[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; amended 6-21-2023 by Ord. No. 67-36]
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.
BANQUET FACILITY
An establishment that provides food prepared and served in a formal setting for special occasions such as weddings, bar/bat mitzvahs, family reunions, corporate award ceremonies, charitable benefits and other special events.
[Added 6-21-2023 by Ord. No. 67-36]
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 COVERAGE
That percentage of a lot that is improved or is proposed to be improved with buildings and structures, covered by surfaces that have been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including but not limited to driveways, parking lots, pedestrian walkways, signs, and other man-made improvements on the ground surface which are more impervious than the natural surface. For purposes of this definition, the area of water within a pool and gravel landscaping, shall be exempt from the impervious coverage calculation. Notwithstanding anything to the contrary above, stormwater detention basins (with or without liners) and artificial turf athletic fields shall not be considered to be impervious coverage.
[Added 6-21-2023 by Ord. No. 67-36]
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.
LIGHT VEHICLE
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 portion of a building or structure included between the surface of any one floor and the surface of the next floor above it or, if there is no floor above such floor, then "story" shall be that portion of the building or structure included between the surface of any floor and the ceiling next above it. A basement shall be considered as a story where the finished surface of the floor above the basement is:
More than four feet above the average grade elevation;
More than four feet above the finished grade for 50% or more of the total building perimeter; or
More than 10 feet above the finished ground level at any point.
[Amended 6-21-2023 by Ord. No. 67-36]
STORY, HALF
That portion of any building or structure located under a pitched roof at the top of a building having a story height of seven feet, zero inches or greater and having a floor area that is less than or equal to one third of the gross floor area of the floor below. For the top most story, story height shall be measured from the top of the finished floor to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
[Added 6-21-2023 by Ord. No. 67-36]
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.
SWIMMING POOL
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.
VAPE SHOP
Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of electronic smoking devices, liquid nicotine, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2).
[Added 6-21-2023 by Ord. No. 67-36]
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; amended 6-21-2023 by Ord. No. 67-36]
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
Symbol
District Name
CI-R
Block 288, lots 1, 2, 13, 14, and
15; Block 254, lots 12, 13, and
16 - Redevelopment (Citizen)
W-R
West Elizabeth Avenue Redevelopment
P-R
Park Plastics Redevelopment
U-R
United Lacquer Redevelopment
C-R
Avenue C Redevelopment
S-R
Route 1/9 & Stiles St. Redevelopment
W-R
Route 1/9 & Willow Glade Redevelopment
G-R
Grasselli Road Redevelopment
WP-R
W. Price Street Redevelopment
SP-R
S. Park Avenue Redevelopment
TR-R
4900 Tremley Point Road Redevelopment
LSN-R
Block 254 — Lots 1-10 (Linden Station North) Redevelopment
LCP-R
LCP Site Redevelopment
B-R
Brunswick Avenue Site Redevelopment
D-R
Former D's Dugout Redevelopment
DT - R
DeWitt Terrace and St. Georges Ave Redevelopment
R-R
Roselle Street Redevelopment
H-R
750 W. Edgar Road (Hotel Redevelopment) 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; amended 3-17-2020 by Ord. No. 64-10; 9-19-2023 by Ord. No. 67-58]
The zoning map is hereby further amended in accordance with the map (attached) 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.
Editor's Note: The zoning map may be found as Attachment 3: Zoning Map and is included as an attachment to this chapter. The map is provided for informational purposes.
Ord. No. 64-10 Revisions
Lot 13, in Block 252 on the Tax Maps of the City of Linden to be changed from C-1 (Central Business District) to R-2B (Two Family 40').
Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, in Block 198 on the Tax Maps of the City of Linden to be changed from C-1 (Central Business District) to SA-1 (Station Area - Core Transit Village District - Mixed Use).
Lots 1, 2, 3, 4, 5, 6, 7, 8, 40 and 41, in Block 252 on the Tax Maps of the City of Linden to be changed from C-1 (Central Business District) to SA-1 (Station Area - Core Transit Village District - Mixed Use).
Lots 3, 8.01, 8.02, 8.03, 14, 15, 16 and 17, in Block 338 on the Tax Maps of the City of Linden to be changed from C-2 (Retail Commercial) to R-1A (Single Family 50').
Lot 1 in Block 90 on the Tax Maps of the City of Linden to be changed from C-2 (Retail Commercial) to R-2B (Two Family 40').
Lots 24.01 and 24.02, in Block 419 on the Tax Maps of the City of Linden to be changed from C-2 (Retail Commercial) to R-3 (Apartment).
Lots 1, 2, 4, 22, 23, 38.03, 38.04, 38.05, 40, 41 and 2, in Block 469 on the Tax Maps of the City of Linden to be changed from HI (Heavy Industrial) to LI (Light Industrial).
Lots 1.01, 1.02, 2.01, 2.03, 2.04, 3, 4.01, 4.02, 5.01, 5.02, 6, 7.01, 7.02, 8, 62, 68 and 69, in Block 470 on the Tax Maps of the City of Linden to be changed from HI (Heavy Industrial) to LI (Light Industrial).
Lots 16, 17, 18, 19, 20, 21, 24, 25.01, 26 and 28, in Block 580 on the Tax Maps of the City of Linden to be changed from HI (Heavy Industrial) to LI (Light Industrial).
Lots 38.06 in Block 469 on the Tax Maps of the City of Linden to be changed from HI (Heavy Industrial) to PCD (Planned Commercial District).
Lot 1 in Block 431 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to C-1A (Commercial District).
Lots 1.01, 1.02, 2.01, 2.02, 3, 4 and 15.03, in Block 432 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to C-1A (Commercial District).
Lots 1.02, 2.01, 4, 5, 6, 7, 8, 9 and 10.01, in Block 433 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to C-1A (Commercial District).
Lots 1, 2, 3, 4, 10, 11, 12, 14.01, 14.02, 15.01, 16.02 and 17, in Block 434 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to C-1A (Commercial District).
Lots 10.03, 10.04, 10.05 and 10.06, 11.01 in Block 436 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to C-1A (Commercial District).
Lots 1.01, 1.02, 1.03, 1.04, 2.01, 2.02, 2.03, 2.04, 2.05, 3, 4.01, 4.02 and 4.03, in Block 424 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to R-1B (Single Family 40').
Lots 10 and 11, in Block 568 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to R-2A (Two Family 50').
Lots 15.01 in Block 432 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to R-2B (Two Family 40').
Lots 1.01, 11, 12, 13, 14, 15 and 16, in Block 433 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to R-2B (Two Family 40').
Lots 5.01, 5.02, 6, 7, 8 and 9, in Block 434 on the Tax Maps of the City of Linden to be changed from LI (Light Industrial) to R-2B (Two Family 40').
Lots 10, in Block 238 on the Tax Maps of the City of Linden to be changed from R-1A (Single Family 50') to C-2 (Retail Commercial).
Lot 20 in Block 419 on the Tax Maps of the City of Linden to be changed from R-1A (Single Family 50') to C-2 (Retail Commercial).
Lots 25 and 26, in Block 419 on the Tax Maps of the City of Linden to be changed from R-1A (Single Family 50') to R-3 (Apartment/Condo).
Lots 2, 3 and 4, in Block 103 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to C-2 (Retail Commercial).
Lots 14, 22, 23 and 24, in Block 116 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to C-2 (Retail Commercial).
Lot 2 in Block 426 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to LI (Light Industrial).
Lot 5 in Block 428 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to LI (Light Industrial).
