A.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged, or rebuilt, nor any land be designed and used or intended to be used, for any purpose other than those permitted in this chapter, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area, building location, percentage of lot coverage, and off-street parking space specified in this chapter, and such other regulations designated in the schedule appended hereto, constituting a part of Article III of this chapter, for the zone in which such building or space is located. In the event of such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the certificate of occupancy of such building shall thereupon become null and void.
B.
No lot shall have erected upon it more than one residential building.
C.
Every principal building shall be built upon a lot with frontage
upon an approved and dedicated public street.
D.
An accessory building attached to the main building shall comply
in all respects with the requirements of this chapter applicable to
the main building.
E.
The height limitations of this chapter shall not apply to chimneys,
church spires, gables, cupolas, flagpoles, monuments, radio or television
antennas for residential use, cables and similar structures and necessary
mechanical appurtenances for the zone in which the building is located,
provided that no exception shall cover at any level more than 10%
of the area of the roof on which it is located or the roof of the
main building if located on the ground.
A.
When the rear yard of a corner lot adjoins the front yard of a lot
to the rear, no accessory building on such corner lot shall be located
nearer to the street line of the street on which the lot to the rear
faces than a distance equal to the depth of front yard required on
such lot to the rear.
B.
Where a lot is formed from part of a lot already occupied by a building,
such separation shall be effected in such a manner as not to impair
any of the requirements of this chapter with respect to the existing
building and all yards and other open spaces in connection therewith.
No permit shall be issued for the erection of a new building on the
new lot thus created unless it complies with all the provisions of
this chapter.
C.
Corner lots shall provide the minimum front yard requirements for
the respective zone for both intersecting streets.
D.
No yard or other open space provided about any building on one lot
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for a building on
any other lot.
E.
Public and quasi-public buildings, schools, churches and other permitted
structures shall increase the front, rear and side yards one foot
for each foot which such building exceeds the height limit herein
established for such zone in which it is located, but in no case shall
any building have a height greater than 50 feet.
F.
Where any property owner or his predecessor in title has given up
any portion of his property to the Borough, either through condemnation,
gift or purchase, for the purpose of facilitating street or other
local improvements, the area so given up shall be counted as part
of the premises for the purposes of complying with this chapter.
G.
Upon application, the municipal agency may vary the yard requirements
of a lot to permit the construction of a building in accordance with
the following standards:
(1)
Front and rear yards may be reduced provided they are not less than
the average alignment of the front or rear yards in existence in the
same block or within 200 feet of the lot under consideration and on
the same side of the street.
(2)
Combined total side yard requirements may be reduced by six inches
for each foot a lot is less than the required width prescribed for
the zone in which such lot is located, provided that such is deemed
necessary to permit construction thereon and provided that no principal
building shall be placed nearer than six feet to any property line,
and there shall be one side yard of not less than 10 feet.
A.
Off-street parking space or garage shall be provided as specified
herein and shall be provided with necessary passageways and driveways.
All such space shall be deemed to be required space on the lot on
which the same is situated and shall not thereafter be encroached
upon or reduced in any manner. Such space may be expanded or located
elsewhere on the lot so as not to encroach upon the minimum front,
rear, and side yard requirements, provided that the additional space
is suitably surfaced. One commercially licensed vehicle rated one
ton or less used by a resident on the premises shall be permitted.
A commercially licensed vehicle shall be garaged, kept in a carport
or parked in a designated space, driveway or passageway.
B.
At the intersection of two or more streets, no hedge or wall higher
than three feet above the curb level, nor any obstruction to vision
other than a post not exceeding one square foot in cross-section area,
shall be permitted on any lot within the triangular area formed by
the intersecting street lines bounding said lot or the projection
of such lines and by a line connecting a point on each street line
located 25 feet from the intersection of the street lines.
C.
No coin-operated dispenser, including mechanical and automatic machines,
in which a product is dispensed or a service rendered, will be permitted
out of doors.
D.
