CU
|
CU
|
PPU
|
PPU
|
Office, professional in dwellings
|
—
|
CU
|
PPU
|
PPU
|
Office supply and support stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Paint and wallpaper stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Party goods stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Performing arts studios
|
CU
|
CU
|
PPU
|
—
|
Pet groomers, supply and purchase stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Pharmacies
|
PPU
|
PPU
|
PPU
|
PPU
|
Photography studios
|
PPU
|
PPU
|
PPU
|
PPU
|
Physical fitness studios, gyms, yoga and martial arts instruction
|
PPU
|
PPU
|
PPU
|
PPU
|
Picture framing
|
PPU
|
PPU
|
PPU
|
PPU
|
Printing and publishing services
|
CU
|
CU
|
PPU
|
CU
|
Public and private garages (structured parking)
|
CU
|
CU
|
PPU
|
—
|
Religious goods stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Residential apartments
|
CU
PPU*
|
CU
PPU*
|
CU
PPU*
|
CU
|
Restaurant
|
PPU
|
PPU
|
—
|
PPU
|
Secondhand and consignment stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Security brokers
|
CU
|
CU
|
PPU
|
CU
|
Shoe and luggage repair
|
PPU
|
PPU
|
PPU
|
PPU
|
Sidewalk cafes
|
PPU
|
PPU
|
PPU
|
PPU
|
Social service agencies
|
CU
|
CU
|
CU
|
—
|
Spa, nail and hair salons
|
PPU
|
PPU
|
PPU
|
PPU
|
Sporting goods stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Stationary stores
|
PPU
|
PPU
|
PPU
|
PPU
|
Tax return preparation service
|
CU
|
CU
|
PPU
|
—
|
Theaters
|
CU
|
PPU
|
—
|
CU
|
Trophy shops
|
PPU
|
PPU
|
PPU
|
PPU
|
Veterinarian office
|
CU
|
CU
|
CU
|
—
|
Watch and clock repair
|
PPU
|
PPU
|
PPU
|
PPU
|
Web-based retailers
|
—
|
—
|
PPU
|
—
|
Notes:
| |
---|---|
*
|
In corresponding Overlay District.
|
(2)
Accessory uses.
Uses
|
D-C
|
D-B
|
D-T
|
VC
| |
---|---|---|---|---|---|
Customary accessory uses
|
Permitted in all zones
| ||||
Signs
|
Permitted in all zones
| ||||
Parking facilities
|
Permitted in all zones
|
C.
Office districts.
(1)
Principal permitted and conditional uses.
[Amended 9-27-2016 by Ord. No. 2016-23; 5-11-2021 by Ord. No. 2021-07]
Uses
|
O-1
|
O-2
|
ORC1
|
NC
| |
---|---|---|---|---|---|
Artist and artisan studios and workshops
|
—
|
—
|
PPU
|
PPU
| |
Bakeries
|
—
|
—
|
—
|
PPU
| |
Banks and financial institutions
|
—
|
CU
|
CU
|
CU
| |
Beauty and barber shops
|
—
|
—
|
—
|
PPU
| |
Business and administrative offices
|
PPU
|
PPU
|
PPU
|
CU
| |
Child-care centers
|
Permitted in all zones
| ||||
Coffee shops
|
—
|
—
|
—
|
PPU
| |
Convenience stores
|
—
|
—
|
—
|
PPU
| |
Data processing and computer firms
|
PPU
|
PPU
|
PPU
|
—
| |
Delicatessens
|
—
|
—
|
—
|
PPU
| |
Essential services
|
PPU
|
PPU
|
PPU
|
PPU
| |
Existing one- and two-family residential dwellings as of 2014
subject to the R-5 Zone standards
|
—
|
—
|
PPU
|
PPU
| |
Florists
|
—
|
—
|
—
|
PPU
| |
Funeral homes
|
—
|
PPU
|
PPU
|
—
| |
Gasoline service stations
|
—
|
—
|
—
|
CU
| |
Institutional and public uses
|
CU
|
CU
|
CU
|
CU
| |
Nursing homes, long-term care facilities and rehabilitation
centers
|
PPU
|
—
|
—
|
—
| |
Pharmacies
|
—
|
—
|
—
|
PPU
| |
Physical fitness studios, gyms, yoga and martial arts instruction
|
—
|
—
|
—
|
PPU
| |
Professional offices in dwellings
|
CU
|
CU
|
PPU
|
PPU
| |
Research laboratories
|
PPU
|
PPU
|
—
|
—
| |
Residential uses
|
—
|
—
|
CU
|
CU
| |
Restaurants
|
—
|
—
|
—
|
PPU
| |
Tax return services
|
—
|
—
|
—
|
PPU
| |
Veterinarian office
|
—
|
PPU
|
—
|
PPU
|
Notes:
| ||
---|---|---|
1
|
Development in the ORC District is subject to supplemental use regulations found in § 255-37J.
|
(2)
Accessory uses.
Uses
|
O-1
|
O-2
|
ORC
|
NC
| |
---|---|---|---|---|---|
Customary accessory uses
|
Permitted in all zones
| ||||
Signs
|
Permitted in all zones
| ||||
Parking facilities
|
Permitted in all zones
|
D.
Research-office-industrial districts.
(1)
Principal permitted and conditional uses.
District Where Permitted
| ||||
---|---|---|---|---|
Uses
|
C-1
|
C-2
|
C-3
| |
Animal hospital
|
—
|
PPU
|
—
| |
Banks and financial institutions
|
—
|
PPU
|
—
| |
Business, administrative, executive and professional offices
|
PPU
|
PPU
|
PPU
| |
Car dealers
|
—
|
CU
|
—
| |
Convenience stores with and without gasoline
|
CU
|
CU
|
—
| |
Essential services
|
PPU
|
PPU
|
PPU
| |
Existing one- and two-family residential dwellings as of 2014
subject to the R-5 Zone standards
|
—
|
PPU
|
—
| |
Golf courses
|
—
|
—
|
PPU
| |
Grocery stores
|
—
|
—
|
—
| |
Industrial and manufacturing uses
|
PPU
|
PPU
|
—
| |
Institutional and public uses
|
—
|
—
|
—
| |
Health and fitness clubs
|
—
|
PPU
|
—
| |
Health care facilities
|
—
|
—
|
PPU
| |
Hotels
|
PPU
|
PPU
|
—
| |
Laboratories
|
PPU
|
PPU
|
—
| |
Lawn and garden equipment sales and repair
|
—
|
PPU
|
—
| |
Office distribution centers
|
—
|
—
|
PPU
| |
Performing arts studios
|
—
|
PPU
|
—
| |
Pilot plant operation in conjunction with research lab
|
CU
|
CU
|
—
| |
Professional offices in dwellings
|
PPU
|
PPU
|
—
| |
Recreation facility, commercial
|
—
|
PPU
|
—
| |
Research laboratories
|
PPU
|
PPU
|
PPU
| |
Restaurants
|
—
|
—
|
—
| |
Warehouses
|
PPU
|
PPU
|
—
|
(2)
Accessory uses.
Districts Where Permitted
| ||||
---|---|---|---|---|
Uses
|
C-1
|
C-2
|
C-3
| |
Customary accessory uses
|
Permitted in all zones
| |||
Parking
|
Permitted in all zones
| |||
Signs
|
Permitted in all zones
|
E.
F.
Public Use District.
(1)
Principal permitted uses: public facilities and uses on lands owned
and occupied by the Township of Cranford.
(2)
Conditional uses: none.
(3)
Accessory uses: customary accessory uses, signs and parking facilities.
(4)
Zoning for private use. No premises not owned by the Township of
Cranford, located in this zone, shall be developed or used for any
purpose until such premises shall be zoned for some other use after
referral to the Planning Board in accordance with the Municipal Land
Use Law.
G.
Floodplain Overlay District.
(1)
Purpose. The purposes of these provisions are to supplement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood-fringe portion of flood hazard areas regulated in Chapter 225, Flood Damage Prevention, of this Code to implement the land use regulations of the Federal Emergency Management Agency, United States Department of Housing and Urban Development, to discourage construction and regrading in flood hazard areas, to prevent encroachments into flood hazard areas which would obstruct the area through which water must pass, to prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas, and to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commercial and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:
(a)
Regulating uses, activities and developments which, acting alone
or in combination with other existing or future uses, activities and
developments, will cause increases in flood heights, velocities and
frequencies.
(b)
Restricting or prohibiting certain uses, activities and developments
from locating within areas subject to flooding.
(c)
Protecting individuals from buying lands and structures which
are unsuitable for intended purposes because of flood hazards.
(2)
Compliance. Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, site plan approval has been granted (or subdivision approval in the case of a subdivision) and a permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by state regulations. Any lot containing a flood-fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until site plan approval has been granted. Any regrading or improvement must be in full compliance with the terms of this Subsection G and Chapter 225 and any other applicable ordinances and regulations which apply to structures and uses with the jurisdiction of this Subsection G.
(3)
Establishment of the Floodplain Zoning District.
(a)
Basis of district. The Floodplain District shall include areas subject to inundation by water of the one-hundred-year flood. The basis for the delineation of this district shall be the flood hazard area identified by Flood Insurance Rate Maps and Flood Boundary – Floodway Maps identified in § 225-7 of Chapter 225, Flood Damage Prevention, of this Code, which are hereby adopted by reference and declared to be a part of this subsection. For the purposes of this subsection, the following nomenclature is used in referring to the various kinds of floodplain areas:
[1]
The floodway area (FW) is delineated for purposes of this subsection
using the criteria that a certain area within the floodplain must
be capable of carrying the waters of the one-hundred-year flood without
increasing the water surface elevation of that flood more than 0.2
foot at any point.
[2]
The flood-fringe area (FF) shall be that area of the one-hundred-year
floodplain not included in the floodway. The basis for the outermost
boundary of this district shall be the one-hundred-year flood elevations.
(b)
Overlay concept.
[1]
The Floodplain District described above shall be an overlay
to the existing underlying districts, and the provisions for the Floodplain
District shall serve as a supplement to the underlying district provisions.
[2]
Where there happens to be any conflict between the provisions
or requirements of the Floodplain District and those of any underlying
district, the more restrictive provisions shall apply.
[3]
In the event any provision concerning the Floodplain District
is declared inapplicable as a result of any legislative or administrative
actions or judicial decisions, the basic underlying district provisions
shall remain applicable.
(4)
District boundary changes. The delineation of the Floodplain District
may be revised by the municipality where natural or man-made changes
have occurred and/or more detailed studies conducted or undertaken
by the United States Army Corps of Engineers, a river basin commission
or other qualified agent or individual. However, prior to any such
change, approval must be obtained from the Federal Emergency Management
Agency.
(5)
Interpretation of district boundaries. Initial interpretations of
the boundaries of the Floodplain District shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of the district,
the Zoning Board of Adjustment of the municipality shall make the
necessary determination. The person questioning or contesting the
location of the district boundary shall be given a reasonable opportunity
to present his or her case to the Zoning Board of Adjustment and to
submit his or her own technical evidence if he or she so desires.
(6)
Floodplain District provisions.
(a)
General provisions.
[1]
All uses, activities and developments occurring within the Floodplain District shall be undertaken only in strict compliance with the provisions of this subsection as well as Chapter 225, Flood Damage Prevention, of this Code and with all other applicable codes and ordinances, such as the Building Code and the subdivision and site plan provisions of this chapter. In addition, all such uses, activities and developments shall be undertaken only in compliance with federal or state law.
[2]
Under no circumstances shall any use, activity and/or development
lower the capacity of the channels or floodways of any watercourse,
drainage ditch or any other drainage facility or system.
[3]
Prior to any proposed alteration or relocation of any stream,
watercourse, etc., within the municipality, a permit shall be obtained
from the New Jersey Department of Environmental Protection.
[4]
Further, notification of the proposal by the municipality shall
be given to all affected adjacent municipalities. Copies of such notification
shall be forwarded to the Federal Emergency Management Agency.
[5]
In the Floodplain District, no development shall be permitted
except where any rise in flood height caused by the proposed development
will be fully offset by accompanying improvements which have been
approved by all appropriate local, state and federal authorities as
required above.
[6]
The following obstructions and activities present special hazards
in floodplains: hospitals, public or private, and nursing homes, public
or private. No construction, enlargement or expansion of any of the
obstructions or commencement of any of the activities listed above
shall be undertaken in any one-hundred-year floodplain.[3]
[7]
All new or replacement public sanitary sewer facilities shall
be designed to minimize or eliminate infiltration of floodwaters into
systems and discharges from the systems into the floodwaters. In addition,
they should be located and constructed to minimize or eliminate flood
damage and impact. All new or replacement water facilities shall be
located and constructed to minimize the chance of impairment during
a flood. All utilities, such as gas lines and electrical and telephone
systems, being placed in the floodplain should be located, elevated
(where possible) and constructed to minimize the chance of impairment
during a flood. Adequate drainage shall be provided to reduce exposure
to flood hazards.
[8]
Any structure placed in the floodplain shall be anchored firmly
to prevent flotation, collapse or lateral movement. The Zoning Officer
shall require the applicant to submit the written opinion of a licensed
engineer that the proposed structural design meets this criterion.
[9]
No part of any private sewage treatment and/or disposal system
related to the treatment and renovation of sewage effluent shall be
constructed within the floodplain.
[10]
No materials that can float, that are explosive
or that are toxic to humans, animals or vegetation shall be stored
in the floodplain. Any new or substantially improved structure which
will be used for the production or storage of any of the following
dangerous materials or any dangerous materials or substances, including
but not limited to the following, on the premises shall not be permitted
in the floodplain:
[a]
Acetone.
[b]
Ammonia.
[c]
Benzene.
[d]
Calcium carbide.
[e]
Carbon disulfide.
[f]
Celluloid.
[g]
Chlorine.
[h]
Hydrochloric acid.
[i]
Hydrocyanic acid.
[j]
Magnesium.
[k]
Nitric acid and oxides of nitrogen.
[l]
Pesticides, including insecticides, fungicides
and rodenticides.
[m]
Petroleum products (gasoline, fuel oil, etc.).
[n]
Phosphorus.
[o]
Potassium.
[p]
Radioactive substances.
[q]
Sodium.
[r]
Sulphur and sulphur products.
(b)
Permitted uses. In the Floodplain District, all uses and activities within the underlying district are permitted unless specifically prohibited by this Subsection G.
(c)
Alteration of existing buildings or structures. Any building
or structure within the floodplain at the time of enactment of this
chapter may be altered or extended, provided that:
[1]
The alteration or extension conforms to all applicable regulations
of this chapter.
[2]
The alteration does not constitute a substantial improvement
(50% or more of the structure's market value).
[3]
Any increase in volume or area shall not exceed an aggregate
of more than 25% of such volume or area during the life of the structure.
[4]
For all nonresidential development applications, whenever a
variance for maximum impervious coverage is granted, the property
owner must mitigate the impact of the additional impervious surfaces
unless the stormwater management plan for the development provides
for these increases in impervious surfaces.
[5]
Alterations of existing buildings or structures that meet all requirements listed below shall be exempt from § 255-36G(6)(c)[2] and [3]:
[Added 11-23-2021 by Ord. No. 2021-17]
[a]
The lowest floor of the building is reconstructed or elevated
to at least one foot above the base flood elevation.
[b]
The building footprint is not increased by more than 300 square
feet.
[c]
Any space within the building below the base flood elevation
shall not used as a habitable room, kitchen, bathroom, laundry nor
mechanical room.
(7)
Variances.
[Amended 10-24-2017 by Ord. No. 2017-12]
(a)
In passing upon applications for variances, the applicable board
shall consider all relevant factors and procedures specified in other
sections of this chapter and the following:
[1]
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No variance shall be granted
for any proposed use, activity or development that will cause any
increase in flood levels in the Floodplain District.
[2]
The danger that materials may be swept onto other lands or downstream
to injure others.
[3]
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
[4]
The importance of services provided by the proposed facility
to the community.
[5]
The availability of alternative locations not subject to flooding
for the proposed use.
[6]
The compatibility of the proposed use with existing development
anticipated in the foreseeable future.
[7]
The relationship of the proposed use to the comprehensive master
plan and floodplain management program for the area.
[8]
The safety of access to the property by ordinary and emergency
vehicles in times of flood.
[9]
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwater at the site.
(b)
The applicable board may refer any application and accompanying documentation
pertaining to any request for a variance to any qualified engineer,
person or agency for technical assistance in evaluating the proposed
project in relation to flood heights and velocities and the adequacy
of the plans for protection and other related matters.
(c)
Variances shall only be issued after the applicable board has determined
that the granting of such will not result in:
H.
Downtown
Core Overlay District.
[Added 3-30-2021 by Ord. No. 2021-03; amended 7-13-2021 by Ord. No. 2021-12]
(1)
Purpose. The purpose of the Downtown Core Overlay District is to
provide an opportunity downtown for the construction of multiple-family
housing in developments where not less than 20% of the units shall
be reserved for low- and moderate-income households in accordance
with applicable affordable housing regulations.
(3)
Accessory uses.
(a)
Parking garages which are either wrapped by nonresidential/residential
uses or below grade. Parking facilities may not front upon the street
except for means of ingress or egress unless said frontage is upon
a side street for a distance of less than 50 feet.
(b)
Trash and garbage collection areas which are fully screened.
(c)
Maintenance, leasing and administration offices and storage
buildings, swimming pools and other noncommercial community recreational
facilities associated with multifamily residential uses in all yards
but the front yard.
