Borough of Spotswood, NJ Zoning Districts

Conservation areas, preserved open space, environmentally sensitive areas, public parks, and private stormwater management facilities, basins and drainage structures.

Accessory uses permitted:

All uses customary and incidental to the above permitted uses including barns, and maintenance buildings for the sole purpose of operation of any permitted use.

Conditional uses: None.

Prohibited uses:

All uses not expressly permitted are prohibited, including residential, commercial and industrial uses.

Bulk requirements for the C Conservation District:

It is not intended that any physical development be permitted on lands within the C Conservation District; however, when development is proposed, the development shall be subject to the bulk standards of the PE Public Parks and Educational Facilities District.

Off-street parking shall be subject to the parking regulations of this chapter.

Signs shall be subject to the sign regulations of this chapter.

§ 120-405 PE Public Parks and Educational Facilities District.

Principal permitted uses on the land and in buildings:

Conservation areas, open space, public parks and recreation facilities and public purposes.

Educational activities and institutions, including the operation of public and private day schools of elementary, intermediate and/or high school grades licensed by the State of New Jersey.

Municipal utilities and facilities.

Accessory uses permitted:

All buildings and uses customary and incidental to the above permitted uses including maintenance buildings for the sole purpose of operation of any permitted use.

Customary recreational facilities, fields, sports courts, and other accessory uses customarily associated with schools and public parks including maintenance buildings, public restroom stations, picnic pavilions, recreation seating, lighting and parking lots.

Conditional uses: None.

Bulk requirements:

Minimum lot area: two acres.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Minimum front yard: 50 feet.

Minimum side yard: 25 feet.

Minimum rear yard: 50 feet.

Maximum building height: 2.5 stories and 35 feet, whichever is the lesser.

Maximum building coverage: 35%.

Maximum impervious coverage: 55%.

Minimum accessory side/rear yard: 10 feet.

Off-street parking shall be subject to the parking requirements of this chapter.

Signs shall be subject to the sign regulations of this chapter.

§ 120-406 R-10 Single-Family Residential District.

Principal permitted uses on the land and in buildings:

Detached single-family dwelling units.

All use permitted in the C Conservation District.

Community residences for persons with head injuries and for the developmentally disabled and/or community shelters for victims of domestic violence, as required by N.J.S.A. 40:55D-66.1, subject to the standards and requirements for single-family dwelling units located within this district; however, where such residence or shelter houses more than six persons, excluding resident staff, such use shall be deemed a conditional use under N.J.S.A. 40:55D-67 and shall be subject to the standards specified in the conditional use section of this chapter.

Accessory uses permitted:

All uses customarily associated with and incidental to the occupancy of a permitted residential use, including, but not limited to, residential swimming pools and fences subject to the requirements of Article 300, General Provisions.

Private recreational equipment and landscaping features, such as trellises and arbors, customarily associated with residential dwelling units.

Off-street parking and private garages, either attached or detached, and/or storage sheds subject to the requirements of Article 300, General Provisions.

Home offices. (See § 120-203 for definition and § 120-301P for requirements.)

Home occupations, including family day-care homes and child-care residences. (See § 120-203 for definition and § 120-301P for requirements.)

Signs shall be subject to the sign regulations subsection of this chapter.

Conditional uses:

Public and private day schools of elementary and/or high school grades licensed by the State of New Jersey and which shall be subject to the bulk requirements listed below for principal uses which shall be considered conditional use criteria.

Houses of worship, subject to the bulk requirements listed below for principal uses which shall be considered conditional use criteria.

Fire and first aid companies, which shall be subject to the bulk requirements listed below for principal uses which shall be considered conditional use criteria.

Clubs and lodges of fraternal, charitable or other such nonprofit groups which shall be subject to the bulk requirements listed below for principal uses which shall be considered Conditional Use criteria.

Bulk requirements for single-family detached residential dwellings:

Minimum lot area: 10,000 square feet.

NOTE: For lots in the R-10 District existing prior to January 1, 1996, which do not conform to the minimum lot area required for the R-10 District, the grandfathering provisions of this chapter may apply.

Minimum lot width: 100 feet.

Minimum lot depth: 100 feet.

Minimum front yard: 25 feet.

Minimum side/both yard: 10 feet/20 feet.

Minimum rear yard: 25 feet.

Maximum building coverage: 20%.

Maximum impervious coverage: 35%.

Maximum building height: 2.5 stories and 35 feet, whichever is the lesser.

Minimum accessory side yard: five feet.

Minimum accessory rear yard: five feet.

Minimum gross floor area: 1,000 square feet.

Bulk requirements for all other uses:

Minimum lot area: two acres.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Minimum front yard: 50 feet.

Minimum side/both yard: 25 feet/50 feet.

Minimum rear yard: 50 feet.

Maximum building coverage: 20%.

Maximum impervious coverage: 35%.

Maximum building height: 2.5 stories and 35 feet, whichever is the lesser.

Minimum accessory side yard: 10 feet.

Minimum accessory rear yard: 25 feet.

Minimum gross floor area: N/A.

Off-street parking shall be subject to Article 300, General Provisions.

Signs shall be subject to the sign regulations of this chapter.

§ 120-407 R-7.5 Single-Family Residential District.

Principal permitted uses on the land and in buildings:

Detached single-family dwelling units.

All use permitted in the C Conservation District.

Community residences for persons with head injuries and for the developmentally disabled and/or community shelters for victims of domestic violence, as required by N.J.S.A. 40:55D-66.1, subject to the standards and requirements for single-family dwelling units located within the same district; however, where such residence or shelter houses more than six persons, excluding resident staff, such use shall be deemed a conditional use under N.J.S.A. 40:55D-67 and shall be subject to the standards specified in conditional use section of this chapter.

Accessory uses permitted:

Private recreational equipment and landscaping features, such as trellises and arbors, customarily associated with residential dwelling units.

Off-street parking and private garages, either attached or detached, and/or storage sheds subject to the requirements of Article 300, General Provisions.

Home offices. (See § 120-203 for definition and § 120-301P for requirements.)

Home occupations, including family day-care homes and child-care residences. (See § 120-203 for definition and § 120-301P for requirements.)

Signs shall be subject to the sign regulations subsection of this chapter.

Conditional uses: None.

Bulk requirements:

Minimum lot area¹: 7,500 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

Minimum front yard: 25 feet.

Minimum side/both yard: 10 feet/20 feet.

Minimum rear yard: 25 feet.

Maximum building coverage: 25%.

Maximum impervious coverage: 40%.

Maximum building height: 2.5 stories; 30 feet.

Minimum accessory side yard: five feet.

Minimum accessory rear yard: five feet.

Minimum gross floor area: 1,000 square feet.

Off-street parking shall be subject to Article 300, General Provisions.

Signs shall be subject to the sign regulations of this chapter.

§ 120-408 R-5 Single-Family Residential District.