Facilities for the provision of water or sewage systems to the uses
permitted in the Borough shall comply in all respects with the statutes
relating to water, water supplies and sewage systems of the Borough
and the State of New Jersey and with the regulations of the Pequannock,
Lincoln Park and Fairfield Sewerage Authority.
E.
Nothing in this chapter shall be deemed to prohibit the following
accessory and incidental uses in addition to those specified in this
chapter:
F.
Fowl and livestock. No fowl or livestock shall be raised, kept or harbored within the Borough of Lincoln Park except upon a commercial farm, in conformance with all requirements of Article XXV of this chapter.
G.
Mobile homes, trailers or camp cars used or occupied as a permanent dwelling or mobile home parks or trailer parks similarly occupied shall be prohibited in all zoning districts. The prohibitions in this subsection shall not apply to trailers or mobile homes used for temporary occupancy and regulated pursuant to Chapter 364 of the Code of the Borough of Lincoln Park. The governing body may, in its discretion, grant a special permit for the temporary location and occupancy of a trailer or mobile home upon the premises of the applicant which has been rendered temporarily uninhabitable as a result of a fire, flood or other natural disaster.
A.
Airport Safety Area. Pursuant to the Air Safety Zoning Act of 1983,
P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), and the implementing
regulations (N.J.A.C. 16:62-1.1 et seq.), there is hereby established
an Airport Safety Area as an overlay on the Zoning Map of the Borough
of Lincoln Park, known as "Zoning Map 1 of 2 and Zoning Map 2 of 2"
and as amended, and as more particularly described herein. The Airport
Safety Area Overlay standards shall be considered minimum standards
in addition to the requirements of the underlying zoning within the
Overlay. The Airport Safety Overlay permits general classes of use,
pursuant to N.J.A.C. 16:62-5.1(a)1, but it is the Borough’s
intent to define more specific uses as permitted and/or prohibited
uses within underlying zoning. In no instance shall a use prohibited
in the Airport Safety Area Overlay be permitted regardless of the
standards in the underlying zoning; however, a use permitted in the
Airport Safety Area Overlay shall not be permitted if it is a prohibited
use in the underlying zone.
[Amended 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
B.
Permitted uses. Pursuant to N.J.A.C. 16:62-5.1(a)1, the following
uses are permitted in the Airport Safety Area:
(1)
Residential single-family dwelling units which are situated on a
lot at least three acres in size and not located in a clear zone.
Residential zoning is permitted in the clear zone as long as all dwellings
are physically located outside of the clear zone.
(2)
Airpark (minimum lot size of at least three acres which are not located
in a clear zone).
(3)
Open space.
(4)
Transportation.
(5)
Airport.
(6)
Commercial (not located in a clear zone).
(7)
Industrial (not located in a clear zone).
C.
Prohibited uses. Pursuant to N.J.A.C. 16:62-5.1(a)2, the following
uses are prohibited in the Airport Safety Area:
(1)
Residential (dwelling units) not situated on a lot of at least three
acres in size.
(2)
Planned unit developments and multifamily dwellings.
(3)
Hospitals.
(4)
Schools.
(5)
Aboveground bulk tank storage of compressed flammable or compressed
toxic gases and liquids.
(6)
Within the runway end subzones only, the aboveground bulk tank storage
of flammable or toxic gases and liquids.
(7)
Uses that may attract massing birds, including landfills.
(8)
Above-grade major utility transmission lines and/or mains.
D.
Delineation of Airport Safety Area.
(1)
The Airport Safety Area shall consist of a runway subzone, two runway
end subzones and two clear zones.
(2)
Runway subzone.
(a)
The runway subzone of the Airport Safety Area shall consist
of a rectangle having the same center line and length as the runway,
unless a shorter length is necessitated by limited property ownership
at the airport.
(b)
The width of the runway subzone shall be 2,350 feet.
(c)
The exact length of the runway subzone shall be determined by
one of the two following methods:
[1]
For most airports, the length of the runway subzone will be
the same as the physical length of the runway.
