City of Linden, NJ
Union County
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Table of Contents
Table of Contents
[Editor's Note: The power to regulate zoning is contained in N.J.S.A. 40:55D-1 et seq. Short term residential rentals, see Ch. 1 § 1-5.2.]
[1979 Code § 22-1.1; Ord. No. 20-163 § 101]
This chapter shall be known and may be cited as the "City of Linden Zoning Ordinance."
[1979 Code § 22-1.2; Ord. No. 20-163 § 102]
The intent of this chapter is to establish a precise and detailed plan for the use of land in the City based on the master plan for the City and enacted in order to promote and to protect the public health, safety, morals, comfort, convenience and the general welfare of the people. This chapter is intended to regulate the use of land within zoning districts, promote orderly development, regulate intensity of use and the location of buildings, establish standards of development, prohibit incompatible uses, regulate the alteration of existing buildings, limit congestion in the street, protect against hazards and conserve the taxable value of land.
[1979 Code § 22-1.3; Ord. No. 20-163 § 103]
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposed a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control.
[1979 Code § 22-2; Ord. No. 20-163 § 200-272; Ord. No. 22-70 § 1; Ord. No. 25-24 § 1; Ord. No. 25-35 § 1; Ord. No. 26-24 § 1; Ord. No. 48-21 § 1; Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also mean the plural, and "person" shall also mean other legal entities.
ABUTTING COUNTY ROAD
Any existing or proposed county road shown on the adopted County Master Plan or Official Map, which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESSORY BUILDING
A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. (See Accessory Structure and Accessory Use.)
ACCESSORY STRUCTURE
A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. (See also Accessory Building and Accessory Use)
ACCESSORY USE
A use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use. (See also Accessory Building and Accessory Structure.)
ADVERSE DRAINAGE CONDITION
The absence of drainage facilities, drainage easements or drainage rights-of-way leading to, along or through a street, road, drainage structure or property, either within or exterior to a proposed subdivision or site plan, of such location, size, design, construction or condition which would provide adequately for storm drainage or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure or property or which would remove the threat of such damage.
ALTERATIONS
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as alterations.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.
ANIMAL KENNEL
Any building, structure or premises in which animals are kept, boarded, bred or trained for commercial gain.
APPROVED PLAN
A plan which has been granted final approval of the Planning Board or Board of Adjustment of the City of Linden.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM), with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area is also called the "floodplain" or "flood-prone area."
ARTIST AND ARTISAN STUDIO OR WORKSHOP
An establishment wherein persons skilled in the fine arts such as drawing, painting or sculpture, or persons with special skills or trade in the manual arts, such as pottery, glass blowing and jewelry-making, work or carry out light manufacturing or repairs.
ASSEMBLY AND PACKAGING FACILITY
Activities and uses such as those that involve the assembly and sale of pre-manufactured components, telemarketing, personal storage facilities, and other similar commercial activities which have minimum environmental impact, are largely conducted within entirely enclosed structures.
ASSISTED LIVING FACILITY
Residences for the frail elderly that provide rooms, meals, personal care and the supervision of self-administered medication, and may in addition provide recreational activities, financial services and transportation for the residents.
ATTACHED HOUSE
A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units. The common or abutting wall must be shared for at least 75 percent of the length of the side of the building. The shared or abutting walls may be any wall of the buildings, including the walls of attached garages. An attached house does not share common floor/ceilings with other dwelling units. An attached house is also commonly referred to as a rowhouse or a common-wall house.
ATTIC
The space between the ceiling beams of the top story and the roof rafters.
ATTIC STORY
An attic having, within its space, possible floor area with headroom of five feet or greater over sixty (60) percent or more of the story directly beneath.
AUTOMOTIVE GASOLINE STATION
Buildings arranged or designed to be used for the retail sale of oil, gasoline or other fuel for the propulsion or lubrication of motor vehicles, and which may include facilities for changing tires, tube repairing, polishing, greasing, washing or minor automotive repairs, but excluding so called high speed automotive washing, steam cleaning or work involving open flare or spark-emitting devices.
AUTOMOBILE SALES LOT
An open area, other than a street, which is used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOTIVE REPAIR STATION
Buildings arranged or designed to be used for any repairs, customizing, painting or reconstruction of automobiles, trucks and motorcycles, including minor and major automotive repairs.
AVIATION USES
Facilities primarily engaged with the landing and takeoff of flying vehicles, including loading and unloading areas, which also includes terminals for aircraft.
AWNING
A roof-like cover that projects from a wall of a building for the purpose of shielding a doorway or window from the elements.
BANNER
A flexible substrate on which copy or graphics may be displayed.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION
The highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.
BASEMENT
A story of any building having more than half its cubic volume above the average grade of the adjoining ground.
BED AND BREAKFAST ESTABLISHMENT
A building that contains a minimum of two units utilized for lodging and a morning meal for transient guests in exchange for compensation.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than those on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted thereon, or the products primarily sold or manufactured thereon.
BOARDING HOME FOR SHELTERED CARE
An establishment licensed by the New Jersey State Department of Health to operate as a "boarding home for sheltered care."
BOARDINGHOUSE OR ROOMING HOUSE
A dwelling which contains sleeping accommodations for more than two but not more than eight persons who are not members of a family as defined in this chapter. The term "rooming house" shall be deemed to include lodging house and boardinghouse, but not hotel or any accommodations for transient occupancy.
BUFFER AREA
An area of land in which no building, parking area, material storage or other improvement, other than a private driveway, shall be permitted.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING, COMMUNITY
A publicly owned or operated building for civic, social, educational, cultural or recreational activities of a neighborhood or community.
BUILDING AREA
The total of areas of outside dimensions on a horizontal plane at ground level of the principal buildings and all accessory buildings.
BULK LIQUID AND GASEOUS MATERIAL STORAGE FACILITIES
One (1) or more above ground structures each having a water volume capacity of five hundred fifty (550) or more gallons except that water storage tanks shall not be included herein.
CABARET OR NIGHTCLUB
Any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians, or any mechanical, electronic or other means, such as records, laser discs, audio or videotapes or other audio or audiovisual means; this does include the operation of a motion-picture theater. Also included as entertainment are any act, play, burlesque show, revue, pantomime, scene, dance act or song-and-dance act participated in by one (1) or more employees, guests, customers or any other person or persons. For the purpose of this definition, background piped-in music shall not be deemed as a form of entertainment.
CAPITAL IMPROVEMENT
A governmental construction project or acquisition of equipment or real property.
CAR DEALER, NEW
An establishment primarily engaged in the factory authorized retail sale of new cars; permitted accessory uses are the maintenance of a service and repair shop, the retail sale of used cars, car parts and accessories and the sale of used, new and unused light vehicles other than cars.
CAR DEALER, USED
An establishment solely engaged in the sale of used cars.
CARPORT
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CELLAR
A story of any building having more than half its cubic volume below the average grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY
The certificate issued by the Building and Zoning Officer which permits the use of a building in accordance with the approved plans and specifications.
CERTIFICATION
A signed, written statement by the appropriate officer that specific constructions, inspections, tests or notices, where required, have been performed and that such comply with this chapter.
CHANGE OF USE
A change from any use listed in subsection 29-5.9 of this chapter to any other use, or from any use not listed to any other use.
CHANNEL
A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHECK CASHING STORE
An establishment primarily engaged in the business of cashing of checks for individuals and not offering the full range of financial services normally associated with a bank.
CITY
The City of Linden.
CLINIC
A place where patients are studied or treated by physicians licensed in medicine specializing in various ailments and practicing as a group.
COMMERCIAL OR INDUSTRIAL CENTER
A group of commercial or industrial establishments planned, developed and managed as a unit in a building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.
COMMERCIAL VEHICLE OR COMMERCIAL LIGHT VEHICLE
Any such currently registered and operational motor vehicle containing advertising, signs, lettering, names or addresses, other than trademarks and labels of manufacturer and dealer, but not including any omnibus, school bus or school vehicle as defined by Title 39 of the New Jersey Revised Statutes.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly.
COMPLETE APPLICATION
An application form completed as specified by Chapter 29 and the rules and regulations of the Boards and all accompanying documents required for approval of the application for development.
CONDITIONAL USE
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONVENIENCE STORE
Establishments that sell a range of everyday items such as groceries, prepared food for off-site consumption, toiletries, alcoholic and soft drinks, tobacco products, newspapers and may offer money order and wire transfer services.
COUNTY MASTER PLAN
A composite of the plan elements for the physical development of Union County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Union County Planning Board.
COURT
Any open, unoccupied area which is bounded by three or more building walls.
COURT, INNER
An open area, unobstructed from the ground to the sky, which is bounded on more than three sides by the exterior walls of one or more buildings.
COURT, OUTER
An open space unobstructed from the ground to the sky which is bounded on not more than three sides by the exterior walls of one or more buildings.
COVERAGE, LOT
Shall mean the percentage of lot area covered by the principal building and accessory buildings.
CUL-DE-SAC
The turnaround at the end of a dead-end street.
CULVERT
A structure with a clear span of 20 feet or less under a driveway, road, railroad or pedestrian walk, not incorporated in a closed system.
CUT
Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.
DATA CENTERS
A space dedicated to the processing of data in servers and/or associated computer equipment which is not intended, designed or used for human occupancy due to computer operations, HVAC limitations, fire suppression system requirements and/or other physical or system constraints.
DATA PROCESSING AND COMMUNICATION STUDY ESTABLISHMENTS
A space containing computers, computer equipment, data processing equipment and/or related equipment which is intended, designed and used for human occupancy.
DAYS
Calendar days.
DEAD-END STREET
A street or portion of a street which is accessible by a single means of ingress or egress.
DEDICATION FOR STREET PURPOSES
A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DELICATESSENS
Establishments primarily engaged in providing food services (except snack and nonalcoholic beverage bars) where patrons generally order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to the customer's location. Some establishments in this industry may provide these food services in combination with selling alcoholic beverages.
DEDICATION FOR STREET PURPOSES
A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DISTRIBUTION CENTERS
Includes the warehousing and distribution of goods, provided that up to 10% of the gross floor area of any "distribution center" may be used for executive or administrative office uses ancillary to the warehouse distribution uses. Warehousing in "office distribution centers" shall not include the storage of fuels, hazardous materials, hazardous waste, highly flammable liquids or gases or petrochemical products. All warehousing and storage of goods shall be conducted entirely within enclosed structures and buildings. "Distribution centers" shall not include mini warehouses or similar uses or truck depots or similar uses.
DISTRICT
An area of land in which certain zoning regulations and requirements are established by this chapter.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.
DWELLING, ATTACHED
A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
DWELLING, DETACHED
A dwelling which is not attached to any other dwelling.
DWELLING, ONE FAMILY
A detached building containing one (1) dwelling unit designed for or occupied by one (1) family.
DWELLING, TWO-FAMILY
A detached building containing two (2) dwelling units.
DWELLING, MULTI-FAMILY
A building containing three (3) or more dwelling units.
DWELLING, APARTMENT BUILDINGS
A building containing five (5) or more dwelling units and further, apartment buildings shall be classified one from another as follows:
a. 
Garden Apartment Building. Less than thirty-five (35) feet in height and shall be three (3) or less habitable stories.
b. 
High Rise Apartment Building. More than thirty-five (35) feet in height and shall have four (4) or more habitable stories.
DWELLING UNIT
A building or portion thereof consisting of one (1) or more rooms having cooking facilities, sleeping space and bathroom all designed and arranged as living quarters for one (1) family only. For purposes of this chapter the term "apartment" shall be synonymous with the term "dwelling unit."
ELECTRONIC MESSAGE CENTER OR SIGN (EMC)
An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source. (See also following terms principally associated with Electronic Message Centers: Display Time, Dissolve, Dynamic Frame Effect, Fade, Frame, Frame Effect, Scroll, Transition, Travel)
DISPLAY TIME
The amount of time a message and/or graphic is displayed on an Electronic Message Sign.
DISSOLVE
A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.
DYNAMIC FRAME EFFECT
An Electronic Message Sign frame effect in which the illusion of motion and/or animation is used.
FADE
A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
FRAME
A complete, static display screen on an Electronic Message Sign.
FRAME EFFECT
A visual effect on an Electronic Message Sign applied to a single frame. See also Dynamic Frame Effect.
SCROLL
A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface.
TRANSITION
A visual effect used on an Electronic Message Sign to change from one message to another.
TRAVEL
A mode of message transition on an Electronic Message Sign in which the message appears to move horizontally across the display surface.
ELEVATED BUILDING
A non-basement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor, or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated building or structure above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.
a. 
In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
b. 
In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EXAMINATION ROOM
Any room used for testing, inspecting, investigation or treatment of a patient as opposed to a waiting room, counseling room or offices and where special medical or dental equipment may be installed to assist in the examination or treatment.
EXISTING GRADE
The vertical location of the ground surface prior to excavating or filling.
FAMILY
One or more persons related by blood, marriage or adoption and foster children placed by the New Jersey Board of Child Welfare or a duly incorporated childcare agency, living together as a single housekeeping unit, and not more than two roomers or boarders; or a group of persons, not necessarily related by blood or marriage, living together as a bona fide, single nonprofit housekeeping unit.
FAMILY DAY CARE
A private residence which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.) and is further defined as a private residence in which childcare services are provided for a fee and not less than three and no more than five children at one time for no less than 15 hours per week; except that the division shall not exclude a family day-care home with less than three children from voluntary registration.
FINE ART SCHOOLS
Establishments primarily engaged in offering instruction in the arts, including dance, art, drama, and music.
FLOOD DAMAGE POTENTIAL
The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters.
b. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD FRINGE AREA
That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood, plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREA
The floodplain, consisting of the floodway and the flood fringe area.
FLOOD HAZARD DESIGN ELEVATION
The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.
FLOOD INSURANCE RATE MAP
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report in which the Federal Insurance Administration has provided flood profiles, the Flood Boundary and Floodway Map and the water surface elevations of the base flood.
FLOODPLAIN
The same as the "flood hazard area," and shall include Zones A-1 through A-30 on the Flood Insurance Rate Map.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA, RATIO
The ratio of the gross floor area of all buildings on a lot to the lot area.
FLY ASH
Particles of gas borne matter, not including process material, arising from the combustion of solid fuel such as coal or wood.
GALLERIES, ART
Establishments primarily engaged in retailing original and limited edition art works.
GARAGE, PRIVATE
A detached accessory building or portion of a principal building used for the parking or temporary storage of automobiles of the occupants of the principal building to which the garage is accessory.
GASOLINE STATION, AUTOMOTIVE
A place where gasoline or other motor fuels are sold to the public and delivered directly into motor vehicles and which may also provide for the maintenance and service of motor vehicles or the sale and installation of motor vehicle equipment and accessories.
GOVERNING BODY
The City Council of the City of Linden.
GOVERNMENT AGENCY
Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and of any country, city, City, village, authority, district or other governmental unit.
GRADE, FINISHED
The final grade or elevation of the ground surface conforming to the proposed design.
GRADE PLANE
Shall be defined as follows:
a. 
Areas Located Outside the Flood Hazard Area: A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Finished grade shall be preconstruction grade on level sites and not in excess of two (2) feet above the preconstruction grade on the upland side(s) of a structure on sloping sites.
b. 
Areas or Portions of the Building Area of a Lot Located Within the Flood Hazard Area: The reference plane shall be the more restrictive of the base flood elevation or advisory base flood elevation of the flood hazard area plus one (1) foot.
GRADING
Any stripping, culling, filling, stockpiling or any combination thereof, including the land in its cut or filled condition.
GROSS FLOOR AREA
Shall be measured by using the outside dimensions of the building, excluding the area of an attached garage and further excluding the area used as a basement. Only those floor areas which have a ceiling height of seven (7) feet or more shall be eligible for inclusion in the gross floor area.
HAZARDOUS MATERIALS
Includes but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; and coal tar acids, such as phenols and cresols and their salts.
HAZARDOUS WASTE
Those wastes that can cause or help to cause illness or death or that, in the absence of proper management, represent a significant threat to either human health or the environment based upon the criteria of ignitability, corrosivity, reactivity and toxicity as established by the United States Environmental Protection Agency (EPA), pursuant to the provision of the Resource Conservation and Recovery Act of 1976.
HEALTH CARE FACILITY
A facility which provides a full range of medical preventative, diagnostic, treatment and surgical services, excluding drug rehabilitation services, by a group of physicians to persons who come to the facility to receive medical services and depart from the facility on the same day, which may also include ancillary lab testing, pharmaceutical, food service and other support services.
HEIGHT
The vertical distance from the grade plane to the highest point of the roof surface of a building.
HIGHLY FLAMMABLE LIQUIDS OR GASES
Liquids or gases having a flash point of 100º F (37º C) or less or auto ignition temperatures of 1,040º F (560º C) or less.
HISTORIC SITE
Any building, structure, area or property that has been designated to be significant in the history, architecture, archeology or culture of this state, its communities or the nation pursuant to the New Jersey Municipal Land Use Law.
HOME OCCUPATION
An activity carried out for gain by a resident, conducted entirely within a dwelling unit, which is clearly incidental and secondary to the use of the lot for residential purposes. The term shall not include businesses or occupations such as the operation of a beauty parlor, barber shop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boarding house, kennel or stable, massage parlor, dancing instructions, band instrument instructions in group, day care centers or nurseries, drug counseling centers, antique shops, restaurants, tea rooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades or similar establishments offering services to the general public and veterinary hospitals.
HOSPITAL
An institution providing primary health services and medical or surgical care to persons suffering from illness, disease, injury and other physical or mental conditions and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, training facilities, medical facilities and staff residences.
HOTEL
A building which contains six (6) or more hotel units which are designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation; and
a. 
Contains one or more public lobby or public registration (check in) and information stations (front desk) serving the guest rooms;
b. 
Provides access to all Hotel Units solely through one or more common public lobby areas via elevator or other conveyance system;
c. 
Has full-time on-site staff and management;
d. 
Provides amenities such as restaurants, banquet or dining rooms, conference rooms, swimming pools and other aquatic facilities as well room service, linen service and other elements normal and customary to a Hotel;
e. 
Maintains a published business phone number and, to the extent that such advertising is part of the Hotels business model, advertise daily rentals and hotel-like services to the general public.
HOTEL UNITS
Lodging units located within a hotel which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation. Each hotel unit shall contain, at a minimum, one (1) bedroom and one (1) separate bathroom, which shall be internal to the hotel unit; and
a. 
Shall consist of not less than 350 sf of net habitable floor area;
b. 
Shall contain no laundry facilities (other than an iron/ironing board);
c. 
Other than a coffee maker, small (typical bar size) refrigerator, microwave or honor bar, not more than 25% of the total number of hotel units shall contain facilities for the preparation, cooking or heating of food. Nothing herein shall prohibit the developer locating hotel units without cooking facilities adjacent to and contiguous with hotel units with cooking facilities with a common door between units such that, when opened, a multi-bedroom suite is created. In such case, such door shall be independently lockable from both sides to provide for security when the units are not used as a suite.
d. 
This definition shall specifically be construed to prohibit hotel units from being occupied or otherwise used as multiple dwellings as defined by the New Jersey Department of Community Affairs under the Hotel and Multiple-Dwelling Health and Safety Law. (N.J.S.A. 55:12A-1 et seq.)
HOUSEHOLD
A family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
IMPERVIOUS SURFACE
Any material which generally reduces or prevents absorption of stormwater into previously undeveloped land. Retention and detention basins and drywells allowing water to percolate directly into the ground shall not be considered as "impervious surfaces."
INDUSTRIAL SERVICE
Establishments that are primarily engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses typically perform services off-site. Few customers, especially the general public, come to the site. Examples of Industrial Service Uses include but are not limited too: welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal, and building materials; auto and truck salvage and wrecking; heavy truck servicing and repair; tire retreading or recapping; building, heating, plumbing or electrical contractors; trade schools where industrial vehicles and equipment, including heavy trucks, are operated; printing, publishing and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; dry-docks and the repair or dismantling of ships and barges; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or under any other law of this State or of the United States or has been denied, violated or infringed by an action or a failure to act under this chapter.
JUNK
Any scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with the dismantling, processing, salvage, storage, baling, disposal or other use or disposition. "Junk" may include, for purposes of illustration: vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, plaster, household appliances, wood, lumber, brush and building materials.
JUNKYARD
Any area, lot, parcel, building or structure used for the storage, sale, processing, abandonment or storage of junk.
LABORATORIES, RESEARCH
Limited to laboratories engaged in scientific investigation, testing or the production of factual information for industrial, commercial or institutional clients. No tangible or physical product for general marketing shall be directly produced therein, and no operation shall be conducted which would generate hazardous waste or by-products.
LAND DISTURBANCE
Any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
a. 
Pedal-operated vehicles, motorcycles, mopeds and other similar vehicles.
b. 
The following light motor vehicle classes, as recognized by the United States Environmental Protection Agency:
1. 
Cars, including station wagons.
2. 
Pickup trucks, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Pickup trucks with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.
3. 
Vans, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Vans with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.
4. 
Special purpose vehicles, but only those with a gross vehicular weight does not exceed 8,600 pounds. Special purpose vehicles with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.
c. 
This term does not include any omnibus, school bus or school vehicle as defined by Title 39 of the New Jersey Revised Statutes.
LOT
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The total area within the property lines of a lot.
LOT, CORNER
A lot on the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135°) degrees.
LOT FRONTAGE
A lot line or portion thereof which is coexistent with the street right-of-way line. In the case of residential corner lots, the smaller of the two (2) lines coexistent with the street line shall be the frontage. In the case of nonresidential corner lots, the frontage and front yard shall be determined in accordance with the definitions of Yard, Front and Yard, Street Side. In the case of lots fronting on a cul-de-sac or dead-end street, the lot frontage shall be measured along the front setback line, but in no case shall the length of the lot line coexistent with the street be less than two-thirds (2/3) of the required lot width or less than twenty-five (25) feet, whichever the greater.
LOT DEPTH
The minimum horizontal distance between the front and rear lot lines measured from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
The legal boundaries of a lot as determined on the tax maps or in the records of the County of Union.
LOT WIDTH
The distance between the side lot lines measured at the front setback line.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet in the case of a triangular lot.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT, THROUGH
An interior lot which extends from one street to another.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by this chapter.
MAJOR AUTOMOTIVE REPAIRS
Shall mean and include, but are not limited to, any repairs not set forth in the definition of minor automotive repairs.
MINOR AUTOMOTIVE REPAIRS
Shall mean and include, but are not limited to, (1) flats, (2) replacing hoses or belts, (3) repair and replacement of mufflers, radiators and brakes, (4) replacement of lights, bulbs, windshield wipers, (5) washing and polishing, (6) tune-ups and (7) the dispensing of motor fuels into vehicles and all such work which is similar to those enumerated above.
MAJOR SITE PLAN
A site plan not classified as a minor site plan.
a. 
Five or more acres.
b. 
Six or more dwelling units.
c. 
A planned development.
d. 
Any new street.
e. 
Any off-tract improvement which is to be provided pursuant to N.J.S.A. 40:55D-42.
MEDICAL CAMPUS
A campus which is devoted to a medical institution such as a hospital or medical center.
MICROCELL
A small patch antenna which is generally surface-mounted to a building facade.
MINOR SITE PLAN
A development plan for which no variance is required; the size of the existing building is not increased by more than 25% or 1,500 square feet, whichever is the lesser; the plan does not increase the number of off-street parking spaces by more than 10% of existing or more than five spaces in number, whichever is the lesser; the plan does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42. The plan shall contain the information reasonably required in order to make an informed determination.
MOTEL
A building which contains six (6) or more lodging units which are designed designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation. Motels shall maintain the characteristics of a hotel as defined herein except that motels need not:
a. 
Provide access to all motel units through common public lobby areas via elevator or other conveyance system;
b. 
Have full-time on-site staff and management;
c. 
Provide amenities such as restaurants, banquet or dining rooms, conference rooms, swimming pools and other aquatic facilities. However, motels shall provide room service, linen service and other elements normal and customary to a such facility.