Principal permitted uses on the land and in buildings:

Detached single-family dwelling units.

All use permitted in the C Conservation District.

Community residences for persons with head injuries and for the developmentally disabled and/or community shelters for victims of domestic violence, as required by N.J.S.A. 40:55D-66.1, subject to the standards and requirements for single-family dwelling units located within the same district; however, where such residence or shelter houses more than six persons, excluding resident staff, such use shall be deemed a conditional use under N.J.S.A. 40:55D-67 and shall be subject to the standards specified in conditional use section of this chapter.

Accessory uses permitted:

Private recreational equipment and landscaping features, such as trellises and arbors, customarily associated with residential dwelling units.

Off-street parking and private garages, either attached or detached, and/or storage sheds subject to the requirements of Article 300, General Provisions.

Home offices. (See § 120-203 for definition and § 120-301P for requirements.)

Home occupations, including family day-care homes and child-care residences. (See § 120-203 for definition and § 120-301P for requirements.)

Signs shall be subject to the sign regulations subsection of this chapter.

Conditional uses: None.

Bulk requirements:

Minimum lot area¹: 5,000 square feet.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

Minimum front yard: 25 feet.

Minimum side/both yard: eight feet/20 feet.

Minimum rear yard: 25 feet.

Maximum building coverage: 30%.

Maximum impervious coverage: 45%.

Maximum building height: 2.5 stories; 30 feet.

Minimum accessory side yard: five feet.

Minimum accessory rear yard: five feet.

Minimum gross floor area: 1,000 square feet.

Off-street parking shall be subject to Article 300, General Provisions.

Signs shall be subject to the sign regulations of this chapter.

§ 120-409 AR-MHP Age-Restricted Manufactured Home Park District.

Principal permitted uses on the land and in buildings.

Manufactured, detached, single-family dwelling housing as part of an age-restricted, mobile home park on tracts of land at least 50 acres in area. Such a use shall be a permitted use as long as it maintains documentation of registration with the Borough of Spotswood as an age-restricted residential use.

Accessory uses and structures permitted.

Community recreational facilities customary and incidental to a residential community.

One residential shed on each residential parcel for the storage of the objects owned by the residents of the property.

Offices and maintenance facilities directly connected to the operation of a manufactured home park.

Conditional uses: None.

Maximum building height.

Principal buildings. No principal building shall exceed 20 feet in height and 1.5 stories.

Accessory buildings. No accessory building shall exceed 10 feet in height and one story.

Maximum number of dwelling units permitted. The maximum number of dwelling units permitted in the MHP District shall be computed on the basis of seven dwelling units per gross acre of land area within the mobile home park tract.

Area and yard requirements for the MHP District.

Minimum distance between dwelling units shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The minimum separation between the buildings shall be the following:

The minimum distances shall be 15 feet for any portion of a mobile home to the edge of pavement on a private street; 20 feet between the side or rear of a mobile home and any other mobile home (provided, however, mobile home stairs and landings will be allowed in a setback area. This is not intended to allow decks in the setback area.). On a corner lot located in the interior of the mobile home park, the setback from the private street will be at least 15 feet but a ten-foot setback will be permitted on one side of the mobile home (even if the front door is located there), provided, further, a ten-foot setback will not be permitted in an area where there is sidewalk paralleling the curbline, or in such a way that the Borough Sight Triangle Ordinance will be violated.

In addition, no structure or shed shall be located closer than 50 feet to the right-of-way line of any existing public street, and no more than one shed or any other type of structure (gazebos, satellite dishes, barbeque pits and the like) shall be permitted on a mobile home site, which structure shall not be located closer than five feet to any mobile home, except sheds can be located back to back or side to side immediately adjacent to each other. No sheds shall be permitted in the front yard on any mobile home lot. Shed size in this zone shall be specifically limited to 10 feet wide by 10 feet long by eight feet high (notwithstanding any other provisions of this chapter or any other ordinance). No building or structure (including mobile homes or sheds) shall be located closer than 25 feet to any property line.

The maximum aggregate building coverage for the tract shall be 30%.

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

The Borough Engineer shall maintain a planemetric drawing which identifies the current occupied status of the mobile home lots in the Clearwater Village Community. Any zoning setback violations that exist at the time of the passage of this amendment are deemed grandfathered.

When an application is made for a building permit for a replacement manufactured home, the applicant will be required to submit:

A drawing depicting plans for the installation of a subsurface drainage/infiltration system consistent with approved plans on file with the construction code office approved by the Borough Engineer to improve stormwater infiltration to accommodate each expansion from a "single-wide" home to a "double-wide" home;

A plot plan prepared by a New-Jersey-licensed land surveyor or a New-Jersey-licensed engineer which depicts the proposed unit and its dimensions, the proposed setbacks, the proposed or existing sheds, the drainage infiltration system and the proposed parking with dimensions.

When a homeowner intends to install a shed, the homeowner shall submit a letter of approval from the owner of the mobile home park.

Off-street parking and private garages shall be subject to the parking regulations of this chapter.

Signs. Each MH development may have one sign along each arterial or collector road which the tract in question abuts, provided there exists at least 250 feet of unbroken frontage. No such sign shall be permitted on a local street. Such signs shall not exceed five feet in height, shall be set back from the street rights-of-way and driveways at least 30 feet, and shall be set back from any other property line a minimum of 50 feet, and shall not exceed an area of 25 square feet and shall be used to display the development's name.

Special recycling provisions.

There shall be included in all developments an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimension of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended.

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials preferably near, but clearly separated from, a refuse dumpster.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

The recycling area, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be provided in an aesthetically pleasing manner, obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three. Such stations shall be located a minimum of 40 feet from residential structures.

Buffer requirement. A fifty-foot-deep buffer shall be provided on the side and rear property lines of all AR-MHP developments. The buffer area shall contain a five-foot- to eight-foot-high undulating berm, solid six-foot- to eight-foot-high fencing, and a dense mix of shade trees, evergreen trees and all-season plantings so as to provide a heavy screen and separation from abutting uses. The required buffer should provide plantings of a sufficient size and height at the time of planting to provide an effective screen. The density of plantings of this buffer shall be maintained in perpetuity and shall be inspected and supplemented with replacement plantings on an annual basis. The Planning Board may reduce this buffer where natural features are present to serve as an effective substitute and where access driveways are proposed.

§ 120-410 TH Townhouse Residential District and APT Apartment Residential Districts.

Principal permitted uses on the land and in buildings.

Multifamily apartments in the APT Apartment Residential District.

Townhouses/condominiums in the TH Townhouse Residential District.

Conservation areas, open space and parks.

Accessory uses permitted.

Recreational facilities, clubhouses, such as tennis courts, swimming pools and play equipment, and landscaping features, such as trellises and gazebos, customarily associated with multiple-family residential dwelling units, subject to all the setback and other applicable regulations for such structures contained in this chapter.