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, in Block 1 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lot 1 in Block 90 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lot 1 in Block 93 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2 and 3, in Block 94 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5 and 6, in Block 95 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, in Block 96 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, in Block 97 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4.01, 4.02, 4.03, 5, 6, 6.01, 7, 8, 9, 10, 11, 12 and 13, in Block 98 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11.01, 11.02, 12, 13, 14, 15, 16.01, 16.02, 17, 18, 19, 20 and 21, in Block 99 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8.01, 8.02, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, in Block 100 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 2, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31, in Block 101 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, in Block 103 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, in Block 104 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 1.01, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, in Block 105 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19 and 20, in Block 106 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14, in Block 107 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, in Block 108 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, in Block 109 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, in Block 110 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19, in Block 111 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, in Block 112 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, in Block 113 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 10, 11, 12, 13, 14, 15 and 16, in Block 114 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 15, 17.01, 17.02, 18, 19, 20 and 21, in Block 116 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16.01, 17.01, 18, 19, 20 and 21, in Block 117 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27, in Block 118 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30 and 31, in Block 119 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, in Block 120 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, in Block 121 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.01, 14.02, 15, 16 and 17, in Block 122 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19, in Block 123 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, in Block 124 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11.01, 12.01, 13, 14, 15, 16, 17, 18, 19 and 20, in Block 125 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19, in Block 126 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15.01, 15.02, 16, 17 and 18, in Block 127 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, in Block 128 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 14, 15, 16, 17, 18, 19 and 20, in Block 129 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.02, 14, 15, 16, 17, 18 and 19, in Block 132 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, in Block 133 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1.01, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24.01, in Block 134 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, in Block 135 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lot 1 in Block 136 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.01, 14.02, 15, 16 and 17, in Block 137 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5.02, 6, 7, 8, 9, 10, 11, 12, 13 and 14, in Block 138 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, in Block 139 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 2.01, 3, 4, 5, 6.01, 6.02, 6.03, 6.04, 6.05, 9, 10 and 11, in Block 140 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8.01, 8.02, 9, 10 and 11, in Block 141 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, in Block 142 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18.01, 18.02 and 19, in Block 143 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, in Block 144 on the Tax Maps of the City of Linden to be changed from R-1B (Single Family 40') to R-2B (Two Family 40').
Lots 1 and 2, in Block 456 on the Tax Maps of the City of Linden to be changed from R-2A (Two Family 50') to OPT (Office Professional Transition).
Lots 13, 38 and 39, in Block 463 on the Tax Maps of the City of Linden to be changed from R-2A (Two Family 50') to OPT (Office Professional Transition).
Lots 4.03 and 4.04, in Block 243 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-1 (Central Business District).
Lot 7 in Block 244 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-1 (Central Business District).
Lot 3 in Block 249 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-1 (Central Business District).
Lot 7 in Block 13 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-2 (Retail Commercial).
Lot 13.01 in Block 146 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-2 (Retail Commercial).
Lots 1.02 and 53, in Block 163 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-2 (Retail Commercial).
Lot 1 in Block 178 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-2 (Retail Commercial).
Lot 1 in Block 187 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-2 (Retail Commercial).
Lots 1 and 19, in Block 204 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-2 (Retail Commercial).
Lots 3.01, 3.02 and 3.03, in Block 403 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to C-2 (Retail Commercial).
Lots 18, 18.01, 19.01, 31, 32, 44 and 45, in Block 40 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to R-3 (Apartment).
Lot 1 in Block 54 on the Tax Maps of the City of Linden to be changed from R-2B (Two Family 40') to R-3 (Apartment).
Lots 24.03, 24.02 and 36, in Block 212 on the Tax Maps of the City of Linden to be changed from R-3 (Apartment) to C-1 (Central Business District).
Lots 6 and 7 in Block 337 on the Tax Maps of the City of Linden to be changed from R-3 (Apartment) to R-1A (Single Family 50').
Lots 1, 17, 18, 19, 20 and 21, in Block 451 on the Tax Maps of the City of Linden to be changed from SA-2 (Station Area-Transit Village Residential District) to OPT (Office Professional Transition).
Lots 1, 2, 16.02, 17 and 18, in Block 452 on the Tax Maps of the City of Linden to be changed from SA-2 (Station Area-Transit Village Residential District) to OPT (Office Professional Transition).
Lots 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 52, in Block 463 on the Tax Maps of the City of Linden to be changed from SA-2 (Station Area-Transit Village Residential District) to OPT (Office Professional Transition).
a. 
Zoning Map 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.
4. 
Ordinance No. 67-58. Lots 1.02, 2.01, 2.02, 3, 4, and 15.03 in Block 432 on the Tax Maps of the City of Linden to be changed from the C-1A (Commercial) to L-I (Light Industrial).
[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; amended 2-16-2021 by Ord. No. 65-1; 5-17-2022 by Ord. No. 66-35; 11-22-2022 by Ord. No. 66-65; 6-21-2023 by Ord. No. 67-35]
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.
Editor's Note: Schedule of Limitations: Height, Area and Yard Requirements, and Schedule of Limitations: Permitted and Accessory Uses are included as attachments to this chapter.
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.
[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; amended 6-21-2023 by Ord. No. 67-36]
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, except on the common lot line for two-family attached properties.
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.
i. 
Trash enclosures shall be permitted in side and rear yards and shall be setback a minimum of five (5) feet from side and rear property lines.
[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.
[Former Section 31-9, Planned Residential Development Option in the L-I (Ro) District, including § 31-9.1 through § 31-9.13, were repealed 6-21-2023 by Ord. No. 67-36. Prior history includes 1979 Code § 22-4.1A – § 22-4.1l; Ord. No. 29-47; Ord. No. 48-21.]
[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; amended 2-16-2021 by Ord. No. 65-1; 11-22-2022 by Ord. No. 66-65]
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.
9. 
Convenience food stores with gasoline sales, which shall be subject to those additional zoning requirements set forth in §  31-19.10. Notwithstanding the foregoing, the additional zoning requirements set forth in §  31-19.10b and § 31-19.10d shall not be applicable in the PCD District.
[Added 2-16-2021 by Ord. No. 65-1]
10. 
Animal hospitals.
[Added 11-22-2022 by Ord. No. 66-65]
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; amended 2-16-2021 by Ord. No. 65-1]
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.
c. 
Notwithstanding paragraphs a and b herein, individual lot development shall be allowed to depart from the coherent design theme to the minimum extent necessary to allow for the use of national branding elements for the business for which the lot is being developed.
[Added 2-16-2021 by Ord. No. 65-1]
[Ord. No. 52-71 § I; Ord. No. 53-10 § I; Ord. No. 55-58; Ord. No. 58-59; amended 2-16-2021 by Ord. No. 65-1]
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 street frontage of one hundred (100) feet shall be required along a public street or a private right-of-way, easement, or common way that provides access to a public street
[Amended 2-16-2021 by Ord. No. 65-1]
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. 
The minimum lot depth shall be one hundred fifty (150) feet. For the purposes of this section, lot depth shall be the horizontal distance between any two points along the front and rear lot lines.
[Amended 2-16-2021 by Ord. No. 65-1]
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.
10. 
Convenience Food Stores with Gasoline Sales. Convenience Food Stores with Gasoline Sales buildings shall not exceed one (1) story or forty (40) feet in height. Any permitted canopy or other accessory building or structure shall not exceed thirty (30) feet in height.