MOTEL UNITS
Lodging units located within a motel which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation. Motels units shall maintain the characteristics of a hotel unit as defined herein except that motel units shall not consist of less than 350 sf of net habitable floor area.
NATURAL GROUND SURFACE
The ground surface in its original state before any grading, excavation or filling.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
NONCONFORMING LOT
A lot of record which does not have the minimum frontage or contain the minimum area or both for the zone in which it is located.
NONCONFORMING STRUCTURE
A structure or sign, the design, location or size of which does not conform to the regulations of this chapter for the district in which it is located.
NONCONFORMING USE
A building, structure or premises legally existing and which does not conform to the use regulations of the district in which it is located.
NUISANCE
An offensive, annoying, unpleasant or obnoxious thing or practice. A cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things such as but not limited to: noise, dust, smoke, odor, glare, vibration, heat, electronic or atomic radiation, objectionable effluent, and traffic.
NURSING CARE
Health care services provided by a licensed skilled nursing facility.
NURSING HOME
A building or portion thereof in which the facility is licensed by the State of New Jersey and the primary use is intermediate care or nursing care.
OBSTRUCTION
Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, COMMON
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
OPEN SPACE, PUBLIC
An open space area conveyed or otherwise dedicated to the City or a City agency, Board of Education, state or county agency or other public body for recreational and conservational uses.
PARKING AREA, PRIVATE
Any open area, including parking spaces, driveways and access aisles or other public ways, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation or as an accommodation for clients, customers and employees.
PATIO
A horizontal area located at existing grade and used for other than vehicular purposes, which is without roof or walls and surfaced with wood, macadam, masonry, stone, brick, block or other such material.
PENTHOUSE
A roofed enclosure up to 12 feet in height on top of a building and occupying not more than 20% of the main roof area.
PERFORMANCE GUARANTY
Any security which may be accepted by the City, provided that 10% of the total performance guaranty shall be in cash.
PERFORMANCE STANDARDS
The maximum emission level that a nuisance element is permitted under this chapter.
PERMIT
A certificate issued to perform work under this chapter.
PERMITTED USE
Any use which shall be allowed, subject to the provisions of this chapter.
PERMITTEE
Any person to whom a permit is issued in accordance with this chapter.
PORCH
A deck, patio or terrace with a permanent roof.
PRIVATE GARAGE
A building with enclosed parking as the primary principal use and with other principal uses restricted to liner commercial uses along the ground floor frontage or in other areas of the building as may be permitted by this chapter.
PROHIBITED USE
A use which is not permitted in a zone district.
PUBLIC AREAS
Existing or proposed public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and schools and other public buildings and structures.
RECREATION, COMMERCIAL
Recreation facilities operated as a business and open to the general public for a fee and where no alcoholic beverages are served and no live entertainment is conducted.
RECREATION, PUBLIC
Recreation facilities operated as a nonprofit enterprise by the City of Linden, any other governmental entity or any nonprofit organization and open to the general public.
RELIGIOUS EXERCISE
The term "religious exercise" includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility, and for the sole convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN
A restaurant at which any food or refreshments are customarily served to or consumed by any patrons while seated in automobiles, regardless of whether or not, in addition thereto, seats or other accommodations are provided for patrons.
RESTAURANT, FAST FOOD
An establishment designed for over-the-counter service which serves primarily a limited, standardized menu of quickly prepared or pre-prepared foods such as hamburgers, fried chicken, fried fish, etc., packaged in paper or other types of disposable wrappers and containers for immediate service to patrons primarily for immediate consumption whether or not interior seating facilities are provided.
RETAIL SALES
Establishments engaged in the selling or rental of new merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods. Retail sales establishments include galleries for the display and sale of art but do not include studios, schools, commercial schools or vehicle or boat sales, rental, leasing or service.
RETAIL SERVICE
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including, but not limited to, laundry, linen supply, diaper service, beauty and barber shops, shoe repair and nail salons. A personal service establishment may have accessory retail sales, but shall not be primarily engaged in retail sales. Funeral home services shall not be considered personal services.
RIGHT-OF-WAY
The land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery, and the proper amount of light and air established by local authorities.
ROOF DECK
An unenclosed area on a roof which is protected by a parapet wall or railing and which is designed for the use and enjoyment of the occupants of the building or a portion thereof.
ROOF GARDEN
An unenclosed area on a roof which is planted with vegetation that requires periodic watering and maintenance of the living material. A roof garden shall not be considered a green roof for the purposes of this chapter.
ROOMING HOUSE
A structure containing one (1) or more rooming units and wherein occupants are furnished shelter by the owner or his agent.
ROOMING UNIT
One (1) or more rooms comprising a living unit for one (1) or more persons wherein no kitchen facilities are provided.
SELF-STORAGE FACILITY
A facility containing separate, individual and private storage spaces available for lease or rent for varying periods of time.
SETBACK LINE
A line drawn at a distance from a street, side and rear property line equal to the required respective front, side and rear yard depths.
SIDEWALK CAFE
A structure or area used for eating and drinking that is located within a public right-of-way and that is attached and accessory to a restaurant or bar on private property and conforms to all applicable City regulations and approvals.
SIGHT TRIANGLE
A triangular-shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.
SIGN
A name, identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land, directing attention to a product, business, service or individual. However, a sign shall not include a display of official court or public notices or any official traffic control device and shall not include the flag, emblem or insignia of a nation, state, county, municipality or religious group. A sign shall not include a sign located completely within an enclosed building except if it is visible and directed to be seen from outside the building. Each display surface of the sign shall be considered to be a single sign, except that where two such surfaces of a sign are physically attached, parallel and separated by less than 12 inches, the two surfaces shall be considered a single sign.
SIGN OR ADVERTISING STRUCTURE
Any outdoor or indoor device, structure or display of any writing, printing, picture or drawing intended to invite or draw the attention of the public to any goods, service, activity or location.
SIGN, ABANDONED
A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located. Whether a sign has been abandoned or not shall be determined by the intent of the owner of the sign and shall be governed by applicable State Case Law and Statutory Law on abandoned structures.
SIGN, ALTERATION
A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. A change in the size or shape of an existing sign copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.
SIGN, ANIMATED
A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:
a. 
Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
b. 
Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
c. 
Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
1. 
Flashing: Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination.
2. 
Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
SIGN AREA
The surface area enclosed by the outer edge of the outmost frame or border of the sign or, if the sign is not enclosed, the surface area of the smallest rectangle or other outline which encompasses all the features of the sign.
SIGN, AWNING
A sign displayed on or attached flat against the surface or surfaces of an awning.
SIGN, BANNER
A sign utilizing a banner as its display surface.
SIGN, BENCH
A sign applied or affixed to the seat or back of a bench.
SIGN, BUILDING
A sign that is applied or affixed to a building.
SIGN, CANOPY
A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Similar to a Marquee Sign.
SIGN, CHANGEABLE
A sign with the capability of content change by means of manual or remote input, includes the following types:
a. 
Manually Activated - Changeable sign whose message copy or content can be changed manually on a display surface.
b. 
Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Electronic Message Center.
SIGN, COPY
The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
SIGN, DIRECTIONAL
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
SIGN DISSOLVE
A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.
SIGN, EXTERNALLY ILLUMINATED
See Illuminated Sign.
SIGN, FLASHING
See Animated Sign, Electrically Activated.
SIGN, FREESTANDING
A sign principally supported by one or more columns, poles, or braces placed in or upon the ground.
SIGN, ILLUMINATED
A sign characterized by the use of artificial light, either projecting through its surface(s) [Internally or trans-illuminated]; or reflecting off its surface(s) [Externally illuminated].
SIGN, INTERNALLY ILLUMINATED
See Illuminated Sign.
SIGN, INTERIOR
Any sign placed within a building, but not including window signs as defined by this ordinance. Interior signs that are prominently visible and/or are designed to be visible from the outside of the building are regulated by this ordinance.
SIGN, MONUMENT
A ground sign generally having a low profile with little or no open space between the ground and the sign and having a structure constructed of masonry, wood, or materials similar in appearance.
SIGN, MULTIPLE FACED
A sign containing three (3) or more faces.
SIGN, NONCONFORMING
A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.
SIGN, ON-PREMISES
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
SIGN, POLITICAL
A temporary sign intended to advance a political statement, cause, or candidate for office.
SIGN, PORTABLE
Any cord-connected sign not permanently attached to the ground and can be removed without the use of tools.
SIGN, PROJECTING
A sign other than a Wall Sign that is attached to or projects more than eighteen (18) inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
SIGN, PYLON
See Freestanding Sign.
SIGN, REAL ESTATE
A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.
SIGN, REVOLVING
A sign that has the capability to revolve three hundred and sixty degrees (360º) about an axis. See also: Animated Sign, Mechanically Activated.
SIGN, ROOF
A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.
SIGN, SPECIAL EVENT
A temporary sign pertaining to any civic, patriotic, or special event of general public interest.
SIGN, TEMPORARY
A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
SIGN, UNDER CANOPY OR SIGN, UNDER MARQUEE
A sign attached to the underside of a canopy or marquee.
SIGN, WALL OR FASCIA
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
SIGN, WAYFINDING
A sign, frequently off-premises, specifically designed to provide directional or destination information. See also Off-Premises Sign.
SIGN, WINDOW
A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.
SITE PLAN
A plan showing the location of all existing and proposed site improvements including, but not limited to, buildings, utilities, driveways, parking areas, lighting, landscaping and signs.
SLOPE
The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Somerset Union Soil Conservation District.
STORMWATER DETENTION
Any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORY
That part of any building comprised between the level of one (1) finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. The first story of any building shall be where more than fifty (50%) percent of the story is above the finished grade along the front of the building.
STREET LINE
The dividing line between the street and a lot.
STREET, MARGINAL ACCESS
A street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of land or water. In addition to the above definition, "structure" also means a walled and roofed building or a gas or liquid storage tank that is principally aboveground.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
a. 
Any project for the improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
b. 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
a. 
General. Any artificially constructed basin or other structure for holding of water for use for swimming, diving and other aquatic sports and recreation. The term "swimming pool" shall not include a temporarily erected plastic, canvas or rubber pool either holding less than one hundred (100) gallons of water or having a maximum possible depth of less than twelve (12) inches of water.
b. 
Private Swimming Pool. A structure as defined in paragraph a above, for the use by the possessor, his family or guests and as further described and regulated in subsection 31-19.4.
c. 
Public or Other Swimming Pool. A structure as defined in paragraph a above for the use and enjoyment of the general public or members of a club or organization as further defined and regulated in subsections 31-19.5 and 31-19.6.
TERRACE
A raised horizontal structure or area having the characteristics of a deck or patio but not more than one foot in height.
TOWNHOUSE
An attached or semi-detached dwelling with two direct means of access from the outside and having separate cooking, sleeping and sanitary facilities and separate facilities for sewerage, heating, water, electric and gas.
TOWNHOUSE DEVELOPMENT
Dwellings developed as a single entity in which individual dwellings (and associate lots if applicable) have a common or public open space as an appurtenance, and further provided that no more than fifty (50%) percent of all townhouse units contained within the "townhouse development" shall occupy air space above another, a noise and fire barrier between the two (2) units shall be provided.
TRAILER
A vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.
TRUCK TERMINAL
An establishment primarily engaged in furnishing, hauling or transfer services without long-term product or cargo storage and where trucks load and unload products or cargo for transshipment or reshipment without accessory consolidation, repacking or value added services. A truck terminal may also include accessory areas for the repair, service, maintenance temporary storage or parking of trucks.
TWO FAMILY SEMI-DETACHED DWELLING
A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling is located on a separate lot.
USES
The specific purpose for which a parcel of land or building or a portion of a building is designed, arranged, intended, occupied or maintained.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment-producing areas by covering the soil with permanent or short-term seeding, mulching or sodding.
VEHICLE, MOTOR
A self-propelled device which is licensed as a motor vehicle by the State of New Jersey.
VEHICULAR SALES AREA
An open area, other than a right-of-way, or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
VENDING MACHINES
A coin-operated device located outside of a principal building, which dispenses various items or products such as, but not limited to, food, drink, ice, reading materials or toiletries.
WEB BASED RETAILERS
Establishments engaged in retailing all types of merchandise using the Internet.
WHOLESALE SALES
Establishments engaged in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way such uses operate. Products may be picked up on site or delivered to the customer. Examples include but are not limited to: sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware, and office supplies.
YARD, FRONT
A space extending the full width of the lot between any building and the front lot line, measured perpendicular to the building at its closest point to the front lot line. Said "front yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, REAR
A space extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the building at its closest point to the rear lot line. Said "rear yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, SIDE
A space extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular to the side lot line at its closest point to the principal building. Said "side yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, STREET SIDE
On a corner lot, the side yard where the face of a principal building does not front upon.
ZONING PERMIT
A document signed by the Zoning Officer, which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom.
[1979 Code § 22-3.1; Ord. No. 20-163 § 300; Ord. No. 25-7 § 1; Ord. No. 29-47 § I; Ord. No. 52-71 § I; Ord. No. 53-16 § 1; Ord. No 54-23; Ord. No. 55-58 § 1; Ord. No. 57-37 § 1; Ord. No. 58-31; Ord. No. 58-59; Ord. No. 58-72; Ord. No. 60-1 § 3]
For the purpose of this chapter, the City of Linden is hereby divided into use districts as follows:
Symbol
District Name
R-1a
Single Family (50 feet)
R-1b
Single Family (40 feet)
R-2a
Two-Family (50 feet)
R-2b
Two-Family (40 feet)
R-3
Apartment
OPT
Office, Professional, Transitional
ROC
Residential, Office, Commercial
C-1
Central Business
C-1A
Commercial
C-1B
Commercial
C-2 (40)
Residential/Retail Commercial
C-2 (60)
Retail Commercial
C-2 (100)
Retail Commercial
C-2 (HD)
Highway Commercial
L-I, LI-A,
Light Industrial Zones
H-I
Heavy Industrial
PCD
Planned Commercial Development
SA-1
Linden Station Area - Core Transit Village District — Mixed Use
SA-2
Linden Station Area - Transit Village Residential District
RPZ
Runway Protection Overlay
B-R
Bayway Redevelopment
C-R
Conocco Phillips Redevelopment
ED-R
Economic Development Redevelopment
I-R
Infineum Redevelopment
L-R
Landfill Redevelopment
M-R
Merck Redevelopment
SGA-1-R
Saint Georges Avenue — Phase I Redevelopment
SGA-2-R
Saint Georges Avenue — Phase II Redevelopment
SA-R
Linden Station Area — South Wood Avenue Redevelopment District
T-R
Theater Redevelopment District
U-R
United Lacquer Redevelopment
[1979 Code § 22-3.2; Ord. No. 20-163 § 301; Ord. No. 25-7 § 1; Ord. No. 29-47 § I; Ord. No. 47-4 § 1; Ord. No. 52-71 § II; Ord. No. 53-16 § 1; Ord. No. 54-23; Ord. No. 55-58; Ord. No. 57-37 § 1; Ord. No. 58-31; Ord. No. 58-34; Ord. No. 58-59; Ord. No. 58-72; Ord. No. 58-77]
The zoning map previously amended on July 19, 1991, and revised August 13, 1991, September 17, 1991, August 18, 1992, November 24, 1992, December 15, 1992, February 20, 1997, July 12, 1999, October 20, 2003, December 2014, October 24, 2007, January 2008, May 14, 2010 and September 11, 2013 is hereby further amended in accordance with the map which is attached herewith and made a part of this chapter by reference. The official zoning map shall be located in the office of the City Engineer and maintained by him.
a. 
Amendments.
1. 
Ordinance No. 54-23: The zoning map of the City of Linden, as adopted pursuant to subsection 31-3.2 and subsequently amended, is hereby further amended to revise the zone plan for the Linden Station Area to consist of the SA-1 Core Transit Village District - Mixed Use, the SA-2 Transit Village Residential District, the SA-R South Wood Avenue Redevelopment District, and the Theater Redevelopment District as shown on the map entitled Linden Station Area Zone Districts, dated November 20, 2009, and revised March 10, 2010, as new zone districts of the City, which map is appended to this ordinance.
2. 
Ordinance No. 57-37: The zoning map of the City of Linden, as adopted pursuant to subsection 31-3.2 and subsequently amended, is hereby further amended to revise the zone plan for the Route 1&9 and Pleasant Street area to remove the R-4 Multi-Family Residential - Age Restricted District, portions of the PCD Planned Commercial District and to replace them with the C-1B Commercial District as shown on the map entitled Pleasant Street Area Zone Districts, dated July 24, 2014, as a new zone district of the City, which map is appended to this ordinance.
3. 
Ordinance No. 58-72: The zoning map of the City of Linden, as adopted pursuant to § 31-3.2 and subsequently amended, is hereby further amended as shown on the map entitled Linden Municipal Airport Runway Protection Zone (East & West), dated October 10, 2014, as a new zone district of the City, which map is appended to this ordinance.
[1979 Code § 22-3.3; Ord. No. 20-163 § 301; Ord. No. 60-1 § 3]
District boundary lines are intended to follow street center lines, lot or property lines and watercourses as they exist at the time of enactment of this chapter unless otherwise indicated by dimensions on the zoning map. The exact location of any disputed district boundary line shall be determined by the Board of Adjustment.
The City's Zoning Map identifies one C-2 District. The boundary lines for each C-2 sub-district, which include the C-2 (40), C-2 (60), C-2 (100) and C-2 (HD) shall be determined by measuring the lot frontage of the roadway with the highest street classification. State and County roadways shall be considered to have a higher street classification than a local roadway. Where two (2) roadways have the same street classification, the roadway with the larger lot frontage shall be used as the basis for determining which C-2 sub-district the property is zoned for in accordance with the following table:
City of Linden C-2 Sub-District Determination Table
Lot Frontage
C-2 Sub District
59 feet and less
C-2 (40)
60 feet to 99 feet
C-2 (60)
100 feet to 199 feet
C-2 (100)
200 feet and greater
C-2 (HD)
[1979 Code § 22-4.1; Ord. No. 20-163 § 400; Ord. No. 25-7 § 1; Ord. No. 25-35 § 1; Ord. No. 27-18 § II; Ord. No. 29-47 §§ II, V; Ord. No. 50-26 § 1; Ord. No. 53-41 § 1; Ord. No. 54-23; Ord. No. 60-1 § 3]
The restrictions and controls to regulate development in each zoning district are set forth in the Schedule of Limitations and supplemented by other sections of this chapter. The Schedule of Limitations is comprised of a list of permitted and accessory uses, as well as height limitations, area and yard requirements, conditional uses. No building shall hereafter be erected, altered, converted or enlarged, wholly or in part, except in conformity with the Schedule of Limitations or as modified and supplemented hereinafter.
a. 
The Schedule of Limitations of the City of Linden, as adopted pursuant to subsection 31-4.1 and subsequently amended, is hereby further amended to include the Area, Yard, and Bulk Requirements for the zone plan for the Linden Station Area consisting of the SA-1 Core Transit Village District - Mixed Use, the SA-2 Transit Village Residential District, the SA-R South Wood Avenue Redevelopment District, and the Theater Redevelopment District, as shown on the schedule entitled Linden Station Area - Area, Yard and Bulk Requirements, dated March 10, 2010, which schedule is appended to this ordinance. The Schedule of Limitations is further amended to include the schedule entitled Linden Station Area - Schedule of Permitted Uses dated March 10, 2010, which schedule is appended to this ordinance.[1]
[1]
Editor's Note: Schedule of Limitations: Height, Area and Yard Requirements and Schedule of Limitations: Permitted and Accessory Uses are included as an attachment to this chapter.
[Ord. No. 53-41 § 1; Ord. No. 60-1 § 3]
There shall be no more than one (1) principal use on a nonresidential lot, except where specifically permitted by the zone regulations or associated with a commercial or industrial center as defined by ordinance.
[Ord. No. 60-1 § 3]
a. 
Second Dwelling Prohibited. Except for two-family homes and multifamily housing developments, in no case shall there be permitted more than one (1) residential building on each subdivision lot of record.
b. 
Location on Improved Street. All principal buildings shall be built upon a lot with frontage upon a public street or private road improved in accordance with City requirements or for which such improvements have been insured by the posting of a performance guaranty.
[Ord. No. 60-1 § 3]
Unless specified elsewhere in this chapter, accessory structures shall conform to the following regulations:
a. 
Location.
1. 
In any residential zone, no private detached garage or other accessory building or parking area shall be located within a required front yard nor within a required side yard, except that nothing shall prohibit an owner of a home from counting a driveway as an off-street parking space.
2. 
A residential driveway shall be set back a minimum of two (2) feet from the side property line.
3. 
In the case of exceptionally wide lots where side yards are provided of greater width than required by this chapter, accessory buildings may be erected in the side yards, provided that the side yard required as a minimum by this chapter for the particular zone involved shall be left open and unoccupied except as permitted in this chapter.
b. 
Accessory Structure as Part of Principal Building. A private garage constructed as a structural part of a main dwelling shall be considered part of the principal building and shall comply in all respects with yard requirements of this chapter for the principal building.
c. 
Area Restrictions. Accessory structures may occupy, in aggregate, not more than forty (40%) percent of the required rear yard area in all zoning districts.
d. 
Distance from Principal Buildings. The minimum distance of any detached accessory structure from the principal building shall be five (5) feet.
e. 
Height Restrictions. In any residential district, no accessory structure shall exceed fifteen (15) feet in height.
f. 
Distance from Street Line. On through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on the street which said yard abuts.
g. 
Accessory Building Not to Be Resided In. No accessory building shall be used for residential dwelling purposes in any zoning district.
h. 
Private Swimming Pools. See subsection 31-19.4.
[Ord. No. 53-47 § 1]
a. 
A zoning permit shall be obtained prior to the commencement of any use or the erection, reconstruction, alteration, conversion or installation of any structure or building, confirming that such uses, structures, or building complies with the City of Linden Zoning Ordinance Chapter 31.
b. 
Zoning permits shall be required for the following buildings and uses:
1. 
Residential alterations to one- or two-family dwellings that do not result in any zoning bulk violation and which do not alter the footprint of the existing principal structure and accessory uses such as but not limited to driveways, patios, hardscaping, sidewalks, porches, fences, decks, sheds, pools (above ground and inground), garages, carports, etc., and any alterations to residential dwellings which change, enlarge or alter existing building footprint.
2. 
New residential one- and two-family dwellings.
3. 
New nonresidential structures.
4. 
Multi-family structures.
5. 
Alterations to multi-family, nonresidential structures: fences, retaining walls, accessory buildings, sheds, flat concrete, landscaping, signs, pools, pavers, decks, etc.
6. 
New or continued use/occupancy.
c. 
The Zoning Officer may revoke any zoning permit if it is determined that the actual conditions or construction does not adhere to the plans, specifications, terms and conditions or approvals upon which the construction permit was issued or there exist any violations of any applicable municipal or State regulations.
[Ord. No. 53-47 § 1]
a. 
A $25 nonrefundable fee payable to the City of Linden for all new construction and alteration as described herein.
b. 
A $50 dollar nonrefundable review fee made payable to the City of Linden for the approval or Letter of Denial for the occupancy or continued use of any premises or structure.
[Ord. No. 61-21]
a. 
The defined term of "POD" is as follows:
POD
A unit greater in dimension than three (3) feet in length by three (3) feet in width by three (3) feet in height rented or owned or for use by the property owner for storage of personal, business, or commercial items or used for the packing or storage of items for permanently moving to or from the residence or for temporarily storing items during a renovation to the main residences. PODS® include, but are not limited to, sea boxes, bulk storage containers, portable on demand storage containers, store-to-door mobile transportation storage containers, roll-off containers or other such similar containers.
[Ord. No. 61-21]
a. 
No POD shall be placed on or at a residential property without obtaining a Zoning Department Permit. The Zoning Department shall provide a copy of this section and application forms in all applications for any construction permits. To obtain a permit, the property owner(s) or property manager, in the case of rental units shall obtain approval from the Zoning Officer. Applications shall include, but not limited to, the following:
1. 