Off-street parking and private garages, either attached or detached.

Interior way-finding and directional signs, subject to Board approval.

Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines.

Maximum building height.

Principal buildings. No principal building shall exceed 30 feet in height and 2.5 stories.

Accessory buildings. No accessory building shall exceed 15 feet in height.

Density.

TH District. The maximum number of dwelling units permitted in the TH District shall be computed on the basis of six dwelling units per gross acre of land area within the tract.

APT District. The maximum number of dwelling units permitted in the APT District shall be computed on the basis of 12 dwelling units per gross acre of land area within the tract.

Area, yard and general requirements for the TH and APT Districts.

The minimum lot area in the TH District shall be two acres and in the APT District shall be three acres.

Minimum lot width in both zones shall be 250 feet. Minimum lot depth shall be 250 feet.

TH District: The minimum setback shall be 50 feet for the front of a building on a public street and 30 feet for the front of a building on a private street; 40 feet for each side of a building; and 40 feet for the rear of a building.

APT District: The minimum setback shall be 50 feet for the front of a building on a public street and 30 feet for the front of a building on a private street; 50 feet for each side of a building; and 50 feet for the rear of a building.

In addition, all buildings or structures shall be located a minimum of 15 feet from any internal road, driveway or parking area.

No portion of any building shall be closer than 30 feet to any other building.

The configuration of structures may be any alignment that meets the yard requirements and does not exceed the overall or component building length of 150 feet. No townhouse dwelling unit shall be less than 30 feet wide.

(f)

No accessory buildings or structure shall be located closer than 25 feet from any property line.

The minimum gross floor area per dwelling unit shall be 600 square feet for a studio apartment, 700 square feet for a one-bedroom apartment, 800 square feet for a two-bedroom apartment and 1,100 square feet for a townhouse unit. The maximum average aggregate floor area of all townhouse units shall be 1,200 square feet.

The maximum aggregate building coverage for the tract is 30%.

The maximum aggregate impervious coverage for the tract is 60%.

The minimum aggregate landscape coverage for the tract is 40%.

Off-street parking and private garages shall be subject to the parking regulations of this chapter and the following additional requirements:

No on-street parking shall be permitted on a public or private street. All parking shall occur in a marked parking space.

Off-street parking may be permitted under or inside a building structure provided that the building shall not exceed the maximum building height requirements of this chapter.

All other uses shall provide adequate on-site parking to accommodate the permitted activities and shall be subject to approval by the Board during site plan review.

No parking area or driveway shall be located within 25 feet of any tract boundary.

All parking facilities shall be on the same site as the building and at least 75% of the number of required parking spaces shall be located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel or diagonal designated parking spaces along interior streets.

Loading areas. All apartment buildings with 24 dwelling units or more shall have a dedicated loading space for the loading and unloading of trash, deliveries and for the use of residents moving into and out of the building.

Signs. Each TH or APT development of 50 units or more may have one monument sign along an arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage on that road. No such sign shall be permitted on a local street. Such signs shall not exceed five feet in height, shall be set back from the street rights-of-way and driveways at least 30 feet, and shall be set back from any property line a minimum of 50 feet, and shall not exceed an area of 25 square feet and shall be used to display the development's name.

Additional requirements.

No townhouse or apartment dwelling unit or accessory deck, patio or fence shall be constructed unless the minimum standards of this section of the chapter are met, in addition to other applicable requirements of this chapter, and unless the dwelling and/or accessory deck, patio or fence is part of an approved original or amended site plan application, which application shall include homeowners' association bylaws and/or resolutions governing the provisions for accessory decks, patios and fences and a typical drawing of the envisioned appearance of such accessory decks, patios and fences.

Each building and complex of buildings shall have an architectural theme with appropriate variations in design to provide attractiveness to the development. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings, as well as from varying unit widths, staggering unit setbacks, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural building elevations and floor plans for each typical building shall be submitted to the Board for review and approval as part of the site plan application.

All dwelling units shall be connected to approved and functioning central water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.

Dwelling units shall have access to a master television system and individual townhouse units may not erect individual external television antennas or dishes.

For each dwelling unit, in addition to any usual storage area or clothes closets contained inside individual dwelling units, there shall be provided for each dwelling unit 250 cubic feet of storage area, either within the individual dwelling unit or in a convenient, centrally located area in the cellar, basement or ground floor of the building, where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.

The location of proposed recreational facilities within the development shall consider the proximity of the proposed residential units within the subject tract, the existing residential units in proximity to the subject tract, the specific type of proposed recreational facilities, associated noise levels and any evening illumination which may create potential nuisances, and the existing and proposed pedestrian and bicycle circulation plan.

Townhouse and apartment development buildings shall be designed around a central green space, public space, recreation space, or other design element to create a safe, walkable, attractive environment. Development should not be designed around parking lots, roads, culs-de-sac and other utilitarian uses. Service alleys and driveways are encouraged to separate pedestrian and vehicle movement.

For a fee simple townhouse unit, no construction permit shall be issued for any townhouse dwelling unit or accessory structure or addition thereto unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited as a notice in the homeowners' association bylaws. After the initial approval of the site plan, no application for a construction permit will be accepted for processing unless accompanied by a statement from the homeowners' association that the proposed construction has been approved by the homeowners' association.

Special recycling provisions.

There shall be included in all apartment or townhouse development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimension of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended.

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials preferably near, but clearly separated from, a refuse dumpster.

Buffer requirement. A fifty-foot-deep buffer shall be provided on the side and rear property lines of any multifamily development. The buffer area shall contain a five-foot- to eight-foot-high undulating berm, solid six-foot- to eight-foot-high fencing, and a dense mix of shade trees, evergreen trees and all-season plantings so as to provide a heavy screen and separation from abutting uses. The required buffer should provide plantings of a sufficient size and height at the time of planting to provide an effective screen. The density of plantings of this buffer shall be maintained in perpetuity and shall be inspected and supplemented with replacement plantings on an annual basis. The Planning Board may reduce this buffer where natural features are present to serve as an effective substitute and where access driveways are proposed.

§ 120-411 SC Senior Citizen Residential Apartment District.

Principal permitted uses on the land and in buildings.

Age-restricted multifamily developments in townhouse or apartment buildings.

Conservation areas, open space and parks.

Accessory uses permitted.

Off-street parking and private garages, either attached or detached.

Interior way-finding and directional signs, subject to Board approval.

Maximum building height.

Principal buildings. No principal building shall exceed 30 feet in height and 2.5 stories.

Accessory buildings. No accessory building shall exceed 15 feet in height.

Maximum number of dwelling units permitted. The maximum number of dwelling units permitted in the SC District shall be computed on the basis of 20 dwelling units per gross acre of land area within the tract.

Area, yard and general requirements for the SC District.

The minimum tract size in the SC District shall be two acres.