(4)
Yard and bulk regulations.
(a)
Front yard setback: five feet.
(b)
Side yard setback: none.
(c)
Rear yard setback: minimum of 10 feet.
(d)
Density. A maximum residential density of 40 dwelling units
per acre of gross tract area is permitted for the construction of
dwelling units, provided 20% of the units are deed restricted for
occupancy by very-low-, low- and moderate-income households in accordance
with applicable affordable housing regulations.
(e)
Parking requirements. As required per N.J.A.C. 5:21 Table 4.4
of the Residential Site Improvement Standards for residential development.
(f)
Building height. The maximum height shall be four stories of
residential units or three stories of residential units above a maximum
of one level of parking. For purposes of this subsection, a story
shall mean a "story" as defined in §§ 202 and 505.1
of the 2009 International Building Code, New Jersey Edition. The maximum
height of all buildings shall be 55 feet to the mid-point of the roof.
(g)
Multifamily residential building to multifamily residential
building setback requirements: minimum of 25 feet.
(5)
Supplemental regulations.
(a)
Affordable units shall be allocated throughout the development
and shall not be segregated within one building or portion of a building.
(b)
Affordable units shall comprise at least 20% of the units in
any application for development pursuant to these regulations.
(c)
All affordable units shall be provided in accordance with the
Uniform Housing Affordability Controls (UHAC), applicable rules of
the Council on Affordable Housing and the Fair Housing Act.
(6)
General requirements.
(a)
Circulation.
[1]
The design shall provide for pedestrian and vehicular traffic
movement within and adjacent to the site, with particular emphasis
on the provision and layout of parking areas; off-street loading and
unloading; and movement of people, goods and vehicles from access
roads within the site, between buildings and between buildings and
vehicles. All efforts should be made to limit the number of ingress/egress
points in order to minimize conflicts with pedestrians and vehicles.
[2]
The Planning Board shall ensure that all parking spaces are
usable and are safely and conveniently arranged. Access to the site
from adjacent roadways shall be designed so as to interfere as little
as possible with traffic flow and to minimize potential conflicts
with pedestrian and nonmotorized traffic.
(b)
Design and building layout.
[1]
The design and layout of buildings and parking areas shall be
reviewed so as to provide an aesthetically pleasing design and efficient
arrangement. Particular attention shall be given to safety and fire
protection and impact on and from surrounding development and contiguous
and adjacent buildings and lands.
[3]
Design shall be consistent with § 255-26H notwithstanding § 255-26H(1), Applicability.
(c)
Lighting. Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board. Lights shall
be arranged so as to minimize glare and reflection on adjacent properties.
(d)
Landscaping.
[1]
Landscaping shall be provided as part of the overall development
design to minimize headlight glare, noise, light from structures and
the movement of people and vehicles and to shield activities from
adjacent properties and shall include trees, bushes, shrubs, ground
cover, perennials, annuals, plants, sculpture, art and the use of
building and paving materials in an imaginative manner.
[2]
Landscaping shall be maintained and the owner shall be responsible
for replacement of dead plants, trees or other landscaping items.
[3]
A landscape plan prepared by a certified or licensed landscape
architect, building elevations and lighting and architectural plans
shall be submitted as part of all applications for development in
the D-C Zone.
[4]
In any D-C Zone District, it shall be the intent of the design
guidelines to encourage streetscapes of the highest quality. For any
such zone which abuts a residential zone, the D-C Zone development
shall be designed to be compatible with the character of the adjacent
residential area.
(7)
Utilities.
(a)
Adequate provision shall be made for stormwater drainage, water
supply and sewage treatment and disposal.
(b)
All telephone, electric and CATV service, including outdoor
lighting on the property, shall be by underground conduit.
(c)
Fire hydrants. Fire hydrants shall be installed at locations
specified by the Township. Such hydrants shall be provided with appropriate
water pressure and otherwise adequately maintained by the owner or
owners of the dwelling units. All such hydrants shall conform to the
standards of the National Board of Fire Underwriters or Township requirements,
whichever is more restrictive.
(d)
Solid waste, including recyclable materials. Suitable provision shall be made for the orderly deposit and pick-up of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of Chapter 232 of the Municipal Code of the Township of Cranford as well as the following:
[1]
Each receptacle shall be located in a completely enclosed building.
[2]
Buildings used solely for the purpose of housing receptacles
shall be located at least five feet from an internal roadway and shall
otherwise meet the requirements for accessory buildings.
[3]
Buildings used to house receptacles shall be so located as to
permit convenient vehicular access.
(8)
Developer's obligation to provide affordable housing.
(a)
Prior to the issuance of any construction permit, and as a condition
precedent to the grant of any approval of a development application
by the Planning Board, Board of Adjustment or Zoning Officer, as applicable,
a developer shall be required to enter into an agreement with the
Township Committee to construct at least 20% of all dwelling units
as low- and moderate-income housing units.
(b)
At least 50% of the affordable rental units shall be available
to low-income households with no less than 13% of all affordable units
being affordable to very-low-income households earning no more than
30% of the median income in the housing region (i.e. 37% of the total
number of affordable units available to low-income households and
13% of the total number of affordable units available to very-low-income
households). The remaining 50% of the affordable units shall be available
to moderate-income households. The required agreement shall make provisions
for the developer's obligation to construct the affordable units
and the phasing of construction of market and affordable units shall
provide for the construction of affordable units in tandem with the
market units according to the requirements of N.J.A.C. 5:93-5.6(d).
I.
Downtown
Business Overlay District.
[Added 3-30-2021 by Ord. No. 2021-03; amended 7-13-2021 by Ord. No. 2021-12]
(1)
Purpose. The purpose of the Downtown Business Overlay District is
to provide an opportunity downtown for the construction of multiple-family
housing in developments where not less than 20% of the units shall
be reserved for low- and moderate-income households in accordance
with applicable affordable housing regulations.
(3)
Accessory uses.
(a)
Parking garages (other than podium parking) which are either
wrapped by nonresidential/residential uses or below-grade. Parking
facilities may not front upon the street and sidewalk except for means
of ingress and egress.
(b)
Trash and garbage collection areas which are fully screened.
(c)
Maintenance, leasing and administration offices and storage
buildings, swimming pools and other noncommercial community recreational
facilities associated with multifamily residential uses in all yards
but the front yard.
(d)
Ground-level parking.
(4)
Yard and bulk regulations.
(a)
Front yard setback: five feet.
(b)
Side yard setback: none.
(c)
Rear yard setback: minimum of 10 feet.
(d)
Impervious coverage: Impervious coverage, as defined in N.J.A.C.
7:8-1.2 (definition of "impervious surface"), or such successor stormwater
management regulations as may be promulgated by the State of New Jersey,
shall not exceed 85%.
(e)
Density. A maximum residential density of 30 dwelling units
per acre of gross tract area is permitted for the construction of
dwelling units, provided 20% of the units are deed restricted for
occupancy by low- and moderate-income households in accordance with
applicable affordable housing regulations.
(f)
Parking requirements. As required per N.J.A.C. 5:21 Table 4.4
of the Residential Site Improvement Standards for residential development.
(g)
Building height. The maximum height shall be four stories of
residential units or three stories of residential units above a maximum
of one level of parking. For purposes of this subsection, a story
shall mean a "story" as defined in §§ 202 and 505.1
of the 2009 International Building Code, New Jersey Edition. The maximum
height of all buildings shall be 55 feet to the mid-point of the roof.
(h)
Multifamily residential building to multifamily residential
building setback requirements: minimum of 25 feet.
(5)
Supplemental regulations.
(a)
Affordable units shall be allocated throughout the development
and shall not be segregated within one building or portion of a building.
(b)
Affordable units shall comprise at least 20% of the units in
any application for development pursuant to these regulations.
(c)
All affordable units shall be provided in accordance with the
Uniform Housing Affordability Controls (UHAC), applicable rules of
the Council on Affordable Housing and the Fair Housing Act.
(6)
General requirements.
(a)
Circulation.
[1]
The design shall provide for pedestrian and vehicular traffic
movement within and adjacent to the site, with particular emphasis
on the provision and layout of parking areas; off-street loading and
unloading; and movement of people, goods and vehicles from access
roads within the site, between buildings and between buildings and
vehicles. All efforts should be made to limit the number of ingress/egress
points in order to minimize conflicts with pedestrians and vehicles.
[2]
The Planning Board or Zoning Board of Adjustment shall ensure
that all parking spaces are usable and are safely and conveniently
arranged. Access to the site from adjacent roadways shall be designed
so as to interfere as little as possible with traffic flow and to
minimize potential conflicts with pedestrian and non-motorized traffic.
(b)
Design and building layout.
[1]
The design and layout of buildings and parking areas shall be
reviewed so as to provide an aesthetically pleasing design and efficient
arrangement. Particular attention shall be given to safety and fire
protection and impact on and from surrounding development and contiguous
and adjacent buildings and lands.
(c)
Lighting. Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board. Lights shall
be arranged so as to minimize glare and reflection on adjacent properties.
(d)
Landscaping. Landscaping shall be provided as part of the overall
development design to minimize headlight glare, noise, light from
structures and the movement of people and vehicles and to shield activities
from adjacent properties and shall include trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative manner.
[1]
Landscaping shall be maintained and the owner shall be responsible
for replacement of dead plants, trees or other landscaping items.
[2]
A landscape plan prepared by a certified or licensed landscape
architect, building elevations and lighting and architectural plans
shall be submitted as part of all applications for development in
the D-B Zone.
[3]
In any D-B Zone District, it shall be the intent of the design
guidelines to encourage streetscapes of the highest quality. For any
such zone which abuts a residential zone, the D-B Zone development
shall be designed to be compatible with the character of the adjacent
residential area.
(7)
Utilities.
(a)
Adequate provision shall be made for stormwater drainage, water
supply and sewage treatment and disposal.
(b)
All telephone, electric and CATV service, including outdoor
lighting on the property, shall be by underground conduit.
(c)
Fire hydrants. Fire hydrants shall be installed at locations
specified by the Township. Such hydrants shall be provided with appropriate
water pressure and otherwise adequately maintained by the owner or
owners of the dwelling units. All such hydrants shall conform to the
standards of the National Board of Fire Underwriters or Township requirements,
whichever is more restrictive.
(d)
Solid waste, including recyclable materials. Suitable provision shall be made for the orderly deposit and pick-up of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of Chapter 232 of the Municipal Code of the Township of Cranford as well as the following:
[1]
Each receptacle shall be located in a completely enclosed building.
[2]
Buildings used solely for the purpose of housing receptacles
shall be located at least five feet from an internal roadway and shall
otherwise meet the requirements for accessory buildings.
[3]
Buildings used to house receptacles shall be so located as to
permit convenient vehicular access.
(8)
Developer's obligation to provide affordable housing.
(a)
Prior to the issuance of any construction permit, and as a condition
precedent to the grant of any approval of a development application
by the Planning Board, Board of Adjustment or Zoning Officer, as applicable,
a developer shall be required to enter into an agreement with the
Township Committee to construct at least 20% of all dwelling units
as low- and moderate-income housing units.
(b)
At least 50% of the affordable rental units shall be available
to low-income households with no less than 13% of all affordable units
shall be affordable to very-low-income households earning no more
than 30% of the median income in the housing region (i.e. 37% of the
total number of affordable units shall be available to low-income
households and 13% of the total number of affordable units shall be
available to very-low-income households). The remaining 50% of the
affordable units shall be available to moderate-income households.
The required agreement shall make provisions for the developer's
obligation to construct the affordable units and the phasing of construction
of market and affordable units shall provide for the construction
of affordable units in tandem with the market units according to the
requirements of N.J.A.C. 5:93-5.6(d).
J.
Downtown
Transition Overlay District.
[Added 3-30-2021 by Ord. No. 2021-03; amended 7-13-2021 by Ord. No. 2021-12]
(1)
Purpose. The purpose of the Downtown Transition Overlay District
is to provide an opportunity downtown for the construction of multiple
family housing in developments where not less than 20% of the units
shall be reserved for low- and moderate-income households in accordance
with applicable affordable housing regulations.
(3)
Accessory uses.
(a)
Parking garages (other than podium parking) which are either
wrapped by nonresidential/residential uses or below grade. Parking
facilities may not front upon the street and sidewalk except for means
of ingress and egress.
(b)
Trash and garbage collection areas which are fully screened.
(c)
Maintenance, leasing and administration offices and storage
buildings, swimming pools and other noncommercial community recreational
facilities associated with multifamily residential uses in all yards
but the front yard.
(d)
(Reserved)
(e)
Ground-level parking.
(4)
Yard and bulk regulations.
(a)
Front yard setback: five feet.
(b)
Side yard setback: none.
(c)
Rear yard setback: minimum of 10 feet.
(d)
Impervious coverage: Impervious coverage, as defined in N.J.A.C.
7:8-1.2 (definition of "impervious surface"), or such successor stormwater
management regulations as may be promulgated by the State of New Jersey,
shall not exceed 85%.
(e)
Density. A maximum residential density of 25 dwelling units
per acre of gross tract area is permitted for the construction of
dwelling units, provided 20% of the units are deed restricted for
occupancy by low- and moderate-income households in accordance with
applicable affordable housing regulations.
(f)
Parking requirements. As required per N.J.A.C. 5:21 Table 4.4
of the Residential Site Improvement Standards for residential development.
(g)
Building height. The maximum height shall be three stories of
residential units or two stories of residential units above a maximum
of one level of parking. For purposes of this subsection, a story
shall mean a "story" as defined in §§ 202 and 505.1
of the 2009 International Building Code, New Jersey Edition. The maximum
height of all buildings shall be 55 feet to the mid-point of the roof.
(h)
Multifamily residential building to multifamily residential
building setback requirements: minimum of 25 feet.
(5)
Supplemental regulations.
(a)
Affordable units shall be allocated throughout the development
and shall not be segregated within one building or portion of a building.
(b)
Affordable units shall comprise at least 20% of the units in
any application for development pursuant to these regulations.
(c)
All affordable units shall be provided in accordance with the
Uniform Housing Affordability Controls (UHAC), applicable rules of
the Council on Affordable Housing and the Fair Housing Act.
(6)
General requirements.
(a)
Circulation.
[1]
The design shall provide for pedestrian and vehicular traffic
movement within and adjacent to the site, with particular emphasis
on the provision and layout of parking areas; off-street loading and
unloading; and movement of people, goods and vehicles from access
roads within the site, between buildings and between buildings and
vehicles. All efforts should be made to limit the number of ingress/egress
points in order to minimize conflicts with pedestrians and vehicles.
[2]
The Planning Board or Zoning Board of Adjustment shall ensure
that all parking spaces are usable and are safely and conveniently
arranged. Access to the site from adjacent roadways shall be designed
so as to interfere as little as possible with traffic flow and to
minimize potential conflicts with pedestrian and nonmotorized traffic.
(b)
Design and building layout.
[1]
The design and layout of buildings and parking areas shall be
reviewed so as to provide an aesthetically pleasing design and efficient
arrangement. Particular attention shall be given to safety and fire
protection and impact on and from surrounding development and contiguous
and adjacent buildings and lands.
(c)
Lighting. Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board. Lights shall
be arranged so as to minimize glare and reflection on adjacent properties.
(d)
Landscaping.
[1]
Landscaping shall be provided as part of the overall development
design to minimize headlight glare, noise, light from structures and
the movement of people and vehicles and to shield activities from
adjacent properties and shall include trees, bushes, shrubs, ground
cover, perennials, annuals, plants, sculpture, art and the use of
building and paving materials in an imaginative manner.
[2]
Landscaping shall be maintained and the owner shall be responsible
for replacement of dead plants, trees or other landscaping items.
[3]
A landscape plan prepared by a certified or licensed landscape
architect, building elevations and lighting and architectural plans
shall be submitted as part of all applications for development in
the D-T Zone.
[4]
In any D-T Zone District, it shall be the intent of the design
guidelines to encourage streetscapes of the highest quality. For any
such zone which abuts a residential zone, the D-T Zone development
shall be designed to be compatible with the character of the adjacent
residential area.
(7)
Utilities.
(a)
Adequate provision shall be made for stormwater drainage, water
supply and sewage treatment and disposal.
(b)
All telephone, electric and CATV service, including outdoor
lighting on the property, shall be by underground conduit.
(c)
Fire hydrants. Fire hydrants shall be installed at locations
specified by the Township. Such hydrants shall be provided with appropriate
water pressure and otherwise adequately maintained by the owner or
owners of the dwelling units. All such hydrants shall conform to the
standards of the National Board of Fire Underwriters or Township requirements,
whichever is more restrictive.
(d)
Solid waste, including recyclable materials. Suitable provision shall be made for the orderly deposit and pick-up of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of Chapter 232 of the Municipal Code of the Township of Cranford as well as the following:
[1]
Each receptacle shall be located in a completely enclosed building.
[2]
Buildings used solely for the purpose of housing receptacles
shall be located at least five feet from an internal roadway and shall
otherwise meet the requirements for accessory buildings.
[3]
Buildings used to house receptacles shall be so located as to
permit convenient vehicular access.
(8)
Developer's obligation to provide affordable housing.
(a)
Prior to the issuance of any construction permit, and as a condition
precedent to the grant of any approval of a development application
by the Planning Board, Board of Adjustment or Zoning Officer, as applicable,
a developer shall be required to enter into an agreement with the
Township Committee to construct at least 20% of all dwelling units
as low and moderate-income housing units.