[2]
If the physical end of the runway is closer than 200 feet to
the property or easement line of the airport, as measured along the
runway's extended center line, then the end of the runway subzone
shall be defined by a line drawn perpendicular to the runway center
line at a point of 200 feet inside the airport property or easement
line. In this case a portion of the runway will extend beyond the
bounds of the runway subzone.
(d)
The methodology used to delineate the runway subzone of the
Airport Safety Area is illustrated in Figure 1.[1]
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(3)
Runway end subzones.
(a)
The runway end subzones of the Airport Safety Area shall consist
of trapezoids located at either end of the runway subzone along the
flight approach and departure path.
(b)
Each runway end subzone shall extend 3,000 feet from the end
of the runway subzone, as measured along the extended center line
of the runway.
(4)
Clear zones.
(a)
The clear zones of an Airport Safety Area shall consist of trapezoids
located within the runway end subzone along the flight approach and
departure path.
(b)
Each clear zone shall extend 1,000 feet from the end of the
runway subzone, as measured along the extended center line of the
runway.
(c)
The base of the clear zone shall be co-located with the end
of the runway subzone and shall have a width of 250 feet. The width
of the clear zone shall increase as the distance from the end of the
runway safety zone increases. Its final width shall be 450 feet.
(d)
The methodology used to delineate the clear zone of the Airport
Safety Area is illustrated in Figure 7.[4]
[4]
Editor's Note: Figure 7 is included as an attachment to this chapter.
E.
Vertical development (height) standards in Airport Safety Area for
permitted uses.
(1)
Pursuant to N.J.A.C. 16:62-1.1 et seq., the following vertical (height) limits are established as maximum height limits for any vertical development, including any structure, road or tree or other object of natural growth, in the Airport Safety Area except where § 28-4.1 and this section shall establish lesser height restrictions. For purposes of this section, a public road shall be considered a fifteen-foot vertical development and a private road a ten-foot vertical development.
(2)
Vertical development standards are vertical standards measured in
respect to elevations whose datum is the horizontal plane established
by runway elevations. For example, if a point in an Airport Safety
Area permits at a specific point development up to "X" feet, that
means "X" feet above the runway horizontal plane and not "X" feet
above the natural grade of the land at that point in the Airport Safety
Area. This provision is further graphically depicted in Figure 4.[5]
[5]
Editor's Note: Figure 4 is included as an attachment to this chapter.
(3)
The vertical standards within the runway subzone of an Airport Safety
Area are determined first by establishing the elevations at the runway
center lines at the ends of the runway subzone of the Airport Safety
Area. From those elevations at the runway subzone ends, a line is
run 90° outward from each side of the runway center line for a
distance of 125 feet. Within the area defined by these four points,
no development is allowed above the natural grade of the soil except
for runway and flight safety equipment.
(a)
The vertical standards within the remainder of the runway subzone of an Airport Safety Area are determined by establishing planes from the edges of the longitudinal zero-foot development restriction line established in Subsection E(3) above which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of an Airport Safety Area at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line.
(b)
The methodology used to establish the vertical standards with
the runway subzone of an Airport Safety Area is further graphically
depicted in Figure 5.[6]
[6]
Editor's Note: Figure 5 is included as an attachment to this chapter.
(4)
The vertical standards within the runway end subzone of an Airport
Safety Area are determined by first establishing a plane with a rising
slope of one foot upward to 20 feet outward from the end of the runway
subzone to the outermost end of the runway end subzone. This plane
is bisected by the extended runway center line and is 250 feet in
total width at its innermost dimension and widens uniformly along
its length of 3,000 feet so as to have a total width of 850 feet at
its outermost dimension where it intersects with the outermost portion
of the runway end subzone at the elevation of 150 feet above its starting
point at the zero-foot development line.
(a)
The vertical standards within the remainder of the runway end subzone of an Airport Safety Area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection E(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection E(4) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.
(b)
The methodology used to establish the vertical standards within
the runway end subzone of an Airport Safety Area is further graphically
depicted in Figure 6.[7]
[7]
Editor's Note: Figure 6 is included as an attachment to this chapter.
F.
Permit for creation or expansion of a land use or vertical height
development within Airport Safety Area.