Minimum lot width shall be 250 feet. Minimum lot depth shall be 250 feet.

Minimum distance between apartment buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two abutting distances.

The minimum setback distances shall be 50 feet for the front of a building on an existing public street and 10 feet for the front of a building on a private street; 25 feet for the side of a building; and 25 feet for the rear of a building.

No accessory buildings or structure shall be located closer than 25 feet from any property line.

The minimum gross floor area per dwelling unit shall be 400 square feet for an efficiency apartment, 500 square feet for a one-bedroom apartment, or 600 square feet for a two-bedroom apartment.

The maximum aggregate building coverage for the tract is 30%.

The maximum aggregate impervious coverage for the tract is 60%.

The minimum aggregate landscape coverage for the tract is 40%.

Architectural building elevations and floor plans for each typical building shall be submitted as part of the site plan application.

All units shall be restricted to households, the single member of which, or either the husband or wife of which, or both, or any of a number of siblings or unrelated individuals of which is/are 55 years of age or older.

Off-street parking and private garages.

No on-street parking shall be permitted on a public or private street. All parking shall occur in a marked parking space.

Off-street parking may be permitted under or inside a building structure provided that the building shall not exceed the maximum building height requirements of this chapter.

All other uses shall provide adequate on-site parking to accommodate the permitted activities and shall be subject to approval by the Board during site plan review.

No parking area or driveway shall be located within 25 feet of any tract boundary.

Off-street loading. All apartment buildings with 20 dwelling units or more shall have a dedicated loading space for the loading and unloading of trash, deliveries and for the use of residents moving into and out of the building.

Signs. Each development of 50 units or more may have one monument sign along an arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage on that road. No such sign shall be permitted on a local street. Such signs shall not exceed five feet in height, shall be set back from the street rights-of-way and driveways at least 30 feet, and shall be set back from any property line a minimum of 50 feet, and shall not exceed an area of 25 square feet and shall be used to display the development's name.

Additional requirements.

No townhouse or apartment dwelling unit or accessory building, deck, patio or fence shall be constructed unless the minimum standards of this section of the chapter are met, in addition to other applicable requirements of this chapter, and unless the structure is part of an approved original or amended site plan application, which application shall include homeowners' association bylaws and/or resolutions governing the provisions for accessory decks, patios and fences and a typical drawing of the envisioned appearance of such accessory decks, patios and fences.

All dwelling units shall be connected to an approved and functioning central water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

Dwelling units shall have access to a master television system and individual townhouse units may not erect individual external television antennas or dishes.

For a fee simple townhouse or similar unit, no construction permit shall be issued for any townhouse dwelling unit or accessory structure or addition thereto unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited as a notice in the homeowners' association bylaws. After the initial approval of the site plan, no application for a construction permit will be accepted for processing unless accompanied by a statement from the homeowners' association that the proposed construction has been approved by the homeowners' association.

Special recycling provisions.

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials preferably near, but clearly separated from, a refuse dumpster.

§ 120-412 (Reserved)

§ 120-413 Main Street Rehabilitation District.

Intent and purpose. The intent of the Main Street Rehabilitation District shall be to encourage economic development and revitalization and inject into all properties in the district opportunities for growth and prosperity in conjunction with aesthetic improvements. This chapter intends to encourage building rehabilitation and redevelopment and promote pedestrian traffic to create a vibrant mixed-use neighborhood.

Rehabilitation District goals.

To create an attractive mixed-use district along the Main Street corridor, generally between and near Adirondack Avenue and Eisenhower Avenue, with an appropriate tempo and scale of buildings for a downtown neighborhood setting.

To improve the aesthetics of the Main Street Rehabilitation District with streetscape improvements including street trees, sidewalk improvements and street lighting to create a sense of place.

To recognize the role this area plays and its importance to the character of the community.

To create opportunities to create a landmark public space for the Borough.

Creation of a visual terminus point at key locations through the use of building locations and visual design elements.

Provision of new retail or other nonresidential space along Main Street wrapping around corners of other collector streets.

Provision for a partial "floor area bonus" for property owners/developers in the zone to encourage redevelopment of dilapidated property.

To provide a coordinated parking program intended to meet residential need and to encourage nonresidential uses.

To eliminate buildings in poor repair and inappropriate land uses and to encourage development appropriate for a neighborhood commercial district.

District location. The location of the Main Street Rehabilitation Zone shall be indicated on the Zoning Map of the Borough of Spotswood, based on the recommendations found in the Proposed Zoning Map found in the 2011 Master Plan. The zone shall have two subareas:

The Main Street Core area shall be generally situated on Main Street between Summerhill Avenue and Devoe Avenues, as shown on the Zoning Map of the Borough.

The Main Street Transition area(s) shall buffer the Main Street Core area and shall be situated on Main Street generally between Devoe Avenue and Adirondack Avenue, and also on Main Street between Summerhill Avenue and Eisenhower Avenue, as shown on the Zoning Map of the Borough.

Permitted Principal Uses in the Main Street Core area:

All retail uses permitted in the NC Neighborhood Commercial Zone, except that drive-through uses and gasoline stations shall not be permitted uses in this subarea. (See Subsection G, Conditional uses, below.)

Supermarkets not exceeding 10,000 square feet of floor area shall be permitted uses. Any supermarket with a gross floor area greater than 10,000 square feet shall be considered a prohibited use.

Residential flats, apartments, condominiums or lofts on upper floors only, wherein a minimum of 75% of all residential units in any single proposed building shall be some combination of one-bedroom units, studio-apartments or one-bedroom plus den units. No greater than 25% of the number of units shall be two-bedroom units. No three-bedroom or four-bedroom units shall be permitted.

All professional office, finance, insurance, real estate, banks, and personal service uses.

Art/artisan galleries, museums, art/dance/photo studios, health and fitness centers, day spas, licensed physical therapists and licensed massage and acupuncturists.

Restaurants, cafes, excluding drive-in and drive-through restaurants.

Restaurants and eating establishments shall be permitted to provide entertainment in the form of various acts including musicians, or comedians, subject to all other noise ordinances and performance standards of this chapter.

Restaurants in this zone are permitted and encouraged to provide outdoor eating areas with tables and chairs, provided that all eating areas on the front facade of a building shall be of temporary nature and shall not block pedestrian circulation on any Borough sidewalk.

In no fashion should any use permitted in this chapter be intended to permit any type of entertainment or adult use in this zone or permit any use that would violate Alcoholic Beverage Control requirements, health regulations, or police/fire regulations.

Permitted principal uses in the Main Street Transition area:

All permitted uses in the Main Street Core Area.

All permitted uses in the NC Neighborhood Commercial Zone.

Accessory uses. Uses and buildings incidental to the above uses, including any use on the same lot with and customarily incidental to any permitted use in this district.

Conditional uses.

Recreational facilities, video arcades, entertainment facilities including bowling alleys, staking rinks, indoor theatres, taverns, and nightclubs shall all be conditional uses and shall be subject to site plan review and approval from the Planning Board.