(b)
At least 50% of the affordable rental units shall be available
to low-income households with no less than 13% of all affordable units
affordable to very-low-income households earning no more than 30%
of the median income in the housing region (i.e. 37% of the total
number of affordable units shall be available to low-income families
and 13% of the total number of affordable units shall be available
to very-low-income households). The remaining 50% of the affordable
units shall be available to moderate-income households. The required
agreement shall make provisions for the developer's obligation
to construct the affordable units and the phasing of construction
of market and affordable units shall provide for the construction
of affordable units in tandem with the market units according to the
requirements of N.J.A.C.5:93-5.6(d).
K.
Park Street
Overlay District.
[Added 3-30-2021 by Ord. No. 2021-03; amended 7-13-2021 by Ord. No. 2021-12]
(1)
Purpose. The Park Street Overlay District shall consist of the property
identified on the Tax Map of the Township of Cranford (June 1977)
as Block 555, Lots 1, 2, 3, and 7. The purpose of the Park Street
Overlay District is to provide an opportunity for the construction
of multiple family housing in developments where not less than 20%
of the units shall be reserved for low- and moderate-income households
in accordance with applicable affordable housing regulations.
(3)
Townhouse development standards.
(a)
Townhouse lot area. Each dwelling unit shall be constructed
on an individual lot, and there shall be a minimum of 3,630 square
feet of tract area per dwelling unit.
(b)
Individual lots.
[1]
Minimum width. The required average width of all individual
lots shall be not less than 20 feet, and no individual lot shall have
a width of less than 18 feet, said width to be measured at the actual
building setback line for each individual lot. In addition, for each
individual lot with a width less than the required average, there
shall be not less than one individual lot with a width greater than
the required average, and the deviation from the required average
of the larger lot shall be at least equal to the deviation from the
required average of the smaller lot.
[2]
Minimum area. The required average area of all individual lots
shall be not less than 1,600 square feet, and no individual lot shall
have an area of less than 1,400 square feet.
[3]
Front and rear yards. The required average for front and rear
yards on all individual lots shall be not less than 25 feet, and no
individual lot shall have a front or rear yard of less than 20 feet,
except that where the front or rear property line of an individual
lot abuts open space and which open space shall have a minimum dimension
of 50 feet measured at right angles along the full length of the abutting
property line, then the required average and minimum yard requirements
set forth herein may be reduced by not more than 10 feet for the abutting
yard. In addition, for each individual lot with a front or rear yard
less than the required average, there shall be not less than one individual
lot with corresponding yard greater than the required average, and
the deviation from the required average of the larger yard shall be
at least equal to the deviation from the required average of the corresponding
smaller yard.
[4]
Side yards. There shall be a single side yard of not less than
10 feet required only for each individual lot occupied by a semidetached
dwelling unit.
[5]
Multifamily residential building to multifamily residential
building setback requirements: minimum of 25 feet.
[6]
Impervious coverage: Impervious coverage, as defined in N.J.A.C.
7:8-1.2 (definition of "impervious surface"), or such successor stormwater
management regulations as may be promulgated by the State of New Jersey,
shall not exceed 60%.
(c)
Buildings.
[1]
Design.
[a]
Each dwelling unit shall have not fewer than two
means of ingress and egress.
[b]
Each dwelling unit shall have not fewer than two
exposures.
[c]
There shall be no more than eight dwelling units
in any single group of dwelling units.
[d]
No living space shall be permitted above the third
story.
[e]
No more than two adjacent dwelling units may be
constructed without providing a front wall setback of not less than
four feet.
[2]
Siting.
[a]
Each group of dwelling units shall set back not
less than 25 feet from all streets, roads or ways, whether public
or private.
[b]
Each group of dwelling units within a tract shall
be set back not less than 30 feet from any other group of dwelling
units within the same tract and shall set back not less than 15 feet
from the tract boundary line.
(d)
Garages.
[1]
Design. All garages shall conform architecturally to, and be
of similar materials as, the principal building in the development.
[2]
Location. Garages may be built into townhouses or may be constructed
on individual lots or on common areas, all subject to the approval
of the Planning Board.
[3]
Private garages. Garages constructed on individual lots under
this article shall be subject to the following:
[a]
A garage need not be set back from one side line
of an individual lot and may be attached to a garage on an adjacent
individual lot.
[b]
No garage which is not attached to or part of a
townhouse on the same individual lot shall be closer than 20 feet
to said townhouse.
[c]
Common garages shall meet the setback requirements for parking areas as set forth in Article IV, § 255-26G(3), except that the rear walls of such garages may be situated as close as 25 feet to a peripheral public street subject to any greater existing setbacks and approval by the Planning Board.
(e)
Density. A maximum residential density of 12 dwelling units
per acre of gross tract area is permitted for the construction of
townhouse dwelling units, provided 20% of the units are deed restricted
for occupancy by very-low, low- and moderate-income households in
accordance with applicable affordable housing regulations.
(f)
Parking requirements. As required per N.J.A.C. 5:21 Table 4.4
of the Residential Site Improvement Standards for residential development.
(g)
Building height. The maximum height shall be three stories.
For purposes of this subsection, a story shall mean a "story" as defined
in §§ 202 and 505.1 of the 2009 International Building
Code, New Jersey Edition. The maximum height of all buildings shall
be 55 feet to the mid-point of the roof.
(h)
Ownership of common areas. Common areas of any tract utilized
for a townhouse development which are not accepted by the Township
shall be deeded to a corporation, association, individual or individuals
or other legal entity consisting of a majority of the property owners
within the development for their use, control, management and maintenance.
Any agreement providing for such ownership shall be reviewed and approved
by the Township Attorney to ensure that adequate safeguards are included
guaranteeing the continuance of the agreement in perpetuity and protecting
the Township from harm. In any event, said agreement shall give the
Township the right to perform maintenance and assess the cost to the
property owners in the event that said property owners fail to maintain
the property in accordance with the agreement.
(4)
Accessory uses. Permitted accessory uses for the Park Street Overlay
District shall be the same accessory uses permitted in the R-5 District.
(5)
Supplemental regulations.
(a)
Affordable units shall be allocated throughout the development
and shall not be segregated within one building or portion of a building.
(b)
Affordable units shall comprise at least 20% of the units in
any application for development pursuant to these regulations.
(c)
All affordable units shall be provided in accordance with the
Uniform Housing Affordability Controls (UHAC), applicable rules of
the Council on Affordable Housing and the Fair Housing Act.
(6)
General requirements.
(a)
Circulation.
[1]
The design shall provide for pedestrian and vehicular traffic
movement within and adjacent to the site, with particular emphasis
on the provision and layout of parking areas; off-street loading and
unloading; and movement of people, goods and vehicles from access
roads within the site, between buildings and between buildings and
vehicles.
[2]
The Planning Board shall ensure that all parking spaces are
usable and are safely and conveniently arranged. Access to the site
from adjacent roads shall be designed so as to interfere as little
as possible with traffic flow on these roads and to permit vehicles
a rapid and safe ingress and egress to the site.
(b)
Design and building layout. The design and layout of buildings
and parking areas shall be reviewed so as to provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to safety and fire protection and impact on and from surrounding
development and contiguous and adjacent buildings and lands.
(c)
Lighting. Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board. Lights shall
be arranged so as to minimize glare and reflection on adjacent properties.
(d)
Landscaping.
[1]
Landscaping shall be provided as part of the overall development
design to minimize headlight glare, noise, light from structures and
the movement of people and vehicles and to shield activities from
adjacent properties and shall include trees, bushes, shrubs, ground
cover, perennials, annuals, plants, sculpture, art and the use of
building and paving materials in an imaginative manner.
[2]
Landscaping shall be maintained and the owner shall be responsible
for replacement of dead plants, trees or other landscaping items.
[3]
A landscape plan prepared by a certified or licensed landscape
architect, building elevations and lighting and architectural plans
shall be submitted as part of all applications for development in
the P-O Zone.
[4]
In the P-O Zone District, it shall be the intent of the design
guidelines to encourage streetscapes of the highest quality. For any
such zone which abuts a residential zone, the P-O Zone development
shall be designed to be compatible with the character of the adjacent
residential area.
(7)
Utilities.
(a)
Adequate provision shall be made for stormwater drainage, water
supply and sewage treatment and disposal.
(b)
All telephone, electric and CATV service, including outdoor
lighting on the property, shall be by underground conduit.
(c)
Fire hydrants. Fire hydrants shall be installed at locations
specified by the Township. Such hydrants shall be provided with appropriate
water pressure and otherwise adequately maintained by the owner or
owners of the dwelling units. All such hydrants shall conform to the
standards of the National Board of Fire Underwriters or Township requirements,
whichever is more restrictive.
(d)
Solid waste, including recyclable materials. Suitable provision shall be made for the orderly deposit and pick-up of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of Chapter 232 of the Municipal Code of the Township of Cranford as well as the following:
[1]
Each receptacle shall be located in a completely enclosed building.
[2]
Buildings used solely for the purpose of housing receptacles
shall be located at least five feet from an internal roadway and shall
otherwise meet the requirements for accessory buildings.
[3]
Buildings used to house receptacles shall be so located as to
permit convenient vehicular access.
(8)
Developer's obligation to provide affordable housing.
(a)
Prior to the issuance of any construction permit, and as a condition
precedent to the grant of any approval of a development application
by the Planning Board, Board of Adjustment or Zoning Officer, as applicable,
a developer shall be required to enter into an agreement with the
Township Committee to construct at least 20% of all dwelling units
as low- and moderate-income housing units.
(b)
At least 50% of the affordable rental units shall be available
to low-income households with no less than 13% of all affordable units
shall be affordable to very-low-income households earning no more
than 30% of the median income in the housing region (i.e. 37% of all
affordable units shall be affordable to low-income households and
at least 13% of all affordable units shall be affordable to very-low-income
households). The remaining 50% of the affordable units shall be available
to moderate-income households. The required agreement shall make provisions
for the developer's obligation to construct the affordable units
and the phasing of construction of market and affordable units shall
provide for the construction of affordable units in tandem with the
market units according to the requirements of N.J.A.C. 5:93-5.6(d).
L.
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 shall be prohibited uses in all zoning districts.
[Added 7-13-2021 by Ord. No. 2021-11]
A.
Agricultural uses. Agricultural uses, including customary farm occupations
and lands which qualify as farmlands as defined herein, shall be subject
to the following regulations:
(1)
Buildings utilized for horticulture, nurseries, greenhouses and for
the growing, raising, harvesting and sale of agricultural crops or
for any other farm use shall be not less than 100 feet from any side
or rear lot line, except that residential buildings may be constructed
and located in conformity with the standards for residences within
those districts in which they are located.
(2)
No livestock, poultry, fowl or other animals shall be permitted except
where incidental to the major agricultural activity.
B.
Country clubs and private swimming clubs.
(1)
No building shall be located within 50 feet of any property line.
(2)
Retail sales shall be restricted to members and their guests only.
(3)
Unenclosed recreational facilities shall be located not less than
50 feet from any property line and shall be effectively screened from
adjoining residential uses.
(4)
No public address system shall be permitted which is audible at any
property line.
(5)
Such uses shall be subject to site plan review.
C.
Townhouses. Townhouse dwellings shall comply with the following regulations:
(1)
Tract development.
(a)
Minimum tract area. The minimum tract area shall be 30,000 square
feet.
(b)
Minimum tract frontage. The minimum tract frontage shall be
150 feet.
(c)
Development density. Each dwelling unit shall be constructed
on an individual lot, and there shall be a minimum of 5,000 square
feet of tract area per dwelling unit.
(2)
Individual lots.
(a)
Minimum width. The required average width of all individual
lots shall be not less than 20 feet, and no individual lot shall have
a width of less than 18 feet, said width to be measured at the actual
building setback line for each individual lot. In addition, for each
individual lot with a width less than the required average, there
shall be not less than one individual lot with a width greater than
the required average, and the deviation from the required average
of the larger lot shall be at least equal to the deviation from the
required average of the smaller lot.
(b)
Minimum area. The required average area of all individual lots
shall be not less than 1,600 square feet, and no individual lot shall
have an area of less than 1,400 square feet. In addition, for each
individual lot with an area less than the required average, there
shall be not less than one individual lot with an area greater than
the required average, and the deviation from the required average
of the larger lot shall be at least equal to the deviation from the
required average of the smaller lot.
(c)
Front and rear yards. The required average for front and rear
yards on all individual lots shall be not less than 25 feet, and no
individual lot shall have a front or rear yard of less than 20 feet,
except that where the front or rear property line of an individual
lot abuts open space and which open space shall have a minimum dimension
of 50 feet measured at right angles along the full length of the abutting
property line, then the required average and minimum yard requirements
set forth herein may be reduced by not more than 10 feet for the abutting
yard. In addition, for each individual lot with a front or rear yard
less than the required average, there shall be not less than one individual
lot with corresponding yard greater than the required average, and
the deviation from the required average of the larger yard shall be
at least equal to the deviation from the required average of the corresponding
smaller yard.
(d)
Side yards. There shall be a single side yard of not less than
10 feet required only for each individual lot occupied by a semidetached
dwelling unit.
(3)
Buildings.
(a)
Design.
[1]
Each dwelling unit shall have not fewer than two means of ingress
and egress.
[2]
Each dwelling unit shall have not fewer than two exposures.
[3]
There shall be no more than eight dwelling units in any single
group of dwelling units.
[4]
No living space shall be permitted above the second story.
[5]
No more than two adjacent dwelling units may be constructed
without providing a front wall setback of not less than four feet.
(b)
Siting.
[1]
Each group of dwelling units shall set back not less than 35
feet from primary or secondary arterial streets as designated in the
Master Plan and not less than 25 feet from all other streets, roads
or ways, whether public or private. New buildings shall not project
closer to the street than the established setback, except where a
prevailing setback has been established on improved lots within 200
feet of the subject lot. However, in no case need the setback from
any public street exceed 50 feet.
[2]
Each group of dwelling units shall set back not less than 35
feet from a zone district boundary line, except that, where abutting
an R-7 or R-8 Zone, the setback may be reduced to 20 feet.
[3]
Each group of dwelling units within a tract shall be set back
not less than 30 feet from any other group of dwelling units within
the same tract and shall set back not less than 15 feet from the tract
boundary line.
(4)
Garages.
(a)
Design. All garages shall conform architecturally to, and be
of similar materials as, the principal building in the development.
(b)
Location. Garages may be built into townhouses or may be constructed
on individual lots or on common areas, all subject to the approval
of the Planning Board.
(c)
(d)
Common garages shall meet the setback requirements for parking areas as set forth in Article IV, § 255-26G(3), except that the rear walls of such garages may be situated as close as 25 feet to a peripheral public street subject to any greater existing setbacks and approval by the Planning Board.
(5)
Ownership of common areas. Common areas of any tract utilized for
a townhouse development which are not accepted by the Township shall
be deeded to a corporation, association, individual or individuals
or other legal entity consisting of a majority of the property owners
within the development for their use, control, management and maintenance.
Any agreement providing for such ownership shall be reviewed and approved
by the Township Attorney to ensure that adequate safeguards are included
guaranteeing the continuance of the agreement in perpetuity and protecting
the Township from harm. In any event, said agreement shall give the
Township the right to perform maintenance and assess the cost to the
property owners in the event that said property owners fail to maintain
the property in accordance with the agreement.
D.
Garden apartments. Garden apartment dwellings shall comply with the
following regulations:
(1)
Tract development.
(a)
Minimum area. The minimum area for any tract developed under
this section shall be 40,000 square feet.
(b)
Minimum frontage. The minimum frontage on a public street for
any tract developed under this section shall be 150 feet.
(c)
Setbacks.
[1]
The following minimum distances shall be maintained between
apartment buildings:
[a]
No apartment building shall be closer than 30 feet
to any other apartment building.
[b]
No front wall shall be closer than 85 feet to any
parallel wall except as specified below.
[c]
No rear wall shall be closer than 70 feet to any
parallel wall except as specified below.
[d]
A side elevation which does not overlap a parallel
front or rear wall by more than six feet may be located as close as
30 feet to said front or rear wall.
[2]
In addition to the usual meaning, the term "parallel" in this
subsection shall apply to any facing elevations which, if extended,
would intersect at an angle of less than 90°.
(d)
Open space. Not less than 30% of the total tract area shall
be dedicated for green open space, either for recreation or some other
suitable use, public or private, as approved by the Planning Board.
(e)
Development density. The minimum tract area per dwelling unit
shall be as follows:
(f)
Yards. No apartment building shall be closer than 50 feet to
any street right-of-way line nor closer than 40 feet to any property
line.
(2)
Design. Every dwelling unit shall meet the following requirements:
(a)
Each dwelling unit shall have or have immediate access to two
separate entrances not on the same exterior wall.
(b)
Each dwelling unit shall have not fewer than two exposures.
(c)
In each dwelling unit there shall be access to at least one
bathroom without passing through any bedroom.
(d)
No dwelling unit, or portion thereof, shall be permitted above
the second floor or below the first floor of any apartment building.
(e)
A minimum storage area of not less than 500 cubic feet shall
be provided for each dwelling unit within the same apartment building.
Such storage areas shall be exclusive of any garage or any closet
or other space within a dwelling unit.
(f)
The maximum length of the front elevation of any apartment building
shall not exceed 85 feet without an offset, and such offset shall
be no less than four feet.
(g)
No apartment building shall be constructed so that the angle
between any two abutting exterior walls is less than 90°.