The names, addresses and telephone numbers of the owner or manager of the property on or at which the POD is to be placed; and
2. 
The names, addresses and telephone numbers of the individual or company which owns the POD; and
3. 
A copy of a survey must accompany the application; and
4. 
Any other information the Zoning Officer may require to determine the full compliance with other applicable ordinances of the City.
b. 
In the case of a tenant or property owner using the same POD for the purposes of moving between properties within the City, only one permit will be required; however, a survey shall be submitted for both locations.
c. 
Size of POD. A POD shall be no greater than eight (8) feet in height, twenty-four (24) feet in length and eight (8) feet in width.
d. 
Number of PODS®. One (1) POD shall be permitted per residential property.
e. 
Location of PODS®. The placement of PODS® shall meet all of the following provisions:
1. 
The POD shall be placed either on the lawn, in the driveway or in an approved paved parking area at the furthest possible point from the street and at least ten (10) feet from the curb.
2. 
The POD shall not be placed within any public right-of-way or roadway including sidewalks.
3. 
In a multi-family residential complex, the POD shall be placed as close to the dwelling using the unit as possible.
4. 
At the discretion of the Zoning Officer, the POD may be placed in an alternative location provided that the alternative location does not create an unsafe location.
f. 
Duration.
1. 
Where a POD is used for the parking or storage of items for permanently moving to or from a residence, during any twelve (12) month period commencing from the date of issuance of a permit, one (1) POD may be placed on or at a residential property for a period not exceeding fourteen (14) total days to load and fourteen (14) total days to unload.
2. 
Where a POD is used during construction or renovation to the main residence, commencing from the date of issuance of a permit, one (1) POD may be placed on or at a residential property for an initial period not exceeding three (3) months with an additional renewal of three (3) additional months thereafter in the event the construction or renovation project has not been completed. After an initial six (6) months, the applicant may request one (1) month extension for good cause from the Zoning Officer, but in no event shall the period of storage under this section extend beyond twelve (12) total months.
3. 
Where residential fire, hurricane, natural or man-made disaster has occurred causing substantial damage to a residential property, the Zoning Officer of the City shall determine the time period for the POD.
g. 
Fees.
1. 
Where a POD is used for packing or storage of items for permanently moving to and from a residence, the fee for a POD permit shall be $50.
2. 
Where a POD is used during construction or renovation to the main residence, the fee for the POD shall be $100 for the first three (3) months and three (3) month renewal thereafter. After the initial six (6) month period, the fee for a POD permit shall be $25 for each additional one (1) month renewal.
3. 
The City of Linden shall not pro-rate the POD fee if the unit is removed prior to the end of the fee period.
h. 
Guidelines.
1. 
No POD shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, or goods for property other than at the residential property where the storage unit is located.
2. 
Storage of hazardous material within the POD is prohibited.
3. 
PODS® shall be locked and secured by the property owner, tenant or property manager at all times when loading or unloading is not taking place.
4. 
The property owner, tenant or property manager or user of a POD must secure it in a manner that does not endanger the safety of person or property in the vicinity of the temporary structure. In the event of severe weather conditions in which the unit may become a physical danger to persons or property, the City of Linden may require the removal of the POD.
5. 
No temporary or permanent wiring shall be installed in or attached to a POD.
6. 
A POD must be placed on the ground as designed and not raised for underneath storage.
7. 
No materials or equipment may be stored on top of a POD.
8. 
The POD shall not be placed within any public right-of-way or roadway including sidewalks.
i. 
Occupancy of Container Prohibited.
No human or animal shall occupy any POD except for the express purpose of loading or unloading the container. No heat source of any kind shall be placed in any POD.
j. 
Separate Violations.
Each and every day that a POD remains on the property beyond the applicable permitted time, shall be considered as a new and separate violation. Each and every POD more than the quantity of one (1) located on the property shall be considered a new and separate violation.
[1979 Code § 22-4.1A; Ord. No. 29-47 § III]
Any and all provisions of the subdivision and site plan regulations as set forth herein shall constitute the collective development regulations of planned residential development options.
[1979 Code § 22-4.1Aa; Ord. No. 29-47 § III]
The planned residential development intent and purposes are:
a. 
To encourage innovations in residential development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space auxiliary to the buildings.
b. 
To provide greater opportunities for better housing and recreation, conveniently located to each other.
c. 
To encourage a more efficient use of land and of public services, private services in lieu thereof.
d. 
To lessen the burden of traffic on streets and highways.
e. 
To provide a procedure which can relate the type, design and layout of a residential development to the particular demand for housing and other facilities including the foregoing at the time of development in a manner consistent with the preservation of property values within established residential areas to ensure that the increased flexibility of substantive regulations over land development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development.
[1979 Code § 22-4.1Ab; Ord. No. 29-47 § III]
The provision of this subsection shall apply to the L-I (RO) District where a planned residential development option is permitted.
a. 
Development Application Filing Procedure.
1. 
An applicant may request an informal review of application by the Board. No fee shall be charged for the review, and no written report from the Board or its technical or professional advisors shall be provided.
2. 
Filing application. The applicant shall pay all fees and file copies of plans with the Planning Board. Plans shall be reviewed by technical and professional advisors of the Board and report to the Board. The Board, within forty-five (45) days of filing of the application, shall determine by resolution whether or not the plans are complete as per N.J.S.A. 40:55D-1 et seq. The Board, after determination that the application is complete, shall schedule a public hearing and act upon the application in accordance with law. All planned residential development applications shall be made as a simultaneous major site plan and subdivision application.
[1979 Code § 22-4.1Ac; Ord. No. 29-47 § III]
Uses permitted in a planned residential development may include and shall be limited to:
a. 
Detached single-family dwellings and accessory structures thereto.
b. 
Attached single-family dwellings and accessory structures thereto. For purposes of this subsection no more than one (1) dwelling shall be located on a lot and no more than two (2) dwellings shall be attached one to another; and further provided, that the word "attached" shall mean common bearing wall(s) and foundation(s) but shall not be construed to include fencing, decks or other architectural appurtenances as connecting structural parts.
c. 
Accessory uses shall be limited to customary and incidental uses and structures to single-family dwellings. Accessory uses shall not include home offices or occupations.
[1979 Code § 22-4.1Ad; Ord. No. 29-47 § III]
a. 
Planned residential development applications shall comply with the applicable standards hereafter and all other applicable standards of this chapter.
b. 
Development Standards.
1. 
Minimum acres*: five (5) acres.
2. 
Maximum gross density**: eight (8) lots/acre.
3. 
Minimum lot size for detached single-family dwelling: four thousand (4,000) square feet.
4. 
Minimum lot width for single-family detached dwelling: forty (40) feet.
5. 
Minimum lot size for attached single-family dwellings: three thousand (3,000) square feet.
6. 
Minimum lot width for attached single-family dwellings: thirty (30) feet.
7. 
Minimum/maximum percentage of single-family detached homes to total homes: twenty-five (25%) percent/fifty (50%) percent.
8. 
Minimum/maximum percentage of single-family attached homes to total homes: twenty-five (25%) percent/seventy-five (75%) percent.
9. 
Minimum percentage open space***: five (5%) percent.
* The minimum required area shall include only lands adjacent or contiguous to each other under single or combined ownership and located entirely within the L-I (RO) District.
** Gross density shall be calculated by dividing the total number of proposed lots by the total acreage of the development application.
*** Minimum required open space and public area shall include all lands, whether to be in common open space, public facility areas or public areas. Required open space lands shall not include areas of lots in private individual ownership, land area within the right-of-way of a public or private street.
[1979 Code § 22-4.1Ae; Ord. No. 29-47 § III; Ord. No. 48-21 § 1]
a. 
The lot size and all other development standards of an adjacent residential zone shall be the minimum standards of development of any lot(s) created within a planned residential development which is adjacent to a residential zone boundary.
b. 
No lot shall front an existing or proposed street classified as other than a local access street in the adopted Master Plan of the City.
c. 
Except as required above and provided herein, the minimum development standards for lots shall be as set forth in the R-1b District.
d. 
Floor plans and building elevations shall be submitted of all proposed housing types.
e. 
Typical landscaping plans shall be required.
f. 
Parking requirements shall be as specified in the "Residential Site Improvement Standards" of the New Jersey Administrative Code, Title 5, Chapter 21, latest edition.
[1979 Code § 22-4.1Af; Ord. No. 29-47 § III; Ord. No. 48-21 § 1]
a. 
No more than two (2) single-family dwellings shall be attached one to another.
b. 
The minimum yard-depth requirement shall be as follows:
1. 
Front yard depth: twenty (20) feet from a public right-of-way or twenty-five (25) feet from the curb of a private street.
2. 
One (1) side yard: zero (0)
3. 
One (1) side yard: ten (10) feet.
4. 
Rear yard: thirty-five (35) feet.
5. 
Maximum percentage of lot coverage by building(s): thirty-five (35%) percent.
c. 
Accessory Structures. No attached accessory structure shall extend more than six (6) feet from the side wall of the principal dwelling to which attached, and, further, such accessory structure shall comply with side yard requirements for the principal structure.
Any attached accessory structure shall be of the same color as the principal structure to which attached.
d. 
No structure shall exceed thirty (30) feet in height.
e. 
Floor plans and building elevations shall be submitted of all proposed housing types.
f. 
Typical landscaping plans shall be required.
g. 
All attached single-family dwelling units shall be served by individual driveways connected to a public or private street. The driveway shall have a minimum surface area of one hundred sixty (160) square feet and minimum width of eight (8) feet.
h. 
Parking requirements shall be as specified in the "Residential Site Improvement Standards" of the New Jersey Administrative Code, Title 5, Chapter 21, latest edition.
[1979 Code § 22-4.1Ag; Ord. No. 29-47 § III]
a. 
In reviewing applications for a planned residential development the Planning Board will require evidence that adequate open space in appropriate locations will be available.
b. 
Open space must have safe and convenient pedestrian access.
c. 
The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Such open space shall consist of any combination of common space, public open space and public areas.
d. 
Common Open Space. The developer shall provide for the establishment of an organization for the ownership and maintenance of any common open space and such organization shall be established and regulated by all applicable standards and conditions State statute.
[1979 Code § 22-4.1Ah; Ord. No. 29-47 § III]
a. 
All existing roads and proposed roads to be dedicated shall be improved or constructed in accordance with the City Subdivision Standards.
b. 
The right-of-way and pavement widths for improvement of private roads shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire fighting equipment and Police vehicles. Internal private roads shall have a required pavement width as follows:
1. 
Two-way traffic roads: thirty (30) feet paved width.
2. 
Sidewalks shall be at least three (3) feet in width. Service ways for public service and emergency vehicles shall be no less than fifteen (15) feet in width.
[1979 Code § 22-4.1Ai; Ord. No. 29-47 § III]
As a condition to preliminary approval of the planned residential development plan, the Board may permit the implementation of the plan in whole or in sections or in stages consisting of one (1) or more sections or stages, under the sequence of actions determined as a part of the planned residential development district plan. Such sections or stages shall be:
a. 
Substantially functionally self-contained and self-sustaining with regard to access, open spaces and similar physical features.
b. 
Provided with such temporary or permanent transitional features, buffers or protective areas as the conditions of ownership and maintenance may require to prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the planned development. Plans and specifications of such sections or stages are to be filed with the Board and are to be of sufficient detail and at such scale as to fully demonstrate the arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities and land ownership conditions.
[1979 Code § 22-4.1Aj; Ord. No. 29-47 § III]
a. 
Before consideration of final approval or, as a condition of the preliminary approval, the applicant shall have installed the improvements specified as part of the conditions of preliminary approval, or the Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements or the conditions approved as part of the preliminary approval.
b. 
Improvement. Prior to the granting of final approval, the applicant shall have installed or shall have first post-performance guaranties for the ultimate installation of all improvements required.
[1979 Code § 22-4.1Ak; Ord. No. 29-47 § III]
To further the mutual interest of the residents and owners of the planned residential development and of the public in the preservation of the integrity of the plans finally approved, and to secure that modifications, if any, in the plans shall not impair the reasonable reliance of the residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
a. 
Enforcement by the City of the provisions of the plans relating to the use of land and the use, bulk and location of buildings and structures; to the quality and location of common open space; and to the intensity of use or the density of residential units shall run in favor of the City and shall be enforceable in law or in equity by the City without limitation of any powers or regulation otherwise granted the City by law.
b. 
Provision of the plans shall run in favor of the residents of the planned development, but only to the extent expressly provided in the plans and in accordance with the terms of the plans, and to that extent the provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by the residents and owners, acting individually, jointly or through an organization designated in the plans to act on their behalf; provided, however, that no provisions of the plans shall be implied to exist in favor of residents and owners of the development except as to those portions of the plans which have been finally approved and have been recorded.
c. 
Modification of the Plan by the City. All those provisions of the plan authorized to be enforced by the City may be modified, removed or released by the City (except grants or easements relating to the service or equipment of a public utility), subject to the following conditions:
1. 
No such modification, removal or release of the provision of a plan by the City shall affect the rights of the residents and owners of the developments to maintain and enforce those provisions, at law or equity, as provided above.
2. 
No modification, removal or release of the provisions of a plan by the municipality be permitted except upon a finding by the Board following a public hearing called and held in accordance with law, that the same is consistent with the efficient development and preservation of the entire development, does not adversely affect either the enjoyment of land abutting upon or across a street from the development or the public interest, and is not granted solely to confer a special benefit upon any person.
d. 
Modification by the Residents. Residents and owners of a development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the City to enforce the provisions of the plan.
[1979 Code § 22-4.1Al; Ord. No. 29-47 § III]
In addition to the requirements for subdivision and site plan map submission, a planned residential development application shall include such information as is reasonably necessary to disclose the following:
a. 
The location, district and size of the site and the nature of the landowner's interest in the land to be developed.
b. 
The type of land use to be allocated to parts of the site to be developed.
c. 
The location and size of any open space.
d. 
The use and the approximate height, bulk and location of buildings and other structures.
e. 
The feasibility of proposals for the disposition of sanitary waste and stormwater, and for the provision of other utilities and services such as water supply and solid waste disposal.
f. 
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities.
g. 
The provisions for the parking of vehicles and the location and width of proposed streets and public ways.
h. 
In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the development are intended to be filed and the developer's financial responsibility.
i. 
A written statement by the landowner or any other entity having cognizable interest in the land, setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the municipal statement of objectives.
[1979 Code § 22-4.1B; Ord. No. 29-47 § IV]
The ED Economic District includes all lands of the City of Linden Airport (Block 580, Lot 1) and other contiguous lots. All lots not owned by the City shall be regulated by this chapter as if zoned L-I. The use, development and other regulations for ED District shall be the standards and uses established by the Mayor and Council acting as the redevelopment agency pursuant to N.J.A.C. 40:55C-37. No change of plan, use or development regulations shall be permitted unless a public hearing by the Planning Board is held and the Mayor and Council thereafter review and approve the Planning Board decision on the plan. Such plan may encompass a portion or all of Block 580, Lot. 1.
[Ord. No. 52-71 § I; Ord. No. 55-58]
a. 
To allow for development of a mix of compatible retail, commercial and related uses.
b. 
To encourage the beneficial redevelopment of property through a planned development alternative that provides for an integrated design with respect to the location and relationship of buildings, parking, landscape amenities, architectural elements, internal roadways, pedestrian walkways and access.
[Ord. No. 52-71 § I; Ord. No. 55-58]
In the PCD District no buildings or structures shall be erected nor shall any land or building be designed, used or intended to be used for any purpose other than the following:
a. 
Principal Uses.
1. 
Retail sale of goods and services including, but not limited to, home improvement stores, supermarkets, pharmacies, garden centers and nurseries.
2. 
Restaurants, including but not limited to fast food restaurants, drive-in restaurants, cafes and coffee shops.
3. 
Hotels.
4. 
Banks, finance, real estate, and insurance offices.
5. 
Automobile showrooms and sales lots, excluding used car lots.
6. 
Professional and business offices.
7. 
Indoor recreation facilities.
8. 
Health clubs.
b. 
Accessory Uses.
1. 
Off-street parking and loading facilities.
2. 
Accessory storage within a fully enclosed or fenced in area for materials, goods and supplies intended for sale or consumption on the premises.
3. 
Other customary accessory uses and structures which are clearly incidental to the principal uses and buildings permitted in this zone.
4. 
Accessory retail sales in office and hotel buildings including newsstands, coffee shops, gift shops, restaurants, bars, spas, and related uses and activities.
c. 
Conditional Uses.
1. 
None.
[Ord. No. 52-71 § I; Ord. No. 55-58]
a. 
The subject tract shall be developed in accordance with an overall master plan. There shall be an established architectural theme for the buildings within the PCD District which includes facade treatments, signage, lighting, landscaping and other design elements.
b. 
Architecture should provide a coherent design theme throughout the development, using rooflines, building materials, entrance locations and massing of buildings to provide a compatible visual relationship between the various buildings and uses.
[Ord. No. 52-71 § I; Ord. No. 53-10 § I; Ord. No. 55-58; Ord. No. 58-59]
a. 
Overall Tract Development.
1. 
Tract Size. A minimum of thirty (30) contiguous acres shall be required for development in the PCD District. Existing over proposed public roadways bisecting a tract shall not render a tract not contiguous.
2. 
Street Frontage. A minimum street frontage of one thousand seven hundred (1,700) feet shall be required along the Route 1&9 right-of-way.
3. 
Building Setbacks.
(a) 
Principal and accessory buildings shall be set back a minimum of fifty (50) feet from the Route 1&9 right-of-way, except that a building with a floor area of one hundred thousand (100,000) square feet or greater shall be set back a minimum of one hundred (100) feet from the Route 1&9 right-of-way.
(b) 
Principal and accessory buildings shall be set back a minimum of thirty (30) feet from Pleasant Street and a minimum of thirty (30) feet from an abutting residential zone boundary.
(c) 
All principal buildings shall be set back a minimum of twenty-five (25) feet from all other zone boundaries.
4. 
Building Coverage. The maximum permitted coverage by all principal and accessory buildings shall be fifty (50%) percent. Minimum permitted coverage shall be five (5%) percent.
5. 
Impervious Coverage. The maximum permitted coverage by all buildings and other impervious material shall be eighty (80%) percent for any lot whose principal building setback is less than one hundred (100) feet from the Route 1&9 right-of-way. A lot whose principal building is set back one hundred (100) feet or more from the Route 1&9 right-of-way shall be permitted a maximum of coverage of ninety (90%) percent.
b. 
Individual Lot Development. These regulations are designed to permit subdivision of lots within the tract area consistent with the overall master plan and taking into account provisions for cross-access and cross-parking arrangements between lots.
1. 
Lot Size. A minimum lot area of thirty thousand (30,000) square feet shall be required for individual lots within the PCD District.
2. 
Street Frontage. A minimum frontage of one hundred (100) feet shall be required.
3. 
Building Setbacks. Building setback requirements shall be the same as for the overall tract.
4. 
Building Coverage. Building coverage requirements shall be the same as for the overall tract.
5. 
Impervious Coverage. Impervious coverage requirements shall be the same as for the overall tract.
6. 
Lot Depth. The minimum lot depth shall be one hundred fifty (150) feet.
c. 
Building Height. All restrictions set forth herein are further limited by any restrictions regarding building heights imposed by the Federal Aviation Administration (FAA) and compliance with same must be demonstrated.
1. 
Retail and Service Uses. Retail and service buildings shall not exceed two and one-half (2 1/2) stories or fifty (50) feet in height.
2. 
Restaurants. Restaurant buildings shall not exceed two and one-half (2 1/2) stories or fifty (50) feet in height.
3. 
Hotels. Hotel buildings shall not exceed six (6) stories or seventy-five (75) feet in height.
4. 
Banks. Bank buildings shall not exceed two (2) stories or forty (40) feet in height.
5. 
Automobile Showrooms. Automobile showroom buildings shall not exceed two and one-half (2 1/2) stories or fifty (50) feet in height.
6. 
Offices. Office buildings shall not exceed six (6) stories or seventy-five (75) feet in height.
7. 
Indoor Recreation Facilities. Indoor recreation buildings shall not exceed two and one-half (2 1/2) stories or fifty (50) feet in height.
8. 
Health Clubs. Health club buildings shall not exceed two and one-half (2 1/2) stories or fifty (50) feet in height.
9. 
Ancillary Rooftop Appurtenances.
(a) 
Ancillary rooftop appurtenances, including mechanical equipment and/or decorative features such as parapet walls, towers, skylights, etc., may exceed the height limitations set forth herein, provided that in no event shall such appurtenances exceed fifteen (15) feet in height.
(b) 
Rooftop mechanicals shall be screened so as to mitigate the visual impact of such equipment.
[Ord. No. 52-71 § I; Ord. No. 55-58]
In order to ensure that building facades are aesthetically pleasing and compatible with the overall design theme, the following guiding principles should apply.
a. 
Large horizontal buildings should be broken into vertical bays where practical. Bays may be defined through elements such as columns, pilasters, changes in facade plane, size and rhythm of window spacing and/or variation in surface material and pattern.
b. 
Design emphasis should be placed on primary building entrances, particularly where there is the need to provide contrast with a long linear building footprint. Details such as piers, columns, and framing should be utilized to reinforce verticality. Where possible, fenestration, canopies or awnings should be incorporated into building facades.
c. 
Side and rear elevations should receive architectural treatments comparable to front facades where public access or public parking is provided next to the buildings or where large areas of blank, solid walls are along external roadways.
d. 
Stone, masonry, brick, wood, and glass, as well as cast iron, steel, aluminum and other types of metal are preferred primary materials for facades. Variations in colors, textures, fenestration and pattern may be employed to further break up the building bulk.
[Ord. No. 52-71 § I; Ord. No. 55-58; Ord. No. 58-59 § 6]
The tract should be landscaped so as to control the project's environmental impact and to enhance its visual appearance, both on-site and from the public street system. Particular attention should be placed upon the Route 1&9 and Pleasant Street frontages.
a. 
Landscaping Along Street Frontage.
1. 
A minimum 20-foot wide landscaped buffer shall be maintained along the Route 1&9 street frontage and a minimum 5-foot wide landscaped buffer should be maintained along Pleasant Street.
2. 
Site access driveways may intrude upon such landscaped buffer areas.
b. 
Landscaping Along Residential Zone Boundary Line.
1. 
A minimum 15-foot wide landscaped buffer shall be established along the common lot line of any adjoining residential zone.
2. 
Buffers shall be landscaped with deciduous and coniferous plantings to provide a year-round visual screen.
c. 
Landscaping of Internal Roadways and Driveways.
1. 
The main entrance road should include street trees on each side of the roadway, and such trees should be of a different species than trees planted in parking areas.
2. 
Spacing between trees should be a maximum fifty (50) feet unless another vertical element, such as a decorative light pole, pier elevation, or sign is used between the trees.
d. 
Landscaping of Parking Areas.
1. 
Street trees and other plant material should be provided in landscaped islands at the ends of parking rows in excess of twenty-five (25) spaces.
2. 
Landscaped islands should be at least five (5) feet in width.
e. 
Landscaping and Screening Around Structures.
1. 
Any ground level utility cabinets should be fenced or landscaped, or both.
2. 
Outdoor trash and recycling bins, sheds, and storage areas should be located a minimum of thirty (30) feet from any street or property line and ten (10) feet from any internal property line, and shall be appropriately screened and/or landscaped.
[Ord. No. 52-71 § I; Ord. No. 55-58]
a. 
Off-street parking and loading requirements shall be provided in accordance with Section 31-27 of this chapter, except that subsection 31-27.13 shall not apply to the PCD District.
b. 
Off-street parking spaces may be located on lots other than the lot upon which the building for which parking to be provided is located, provided such lots are both located within the overall development tract and are subject to cross-parking and access easements and shall not be more than two hundred (200) feet distant from the nearest pedestrian walkway.
c. 