Houses of worship shall be located on lots of three acres or more, and shall be subject to site plan review and approval from the Planning Board.

Mixed-use buildings not providing the required arrangement of residential flats, apartments, condominiums or lofts on upper floors only, or buildings not providing the minimum requirement of 75% of all residential units in any single building to be one-bedroom units, studio-apartments or one-bedroom plus den units, or wherein greater than 25% of the number of units shall be proposed to be two-bedroom units. Uses in this subsection shall be subject to all parking, loading, lighting, landscaping and design criteria listed in this chapter, which shall be conditional use criteria. All such buildings shall also be subject to the additional, special recycling and buffer requirements of the Apartment Residential and/or Townhouse Residential Zone, and said regulations shall not be considered conditional use criteria, but rather standard design controls subject to bulk/design relief from the Planning Board. Site plan review and approval shall be required. Any building proposing three or more bedrooms in any unit shall not be considered part of this category of uses and shall be considered a nonpermitted use.

Gasoline stations in the Main Street Transition area. Such uses shall be subject to the conditional use criteria of this chapter and shall also be located on a lot with a minimum of 250 feet of aggregate street frontage and shall also be subject to site plan review and approval.

Drive-through windows for restaurants, banks and drugstores provided that they are located on a lot providing a minimum of 250 feet of street frontage and located in the Main Street Transition area only. Such uses shall be subject to site plan review and approval.

Prohibited buildings and uses.

Adult uses of any kind including strip clubs, juice bars, go-go bars, pole dancing, nude clubs, adult book/novelty sales, and unlicensed massage parlors.

Boarding or rooming houses.

Strip malls.

Freestanding single-family/two-family residential uses.

All other drive-through uses not specifically permitted or permitted as a conditional use.

Automobile sales, service and repair garages, car wash, oil change, auto insurance adjustment facilities.

All uses not specifically permitted are prohibited.

One-story buildings with a building height less than 15 feet.

Bulk requirements.

Minimum lot area shall be 5,000 square feet.

Minimum lot width shall be 50 feet.

Minimum lot depth shall be 100 feet.

All buildings having a frontage on Main Street shall be located so as to provide a fifteen-foot setback to the front property line.

All buildings fronting on all streets other than Main Street, including corner lots, shall provide a front setback of 10 feet to those streets. In the case of in-fill development, new buildings may be aligned with the average front alignment of the surrounding buildings.

The side yard setback shall be five feet provided that the lot line does not abut a residential district or use, in which case the minimum requirement will be 15 feet.

The minimum rear yard setback shall be 60 feet.

In the Main Street Transition Area: All buildings shall be two-story or two-and-a-half-story buildings with a maximum building height of 30 feet. When a two-and-a-half-story building is proposed, the uppermost half-story shall be uninhabitable attic space under a sloped roof and shall not be habitable space.

In the Main Street Core Area: All buildings shall be two-story or two-and-a-half-story buildings with a maximum building height of 35 feet. When a two-and-a-half-story building is proposed the half-story, or third level above grade, shall have a habitable floor area not to exceed 50% of the floor area of the second floor of the building. Such third level or half story shall provide a five-foot step back, or an architectural treatment to create the impression of a five-foot step back. Buildings located on in the Main Street Core Area fronting on Main Street and having frontage on another street, so as to be located on a corner lot, shall be permitted a building height increase to 40 feet so as to create visual interest along the streetscape with architectural design elements. The building shall present the appearance of a two-and-a-half-story building, not a three-story building.

The maximum percent of building coverage shall be 50%. The maximum percent of impervious coverage shall be 80%.

A five-foot side or rear setback is required for all accessory buildings.

Mixed-use requirements.

All retail/commercial uses shall be located in all ground-floor locations in all buildings in this zone. Retail uses may be extended to the second floor and then the third floor space above an existing ground-floor retail space when interior stairways or elevators are provided to connect the spaces.

All office and personal service uses shall be located on the ground floor, second floor or third level, provided that no office or personal service use shall be located over a residential use.

All buildings may provide residential uses on any floor except the ground floor or the basement floor.

Requirements for buildings.

Maximum building footprint shall be 10,000 square feet.

No building shall exceed a building width of 200 feet along a single street frontage unless broken up by a plaza or courtyard.

Buildings should be placed to frame street corners.

To be compatible with a pedestrian scale, each ground level individual space shall provide a functioning, direct primary street entry. A shared entry is permitted for access to upper level units and shall provide a glazed commercial doorway and an entrance lobby area.

All building shall have a base, middle and top with the base differentiated with different materials than the upper floors. The top portions of all flat roof buildings should provide parapets or deep cornices on front facades.

Buildings shall present a complete and discrete vertical facade composition at an average street frontage of every 50 feet.

Allowable projections on any second or third floor facade include bow windows, and flat canopies and may project two feet forward of the front building line. French balconies shall project not more than one foot.

Corner and tower elements are encouraged to create an architectural focus for the area. Such an approved element may exceed the building height without violating this chapter so long as the element does not exceed the building height by five feet for a total height of no greater than 45 feet.

Parking requirements.

Unless hereinafter specified, all parking design, loading and lighting requirements of the parking section of this chapter shall apply.

Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

When the Planning Board determines that off-street parking for individual properties and street parking spaces along Main Street are sufficient, all retail, personal service, restaurant and commercial uses that are permitted within the geographic limit of this zone shall be have their parking requirement reduced by 50%.

All residential uses that are permitted or approved by variance within the geographic area of the zone shall have parking requirements based on the residential site improvement standards. Residential parking shall be provided off-street.

All on-site parking facilities shall be located in the side or rear yards of each property, subject to all other requirements of the parking section of this chapter. All parking shall be prohibited in front yards.

Buildings on individual parcels in the zone are permitted to have contiguous on-site parking areas with free-flowing traffic between said parking areas and all buffer and landscaping requirements shall be waived in the locations were parking lots are connected to other parking lots or accessways.

Parking lots shall be located behind buildings and shall be designed to encourage cross access among uses. A seventy-foot rear yard is contemplated to provide a twenty-four-foot-wide, two-way access alley and two eighteen-foot parking rows in the rear yard area. Parking lots should be designed to rely on shared points of access and egress on side streets, and to limit driveway openings and curb cuts on Main Street. Rear yard cross-access easements shall be required with site plan or subdivision applications as needed in order to eventually create a system of screened access ways to the rear of buildings.

No parking lots shall be closer than five feet to any property line of the parcel on which they are located, except for points of cross-access. There shall be available, as necessary, access to the rear of such properties for accessing parking areas, refuse collection, loading/unloading, entry of public safety vehicles and other necessary functions which require such entry.