(h)
Where open balconies for individual dwelling units are provided, they shall be permitted to intrude up to six feet into any required setback. The presence of such balconies on the front elevations of any apartment building shall not be construed as usable in meeting requirements of Subsection D(2)(f) above.
E.
Apartment dwellings. The following conditions shall be complied with
in the R-8 and R-SC-1 Zone Districts:
(1)
Tract development.
(a)
Minimum area. The minimum area for any tract developed under
this subsection shall be 40,000 square feet.
(b)
Minimum frontage. The minimum frontage on a public street for
any tract developed under this subsection shall be 150 feet.
(c)
Open space. There shall be not less than 200 square feet of
open space, other than parking areas or driveways, for each bedroom.
Roof space designed for active or passive recreation and individual
apartment balconies with a minimum dimension of six feet may be counted
as open space at a ratio of two square feet of such space for each
required square foot of open space.
Minimum Tract Area/Dwelling Unit
| ||||
---|---|---|---|---|
Building Height (stories)
|
Efficiency Dwelling Unit
(square feet)
|
1-Bedroom Dwelling Unit
(square feet)
|
2-Bedroom Dwelling Unit
(square feet)
|
3- or More Bedroom Unit
(square feet)
|
2 1/2
|
2,500
|
2,500
|
3,400
|
4,000
|
3 1/2 and above
|
1,300
|
1,300
|
1,500
|
1,700
|
(d)
Green open space. At least 20% of the entire tract shall be
in a green open space.
(e)
Development density and yards. The following standards shall
apply in this zone district:
Minimum Yard Size*
| ||||
---|---|---|---|---|
Building Height
(feet)
|
Front**
(feet)
|
Rear
(feet)
|
Side+
(feet)
| |
Through 35 feet
|
25
|
35
|
18
| |
Over 35 through 40 feet
|
30
|
40
|
20
| |
Over 40 through 50 feet
|
35
|
50
|
25
| |
Over 50 through 60 feet
|
40
|
60
|
30
|
Notes:
| ||
---|---|---|
*
|
Increased setbacks shall begin at the designated height.
| |
**
|
Where existing buildings on the same side of the street and
within 200 feet of the site form an established front yard setback
greater than the minimum required, the established front yard setback
shall prevail.
| |
+
|
Required side yard shall be doubled adjoining zone district
boundary line.
|
(2)
Dwelling units. Each dwelling unit shall conform to the following
requirements:
(a)
There shall be access to at least one bathroom without passing
through any bedroom.
(b)
No dwelling unit or any portion thereof shall be permitted below
the first floor of any apartment building.
(c)
A minimum storage area of not less than 500 cubic feet shall
be provided for each dwelling unit within the same apartment building.
Such storage area shall be exclusive of any garage or any closet or
other space within the dwelling unit.
(3)
Buildings. Each apartment building shall conform to the following
requirements:
(a)
Elevators. Each apartment building over 2 1/2 stories shall
have not fewer than one elevator.
(b)
Height. No apartment in the R-8 Zone District shall exceed five
stories or 60 feet, whichever is lesser. No senior citizen apartment
building in the R-SC-1 Zone District shall exceed five stories or
55 feet.
(c)
Courts. Courts shall be permitted subject to the following requirements:
F.
In addition and notwithstanding any other provisions of this chapter,
no principal or accessory building on any lot shall intrude into the
area enclosed by the arc of a circle with a radius of 45 feet extending
70° on each side of a line perpendicular to the center of any
window in a habitable room. This limitation shall not apply to any
wall of the same building in which the window is located, the plane
of which intersects the plane of the wall in which the window is located
at an exterior angle of 90° or more. All measurements shall be
performed in horizontal projections at the sill level of the subject
window.
G.
Uses in the E-1 Zone District.
(1)
Required conditions and applications of standards. The following
standards shall apply only to lands in the Township of Cranford. Land
in other communities owned, leased or otherwise used by a permitted
use in the E-1 Zone shall not be included in any calculations. All
contiguous land in the Township of Cranford occupied by an institution
of higher learning, deeded or leased to the state, county or other
public agency, shall be considered part of the site for purposes of
meeting minimum area requirements.
(a)
Height. No buildings shall exceed the maximum of two stories
or 35 feet, whichever is lesser.
(b)
Yards and setbacks (minimum).
Type
|
Buildings and Recreational Facilities
| |
---|---|---|
Interior property lines
|
50 feet
| |
Street rights-of-way
|
3 times building height, but not less than 70 feet
|
(c)
Minimum lot area: 45 acres.
(d)
Floor area ratio. The maximum gross floor area ratio of all
buildings shall be 16 times the total lot area. Parking decks, parking
structures and ground-level recreational facilities such as tennis
courts, baseball diamonds, etc., shall not be considered as floor
area.
(e)
Open space ratio. A minimum of 60% of the total lot area shall
be maintained as green open space.
(f)
Required screening. In addition to the required screening for
off-street parking areas, all side and rear yards adjacent to a residential
zone shall be screened to a depth of 15 feet from such residential
zone by a solid and contiguous landscaped screen approved by the Planning
Board.
(g)
Access. All pedestrian and vehicular access shall be from streets
designated as primary or secondary arterials specified in the Master
Plan of Cranford.
(h)
Other provisions void. All other provisions of this chapter
as applied to those uses in the E-1 District which require less restrictive
standards than set forth in this article shall be considered as nonapplicable.
(i)
Classroom floor area. Not more than 100,000 square feet of classroom
space or 1/3 of the gross building area of all structures in the campus
shall be classroom space. "Classroom space" is hereby defined as classrooms
designed to accommodate students and an instructor in a formal arrangement
of seating and lecturing.
H.
Family day-care home in the R-1, R-2, R-3 and R-4 Zones.
(1)
Requirements.
(a)
Use is permitted only in a single-family detached residence
as an accessory to the permitted single-family residence.
(b)
The minimum lot width, area and yard setback requirements shall
be the same as required for a one-family detached dwelling.
(c)
Fencing is required in the rear yard area. Any associated recreation
activity equipment shall be restricted to the fenced-in area.
(d)
No more than a total of five children under 14 years of age
shall be cared for within the facility. Of the five children allowed,
no more than two shall be under 30 months of age.
(e)
A minimum of 1,000 linear feet distance per three-hundred-foot
radius shall be maintained between family day-care home facilities.
(f)
There shall be no other employees except the provider (either
paid or unpaid).
(h)
Days of operation shall be limited to Monday through Friday.
(i)
Signage shall not be permitted.
(j)
The day-care provider shall be the owner/occupant of the residence.
(k)
Fire extinguishers shall be located on each level of the residence
and within the kitchen.
(l)
Hard-wire smoke detectors shall be installed throughout the
residence (at least one on every floor) and in the basement.
(m)
If the basement is to be used for child care, a second external
exit shall be installed.
(2)
There shall be continuing compliance with the following requirements:
(b)
The provider must maintain current immunization records covering
the provider and all members of the household. These records shall
be kept at the facility and be available for inspection.
(c)
The provider shall require the current immunization records
for each child enrolled in the facility. These records shall be provided
prior to the enrollment of any child. These records shall be kept
at the facility and be available for inspection.
(d)
The provider shall provide a changing facility with separate
changing pads or papers for all infants under 30 months of age.
(e)
The provider shall comply with all Health Code requirements
established by the Township or State of New Jersey.
I.
Telecommunications antennas and towers.
(1)
Purpose. It is the intent of this subsection to regulate cellular
communications towers and antennas located within the Township of
Cranford to:
(a)
Restrict the location of towers to certain nonresidential areas.
(b)
Minimize the total number of towers throughout the Township.
(c)
Encourage strongly the joint use of new and existing tower sites.
(d)
Encourage users of towers and antennas to locate them, to the
extent possible, in areas where the adverse impact on the community
is minimal.
(e)
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas.
(f)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently.
(g)
Consider the public health and safety of communication towers.
(h)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
(i)
Encourage the use of existing structures for antennas.
(j)
Encourage designs that blend into the background setting of
their locations.
(k)
Applicants proposing to construct wireless telecommunications
antennas and equipment shall present documentary evidence at time
of site approval application regarding the need for such equipment,
exact equipment layout and coverage areas within the Township of Cranford,
which shall include:
[Added 11-27-2018 by Ord.
No. 2018-17]
(2)
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
CO-LOCATION
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND ANTENNAS
SATELLITE DISH
TOWER
TOWNSHIP
TOWNSHIP COMMITTEE
Definitions. The following terms used in this subsection shall have
the following meanings:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Satellite dishes shall not be included
within this definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same tower or monopole.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this subsection, including permitted towers or antennas that have
not yet been constructed so long as such approval is current and not
expired.
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite
or similar electronic signals.
Any structure that is designated and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
The Township of Cranford, County of Union, State of New Jersey.
The governing authority of the Township of Cranford.
(3)
Applicability.
(b)
Amateur radio; receive-only antennas. This subsection shall
not govern any tower, or the installation of any antenna, that is
under seven feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
(c)
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this subsection shall not be required to meet the requirements of this subsection, other than the requirements of Subsection I(4)(f) and (g). Any such towers or antennas shall be referred to in this subsection as "preexisting towers" or "preexisting antennas." This exception shall not apply to any expansion or intensification of said preexisting tower or antenna.
(d)
Government agencies. Communication towers or antennas owned,
operated or used by the federal, state, county or municipal governments
shall be exempt from the requirements of this subsection.
(4)
General guidelines and requirements.
(a)
Principal or accessory use. Antennas and towers shall be considered principal uses unless subservient and clearly related to an existing principal use or structure, except as may be provided under Subsection I(8)(a) below.
(b)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with local zoning 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 licensed parcels
within such lots.
(c)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide an inventory of its existing towers that are either
within the jurisdiction of the Township or within 1/4 mile of the
border thereof, including specific information about the location,
height, and design of each tower. The Township departments may share
such information with other applicants or organizations seeking to
locate antennas within the jurisdiction of the Township; provided,
however, that the Township departments are not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable or that the information is complete and accurate.
(d)
Aesthetics. The guidelines set forth in this Subsection I(4)(d) shall regulate the location of all towers, and the installation of all antennas, governed by this subsection; provided, however, that the appropriate Township body may waive these requirements if it determines that the goals of this subsection are better served thereby.
[1]
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color,
so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings and accessory structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend the tower facilities to the natural
setting and surrounding buildings.
[3]
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
[4]
Whenever practicable, towers and antennas shall employ RF transparent
materials which appear to be architectural elements of the structure
supporting the antennas or otherwise conceal or camouflage antennas
to reduce the visual impact of the tower and antennas to the greatest
degree.
(e)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the appropriate Township body may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding views.
(f)
State or federal requirements. 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 subsection
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a more stringent compliance
schedule is mandated by the controlling governmental or quasi-governmental
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall require the removal of
the tower or antenna at the owner's expense.
(g)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable national, state and local standards
for towers as amended from time to time. If, upon inspection, the
appropriate Township official 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. If the owner fails to bring such tower into compliance
within said 30 days, the tower shall be removed at the owner's expense.
(h)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Township of Cranford irrespective of municipal and
county jurisdictional boundaries.
(i)
Not essential services. Towers and antennas shall be regulated
and permitted pursuant to this subsection and shall not be regulated
or permitted as essential services, public utilities, or private utilities.
(j)
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in the Township have
been obtained and shall file a copy of all required franchises with
the Clerk of the Township of Cranford who shall distribute copies
of the same to the Township Construction Official and the Township
Zoning Officer.
(k)
Signs. No signs or other nonessential accoutrements shall be
allowed on any antenna or tower with the exception of warning signs
or other signs required by federal, state or local law.
(l)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection I(10). Buildings and support equipment clearly related to the use of antenna shall be considered accessory structures.
(m)
Wireless telecommunications antennas and equipment shall be
located and approved in accordance with the following prioritization
locations:
[Added 11-27-2018 by Ord.
No. 2018-17]
[1]
The first priority shall be either existing wireless telecom towers
owned by the Township within any nonresidential district in the municipality;
or an existing building or structure located within a nonresidential
district in the Township;
[2]
The second priority shall be any other wireless telecom tower located
in the Township;
[3]
The third priority shall be a new tower located within a nonresidential
district in the Township.
(6)
(7)
Exemption for property owned, controlled or leased by the Township.
All applications for antennas or towers to be placed on property owned,
controlled or leased by the Township are exempt from Planning Board
or Board of Adjustment review but are subject to review and approval
by the Township governing body, which may require a license or lease
for such antenna and/or tower.
(8)
Regulations and standards for antennas.
(a)
Antennas on existing structures. Any antenna to be installed
on an existing structure shall be a permitted accessory use, subject
to site plan approval, on any permitted use in the zone. The antennas
shall:
(b)
Antennas on existing towers. An antenna to be attached to an
existing tower shall be subject to site plan approval. Site plan review
shall not be required for applications that meet the requirements
of N.J.S.A. 40:55D-46.2 for co-location of wireless equipment.
[Amended 10-24-2017 by Ord. No. 2017-12]
(9)
Site plan approval.
(a)
General. No person shall construct or erect, or cause to be
constructed or erected, a tower or antenna unless site plan approval
is obtained from the appropriate approving authority. The following
provisions shall also apply:
[1]
In granting site plan approval, the approving authority may
impose conditions to the extent such approving authority concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties or the community at large.
[2]
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer.
[3]
Any applicant for site plan approval shall submit the information
described in this subsection and shall also pay all applicable application
fees and escrow deposits.
(b)
Information required for site plan approval for towers. In addition to any information required for applications for site plan approval pursuant to § 255-17 et seq. of this chapter, applicants for site plan approval for a tower should submit the following information:
[1]
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),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings and materials of the proposed tower and
any other structures, topography, parking, and other information as
required by this chapter and other Township ordinances to enable comprehensive
review of the application.
[2]
Survey of the property, signed and sealed by a surveyor licensed
in the State of New Jersey, dated no earlier than 12 months prior
to the date of the application.
[3]
The distance between the proposed tower and the nearest residential
unit.
[4]
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to this subsection shall be shown
on an updated site plan or map certified by a licensed engineer or
licensed land surveyor. The applicant shall also identify the type
of construction of the existing tower(s) and the owner/operator of
the existing tower(s).
[5]
A landscape plan showing specific landscape materials and precise
locations of existing and proposed landscaping improvements certified
by a licensed engineer or certified landscape architect.
[6]
Method of fencing, material and finished color and, if applicable,
the method of camouflage and illumination.
[7]
A statement by the applicant as to whether construction of the
tower will accommodate co-location of additional antennas for future
users.
[8]
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
[9]
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
[10]
A description of the feasible location(s) of future
towers or antennas, which may be erected by the applicant, within
the Township based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
[11]
Line-of-sight analysis detailing the view of the
proposed tower from various directions and angles from adjacent public
and residential areas. The analysis shall be utilized to determine
buffer requirements.
[12]
Applicants proposing to erect a new wireless telecommunications
tower shall provide documentary evidence that a legitimate attempt
has been made to locate the antennas on existing buildings or structures.
Such evidence shall include a radio frequency engineering analysis
of the potential suitability of existing buildings or structures in
the search for such antennas. Efforts to secure such locations shall
be documented through correspondence between wireless telecom providers
and the property owners of any suitable existing buildings or structures.
The Township reserves the right to engage such professionals as it
may be required at the applicant’s expense.
[Added 11-27-2018 by Ord.
No. 2018-17]
(10)
Conditional use standards for towers. An applicant shall satisfy
the specific conditions enumerated below to obtain site plan approval
for towers:
(a)
Maximum tower height. The maximum height of any tower shall
not exceed 70 feet. For purposes of measurement, the maximum tower
height shall include any structures supported by the tower and any
antenna.
(b)
Setbacks. The following setback requirements shall apply to
all towers for which site plan approval is required:
[1]
Towers must be set back a distance equal to at least 125% of
the height of the tower from any adjoining lot line, provided that
distance is no closer than the building setback applicable to the
zone.
[2]
Guys and accessory facilities must satisfy the minimum zoning
district setback requirements.
(c)
Separation. The following separation requirements shall apply
to all towers and antennas for which site plan approval is required:
[1]
Separation from off-site uses/designated areas. Tower separation
shall be measured from the base of the tower to the lot line of the
off-site uses and/or designated areas as specified in Table 1, except
as otherwise provided in Table 1.
[2]
Separation requirements for the towers shall comply with the
minimum standards established in Table 1.
Table 1
| |
---|---|
Off-Site Use/Designated Line
|
Separation Distance Measured From the Nearest Point of
the Tower to the Structure of the Off-Site Use or Designated Off-Site
Use/Designated Lot Line
|
Any zoning district in which residential use is a permitted
or conditional use; any lot on which any residential use exists
|
300 feet or 300% of height of tower, whichever is greater, measured
to the residential unit
|
Lands which are neither zoned for residential use nor in residential
use
|
Setbacks apply pursuant to Subsection I(10)(b)
|
(d)
Availability of suitable existing towers or other structures
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the appropriate
Township board, and said board makes specific and separate written
findings thereon, that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna. An applicant
shall submit information requested by the appropriate Township board
related to the availability of suitable existing towers, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic
area required to meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
[5]
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(11)
Design standards for towers. Applicants shall satisfy the design
standards enumerated below to obtain site plan approval for towers
in addition to other standards that may be required pursuant to this
chapter:
(a)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anticlimbing device; provided, however, that the appropriate
approving authority may waive such requirements.
(b)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required; provided,
however, that the appropriate approving authority may waive such requirements
if the goals of this subsection would be better served thereby.