The Planning Board shall have the authority to reduce the number of required off-street parking spaces if it can be demonstrated through a shared parking analysis that the number of spaces necessary to accommodate multiple uses within the development is actually less than what would otherwise be required due to the varying peak-hour parking demands among such uses.
[Ord. No. 52-71 § I; Ord. No. 55-58]
a. 
A coordinated signage package shall be established for the overall tract, which shall be consistent with the various design elements of the project (i.e., building facades and materials, lighting, landscaping, etc.).
b. 
All signs shall comply with subsection 31-25.8 of this chapter unless otherwise superseded herein.
c. 
No sign shall be located closer than twenty-five (25) feet to any residential zone boundary.
d. 
The graphic area of a sign shall be defined as the entire area enclosing the limits of wording, representation, emblem, or any figure of similar character, any of which form an integral part of the display or serves to differentiate such display from the structure to which it is affixed. Any background materials, color or area defined by a border or a frame shall be included as part of the graphic area.
e. 
The sign area shall be defined as the area enclosed by the perimeter of the aggregate sign face. When a sign is composed of letters only the sign area shall be the sum of the area of the smallest contiguous rectangle capable of containing all adjoining letters.
f. 
Permitted Signage.
1. 
Directory Sign for Retail Development.
(a) 
Directory signs shall not exceed thirty-five (35) feet in height.
(b) 
Directory signs shall not exceed one hundred fifty (150) square feet in area on any one (1) side.
(c) 
One (1) directory sign shall be permitted along the Route 1&9 right-of-way.
(d) 
Directory signs may include the name of the development as well as the names of each business or tenant in the development.
(e) 
Directory signs shall not be located closer than five (5) feet to any property line.
(f) 
The bottom of the directory sign shall not be closer than five (5) feet to the ground level.
2. 
Freestanding Ground Signs for Individual Retail Uses.
(a) 
Each individual building shall be allowed one (1) ground sign per right-of-way frontage. If no right-of-way frontage exists, then internal roadways will be classified as frontage for freestanding ground sign purposes.
(b) 
Freestanding ground signs shall have a maximum height of eight (8) feet and a maximum width of ten (10) feet. The graphic area shall not exceed forty-five (45) square feet per sign face.
(c) 
Freestanding ground signs shall be constructed with a masonry base that is consistent in color with the overall retail development.
(d) 
All freestanding ground signs shall be placed in a landscaped area.
3. 
Attached Wall Signs for Retail Uses.
(a) 
Use of individually-mounted letters shall be limited to the fronts of stores.
(b) 
In all instances the message area letters and/or its sign panel shall be mounted directly to the building face consisting of brick, cast stone, or synthetic stucco building material.
(c) 
Attached wall signs on buildings greater than twenty thousand (20,000) square feet shall conform to the following:
(1) 
The maximum sign area shall be two (2) square feet of wall sign for each one (1) linear foot of wall to which the signage is to be mounted. Total signage shall not exceed six hundred (600) square feet per facade.
(2) 
The maximum mounting height of any sign shall not exceed twenty-eight (28) feet above grade and shall not extend above the roof or line of the parapet construction.
(3) 
The maximum letter height of the message area shall be seventy-two (72) inches.
(d) 
Attached wall signs on buildings less than twenty thousand (20,000) square feet shall conform to the following:
(1) 
The maximum sign area shall be two (2) square feet of sign area for each one (1) linear foot of wall to which the signage is to be mounted. The sign area shall not exceed three hundred (300) square feet.
(2) 
The horizontal width of any individual business or tenant copy (i.e., logo, name, etc.) shall be a maximum of fifty (50%) percent of the width of such tenant's storefront width.
(3) 
The maximum mounting height of any sign shall not exceed twenty (20) feet above grade and shall not extend above the roof or line of the parapet construction.
(4) 
The maximum letter height of the message area shall be thirty (30) inches, except that the maximum height of the upper case letters may be thirty-six (36) inches.
4. 
Directional/Informational Signs for Retail Buildings.
(a) 
Directional signs shall be located to insure the safe and proper movement of vehicles within the development. Directional signs may include the names of individual occupants.
(b) 
Each individual building lot shall provide appropriate directional signage at ingress/egress access points.
(c) 
On-site permanent directional signs, e.g., employee and visitor parking, deliveries, etc., will be of a common design, material and size.
(d) 
The maximum height of directional signage shall be four (4) feet and the maximum copy area type face shall be four (4) square feet.
5. 
Entry Drive Sign Piers.
(a) 
Ground-mounted entry drive sign piers shall be permitted.
(b) 
Piers shall have a maximum height of twenty-five (25) feet and a maximum width of four (4) feet. Banners shall have a maximum height of six (6) feet and a maximum width of three (3) feet. Banners and hardware holding banners shall not project more than five (5) feet from the pier.
(c) 
All entry drive sign piers shall be constructed with a masonry base that is consistent in color with the overall retail development.
6. 
The following sign types are prohibited:
(a) 
Wall-mounted enclosed cabinet signs.
(b) 
Roof top signs.
(c) 
Flashing, traveling, animated, rotating, audible or intermittently illuminated signs.
(d) 
Permanent or temporary banners, other than the center's banners that are described herein.
(e) 
Advertising devices that attempt, or appear to attempt, to direct movement of traffic, or which interfere with, imitate or resemble an official sign, signal or device.
(f) 
Signs erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey and County or municipality thereof, or by any public utility or similar agency concerned with the protection of the public health or safety.
(g) 
Neon signs or similar illuminated advertisements that diminish or detract from the effectiveness of any traffic signal or similar safety or warning device.
(h) 
Billboards.
[Ord. No. 52-71 § I; Ord. No. 55-58]
a. 
Sidewalks should be located along building frontages and where pedestrian movements are encouraged between buildings and uses.
b. 
Sidewalks should have a width of at least five (5) feet.
c. 
Any paver and concrete colors should be consistent with the project architecture.
[Ord. No. 52-71 § I; Ord. No. 55-58]
The use of street furniture (benches, planters, trash receptacles, etc.) is encouraged throughout the development.
[Ord. No. 52-71 § I; Ord. No. 55-58]
a. 
Exterior lighting around the buildings should be consistent in character with the overall project design and architecture.
b. 
Where possible, light poles should be placed within landscaped islands.
c. 
The source of illumination from lighting fixtures should be recessed and shielded, such as through use of cut-off fixtures.
d. 
Where possible, lighting sources should be consistent with Green Design Standards listed in subsection 31-11.12, Green Design Standards.
[Ord. No. 52-71 § I; Ord. No. 55-58]
a. 
All buildings in the PCD district are encouraged to achieve certification under the Leadership in Energy and Environmental Design (LEED) rating system for green building design, sponsored by the US Green Building Council (USGBC). Broadly speaking, green building design goals include reduced energy and water use, use of sustainable, renewable, non-toxic and locally-produced materials; improved indoor air quality; environmentally-conscious site planning; and a location in a central, developed area with existing services and resources. The USGBC has developed a variety of standards for evaluating green building design in several categories, including LEED-NC (for New Construction).
b. 
Rooftop areas in each building should be developed to reduce the heat island effect according to the definition in LEED-NC's Sustainable Sites Credit 7.2: Heat Island Effect Roof, or the definition in LEED-ND's Green Construction and Technology Credit 10, Heat Island Reduction, Option 2 Roof.
c. 
All outdoor lighting, including street lamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies. Bright, stadium-style lighting is prohibited.
d. 
The LEED/green design standards in this subsection shall be considered voluntary rather than mandatory.
[Ord. No. 52-71, Ord. No. 55-58; Ord. No. 57-37; Ord. No. 58-31; Ord. No. 58-59; Ord. No. 60-1 § 3]
a. 
Principal Uses.
1. 
Retail sales of goods and services
2. 
Food stores
3. 
Banks
4. 
Professional and business offices, including without limitation, medical and dental offices and finance, real estate and insurance offices
5. 
Health clubs and fitness centers
6. 
Indoor recreation
Multiple principal uses are permitted on a lot and within a building
b. 
Accessory Uses and Buildings Permitted.
1. 
Parking garages and parking lots
2. 
Any other use or building which is subordinate and customarily incidental to a principal permitted use
c. 
Conditional Uses.
1. 
Convenience food stores with gasoline sales, subject to the standards and regulations as set forth in subsection 31-19.10.
2. 
Restaurants, including without limitation, fast food restaurants and drive-in restaurants, subject to the standards and regulation as set forth in subsection 31-19.8.
3. 
Hotels, subject to the standards and regulations as set forth in subsection 31-19.11.
d. 
Area, Yard and Bulk Regulations.
[Deleted by Ord. No. 60-1 § 3]
[1979 Code § 22-4.2a; Ord. No. 20-163 §§ 401—401.10]
Where a lot exists between two (2) developed lots, the minimum front yard depth may be reduced to the average front yard depth of the structures on adjacent lots, but in no case shall a front yard depth of less than fifteen (15) feet be permitted.
[1979 Code § 22-4.2b; Ord. No. 20-163 §§ 401—401.10]
Where a lot exists of less than required depth and is pocketed by developed lots and the lot was in separate ownership on or before the date of adoption of this chapter, the required minimum total side depth of both side yards may be reduced by one-half foot for each one (1) foot interval of lot width less than required width except that in no case shall only one (1) side yard be reduced to less than three (3) feet and the total side yard less than ten (10) feet and further, in no case shall the residential structure be less than eighteen (18) feet in width.
[1979 Code § 22-4.2c; Ord. No. 20-163 §§ 401—401.10]
Wherever an existing residential structure does not conform to the minimum side yard width, no new addition or alteration shall project beyond the existing side line of the building or a side yard width of five (5) feet, whichever is greater.
[1979 Code § 22-4.2d; Ord. No. 20-163 §§ 401—401.10]
Wherever a lot in the Light Industrial Zone is less than one hundred (100) feet in width one (1) side yard area width may be reduced by one (1) foot for each whole five (5) foot interval for which the lot width is less than one hundred (100) feet. If the reduction results in a side yard area width of six (6) feet or less, the owner may build the building to the property line on the sideline where there would be a side yard of less than six (6) feet.
[1979 Code § 22-4.2e; Ord. No. 20-163 §§ 401—401.10]
Wherever a lot in the Light Industrial Zone is less than one hundred (100) feet in depth, the front yard area width may be reduced by one (1) foot for each whole five (5) foot interval for which the lot depth is less than one hundred (100) feet, but that in no case shall the front yard area width be reduced to less than five (5) feet in depth.
[1979 Code § 22-4.2f; Ord. No. 20-163 §§ 401—401.10]
Wherever a side or front yard area width reduction is allowed an increased increment area of lot coverage may be allowed equal to the total front and/or yard area reduction allowed.
[1979 Code § 22-4.2g; Ord. No. 20-163 §§ 401—401.10]
The height limitations established in the Schedule of Limitations and elsewhere in this chapter shall not apply to City of Linden public buildings.
[1979 Code § 22-4.2h; Ord. No. 20-163 §§ 401—401.10]
Whenever land for the widening of a public right-of-way has been dedicated to the City as part of a subdivision approval to meet minimum street right-of-way requirements of the subdivision ordinance, the Construction Official may issue a building permit for a lot whose depth and lot area are reduced by the same dimension and area as dedicated to the City.
[1979 Code § 22-4.2i; Ord. No. 20-163 §§ 401—401.10]
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, spires, steeples, flagpoles, chimneys, smokestacks, radio and television towers, monuments, water tanks, silos or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than twenty-five (25%) percent more than the maximum height permitted in the district except water towers and radio and television towers shall have no height restrictions and except further, that all such facilities shall comply with any requirements of the Federal Aviation Agency.
[1979 Code § 22-4.2j; Ord. No. 20-163 §§ 401—401.10; Ord. No. 60-1 § 3; amended 5-21-2019 by Ord. No. 63-21]
Except as hereinafter specified in this section, every part of a required yard shall be unobstructed and open except for the following man-made structures:
a. 
Accessory buildings in a required rear or side yard in accordance with Subsection 31-4.4.
b. 
The ordinary projection of sills, parapets, cornices, eaves, leaders, cantilevers, bay/bow windows and other ornamental features, provided that said features shall not project into a required yard area more than 24 inches.
c. 
Air-conditioning equipment, permanent generators and other utility equipment placed on the ground, which may not project more than three feet into a required side or rear yard setback.
d. 
An unroofed porch or terrace projecting into a required front yard or rear yard, at the level of the first floor, provided that the area of said porch or terrace which projects into a required front or rear yard shall not exceed 150 square feet.
e. 
Fences, in accordance with Subsection 31-20.9.
f. 
Flagpoles.
[1979 Code § 22-4.3; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47; Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
Wherein certain uses exist or may be reasonably expected to exist in the future and wherein the uses possess distinguishing features and/or associate activities supplementary use standards are necessary to ensure that continued development and operation of such uses furthers the comprehensive planning objectives and therefore certain supplementary development standards are hereafter established.
a. 
When uses identified in Section 31-4.1 District Regulations identify a land use as a principal permitted use these requirements shall serve as additional requirements for said use and when a land use is identified as a conditional use, these requirements shall serve as conditional use requirements as regulated by Sections 40:55D-67, 40:55D-70 and 40:55D-76 of the Municipal Land Use Law as may be amended from time to time. Variances associated with conditional use requirements may only be granted by the Zoning Board of Adjustment.
b. 
General Provisions for Conditional Uses.
1. 
More Than Two Conditional Uses on a Lot. Whenever an application for a conditional use is made to the Board which in the opinion of the Board involves or could reasonably be anticipated to involve more than one (1) of the conditional uses as herein permitted and regulated, the Board shall apply the conditions and standards for the use and location which will result in the largest lot size, the smallest lot coverage by the building and, in total, the largest front, side, and rear yard setbacks, the largest buffer, the greatest number of parking spaces and the largest lot frontage.
2. 
Mixed Use of Conditional Use and Nonconditional Use on the Same Lot. A combination of conditional uses and other uses shall be permitted on the same lot in a particular zoning district only on the condition that:
(a) 
Both the conditional use and the other use are permitted in that district by this chapter.
(b) 
Each such use considered separately meets the requirements for the use proposed provided in this chapter for that zone.
3. 
Part Time Schools Not a Mixed Use. It is not intended that part time schools which are conducted as an adjunct or supplement to the activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, create a mixed use as defined herein for the premises on which they are conducted.
4. 
Findings of Fact for Conditional Uses. The Planning Board shall not grant an approval for a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it that support the conclusion that:
(a) 
The proposed conditional use complies with all the applicable regulations of this chapter.
(b) 
The proposed use at the specified location will not impair the general welfare of the community.
(c) 
The location and size of the conditional use and the nature and intensity of the operation will not dominate the immediate neighborhood. In determining the foregoing, consideration shall be given to the adequacy of:
(1) 
The location, nature and height of structures, walls, and fences on the site.
(2) 
The nature and extent of landscaping and screening on the site.
(3) 
The safety and convenience of vehicular and pedestrian access and circulation to and within the site.
(4) 
Anticipated volumes and destinations of traffic generated by the proposed use.
(5) 
The number of proposed principal and/or accessory uses of the property and the resulting intensity of development.
(6) 
The proposed conditional use is needed by the residents of the City of Linden and/or the State of New Jersey, for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.
(7) 
That the hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
Where a conditional use is part of a mixed use development, the conditions of the conditional use shall be applied to that portion of the development related to the conditional use.
[1979 Code § 22-4.3a; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47]
Within any district permitting garden apartment construction as defined and regulated in this chapter, no garden apartment construction shall take place unless the following minimum standards are met:
a. 
The overall density shall not exceed eighteen (18) families per acre for garden apartments from one (1) to two (2) stories and less than twenty-eight (28) feet in height; twenty-seven (27) families per acre for apartments of three (3) stories and no more than thirty-five (35) feet in height.
b. 
Each structure shall have ingress and egress from the outside by a minimum of two (2) means to either common hallways or to each dwelling unit.
c. 
The maximum floor area ratio to site area shall be for one (1) story apartment buildings: .75 and for three (3) story apartment buildings: 1.0.
d. 
The following yard areas shall be minimum distances between buildings and between buildings and property lines.
Number of Stories
Front Yard
One Side
Total of Both Side Yards
Rear Yards
Garden Apartments
1-2
20
10
20
30
High Rise Apartments
30
10 ft.*
20 ft.*
40
*Plus an additional one-half foot of yard area for each one (1) foot of building height exceeding twenty-five (25) feet.
e. 
Total building coverage shall not exceed thirty-five (35%) percent of the total land area of the site.
f. 
A minimum of twenty-five (25%) percent of the total area shall be set aside for open space.
g. 
One (1) to two (2) story apartment buildings shall not be permitted on a site of less than ten thousand (10,000) square feet in size having a minimum street frontage of one hundred (100) feet. Three (3) story apartments shall not be permitted on a site of less than twenty thousand (20,000) square feet in size having a minimum street frontage of one hundred (100) feet.
h. 
Total site coverage by buildings and all paved areas (not including sidewalks) shall not exceed sixty-five (65%) percent of total site area for one (1) and two (2) story structures and shall not exceed seventy-five (75%) percent of total site area for three (3) story structures.
[1979 Code § 22-4.3b; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47]
Automotive gasoline stations shall consist of buildings on a lot arranged or designed to be used for the retail sale of oil, gasoline or other fuel and for the conduct of other activities which may include facilities for changing tires, tubes, polishing, greasing, washing or minor repairs as defined. Each station shall maintain an operating air standard for inflating auto tires for public use. The required area for erection or expansion of an automotive gasoline station shall be twenty thousand (20,000) square feet and the required lot frontage shall be one hundred fifty (150) feet.
[1979 Code § 22-4.3b; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47]
Automotive repair stations shall include public garages where the principal use is repair, customizing, painting or reconstruction of automobile, truck and motorcycle bodies. The required area for the erection or expansion of an automotive repair station shall be forty thousand (40,000) square feet and the minimum lot frontage shall be two hundred fifty (250) feet.
a. 
No automotive gasoline station shall have an entrance or exit for vehicles within two hundred (200) feet along the same side of a street as any school, public playground, church, hospital, public building or institution, except where such property is in another block or on another street which the lot in question does not abut.
b. 
No automotive gasoline station shall be permitted where any visible appliance for any purpose (other than gasoline filling pumps or air pumps) is located within twenty (20) feet of any street line or within fifty (50) feet of any residential district. All such appliances, other than gasoline filling pumps or air pumps, shall be within a building. No below ground work areas, commonly referred to as grease pits, shall be permitted. Gasoline pumps shall be permitted within the required front yard space of service stations, but be no closer than fifteen (15) feet to the street line.
c. 
There shall be established a landscape buffer of no less than twenty-five (25) feet in width along any residential property line or zone boundary line. The buffer area shall consist of fencing, earth berm and shrubbery of sufficient size, and in no case less than six (6) feet in height to provide a visual screen to adjoining residential properties.
d. 
The total site coverage by building and pavement shall be limited to eighty-five (85%) percent of land area of the lot. There shall be a landscaped area of no less than five (5) feet in width, where the site abuts all other nonresidential zones.
e. 
The overnight parking of vehicles outside the building shall be limited to three (3) vehicles for each service bay provided within the principal structure of the site. All vehicles on the site shall have valid motor vehicle registration and license plates, provided that parked vehicles shall comply with the Fire Code of the City, and shall not hinder or obstruct access to pumps, bays and other service areas.
f. 
All repairs shall be conducted within an enclosed building.
g. 
A solid enclosed area shall be provided for the temporary storage of trash, garbage and unusable automotive parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be designed so that the trash shall not be seen from a public street or from adjoining properties.
h. 
Automotive gasoline stations and automotive repair stations shall be subject to all other requirements of the zone in which they are located.
i. 
No light standards or signs shall exceed a height of eighteen (18) feet.
j. 
The following sale, maintenance and operations are strictly prohibited:
1. 
The sale or rental of cars, trucks, trailers, boats, or any other vehicles.
2. 
The storage of cars, trucks, trailers, boats or any other vehicle not being serviced or repaired or classified as junk vehicles.
3. 
All other uses including close-out or promotional sales on the site being used by peddlers, vendors or other retail or wholesale merchants for special or seasonal use.
[1979 Code § 22-4.3c; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47]
Private residential permanent pools on residential lots shall adhere to the following standards:
a. 
All pools shall be located in rear yards only.
b. 
Pools shall occupy no more than twenty-five (25%) percent of the rear yard area or a maximum of eight hundred (800) square feet as measured along the surface of the water, whichever is smaller.
c. 
No edge of any pool or paved patio area, deck or other improvement integral to the function and construction of the pool shall be located closer to any building or any lot line than five (5) feet.
d. 
The rear yard area, or portion of the rear yard area wherein the pool is located, shall be completely enclosed with fencing no less than four (4) feet in height nor more than eight (8) feet in height in order to deny accidental access to the pool.
e. 
The pool may be lighted by both underwater or exterior lights provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. All freestanding standards used for exterior lighting shall not exceed twelve (12) feet in height and shall be no closer than nine (9) feet to the edge of the pool. Underwater lighting shall be in compliance with the applicable National Electrical Code.
[1979 Code § 22-4.3d; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47]
Public swimming pools or club pools intended for open use of the public or to club members shall adhere to the following standards:
a. 
The pools shall be located within a lot area of a minimum of three-fourths (3/4) acre.
b. 
The pool shall occupy no more than twenty (20%) percent of the lot area. The area shall include total water surface including separate wading pools, swimming tanks and diving tanks.
c. 
No edge of any pool or separate swimming tank shall be closer to any building or any property line than twenty (20) feet.
d. 
The entire property of the public or club pool shall be enclosed with a fence no less than eight (8) feet in height nor greater than ten (10) feet in height in order to deny accidental access to the pool.
e. 
The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All freestanding standards used for exterior lighting shall not exceed twenty-five (25) feet in height and shall be no closer than twenty-five (25) feet to the edge of any pool. Underwater lighting shall be in compliance with the applicable National Electrical Code.
f. 
All pools shall be constructed below the surface of the ground.
g. 
All boundaries of the property which lie closer to any residential building than fifty (50) feet shall be landscaped with dense trees and bushes to provide adequate buffers against light and sound.
h. 
All loudspeakers or public address systems shall be located and directed so that speakers are not directly aimed at any adjacent residential buildings.
[1979 Code § 22-4.3e; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47]
Pools included as a part of the overall development in an apartment development, whether open to the public or used as a private facility for the residents or paying guests, shall adhere to the following standards:
a. 
Pools shall be located within an area no less than four thousand (4,000) square feet that is devoted to the use of the pool.
b. 
The total area of the surface of the water including separate wading pools, swimming tanks and diving tanks shall be no more than thirty (30%) percent of the land area devoted to the use of the pool.
c. 
No edge of any pool or separate swimming tanks shall be closer to any building or property line than twenty (20) feet.
d. 
The total land devoted to the use of the pool shall be enclosed with a fence no less than eight (8) feet in height nor more than ten (10) feet in height in order to deny accidental access to the pool.
e. 
The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. Underwater lighting shall be in compliance with the applicable National Electrical Code.
f. 
All pools shall be constructed below the surface of the ground.
g. 
If any portion of the pool, part of the land devoted to the use of the pool, light standards or loudspeakers are located closer to any residential building or property line than thirty (30) feet, adequate dense buffers to trees and shrubs shall be provided.
[1979 Code § 22-4.3f; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47]
a. 
Required distance between storage tanks except water tanks, and a residential property line. An above- ground storage tank having a capacity of one thousand (1,000) or more gallons or height of ten (10) or more feet shall not be located nearer than two hundred seventy-five (275) feet from a residential property line and further, no refined Class 1 petroleum products as defined in the Fire Prevention Code of the City with a flashpoint under one hundred (100°) degrees Fahrenheit shall be stored in above-ground storage tanks having a capacity of one thousand (1,000) or more gallons and/or a height of ten (10) or more feet closer than five hundred (500) feet from a residential property line.
b. 