(1)
A developer of a project requiring creation or establishment of a
prohibited land use or any vertical height development shall first
apply for development approval from the governing body. If the governing
body approves of the development, that approval shall be conditioned
on the developer applying for and receiving a permit from the Commissioner
of Transportation in accordance with the provisions of N.J.A.C. 16:62-1.1
et seq. Construction, development or creation of a prohibited land
use or any vertical height development shall not commence until a
permit has been issued by the Commissioner of Transportation.[8]
(2)
In review of an application, the appropriate municipal agency and
the municipal governing body may take into consideration any factor
relevant to the hardship demonstrated by the applicant and any information
relevant to the public health, safety and welfare.
(3)
In acting upon such an application, the governing body shall consider
the following standards:
(a)
The prohibited land use or vertical height development will
not, in fact, create an additional airport hazard limiting the size
of the area available for landing, taking off and maneuvering of aircraft.
(b)
The prohibited land use or vertical height development will
not harm the public health, safety and welfare.
(4)
Upon receipt of an approved development application, the governing
body shall make a determination to consider whether or not to authorize
the issuance of a letter of concurrence, and upon adoption of an affirmative
resolution therefor, the governing body shall direct that a letter
be submitted to the Department of Transportation requesting permission
for creation or expansion of a prohibited land use or vertical height
development within the Airport Safety Area. Any favorable approval
shall be strictly conditioned upon approval of the Commissioner of
Transportation and subject to the standards and procedures prescribed
in N.J.A.C. 16:62-1.1 et seq.
(5)
Any land use permitted and in existence prior to May 15, 1989, which
is located within a clear zone, as delineated by N.J.A.C. 16:62-3.5,
and not currently in conformance with the requirements of N.J.A.C.
16:62-1.1 et seq. shall be designated a preexisting nonconforming
use, as defined by this chapter.
G.
Standards applicable to developments in the Airport Safety Area Overlay.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
(1)
A
total combination of six trucks, tractors, tractors with attached
trailers or containers are permitted to be parked and/or stored on
a parcel. Overnight storage of more than a total of any combination
of six trucks, tractors, tractors with attached trailers or containers
shall only be permitted within an enclosed building. Under no circumstances
shall a detached trailer or container be stored overnight outside
of an enclosed building.
(2)
No
loading area shall be located on the side of a building or structure
facing any Borough street or federal or state highway. All loading
areas shall be appropriately screened from view from any public right-of-way.
[Added 9-21-2015 by Ord.
No. 22-15, effective 10-11-2015]
A.
Permitted accessory structures. Fences and walls in excess of 18
inches in height shall constitute permitted accessory structures in
all zones. Such fences and walls shall be subject to the standards
set forth below.
B.
General requirements.
(1)
The finished side of every fence must face the property adjoining
the lot on which the fence is erected.
(2)
No fence or wall shall be erected or maintained at height or in a
location that would limit or restrict sight distance required for
any street or driveway under the Residential Site Improvement Standards,
N.J.A.C. 5:21-1.1 et seq., or any other regulation of the Borough
of Lincoln Park, the County of Morris, or the State of New Jersey.
(3)
No fence may contain razor ribbon or barbed wire.
(4)
Electrified fences are prohibited.
(5)
No fence shall be constructed or maintained in any manner which creates
an unreasonable risk of harm to persons or animals.
(6)
No fence or wall shall be erected or maintained closer than six inches
to any property line.
(7)
Fences constructed above or on top of retaining walls shall be separated from the retaining wall below by a horizontal distance equal to the height of the retaining wall or the fence, whichever is greater. Fences and walls constructed in compliance with this spacing requirement shall be deemed to constitute separate structures for purposes of calculating height. Otherwise, such fences and walls shall be deemed to constitute one structure for purposes of height calculations. Fences less than 25% solid that do not exceed four feet in height shall be exempt from the requirements of this Subsection B(7).
C.
Fences and walls located closer to the street than the principal
building.
(1)
No wall except a retaining wall shall be erected or maintained closer
to a street line than the closest point of the principal building.