[1]
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall be consistent with § 255-25B(4).
[2]
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
[3]
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 sufficient buffer.
(c)
A report from a qualified expert shall be submitted, at the
expense of the applicant, which contains the following:
[Added 11-27-2018 by Ord.
No. 2018-17]
[1]
A description of the tower and the technical specifications for the
tower design and height.
[2]
Documentation to establish that the tower has sufficient structural
integrity for the proposed uses at the proposed location and meets
the minimum safety requirements and margins according to the FCC requirements
in their current adopted revision.
[3]
General capacity of the tower, including number and type of antenna
it is designed to accommodate.
[4]
Elevations of the proposed tower and accessory building shall be
submitted which generally depicts all of the proposed antennas, platforms,
finish materials and all other accessory equipment.
(12)
Building or other equipment storage.
(a)
The equipment cabinet or structure used in association with
antennas shall comply with the following:
[1]
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 12 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure shall not be located on the
roof of the structure.
[2]
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.
[3]
If the equipment structure is located on the roof of a building,
it shall be camouflaged.
[4]
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
[5]
The equipment cabinet or structure shall be screened from view
of all residential properties which abut or are directly across the
street from the structure or cabinet.
(b)
Modification of building size requirements. The requirements
of this subsection may be modified by the appropriate approving authority
to encourage co-location.
(13)
Removal of abandoned antennas and towers. Any antenna or tower
that is not operated for a continuous period of 12 months shall be
presumed abandoned, and the owner of such antenna or tower shall remove
the same within 30 days of being notified of such abandonment.
J.
Office Residential Character District requirements.
(1)
Buffer. A five-foot landscaped buffer shall be required along each
side yard and a seven-foot landscaped buffer shall be required along
the rear property line.
(2)
Parking.
(a)
No parking shall be permitted in the required front yard or
between any part of the front building facade and the street right-of-way
line.
(b)
Parking areas shall be screened from view of adjacent residential
zones, existing residential uses and public roads by landscaping,
fencing or a combination of these to create a buffer at least five
feet in height. Landscaping shall contain a mix of deciduous and evergreen
plantings sufficient to screen the view of vehicles in all seasons.
(3)
Design standards.[3]
(a)
All uses in the ORC Zone shall maintain the character and architecture of the existing structure and shall also meet the standards of this section and design standards in § 255-26.
(b)
There shall be one principal building per lot and no building
shall contain more than 6,500 square feet of building area per lot.
(c)
All new buildings and any existing buildings that are expanded
shall contain at least two stories above grade.
(d)
The roof pitch on all new buildings and on existing buildings
where a second floor is added or created shall be a minimum of 4:12.
(e)
Use of shared driveways shall be encouraged.
(f)
Trash disposal areas shall be located as far from residential
zone boundaries or uses as possible, but in no case shall they be
located within seven feet of any adjacent residential zone or use.
Trash disposal areas are prohibited between the front facade and the
street right-of-way and shall be screened from view from the street
right-of-way.
(g)
Lighting shall be located no closer than eight feet to adjoining
residential districts or uses and shall not exceed eight feet in height.
Lighting shall be designed to avoid up-lighting or halo effect with
fixtures incorporating shielding/cutoffs to prevent spillage off site
and on adjacent residential properties.
(h)
Rooftop mechanical equipment shall be screened from public view
by architecturally compatible materials. Ground-level mechanical equipment,
such as air-conditioning equipment, utility boxes and meters, shall
be screened by landscaping, walls or fencing.
(i)
A minimum of one primary building entrance shall be incorporated
into the front facade. Sidewalks shall be provided within the front
yard area for access from the existing sidewalk system.
(j)
The visual character of building along street frontages and
entryways shall encourage pedestrian access.
(k)
Existing open porches that are visible from the right-of-way
shall not be enclosed and shall not be included in the calculations
of building square footage or floor area ratio. Any porch that is
enclosed will be included in the calculation of building square footage
and floor area ratio.
(l)
All provisions and facilities for storage, other than pickup
of refuse and recyclables, shall be contained within a principal building.
A.
Accessory structures in all zones. Accessory structures may be erected
only in accordance with the following regulations:
(1)
No accessory structure shall be located in the front yard or the
required side yard.
(2)
Except where specifically required to be otherwise by this chapter,
in the R-1 through R-5 Zones, accessory structures may be erected
in the rear yard not closer than five feet to the side lot line and
three feet to the rear lot line.
(3)
Except where otherwise specifically permitted by this chapter, accessory
structures in multifamily and nonresidential zones shall meet the
setback requirements of the principal building.
(4)
No portion of any accessory structure shall be used for living quarters
for people.
(5)
When an accessory structure is attached to the principal building,
it shall be considered as a part of the principal building, and it
shall comply in all respects with the requirements of this chapter
applicable to the principal structure.
(6)
Accessory structures shall be included in meeting the maximum impervious
surface requirements in Schedule 1.[1]
[1]
Editor's Note: Schedule 1, Schedule of Zone District Area, Yard and Building Requirements, is included as an attachment to this chapter.
(7)
In the R-1 through R-5 Zones, accessory structures for one- and two-family
residences shall be set back from any principal building not less
than 10 feet. In the R-6, R-7 and R-8 Zones and in all nonresidential
zones, the distance accessory structures shall be located from any
principal structure shall be determined as part of site plan review.
(8)
In any flood-fringe area, the construction of an accessory structure
which otherwise conforms to all zoning requirements shall be subject
to administrative approval by the Township Engineer in lieu of application
to the Planning Board.
B.
Personal recreational facilities in residential zones. Except for
portable swimming pools less than three feet in height and less than
10 feet in length or diameter as well as hot tubs that are less than
64 square feet, the following regulations shall apply to permanent
and portable swimming pools, tennis courts and similar personal recreation
facilities:
(1)
Said use shall be erected on the same lot as the principal structure
not less than 10 feet therefrom and shall require a construction permit.
(2)
Said use may be erected in the side and/or rear yard and shall be
not less than 15 feet from any lot line.
(3)
Said use shall be appropriately screened and fenced so as not to
adversely affect adjoining properties.
(4)
Lighting which extends the hours of operation, other than in-pool
lights, shall be prohibited.
(5)
In the case of swimming pools, all measurements shall be from the
water's edge, and provision for drainage shall be approved as part
of the construction permit.
(6)
Pool equipment must be located a minimum of five feet from any side
or rear lot line.
(7)
Pools must be located a minimum of five feet from any shed, garage,
or swing set located on the subject property.
C.
Parabolic satellite antennas in the residential zones.
(1)
In all residence zones, parabolic or satellite antennas shall be
erected only after the issuance of a permit by the Zoning Officer
and upon meeting the following conditions:
(a)
The antenna shall be located and screened to minimize visibility
from the street and adjacent properties.
(b)
It shall be located in the rear yard only and shall meet the
setback requirements for a principal structure.
(c)
The overall height from the mean ground level to the highest
point of the antenna shall not be more than 15 feet.
(d)
The surface area of the reflective dish shall not exceed a maximum
diameter of 12 feet.
(e)
The antenna shall be designed for use by the residents of the
principal structure only.
(2)
In considering such uses, the Zoning Officer may require additional
buffering, screening or berming so as to accomplish the intent and
objective of this section.
(3)
No such antenna shall be permitted above the roofline of the principal
structure.
(4)
Only receiving parabolic or satellite dish antennas shall be permitted
in residence zones.
(5)
All restrictions as to location, screening and permit review are
waived if the parabolic satellite antenna is 18 inches or less in
diameter. Parabolic antennas are banned from the front yard unless
the front yard is the only practical location, as determined by the
Board of Adjustment.
D.
Special accessory uses in the C-3 Zone.
(1)
The following special accessory uses are permitted in the C-3 Zone:
(a)
Restaurant or cafeteria supplying meals only to employees and
guests of the principal permitted uses on site.
(b)
Automated banking facilities, excluding drive-in facilities.
(c)
Day-care facilities for service to the employees of the principal
permitted uses on site.
(d)
Health clubs and physical fitness facilities for the use only
by employees of the principal permitted uses on site.
(2)
Special accessory uses are intended to complement the principal permitted
uses provided on the site and shall be designed and provided for the
use of only the employees, visitors and guests of the principal permitted
uses on site. All special accessory uses shall be planned as an integral
part of the principal permitted development, with no external evidence
of such use, and shall be subject to the following conditions:
E.
Exempt home occupations.
[Amended 6-14-2016 by Ord. No. 2016-15]
(1)
Requirements. Exempt home occupations shall be permitted as accessory
uses in all residential zones and shall be exempt from approval by
the Planning Board or Zoning Board of Adjustment if the following
standards are satisfied:
(a)
The practitioner shall be the owner or lessee of the residence
in which the home occupation is located.
(b)
The practitioner must live in the residence in which the home
occupation is located.
(c)
There shall be no external evidence of the home occupation except commercial vehicles which shall be parked and stored as per § 255-44 of this chapter.
(d)
Only persons residing at the subject residence shall be employed
or engaged in the home occupation.
(e)
No goods shall be sold to the public at the residence; however,
Internet sales shall be permitted so long as the goods sold are shipped
to the buyer.
(f)
No sign identifying the home occupation shall be permitted.
(g)
No more than five vehicle stops per day or six vehicle trips
per day shall be permitted.
(h)
The home occupation shall be clearly incidental and subordinate
to the residential use of the premises. The maximum area devoted to
the home occupation shall be limited to not more than 25% or 400 square
feet, whichever is smaller, of the total gross floor area of the principal
structure on the subject lot.
(i)
No equipment or processes shall be used in such home occupation
which create noise, glare, fumes, odors, electrical interference,
medical waste or other nuisance factors detectable to the normal senses
or to radio or television equipment from the property line.
(j)
The home occupation shall not use chemicals or materials which
must be registered with the State of New Jersey.
(k)
The home occupation cannot occupy or use any accessory building
or structure.
(l)
A zoning permit must be issued prior to the commencement of
any home occupation.
F.
Decks in residential zones. In all residence zones, decks shall be
permitted to encroach into the minimum rear and side yard setback
only in accordance with the following requirements:
(1)
Decks no greater than four feet in height shall be permitted to encroach into the minimum required rear yard a maximum of 25%, but not closer than Subsection F(2) below. Height shall be measured from the average grade to the floor of the deck.
(2)
The minimum rear yard setback for any deck shall be 20 feet.
(3)
The minimum side yard setback for any deck shall be seven feet or
the side yard setback otherwise allowed by this chapter, whichever
is less.
(4)
In any flood-fringe area, the construction of a deck which otherwise
conforms to all zoning requirements shall be subject to administrative
approval by the Township Engineer in lieu of application to the Planning
Board.
G.
Signs
shall be permitted only in compliance with the following regulations,
which are intended to provide attractive, coordinated, informative
and efficient signing in the Township.
[Added 7-7-2022 by Ord. No. 2022-15]
(1)
General regulations. The following regulations shall apply to all
permitted and preexisting nonconforming signs:
(a)
No signs shall be hung, erected, or placed upon any building
or structure unless a written application has been made to the Zoning
Officer by the owner of the property and a permit issued upon payment
of the established fee.
(b)
All signs shall be kept in good repair, which shall include
replacement or repair of broken structural elements, casings or faces,
maintenance of legibility and all lighting elements.
(c)
Whenever the Construction Officer shall determine that a sign
has become structurally unsafe or endangers the safety of the building
or the public, the Construction Officer shall order such sign to be
made safe or removed. Such order shall comply with the parameters
set forth in N.J.A.C. 5:23-2.32.
(d)
The owner of the premises shall be responsible for keeping the
area surrounding ground signs neat, clean, and landscaped.
(e)
Directional signs approved by the Boards and having areas of
less than two square feet are exempt from area and location regulations,
except that they shall be located a minimum of five feet from any
property line, and further provided they do not constitute a hazard
to the traveling public and shall comply with all applicable county,
state, and federal sign regulations.
(f)
Nonconforming signs shall not be rebuilt, enlarged, changed,
or altered in size, location, text, or appearance unless they shall
be made to conform to these regulations.
(g)
Where an overall sign plan has been approved by the Boards for
any structure or as part of any site plan, any subsequent sign for
the structure or site shall conform to the approved plan in terms
of location, letter style, lighting, color, construction and material,
height, and dimensions.
(h)
Approval from the Downtown Business and Economic Development
Office will also be required for those parcels located in the Special
Improvement District prior to the issuance of a permit from the Zoning
Officer related to signage.
(2)
Prohibited signs. Signs prohibited in all zones shall specifically
include, but not be limited to, the following:
(a)
Any sign which does not pertain to an occupant, service or product
actually occupying or provided on the premises where such sign is
located.
(b)
Signs which project more than six inches from the wall to which they are attached other than projecting signs that are permitted as per Subsection G(4)(h) below.
(c)
Roof signs and signs extending above the wall to which they
are attached.
(e)
Banners, streamers, advertising flags, twirlers and like objects
except in the D-C, D-B, D-T, N-C and VC Districts.
(f)
Signs posted on fences, posts, utility poles or trees.
(g)
Signs posted on or overhanging onto municipal property without
the consent of the governing body.
(h)
Signs standing, installed, or painted on sidewalks or curbs,
except sidewalk and sandwich board signs in the D-C, D-B, D-T, NC,
and VC Districts.
(j)
Signs on bridges, abutments, retaining walls, embankments, standpipes,
water towers or similar structures unless approved by the governing
body.
(k)
Signs painted directly on structures, except in the D-C. D-B,
D-T and VC Districts, which are subject to approval from the Zoning
Officer.
(l)
Signs on accessory buildings.
(m)
Signs which constitute a hazard to the traveling public.
(3)
Temporary signs in all zones.
(a)
Temporary signs shall be permitted identifying architects, builders,
brokers, and contractors on premises where a building is being constructed,
altered, or repaired. No sign shall be displayed for a period exceeding
the time required for such construction, alteration, or repair or
one year, whichever is less. Unless affixed to the principal building,
such signs shall be set back at least 10 feet from all property lines.
There shall be no more than one such sign on any property. Said sign
shall not exceed six square feet in size and shall not stand more
than four feet above ground level.
(b)
One temporary sign shall be permitted announcing that the property
on which it is located is for sale or rent, provided that such sign
shall be displayed for only so long as such property is for sale or
rent. Unless such sign is attached to the principal building, it shall
be no closer than 10 feet to any property line. Such sign shall not
exceed six square feet in size nor stand more than four feet above
grade.
(c)
Temporary signs, advertising special sales or events, shall
be permitted in all nonresidential zones, subject to the following
restrictions:
[1]
Temporary signs shall include banners, streamers, advertising
flags, inflatable objects, "coming soon" signs, "grand opening" signs,
twirlers, and like objects.
[2]
Such signs shall not be displayed for more than 30 consecutive
days and not for more than 120 days per calendar year, and such signs
greater than 12 square feet in size shall require issuance of a zoning
permit from the Zoning Officer.
[3]
Such signs are limited in size to no more than six feet in length
and four feet in height. Such signs on windows are permitted to cover
the entire window space if the temporary sign design is appropriate
as determined by the Zoning Officer.
[4]
Such signs shall not be included when calculating the total
amount of permitted signage.
(d)
The person, agency, organization, company, or group whose name
appears on such temporary sign or for whose benefit such sign was
placed shall be responsible for the sign's removal.
(4)
Signs in all the D-C, D-T, VC, NC, D-B, O-1, O-2, ORC, C-1, C-2,
C-3, and E-1 Zones.
(a)
The total amount of permitted signage per business may not exceed
20% of the facade or wall to which the signs will be attached. Freestanding
signs shall not be included in calculating the total amount of permitted
signage.
(b)
First floor businesses are permitted one sign per facade (parking
lot and public facade).
(c)
Exterior wall-mounted signs shall be permitted in all nonresidential
zones, provided that:
[1]
The maximum permitted area of any wall-mounted sign shall not
exceed 10% of the facade area of the wall to which the sign is attached.
[2]
The wall area shall be measured from the peak of the roof of
the building to which the sign is attached and the length of the facade
of the space the business is occupying or the length of the entire
building to which the sign is attached, whichever is less.
[3]
Only one wall-mounted sign shall be permitted per business unless
the business has two frontages on a public street, public parking
lot or parking lot servicing the building on which it is placed, in
which case a sign is permitted on each frontage.
[4]
Wall signs shall be placed within the building sign location
band and shall not extend beyond the boundaries of the sign location
band. If the building does not have a sign location band, then the
top of the sign shall not exceed the height of the ground floor, or
12 feet, whichever is greater.
[5]
Sign materials and design shall complement the building's
architecture and shall not cover or intrude upon any specific architectural
feature of the building. Multitenant buildings shall have complementary
wall signage.
(d)
Signage shall be permitted on all awnings, provided that:
[2]
Signage on awnings may not exceed 30% of the size of the awning.
[3]
No internally lit or flashing signage shall be permitted on
any awning.
[4]
Lettering or logo placed on the valance is limited to maximum
of 10 inches and no more than 50% of valance.
[5]
No waterfall style or bubble-type vinyl awnings are permitted.
(e)
Window signage shall be permitted in all nonresidential zones,
provided that:
[1]
Window signage shall not exceed 20% of the entire business'
overall window area.
[2]
No moving or flashing window signs are permitted.
[3]
Window signage is limited to the description of products, services,
telephone number, address, and website when not used as the primary
business sign.
[4]
Such signs shall be placed only in windows facing a street or
municipal parking lot.