[Added 2-16-2021 by Ord. No. 65-1]
[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; amended 2-16-2021 by Ord. No. 65-1; amended 2-16-2021 by Ord. No. 65-1]
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, provided, however, that outdoor trash and recycling bins may be located up to 5 feet to any internal property line for tracts being developed as a commercial center.
[Amended 2-16-2021 by Ord. No. 65-1]
[Ord. No. 52-71 § I; Ord. No. 55-58; amended 2-16-2021 by Ord. No. 65-1]
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.
d. 
Off-street parking and loading areas may be located up to any internal property line for tracts being developed as a commercial center where cross-access is proposed.
[Added 2-16-2021 by Ord. No. 65-1]
e. 
A driveway, exclusive of curb return radii, shall be not less than 24 feet in width. A curb return radius for a driveway at its entrance to a public street shall not exceed 50 feet, unless required by the Planning Board. The maximum width of a driveway exclusive of curb return radii shall not exceed 36 feet, except at loading/refueling areas where a maximum of 60 feet is permitted.
[Added 2-16-2021 by Ord. No. 65-1]
f. 
Drive-Through.
[Added 2-16-2021 by Ord. No. 65-1]
1. 
Side-by-side drive-through lanes or side-by-side drive-through and by-pass lanes shall be permitted without a landscaped or nonlandscaped island being located between the side-by-side lanes.
2. 
Drive-through lanes shall be not less than twelve (12) feet in width.
[Ord. No. 52-71 § I; Ord. No. 55-58; amended 2-16-2021 by Ord. No. 65-1; 6-21-2023 by Ord. No. 67-36]
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) 
A minimum lot size of five (5) acres is required to have a directory sign.
(b) 
Directory signs shall not exceed thirty-five (35) feet in height.
(c) 
Directory signs shall not exceed two hundred fifty (250) square feet in area on any one (1) side.
(d) 
One (1) directory sign shall be permitted along the Route 1 and 9 right-of-way.
(e) 
A directory sign may be located on any lot within an overall tract being developed as a commercial center and may include the name of the development of the overall tract as well as the names of each business or tenant within the overall tract development.
[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; amended 5-17-2022 by Ord. No. 66-35; 11-22-2022 by Ord. No. 66-65]
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
7. 
Self-storage
8. 
Animal hospitals
9. 
Car rental facilities
10. 
Car washes, which shall be subject to those additional zoning requirements set forth in subsection 31-19.12.
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; 6-21-2023 by Ord. No. 67-36]
Except as hereinafter specified in this section, every part of a required yard shall be unobstructed and open, which includes basement entrances, window wells, and any structure attached to a foundation or building wall, 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; amended 11-22-2022 by Ord. No. 66-65]
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.
c. 
Car washes in the C-1B Commercial District shall not be permitted to locate any access driveways on Rebecca Street.
[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; amended 6-21-2023 by Ord. No. 67-36]
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 any property shall be erected of barbed wire, electrified, 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. 
For permitted industrial uses located in industrial zones, open and opaque fences not to exceed eight (8) feet shall be permitted in the side and rear yards.
4. 
For permitted industrial uses located in industrial zones, open fences not to exceed eight (8) feet shall be permitted in the front yard.
5. 
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; amended 7-21-2020 by Ord. No. 64-30]
a. 
Off-street parking space shall be provided as specified in Section 31-27 of this chapter, except that no more than 40% 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; 8-17-2021 by Ord. No. 65-34; 3-15-2022 by Ord. No. 66-21; 6-21-2023 by Ord. No. 67-36]
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. This prohibition shall not apply to licensed “cannabis businesses” within the City of Linden.
g. 
Tattoo uses shall be specifically prohibited in all zones except for industrial zone districts where retail uses are permitted.
h. 
Outdoor vehicle storage yards, but excluding new and used car sales where permitted.
i. 
Ground floor apartments below grade and basement apartments.
j. 
Uses associated with the outdoor storage and dismantling of vehicles.
k. 
Vape shops as defined by ordinance.
l. 
Truck and trailer storage facilities as a principal permitted use.
[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; amended 6-21-2023 by Ord. No. 67-36]
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 multitenanted developments shall be permitted subject to the following regulations:
1. 
For lots that are five (5) acres and greater, a directory sign shall not exceed thirty-five (35) feet in height and five (5) feet in width. Lots less than 5 acres may have a directory sign that does not exceed twenty-five (25) feet in height.
2. 
For lots that are five (5) acres and greater, directory signs shall not exceed one hundred fifty (150) square feet in area on any one (1) side. Lots less than five (5) acres may have a directory sign that does not exceed eighty (80) 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.
[Added 6-21-2023 by Ord. No. 67-36]
a. 
Menu Board Signs:
1. 
One ordering menu board and preordering menu board sign which does not advertise the name of the business is permitted for each drive-through lane associated with a drive-thru restaurant.
2. 
The maximum sign area shall not exceed forty (40) square feet for a menu board sign and twenty-five (25) square feet for a pre-ordering menu board.
3. 
The maximum height for both menu board and preordering menu board signs shall not exceed six (6) feet.
4. 
Menu board and preordering menu board signs shall be digital LED signs.
[Added 6-21-2023 by Ord. No. 67-36]
a. 
Canopy Signs:
1. 
For the gas station and convenience store, three (3) canopy signs and logo shall be permitted on each side of a canopy that faces a dedicated street, driveway, or parking area.
2. 
Canopy signs shall not exceed one (1) square foot per foot of the length of such canopy to which the sign is attached or a total area of twenty-five (25) square feet, whichever is less.
3. 
Canopy signs shall not extend beyond the ends or extremities of the canopy to which they are attached.
[Ord. No. 60-1 § 3; renumbered 6-21-2023 by Ord. No. 67-36]
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; amended 6-21-2023 by Ord. No. 67-36]
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 where no building expansion is proposed. No additional private off-street parking spaces shall be required in the C-1 District for permitted uses where no building expansion is proposed.. Where a building expansion of five hundred (500) square feet or more is proposed, off-street parking spaces for nonresidential uses shall be required at the rate of one (1) space for each three hundred (300) square feet of gross building area. Off-street parking for residential uses shall be provided in accordance with subsection 31-27.19.
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; amended 2-16-2021 by Ord. No. 65-1]
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.
cc. 
Convenience Food Stores with Gasoline Sales – 1 space per 150 square feet of gross floor area of the convenience store building plus 1 space for every 4 fueling positions.
[Added 2-16-2021 by Ord. No. 65-1]
[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; amended 4-19-2022 by Ord. No. 66-26]
Initial deposit to escrow account on applications for development.
a. 
Residential (Use & Bulk Variance): $2,000.
b. 
Zoning interpretations: $2,000.
c. 
Concept subdivision for site plan: $2,000.
d. 
Concept site plan: $2,000.
e. 
Soil disturbance plan/lot grading plans: $2,000.
f. 
Minor subdivision:
1. 
Residential including multi-family or townhouse, two lot minor subdivision, lot line adjustment $1,500.
2. 
Non-residential/commercial/industrial, $2,000 plus $300 per lot.
g. 
Major Subdivisions:
1. 
Three lots or greater, residential, including multi-family or townhouse $2,000 plus $300 per lot or unit.
2. 
Non-residential/commercial/industrial, $3,000 plus $500 per lot.
h. 
Site Plan Applications:
1. 
Residential including multi-family and townhouse 1-3 dwelling units, $3,000.
2. 
Three to 20 dwelling units: $4,000.
3. 
Over 20 dwelling units: $5,500.
4. 
Non-residential, commercial/retail/industrial. Lot area shall be calculated by the total area of the property:
(a) 
Zero to 20,000 square feet: $3,500.