A belt of landscaping of fifteen (15) feet in depth shall be established along and contiguous to the boundary of any storage tank yard and the residential zone line. The belt of landscaping shall consist of one (1) tree of a minimum of one and one-half (1 1/2) inch calibre at planting for each five (5) foot length of buffer strip required. Further, a continuous privet hedge or equivalent of two (2) feet high at the time of planting shall be installed along the entire length of the buffer strip. The Planning Board may waive a portion of all required plantings if by reason of topography, man-made features or existing tree growth, the Planning Board determines that adequate screening exists.
c. 
A plan for the development of new tank storage facilities shall be submitted to the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency where applicable prior to site plan submission. No site plan application shall be submitted until both State and Federal agency approvals are received.
d. 
Wherein new storage tanks are proposed either as the use of a new parcel or as a use expansion of an existing tank farm site an earth berm or fire resistant wall shall be erected along the entire length of the site abutting a residential zone boundary line.
e. 
Where any new storage tanks are proposed, diked areas shall be required in accordance with the following:
1. 
Except as provided in paragraph 2 below, the volumetric capacity of the diked area shall not be less than the greatest amount of liquid that can be released from the largest tank within the diked area, assuming a full tank. The capacity of the diked areas enclosing more than one (1) tank shall be calculated by deducting the volume of the tanks other than the largest tank below the height of the dike.
2. 
For a tank or group of tanks with fixed roofs containing crude petroleum with boil-over characteristics, the volumetric capacity of the diked area shall not be less than the tank or tanks served by the enclosure, assuming full tanks. The capacity of the diked area enclosing more than one (1) tank shall be calculated by deducting the volume of tank below the height of the dike.
3. 
Each individual above ground storage tank having a capacity of one thousand (1,000) or more gallons or a height of ten (10) or more feet located within a common diked area shall be separated one from the other with the common diked area by intermediate dikes of a height as recommended by the Bureau of Fire Prevention.
[1979 Code § 22-4.3g; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47; Ord. No. 60-1 § 3]
The required lot area, yards and building bulk limitations for the above use shall be as follows:
a. 
Minimum lot size—thirty thousand (30,000) square feet.
b. 
Minimum lot width—one hundred fifty (150) feet.
c. 
Minimum lot depth—two hundred (200) feet.
d. 
Minimum required yard width for a principal building front yard—twenty-five (25) feet.
e. 
Accessory building, one (1) side yard—twelve (12) feet; both side yards; twenty-four (24) feet.
f. 
Rear yard—twenty-five (25) feet.
g. 
Maximum building height—one (1) store or eighteen (18) feet, whichever the lesser.
h. 
Maximum percent lot coverage by buildings—fifteen (15%) percent.
i. 
Maximum percent lot coverage of all improvements (building and all paved areas)—ninety (90%) percent.
j. 
Minimum habitable floor area—two thousand five hundred (2,500) square feet.
k. 
Transition requirements—Where a drive-in restaurant or fast food restaurant is proposed to abut a residential zone, a buffer area of a minimum of fifteen (15) feet in width shall be established along the common lot line of the adjoining residential use or residential zone, whichever the case. The buffer area shall be landscaped with deciduous and coniferous trees to provide a year-round visual screen from the drive-in restaurant or fast food restaurant site to adjoining property. Tree plantings shall be a minimum of four (4) feet in height.
l. 
Drive-through lanes must be separated from parking areas and circulation aisles with a 3 to 5-foot landscaped island which is located and designed in a manner that provides safe ingress and egress to and from the drive-through.
[Ord. No. 60-1 § 3]
Within the ROC and C-2 (40) Districts permitting apartments on upper floors, the following minimum standards are required:
a. 
There shall be a minimum lot size of 6,000 square feet.
b. 
The maximum lot coverage percentage shall be 35%.
c. 
A maximum of 4 apartments per building shall be permitted.
d. 
No more than one principal building per lot shall be permitted.
e. 
The minimum side yard shall be 10 feet.
f. 
All other development regulations of this district shall apply.
[1]
Editor's Note: Former subsection 31-19.9, Planned Office and Commercial Park Development (POC) containing 1979 Code § 24-4.3h and Ordinance Nos. 20-163, 25-7, 25-24, 25-35 and 29-47 was deleted in entirety and replaced by Apartments in the ROC and C-2 Districts by Ordinance No. 60-1.
[Ord. No. 57-37; Ord. No. 58-31; Ord. No. 58-59]
Convenience food stores with gasoline sales shall adhere to the following standards:
a. 
The minimum lot size shall be 60,000 square feet.
b. 
The lot shall have a minimum of 250 feet of frontage along Route 1/9.
c. 
Any overhead canopy serving the gas fueling positions shall be set back a minimum of 40 feet from a public right-of-way.
d. 
The maximum impervious coverage shall be 85%.
e. 
The maximum height shall be 40 feet for principal buildings and 30 feet for the canopy.
f. 
An average 10-foot landscaped buffer shall be provided along any residential zone boundary line, however in no event shall said buffer area be less than 5 feet at any such location.
g. 
The minimum parking to be provided shall be one space for every 150 square feet of floor area of the convenience store building and one space for every four fueling positions.
h. 
No auto repair or service, other than gasoline sales, shall be permitted.
i. 
No tractor trailer diesel fuel sales shall be permitted.
j. 
Canopies shall have a pitched roof with a change in elevation of at least five feet from the bottom to the top most point of the roofline.
[Ord. No. 58-37; Ord. No. 58-31; Ord. No. 58-59; Ord. No. 61-47; Ord. No. 61-53]
Hotels and motels shall adhere to the following standards:
a. 
The minimum lot size shall be 60,000 square feet.
b. 
The lot shall have a minimum of 250 feet of frontage along Route l/9.
c. 
The maximum impervious coverage shall be 80%.
d. 
The maximum building height shall be 50 feet.
e. 
A minimum 15 foot landscaped buffer shall be provided along any residential zone boundary line.
f. 
The minimum parking to be provided shall be one space per room.
[Ord. No. 60-1 § 3]
The construction of a car wash shall not take place unless the following minimum standards are met:
a. 
A minimum lot size of 20,000 sq. ft. is required.
b. 
A maximum lot coverage of 25% is permitted.
[Ord. No. 60-1 § 3]
The construction of an automobile and truck dealership shall not take place unless the following minimum standards are met:
a. 
Automotive and/or truck repair shall not be permitted.
b. 
No vehicle shall be parked, displayed or stored less than 5 feet from the front lot line.
c. 
The maximum lot coverage shall be 35%.
d. 
Truck dealerships shall only be permitted on Route 1/9.
[Ord. No. 60-1 § 3]
a. 
Any occupation or activity carried out for gain by a resident shall be conducted entirely within the dwelling unit and shall be clearly incidental to the use of the structure as a dwelling. No accessory structures or areas outside the principal structure shall be used for or in connection with the home occupation.
b. 
There shall be no change in the appearance of the dwelling or premises, or any visible evidence of the conduct of a home occupation.
c. 
There shall be no storage of equipment, vehicles or supplies associated with the home occupation outside the dwelling.
d. 
There shall be no display of products visible in any manner from outside the dwelling, nor shall any advertising display or identification signs be permitted.
e. 
No persons outside of the residents who occupy the dwelling shall be permitted to work on the premises.
f. 
The home occupation shall not involve the use of commercial vehicles or delivery service for delivery of materials to or from the premises or create more traffic than is customary for a residence of the type permitted in the zone.
g. 
No customer, clients, colleagues or members of the public shall visit the home in connection with the home occupation carried on within the dwelling.
h. 
Commercial newspaper, radio or television services or other forms of advertising shall not be used to advertise the location of the home occupation to the public.
i. 
No equipment or process shall be used in a home occupation other than is customarily used for domestic and household purposes and no equipment shall be used or process conducted which creates, noise, vibration, glare, fumes or odors detectable to the normal senses at the property boundary lines of the premises or within other dwelling units in the same building.
[Ord. No. 60-1 § 3]
The construction of a club or lodge shall not take place unless the following minimum standards are met:
a. 
Any such club or lodge shall have a minimum of a 200 foot radius from a religious use or public school.
b. 
A minimum lot area of 5,000 sq. ft. is required.
[Ord. No. 60-1 § 3]
The construction or alteration of a public utility shall not take place unless the following minimum standards are met:
a. 
The utility service provider shall provide evidence demonstrating that the proposed utility cannot be located in one of the City's industrial districts.
b. 
The utility service provider shall provide an environmental impact statement.
c. 
The proposed utility shall not cause or contribute to the release of stray electric current or voltage, or static charge, or cause or contribute to the mobilization of toxic or hazardous substances, or contamination of ground or surface waters, result in a noxious fumes or hazardous materials on a City public or private roadway, or municipal or private property located in the City.
[Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
The construction or alteration of an institutional use identified above shall not take place unless the following minimum standards are met:
a. 
Public and Private Schools. Public schools covering any or all grades pre-kindergarten through grade 12 and full-time private schools covering any or all grades pre-kindergarten through grade 12 that are operated by charitable, religious or eleemosynary organizations to satisfy State mandated educational requirements, where permitted as a conditional use provided said conditional use shall meet all of the following requirements:
1. 
Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Board, the following:
(a) 
The organization is or will be a bonafide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.
(b) 
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(c) 
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1) 
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside a building or structure. Such activities shall only be permitted outside of a building or structure under the authority of a special license granted by the City Council of the City of Linden, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
(2) 
The sale of items, products or materials required for the educational programs or welfare of the students, or accessory to and having a relation to the activities conducted on the premises, such as, but not limited to, books, art materials and school supplies, or tickets for student activities, or other school related events, or food for school lunches, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.
2. 
Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet and the lot or site shall have a minimum street frontage of two hundred twenty-five (225) feet.
3. 
Impervious Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed forty (40%) percent of the total area of the lot.
4. 
Setbacks. Any building or structure shall be set back from the front street line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.
Any building or structure shall be set back from the side property lines a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.
Any building or structure shall be set back from the rear property line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or fifty (50) feet, whichever is greater.
5. 
Buffers. Buffers shall be provided in accordance with Section 31-22.
6. 
Exclusions. This subsection is not intended to apply to part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education, or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches, or places of worship, or chartered membership organizations which are operated on a full time basis, which offer general academic instruction or training in a skill, trade or vocation, and which are intended to fulfill State mandated educational requirements.
b. 
Federal, State and County Buildings. Federal, State and County buildings and uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:
1. 
Proof of Need. Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.
2. 
Building Design. The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.
3. 
Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.
4. 
Site Requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, or other improvements, does not exceed fifty (50%) percent of the total area. Parking space shall not be located within the front yard area, not within twenty-five (25) feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, the view of the parking area from a public street.
5. 
Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.
Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.
Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet whichever is greater.
6. 
Buffers. Buffers shall be provided in accordance with Section 31-22.
c. 
Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:
1. 
Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
(a) 
The organization is or will be a bona fide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.
(b) 
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(c) 
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1) 
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the City Council of the City of Linden, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee; and,
(2) 
(Reserved)
(3) 
Sale of religious articles, or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
2. 
Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of seventy-five thousand (75,000) square feet, and shall have a minimum street frontage of two hundred twenty-five (225) feet.
3. 
Impervious Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements, shall not exceed fifty (50%) percent of the total lot area.
4. 
Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet, whichever is greater.
5. 
Buffers. Buffers shall be provided in accordance with Section 31-22.
6. 
Exclusion. It is not intended that part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, be classified as a mixed use as defined herein for the premises on which they are conducted.
[1979 Code § 22-5; Ord. No. 20-163 §§ 500-501; Ord. No. 22-70 § 1; Ord. No. 29-47 §§ II, V]
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt, nor shall any land be designed, used, excavated or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth by the Schedule of Limitations appended hereto and constituting a part of this chapter. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated in this chapter and for the zone in which such building or space is located. In the event of any 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 for such building shall thereupon become null and void.
[1979 Code § 22-5.1; Ord. No. 20-163 §§ 502—502.4]
a. 
No yard, or part thereof, or any other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
b. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein.
c. 
In the case of irregularly shaped lots and lots existing or proposed to front a curved street or end of a street, the minimum frontage requirements as specified in this chapter shall be measured at the rear line of the required front yard area provided that in no case shall the frontage at the street line distance between side lot lines be reduced to less than fifty (50%) percent of the minimum frontage requirements.
d. 
No side or rear yard areas shall be required between lot lines corresponding to railroad right-of-way boundary lines except as considered necessary by the Planning Board to ensure the health, safety and welfare of site occupants.
[1979 Code § 22-5.2; Ord. No. 20-163 §§ 503—503.3]
a. 
There shall be no more than one (1) single family or two (2) family residential principal building erected on any lot.
b. 
All principal buildings and required front yard areas must face on a dedicated public street, or on a private street or access driveway approved by the Planning Board.
c. 
Exterior alterations which substantially change the character and nature of a building for the purpose of changing the use of the building from residential use shall not be permitted in any residential district.
[1979 Code § 22-5.3; Ord. No. 20-163 §§ 504—504.9; Ord. No. 29-47 § VI; Ord. No. 30-15 § 1]
a. 
No accessory building permitted by this chapter shall be placed in any required front yard area.
b. 
The aggregate ground area covered by accessory buildings in any required rear yard shall not exceed twenty-five (25%) percent of the required rear yard area within any zone.
c. 
An accessory building attached to the principal building shall comply in all respects with the requirements of this chapter applicable to the principal building.
d. 
No accessory building within any residential zone shall exceed fifteen (15) feet in height.
e. 
No accessory building erected in a required yard area on any lot within any zone shall be used for residential dwelling or rooming unit purposes but not including security buildings and night watchman facilities.
f. 
On through lots, no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on that part of the street which the yard abuts.
g. 
No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or take place at the same time with the construction of the accessory building, the Building Subcode Official shall have cause to revoke the building permit for the accessory building.
h. 
Distance from Adjacent Buildings and Property Lines. The minimum distance of any portion of the accessory building from an adjacent building side or rear yard property line shall be three (3) feet.
i. 
No private garage may be erected as part of a dwelling unless the garage floor elevation shall be at least twelve (12) inches above the level of the curb or above the ground level.
j. 
Storage of boats and trailers or recreational vehicles must be placed in rear yard and enclosed by fencing or shrubbery.
k. 
An accessory building for the keeping of pigeons is permitted in all zones providing the same are kept within an enclosure distant at least twenty (20) feet from each property line except properties having a width of less than fifty (50) feet, the distance shall be at least fifteen (15) feet from such property line, and further providing the same are not kept for commercial purposes and are maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other conditions constituting a nuisance as determined by the City Health Officer.
[1979 Code § 22-5.4; Ord. No. 20-163 §§ 505—505.5]
a. 
On any through lot, the front yard shall be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined building frontage established, the owner shall, when applying for a building permit, specify which lot line shall be considered the front lot line.
b. 
All front yards must face on a dedicated public street or on a private street approved by the Planning Board.
c. 
Where a building lot has frontage upon a street which on the master plan or official map of the City is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
d. 
Where an existing lot has an assigned street mailing address, any and all future subdivisions of that lot shall be required to locate the front lot line of all new lots created by subdivision on the same street as indicated in the official mailing address of the original parcel.
e. 
Wherein an existing lot is a corner lot as defined in this chapter, any future subdivision of that parcel of land shall be required to front new lots created by subdivision on the shorter street frontages bounding the limits of the City block in which the subject parcel is located.
[1979 Code § 22-5.5; Ord. No. 20-163 § 506]
Where a lot is formed as part of another lot, and occupied by a building, such division shall be affected in such a manner as not to impair any of the requirements of this chapter with respect to the existing buildings or yards and open spaces in connection therewith.
[1979 Code § 22-5.6; Ord. No. 20-163 § 507]
Regardless of whether the City is acting in or pursuant to the performance of a governmental function carrying out a legislative mandate or in the exercise of its private right as a corporate body, any municipality owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any class of zone; it being the intention that whatever the City may be authorized to do, shall constitute a function of government and that whenever the City shall act pursuant to granted authority, it acts as government and not as a private entrepreneur. Further, the City shall submit development plans to the Planning Board but shall not pay to itself application fees.
[1979 Code § 22-5.7; Ord. No. 20-163 § 508]
All principal buildings in all districts shall be clearly identified as to house number or street number by means of a small, unobstructed sign clearly visible and legible from the main abutting street.
[1979 Code § 22-5.8; Ord. No. 20-163 § 509]
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof, for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within sixty (60) days of enactment of this chapter and shall be diligently pursued to completion.
[1979 Code § 22-5.9; Ord. No. 20-163 §§ 510—501.3; Ord. No. 22-19 § 1; Ord. No. 24-56 § 1]
a. 
In any district except the H-I Zone, on any corner lot, no fence, sign or structure, planting or other obstruction to vision shall be erected or maintained above three (3) feet in height as measured from the top of the curb along or within street right-of-way lines within twenty-five (25) feet of any street intersection.
b. 
On any interior lot in any residential district, no wall or fence shall be erected or altered so that the wall or fence shall be over six (6) feet in height except for swimming pools as specified in subsections 31-17.3, 31-17.4 and 31-17.5. The wall or fences shall be split rail or slotted chain link or equivalent, but in no case shall the fence be less than fifty (50%) percent open, except as specified in paragraph d. All permitted fences shall be situated on a lot in such manner that the finished side of such fence shall face adjacent properties.
c. 
No fence around residential property shall be erected of barbed wire, topped with metal spikes, constructed of any material or in any manner which may be dangerous to persons or animals.
d. 
Privacy Fences. Privacy fences may be erected within the following locations;
1. 
Rear yard areas only may be enclosed with fencing not to exceed six (6) feet in height.
2. 
Side yard areas only may be enclosed with fencing not to exceed six (6) feet in height.
3. 
No privacy fence shall be erected beyond the required front yard setback line for the district in which it is located. Any fence erected between the required front yard setback and the street line shall not exceed four (4) feet in height and in no case be less than fifty (50%) percent open.
[1979 Code § 22-5.10; Ord. No. 20-163 § 511]
Nothing herein provided shall be so construed as to prohibit the owners of lands within any area threatened by flood or tidal waters from lawfully filling, draining, constructing levies and bulkheads, or otherwise improving their land with clear fill so as to adequately protect improvements against the danger of flood or the erosion of soil so long as it is done in compliance with any Federal, State, County or local regulations governing tidal waters and drainage rights-of-way, and in accordance with Chapter 26 of these Revised Ordinances.
[1979 Code § 22-5.11; Ord. No. 20-163 § 512]
Private homes, businesses and industries established along navigable waters shall be permitted to construct piers or bulkheads for the purpose of docking boats and filling land so long as they do not interfere with the navigation of craft within the channel into which they abut, and provided further that the piers or bulkheads shall have the necessary approval of the New Jersey Bureau of Navigation and any other agency having jurisdiction thereof.
[1979 Code § 22-5.12; Ord. No. 20-163 § 513]
The disposal of garbage or trash, where permitted, shall be by means of incinerator or sanitary landfill only and shall be operated only with the approval of the City in accordance with all standards and specifications set forth by the New Jersey State Department of Health. Such disposal operation shall be at least one thousand (1,000) feet from any lot in any residential or commercial district. Open dumps and the open burning of refuse shall not be permitted in any district.
[1979 Code § 22-5.13; Ord. No. 20-163 § 514]
All lots shall be filled with top soil or clean fill to allow complete surface draining of the lot into local storm sewer systems. No construction shall be permitted upon a lot that retains puddles or pools of stagnant water. No building shall be constructed below the level of the flood hazard elevation as established in Chapter 26 of these Revised Ordinances.
[1979 Code § 22-5.14; Ord. No. 20-163 § 515]
Prior to issuance of a building permit for any use other than a single family, two (2) family or accessory structure to any use, a site plan shall be submitted in accordance with Chapter 29 of these Revised Ordinances.
[1979 Code § 22-5.15; Ord. No. 20-163 § 516]
No person shall occupy or let to another for occupancy any dwelling unit, hotel room, motel room or apartment for the purpose of living therein, which does not comply with the Sanitary Code and Housing Code of the City.
[1979 Code § 22-5.16; Ord. No. 20-163 § 517]
Public utilities may be located in any zone as a conditional use where such uses are not specifically permitted by this chapter. However, before a building permit or Certificate of Occupancy shall be issued, application shall be made in accordance with law, which after public hearing and review of such considerations as traffic, lot size, yard areas, parking spaces, use of the building related to the immediate neighborhood, buffer areas and the number of employees or users of the property, may authorize the issuance of such permit if in the judgment of the Board it will not be detrimental to the health, safety and general welfare of the City and is reasonably necessary for the convenience of the City.
[1979 Code § 22-5.17; Ord. No. 20-163 § 518; Ord. No. 21-37 § 1]
No junk yards or premises used for storage of junked motor vehicles incapable of normal operation shall be permitted within the City. It shall be deemed prima-facie evidence of violation of this chapter, if more than one (1) motor vehicle in a residential zone and more than two (2) motor vehicles in a nonresidential zone incapable of operation are located at any one time upon any premises not within a closed and roofed building excepting, however, that a number of not exceeding five (5) motor vehicles may be located upon any service station or garage premises outside of a closed or roofed building, for a period of time not to exceed forty-eight (48) hours and providing that the motor vehicles are awaiting repair by the owners thereof. Cars without valid registration shall be considered junk cars and in violation of this chapter, excluding motor vehicles stored, unclaimed or abandoned at a garage owner's premises and that have been towed to the premises by orders or requests of the Linden Police Department, another governmental agency or authority which was involved in an accident, abandoned, stolen or similar reasons shall be exempt from the above provision for a period of thirty (30) days of such time necessary for disposition as required by law.[1]
[1]
Editor's Note: Wherever the words "motor vehicle" appear, this shall also include "trailers."
[1979 Code § 22-5.18; Ord. No. 20-163 § 519]
Whenever any provisions of this chapter and any other provision of law, whether set forth in this chapter or in any other law, ordinance or resolution of any kind, impose overlapping or contradictory regulations over the use of land, or over the use of bulk buildings or other structures, or contain no restrictions covering any of the same subject matter, that provision which is more restrictive or which imposes higher standards or requirements shall govern.
[1979 Code § 22-5.19; Ord. No. 20-163 §§ 520—520.2; Ord. No. 29-47 § VII]
a. 
Off-street parking space shall be provided as specified in Section 31-27 of this chapter, except that no more than thirty-five (35%) percent of the required front yard area in any residential zone shall be paved for use as a driveway or off-street parking.
b. 
No access driveway or private street that is accessory to a business or industrial use shall be established in any residential zone.
[1979 Code § 22-5.20; Ord. No. 20-163 §§ 521—521.1]
a. 
No soil, material or similar materials may be removed from any lot except that which is purely incidental to the construction of building or structure for that which a building permit has been issued, and further, no soil may be stockpiled on a lot except which is purely incidental or construction at the lot.
[1979 Code § 22-5.21; Ord. No. 20-163 § 522]
Signs shall be permitted in all zoning districts subject to the standards and conditions as specified in Section 31-25 of this chapter.
[1979 Code § 22-5.22; Ord. No. 20-163 § 523]
Where the owner of a lot of substandard size owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot for purposes of this chapter and the area and yard space provisions of this chapter shall be applied to the property boundaries of the total parcel or groupings of lots which form conforming lot sizes.
[1979 Code § 22-5.23; Ord. No. 20-163 § 524]
At the intersection of two (2) or more streets (except in the C-1 District) no hedge, solid fence or wall shall be permitted to be higher than three (3) feet above the curb level in the triangular area formed by the intersecting street lines and a line drawn joining points on the street, each twenty-five (25) feet distance from the point of intersection of the street lines. In the C-1 District, the same above mentioned three (3) feet height shall apply except that measurement of the sight triangle shall be at the distance of seven (7) feet from the point of street line intersection.
[1979 Code § 22-5.24; Ord. No. 20-163 § 525]
If two (2) or more lots or combinations of lots with continuous frontage in single ownership are of record at date of adoption of this chapter, and if all or parts of the lands do not meet the requirements of this chapter, the lands involved shall be considered undivided and no subdivision sale shall be made of lands that do not meet the requirements of this chapter.