[5]
All windows must be transparent and may not be covered by opaque
material, with the exception of the area containing the window sign.
[6]
No neon signage or lighting shall be permitted that outlines
windows or architectural features such as doors, roofs, cornices,
and the like unless otherwise permitted in this chapter.
(f)
Freestanding signs shall be permitted in the O-1, C-1, E-1,
and C-3 Zones, provided that:
[1]
Only one freestanding sign, in addition to any directional signs,
shall be permitted. On lots with more than 500 feet of street frontage
on a single street and that contain more than one business, one additional
freestanding sign for each business is permitted, provided that each
sign is located a minimum of 75 feet from any other freestanding signs
on the same lot.
[2]
The maximum height of the freestanding sign shall not exceed
four feet above finished grade.
[3]
The area of said sign shall not exceed 30 square feet on each
side or surface.
[4]
The location of said sign shall not be nearer than 1/2 the required
setback from any abutting street right-of-way line or property line.
[5]
The principal building has a front yard setback of at least
15 feet.
[6]
The base of said sign shall be appropriately landscaped.
(g)
Freestanding signs shall be permitted in the D-C, D-T, NC, VC,
D-B, O-2. ORC and C-2 Zones, in accordance with the following provisions:
[1]
One freestanding sign, in addition to any directional signs,
shall be permitted. On lots with more than 300 feet of street frontage
on a single street and that contain more than one business, one additional
freestanding sign for each business is permitted, provided that each
sign is located a minimum of 50 feet from any other freestanding signs
on the same lot.
[2]
The area of the sign shall not exceed 12 square feet.
[3]
The maximum height of the sign shall be four feet above finished
grade.
[4]
The minimum distance to the right-of-way line shall be 10 feet.
[5]
The principal building has a front yard setback of at least
15 feet.
[6]
The base of the sign shall be appropriately landscaped.
[7]
Only lighting exterior to the sign shall be permitted.
(h)
Projecting signs shall be permitted in all nonresidential zones,
provided that:
[1]
Projecting signs must be attached to the building by an ornamental
bracket.
[2]
No projecting sign may have more than two faces.
[3]
No projecting sign, including brackets, may project more than
42 inches from the building to which it is attached.
[4]
One projecting sign is permitted for each retail business per
facade.
[5]
The bottommost edge of a projecting sign must not be less than
eight feet from the ground.
[6]
The maximum area for a projecting sign is 12 square feet.
[7]
Projecting signs shall not interfere with any pedestrian, vehicular,
utility, or municipal use of the public right-of-way.
[8]
No part of the projecting sign or the installation hardware
shall extend above the height of the building wall.
[9]
Sign materials and design shall complement the building's
architecture and shall not cover or intrude upon any specific architectural
feature of the building.
[10]
Projecting signs, if illuminated, must be externally
illuminated.
(i)
Sidewalk or sandwich board signs shall be permitted in the D-C,
D-T, VC, NC, and D-B Zones only, subject to the following regulations:
[1]
All sidewalk signs must receive a zoning permit from the Zoning
Officer before placement of the sign. All zoning permit applications
shall be accompanied by a certificate of insurance, listing the Township
as an additional insured.
[2]
All signs, including any support frames, shall be of an A-frame
design and shall be no more than two feet wide and three feet high.
[3]
Signs must be professionally made and may be constructed of
only the following materials: painted wood, painted metal (with professional-quality
painted message), chalkboard or dry-erase board.
[4]
Sidewalk or sandwich board signs may be constructed only as
follows: two sandwich boards that support each other (A-frame) or
easel-type frame.
[5]
Signs may be displayed only within the side property lines,
as extended, of the business advertised. No sign shall be permitted
other than one which advertises such business. No more than one sign
shall be permitted for each business. Only first-floor businesses
may utilize such signs. Signs may be displayed only during hours when
the business is actually in operation.
[6]
Signs may be displayed only in the following locations: adjacent
to the building, in an entrance alcove, or adjacent to the curb. No
such sign shall block pedestrian movement, access to benches, access
to parking meters or access to motor vehicles, and such sign must
be placed so that a five-foot-wide, unobstructed path shall be maintained
at all times on the sidewalk.
[7]
The Zoning Officer may direct that any sign which, in the discretion
of the Zoning Officer, violates this chapter, or creates a safety
hazard, be removed, modified, or relocated.
(j)
Business Directory signs shall be permitted in the D-C, D-T,
VC, NC, and D-B Zones only, subject to the following regulations:
(k)
Design standards. All signs and awnings in the D-C, D-T, NC,
and D-B Zones must comply with the following design criteria:
[1]
Facade signs: wood, wood-like materials, matte-finished metal,
or aluminum.
[2]
Individually applied letters: halo backlit letters, wood, wood-like
materials, matte-finished metal, or aluminum.
[3]
Awnings: weather-resistant canvas-type fabric, solution-dyed
acrylic, acrylic-coated polyester cotton and/or polyester cotton.
[4]
Windows: hand painted, or decal lettering applied to the inside
or outside of the window.
[5]
Projecting: wood, wood-like materials, matte-finished metal,
or aluminum: brackets must be metal; no internal illumination.
[6]
No neon or LED lighting or neon or LED lighting signs shall
be permitted, except that "Open" signs shall be permitted. Such signs
shall be permitted in the window area only on the first floor and
shall not be more than 10% of the window area. Flashing, blinking,
or moving lights are not permitted.
(5)
Sign regulations for specific uses.
(a)
Marquee and canopy signs. In addition to those other signs generally
permitted under this article, theaters may display the following signs:
[1]
Removable lettering on the front and/or sides of a canopy or
marquee, which may be backlighted, and which shall advertise current
or coming attractions only.
[2]
Not more than two additional signs, each not more than 12 square
feet in size, may be attached to the front wall of the theater, which
shall be used to advertise coming or current attractions only.
[3]
Ticket booth signs shall be governed by regulations affecting
window lettering and window signs.
(b)
Service station signs. Gasoline service stations and public
garages shall be permitted to display only the following signs:
[1]
One temporary sign, located inside the property line, specifically
advertising special or seasonal servicing of motor vehicles, provided
that such sign does not exceed seven square feet in size to a side.
[2]
One nonmoving, freestanding or pylon sign advertising the name
of the station and/or the principal products sold, including any special
company or brand name, insignia, or emblem, provided that the actual
sign area does not exceed 30 square feet in size to a side, and further
provided that such sign shall be more than 10 feet but less than 20
feet above ground level and no closer than five feet to any property
line.
[3]
Additional signs or lettering displayed over individual entrance
doors or bays, bearing legends essentially the same or similar to
the following: "washing," "lubrication," "repairs," or "mechanic on
duty." There shall be no more than one such sign over each entrance
or bay. Such signs shall not exceed six square feet in size, nor shall
the lettering on such signs be greater than 12 inches high.
[4]
Customary lettering or other insignia which are an integral
part of a fuel pump and consisting only of fuel name, lead warning
sign, price indicator and any other sign or signs as required by law.
Such sign shall not exceed three square feet in aggregate area on
each pump.
[5]
A single, nonilluminated credit card sign, not exceeding two
square feet in size, may be placed on or near each pump island.
(c)
Signs accessory to parking areas. In all zones, signs designating
entrance or exit, and/or street address, to or from a parking area
shall be limited to one sign with a maximum area of four-square feet
for each exit or entrance. One sign per parking area designating the
conditions of use or identity of such parking area and limited to
a maximum size of six square feet shall be permitted. Private driveway
signs indicating the private nature of a driveway shall be permitted,
provided that the size of any such signs shall not exceed two square
feet. All such signs shall be located five feet from a property line.
(6)
Signs in residential districts. Only the following types of signs
shall be permitted in residential districts:
(a)
Signs accessory to parking areas for institutional uses. Signs
designating entrances or exits to or from a parking area shall be
limited to one sign for each such exit or entrance, with a maximum
size of two square feet for each sign. One sign per parking area designating
the conditions of use or identity of such parking area and limited
to a maximum size of six square feet shall be permitted. Private driveway
signs indicating the private nature of a driveway shall be permitted,
provided that the size of any such signs shall not exceed two square
feet.
(b)
Nameplate and identification signs for single-family dwellings.
A sign indicating the name or address of the occupant may be permitted,
provided that the sign shall be no larger than one square foot.
(c)
Institutional signs. Signs of schools, colleges, churches and
other institutions of a similar public or semipublic nature may be
erected and maintained, provided that:
[1]
The size of any freestanding sign shall not exceed 10 square
feet, and not more than one such sign shall be placed on a property,
unless such property fronts upon more than one street, in which instance
a sign may be erected on each frontage.
[2]
Signs may be affixed to a maximum of two walls of a structure.
The total sign area on each wall shall not exceed 20 square feet or
2% of the wall, whichever is less. The wall area shall be measured
from ground level to the bottom of the roof eaves and from the side
of the building to the other side.
(7)
Signs for professional offices in detached single-family residences
in residential and nonresidential districts. Not more than one nonilluminated
sign not to exceed two square feet in area shall be permitted.
A.
General. All conditional uses shall be subject to site plan review.
A conditional use shall not be approved unless it is found that it
meets all the requirements of this chapter, does not substantially
impair the use and enjoyment of surrounding properties and does not
substantially impair the character of the surrounding area.
B.
Specific conditions for conditional uses.
(1)
Advertising agencies.
(a)
Shall be permitted on the second floor or above without limit
as to size.
(b)
Shall be permitted on the first floor in existing space measuring
1,000 square feet or less.
(c)
The space shall be measured from the interior wall surface of
the walls encompassing the use.
(d)
First-floor uses shall be required to provide on-site parking.
(2)
Appliance and electronic service supply and repair shops.
[Amended 9-27-2016 by Ord. No. 2016-23]
(a)
Shall be permitted on the first floor in existing space measuring
1,000 square feet or less.
(b)
Shall be permitted on the second floor or above without limit
as to size.
(c)
The space shall be measured from the interior wall surface of
the walls encompassing the use.
(d)
First-floor uses shall be required to provide on-site parking.
(4)
Auto repair garages.
(a)
Such uses shall be located a minimum distance of 200 feet from
other such uses, theaters and public recreation uses and drive-in
uses, as measured from the perimeter of the lot line.
(b)
Repairs and services shall take place within a principal structure.
All minor repairs and services are permitted to take place outdoors.
(c)
The minimum lot area shall be 15,000 square feet, with a minimum
street frontage of at least 100 feet.
(d)
The walls of the principal structure shall be at least 25 feet
from the side and rear property lines and at least 40 feet from a
street right-of-way line.
(e)
All exit and entrance drives shall be at least 10 feet from
any adjoining property line and 20 feet from the corner of an intersecting
public street.
(f)
Any fuel or air pump and filler pipe shall be located 25 feet
from any property line.
(g)
No sale, leasing or rental of any vehicles shall be permitted.
(h)
Permitted outdoor storage shall be limited to valid registered
light vehicles awaiting repairs; permitted outdoor parking shall be
limited to vehicles awaiting repairs, provided that those vehicles
shall be parked or stored on surfaced areas, including concrete, asphalt
or stone, and shall not hinder or obstruct access to dispensers, bays
and other service areas and shall be in accordance with an approved
site plan. No vehicle shall be kept overnight on jacks, stands or
lifts.
(i)
Such uses that are located less than 100 feet from a residential
zone, as measured from the perimeter of the lot line, shall be closed
between the hours of 10:00 p.m. and 6:00 a.m.
(j)
No other use shall be permitted on the same lot.
(k)
Such uses shall not be located in any special improvement district.
(5)
Banks and financial institutions. Such uses shall be located a minimum
distance of 200 feet from other such uses as measured from the perimeter
of the lot line.
(6)
Banks and financial institutions with drive-through.
(a)
Such uses shall be located a minimum distance of 200 feet from
other such uses, theaters and public recreation uses and repair garages
and gasoline service stations, as measured from the perimeter of the
lot line.
(b)
Ingress to the site shall not be from the same street as egress.
(c)
The minimum lot area shall be 15,000 square feet, with a minimum
street frontage of at least 100 feet.
(d)
A bypass lane shall be provided.
(7)
Bed-and-breakfast.
(a)
The owner or operator of the bed-and-breakfast establishment
shall live on the premises.
(b)
The total number of guest rooms shall not exceed 10.
(c)
The establishment shall be located within a one-thousand-foot
walking distance of a parking lot or an enclosed parking facility
in which space is leased for tenant use or within a one-thousand-foot
walking distance of Cranford Station.
(d)
New off-street parking facilities shall not be created for the
establishment unless the establishment is located in a base zone district
which allows accessory off-street parking.
(e)
Off-street parking spaces that were in existence as of the date
of adoption of this section may be utilized for the establishment.
(f)
The establishment may serve meals, but such meals shall be served
only to overnight guests of the facility.
(g)
Kitchen facilities other than a microwave oven and compact refrigerator
shall not be provided in individual guest rooms.
(8)
Community residences for the developmentally disabled and community
shelters for victims of domestic violence. Such uses containing more
than six persons, excluding resident staff, shall meet the following
conditions:
(a)
They shall house not more than 15 persons, excluding resident
staff.
(b)
The minimum lot area shall be 12,000 square feet for residences
or shelters with a capacity of seven persons, and for each additional
person up to 15, additional lot area of 1,000 square feet shall be
required.
(c)
They shall not be located less than 1,500 feet from an existing
such residence or shelter.
(d)
Before a certificate of occupancy is issued, the Planning Board
shall review and approve a site plan.
(e)
The maximum impervious surface requirement of the zone in which
such use is located shall be adhered to.
(f)
The proposed use shall maintain a residential appearance and
shall be substantially similar to the existing surrounding residential
development.
(g)
Off-street parking shall be required and located in accordance
with the requirements of this chapter on the basis of one additional
off-street parking space for each two persons, excluding residence
staff.
(h)
The Planning Board may deny the conditional use if the number
of persons resident at existing community residences or community
shelters exceeds 0.5% of the population of the municipality based
on population estimates published annually by the New Jersey Department
of Labor and Workforce Development.
[Amended 10-24-2017 by Ord. No. 2017-12]
(10)
Convenience stores with gasoline sales.
[Amended 11-5-2018 by Ord. No. 2018-16]
(a)
The minimum lot size shall be 60,000 square feet.
(b)
The lot shall have a minimum of 200 feet of frontage along a
state or county roadway.
(c)
Any overhead canopy serving the gas fueling positions shall
be set back a minimum of 30 feet from a public right-of-way.
(d)
The maximum impervious coverage shall be 80%.
(e)
The maximum height shall be 35 feet for principal buildings
and 30 feet for the canopy.
(f)
An average fifteen-foot landscaped buffer shall be provided
along any residential zone boundary line; however, in no event shall
said buffer area be less than 10 feet at any such location.
(g)
No auto repair or service, other than gasoline sales, shall
be permitted.
(h)
No tractor trailer diesel fuel sales shall be permitted.
(i)
Canopies shall have a pitched roof with a change in elevation
of at least seven feet from the bottom to the top most point of the
roofline.
(j)
The subject property shall be located a minimum of 100 feet
from any residential district as measured from the perimeter of the
lot line.
(l)
No sale, leasing, or rental of any vehicles shall be permitted.
(m)
The walls of the principal structure shall be at least 25 feet
from the side and rear lot lines and at least 40 feet from a street
right-of-way line.
(n)
All exit and entrance drives shall be at least 10 feet from
any adjoining property line and 20 feet from the corner of an intersecting
public street.
(o)
Any fuel or air pump and filler pipe shall be located 25 feet
from any property line.
(12)
Farm stands. Farm stands shall only be permitted where:
(a)
The products sold are in their natural state.
(b)
The stands are located on a farm.
(c)
The place of sale or storage of any such products, whether of
a permanent or temporary nature, shall not be closer than 100 feet
to any side or rear lot line.
(d)
The sale of any such products shall not have a deleterious effect
on adjoining properties by reason of nuisance or health hazard or
other factors as specified in this chapter.
(e)
The sale of any such products shall also require that a suitable
amount of off-street parking and loading space be required as provided
in this chapter.
(13)
Gasoline service stations.
(a)
Such uses shall be located a minimum distance of 100 feet from
any residential zone as measured from the perimeter of the lot line.
(b)
All repairs and services shall take place within a principal
structure. All minor repairs and services are permitted to take place
outdoors.
(c)
The minimum lot area shall be 15,000 square feet, with a minimum
street frontage of not less than 100 feet on a single street.
(d)
The walls of the principal structure shall be at least 25 feet
from the side and rear lot lines and at least 40 feet from a street
right-of-way line.
(e)
All exit and entrance drives shall be at least 10 feet from
any adjoining property line and 20 feet from the corner of an intersecting
public street.
(f)
Any fuel or air pump and filler pipe shall be located 25 feet
from any property line.
(g)
No sale, leasing, or rental of any vehicles shall be permitted.
(14)
Golf courses.
(a)
The minimum site area shall be 80 acres, all of which need not
be in the Township of Cranford.
(b)
There shall be not fewer than nine regulation holes.
(c)
Accessory uses shall be limited to dining and refreshment facilities,
driving ranges, equipment sales and rentals (pro shop), parking, practice
greens and tees.
(d)
Golf course holes and tees shall set back not less than 50 feet
from any district boundary line or property line.
(e)
All accessory buildings, structures and uses shall meet the
setback requirements of the C-3 District.
(f)
All other C-3 District standards shall apply.
(15)
Hotels.