Where rear or side yard parking, loading or other utilitarian activities are proposed, a minimum ten-foot-wide buffer area shall be required adjacent to all residential uses, all rights-of-way, and all residential zones. Said buffer screen shall be comprised of a five-foot to six-foot-high living evergreen wall and six-foot-high solid fencing to provide screening for the abutting incompatible uses.

When building orientation, lot configuration or other conditions preclude entry into the rear of the property for parking area access, loading, refuse collection, emergency access, or similar purpose, a paved alleyway no greater than 12 feet shall be permitted alongside or within the frontage of the building. Where a building shall contain more than one story, additional stories may be constructed above said alleyway pursuant to all applicable building codes with the aforementioned side yard requirements.

Loading requirements.

Loading shall be subject to the loading section of this chapter.

On-street loading/unloading and dumpster tipping in the Main Street Zone shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.

All loading/unloading shall be permitted in the rear yard area only.

There shall be at least one trash and recyclable materials pickup location including provision for each building which shall be located in a manner to be obscured from view by a fence, wall, planting or combination of all three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions.

Landscaping requirements. Landscaping in this zone shall be subject to the landscaping section of this chapter.

Signs.

All signs are subject to the sign regulations of this chapter unless as noted herein.

No ground signs shall be permitted. Only facade signs are permitted in this district.

The maximum permitted sign area shall be 10% of the front facade. On corner lots, signs may increase to account for both facade areas. There shall be a limit of one sign per use or tenant.

When a ground sign is proposed, such signs shall be monument style signs with a height no greater than four feet, a sign area no greater than 25 square feet and a setback distance of minimum 10 feet. A planter base shall be provided around the base of the sign. Such signs shall require relief from the appropriate Board.

Surface-mounted signs are not permitted above first floor.

Shingle and awning signs are permitted on the first and second floors. The maximum area should not exceed four square feet, the materials should be either painted wood or painted metal, and they should include ornamental metal brackets of some kind. They should only be externally illuminated and the message should only give the symbol or the name of the business. Awning signs shall be limited by the size of the fringe or the main area of the awning, depending on the location of the sign.

Surface-mounted signs on the first floor cornice/sign band shall contain individually mounted letters or symbols and not be a large board sign that obscures the cornice and its details. They should be externally illuminated and the message should only contain the name or the symbol of the business.

Houses of worship located in this zone shall be permitted one freestanding sign not exceeding 25 square feet in area, 10 feet in height and set back at least 25 feet from all property lines, plus one attached sign not exceeding eight square feet in area.

Wall murals and other public art signs shall be subject to Planning Board review and approval.

All billboard signs are prohibited.

Awnings.

Cloth and canvas awnings are encouraged over building entrances and shall provide a minimum of eight-foot clearance and shall not extend more than four feet from the building facade.

If an awning is so steeply sloped that it serves as a sign rather than as shelter, the sign must meet all the criteria (size, message, lighting, etc.) for wall signs that could be above the first floor.

All types of colors and patterns are acceptable if they meet the criteria for colors and signs: plain, striped, patterned, decorative, and so on. They must, however, be compatible with the overall building.

If a single building contains more that one shop front and more than one shop, the two awnings can either be identical to complement the building, or the can differ, to add variety and to express the identity of the individual shops.

If a single shop occupies the ground floor of two adjacent buildings, the awnings in each building can be identical, since the objective of maintaining the identity of the two buildings is met by the building designs.

Architectural design standards.

The following activities regarding any of the buildings in the zone shall render the building(s) subject to the architectural appearance requirements listed below:

The new construction of a primary use building on a parcel of land.

The addition to an existing primary use building that is 10% or more of the gross floor area of the existing building.

The renovation or alteration in any manner of any outer wall of a building that faces street frontage or is considered the front of the building including addition of windows, doors or similar elements.

The renovation or alteration in any manner of any outer wall or combination of outer walls of a building.

The major internal renovation or alteration of a building which constitutes 49% or more of the gross floor area.

Architectural appearance requirements.

Since all of the existing buildings within the limits of this zone vary considerably in age and architecture in their present state, it is difficult to impose on them a rigid architectural design standard. Although beauty and character are subjective, there shall be an underlying design theme to the buildings and specifically to the facades so that a sense of conformity to a time period is achieved. Variation, creativity, uniqueness and distinction are encouraged provided that there is a visual flow from building to building with no evidence of abrupt change or disruption in design or theme. Each building, although having its own identity, should compliment the others in style and taste without the look of an exact copy.

The prominent veneers to be used for facades and sides of buildings facing the street shall be real brick (mortar or painted), limestone, unpolished granite.

The unpainted brick colors shall be in the brown, beige or red tones. Stone coloring shall be more flexible but maintain a subdued color scheme in keeping with the brick tones.

Other veneers such as wood shingles, hardi-plank, cement fiber shingles, cast iron, terra cotta, fiberglass, glazed tile, painted wood or metal or other manmade siding products and wood veneer products shall be considered secondary veneers to compliment the brick or stone. The colors of such veneers shall be in subdued tones to blend in a compatible and aesthetic fashion. The use of fluorescent colors is prohibited as are abrupt color changes, even in the subdued tones, that clash visually.

Aluminum siding, vinyl siding, faux brick face, metal panels, stucco/EIFS treatments are strongly discouraged except in utilitarian areas not visible from the street.

(f)

No blank walls. All facades or sides of buildings facing the street shall have a decor that prohibits for a maximum distance of 15 feet horizontally, bare unadorned walls along each floor. These walls shall have appurtenances either decorative or functional to satisfy the condition. Such appurtenances shall consist of windows, doors, columns, lintels, cornices, balconies, overhangs, awnings, arches, railings or any other architectural items that fit the herein recommended design theme.

(g)

Roofs should create visual interest. Roofs shall be of the "A" frame peak type wherever possible and include turrets, dormers, cupolas, towers and gables to reflect "turn of the century" attributes. Where it is necessary to install other than a peaked roof due to structural or height restrictions, parapets, cornices, eaves, turrets and other architectural devices that also reflect the above stated attributes shall be utilized.

(h)

Windows for upper floors shall provide exterior muntins, casings, aprons, trims, shudders, etc., to provide an attractive and visually interesting facade.

(i)

Window glass shall be clear or lightly tinted. Dark tinted or mirrored windows are prohibited.

(j)

Windows should occupy 70% of the linear expanse of a retail facade. Night security gates, grills or other security coverings of windows are prohibited.

(k)

No meter banks, piping, or other utilitarian equipment shall be located on a facade facing or visible from a public street.

(l)

Exterior facade sconce or gooseneck style lighting is encouraged.

(m)

Rooftop mechanical equipment shall be fully screened from the street.

(n)

Buildings shall be richly detailed to create a visually interesting facade.

(o)

Preservation of historical character is a Master Plan goal and should be encouraged through building design.

(p)

All facade designs shall be subject to review of these requirements by the Planning Board.

Public and quasipublic improvements.