(b) 
Twenty thousand to 50,000 square feet: $4,500.
(c) 
Fifty thousand to 100,000 square feet: $6,500.
(d) 
Over 100,000 square feet: $10,000.
5. 
Waiver of site plan: $2,000.
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 of eighteen (18) feet and shall have access to an aisle that is no less than twenty-four (24) feet in width. No parking space shall be located in the required front yard setback area.
h. 
Off-Street Loading Requirements. Off-street loading shall be provided in accordance with the following requirements.
1. 
One (1) off-street loading space for the first twenty-five thousand (25,000) square feet of total gross building floor area.
2. 
One (1) additional off-street loading space for each additional fifty thousand (50,000) square feet of total gross building floor area.
3. 
Each off-street loading space shall be at least twelve (12) feet in width, fifty (50) feet in length, and have a height clearance of at least fourteen (14) feet and shall be separate from off-street parking facilities.
4. 
Off-street loading areas shall be screened on three (3) sides by a building, and/or solid decorative screen wall, and/or landscaping, and shall be screened from view of all public roads and adjoining properties.
i. 
Sign Requirements. Signage shall be compatible with building materials and colors and are permitted in accordance with the following requirements.
1. 
Signs are subject to the applicable provisions of Section 31-25, Sign Regulations and Requirement.
2. 
Only signs that identify uses within the building shall be permitted.
3. 
Signs shall be subject to the regulations of subsection 31-25.8, Signs Permitted in Business District C-1, C-2, ROC, and CL Zones.
[Ord. No. 54-23]
a. 
Purpose. The Linden Station Area Transit Village Residential District (SA-2) provides for development at a reduced height and density to provide a transition from the Core Transit Village District to the areas and neighborhoods of the City beyond the Linden Station. The SA-2 District provides increased opportunities for residential development and redevelopment in proximity to the Linden Station.
b. 
Permitted Principal Uses. The following uses are permitted as the principal uses within the SA-2 District.
1. 
Multi-family dwellings subject to the following limitations and requirements:
(a) 
The maximum building height is four (4) stories and sixty (60) feet.
(b) 
The maximum permitted residential density is fifty (50) units per acre.
(c) 
The minimum lot size required for a multi-family building shall be as follows:
(1) 
Four (4) stories— 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.
(d) 
The residential dwelling units may be either rental or condominium units.
(e) 
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.
(f) 
Open Space and Landscaping Requirements. Open space and landscaping shall be provided in accordance with open space and landscaping requirements of the SA-1 District.
(g) 
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the off-street parking requirements of the SA-1 District.
(h) 
Off-Street Loading Requirements. Off-street loading shall be provided in accordance with the off-street loading requirements of the SA-1 District.
2. 
Mixed use buildings of nonresidential and residential uses subject to the following limitation and requirements:
(a) 
The principal use of the ground floor shall be one (1) or more nonresidential uses permitted in the C-1 District or the SA-1 District.
(b) 
The use and design of the ground floor shall promote retail and service uses and other uses that generate pedestrian traffic.
(c) 
The floors above the ground level shall be residential dwelling units.
(d) 
The residential dwelling units may be either rental or condominium units.
(e) 
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.
(f) 
The maximum building height is four (4) stories and sixty (60) feet.
(g) 
The maximum permitted residential density is fifty (50) units per acre.
(h) 
The minimum lot size required for a mixed use building of nonresidential and residential uses shall be as follows:
(1) 
Four (4) stories— 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.
(i) 
Open Space and Landscaping Requirements. Open space and landscaping shall be provided in accordance with open space and landscaping requirements of the SA-1 District.
(i) 
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the off-street parking requirements of the SA-1 District.
(j) 
Off-Street Loading Requirements. Off-street loading shall be provided in accordance with the off-street loading requirements of the SA-1 District.
(1) 
Sign Requirements. Signage shall be provided in accordance with the signage requirements of the SA-1 District.
3. 
Additional Permitted Principal Uses. The following uses are additional permitted principal uses of the SA-2 District subject to the specified requirements and limitations:
(a) 
Single-family dwellings in accordance with the requirements of the R-3 District.
(b) 
Two-family dwellings in accordance with the requirements of the R-3 District.
(c) 
Home occupations in a single-family dwelling on a lot at least five thousand (5,000) square feet or greater.
(d) 
Day care centers.
(e) 
Public uses and public buildings such as a police station, library, post office, museum, parks, and similar uses that directly serve the public.
(f) 
Publicly or privately-owned open spaces, such as parks and plazas available to the general public.
(g) 
The additional permitted principal uses of the zone shall be subject to the following;
(1) 
Area, Yard, and Bulk Requirements. Development shall be subject to the applicable requirements of the area, yard, and bulk regulations for the SA-2 District as set forth in the Schedule of Limitations for the area, yard, and bulk requirements of Linden Station Area.
(2) 
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the off-street parking requirements of Section 31-27 Parking and Loading Requirements.
(3) 
Off-Street Loading Requirements. Off-street loading shall be provided in accordance with the off-street loading requirements Section 31-27 Parking and Loading Requirements.
(4) 
Sign Requirements. Signage for uses shall be permitted in accordance with the signage requirements of the subsection 31-25.7 for signs permitted in Residential Districts R-1a, R-1b, R-2a, R-2b, O.P.T., and R-3 Zones.
4. 
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.
[Ord. No. 54-23]
The South Wood Avenue Redevelopment District recognizes and incorporates by reference the South Wood Avenue Redevelopment Area as part of the City zone plan for the Linden Station Area. All development within the South Wood Avenue Redevelopment District is subject to the Redevelopment Plan for the South Wood Avenue Redevelopment Project which has been adopted by the Linden City Council pursuant to the "Local Redevelopment and Housing Law," P.L. 1992, c. 79(C.40A:12A-1 et seq.).
[Ord. No. 54-23]
The Theater Redevelopment District recognizes and incorporates by reference the redevelopment project area of the Former Theater Site and Abutting Properties as part of the City zone plan for the Linden Station Area. All development within the Theater Redevelopment District is subject to the Redevelopment Plan for the Former Theater Site and Abutting Properties which has been adopted by the Linden City Council pursuant to the "Local Redevelopment and Housing Law," P.L. 1992, c. 79(C.40A:12A-1 et seq.).
[Ord. No. 53-16 § 1; Ord. No. 54-23]
The purpose of this section is to provide additional site plan standards to implement the Transit-Oriented Development Plan for the Linden Station Area of the City Master Plan.
The standards set forth in this section shall apply to all site plans within the SA-1 District and the SA-2 District Station Area Zone District and shall be in addition to those set forth in Section 29-11.
Design of the development shall take into consideration the City Master Plan Transit Oriented Development Plan and all applicable local and regional plans for the site and the surrounding area. The Planning Board may require site plans for developments be submitted to NJ Transit for its advice and comments concerning the relationship of the development to NJ Transit facilities and services.
a. 
Conformity with Master Plan. If the City Master Plan Transit-Oriented Development Plan or other element of the Master Plan provides guidelines for or shows designated streets, public drainage ways, flood control basins, or public areas including pedestrian rights-of-way, parks, playgrounds, public open spaces, or sites for public structures within a proposed development, the approving agency, before approving the site plan, may require that such streets, rights-of-way, basins or public areas be shown on the site plan in location and sizes suitable to their intended uses. The reservation and compensation provisions of the Municipal Land Use Law, C40:55D-44, shall apply to all such facilities except for streets, flood control basins, or public drainage ways necessitated by the development and required for final approval.
b. 