(a)
Such uses shall be required to provide adequate on-site parking
in accordance with the provisions of this chapter.
(b)
Hotel and motel units shall not contain kitchen facilities of
any nature, shall not be used as apartments for nontransient tenants,
shall not contain more than two rooms and shall not be connected by
interior doors in groups of more than two. There shall be no more
than one hotel or motel unit for each 1,000 square feet of site area,
exclusive of required yards.
(c)
Each hotel or motel room shall have an area of at least 300
square feet. Each hotel or motel unit shall have a bath facility with
shower or bath, one toilet facility and sink.
(d)
The following accessory uses shall be permitted:
[1]
One coffee shop for hotels or motels with no more than 100 rooms.
For hotels or motels of over 100 rooms, a restaurant and a coffee
shop are permitted. Such facilities shall be located within the hotel
building.
[3]
Office and lobby, provision of which shall be mandatory for
each hotel.
[4]
Meeting and/or conference rooms.
(16)
Institutional and public uses.
(a)
Such uses shall be permitted in residential zones only if located
on a primary or secondary arterial street.
(b)
A minimum lot area of one acre shall be provided.
(c)
All or part of the required off-street parking may be located on a separate lot in accordance with Article IV of this chapter and such separate lot area may be counted as part of the minimum required lot area.
(d)
The maximum impervious surface shall not exceed that permitted
in the zone where located.
(e)
The minimum side yard shall be equal to the height of the principal
structure or 20 feet, whichever is greater.
(f)
The front and rear yards shall be the same as required for principal
permitted uses in the zone where located or 20 feet, whichever is
greater.
(g)
A ten-foot landscaped buffer shall be required along the rear
property line.
(h)
Parking areas shall be screened from view from residential zones
or uses by landscaping, fencing, or a combination thereof to create
a buffer at least five feet wide and at least five feet tall and shall
provide screening of vehicles in all seasons.
(i)
Trash disposal areas shall be located as far from residential
zone boundaries as possible.
(j)
Lighting shall be located no closer than eight feet to an adjoining
residential district and shall not exceed eight feet in height. Lighting
shall be designed to avoid up-lighting or halo effect with fixtures
incorporating shielding/cutoffs to prevent spillage off site and on
adjacent residential properties.
(18)
Offices, professional, business and administrative uses.
[Amended 9-27-2016 by Ord. No. 2016-23]
(a)
Offices shall be permitted on the second floor or above without
any limit as to size.
(b)
Offices (not accessory to any other permitted use) shall only
be permitted on the first floor in existing space measuring less than
1,000 square feet or in an existing office-style building that does
not have storefront-type windows on the first floor.
(c)
Space shall be measured from the interior wall surface of the
walls encompassing the office.
(d)
First-floor offices shall be required to provide off-street
parking.
(e)
No first-floor space for a single occupant may be divided to
create an occupant space of less than 1,000 square feet.
(19)
Office, professional, in dwellings.
(a)
Such uses shall be allowed in all residential zones and all
nonresidential zones in one-family detached dwellings in accordance
with the following requirements:
[1]
The minimum lot size shall be 10,000 square feet.
[2]
The professional must reside on the premises.
[3]
A maximum of two nonresident employees shall be permitted.
[4]
Not more than 25% of the gross floor area of the principal building,
excluding cellar areas, shall be permitted to be used for the professional
office.
[6]
No retail sale of products shall be permitted.
[7]
Only one practitioner at any time may be allowed on the premises.
[8]
Professional offices in the R-1 through R-5 Zones shall be permitted
only on those streets designated as major or minor arterials in the
1979 Cranford Master Plan.
(b)
The Planning Board shall approve a site plan of the professional
office, which shall meet site plan review standards and requirements
set forth in this chapter.
(20)
Printing and publishing services.
(a)
Shall be permitted on the second floor or above without limit
as to size.
(b)
Shall be permitted on the first floor in existing space measuring
1,000 square feet or less.
(c)
The space shall be measured from the interior wall surface of
the walls encompassing the use.
(d)
First-floor uses shall be required to provide on-site parking.
(21)
Public and private garages.
(c)
Maximum height.
[1]
The maximum height for a parking garage serving private uses
shall be the same as for the district in which it is located.
[2]
Maximum lot coverage. The maximum lot coverage for a parking
garage serving public uses and located within 100 feet of the public
building it is intended to serve shall be 95%. For other parking garages,
the lot coverage requirements for the district in which the garage
is located shall apply.
(d)
Principal uses permitted in parking garages. In addition to
off-street parking, the following uses shall be permitted on ground
level facing the street in a parking garage:
(22)
Residential uses.
[Amended 9-27-2016 by Ord. No. 2016-23]
(a)
Each apartment shall have its own entrance to a hallway, staircase
or to the exterior.
(b)
The ground floor entrance to the apartment unit or units shall
be separate from the entrance to the ground floor use.
(c)
An applicant or developer shall provide credible evidence to
the satisfaction of the reviewing board that sufficient parking spaces
are available and/or reserved in either public or private off-street
parking lots for the overnight parking of vehicles of the prospective
tenants of the apartment or apartments.
(d)
Such apartments shall be a minimum of 700 square feet for one-room
studio or efficiency apartments and 150 square feet for each additional
bedroom, but in no case contain more than two bedrooms.
(e)
No boarders shall be permitted to occupy such apartments, nor
shall any portion of the space within the apartment be sublet or rented
out for any period of time.
(f)
A minimum lot size of 5,000 square feet is required.
(g)
The gross density shall not exceed 10 units per acre.
[Amended 11-26-2019 by Ord. No. 2019-12]
(h)
A principal nonresidential use must be located on the ground
floor of the building.
(25)
Security brokers.
(a)
Shall be permitted on the second floor or above without limit
as to size.
(b)
Shall be permitted on the first floor in existing space measuring
1,000 square feet or less.
(c)
The space shall be measured from the interior wall surface of
the walls encompassing the use.
(d)
First-floor uses shall be required to provide on-site parking.
(26)
Semidetached one-family dwellings in the R-5 Zone.
(a)
Except as part of a townhouse development, the minimum lot width
and area shall be the same as required for a one-family detached dwelling.
(b)
Such uses shall be constructed in attached pairs simultaneously
on contiguous lots.
(c)
The minimum remaining side yard shall be not less than 30% of
the lot width.
(27)
Social service agencies.
(a)
Shall be permitted on the second floor or above without limit
as to size.
(b)
Shall be permitted on the first floor in existing space measuring
1,000 square feet or less.
(c)
The space shall be measured from the interior wall surface of
the walls encompassing the use.
(d)
First-floor uses shall be required to provide on-site parking.
(28)
(29)
Theaters. Such uses shall be located a minimum distance of 200
feet from other such uses, drive-in uses, auto repair garages and
gasoline service stations, as measured from the perimeter of the lot
line.
(30)
Veterinarian office.
(a)
Shall be permitted on the second floor or above without limit
as to size.
(b)
Shall be permitted on the first floor in existing space measuring
1,000 square feet or less.
(c)
The space shall be measured from the interior wall surface of
the walls encompassing the use.
(d)
First-floor uses shall be required to provide on-site parking.
A.
Existing buildings solely in residential use. Any existing building
located in a fire zone, as designated by the Township, which is solely
in residential use shall not be changed or converted to any nonresidential
use unless the construction of such building meets the requirements
of the fire zone in all respects. Any such building, the construction
of which does meet the requirements of the fire zone in all respects,
may be changed or converted to nonresidential use as permitted by
this article.
B.
Planning Board approval. Before the change or conversion of any existing
building in a fire zone, as permitted in this article, the Planning
Board shall review and approve a site plan.
A.
No outdoor storage of merchandise, articles, material or vehicles
shall be permitted in any zone except for used cars as part of a new
car dealer. The provisions of this section shall not be construed
to prohibit customary accessory uses in residential zones such as
patios, picnic tables, outdoor fireplaces and similar uses, nor shall
it be construed to prohibit outdoor storage or parking which may be
specifically permitted elsewhere in this chapter.
B.
Portable home storage units.[1]
(1)
PORTABLE HOME STORAGE UNIT
Definition. As used in this subsection, the following term shall
have the meaning indicated:
A portable shed or storage container, storage unit, shed-like
container or other portable structure that can or may be used for
the storage of personal property of any kind and which is located
for such purposes outside an enclosed building other than an accessory
structure. The term "portable home storage unit" includes but is not
limited to PODS®.
(2)
A portable home storage unit may be placed upon any property only
upon the issuance of a permit by the Zoning Officer. The application
fee is $25.
(3)
Permission will be granted for a period of 30 days. At the expiration
of the thirty-day period, the permittee may seek one extension of
the permit for 30 days for an additional fee of $25.
(4)
Portable home storage units are prohibited from being placed in streets
or in front yards of a property. Portable home storage units must
be kept in the driveway of the property at the furthest accessible
point from the street, or in the rear yard. All locations must be
paved off-street surfaces. The applicant must obtain pre-approval
from the Zoning Officer in the following situations:
(5)
This subsection shall be enforced by the Police Department and the
Zoning Officer.
A.
Continuation of use. A use, building or structure lawfully in existence
at the effective date of this chapter which shall be made nonconforming
at the passage of this chapter or by an amendment to this chapter
may be continued except as otherwise provided in this section.[1]
B.
Nonconforming setbacks. Where a lot exists in single ownership and
is improved with a building which is nonconforming due to location,
said building may be expanded, provided that existing nonconforming
yards or setbacks are only extended and not further encroached upon,
and further provided that where yards or setbacks are required, no
such yard or setback shall be less than five feet.
C.
Regulation of nonconforming uses.
(1)
No existing building or premises devoted entirely or in part to a
nonconforming use shall be enlarged, extended, reconstructed, substituted
or structurally altered except to enlarge or allow a conforming use,
or as follows:
(a)
Restoration. Except as in Subsection C(1)(b) below, any nonconforming use or structure damaged by fire, casualty or act of God may be repaired but not further enlarged.
(b)
Destruction. If, in the opinion of the Construction Official,
a structure is damaged beyond repair, any new structure and the use
thereof shall be in compliance with this chapter.
(c)
Repairs. Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided that it does not extend
the area or volume of space occupied by the nonconforming use and
does not increase the number of dwelling units.
(d)
Residential garages. A single-family residence constructed with less than the required private garage parking may be enlarged, extended, substituted or structurally altered if otherwise in conformity, provided that the minimum number of off-street parking spaces as required under § 255-44 are constructed, but such spaces need not be garages.
(2)
Nothing in this section shall prevent the strengthening or restoring
to a safe or lawful condition of any part of any building or structure
declared unsafe or unlawful by the Construction Official or other
authorized state or Township official.
A.
Intent. The intent of the C-3 Commercial District is to permit the
development of office, research, limited assembly and warehouse distribution
uses in a comprehensively planned and aesthetically designed setting.
Because of its location adjacent to existing residential areas in
the Township, only those uses and operations which can be compatible
with and which will not adversely impact adjacent residential areas
are to be permitted in this zone. As such, it is the intent of this
zone to permit only development of high aesthetic quality and proper
site design. Bulk and yard requirements for this zone are set forth
in the Schedule of Zone District Area, Yard and Building Requirements
found at the end of this chapter.
B.
Planned development option in the C-3 Zone.
(1)
Purpose. The intent of the C-3 planned development option is to provide
for the development of uses permitted in the C-3 Zone in accordance
with a comprehensive plan and in balance with available infrastructure
systems, including roads and transportation facilities, of sound design
and sufficient capacity to protect the health, safety and welfare
of the residents of Cranford. In addition, the purpose of this section
is to provide an orderly procedure for the review, consideration and
approval of planned developments within the C-3 Zone of the Township
of Cranford. This section is designed to encourage:
(a)
The innovative design and development of those uses permitted
in the C-3 District in accordance with a comprehensive general development
plan for the tract.
(b)
The creation of a planned development that protects and preserves
the existing character and continued viability of adjacent residential
areas and preserves existing landscape features and setbacks to provide
a good transition between the permitted nonresidential uses and the
existing residences along Walnut Avenue.
(c)
Careful planning of traffic circulation and off-street parking
in order to avoid traffic congestion and inadequate parking and to
ensure the continued functioning of Walnut Avenue and the intersection
of Walnut Avenue and Raritan Road as an effective and attractive gateway
into Cranford Township.
(d)
The planning and utilization of land and buildings in a manner
that will contribute to the economic base of the Township of Cranford.
(2)
For the purposes of interpretation of this subsection, planned development
within the C-3 Zone shall be regarded as "planned development," as
that term is used and defined in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
(3)
General provisions.
(a)
Within those areas specifically designated on the Zoning Map
of Cranford Township as C-3 Commercial District, an application may
be made in accordance with the regulations and procedures described
in this section pertaining to a planned development, provided that
the proposal meets with all of the following minimum criteria:
[1]
The tract area to be developed has a minimum of 20 acres.
[2]
The tract area is to be developed according to a comprehensive
general development plan as a single entity to accommodate those uses
as permitted.
[3]
A traffic reduction plan shall be provided in compliance with the requirements of Article VI of this chapter.
[4]
Improvements to the intersection of Walnut Avenue and Raritan
Road are sufficient to ensure that this intersection continues to
function at an acceptable level of service in accordance with the
standards of intersection operation established by the Institute of
Transportation Engineers (ITE) and as further defined in Subsection
B(3)(a)[4][a] through [c].
[a]
To enable the intersection to function at an acceptable
level of service, planned developments with the principal vehicular
access point on Walnut Avenue shall, at a minimum, include improvements
to Walnut Avenue to provide a dedicated left-hand-turn lane, a through-movement
lane and a right-hand-turn lane at both the northbound and southbound
approaches at its intersection with Raritan Road, with appropriate
signal timing.
[b]
Planned developments which have their principal
access point on Raritan Road shall, at a minimum, include improvements
to Raritan Road to provide a dedicated left-hand-turn lane, a through-movement
lane and a right-hand-turn lane in the eastbound and westbound approaches
at its intersection with Walnut Avenue, with appropriate signal timing.
[c]
To enable the intersection to function at an acceptable
level of service, planned developments which have more than 150 feet
of frontage on both Walnut Avenue and Raritan Road shall, at a minimum,
include improvements to Walnut Avenue to provide a dedicated left-hand-turn
lane, a through-movement lane and a right-hand-turn lane in the eastbound
and westbound approaches at its intersection with Raritan Road, with
appropriate signal timing, and improvements to Raritan Road to provide
a dedicated left-hand-turn lane, a through-movement lane and a right-hand-turn
lane in the eastbound and westbound approaches at its intersection
with Walnut Avenue, with appropriate signal timing. At least one major
vehicular access point to the site shall be provided on both Walnut
Avenue and Raritan Road.
(b)
Maximum floor area ratio (FAR) for planned developments in the C-3 Zone shall be 0.60, and a maximum of 65% of the gross floor area of the entire development may be developed as office. For the purpose of calculating this percentage, executive and administrative offices developed as ancillary to any office distribution center, as defined in § 255-1 of this chapter, developed on site or ancillary to any limited assembly use on site shall be included in the calculation of the total square footage of office uses. Planned developments which provide, at a minimum, improvements to Walnut Avenue as specified in Subsection B(3)(a)[4][a] of this section and, in addition, provide improvements to Raritan Road to provide, at a minimum, the improvements specified in Subsection B(3)(a)[4][b] of this section, may be developed with up to 100% of the total gross floor area as office.
(4)
Permitted uses. All uses permitted in an C-3 Zone as set forth in § 255-36, Use regulations, shall be permitted in an C-3 planned development option.
(5)
Findings for planned developments. Prior to approval of any planned
development option, the Planning Board shall find, as required by
N.J.S.A. 40:55D-45, the following facts and conclusions:
(a)
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.
(b)
That the proposals for maintenance and the amount, location
and purpose of any common open space which may be provided as part
of the development are adequate.
(c)
That provisions 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.
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
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 owners of the proposed development in the total completion of
the development are adequate.
(6)
Procedure for approval of the planned development.
(a)
Planning Board review. The Planning Board shall review applications
for approval of a planned development in accordance with the provision
of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(b)
Required submissions; complete application. An application for
approval of the planned development shall be deemed complete upon
submission by the applicant of the following:
[1]
An application form containing the name of the developer; a
signed statement of the developer affirming compliance with all of
the minimum criteria for planned development contained in this section;
proof that the property taxes pertaining to the subject property have
been paid to date; a corporate or partnership disclosure statement
where applicable, in accordance with the provisions of N.J.S.A. 40:55D-48.1
and 40:55D-48.2; and any application fees that may be established
by ordinance.
[2]
A general development plan consisting of the following plans
and statements:
[a]
A land use plan, indicating the tract area and
general locations and approximate land areas to be devoted to the
proposed land uses. The land use plan shall be prepared at a scale
of not smaller than one inch equals 50 feet. The total amount of floor
area and floor area ratio (FAR) for the entire planned development
shall be specified, including the total amount of floor area and FAR
for each type of use to be developed in the planned development.
[b]
A traffic circulation plan indicating the location
of all internal roadway parking and loading areas and the locations
of ingress and egress, as well as all planned improvements to local
and county streets, roads and intersections. A traffic impact analysis
shall also be submitted. The traffic impact analysis shall indicate
the impact of the proposed development on the surrounding road network,
including the impact on the level of service of the Walnut Avenue
and Raritan Road intersection. The traffic report shall specify sufficient
intersection improvements which may be provided by the applicant or
the county to mitigate any adverse impacts identified in this traffic
report and ensure that the Walnut Avenue/Raritan Road intersection
functions at an acceptable level of service in accordance with the
standards for intersection operation accepted by the Institute of
Traffic Engineers (ITE). The plan shall indicate how the overall collector
and arterial road network relates to the overall design of the planned
development and the county and municipal road network. The traffic
circulation plan shall conform to the plan adopted by Cranford Township
in connection with any off-tract improvements.