Such retaining walls shall not exceed four feet in height.
(2)
Fences erected or maintained closer to a right-of-way than the closest
point of the principal building shall not exceed four feet in height.
(3)
No fence which is 25% solid or more shall be erected or maintained
closer to any street line than the principal building except for a
decorative fence such as a picket fence.
D.
Fences and walls in side and rear yards.
(1)
No fence or wall erected or maintained in any side or rear yard shall
have a height exceeding six feet, except that security fences in the
side and/or rear yards of properties located in the I, TI, AI, and
PI Zones shall be permitted to be up to eight feet in height.
(2)
Fences and walls erected in side and rear yards may be up to 100%
solid.
E.
Fences or walls for swimming pools, hot tubs, and similar facilities.
Swimming pools, hot tubs, and similar facilities shall be screened
from all adjoining properties by a solid fence or wall as per Appendix
G, Swimming pools, Spas and Hot Tubs, of the 2009 International Residential
Code.
F.
Fencing for certain athletic facilities. The provisions of this section
shall not apply to fences for athletic fields or tennis courts on
public property or public or private school property.
G.
Zoning permit required. No fence or wall regulated by this section
shall be erected, constructed, installed, altered, modified, enlarged
or extended except in accordance with a zoning permit issued by the
Zoning Officer.
A.
Purpose. The regulations of this section dealing with home occupations
are designed to protect and maintain the residential character of
established neighborhoods while recognizing that certain professional
and limited business activities have traditionally been carried on
in the home. This section recognizes that, when properly limited and
regulated, such activities can take place in a residential structure
without changing the character of either the neighborhood or the structure.
B.
Authorization. Except as otherwise expressly provided or limited
in this section, any home occupation that is customarily incidental
to the principal use of a building as a dwelling shall be permitted
in any dwelling unit. Any question of whether a particular use is
permitted as a home occupation by the provisions of this section shall
be determined by the Zoning Officer pursuant to his authority to interpret
the provisions of this chapter.
C.
Definition. A home occupation is a business, profession, occupation
or trade conducted for gain or support entirely within a residential
building or a structure accessory thereto, which is incidental and
secondary to the use of such building for dwelling purposes and which
does not change the essential residential character of such building.
D.
Certificate of occupancy required. No home occupation shall be established
or maintained unless a certificate of occupancy evidencing the compliance
of such home occupation with the provisions of this section and other
applicable provisions of this chapter shall have first been issued
in accordance with this chapter.
E.
Use limitations. In addition to all of the use limitations applicable
in the district in which it is located, no home occupation shall be
permitted unless it complies with the following restrictions:
(1)
Not more than one person who is not a resident on the premises shall
be employed, and then only as a clerical assistant.
(2)
No more than 25% or 400 square feet of the floor area of the dwelling
unit, whichever is less, shall be devoted to the home occupation.
(3)
No alteration of the principal residential building shall be made
which changes the character and appearance thereof as a dwelling.
(4)
No stock-in-trade shall be displayed or sold on the premises.
(5)
The home occupation shall be conducted entirely within the principal
dwelling unit or in a permitted private garage accessory thereto,
and in no event shall such use be apparent from any public way.
(6)
No outside storage of materials, goods, supplies or equipment related
to the operation of the home occupation shall be allowed.
(7)
Vehicles.
(a)
Not more than one vehicle used in commerce shall be permitted in
connection with any home occupation, and any such vehicle shall be
stored in an enclosed garage at all times.
(b)
No commercial vehicle shall be used in connection with the home occupation
for delivery of goods to or from the premises, nor parked on the property.
This provision does not preclude the delivery of mail or packages
by the postal service or by private or public shipping and courier
services. Home occupations shall not generate more than an average
of one truck delivery per day.
(8)
No mechanical, electrical or other equipment which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure shall be used.
(9)
No home occupation shall be permitted which is noxious, offensive
or hazardous by reason of vehicular traffic, generation or emission
of noise, vibration, smoke, dust or other particulate matter, odorous
matter, heat, humidity, glare, refuse, radiation or other objectionable
emissions.