Building Location. Buildings, excluding parking structures and accessory structures, shall be located as close to the street lines of the lot as practicable while complying with the setback requirements. Parking structures, where permitted and accessory structures shall be located behind other buildings and away from street lot lines to the extent practicable.
c. 
Off-Street Parking Location. Off-street parking shall not be located between any principal building and the front street line of the lot. On corner lots, off-street parking shall not be located between a principal building and the site street line where another location is practicable.
d. 
Historic Structures and Sites. Historic Structures and sites, as listed on Federal or State registers of historic places or as shown on or listed in the current adopted Master Plan or any adopted element thereof, shall be preserved to the extent consistent with the reasonable utilization of the lot and in accordance with applicable State and/or local regulations.
e. 
Street Design. Street design shall follow the regulations set forth in Section 29-11.2, City of Linden Code of Ordinances and the recommendations of the Transit Oriented Development Plan for the Linden Station Area of the City Master Plan.
f. 
Intersection Design. Intersection design standards shall follow the regulations set forth in Section 29-11.2.
g. 
Driveway Intersections with Streets. Driveway openings to County roads shall comply with any access management code and/or design adopted by the County. Driveway openings to municipal streets shall conform to City requirements in effect at the time of site plan approval. Driveways and the use served by the driveway shall be designed to ensure that vehicles do not exit the site by backing into the street. In any case, driveway openings to streets carrying transit vehicles shall be avoided whenever possible.
h. 
Sidewalk and Pedestrian Walkway Design.
1. 
Where pedestrian walkways or sidewalks shown on the Transit-Oriented Development Plan or other element of the Master Plan are within a proposed development, the site plan shall show such paths or sidewalks at the locations shown on the Transit-Oriented Development Plan or Master Plan, to the extent practicable.
2. 
Pedestrian walkways shall be provided between bus stops and building entrances, and, where practicable, between rail stations or bus terminals and adjacent buildings. Such pedestrian connections shall be identified by pavement variation, ground-level lighting, or landscaping.
3. 
Pedestrian right-of-way easements ten (10) feet wide, through the center of blocks more than six hundred (600) feet long, may be required by the approving agency in order to provide convenient pedestrian access to transit stops, a station, to shopping, or other community facilities.
4. 
Where practicable, pedestrian walkways shall be raised above the grade of streets, drives, parking lots, and other paved areas. Where pedestrian walks cannot be raised, they shall be constructed of a material that is different from the adjacent pavement. Walks and sidewalks shall be adequately lighted. The approving agency may require appropriate signs indicating the direction to transit stations or other points of interest as it deems necessary.
5. 
Walkways shall be designed to be direct and continuous.
6. 
Walkways and sidewalks should accommodate continuous two-way pedestrian traffic. The desirable width of a sidewalk when separated from the cartway by a buffer strip, is at least five (5) feet and not less than four (4) feet. Where no buffer strip is provided, the minimum width shall be increased to six (6) feet. The approving agency may require an increased sidewalk width near pedestrian generators and employment centers.
(a) 
Where the border width available for sidewalk installation is ten (10) feet, the width of the buffer strip shall be a minimum of three (3) feet and the sidewalk shall be not less than four (4) feet wide.
(b) 
Where the border width available for sidewalk installation is fifteen (15) feet, the width of the buffer strip shall be a minimum of five (5) feet and the sidewalk shall be not less than five (5) feet wide.
(c) 
Where the border width is other than ten (10) feet or fifteen (15) feet, the approving agency shall determine the acceptable width of the sidewalk and the buffer strip.
(d) 
Where no buffer strip is provided, the desirable width of the sidewalk is at least seven (7) feet and not less than six (6) feet.
7. 
The width of the sidewalk shall be clear of trees, signs, utility poles, raised junction boxes, hydrants, parking meters, and other similar appurtenances to the extent practicable. Where utility poles, sign supports, fire hydrants, etc., are provided in the sidewalk, the minimum usable width of sidewalk shall be three (3) feet to allow for wheelchair passage.
8. 
On rehabilitation or reconstruction projects where improvements are constrained by the existing border and right-of-way areas, the desirable sidewalk width should be implemented where feasible.
9. 
Walkways and sidewalks shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).
i. 
Parking Design Standards. Parking lot design shall be subject to the provisions of Section 31-27 except as specifically provided for by the provisions of the Linden Station Area zone districts and the Linden Station area site design standards.
1. 
Conformance to Master Plan. If the Master Plan Transit-Oriented Development Plan or Circulation Element of the Master Plan shows an off-street parking plan for the area covered by a proposed site plan, the Planning Board shall require that the parking layout on the site plan conform as closely as is practicable to such Master Plan element. Where immediate conformance is not practicable, the approving agency shall require that the parking plan be adaptable to future conformance to the Master Plan.
2. 
Connections between Parking Lots. Where possible, connections or provisions for future connections to abutting parking lots, serving retail or service uses, shall be shown on the site plan.
3. 
Pedestrian Circulation. Pedestrian walkways shall be provided connecting parking areas to the buildings they serve by the most direct route. The walkways shall be unencumbered by parked cars, berms or plantings. Walkway standards shall apply to parking lot walkways.
4. 
Commuter Drop-off Parking Areas. Any parking lot serving retail or service establishments, accommodating more than twenty (20) cars, and located within (200) feet of a rail station, bus terminal, or bus stop shall provide for a passenger drop-off area available during certain hours, if demand warrants. Such drop-off area shall be located in that portion of the parking lot closest to the transit stop. Appropriate signs shall be supplied by the municipality, clearly indicating which spaces are for commuter drop-off use. The signs shall limit drop-off and pickup to off-peak hours or when the retail establishments are closed. If stores served by the parking lot are open during all or part of the evening commuter hours, the sign may indicate that pickup or drop-off of passengers is not permitted during those hours.
5. 
Parking Priority at Employment Centers. Where any use is projected to employ fifty (50) or more persons, parking areas shall be designed and located so as to facilitate transit, bicycle and pedestrian access. Parking spaces closest to the building entrances, in order, shall be reserved for:
(a) 
People with disabilities (all types of parking);
(b) 
Van pool vehicles; and
(c) 
Car pool vehicles.
Bicycle lockers and/or stands shall be provided as close to the building entrances as possible and may be located in front of the building. If the building is served by a public bus line or if a company bus is expected to transport employees, a bus pullout or parking area and a bus shelter shall be provided as close to a building entrance as possible, either within the street right-of-way or on the site.
j. 
Commercial Parking Lots. Commercial parking lots designed for both commuter and shopper or other non-commuter use shall be divided into sections for commuter and non-commuter use. The sections shall have separate access, where practicable. Parking lots, or sections thereof, devoted to commuter parking may have a parking stall width of eight and one-half (8.5) feet, instead of the width required by Section 31-27 of the Zoning Ordinance. Views of parking lots shall be substantially screened from adjacent streets. Landscaping, fences, walls, screen structures, buildings or combinations of these may be used to screen views. All required screening shall be provided on site. Parking lot screening is subject to the following requirements:
1. 
Screen planting and/or structures taller than two feet, six inches (2' 6") in height when measured from adjacent parking lot grade will provide adequate visual screening. Solid and continuous screen planting or structures over three (3) feet in height, however, can inhibit visual access that is necessary for security and public safety. Variations in height above three (3) feet, such as those provided by occasional trees or widely spaced taller shrubs may be used to provide both security and screening.
2. 