[c]
A drainage and stormwater management plan, indicating the general size and location of on-site and off-site drainage areas and the direction of runoff flow, the approximate size of major existing conduits and pipes, existing watercourses and floodplains and the existing and proposed methods of controlling and draining surface water on and from the site. The drainage plan shall be in accordance with the provisions of Chapter 225, Flood Damage Prevention, and Chapter 364, Stormwater Management, of this Code.
[d]
An open space and buffering plan, indicating the approximate major land areas to be open space and buffer areas, a description of the intended improvements within said areas and the allocation of responsibility for maintenance of the open space and buffers. This plan shall be prepared in accordance with the buffering and landscape guidelines specified in § 255-25B(4) of this chapter.
[e]
A fiscal report describing the anticipated demands
on municipal services to be generated by the planned development and
any other financial impacts to be faced by the municipality as a result
of the completion of the planned development. The fiscal report shall
also include a detailed projection of property tax revenues which
will accrue to the county, municipality and school district according
to the time schedule for development of the planned development and
following the completion of the planned development in its entirety.
[f]
In the case of a planned development whose construction
is contemplated over a period of years, the general development plan
shall include a proposed timing schedule, including any terms or conditions
which are intended to protect the interests of the public and the
occupants of any section or phase of the planned development prior
to the completion of the development in its entirety.
(c)
Technical analysis. Upon submission of an application for planned
development to the Planning Board, the applicant shall submit a copy
of the application to the Development Coordinator. Within 15 days
of receipt of the copy of the application by the Development Review
Committee, the Committee shall meet with the developer's experts for
the purpose of reviewing the general development plan.
(d)
Technical report submitted to Planning Board. The Development Review Committee shall submit a report of its technical analysis to the full Planning Board within 45 days of submission of a complete application by the applicant. The review of the Development Review Committee shall be based upon the design standards set forth in this section and Article IV, Development Requirements and Standards, of this chapter and any other applicable recognized professional engineering standards.
(e)
Planning Board review. The Planning Board shall schedule hearings
on the application for the planned development at the time the application
is deemed complete by the Development Coordinator.
(f)
Action by the Planning Board. The Planning Board shall approve
the application for the planned development if it finds that the application
conforms to and complies with the requirements of this section.
(7)
Effect of planned development option approval.
(a)
The term of effect of the general development plan approval
shall be determined by the Planning Board, except that the term of
the effect of the approval shall not exceed 20 years from the date
upon which the developer receives final approval of the first section
or phase of the planned development. In making its determination regarding
the duration of the effect of approval of the development plan, the
Planning Board shall consider the amount of nonresidential 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 capacity for completing the proposed
development and the contents of the general development plan and any
conditions which the Planning Board attaches to the approval thereof.
(b)
Approval of preliminary and final site plan and/or subdivision applications which may be submitted from time to time for portions of a planned development shall be granted upon proof of compliance with the approved general development plan and with the permitted uses, densities and development standards set forth in this chapter and, in the case of a planned development with an approved traffic reduction plan, Article VI of this chapter as of the date of approval of the planned development option. Notwithstanding the above, the applicant may be required by the Planning Board to post any performance or maintenance guaranties and pay any inspection fees permitted by statute in accordance with N.J.S.A. 40:55D-53 and required by ordinance.
(8)
Planned development approval revisions. Any revisions to the general
development plan shall be in accordance with the provisions of the
Municipal Land Use Law (N.J.S.A. 40:55D-45.4 to 55D-45.6).
[Amended 9-27-2016 by Ord. No. 2016-23]
In all zones off-street parking shall be provided for all uses
in accordance with the following schedule. All ground floor nonresidential
principal permitted uses in the D-C and D-T Zones, except offices,
shall not be required to provide off-street parking spaces. These
are Central Business District blocks for which public parking shall
be provided by the Township.
A.
Minimum required off-street parking schedule for nonresidential uses.
The number of off-street parking spaces required for any nonresidential
use shall be determined by reference to Parking Schedule I below.
(1)
Unscheduled uses. Off-street parking requirements for uses not listed
in Parking Schedule I shall be established by the Board, based upon
accepted industry standards.
(2)
Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification in accordance with shared parking rules identified in Subsection C.
(3)
Fractional spaces. Whenever the application of Parking Schedule I
standards results in the requirement of a major fraction of a space
in excess of 50%, a full space shall be required.
(4)
On-street parking directly in front of a business shall count towards
meeting off-street parking requirements. A length of 23 feet per on-street
parking space shall be used in calculating the number of available
on-street parking spaces.[1]
Parking Schedule I
Parking Requirements for Nonresidential Uses
| |||
---|---|---|---|
Use
|
Required Parking Spaces
| ||
Advertising agency
|
1 for each 300 square feet of net floor area
| ||
Air-conditioning and heating service and repair shop
|
1 for each 500 square feet of net floor area
| ||
Assisted living facility
|
0.5 per dwelling unit
| ||
Auto repair garage (without gasoline)
|
3 for each bay, plus not fewer than 1 per each service vehicle
| ||
Bank and financial institution
|
1 for each 200 square feet of net floor area
| ||
Bank and financial institution with drive-through services
|
1 for each 200 square feet of net floor area
| ||
Bowling establishment
|
1 for each 180 square feet
| ||
Building supply store
|
1 for each 500 square feet of net floor area
| ||
Child-care center
|
None as per N.J.S.A. 40:55D-66.6; however 1 per 270 square feet
is encouraged in accordance with ITE parking generation standards
| ||
Colleges
|
2 for each 3 full-time day students and 1 for each 5 part-time
day students
| ||
Community care retirement community
|
1.3 per dwelling unit
| ||
Convenience store (without gasoline)
|
1 for each 200 square feet of net floor area
| ||
Convenience store with gasoline sales
|
1 for each 150 square feet of net floor area
| ||
Dance and theatrical studio
|
1 for each 3 seats or 1 per 200 square feet whichever is greater
| ||
Dwelling (not subject to Residential Site Improvement Standards)
|
1.5 per dwelling unit
| ||
Educational services
|
1 for each 200 square feet of net floor area
| ||
Electronic and computer repair and supply store
|
1 for each 200 square feet of net floor area
| ||
Essential services
|
1 for each 400 square feet of net floor area
| ||
Farm stand
|
A minimum of 3 for the first 250 square feet of retail display
area and 1 per every 50 additional square feet of retail display area
| ||
Financial institution
|
1 for each 250 square feet of net floor area
| ||
Funeral home
|
10, plus 1 for each 50 square feet of net floor area
| ||
Gasoline service station (without convenience store and/or auto
repair)
|
1 per 200 square feet of net floor area
| ||
Health care facility or clinic
|
1 for each 200 square feet of net floor area
| ||
Home improvement superstore
|
1 per 350 square feet of gross floor area
| ||
Hotel and motel
|
1 for each rental unit
| ||
Industrial use (general)
|
1 for each 400 square feet of net floor area
| ||
Institutional and public use
|
1 for each 3 seats or 1 per each 25 square feet of assemblage
area, whichever is greater
| ||
Laboratory and research use
|
1 for each 300 square feet of net floor area
| ||
Light industrial
|
1 for each 1,000 square feet of net floor area
| ||
Limited assembly
|
1 for each 650 square feet of net floor area
| ||
Liquor store
|
1 for each 333 square feet of net floor area
| ||
Museum and art gallery
|
1 for each 500 square feet of net floor area
| ||
New and used automobile dealer
|
1 for each 200 square feet of net floor area plus 1 per each
1,000 square feet of lot area
| ||
Nursing home
|
1 for each 2 beds
| ||
Office, administrative and executive not listed elsewhere
|
1 for each 250 square feet of net floor area
| ||
Office, dentist or physician
|
4 for each dentist or physician, plus 1 for each 250 square
feet of net floor area
| ||
Office, distribution center
|
1 for each 4,000 square feet of net floor area devoted to a
warehouse and storage and 1 for every 250 square feet of net floor
area devoted to office space
| ||
Office, other
|
1 for each 250 square feet of net floor area, except in the
D-C, D-B and D-T Zones, where 1 for each 325 square feet of net floor
area
| ||
Office, professional (except dentist or physician)
|
1 for each accountant, architect, attorney, or engineer and
250 square feet of net floor area
| ||
Office, supply and support store
|
1 for each 250 square feet of net floor area
| ||
Physical fitness studio and gym
|
1 for each 150 square feet of net floor area
| ||
Place of worship, community building, social hall and place
of public assembly
|
1 for each 3 seats, or 1 for each 72 inches of seating space
when benches rather than seats are used; where the specific amount
of seating is undetermined, then 1 parking space shall be required
for each 25 square feet of assemblage area
| ||
Recreation use
| |||
Bowling alley
|
5.5 per lane
| ||
Court games
|
4 for each court
| ||
Golf course
|
8 for each tee
| ||
Golf driving range
|
1.25 for each tee
| ||
Other
|
1 for each 150 square feet of floor area
| ||
Religious goods store
|
1 for each 250 square feet of net floor area
| ||
Restaurant (with seats)
|
1 for each 2.5 seats
| ||
Restaurant (without seats)
|
1 per 75 square feet of customer service area
| ||
Retail service
|
1 for each 250 square feet of net floor area
| ||
Retail trade
|
1 for each 250 square feet of net floor area
| ||
School
| |||
Grades K-10
|
1 1/2 for each classroom
| ||
Grades 11 and 12
|
10 for each classroom
| ||
Self-storage facility
|
1 for each 5,000 square feet of gross floor area
| ||
Social service agency
|
1 for each 200 square feet of net floor area
| ||
Swim club
|
1 for each family membership unit
| ||
Theater
|
1 for each 3 seats or 1 per each 25 square feet of assemblage
area, whichever is greater
| ||
Veterinarian office
|
1 for each veterinarian and 200 square feet of net floor area
| ||
Warehouse
|
1 per each 4,000 square feet
| ||
Website designer
|
1 for each 250 square feet of net floor area
| ||
Wholesale establishment or warehouse; furniture store
|
1 for each 800 square feet of net floor area
| ||
Yoga studio
|
1 for each 150 square feet of net floor area
|
B.
Minimum required off-street parking schedule for residential uses.
The number of off-street parking spaces required for residential uses
shall be determined pursuant to N.J.A.C. 5:21, as amended, and by
reference to Parking Schedule II below. Alternative parking standards
to those shown in the schedule below shall be accepted if the applicant
demonstrates these standards better reflect local conditions. Factors
affecting minimum number of parking spaces include household characteristics,
availability of mass transit, urban versus suburban location and available
off-site parking sources.
Parking Schedule IIa
Parking Requirements for Residential Land Uses
| |||
---|---|---|---|
Housing Unit Type/Size
|
Parking Requirement
| ||
Single-family detached and two-family
| |||
2 bedroom
|
1.5
| ||
3 bedroom
|
2.0
| ||
4 bedroom
|
2.5c
| ||
5 bedroom
|
3.0
| ||
Garden apartmentb
| |||
1 bedroom
|
1.8
| ||
2 bedroom
|
2.0c
| ||
3 bedroom
|
2.1
| ||
Townhouseb
| |||
1 bedroom
|
1.8
| ||
2 bedroom
|
2.3c
| ||
3 bedroom
|
2.4
| ||
Retirement community
|
Values shall be commensurate with the most appropriate housing
type and size noted above that the retirement community resembles
| ||
Assisted living
|
0.5
|
Notes:
| ||
---|---|---|
a
|
As amended from time to time.
| |
b
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parking (0.5 space per dwelling unit).
Guest parking must be provided for either on street or in common parking
areas.
| |
c
|
If the applicant does not specify the number of bedrooms per
unit, this parking requirement shall apply.
|
(1)
Garage and driveway combinations shall be counted as follows:
(a)
Each garage car space shall be counted as 1.0 off-street parking
space, provided the driveway measures a minimum of 18 feet in length
between the face of the garage door and the right-of-way.
(b)
A one-car garage and driveway combination shall count as 2.0
off-street parking spaces, provided the driveway measures a minimum
of 18 feet in length between the face of the garage door and the right-of-way.
(c)
A two-car garage and driveway combination shall count as 3.5
off-street parking spaces, provided a minimum parking area width of
20 feet is provided for a minimum length of 18 feet as specified for
a one-car garage and driveway combination.
(d)
When housing is included in mixed-use development in accordance with Subsection C below, a shared parking approach to the provision of parking shall be permitted.
(e)
When, in the judgment of the Board, on-street parking is available,
then only that proportion of the parking requirement which is not
available on the street shall be provided in off-street parking facilities.
A length of 23 feet per on-street parking space shall be used in calculating
the number of available on-street parking spaces.
(f)
For projects containing dwelling units required by the New Jersey
Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7)
to be accessible, parking spaces for people with disabilities shall
be provided in accordance with the requirements of the Barrier Free
Subcode and shall be considered part of the total number of required
spaces.
C.
Shared parking.
(1)
In the D-C, D-B, D-T, VC and ORC Districts, shared parking may be
applied when land uses have different parking demand patterns and
are able to use the same parking spaces/areas throughout the day.
Applicants for new developments or significant redevelopment of site(s)
should examine the feasibility of using shared parking arrangements.
(2)
A use for which an application for shared parking is made shall be
located within 800 feet of the parking facility which is being shared.
(3)
An agreement providing for the shared use of parking, executed by
all the parties involved, shall be approved by the approving board's
attorney and filed with the Township Clerk. Shared parking privileges
shall continue in effect so long as the agreement, binding on all
parties, remains in force. If the agreement is no longer in force,
parking shall be provided as otherwise required in this chapter.
(4)
The approving board may require that an applicant for shared parking
provide testimony and/or a shared parking feasibility study in support
of the application from a licensed engineer in the State of New Jersey
with expertise in parking operations.
(5)
Shared parking for uses with different hours of operation. Shared
parking shall be permitted between two uses with differing hours of
operation, provided that the approving board shall have discretion
in determining which uses are daytime uses and which are nighttime
or Sunday uses. The following shall serve as general guidelines:
(a)
The following uses may be generally considered daytime uses:
(c)
The approving board may authorize the use of up to 90% of the
required off-street parking for a daytime use to serve as the required
off-street parking for a nighttime or Sunday use and vice versa. The
applicant shall demonstrate that the hours of operation of the two
uses will not conflict, and the approving board shall place conditions
limiting the hours of operation to ensure that adequate parking is
available to all users at the appropriate times.
D.
General parking requirements.
(1)
Off-street parking requirements for a combination of uses shall be
computed separately and then added together to compute the total number
of required parking spaces, except for places of worship, community
buildings, social halls and places of public ownership where the facility
or use requiring the maximum number of spaces shall prevail. In all
questionable or doubtful cases, or for uses not enumerated, the Planning
Board shall determine the required number of spaces.
(2)
If the Construction Official orders the demolition of a dilapidated,
detached garage, no replacement garage need be erected for residential
uses, subject to the following conditions:
(a)
The garage shall have been constructed prior to July 1, 1959.
(b)
Only operational, noncommercial, light vehicles shall be kept
on the premises.
(c)
If deemed necessary by the Construction Official, the garage
slab and footing shall also be removed.
(d)
On-site parking shall be provided in accordance with the applicable
provisions of this chapter.
(3)
Parking in residential zones. Only currently registered, operational,
noncommercial light vehicles may be parked on any property in a residential
zone, except that the following are also permitted:
(a)
One commercial light vehicle used by the occupant, if garaged.
(b)
Unregistered or nonoperational light vehicles owned by the occupant,
if garaged or stored in a rear yard.
(c)
Two items of recreation equipment belonging to the occupant,
if garaged or stored in the rear yard. Any recreation item or items
affixed on a recreation trailer as for travel shall, together with
the trailer, be considered as one item of recreation equipment.
(d)
Vehicles other than light vehicles used by an occupant in connection
with a conditional use, if garaged.
(e)
Vehicles being used in connection with a service, pickup or
delivery being provided at the property.
(4)
The provisions of Subsection D(3) shall be enforced by the Cranford Police Department and the Zoning Officer.
(5)
All new one- and two-family homes are required to provide a garage
for at least one on-site parking space. All existing one- and two-family
homes constructed without a driveway may construct a driveway on site
without erecting a garage.
(6)
Off-street parking facilities as accessory to any use permitted in
a residential zone shall be provided on the same lot with the permitted
principal building.
(7)
Off-street parking facilities as required by this article in nonresidential
zones shall be provided on the same lot as the principal building
or use or on other property or properties owned by the applicant in
the same or other nonresidential zone, provided that all such property
so used is within 600 feet, measured in a straight line, of any entranceway
to the principal building or use. This provision shall apply only
to those properties which are entirely in the Township of Cranford.
[Added 1-26-2016 by Ord.
No. 2016-01]
No person shall install and/or operate a pipeline carrying crude
or other petroleum oil within 100 feet of any building intended for
human occupancy which is in existence prior to, or under construction
at the date of, execution of the right-of-way agreement, or at the
date of filing with the Clerk of the Superior Court of a complaint
in a condemnation action, unless such person has obtained prior Board
of Adjustment ("Board") approval of a permit for the installation
and/or operation of the pipeline.[1]