[1979 Code § 22-5.25; Ord. No. 20-163 § 526; Ord. No. 27-4 § 1; Ord. No. 48-21 § 1; Ord. No. 55-08; amended 4-16-2019 by Ord. No. 63-16]
a. 
All uses not expressly permitted in this chapter are prohibited. Any proposal for a use not specifically permitted by this chapter and after being refused a building permit must be submitted to the Planning Board together with a complete copy of the application to the Board of Adjustment for review and the recommendation of standards, where they may be needed, prior to application to the Board of Adjustment for permission to establish such use in accordance with N.J.S.A. 40:55-70d. It shall also be the duty of the Planning Board to offer an opinion as to whether such proposed new use is compatible with the uses specifically listed in the Schedule of Limitations for the district in which it is to be established and whether permission to establish such new use will not seriously impair the intent of the zoning regulations and of the Master Plan.
b. 
"Hazardous waste facility," as defined in N.J.A.C. 7:26-1.4, shall not be a permissible activity or use, either principal or accessory, in any zoning district established pursuant to this chapter.
c. 
Any lawfully existing hazardous waste facility, use or activity, holding a valid operating permit or license and operating in conformance therewith, which engages in the processing, treatment, or disposal of on-site-generated hazardous wastes, as defined in N.J.A.C. 7:26-1.4, may continue within the zone in which it is located, subject to the provisions of § 31-36 and other provisions of applicable laws, local, state and federal. Nothing herein shall preclude changes in or additions to existing facilities engaged in the treatment, storage or disposal of hazardous waste, provided the facilities are lawfully approved and operating, if required by applicable state or federal law, administrative orders, or in order to protect public health and safety.
d. 
The use of truck bodies and shipping containers for the purpose of storage shall be prohibited in all zones.
1. 
Exception. A maximum of one shipping container may be allowed in the H-I and the L-I Zones only after the location and duration of time is approved by the Planning Board.
e. 
Hookah bars or lounges.
1. 
"Hookah bars or lounges" are herein defined as a place of business where the customers have use of communal or individual hookahs, pipes or any other device for burning material for the purpose of smoking, where customers can share pipefuls of tobacco, herbs, dried fruits, combinations of same, or any other materials to smoke.
2. 
Hookah bars/lounges shall be prohibited in all zones in the City of Linden.
f. 
The operation of retail marijuana stores or retail sales of marijuana.
[Ord. No. 57-04; Ord. No. 57-19; Ord. No. 58-80]
a. 
Purpose. The City of Linden has determined that it is necessary to regulate the placement of clothing bins to ensure that the placement and use of such bins promote the public welfare of the community. In the past, clothing donation bins of questionable origin and purpose have been proliferating throughout the City of Linden, some of which appear to be associated with for-profit entities. Furthermore, clothing donation bins have been placed on private and municipally owned properties without authorization of the respective property owners and many clothing donation bins are not regularly collected, overflow and become depositories for discarded items or other uncollected refuse.
b. 
Definitions.
1. 
CLOTHING DONATION BIN -- Shall mean any receptacle or container no larger than six (6) feet in width by six (6) feet in height made of metal, steel, or any other similar noncombustible material designed or intended for the collection and temporary storage of donated clothing or other materials, but excluding wood, cardboard, and similar materials.
c. 
Minor Site Plan Approval and Permit Required. Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a clothing donation bin, within the City of Linden, for solicitation purposes, unless:
1. 
They have obtained minor site plan approval and a permit issued by the City Clerk.
d. 
General Requirements.
1. 
Clothing Donation Bins. Clothing donation bins may be placed on City-owned property, on nonresidential property in the C-1A, ED and the C-2 (100) districts, subject to the following conditions:
(a) 
Minimum lot area: 3 acres.
(b) 
Donation bins shall be devoted for nonprofit purposes.
(c) 
Clothing bins shall be located a minimum of 100 yards from any place that stores large amounts of, or sells, fuel or other flammable liquid or gases.
(d) 
Except on City owned property, a maximum of two (2) used clothing bins, placed in a manner that they abut on another, are permitted.
(e) 
The bin(s) shall be appropriately located so as not to interfere with circulation sight triangles, on-site circulation and existing landscaping.
(f) 
All clothing bins must be located in such a manner that they do not reduce the number of parking spaces required for the property below the minimum number of parking spaces required either by application of the parking requirements under the Zoning Ordinance, by a previously granted variance, by developer's agreement, or otherwise.
(g) 
The licensee shall arrange for the pickup and emptying of the contents of all bins permitted herein at least once per week so that it does not overflow, resulting in used clothing being strewn about the surrounding area.
(h) 
The bin(s) shall be accessory to an existing nonresidential use. The placement of clothing bins shall be such that they meet the minimum setback requirements for all accessory structures within the zone in which they are being placed, and otherwise meet all other zoning requirements for accessory structures within the zone in which they are being placed. All such clothing bins are encouraged to be painted in earth tone colors of gray, black, green and brown so as to be unobtrusive to the neighborhood.
(i) 
There may be no more than three (3) lots within any one (1) zone upon which clothing bins may be placed, and clothing bins may not be placed upon any lot within one thousand (1,000) feet of a lot upon which one (1) or more clothing bins exist.
(j) 
The City Clerk or his designee shall refer each application to the Zoning Officer, which shall be responsible to confirm compliance with this ordinance by each owner of a clothing bin.
(k) 
Clothing donation bins shall comply with Section 3-18 of the City's Police Regulations.
[Ord. No. 53-20 § 1]
a. 
Under no circumstances shall any boat exceeding twenty (20) feet in length be parked, stored, or placed in or upon any residential property within the City of Linden.
b. 
Any boat less than twenty (20) feet in length shall be parked, stored, or placed in the back yard or side yard of any residential property within the City of Linden.
c. 
In the event there is no back yard or side yard or if same are insufficient to permit storage of a boat less than twenty (20) feet in length, same may be parked, stored, or otherwise placed in a residential driveway subject to the following:
1. 
Boats or trailers must be placed behind the front setback line and not encroach in any existing City right-of-way.
2. 
This section shall also be applicable to skidoos, jet skis, wave runners, and popup tents.
3. 
Mobile self-propelled trailers may only be placed, parked or stored in rear yards pursuant to subsection 31-20.3 (Accessory Buildings).
[Ord. No. 60-1 § 3]
a. 
Within any zone, other than permitted uses in a residential zone, in which the lot(s) submitted for plat approval abut a residential zone, the following buffer area and landscaping requirements shall apply.
1. 
A strip of land ten (10%) percent of the average width of the property when a nonresidential use abuts a residential zone on the side, and/or ten (10%) percent of the average depth of the property when a nonresidential use abuts a residential zone at the rear, shall be designated as a buffer area and so indicated on the plat. Buffer areas shall be contiguous with residential property lines and shall be of uniform width. In no case shall the width of the buffer be required to exceed fifty (50%) feet. If the buffer is less than ten (10) feet wide, the applicant may be required to erect a six (6) foot high stockade fence within the buffer area parallel to the lot line of the abutting residential lot and set back a distance appropriate for the landscaping treatment in the buffer area. Where more restrictive standards are set forth in specific zoning districts, they shall apply.
2. 
A solid and continuous landscaped screen shall be planted and maintained to conceal the parking and loading areas, and eliminate the glare of vehicle lights throughout the year from the abutting residential areas. In addition, adequate plantings including deciduous trees shall be utilized to soften the appearance of the building as viewed from adjoining residential lots. The parking lot and loading area screen shall consist of evergreen trees, such as hemlock, Douglas fir, or Norway spruce. Trees shall be planted in a zigzag pattern and not more than seven (7) feet apart, except where otherwise authorized by the approving authority. Evergreen trees shall not be less than six (6) feet high when planted and the lowest branches shall not be more than 1 foot above the ground. In the event the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
3. 
The shade trees, such as sugar maples, scarlet oaks, pin oaks, willow oaks, Norway maples, sweet gum or ash, shall be planted by the applicant at a distance of not more than forty (40) feet from each other.
4. 
The height of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area. Where the landscaped screen is lower than the elevation of the parking or loading area either the required height of the screen shall be increased equal to the difference in elevation or the parking or loading area shall be moved to allow the plantings to be located in an area with a similar elevation as the parking or loading area.
5. 
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscape screen.
6. 
All proposed landscaping screens and planting under this subsection shall be referred by the approving authority to the City Planner for recommendations. In the event the City Planner finds that further planting of evergreen will not grow satisfactorily in said buffer areas, stockade fences six (6) feet in height shall be erected in the buffer area as provided. No applicant shall be required to erect more than one six (6) foot high stockade fence in any one buffer area.
7. 
Under exceptional circumstances, the approving authority shall have the power to waive any of the requirements or details specified above if they determine an adequate buffer can be provided in less than ten (10) feet while maintaining the purposes of this section. The approving authority when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of N.J.S.A. 40:55D-51, and to these ends shall consider the location of buildings, parking areas, outdoor illumination and other features of the topography of the area and existing features such as trees; streams; the efficiency, adequacy, and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; the adequacy and location of screening and parking areas; structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
[1979 Code § 22-6.1; Ord. No. 20-163 § 601]
It shall be unlawful for any person to erect or alter any sign or other advertising structure as defined in this chapter without first obtaining a permit except for signs exempted hereinafter.
[1979 Code § 22-6.2; Ord. No. 20-163 § 602—602.7; Ord. No. 48-16, § 1]
The following signs are declared exempt from the requirements of this chapter:
a. 
Professional signs indicating the name and profession of the occupant of a dwelling, provided such signs do not exceed two (2) square feet on any one (1) side.
b. 
Residential name plate signs situated within the property lines and not exceeding seventy-two (72) inches on any one (1) side.
c. 
Temporary signs inside windows or commercial establishments not covering more than twenty-five (25%) percent of the window area.
d. 
Any signs forbidding trespassing, hunting, fishing or trapping as authorized by the Fish and Game Laws.
e. 
Temporary signs indicating a political preference or a political cause provided such signs do not exceed twelve (12) square feet in area on any one (1) side. Notwithstanding any provision hereof, in no event shall any temporary sign indicating a political preference be posted, placed or affixed to any telephone or utility pole. Additionally, no such signs shall be posted, placed or affixed to any private property without the express permission of the owner thereof.
f. 
Temporary charitable signs providing such signs do not exceed sixteen (16) square feet on any one (1) side.
g. 
Temporary real estate "for sale" and "sold" signs provided:
1. 
No sign in a residential district shall exceed four (4) square feet in surface area on any one (1) side, is unlighted, and no more than one (1) sign shall be permitted for each one hundred (100) feet of lot frontage or fraction thereof.
2. 
No sign shall exceed sixteen (16) square feet on any one (1) side in a nonresidential district.
3. 
No sign shall be located closer than ten (10) feet to a property line unless attached to a building.
[1979 Code § 22-6.3; Ord. No. 20-163 § 603—603.6]
a. 
No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey and County or municipality thereof, or by any public utility or similar agency concerned with the protection of the public health or safety.
b. 
No neon sign or similar illuminated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.
c. 
The following advertisements are specifically prohibited: any advertisement which uses a series of two (2) or more signs placed in a line parallel to the highway or in similar fashion all carrying a single advertisement message, part of which is contained on each sign.
d. 
No sign shall have flashing lights or exposed high flashing lights of exposed high intensity illumination.
e. 
No sign may obstruct any window, door, fire escape, stairway or opening intended to provide light or ingress and egress to or from any building or structure, with the exception that twenty-five (25%) percent of any window may be occupied by a sign or signs subject to the further provisions of this chapter.
f. 
No sign may be placed in such a position to cause a danger to traffic by obscuring visibility.
[1979 Code § 22-6.4; Ord. No. 20-163 § 604—604.5]
The following types of signs are not permitted:
a. 
Billboards in residential zones.
b. 
Signs tacked, pasted, painted or otherwise attached to poles, posts, trees, fences, sidewalks or curbs, except for traffic control signs.
c. 
Exterior signs using moving parts except clocks and temperature gauges.
d. 
No sign other than official traffic control devices or street signs shall be erected within, or encroached upon, the right-of-way lines of any street unless specifically authorized by this or other ordinances or regulations.
e. 
Rotating, moving, flashing or glittering signs.
[1979 Code § 22-6.5; Ord. No. 20-163 § 605-605.7; Ord. No. 60-3]
a. 
Illumination. Illumination devices such as, but not limited to, floor or spot lights, shall be so placed and so shielded as to prevent the rays of illumination thereof from being cast into neighborhood dwellings and approaching vehicles.
1. 
The hours of illumination of any sign shall be limited to the hours when the use is open for business to the public, or between the hours of 6:00 a.m. and 11:00 p.m., whichever is less restrictive.
2. 
The light source of illuminated signs shall be shielded so that the light source shall not be visible. No sign illumination or other illumination shall be used or designed for use as an attraction device in itself, but shall be used and designed for use solely to illuminate the sign to which it is accessory. The foregoing shall be construed to prohibit light bulbs, singly or in combination, used as an attraction device; strobe lights; black (i.e., ultraviolet) lights; string lights; flashing or moving lights of any kind; and similar uses of illumination as attraction devices.
b. 
Signs over Public Right-of-Way. No portion of any sign shall be located within or suspended over a public right-of-way or pedestrian walkway except for projecting signs as permitted by this chapter.
c. 
Setback from Residential District. No sign shall be located closer than twenty-five (25) feet to any residential zone boundary and further, shrubbery, a wall or other suitable device shall be provided as a visible barrier between the sign and adjoining residential properties.
d. 
General Provisions. No existing sign shall be enlarged, rebuilt, structurally altered or relocated except in accordance with the provisions of this chapter and until a permit has been issued by the Building Subcode Official.
e. 
Nonconforming Signs. Nonconforming signs may be continued in use, but may not be enlarged, relocated, altered, rebuilt (except for existing billboard), extended nor made less conforming. Failure to keep signs in good repair for a period of twelve (12) consecutive calendar months shall constitute abandonment, and such sign may not then be replaced or reused and must be removed.
f. 
Maintenance of Signs. Construction and removal, as specified in Chapter 10, Building and Housing.
g. 
Sign and Sign Structures. All types shall be set back or elevated sufficiently to allow a clear, unobstructed line of sight from points of ingress or egress for at least four hundred (400) feet along all abutting streets and highways
h. 
Removal of Abandoned Signs. It shall be the responsibility of the owner of any property upon which an abandoned sign is located to remove such sign either immediately or within thirty (30) days of the closure of the business for which the sign represents. Removal of an abandoned sign shall include the removal of the entire sign including the sign face, supporting structure and structural trim. Where the owner of the property on which an abandoned sign is located fails to remove such sign in a timely manner, the Building Official may remove such sign. Any expense directly incurred in the removal of such sign shall be charged to the owner of the property. Where the owner fails to pay, the City may file a lien upon the property for the purpose of recovering all reasonable costs associated with the removal of the sign.
[1979 Code § 22-6.6; Ord. No. 20-163 § 606—606.3]
a. 
Administration. No person shall erect a sign without first obtaining a permit for the erection or construction of the sign, unless exempt from the City regulations.
b. 
Filing Procedure. As specified in Chapter 10, Building and Housing.
c. 
Temporary Signs. A temporary sign shall not remain in place for a period exceeding six (6) months. A temporary sign shall be removed by the person owning such sign or structure, or by the owner of the building or premises on which such sign is affixed or erected within ten (10) days following the date on which the sign is registered.
[1979 Code § 22-6.7; Ord. No. 20-163 § 607—607.6]
a. 
One (1) temporary sign pertaining to the lease or sale of the same lot or construction of the building on which it is placed. Such sign shall be non-flashing, shall be situated within the property lines of the premises to which it relates, and shall not exceed four (4) square feet in surface area on any one side. Nevertheless, no signs shall be erected or placed on any lot or lots in a proposed subdivision prior to final approval of the plat.
b. 
One (1) non-flashing sign identifying a church, public building, playground or other such permitted use and not exceeding ten (10) square feet in area on any one side. No sign shall be located closer than ten (10) feet to any property line.
c. 
Clubs, where permitted shall be permitted one unlighted, attached sign not to exceed ten (10) square feet in area.
d. 
Clinic and nursing homes, where permitted, shall be permitted one (1) freestanding and one (1) attached sign neither of which shall exceed six (6) square feet on any one (1) side.
e. 
Apartment buildings, where permitted, shall be permitted to attach signs not to exceed ten (10%) percent of the wall area facing a street or streets.
f. 
Building used for office professional purpose in the O.P.T. District shall be permitted to attach one (1) sign to the side of the structure facing the street; the sign not to exceed five (5%) percent of the front facade.
[1979 Code § 22-6.8; Ord. No. 20-163 § 608—608.2; Ord. No. 60-1 § 3]
a. 
Attached Signs. Signs attached to the main building advertising a business or business conducted on the premises shall be subject to the following regulations:
1. 
For a building having one (1) side facing a street, the attached signs may be placed on the front of the building of thirty (30) square feet or ten (10%) percent of the front of the building, whichever is greater. No sign shall have a vertical dimension in excess of four (4) feet.
2. 
For a building on a corner lot or having both front and rear entrances for customers or patrons to the business, attached signs may be placed on the front, side or rear of the building not to exceed ten (10%) percent of the wall area of the front and side or rear walls of the building except that no such sign shall have a vertical dimension in excess of four (4) feet.
3. 
Such sign shall not project more than four (4) feet from the building facade to which it is attached, provided, however, where a sign extends more than eight (8) inches from the face of the wall, the bottom of the sign shall not be closer than ten (10) feet from the ground level of the sign.
4. 
No sign projecting more than eight (8) inches from a wall shall have a vertical dimension in excess of five (5) feet, and no such sign shall extend above the roof line.
b. 
Freestanding and Monument Signs.
1. 
Freestanding and monument signs shall not be permitted in the C-1 District.
2. 
Where permitted, such signs shall not exceed a height of eighteen (18) feet or the height of the principal building on the lot, whichever the greater.
3. 
No such sign shall exceed fifty (50) square feet in area on any one (1) side except that wherein the lot on which the sign is to be located has a frontage exceeding fifty (50) feet, an additional two and one-half (2.5) square feet of sign area for each side of the sign for each ten (10) additional feet of lot frontage or fraction thereof shall be permitted.
4. 
Not more than one (1) freestanding sign or monument sign per business premises shall be permitted on any one (1) street frontage.
5. 
Such sign shall advertise only such business as conducted on the premises where the sign is located.
6. 
Such sign shall not overhang the front property line nor be less than one (1) foot from a side or rear property line.
[1979 Code § 22-6.8A; Ord. No. 27-18 § III; Ord. No. 60-1 § 3]
a. 
Attached Signs. Signs attached to the main building advertising the business or businesses conducted on the premises shall be permitted subject to the following regulations:
1. 
For a building having one (1) side facing a public or private street, attached signs may be placed on the front of the building or use therein with a maximum area of thirty (30) square feet or ten (10%) percent of the front of the building or portion thereof occupied by the use, whichever is greater. No sign shall have a vertical dimension in excess of four (4) feet.
2. 
For a building on a corner lot or having both front and rear entrances for customers, attached signs may be placed on the front, side or rear of the building. Each sign shall not exceed ten (10%) percent of the area of the wall to which it is attached. No such sign shall have a vertical dimension in excess of four (4) feet.
3. 
Attached signs shall not project more than four (4) feet from the building facade to which it is attached, provided, however, where a sign extends more than eight (8) inches from the face of the wall, the bottom of the sign shall not be closer than ten (10) feet to the ground level.
4. 
No sign shall extend above the roof line.
5. 
Where a building or structure has multiple occupants, each occupant shall be entitled to erect signage on its portion of the building facades in accordance with the requirements of this section.
b. 
Directory Signs. In addition to the signage permitted above, directory signs for multi-tenanted developments shall be permitted subject to the following regulations:
1. 
Directory signs shall not exceed thirty-five (35) feet in height and five (5) feet in width.
2. 
Directory signs shall not exceed one hundred fifty (150) square feet in area on any one (1) side.
3. 
One (1) directory sign shall be permitted on each street frontage.
4. 
Directory signs may include the name of the development as well as the names of each business or tenant in the development.
5. 
Directory signs shall not be located closer than one (1) foot to any property line.
c. 
Directional Signs. Within any multi-tenanted development directional signs shall be located to insure the safe and proper movement of vehicles within the development. Directional signs may include the names of individual occupants.
[1979 Code § 22-6.9; Ord. No. 20-163 § 609—609.2; Ord. No. 53-41 § 1; Ord. No. 60-1 § 3]
a. 
Attached Signs. Conditions and regulations as specified in subsection 31-25.8a and b.
b. 
Freestanding and Monument Signs. Freestanding and monument signs advertising a permitted use within the district shall be subject to the following regulations:
1. 
Such sign shall not exceed a height of eighteen (18) feet or the height of the principal building on the lot, whichever the greater.
2. 
No such sign shall exceed fifty (50) square feet in area on any one (1) side, except that wherein the lot on which the sign is to be located has a frontage exceeding one hundred (100) feet, an additional five (5) square feet of sign area for each side of the sign for each ten (10) additional feet of lot frontage or fraction thereof shall be permitted.
3. 
All permitted freestanding and monument signs shall be set back at least twenty (20) feet from the curb line and any side or rear property line.
4. 
No such sign shall have a vertical dimension in excess of ten (10) feet.
c. 
Billboards. Billboards shall be permitted as a freestanding sign in the L-I, L-1A and H-I Zones, but only as the principal use of the lot. The billboard shall conform to the following regulations, in addition to the applicable regulations set forth in subsections 31-25.1 to 31-25.6
1. 
The height of the billboard shall not exceed thirty-five (35) feet when measured from the ground surface below the billboard to the highest point of the billboard.
2. 
The ground clearance of the billboard shall be a minimum of twenty-five (25) feet when measured from the ground surface below the billboard to the bottom of the billboard sign area.
3. 
The sign area of the billboard shall not exceed one hundred twenty (120) square feet.
4. 
The sign area of the billboard shall not exceed twelve (12) feet in width.
5. 
The distance allowed from any billboard to any other billboard shall not be less than one thousand (1000) feet.
6. 
All parts of the billboard, including any support post or sign face, shall be setback not less than fifteen (15) feet from any structure, property line, or street right-of-way.
7. 
No billboard message shall be readable with the naked eye from any residential property.
8. 
No light from a billboard may add to the measurable existing light on a residential property.
9. 
The billboard shall be in compliance with the Roadway Signs Outdoor Advertising Act. (N.J.S.A. 27:1A-5, 27-1A6, 27:5.5 et seq.)
10. 
The billboard shall not be erected unless approved by the New Jersey Department of Transportation, and shall secure a license for an off-premises billboard sign at the specific location being sought for approval.
11. 
No billboard shall have more than two (2) sign faces. The sign faces shall be back to back and shall be parallel to each other. No angle shall be permitted between the sign faces.
12. 
The billboard shall be the only principal use of the lot.
[1979 Code § 22-6.10; Ord. No. 20-163 § 610]
Billboards may be attached to the side or rear of walls of structures in the C-1, C-2, C-L, L-I, L-IA and H-I Zones, except that such sign or signs shall not exceed seventy-five (75) square feet in area on any one (1) wall.
[Ord. No. 37-26]
In addition to any other provision governing signs, any sign to be erected within the area designated as the Special Improvement District (SID) pursuant to Chapter 27, shall require the written approval of the City of Linden District Management Corporation or its designee, which corporation shall be empowered to promulgate and adopt rules and regulations governing the size, style, design, colors, composition, configuration and placement of any such sign.
[Ord. No. 57-37; Ord. No. 58-31; Ord. No. 58-59]
Signs shall be subject to the same regulations as set forth for the C-1A Commercial District under § 31-25.9, except that Convenience Food Stores with Gasoline Sales shall be subject to the following regulations:
a. 
Attached Signs.
1. 