Landscape screen planting at grade should maintain a minimum of three (3) feet of planting width to provide adequate room for effective plant growth. At grade, planter widths that are less than three (3) feet provide inadequate screening and should only be used in combination with a wall, fence, raised planters or other screen structure.
3. 
Parking lot screening that is only provided by landscape planting shall consist of a material capable of height and density to provide a positive visual barrier within two (2) years of the time of planting. Species, installation sizes and irrigation systems will be evaluated for conformance with this requirement prior to final approval of the landscape plan.
4. 
Parking lot screen structures shall be visually interesting. They should be compatible in design with the project buildings in quality, color and materials to promote unified design.
5. 
In locations where significant views of parking lots are unavoidable due to such features as driveway entry widths, topography, or building orientation, visually interesting pavement and interior landscape treatments are encouraged to provide visual interest and visually break up large expanses of pavement.
k. 
Landscape Plan. A landscape plan (prepared by a certified landscape architect) shall be submitted with each site plan in the Transit-Oriented Development Zone. The plan shall identify existing and proposed trees, shrubs and ground covers and other landscape or streetscape elements including walls, fences, benches, planters, and sidewalk trash receptacles.
l. 
Street Trees. Where street trees are not already present at the required minimum space interval, shade trees or ornamental flowering trees shall be installed by the developer. All trees on both sides of a street, within a block, shall be the same species, except that where spacing of shade trees exceeds forty (40) feet, small ornamental trees may be placed between larger trees.
1. 
Where more intensive land uses abut less intensive uses, the Planning Board, or if applicable the Zoning Board of Adjustment, may require a buffer strip from not less than five (5) to up to fifteen (15) feet in width.
2. 
Parking lots, garbage collection, utility areas, and loading and unloading areas shall be screened around their perimeters by a buffer strip a minimum of five (5) feet wide.
m. 
Parking Lot Landscaping.
1. 
Parking lot street frontage screening and perimeter screening shall be a minimum of five (5) feet wide.
2. 
The landscaping shall be along the perimeter of the parking lot. All landscaping shall be placed so as not to obstruct sight lines.
3. 
Evergreens shall be used along the perimeter of the lot for screening. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with pavers. Any area that will be under the overhang of vehicles shall be covered with mulch or pavers as required by the Planning Board, or if applicable the Zoning Board of Adjustment.
n. 
Walls and Fences.
1. 
Walls and fences shall be erected where required for privacy, screening, separation, security, erosion control, or to serve other necessary and reasonable functions.
2. 
The design and materials used shall be functional and compatible with existing and proposed development and shall be subject to the approval of the Planning Board, or if applicable the Zoning Board of Adjustment.
3. 
No fence or wall shall be constructed or installed so as to constitute a hazard to traffic or safety, or to bar or obstruct access to Linden Station or bus stops.
o. 
Street Furniture.
1. 
Street furniture such as, but not limited to, trash receptacles, benches, and bollards, shall be located and sized in accordance with function.
2. 
The different street furniture components shall be compatible in form, material, and finish. Design and materials shall be coordinated with existing and proposed site architecture. Selection of street furniture shall take into consideration function, durability, maintenance, and long-term cost.
p. 
Lighting.
1. 
Site lighting shall be provided in accordance with the guidelines set forth in the tables, below, for parking lot illumination and pedestrian walkway illumination.
2. 
Lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings, and in parking areas.
3. 
Spacing of standards shall be provided to achieve the illumination guidelines.
4. 
The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents and the design of lighting standards shall be of a type appropriate to the development and the municipality.
5. 
Spotlights, if used, shall be placed on standards pointing toward the building rather than on the buildings and directed outward.
Parking Lot Illumination
Activity Level
Lux
Foot Candles
Low Activity1
2
0.2
Medium Activity2
6
0.6
High Activity3
10
0.9
1Examples include Neighborhood shopping, industrial employee parking, church or recreational facility parking.
2Examples include community shopping centers, office parks, hospital parking areas, cultural civic or recreational events, and residential complex parking.
3Examples include major cultural or civic events.
Source: Listoken, David and Walker, Carole, The Subdivision and Site Plan Handbook, New Brunswick, 1989.
PEDESTRIAN WALKWAY ILLUMINATION
Walkway Classification
Minimum Average Horizontal Levels-Lux
Average
Roadside Sidewalks
Commercial areas
10
22
Intermediate areas
6
11
Residential Areas
2
5
Walkways Distant from Roadways
Walkways and stairways
5
5
Pedestrian tunnels
43
54
Source: Listoken, David and Walker, Carole, op. cit.
q. 
Architectural Design Guidelines.
1. 
Building design and orientation and site design shall respect the key design concepts and guidelines of the Transit Oriented Development Plan of the City of Linden.
2. 
Multiple buildings within a development must maintain a consistent style/architectural theme utilizing common color schemes and materials.
3. 
All facades visible from adjoining properties or public streets shall include visually pleasing architectural features similar to the front facade of the building.
4. 
Entranceways shall be in keeping with the architectural character of the building, and shall be clearly and appropriately framed architecturally.
5. 
Buildings shall be designed so as to prevent exterior elevations from containing large expanses of blank or featureless walls.
6. 
The type, shape, pitch, feature, and color of a roof shall be architecturally compatible with the building style, materials, colors, and details.
7. 
New buildings shall maintain a primary orientation to public streets both functionally and visually.
[Ord. No. 58-72]
a. 
The general purpose of the Runway Protection Zone is to supplement the land use rules and regulations promulgated by the United States Federal Aviation Administration for the two ends of Runway 9-27 at Linden Municipal Airport by preventing encroachments in the safety zones by:
1. 
Regulating uses, activities and developments which, acting alone or in combination with other existing or future uses, activities and developments, will create unsafe operations at the Airport.
2. 
Restricting or prohibiting certain uses, activities and developments from locating within areas subject to this zone.
This zone shall affect parts or entire lots in the following blocks:
Block 469, Lot 38.1
Block 470, Lots 9.1, 9.2, 12-18, 32-34 and 54-63
Block 471, Lots 1-15
Block 523, Lot 2
Block 551, Lot 1
Block 568, Lots 1-13
Block 580, Lot 42 and 25.1
[Ord. No. 58-72]
The zone will further restrict the use of land shown on the Runway Protection Zone maps dated October 10, 2014 and as generally depicted on the City's Zoning Map to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft, in accordance with Federal Aviation Administration Advisory Circular 150/5300-13A-Airport Design.
The Runway Protection Zone shall be an overlay to the existing underlying zone districts.
Where there happens to be any conflict between the provision or requirements of the Runway Protection Zone District and those of any underlying district, the more restrictive provisions shall apply.
In the event any provision concerning the Runway Protection Zone District is declared inapplicable as a result of any legislative or administrative actions or judicial decisions, the basic underlying district provisions shall remain applicable.
The interpretation of the Runway Protection Zone shall be made by the City Engineer, in cooperation with officials of the Federal Aviation Administration. Any proposed development within the Runway Protection Zone shall be coordinated with the Federal Aviation Administration and no approval for development shall be given without approval of the Federal Aviation Administration.
This ordinance shall not have any affect on other Federal Aviation Administration regulations regarding height limitations, approach zones or similar restrictions.
[Ord. No. 60-1 § 3]
The owner of any real property in the City of Linden may submit an application to the Planning Board of the City of Linden for the rezoning of its real property. A "developer," as that term is used in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., may submit an application for rezoning, provided that such application is submitted with the written consent of the owner of the affected property.
[Ord. No. 60-1 § 3]
Each application for rezoning shall include all required fees and escrows and twenty-four (24) copies of the following:
a. 