Public plaza. A public plaza at a highly visible location in the Main Street District would establish a landmark public space in the zone. To accomplish this, any developer, in cooperation with the Borough and as a part of a development application, may propose, dedicate, construct, or contribute to the creation of this plaza as a public or quasipublic space. Such a plaza may contain civic buildings, civic monuments, pedestrian areas, transportation links, and public art. Such spaces should be barrier free, extensively landscaped and situated to attract pedestrians into abutting private retail or office spaces.

Off-site improvements. Within all lots in the district, the developer/property owner shall construct and maintain all streetscape improvements located on the street frontage of each property. This shall include installing sidewalks, access alleys, utility easements, curbs, gutters, undergrounding utilities, street furniture: benches, trash receptacles, bicycle racks, street trees and planters, and street lights.

Front setback area. The required ten-foot front setback area shall be reserved for quasipublic activity, outdoor dining or sidewalk sale space. If no such activity is planned for this area, the area shall be attractively landscaped with decorative or ornamental specimens, flower boxes, or other attractive landscaping elements. If a building is contemplated for on-street dining or retail sales activity, a hardscape or decorative delineation should be provided on the ground in front of the building to differentiate between semipublic space and the public right-of-way.

Outdoor dining.

Tables, chairs, umbrellas, small private trash containers and planters are all permitted elements of the street furnishings.

All furniture should be made of painted metal, painted wood, stained wood, or of some combination of these materials. The character of all furniture should complement the design of the building and the business that they adjoin.

The size of the table and chair groupings is limited to that which will maintain a clear walking path on the sidewalk of sufficient width to permit pedestrians to pass but also to create the slightly crowded feeling of a truly vibrant place.

Overhead elements, such as umbrellas, should allow for clearance for passing pedestrians. A seven-foot-zero-inch clearance height is required which is adequate for most pedestrians, and yet preserves the sense of intimacy and shelter that an umbrella gives to a seated group.

When proposed in the front yard of any building, the ground surface of the outdoor dining space shall be designed and constructed of materials and patterns distinct from the public sidewalk or right-of-way, and such demarcation shall be intended to serve as a permanent delineation of the space.

(f)

Outdoor dining uses shall comply with all other dining regulations in this chapter.

Street planters.

Planters that sit on the sidewalk should be made of durable materials. Plain ceramic pots and ornamental ceramic pots are the most common style, but stone, some ornamental concrete designs and certain large fiberglass pots can also be appropriately attractive.

The size of these pots should allow a walking clearance on the sidewalk of at least four feet zero inches.

Containers can be located either along the storefront or at the curb; if at the curb they cannot be in the way of swinging car doors: one foot six inches clear of the inside face of the street curb.

Wooden window boxes under the storefronts are permitted.

Plants should be selected which can stand the downtown climatic conditions and which need a minimum of maintenance. Merchants and/or building owners shall maintain all planters they use on their property.

Bicycle parking.

Any development plan proposed on a lot containing 10,000 square feet or greater shall provide adequate means of bicycle parking for the proposed use.

Main Street Boulevard concept. The Borough may consider, with consultation with Middlesex County, the creation of a boulevard landscaping island down the center of Main Street between generally between Summerhill Road and Devoe Avenue. The purpose of such divider would be to signify entrance into a important civic place and to slow the speed of traffic through this corridor to reconcile with pedestrian activity and uses. Such right-of-way redesign may involve right-of-way widening and provision of on-street parking, or addition of additional traffic calming measures.

§ 120-414 NC Neighborhood Commercial District.

Principal permitted uses on the land and in buildings:

Retail sales, drugstores, restaurants, cafes, and taverns.

General offices of all recognized professions, medical offices.

Banks, including drive-through windows.

Personal services such as dry cleaners, beauty, nail or tanning salons, barber shops, licensed therapeutic massage, and minor appliance or office machinery repair, excluding any type of service which requires truck, van or trailer pickup or delivery of the equipment or item to be serviced.

Supermarkets and shopping centers comprised of any of the above uses.

Drive-through windows and uses for any of the above permitted uses when such use is located in the NC Neighborhood Commercial District.

Accessory uses permitted:

Uses and buildings incidental to the above uses, including any use on the same lot with and customarily incidental to any permitted use in this district.

Conditional uses:

Home offices. See § 120-203 for definition and § 120-301P for requirements, which shall be conditional use criteria.

Home occupations, including family day-care homes and child-care residences. See § 120-203 for definition and § 120-301P for requirements, which shall be conditional use criteria.

Mixed-use buildings, where the ground floor consists of commercial use and the upper floor(s) contain residential dwelling units, subject to all bulk requirements of this zone, which are listed below and shall be as conditional use criteria.

Area and yard requirements:

Minimum lot area: 10,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 100 feet.

Minimum front yard: 25 feet.

Minimum side/both yard: 10 feet/20 feet.

Minimum rear yard: 25 feet.

Maximum building coverage: 25%.

Maximum impervious coverage: 60%.

Maximum building height: 2.5 stories; 35 feet.

Minimum accessory side yard: 10 feet.

Minimum accessory rear yard: 25 feet.

Minimum gross floor area: 2,000 square feet.

Additional requirements:

One building may contain more than one use provided that the total building and lot coverage of the combined uses does not exceed the maximums specified for the district and, further, that each use occupies a minimum gross floor area of 500 square feet.

Unless otherwise specifically approved by the Planning Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential use or district shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas. All buildings shall have a gable, hip, gambrel or mansard roof (or other dual-pitched, single-ridge roof).

The minimum setback area shall include a landscaped buffer strip of 10 feet in width along any common property line with a residential district or use. Where topography, tree growth or other natural or man-made features exist to provide adequate year-round separation of residential and business uses, the Board may waive the buffer screening requirement.

At least the first 10 feet adjacent to any lot line shall not be used for parking and loading and shall be planted and maintained in lawn areas or ground cover and landscaped with evergreen shrubbery.

Off-street parking. Parking shall be as specified in the parking section of this chapter.

Off-street loading. Loading shall be as specified in the loading section of this chapter.

Signs. Signs shall be as specified in the signs section of this chapter.

§ 120-415 GC General Commercial District.

Principal permitted uses on the land and in buildings:

Retail sales, drugstores, restaurants, cafes, and taverns, including drive-through uses.

General offices of all recognized professions, medical offices.

Banks, including drive-through facilities.

Supermarkets and shopping centers comprised of any of the above uses.

Wholesale sales facilities of any kind.

New or used automobile sales on lots greater than five acres.

Car wash businesses.

Personal/self storage facilities.

Bowling alleys and similar indoor recreational facilities.

Houses of worship and fraternal/civic organizations.

Accessory uses permitted: Uses and buildings incidental to the above uses, including any use on the same lot with and customarily incidental to any permitted use in this district.

Conditional uses:

Gasoline stations, automotive body shops, repair garages, engine, transmission, auto glass, or similar specialty automotive repair shops in accordance with the conditional use standards specified in this chapter.