An attached sign may be placed on the front of the building with a maximum area of seventy (70) square feet.
b. 
Freestanding Signs.
1. 
One such sign shall be permitted and it shall not exceed a height of twenty (20) feet.
2. 
The bottom edge of the sign shall not be less than five (5) feet above the ground.
3. 
The area of such sign shall not exceed seventy-five (75) square feet in area on any one side.
4. 
The sign shall be set back a minimum of ten (10) feet from the street right-of-way.
5. 
The base of the sign and structural supports shall be of brick construction and the area surrounding the base of the structure shall be located within a landscaped bed with seasonal plantings.
c. 
Directional Signs. Directional signs, a maximum of four (4) square feet each, are permitted and shall be located to insure the safe and proper movement of vehicles. Directional signs may include the name of the occupant and may have internal or external illumination.
[Ord. No. 60-1 § 3]
a. 
Where these regulations apply. These regulations apply to all signs regulated by this Code.
b. 
Sign Placement. All signs and sign structures must be erected and attached totally on or within the site or property to which they refer, behind any applicable legal right-of-way.
c. 
Signs extending into the Right-of-Way. Exceptions:
1. 
Projecting signs in the C-1, SA-1 and SA-2 Districts, projecting over a public sidewalk.
2. 
Awnings and Marquees in a Downtown or Central Business District, projecting over a public sidewalk.
3. 
A-Frame Signs. A-frame signs or sandwich board type signs may be used in the C-1, C-2, SA-1 and SA-2 Districts if they meet the following standards:
(a) 
The sign is entirely outside the street or roadway;
(b) 
The sign is no larger than six (6) square feet;
(c) 
The sign does not obstruct a continuous through pedestrian zone of at least six (6) feet in width;
(d) 
The sign does not obstruct pedestrian and wheelchair access from the sidewalk to any of the following transit stop areas, designated disabled parking spaces, disabled access ramps, or building exits including fire escapes.
d. 
Removal of Signs. The City Engineer may require signs extending into the right-of-way to be modified or moved if streets are widened, or other improvements made in the right-of-way, which result in the creation of unsafe conditions. The modification or moving will be at the owner's expense. If a nonconforming sign is moved under this requirement, it may be re-erected on the site without being brought into conformance.
e. 
Freestanding and Monument Signs.
1. 
Freestanding and monument signs may not extend into the right-of-way.
f. 
Fascia or Wall Signs.
1. 
Vertical Extensions: Fascia or wall signs may not extend above the top of the building wall upon which they are mounted.
2. 
Horizontal Extensions: Fascia or wall signs may not extend more than eighteen (18) inches out from the wall or structure to which they are attached.
g. 
Pitched Roof Signs.
1. 
Vertical Extensions: A pitched roof sign may not extend above the roofline.
2. 
Placement and Angle: Pitched roof signs must be parallel to the building face. They may not extend beyond the building wall.
3. 
Support Structures: Support structures must be designed so that there is no visible support structure above the sign.
h. 
Projecting Signs.
1. 
Placement: Projecting signs are not allowed on rooftops or on pitched roofs. Building signs may project up to five (5) feet over a right-of-way if they are located in the C-1, SA-1 and SA-2 Districts.
i. 
Directional Signs.
1. 
General Standards: Directional signs that meet the standards of this subsection are allowed in all zones and are not counted in the total square footage of permanent signage allowed on any property or site.
2. 
Size: Freestanding directional signs may be up to four (4) square feet in area and forty-eight (48) inches in height. Fascia directional signs may be up to ten (10) square feet in area.
3. 
Directional signs in any zone may have internal or external illumination.
j. 
Temporary Signs.
1. 
Signs that meet the standards of this subsection are exempt from the standards for permanent signs and are not counted in the total square footage of signage allowed on any particular property or site. Signs that do not meet the standards of this subsection are subject to the standards for permanent signs.
2. 
Temporary signs may not have external or internal illumination.
3. 
Temporary Banners. Temporary banners are subject to the following regulations:
(a) 
In all Residential Zones, temporary banners are not permitted on sites with houses, duplexes, and attached houses. Exception: banners for holidays, religious commemoration, and special family events.
(b) 
In the Office, Professional, Commercial and Industrial Zones, one banner no larger than thirty-two (32) square feet in size is permitted per property or, on a multi-use property, per storefront. Only one (1) of these banners may be hung on each building wall or on each separate structure. Any additional banners, or banners larger than thirty-two (32) square feet in size, must meet the following standards for permanent signs in this Code.
(1) 
In no case may a site or storefront have more than two (2) temporary banners.
(2) 
In no case shall a temporary banner be larger than fifty (50) square feet in size.
(3) 
A temporary banner may be displayed no longer than ninety (90) days per calendar year.
(4) 
Banners that do not meet the regulations of this paragraph, must meet the standards for permanent signs.
4. 
Temporary Wall or Fascia Signs. One (1) temporary wall sign is allowed per street frontage in the Commercial and Industrial Zones. Temporary wall signs may be up to thirty-two (32) square feet in area. Temporary wall signs may not extend above roof lines. Extensions into the right-of-way are prohibited. A temporary wall sign may be displayed no longer than ninety (90) days per calendar year.
5. 
Temporary Freestanding or Portable Signs. One (1) temporary freestanding sign is allowed per property in the Commercial Zones and is not counted in the total square footage of permanent signage allowed on the site. Temporary freestanding signs may be up to thirty-two (32) square feet in area. Extensions into the right-of-way are prohibited. A temporary freestanding sign may be displayed no longer than ninety (90) days per calendar year.
k. 
Electronic Message Centers.
1. 
In the Office, Professional, Commercial and Industrial Zones, one (1) Electronic Message Center (EMCs) is permitted as a freestanding monument sign having a maximum height of six (6) feet and a sign area of twenty (20) square feet.
2. 
Additional General EMC Regulations:
(a) 
All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the EMC lighting level at night into compliance with Sign Illumination Standards of this subsection. (Subsection 31-25.14m.)
l. 
EMC Regulations by Zone.
1. 
In Residential Zones, EMC signs are specifically prohibited.
2. 
In Office and Professional Zones, EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds and these transitions may employ fade, dissolve, and or other transition effects.
3. 
In Office and Professional Zones, the following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
4. 
In Commercial and Industrial Zones, all EMC display features and functions are permitted, with the exception of (a) flashing, which is prohibited, and (b) full motion video or film display via an electronic file imported into the EMC software or streamed in real time into the EMC. Full motion video as described shall be permitted by special exception only as approved by the Planning Board or Zoning Board of Adjustment.
m. 
Sign Illumination Standards.
Signs may be illuminated consistent with the following standards:
1. 
A sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of seven hundred fifty (750) cd/m2 or Nits, regardless of the method of illumination.
2. 
Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
3. 
All illuminated signs must comply with the maximum luminance level of seven hundred fifty (750) cd/m2 or Nits at least one-half hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.
4. 
On-premises signs do not constitute a form of outdoor lighting at night, and are exempt from any other outdoor lighting regulations that the City has adopted, or will adopt in the future.
n. 
Nonconforming permanent signs may continue to exist after passage of this subsection. Nonconforming signs will be removed and changed in accordance with the provisions of this subsection.
1. 
Permanent signs and sign structures that are moved, removed, replaced, or structurally altered must be brought into conformance with the sign regulations. However, nonconforming signs required to be moved because of public right-of-way improvements may be re-established. Removable faces or sign panel inserts in a cabinet style sign may also be changed by right, and such change does not constitute a structural alteration nor trigger loss of nonconforming status.
2. 
Nonconforming temporary signs must be removed within two (2) months of the passage of this subsection.
3. 
Ownership. The status of a nonconforming sign is not affected by changes in ownership.
4. 
Once a sign is altered to conform or is replaced with a conforming sign, the nonconforming rights for that sign are lost and a nonconforming sign may not be re-established.
o. 
Loss of Nonconforming Sign Status.
1. 
Discontinuance -- See definition of Sign, Abandoned.
p. 
Destruction. When a sign or sign structure is removed or intentionally destroyed, replacement signs and sign structures must comply with the current standards.
q. 
Repair and Maintenance. A nonconforming sign or sign structure may be removed temporarily to perform sign maintenance or sign repair.
r. 
Unintentional Destruction. When a sign or sign structure that has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner, the sign and sign structure may be rebuilt to the same size and height using the same materials.
s. 
Clearances.
1. 
Vision Clearance Areas. Vision clearance areas are triangular shaped areas located at the intersection of any combination of rights-of-way, alleys or driveways. The sides of the triangle extend thirty (30) feet from the intersection of the right-of-way, alley or driveway in either/each direction. No sign may be installed within this clear sight triangle.
2. 
Vehicle Area Clearances. In areas outside of rights-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure must be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.
3. 
Pedestrian Area Clearances. When a sign or awning extends more than twelve (12) inches over a sidewalk, walkway, or other space used by pedestrians, the bottom of the structure must be at least eight (8) feet above the ground.
4. 
Clearances from Fire Escapes, Means of Egress or Standpipes. Signs, sign structures and awnings are prohibited from being erected in any manner that interferes in any way with the free use of any fire escape, means of egress or standpipe. Attaching signs, sign structures or awnings to a fire escape is prohibited.
5. 
Obstruction of Windows and Ventilation. Signs, sign structures and awnings are prohibited from being installed in any way that obstructs any building openings to such an extent that light, ventilation or exhaust are reduced to a level below that required by either the Building Code, Plumbing Regulations, Heating and Ventilating Regulations or Housing and Maintenance Regulations.
t. 
Maintenance Requirements.
1. 
Signs, sign structures and awnings, together with their supports, braces, guys, anchors and electrical components must be maintained in a proper state of repair. The Zoning Officer may order the removal of any sign, sign structure or awning that is not maintained in accordance to this Code.
u. 
Signs on Vehicles. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of the requirements set forth in this chapter. Thus, any sign painted, attached or displayed on any vehicle or trailer whose primary purpose is advertisement of products or activity and directing people to a business or activity located on the same or other property shall be prohibited in all zones. Signs advertising to the public that the vehicle in question is "for sale" are not intended to be included in this regulation.
[1979 Code § 22-7.1; Ord. No. 20-163 § 700; Ord. No. 60-30 § 2]
The procedures for filing of application, design of plans and all other regulations and requirements are set forth in the Land Development Regulations of the City, Chapter 29.
[1]
Editor's Note: Ordinance No. 60-30 relocated a portion of subsection 31-26.1. See subsection 29-5.9 for Site Plan Approval.
[1]
Editor's Note: The requirements of this section are also applicable to the C-1A (Commercial), and LI-B (Light Industrial) Districts.
[1979 Code § 22-8.1; Ord. No. 20-163 § 801; Ord. No. 20-215 § 1]
Off-street parking, unloading and service requirements of this section shall apply and govern all present and future zoning districts for permitted uses except in the C-1 District. No private off-street parking shall be required in the C-1 District except for development of lots twenty thousand (20,000) square feet or more. Parking space shall be required at the rate of one (1) space for each three hundred (300) square feet or larger.
Except as provided in this section, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use, a plat plan showing the required space reserved for off-street parking, unloading and service purposes.
An occupancy permit shall not be issued unless the required off-street parking, unloading and service facilities have been provided in accordance with those shown on the approved plan, except that a statement is attached to the permit specifying a specific date on which improvements shall be completed. Such period of time is not to exceed one hundred twenty (120) days. If improvements are not completed within the prescribed period of time, the permits are automatically revoked.
[1979 Code § 22-8.2; Ord. No. 20-163 § 802]
Each automobile parking space shall not be less than nine (9) feet wide, nor less than eighteen (18) feet deep, exclusive of passageways. In addition, there shall be provided adequate interior driveways to connect each parking space with a public right-of-way.
[1979 Code § 22-8.3; Ord. No. 20-163 § 803]
All public off-street parking, off-street loading and service facilities shall be so drained as to prevent damage to abutting properties or public streets and shall be constructed of materials which will assure a surface resistant to erosion. Such drainage and materials shall be installed as required by the City Engineer. All such areas shall be maintained at all times at the expense of the owners thereof, in a clean, orderly and dust-free condition. All parking areas and driveways shall be constructed in accord with the City Engineering Department design standards.
[1979 Code § 22-8.4; Ord. No. 20-163 § 804]
All off-street parking, off-street loading, and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or equivalent protective devices.
[1979 Code § 22-8.5; Ord. No. 20-163 § 805]
A private walk, if provided, adjacent to a building, shall not be less than four (4) feet in width.
[1979 Code § 22-8.6; Ord. No. 20-163 § 806]
Where off-street parking, loading or service areas are to be located adjacent to a lot in any residential zoning district and where such parking, loading or service areas are not entirely screened visually from such lot by an intervening building or structure, there shall be provided along the lot line a continuous planting screen at least six (6) feet in height. No such screen shall extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.
[1979 Code § 22-8.7; Ord., No. 20-163 § 807]
Interior driveways shall be at least fifteen (15) feet wide for one (1)-way traffic movement and at least twenty-four (24) feet wide for two (2)-way traffic movement.
[1979 Code § 22-8.8; Ord. No. 20-163 § 808]
A driveway, exclusive of curb return radii, shall be not less than twelve (12) feet in width. A curb return radius for a driveway at its entrance to a public street shall not exceed ten (10) feet unless required by the Planning Board. The maximum width of a driveway exclusive of curb return radii shall not exceed thirty-six (36) feet, except for unusual circumstances.
[1979 Code § 22-8.9; Ord. No. 20-163 § 809]
At the intersection of streets, no driveway shall be located closer than fifteen (15) feet to the intersection of the two (2) street lines.
[1979 Code § 22-8.10; Ord. No. 20-163 § 810]
Garage space or space within buildings, basements or on the roofs of buildings may be used to meet the off-street parking requirements of this chapter.
[1979 Code § 22-8.11; Ord. No. 20-163 § 811]
Each off-street parking space located in a parking area containing more than three (3) parking spaces shall be clearly marked, and pavement directional arrows or signs shall be provided wherever necessary. Markers, directional arrows and the signs shall be properly maintained so as to ensure their maximum efficiency.
[1979 Code § 22-8.12; Ord. No. 20-163 § 812]
The off-street parking requirements for two (2) or more neighboring uses may be satisfied by the allocation of the required number of spaces for each use in a common parking facility, provided that the number of off-street parking spaces is not less than the sum of individual requirements.
[1979 Code § 22-8.13; Ord. No. 20-163 § 813]
Off-street parking spaces for residential uses shall be located on the same lot as the main building to be served. Off-street parking spaces for all other uses shall be provided on the same lot as the main building to be served not more than two hundred (200) feet distant, as measured along the nearest pedestrian walkway.
[1979 Code § 22-8.14; Ord. No. 20-163 § 814]
Off-street parking facilities for one use shall not be considered as providing the required facilities for any other use, except that one-half (1/2) of the off-street parking space required by any use whose peak attendance will be at night or on Sundays (such as churches, theatres and assembly halls) may be assigned to a use which will be closed at night or on Sundays.
[1979 Code § 22-8.15; Ord. No. 20-163 § 815]
No off-street parking or loading area shall be used for the sale, repair, dismantling or servicing of any vehicle, equipment, materials or supplies.
[1979 Code § 22-8.16; Ord. No. 20-163 § 816]
In no case shall off-street loading and unloading space hinder the free movement of vehicles and pedestrians over a street or sidewalk.
[1979 Code § 22-8.17; Ord. No. 20-163 § 817]
Off-street parking and loading areas may be located in the front, side or rear yard areas except that no off-street parking area for more than four (4) vehicles shall be located closer than five (5) feet to any front property line nor closer than three (3) feet to any side or rear property line.
[1979 Code § 22-8.18; Ord. No. 20-163 § 818]
Plantings of evergreen material shall be provided in off-street parking areas of more than four (4) vehicles. In lieu of screen planting, a fence of woven lattice, masonry wall, or wooden louvre type or split cedar fence with a maximum of three-fourths (3/4) inch spacing may be provided not less than four (4) feet nor more than six (6) feet in height, maintained in good condition and without advertising. This provision shall not apply to the Industrial Districts, except where the lot is adjacent to a residential zone boundary line.
[1979 Code § 22-8.19; Ord. No. 2-163 §§ 819—819.20; Ord. No. 22-70 § 1; Ord. No. 25-35 § 1; Ord. No. 48-21 § 1; Ord. No. 57-37 § 5; Ord. No. 58-31; Ord. No. 58-59; Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
Off-street parking spaces shall be provided in accordance with the following schedule:
a. 
Bowling Alley. Four (4) parking spaces for each alley.
b. 
Club, Lodge or Service Organizations. One (1) parking space for every two hundred (200) square feet of floor area.
c. 
Commercial Establishments Not Otherwise Classified Hereafter. One (1) parking space for every three hundred (300) square feet of floor area space in the building use for sales and display purposes.
d. 
Garden Apartments. Off-street parking spaces shall be as specified in the "Residential Site Improvement Standards" of the New Jersey Administrative Code, Title 5, Chapter 21, latest edition.
e. 
Apartments. Off-street parking spaces shall be as specified in the "Residential Site Improvements Standards" of the New Jersey Administrative Code, Title 5, Chapter 21, latest edition.
f. 
Hospital, Convalescent and Nursing Home. One and one-half (1 1/2) parking spaces per bed.
g. 
Hotel-Motel. One (1) parking space for each guest room plus one (1) additional space for every two (2) employees.
h. 
Manufacturing and Industrial Uses, Research and Experimental Laboratories. One (1) parking space for every five hundred (500) square feet of floor area, or one (1) parking space for every two (2) employees at maximum peak occupancy, whichever provides for the greatest number of spaces.
i. 
Mortuary Establishment. One (1) parking space for every seventy-five (75) square feet of floor area devoted to viewing rooms or services in addition to provisions of off-street parking for four (4) vehicles.
j. 
Single-Family, Two-Family and Multiple-Family Structures Other than Garden Apartments and High Rise Apartment Buildings. Off-street parking spaces shall be as specified in the "Residential Site Improvement Standards" of the New Jersey Administrative Code, Title 5, Chapter 21, latest edition except that for one (1) family dwellings and two (2) family dwellings, an access driveway of ten (10) or more feet in width and having a length of not less than forty (40) feet shall be permitted to account for two (2) of the required spaces for the dwelling types. All other driveways shall account for one (1) space.
k. 
Office, Office Building, Office-Administrative Space and Bank. One (1) parking space for every four hundred (400) square feet of floor area used for office or similar purposes.
l. 
Medical Office. One (1) space for each two hundred fifty (250) square feet of gross floor area.
m. 
Eating and Drinking Establishments. One (1) space for each one hundred fifty (150) square feet of floor area.
n. 
Gasoline Service Station. A minimum of three (3) spaces plus one (1) space for each pump island, except for express service stations (offering no repair or maintenance facilities) a minimum of one (1) space per employee or three (3) spaces whichever the greater.
o. 
Theatre, Auditorium, Court of Law or Similar Place of Assembly, Including Places of Worship. One (1) parking space for each three (3) seats, based on maximum seating capacity.
p. 
Warehouses, Storage Buildings, Distribution Centers. One (1) parking space for every two (2) employees at the peak hour of employment or one (1) space for every one thousand (1,000) square feet of building area, whichever the greater, except that the Planning Board may waive fifty (50%) percent of the required number of spaces provided a notation is put upon the site plan map stating that an area is reserved for future parking.
q. 
Barbershops and Beauty Salons. One (1) space for each chair plus one (1) space for each employee.
r. 
Car Dealers. One (1) space for each one point five (1.5) employees plus six (6) spaces not to be used for storage, or display of vehicles.
s. 
Automotive Supply and Repair Shops. One (1) space for each five hundred (500) square feet of building area.
t. 
Car Wash Business. A stacking lane of ten (10) vehicle capacity plus one (1) space for each five hundred (500) square feet of building area.
u. 
Childcare center — 1 space per 2 employees.
v. 
Self storage facility — 1 space per 5,000 square feet of gross floor area.
w. 
Assisted living facility — 0.5 spaces per dwelling unit.
x. 
Dwelling not subject to RSIS — 1.5 spaces per dwelling unit.
y. 
Gallery, art - One space for each 500 square feet of net floor area.
z. 
Nursing home — 1 space for each 2 beds.
aa. 
Physical fitness studio or gym — 1 space per 150 square feet of gross floor area.
bb. 
Where no off-street parking standard is provided, the board of jurisdiction shall determine an off-street parking requirement in accordance with American Planning Association (APA) or Institute of Transportation Engineers (ITE) standards.
[Ord. No. 37-39 § 1]
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to: a. Protect residential areas and land uses from potential adverse impacts of towers and antennas; b. Encourage the location of towers in nonresidential areas; c. Minimize the total number of towers throughout the community; d. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; e. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; f. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening, and innovative camouflaging techniques; g. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; h. Consider the public health and safety of communication towers; and i. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City shall give due consideration to the City of Linden's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
[Ord. No. 37-39 § 2]
As used in this section:
ALTERNATIVE TOWER STRUCTURE
Shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
BACKHAUL NETWORK
Shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA
Shall mean the Federal Aviation Administration.
FCC
Shall mean the Federal Communications Commission.
HEIGHT
Shall mean, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Shall mean any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
[Ord. No. 37-39 § 3]
a. 
New Towers and Antennas. All new towers or antennas in the City of Linden shall be subject to these regulations except as provided in paragraphs b through d inclusive.
b. 
Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive only antennas.
c. 
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections 31-28.4f and g.
d. 
AM Array. For purposes of implementing this section, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
[Ord. No. 37-39 § 4; Ord. No. 48-21 § 1]
a. 
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
b. 
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c. 
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Linden or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d. 
Aesthetics. Towers and antennas shall meet the following requirements:
1. 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
2. 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
3. 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
e. 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
f. 
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
g. 
Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within the thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
h. 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County jurisdictional boundaries.
i. 
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
j. 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required franchises with the Zoning Officer.
k. 
Public Notice. For purposes of this section, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection 31-28.6b4, Table 1, in addition to any notice otherwise required by the Zoning Ordinance.
l. 
Signs. No signs shall be allowed on an antenna or tower.
m. 
Buildings and Support Equipment. Buildings and support equipment associated with antenna or towers shall comply with the requirements of subsection 31-28.8.
n. 
Multiple Antenna/Tower Plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
[Ord. No. 37-39 § 5]
a. 
General. The uses listed in this subsection are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.
b. 
Permitted Uses. The following uses are specifically permitted:
1. 
Antennas or towers located on property owned, leased, or otherwise controlled by the City of Linden provided a license or lease authorizing such antenna or tower has been approved by the City.
[Ord. No. 37-39 § 6; Ord. No. 48-21 § 1]
a. 
General. The following provisions shall govern the approvals for towers and antennas:
1. 
All applications for towers and antennas require a site plan prepared in accordance with the Land Development regulations.
2. 
Towers and antennas are only permitted in zones L-I, L-IA, L-IB, H-I and HD.
3. 
A five hundred (500) foot buffer is required between a proposed site and a nonpermitted zone district, except for towers and antennas specified in subsection 31-28.5b.
4. 
Site plans for towers and antennas not meeting the requirements of subsection 31-28.6a2 or 3 shall be presented to the Zoning Board of Adjustment for approval of a use variance.
b. 
Details.
1. 
A new tower may be located in a zoning district provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the tower is in conformity and, with the goals set forth in subsection 31-28.1 and the requirements of subsection 31-28.4; and the tower meets the setback requirements in subsection 31-28.6a3 and separation distances in subsection 31-28.6b4; and the tower meets the following heights and usage criteria:
(a) 
For a single user, up to ninety (90) feet in height;
(b) 
For two (2) users, up to one hundred twenty (120) feet in height; and
(c) 
For three (3) or more users, up to one hundred fifty (150) feet in height.
2. 
In addition to the site plan requirements described in the Land Development regulations, the applicant must also show the following:
(a) 
The setback distance between the proposed tower and the nearest residential zoned properties.