(10)
No sign, other than one unlighted sign not over one square foot
in area attached flat against the dwelling and displaying only the
occupant's name and occupation, shall advertise the presence or conduct
of the home occupation.
F.
Particular home occupations permitted. Except as provided in Subsection G below, customary home occupations include all occupations which meet the purposes, standards and requirements of Subsections A through E of this section and, in particular, include, but are not necessarily limited to, the following list of examples:
(1)
Providing instruction to not more than two students at a time, except
for occasional groups.
(2)
Day care of not more than six nonresident children.
(3)
Office facilities for accountants, architects, brokers, engineers,
lawyers, insurance agents, realtors and members of similar professions.
(4)
Consultation or emergency treatment by a doctor or a dentist, but
not the general practice of his profession.
(5)
Office facilities for ministers, priests and rabbis.
(6)
Office facilities for salesmen, sales representatives and manufacturers'
representatives when no retail or wholesale sales are made or transacted
on the premises.
(7)
Studio of an artist, photographer, craftsman, writer, composer or
similar person.
(8)
Shop of a beautician, barber, hair stylist, dressmaker, tailor or
similar person.
(9)
Homebound employment of a physically, mentally or emotionally handicapped
person who is unable to work away from home by reason of his disability.
(10)
The letting for hire by a resident owner of rooming units for
residential use for a total of not more than two persons.
H.
Additional restrictions.
(1)
No use shall require internal or external construction features or
the use of electrical, mechanical or other equipment that would change
the fire rating of the structure or in any way significantly increase
the fire danger to neighboring structures or residences.
(2)
Any need for parking generated by the home occupation shall be off
street and in the side or rear yard of the structure. The Zoning Officer
shall determine the number of parking spaces required based on the
parking provisions of this chapter.
(3)
No more than one home occupation per residence shall be allowed and
it must be conducted by the occupant.
(4)
Home occupations that attract customers, clients or students to the
premises shall not be allowed in multifamily dwelling units.
(5)
In no case shall a home occupation be open to the public at times
earlier than 8:00 a.m. or later than 9:00 p.m.
I.
Administrative procedures.
(1)
Registration required. All home occupations established, operated
or maintained in the Borough of Lincoln Park are required to register
with the Zoning Officer, as follows:
(a)
Existing home occupations. Within six months of the effective
date of this provision all existing home occupations are required
to register.
(b)
Registration forms. Applications to register a home occupation
shall be on forms provided by the Zoning Officer.
(c)
Registration limited. Uses which do not meet the definition of a home occupation, as provided in Subsection C above, shall not be registered as a home occupation.
(d)
Failure to register. A failure to register as required in Subsection I(1)(a) above shall be deemed abandonment of any right to operate a nonconforming home occupation regardless of actual intent. Thereafter, that home occupation will be required to obtain a permit and treated as though it were a new home occupation.
(2)
Permits required. Prior to the establishment of a new home occupation
after the effective date of this provision, the owner of the residential
property shall apply for a permit from the Zoning Officer.
(a)
Application forms. Applications for a home occupation permit
shall be on forms provided by the Zoning Officer.
(b)
Permits limited. Permits for home occupations are limited as
follows:
[1]
Permits for home occupations shall be granted to a designated
person who resides at the residential address.
[2]
Permits for home occupations are not transferable from person
to person or from address to address.
[3]
Should a home occupation permit holder die or move to a new
location, the existing permit shall be automatically terminated, except
that, in the case of death, the surviving spouse or child residing
at the same address may continue the permit upon notice to and written
authorization from the Zoning Officer.
[4]
In cases where an application is considered not to be in compliance
with the home occupation performance standards, the application will
be denied.
(c)
Revocation of permit. The Zoning Officer may revoke any home
occupation permit for noncompliance with the criteria set forth in
this section. If the permit is revoked, such home occupation use shall
be terminated.
[Added 6-21-2021 by Ord. No. 5-21, effective 6-7-2021]
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,[1] but not the delivery of cannabis items and related supplies
by a delivery service, are prohibited.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