A fully completed application for rezoning.
b. 
A map of the entire tract depicting, at minimum, all of the information required by Section 29-5.
c. 
A concept plan, depicting the nature, features and proposed use of the property as rezoned.
d. 
A specific proposal for rezoning, which may be either that the tract in question be rezoned to a specific existing zoning district or that a new zoning district be created. If a new zoning district is to be created, applicant shall submit a specific, detailed proposal for said zoning district which shall include permitted uses, conditional uses, if any, and all required bulk conditions, including lot size and area, setbacks, height requirements, open space requirements, building coverage requirements, parking requirements and the like.
[Ord. No. 60-1 § 3]
The procedure set forth in Section 29-5 with respect to an application for development shall be utilized for the purpose of certifying an application to be complete.
[Ord. No. 60-1 § 3]
When an application shall be deemed complete, the Zoning Officer shall distribute fourteen (14) of the twenty-four (24) copies of the application to the Board and appropriate professionals, and the remaining ten (10) copies shall be distributed to the Planning Board Secretary.
[Ord. No. 60-1 § 3]
The Planning Board shall hold a hearing on each application for rezoning which complies with the procedures set forth in the Municipal Land Use Law. The hearing shall be held within ninety (90) days of the certification of a complete application.
[Ord. No. 60-1 § 3]
After hearing the application, the Planning Board shall determine whether any action other than rezoning will properly protect the interest of the community of the municipality. The Planning Board shall review the application in light of the existing Master Plan, the conditions existing within the community and the expertise of the Planning Board in matters of land development to determine whether the applicant's proposal should be favorably recommended to the City Council. The Planning Board shall make specific detailed findings of fact and conclusions of law concerning the applicant's proposal as it relates to the review standards set forth below. It shall be the applicant's burden of proof to present sufficient credible evidence to the Planning Board for the Board to make appropriate findings, conclusions and recommendations.
[Ord. No. 60-1 § 3]
The Planning Board shall conclude its review and make its recommendation within one hundred twenty (120) days of the certification of a complete application. Unless the applicant shall consent in writing to an extension of the time for decision, if the Planning Board shall not act favorably on such application within said one hundred twenty-day period, the applicant's request that the Planning Board recommend rezoning to the City Council shall be deemed denied.
[Ord. No. 60-1 § 3]
Subsequent to action by the Planning Board, the Board shall cause its written findings and conclusions to be forwarded to the City Clerk for action by the City Council. The Planning Board Secretary shall also forward the ten (10) remaining copies of applicant's application. The report to the City Council shall also include a brief statement as to whether or not the Planning Board recommends that the City Council adopt an ordinance rezoning the subject property.
[Ord. No. 60-1 § 3]
Each application for rezoning shall comply with and address the following standards:
a. 
Necessity. No application for rezoning shall be granted if the relief sought could be granted through an application for development other than one pursuant to N.J.S.A. 40:55D-70d.
b. 
Master Plan. In submitting its recommendations, the Planning Board shall submit a report in accordance with N.J.S.A. 40:55D-26. The Governing Body shall comply with such section in acting on the application. If the proposed rezoning is inconsistent with the Master Plan, the Planning Board shall include in its recommendation whether it is in the best interest of the municipality to amend the Master Plan in accordance with the Municipal Land Use Law.
c. 
Modification. In making its recommendations, the Planning Board may recommend that the application for rezoning be granted, in whole or in part, or be modified. If the Planning Board recommends the granting of the application with modifications or conditions, the Planning Board shall set out such modifications or conditions in detail, including findings, conclusions and recommendations.
d. 
Effect of Current Zoning. The applicant shall demonstrate by proper proof that, absent rezoning, there is a substantial likelihood that the zoning regulations currently in existence will zone the property into inutility or that the rezoning shall substantially and meaningfully benefit the municipality and further the purposes of the Municipal Land Use Law, including purposes set forth in N.J.S.A. 40:55D-2.
e. 
Municipal Services. In demonstrating that the proposed rezoning will substantially benefit the municipality and will advance the purposes of the Municipal Land Use Law, the applicant shall demonstrate that the proposed rezoning will not unduly burden the planned and orderly development of the municipality or place an undue burden upon community services and facilities. Where deemed appropriate by the Planning Board, the Board may require traffic studies, fiscal impact studies or such other information as it requires to be produced either by the applicant or for the Board at the applicant's expense.
[Ord. No. 60-1 § 3]
After receipt of the report and recommendations of the Planning Board, the City Council shall consider the application. The decision of the City Council to act or not to act on any application shall be deemed a legislative act in the sole discretion of the City Council. The City Council may determine, in its sole discretion, whether or not to act on any application and whether or not to grant, deny or modify any application. If the City Council shall act on any proposed amendment to this chapter, it shall do so in compliance with N.J.S.A. 40:55D-62, et seq.
[Ord. No. 60-1 § 3]
a. 
Purpose. The purpose of this section is to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
b. 
Definition of Principles --
1. 
As a condition of final subdivision and/or site plan approval, the municipal agency may require an applicant to either install or pay his pro rata share of the costs of providing necessary circulation improvements, water, sewerage, drainage facilities, any other public improvements or facilities (i.e., public recreation, public buildings, public equipment), including land and easements and all items necessary to administer and maintain the City's public functions, located off tract of the property limits of the subdivision or development but necessitated or required by the development. "Necessary improvements" are those clearly and substantially related to the development in question.
2. 
The municipal agency shall provide, in its resolution of approval, the basis of the required improvements.
3. 
The capacity and design of proposed improvements shall be based upon sources, including, but not limited to, the adopted City of Linden Master Plan, the adopted Linden City Zoning Ordinance and the adopted Linden City Land Use and Zoning Ordinances.
4. 
The improvement and/or widening of a stream or the construction of drainage or other improvements in a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement, and the cost of said improvement shall not be allocated.
5. 
The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based on the criteria contained herein.
c. 
Cost Allocation.
1. 
Full Allocation. In cases where off-tract improvements are necessitated by the proposed development and no other property owner(s) receive(s) a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval to provide and install such improvements.
2. 
Proportionate Allocation.
(a) 
Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer, provided that the improvements are not required because the developer has realigned existing easements in order to obtain the maximum density for development.
(b) 
Allocation Formula.
(1) 
Drainage improvements. The applicant's proportionate share of storm-water and drainage improvements, including the purchase of land for easements, the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and installation, relocation or replacement of other storm drainage facilities or appurtenances associated herewith, shall be determined as follows:
[a] 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the methods and standards consistent with this chapter, computed by the developer's engineer and approved by the engineer and the municipal agency.
[b] 
The capacity of the enlarged, extended or improved system required for the development and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer and shall be subject to the approval of the engineer of the municipal agency. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the engineer of the municipal agency. The pro rata share for the proposed improvement shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (total capacity expressed in cubic feet per second)
=
Developer's cost
Development-generated peak rate of runoffs expressed in cubic feet per second to be accommodated by the enlargement or improvement
(2) 
Roadways and Transportation Facilities. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, street lighting, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows:
[a] 
The applicant shall provide the engineer of the municipal agency with the existing and anticipated future peak-hour flows for the off-tract improvements.
[b] 
The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic development, which is to be accommodated by the off-tract improvement, to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (peak-hour traffic)
=
Developer's cost
Development peak-hour traffic to be accommodated by the enlargement or improvement
(3) 
Sanitary Sewers. The applicant's proportionate share of distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and associated appurtenances, shall be computed as follows:
[a] 
The capacity and the design of the sanitary sewer system shall be based on the requirements and standards set forth in this chapter.