Commercial dry-cleaning plants, subject to the performance standards of this chapter.

Area and yard requirements:

Minimum lot area: 40,000 square feet.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Minimum front yard: 30 feet.

Minimum side/both yard: 25 feet/50 feet.

Minimum rear yard: 30 feet.

Maximum building coverage: 20%.

Maximum impervious coverage: 55%.

Maximum building height: 2.5 stories; 35 feet.

Minimum accessory side yard: 10 feet.

Minimum accessory rear yard: 25 feet.

Maximum accessory height: 15 feet.

(13)

Minimum gross floor area: 5,000 square feet.

Additional requirements:

More than one principal building shall be permitted in this district. All buildings shall be separated by a minimum of 20 feet when such separation is to be used solely for pedestrian circulation. All buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation. However, the separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

Where a lot within the GC District lies adjacent to a lot in the C District which is held in common ownership, the lot in the C District may be utilized to satisfy yard setback requirements for said lot in the GC District, provided that a minimum ten-foot setback is maintained from any required freshwater wetland transition area or one-hundred-year floodplain.

Off-street parking. Parking shall be as specified in the parking section of this chapter.

Off-street loading. Loading shall be as specified in the loading section of this chapter.

Signs. Signs shall be as specified in the signs section of this chapter.

§ 120-416 LI Light Industrial District.

Permitted principal uses on the land and in buildings:

Fully enclosed warehouse, wholesale, distribution or self-storage facilities.

Contractors' shops and businesses such as heating and cooling plumbing supply houses, sheet metal fabrication businesses, electrical contractor shops, cabinet and countertop fabrication, electronics and appliance repair and clearance warehouses.

Offices and office buildings.

New and used automotive sales or sales of similar specialty vehicles, or sales of general equipment or machinery, or machine repair or service businesses.

Automotive body shops, repair garages, engine, transmission, auto glass, or similar specialty automotive repair shops, excluding junkyards, salvage or recycling uses.

Private recreational academies for gymnastics, dance, karate or similar sports training facilities, or private recreational uses such as membership gyms, skating rinks, bowling alleys, sports clubs, rock-climbing gyms or paintball facilities.

Scientific or research laboratories and limited manufacturing, provided that all operations and activities, except parking, shall be carried on within enclosed buildings and provided further that at no time will said uses cause or result in:

Violation of the performance standards of this chapter, including dissemination of smoke, gas, dust, odor, noise, glare, vibration, heat, electromagnetic interference, discharge of any waste material whatsoever onto the ground or into any watercourse, or any other matter which pollutes the atmosphere outside the building in which the use is conducted, or anywhere on the site.

The manufacture of explosives or any similar physical hazard by means of fire, explosion, radiation or any similar cause to property in the same or in adjacent districts.

Mining or and, clay or gravel or other extractive processes, and commercial stripping of topsoil.

Accessory uses permitted:

Off-street loading and off-street parking and private garages to house delivery trucks or other commercial vehicles.

General storage buildings for the storage of materials owned by the owners or tenants of the property.

Employee cafeterias in service to the employees of the principal use designated on the site plan as approved by the Planning Board.

All storage tanks including but not limited to water, chemicals, propane and automobile and heating fuel storage tanks, provided that such tanks are no higher than 15 feet above the ground and all tanks comply with any applicable federal, state and/or local ordinances, statutes, codes and regulations. Any proposed tank over 15 feet high shall not be a permitted or accessory use.

Security guard houses, gate houses and bus shelters not exceeding 12 feet in height, located in the front yard along the entrance driveway(s) to the property and set back at least 25 feet from all street and property lines.

Conditional uses:

Public utility facilities and uses subject to the conditional use standards specified in this chapter.

Prohibited uses:

Nothing contained herein shall prohibit a permitted use from conducting occasional warehouse sales or from establishing warehouse showrooms smaller than 2,500 square feet, or prohibit a permitted use from conducting incidental retail sales at its facility in a sales area no greater than 2,500 square feet.

Junkyards, auto body salvage, waste transfer uses and/or similar materials recycling facilities.

Storage of explosives or any toxic materials.

Blast furnaces.

Slaughterhouses.

All adult uses, including bookstores, strip clubs, nude clubs or go-go bars of any type.

Landfills and dumps.

Residential uses of any kind.

Any heavy industry as determined by the Zoning Officer.

Area and yard requirements:

Minimum lot area¹: 60,000 square feet.

Minimum lot width: 200 feet.

Minimum lot depth: 300 feet.

Minimum front yard: 100 feet.

Minimum side/both yard: 25 feet/50 feet.

Minimum rear yard: 50 feet.

Maximum building coverage: 20%.

Maximum impervious coverage: 50%.

Maximum building height: 2.5 stories; 35 feet.

Minimum accessory side yard: 25 feet.

Minimum accessory rear yard: 25 feet.

Maximum accessory height: 15 feet.

(13)

Minimum gross floor area: 10,000 square feet.

Additional requirements:

Any principal building may contain more than one use, but only one principal building is permitted on a lot.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent properties not located within the LI District and must be situated within the property lines of the principal use.

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

The minimum required setback area shall include a landscaped buffer screening of 25 feet in width along any common property line with a residential district or use and 10 feet in width along any other property line. To the greatest extent possible, existing woodlands, windbreaks and watersheds shall be preserved and the existing native forested nature of the ground shall be maintained. Where topography, tree growth or other natural or man-made features exist to provide adequate year-round separation of residential and industrial uses, the Planning Board may waive the buffer screening requirement.

Within the required front yard area and at least 10 feet adjacent to any nonresidential lot line and 25 feet adjacent to any residential lot line, there shall be no parking or loading and, except for access driveways, the area shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery, except that a total of no more than 20 visitor parking spaces may be provided in the front yard area directly in front of the principal building, provided that they are adequately screened from view.

A detailed description of any proposed industrial process as well as its resulting products and by-products shall be included in any development application.

Liquid waste and sewage shall be discharged into an approved existing public sewage treatment plant or shall be treated in a treatment plant or process which is in compliance with state statues and the requirements of the New Jersey Department of Environmental Protection. A certificate or statement of adequacy from the Board of Health and the New Jersey Department of Environmental Protection shall be required prior to the issuance of a zoning or building permit.

Any private water system shall meet all requirements of the Borough and state. Additionally, a statement from the state geologist indicating the adequacy of an underground water supply for the intended use shall be required prior to the issuance of a zoning or building permit.

Precautions against fire hazards, air pollution, radiation and explosion; provisions for the handling and storing of materials; structural building design; and provisions for safeguarding the health of workers shall be set forth and shall comply with applicable state statutes and the requirements of the New Jersey Department of Environmental Protection and Department of Labor and Industry.

No vibration or glare shall be evident at any point more than 150 feet from the source of said vibration or light.