(b) 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 31.28.4c. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(c) 
A description of compliance with subsection 31-28.4 paragraphs c, d, e, f, g, j, l and m;
(d) 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(e) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(f) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(g) 
A description of the feasible location(s) of future towers or antennas within the City of Linden based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(h) 
Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Board may waive such requirements, as it deems appropriate.
(i) 
Landscaping. The following requirements shall govern the landscaping surrounding towers provided, however, that the Planning Board may waive such requirements if the goals of this section would be better served thereby. Tower facilities shall be landscaped with a buffer of plant material that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
3. 
Availability of Suitable Existing Tower, Other Structures of Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a) 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength to support applicants proposed antenna and related equipment.
(d) 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g) 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
4. 
Separation. The following separation requirements shall apply to all towers and antennas provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this section would be better served thereby. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan. The separation distances (listed in linear feet) shall be as shown in Table 1.
Table 1
Existing Towers — Types
Lattice
Guyed
Monopole 75 Feet in Height or Greater
Monopole Less than 75 feet in Height
Lattice
5000
5000
1500
750
Guyed
5000
5000
1500
750
Monopole 75 feet in Height or Greater
1500
1500
1500
750
Monopole Less than 75 Feet in Height
750
750
750
750
[1]
Editor's Note: Former subsection 31-28.7, Conditional Use Permits, previously codified herein in and containing portions of Ordinance No. 37-39 was repealed in its entirety by Ordinance No. 48-21.
[Ord. No. 37-39 § 8]
a. 
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
1. 
The cabinet or structure shall not contain more than one hundred (100) square feet of gross floor area or be more than ten (10) feet in height. In addition, for buildings and structures which are less than sixty-five (65) feet in height, the related unmanned equipment structure, if over the one hundred (100) feet of gross floor area or ten (10) feet in height, shall be located on the ground and shall not be located on the roof of the structure.
2. 
If the equipment structure is located on the roof of the building, the area of the equipment structure and other equipment and structures shall not occupy more than ten (10%) percent of the roof area.
3. 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
b. 
Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
1. 
In residential districts, the equipment cabinet or structure may be located:
(a) 
Provided the cabinet or structure is no greater than ten (10) feet in height or one hundred (100) square feet of gross floor area and the cabinet/structure is located a minimum of two hundred (200) feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least eight (8) feet and a planted height of at least thirty-six (36) inches.
2. 
In commercial or industrial districts the equipment cabinet or structure shall be no greater than ten (10) feet in height or one hundred (100) square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structure or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight (8) feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.
c. 
Antennas Located on Towers. The related unmanned equipment structure shall not contain more than one hundred (100) square feet of gross floor area or be more than ten(10) feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
d. 
Modification of Building Size Requirements. The requirements of paragraphs a through c may be modified by the Zoning Officer in the case of administratively approved uses or by the Planning Board in the case of uses permitted by conditional use to encourage collocation.
[Ord. No. 37-39 § 9]
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, than this provision shall not become effective until all users cease using the tower.
[Ord. No. 37-39 § 10]
a. 
Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
b. 
Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
c. 
Rebuilding Damage or Destroyed Nonconforming Towers or Antennas. Notwithstanding subsection 31-28.9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in subsection 31-28.7b4 and 31-28.7b5. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 31-28.9.
[1979 Code § 22-9.1; Ord. No. 20-163 § 901]
It shall be the duty of the Construction Official of the City or his representative in his absence, to administer and enforce this chapter in accordance with the provisions of both the Uniform Construction Code of the City and of this chapter. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this chapter. It shall be the duty of the Construction Official, or his representative, to cause any new buildings, plans or premises to be inspected or examined and to order in writing that any condition be remedied which is found to exist in violation of any provisions of this chapter and he shall have the right to enter any building or premises in the course of his duties.
The office of Building Inspector shall be synonymous with the office of Construction Official as established by the Uniform Construction Code of the City of Linden.
[1979 code § 22-9.2; Ord. No. 20-163 §§ 902—902.1]
a. 
Every application for a building permit shall be accomplished by duplicate plans drawn in ink, or blueprint, and, as required by the Building Inspector, showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of buildings and accessory buildings existing, and the lines within which the building or structure is to be erected or altered, the existing or intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One (1) copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Inspector together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey and prepared by a licensed land surveyor of the State of New Jersey. The lot and the location of the building thereon shall be staked out on the grounds before construction is started. No building permit shall be issued for any new dwelling located in a subdivision unless that subdivision is duly approved by the Planning Board and Council in accordance with the provisions of the Land Development Regulations of Chapter 29.
[1979 Code § 22-9.3; Ord. No. 20-163 §§ 903—903.4]
a. 
It shall be unlawful for any owner to use or permit the use of any building or part thereof, hereafter erected, altered, converted or enlarged, wholly or in part, until a Certificate of Occupancy, applied for at the time of application for a building permit, shall have been issued by the Construction Official. Such Certificate shall show that such building, or part of a building, and the proposed use thereof, conforms to the requirements of this chapter. It shall be the duty of the Construction Official to issue a Certificate of Occupancy only when he is satisfied that the building, or part of a building, and the proposed use thereof so conform.
b. 
Should the Construction Official decline to issue a Certificate of Occupancy, his reasons for doing so shall be so stated on one (1) copy of the application and that copy returned to the applicant.
c. 
Upon written request from an owner or tenant, the Construction Official shall issue a Certificate of Occupancy for any building or use of land existing at the time of enactment of this chapter certifying, after inspection, the extent and kind of use made of the building and whether such use conforms to the provisions of this chapter. Such certificate shall be issued without charge within six (6) months of the enactment of this chapter for any nonconforming use of building.
d. 
The Construction Official may issue a temporary Certificate of Occupancy, for a use of land or a building which is related to the development of a permitted use of property. Such permits may be issued for a period of six (6) months and no more than one (1) six (6) month extension may be granted.
A Zoning Board of Adjustment is established as authorized by N.J.S.A. 40:55D-1 et seq. with powers and duties provided and as fully set forth in Chapter 28.
[1]
Editor's Note: Prior ordinance history includes portions of 1979 Code §§ 22-10.1 — 22-10.7 and Ordinance No. 20-163.
[Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
a. 
Continuance. Except as otherwise provided herein, nonconforming uses or structures which lawfully existed at the time of passage of this chapter may be continued even though such uses or structures do not comply with the regulations of this chapter; provided, however, that:
1. 
A nonconforming use shall not be expanded or changed to another nonconforming use.
2. 
Any addition to an existing nonconforming building may be constructed to continue the existing building setback, but shall not be permitted to encroach further into the required setback than the existing structure. Furthermore, any vertical addition may not exceed eighty (80%) percent of the original building footprint.
3. 
Abandonment. A nonconforming use that has been abandoned shall not thereafter be reinstated. A nonconforming use shall be adjudged to have been abandoned:
(a) 
When it is changed to a conforming use.
(b) 
In cases where such nonconforming use is a building or structure designed for such use, when it has been voluntarily discontinued for a period of twenty-four (24) consecutive months.
(c) 
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of twelve (12) consecutive months.
b. 
(Reserved)
c. 
Restoration. If a nonconforming use or structure is partially destroyed by any cause whatsoever to an extent of fifty (50%) percent or more of the appraised value, it shall only be reestablished as a conforming use in the zone in which it is located. A nonconforming structure may only be rebuilt to the same size on the same foot print, provided however, that the structure may be modified to conform with the requirements of Chapter 26, Flood Damage Prevention.
d. 
Waiver. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Code Official or other competent authority having jurisdiction; nor shall it prevent compliance with the requirements of the Flood Damage Prevention rules established in Chapter 26.
e. 
Unlawful Uses. No unlawful structure or unlawful use of a building or structure, lot or land existing at the effective date of this chapter shall be deemed to be a nonconforming structure or use.
f. 
Nonconforming Lots in a Residential Zone. Any parcel of land with an area, width or depth less than required in the zone in which such lot is located may be used as a lot for purposes permitted in the zone without a variance, provided that it meets the requirements below.
1. 
Pre-existing nonconforming vacant lots may be used for single-family residential purposes; and single-family or two-family uses on pre-existing nonconforming lots may be enlarged, if the following requirements are met:
(a) 
The proposed use will be a new single-family dwelling or the enlargement of an existing single- or two-family use. A single-family dwelling shall not be converted to a two-family dwelling.
(b) 
The lot area is not less than seventy (70%) percent of the required lot size.
(c) 
There is no available vacant land abutting the lot.
(d) 
The lot either provides off-street parking or the proposed enlargement includes the provision of off-street parking.
(e) 
The building and lot coverage will not be exceeded.
(f) 
For lots which do not meet the lot width requirements, the side yards may be reduced in the same proportion as the reduced width bears to the required width, but in no case shall one side yard be less than five (5) feet.
(g) 
For lots which do not meet the lot depth requirement, the front and rear yards may be reduced in the same proportion as the reduced lot depth to the required lot depth, but in no case shall the proposed front yard be less than the smallest front yard allowed under subsection 31-4.1 or 31-17.1 nor the proposed rear yard be less than eighty (80%) percent of the required rear yard for the zone.
2. 
Existing single-family dwellings on undersized lots which are not large enough to meet the requirements of paragraph F1 above may be enlarged if the following requirements are met:
(a) 
The proposed use shall be a single-family dwelling. A single-family dwelling shall not be converted to a two-family dwelling.
(b) 
Minimum lot size shall be three thousand five hundred (3,500) square feet; minimum lot width shall be thirty-five (35) feet and the maximum height shall be twenty-six (26) feet with no more than two (2) stories.
(c) 
There is no available vacant land abutting the lot.
(d) 
There shall be no reduction of any existing off-street parking.
(e) 
Expansion shall not further reduce the existing front of side yard setbacks and shall be limited to the existing footprint and/or the rear of the lot.
(f) 
The rear yard setback requirement of the district shall be met.
[Ord. No. 60-1 § 3]
If a nonconforming use or structure is partially destroyed by any cause whatsoever to an extent of fifty (50%) percent or more of the appraised value, it shall only be reestablished as a conforming use in the zone in which it is located. A nonconforming structure may only be rebuilt to the same size on the same footprint, provided however, that the structure may be modified to conform with the requirements of Chapter 26, Flood Damage Prevention.
[Ord. No. 60-1 § 3]
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Code Official or other competent authority having jurisdiction; nor shall it prevent compliance with the requirements of the Flood Damage Prevention rules established in Chapter 26.
[Ord. No. 60-1 § 3]
No unlawful structure or unlawful use of a building or structure, lot or land existing at the effective date of this chapter shall be deemed to be a nonconforming structure or use.
[Ord. No. 60-1 § 3]
Any parcel of land with an area, width or depth less than required in the zone in which such lot is located may be used as a lot for purposes permitted in the zone without a variance, provided that it meets the requirements below.
a. 
Pre-existing nonconforming vacant lots may be used for single-family residential purposes; and single-family or two-family uses on pre-existing nonconforming lots may be enlarged, if the following requirements are met:
1. 
The proposed use will be a new single-family dwelling or the enlargement of an existing single- or two-family use. A single-family dwelling shall not be converted to a two-family dwelling.
2. 
The lot area is not less than seventy (70%) percent of the required lot size.
3. 
There is no available vacant land abutting the lot.
4. 
The lot either provides off-street parking or the proposed enlargement includes the provision of off-street parking.
5. 
The building and lot coverage will not be exceeded.
6. 
For lots which do not meet the lot width requirements, the side yards may be reduced in the same proportion as the reduced width bears to the required width, but in no case shall one side yard be less than five (5) feet.
7. 
For lots which do not meet the lot depth requirement, the front and rear yards may be reduced in the same proportion as the reduced lot depth to the required lot depth, but in no case shall the proposed front yard be less than the smallest front yard allowed under subsections 31-4.1 or 31-17.1 nor the proposed rear yard be less than eighty (80%) percent of the required rear yard for the zone.
b. 
Existing single-family dwellings on undersized lots which are not large enough to meet the requirements of subsection 31-36.6a above may be enlarged if the following requirements are met:
1. 
The proposed use shall be a single-family dwelling. A single-family dwelling shall not be converted to a two-family dwelling.
2. 
Minimum lot size shall be two thousand five hundred (3,500) square feet; minimum lot width shall be thirty-five (35) feet and the maximum height shall be twenty-six (26) feet with no more than two (2) stories.
3. 
There is no available vacant land abutting the lot.
4. 
There shall be no reduction of any existing off-street parking.
5. 
Expansion shall not further reduce the existing front of side yard setbacks and shall be limited to the existing footprint and/or the rear of the lot.
6. 
The rear yard setback requirement of the district shall be met.
[1979 Code § 22-11.1; Ord. No. 20-163 § 1101; Ord. No. 26-40 § 1]
Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Board of Adjustment or the Planning Board, shall be deemed guilty and upon conviction thereof, shall for each and every violation and for each and every day such violation continues, be subject to a fine of not less than $100 nor more than $1,000.
[1979 Code § 22-11.2; Ord. No. 20-163 § 1102]
a. 
In case any building or structure is or is intended to be erected, constructed, reconstructed, altered or converted, or any building or structure is or is intended to be used in violation of, or contrary to the provisions of this chapter, the City Attorney is hereby authorized, in addition to other remedies set forth in the statutes of the State of New Jersey and in this chapter, to institute an action to enjoin, or any other appropriate action or proceeding, to prevent such erection, construction, reconstruction, alteration, conversion or use.
[1979 Code § 22-12; Ord. No. 20-163 § 1200]
The City may amend or change, or change by ordinance, the number, shape or area of districts established on the Zoning Map of the City and the regulations set forth in this chapter in accordance with the Revised Statues 10:55D-1 et seq. (Chapter 291 of the Laws of New Jersey, 1975).
[1979 Code § 22-13; Ord. No. 20-163 § 1300]
If any section, paragraph, clause, sentence or provision of this chapter shall be adjudged by the court to be invalid, such judgment shall not affect, impair, invalidate or nullify this chapter as a whole or any part thereof, other than the part immediately involved in the controversy in which such judgment or decree shall be rendered.
[1979 Code § 22-14; Ord. No. 20-163 § 1400]
Any and all ordinances or parts thereof in conflict or inconsistent with any of the terms and provisions of this chapter are hereby repealed to such extent as they are so in conflict or inconsistent provided, however, that the adoption of this chapter shall not prevent or bar the continuance of institution of any proceedings for offenses heretofore committed in violation of any existing ordinances of the City.
[1979 Code § 22-15.1; Ord. No. 27-34 § 1]
a. 
There is hereby established, in connection with various applications for development and other matters which are the subjects of this chapter, a schedule of fees, which shall be paid by the applicant. The schedule of fees is included in subsection 31-44.2.
b. 
Escrow Deposit Fees.
1. 
In addition to the filing fee established pursuant to this chapter, all applications for development shall be accompanied by a deposit of adequate funds to cover the cost of professional services in connection with the review of the application, including but not limited to shorthand reporting and transcripts, review, inspection and reports of the City Engineer, professional planner, City Attorney, Board Attorney and any other professionals whose services are deemed necessary with respect to processing the application by the approving authority.
2. 
All moneys required under this section shall be deposited by the secretary of the Approving Authority in the City's escrow account, and the City Treasurer shall set up a ledger page in the name of the applicant. All disbursements to professional consultants or experts required to process the application shall be charged against the applicant's escrow account.
3. 
The amount of the initial deposit to the escrow account, to be remitted at the time of the filing of the application, shall be as provided in subsection 31-44.2.
4. 
Any of the aforesaid deposit remaining in the escrow account upon completion of the application procedure shall be returned to the applicant.
5. 
In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are needed to cover the cost of processing the application, the applicant shall deposit sufficient additional funds. In order to expedite the processing of applications by the Approving Authority, the Secretary to the Approving Authority shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected.
6. 
The Approving Authority shall not process or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
7. 
All bills submitted to the approving authority by the stenographer, planning consultant, City Attorney, Board Attorney or other professionals containing charges to be applied against an applicant's escrow account established pursuant to this section shall specify the services performed in relation to individually identified applications for which the charges have been incurred.
8. 
Unit charges, i.e., per diem or hourly fees, inspection or expert testimony charges, levied by the stenographer, planning consultant, City Attorney, Board Attorney or other professionals for services rendered in connection with an application may not exceed those unit charges contracted for and approved by the City agency for services by professionals.
9. 
A monthly accounting of all funds to be withdrawn by the City from the escrow account shall be submitted by the Secretary to the Approving Authority to the applicant at least ten (10) days prior to the withdrawal of the funds. Within the ten (10) days, the applicant shall have the opportunity to request, in writing, a hearing by the Approving Authority with respect to the reasonableness of the intended charges against the escrow account. In the event that the applicant requests such a hearing, no withdrawal shall be made from the escrow account until the Approving Authority shall have ruled on the appeal. If the Approving Authority finds in favor of the applicant, the withdrawals shall be adjusted accordingly. If no obligation is filed within ten (10) days, the funds shall be withdrawn from the escrow account and transferred to the City general funds.
[1979 Code § 22-15.2; Ord. No. 27-34 § 2; Ord. No. 52-10 § 1; Ord. No. 58-20]
Initial deposit to escrow account on applications for development.
a. 
Residential (Use and Bulk Variance): $750.
b. 
Zoning Interpretations: $750.
c. 
Concept subdivision for site plan - no deposit.
d. 
Minor Subdivision:
1. 
Residential including multi-family or townhouse, two (2) lot minor subdivision, lot line adjustment $750.
2. 
Nonresidential/commercial/industrial, $1,500 plus $300 per lot.
e. 
Major Subdivisions:
1. 
Three (3) lots or greater, residential, including multi-family or townhouse $1,500 plus $300 per lot or unit.
2. 
Nonresidential/commercial/industrial, $2,000 plus $500 per lot.
f. 
Site Plan Applications:
1. 
Residential including multi-family and townhouse 1-3 dwelling units, $2,500.
2. 
3-20 dwelling units, $3,500.
3. 
Over 20 dwelling units, $5,000.
4. 
Nonresidential, commercial/retail/industrial. Lot area shall be calculated by the total area of the property:
(a) 
0-20,000 square feet, $3,500.
(b) 
20,000-50,000 square feet, $4,500.
(c) 
50,000-100,000 square feet, $6,500.
(d) 
Over 100,000 square feet, $10,000.
All monies deposited shall be placed in an escrow account and administered in accordance with procedures established by the Municipal Chief Financial Officer.
Escrow deposits must be submitted to the Secretary of the Planning Board or the Board of Adjustment prior to the application being reviewed for completeness. An application will not be considered to be complete or placed on the agenda until the required escrow deposit has been satisfied.
Where deposits have not been paid, approving authorities shall not process applications, conduct hearings or take action on an application nor shall the signature of any municipal official be affixed to any subdivision, plat, deed, site plan, zoning permit, building permit or certificate of occupancy.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 54-23.
[Ord. No. 54-23]
The general purpose of the Linden Station Area Zone Districts is to implement the Transit Oriented Development Plan of the City of Linden Master Plan to promote the development of a Transit Village in the Linden Station Area. The specific purposes of the Linden Station Area Zone Districts are:
a. 
To provide for land uses and facilities beneficial to both the City and to transit users;
b. 
To promote transit oriented development around Linden Station;
c. 
To concentrate a mix of retail, office, residential, public, and open space uses within walking distance of each other and Linden Station in order to increase convenience for residents, shoppers, commuters and employees, and to reduce auto traffic by providing an environment supportive of pedestrians, bicyclists, and transit users;
d. 
To provide for land uses that generate transit ridership;
e. 
To revitalize the area around Linden Station and enhance economic vitality;
f. 
To provide for the safe and efficient flow of pedestrian and vehicular traffic, that emphasizes a pedestrian-oriented environment;
g. 
To preserve and maintain stable residential neighborhoods in and adjacent to the Station Area;
h. 
To provide for an improved visual environment and to reinforce a sense of place and favorable identity of the Linden Station Area;
i. 
To encourage public and private investment to improve the Linden Station Area;
j. 
To coordinate planning and zoning with the adopted redevelopment plans of the City for the South Wood Avenue Redevelopment Project and the Theater Site;
k. 
To provide transit-supportive site design guidelines;
l. 
To provide transit-supportive architectural design guidelines;
m. 
To provide transit-supportive parking regulation.
[Ord. No. 54-23; Ord. No. 60-1 § 3]
a. 
Purpose. The SA-1 District promotes a high density core area of transit oriented development and a mixed-use downtown of commercial and residential uses in the vicinity of Linden Station.
b. 
Permitted Principal Uses. In order to promote transit oriented development and a mixed-use downtown, the following uses are permitted as the principal uses within the SA-1 District:
1. 
Hotels.
2. 
Vocational and fine art schools.
3. 
Day care centers, including nursery schools.
4. 
Public uses and public buildings, such as a police station, library, post office, museum, and similar uses that directly serve the public, or commuter parking facilities, and passenger drop-off and pick-up areas that provide for the renovation and upgrading of facilities at the Linden Railroad Station, but excluding facilities such as a public works garage, water treatment plant, electric transformer station, and uses of a similar nature.
5. 
Publicly or privately-owned open spaces, such as parks and plazas available to the general public.
6. 
Publicly-owned outdoor active recreation facilities.
7. 
Mixed use buildings of nonresidential and residential uses subject to the following limitations:
(a) 
The principal use of the ground floor shall be one or more nonresidential uses permitted in the C-1 District, excluding private parking lots, skating rinks, hospitals, religious uses and other institutional uses.
(b) 
The use and design of the ground floor shall promote retail and service uses and other uses that generate pedestrian traffic and can serve commuters. No residential dwelling unit shall be located on the ground floor.
(c) 
All residential dwelling units shall be located above the ground floor.
(d) 
The residential dwelling units may be either rental or condominium units. At least two-thirds (2/3) of the residential units shall be one-bedroom units. No dwelling unit shall contain more than two (2) bedrooms.
(e) 
The maximum permitted residential density is seventy-five (75) dwelling units per acre for buildings that are in excess of three (3) stories in height; and fifty (50) units per acre for buildings that are three (3) stories or less in height.
(f) 
The maximum building height is six (6) stories and seventy-five (75) feet.
(g) 
The minimum lot size required for a mixed use building of nonresidential and residential uses shall be as follows:
(1) 
Four (4) stories or greater — 30,000 square feet.
(2) 
Three (3) stories but less than four (4) — 20,000 square feet.
(3) 
Less than three (3) stories — 10,000 square feet.
c. 
Permitted Principal Existing Uses. An existing principal use which at the time of adoption of this section (April 21, 2010) was located within the C-1 District, and which was a permitted principal use on a conforming lot within the C-1 District, shall continue to be permitted and may be used and expanded on the lot in accordance with the requirements of the C-1 District.
d. 
Permitted Accessory Uses. Accessory uses that are customarily incidental to the principal permitted use, subordinate to it, and not in violation of any other provisions of the City of Linden Zoning Ordinance are permitted.
e. 
Open Space and Landscaping Requirements. The minimum area devoted to landscaped open space of the total lot area shall be ten (10%) percent of the total lot area. Landscaped roof areas may be considered as open space subject to Planning Board approval.
f. 
Area, Yard, and Bulk Requirements. Development within the SA-1 Linden Station Area Core District shall be subject to the applicable area, yard, and bulk regulations for the SA-1 District as set forth in the area, yard, and bulk requirements for the Linden Station Area.
g. 
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the following requirements.
1. 
Off-street parking serving the residential uses shall be provided in a ratio of one (1) off-street parking space for each one-bedroom dwelling unit and one and three-quarters (1 3/4) off-street parking spaces for each two-bedroom dwelling unit.
2. 
One (1) off-street parking space shall be provided on site for each dwelling unit and any additional off-street parking spaces that may be required may be provided off site but within five hundred (500) feet of the proposed development.
3. 
Off-street parking serving the nonresidential uses shall be provided on-site in a ratio of one (1) off-street parking space for each five hundred (500) square feet of gross building floor area devoted to nonresidential use.
4. 
Each off-street parking space shall have a minimum width of nine (9) feet, a minimum length