[b] 
The Linden City Municipal Engineer shall provide the applicant with the existing and reasonably anticipated peak-hour flows as well as capacity limits of the affected sewer system.
[c] 
If the existing system does not have adequate capacity to accommodate the applicant's flow, given existing and reasonably anticipated peak-hour flows, the pro rata share shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (gallons per day - gpd)
=
Developer's cost
Development-generated gallons per day to be accommodated by the enlargement or improvement
(4) 
Water Supply. The applicant's proportionate share of water distribution facilities, including the installation, relocation, or replacement of water mains, hydrants, valves and associated appurtenances, shall be computed as follows:
[a] 
The capacity and the design of the water supply system shall be based on the requirements and standards set forth in this chapter.
[b] 
The Linden City Municipal Engineer shall provide the applicant with the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand and fire demand.
[c] 
If the existing system does not have adequate capacity as defined above to accommodate the applicant's needs, the pro rata share shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (gallons per day-gpd)
=
Developer's cost
Development-generated gallons per day to be accommodated by the enlargement or improvement
(5) 
Other Improvements. The applicants' proportionate share of other capital improvements shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement
=
Developer's cost
Development share of enlargement or improvement
d. 
Escrow Accounts.
1. 
Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the City in a separate account until such time as the improvement is constructed.
2. 
If the off-tract improvement is not begun within ten (10) years of deposit, all monies and interest shall be returned to the applicant upon his request. An off-tract improvement shall be considered "begun" if the City has taken legal steps to provide for design and financing of such improvement.
3. 
If the applicant does not request the return of the money within a period of one year, the money shall be placed in the City's general capital improvement fund and shall not be returnable to the applicant thereafter.
e. 
Redetermination upon Completion of Improvements.
1. 
Upon completion of off-tract improvements required pursuant to this section, the developer's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated cost of the improvements. To the extent that it shall decrease the amount thereof, the City shall forthwith refund the amount of such decrease to the developer.
2. 
In the event that the payment by the applicant provided for herein is less than his share of the actual cost of the off-tract improvements, then the applicant shall be required to pay the appropriate share of the cost thereof.
f. 
Referral to City Council.
1. 
Where an application for development suggests the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the municipal agency shall forward to the City Council a list and description of all such improvements, together with a request that the City Council determine and advise the municipal agency of the procedure to be followed in installation thereof, including timing. The municipal agency shall defer final action on the application for development until receipt of the City Council determination or the expiration of ninety (90) days after the forwarding of such a list and description to the City Council without determinations having been made, whichever comes first.
2. 
The City Council, within ninety (90) days after receipt of said list and description, shall determine and advise the municipal agency of the procedure to be followed and may suggest conditions of approval, if any, to adequately protect the City.
3. 
In the event that the municipal agency is required by statute to act on the application prior to receipt of the City Council determination as to installation and/or payment of pro rata share of off-tract improvements, it shall request the applicant to consent to an extension of time, within which to act, of sufficient duration to enable the City Council to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the municipal agency shall, in its discretion, either itself determine the procedure to be followed in installation and/or payment of pro rata share of the aforesaid off-tract improvements or shall condition its approval upon the subsequent determination of the City Council.
4. 
The municipal agency shall only grant a preliminary approval until all off-tract improvements have been completed and approved by the appropriate municipal, County, State and/or Federal agency having jurisdiction thereover.
g. 
Implementation of Off-Tract Improvements.
1. 
In all cases, applicants shall be required to enter into an agreement with the City in regard to installation and/or payment of their pro rata share of off-tract improvements in accordance with this chapter and any other ordinances, policies, rules and regulations of Linden City, Union County, the State of New Jersey and any departments, authorities or agencies thereof deemed necessary.
2. 
Where properties outside the subject tract will be benefited by the improvements, the City Council may require the applicant to escrow sufficient funds in accordance with this chapter to secure the applicant's pro rata share of the eventual cost of providing future improvements and/or facilities based on the standards set forth herein.
3. 
General Improvement.
(a) 
Where properties outside the subject tract will benefit by the improvement, the City Council may determine that the improvement is to be installed by the City as a general improvement, the cost of which is to be borne as a general expense.
(b) 
If the City Council determines that the improvement shall be installed as a general improvement, the City Council may direct the municipal agency to estimate, with the aid of the engineer of the municipal agency or such other persons who have pertinent information or expertise, the amount (if any) by which the total cost thereof will excess the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the applicant shall be liable to the City for such expense.
(c) 
If the City Council determines that the improvement shall be installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvement in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the applicant may be required to sign an agreement acknowledging and agreeing to this procedure. In addition, the City Council may require that the applicant be liable to the City in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement, the difference between the total amount by which all properties, including the subject tract, are specially benefited by the improvement as may be determined by the City.
4. 
If the City Council determines that the improvement is to be installed by the applicant, such agreement may contain provisions consistent with the standards in this chapter and any other ordinances, rules, regulations or policies of the City of Linden, County of Union, the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the City or otherwise as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the City Council and the applicant.
5. 
In determining the procedures to be followed in the event of the submission of a list and request from the municipal agency, the City Council shall be guided by the following:
(a) 
The local trends in regard to the potential of development within the drainage or circulation area in question and the intensity of such development.
(b) 
The risk or exposure that neighboring areas are subject to in the event that required improvements are delayed.
(c) 
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvements and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the City in which the same is located.
(d) 
The extent to which the health, safety and welfare of both present and future municipal residents depend upon the immediate implementation of the off-tract improvement.
(e) 
Provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as it now exists or as it may hereafter be amended.
[Ord. No. 62-7]
a. 
Permitted Use. The residential occupancy of an otherwise lawful and lawfully occupied dwelling for a period of thirty (30) days or less be a person who is a member of the housekeeping unit of the owner, without consideration, such as house guests, is permitted.
b. 
Prohibitions. No person shall undertake, maintain, authorize, aid, facilitate, solicit and advertise any rental activity that violates any part or provisions of this section.
c. 
Short-Term Rental Property. Notwithstanding anything to the contrary in the City Code, it shall be unlawful for any person, including, but not limited to, an owner, lessor, and sublessor with any possessory interest in any dwelling, to received compensation of any kinds for the use, occupancy, or rental of any dwelling for a period of thirty (30) days or less.
[Added 6-15-2021 by Ord. No. 65-25]
[Added 6-15-2021 by Ord. No. 65-25]
This section is titled the "Telecommunications Facilities in the Public Right-of-Way", and amends all applicable provisions of the City of Linden Revised General Ordinances, and any existing local laws, rules, orders, resolutions and ordinances relating to the subject matter of this section.
[Added 6-15-2021 by Ord. No. 65-25]
It is the intent of this subsection of Chapter 31 Zoning of the Revised General Ordinances to regulate the placement of telecommunications equipment, including poles, towers, antennas and other infrastructure located on Municipal Rights-of-Way. The placement of telecommunications equipment outside of the Municipal Right-of-Way shall be governed by Chapter 31, Zoning, § 31-28, Wireless Telecommunications Towers and Antennas.
[Added 6-15-2021 by Ord. No. 65-25]
ADMINISTRATIVE REVIEW
Means ministerial review of an application by the City relating to the review and issuance of a permit, including review by the Construction Official, Zoning Officer, Director of Public Works, wireless consultants with knowledge beyond the expertise of City personnel, or other City staff or designees to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter. Administrative permit issuance is non-discretionary and based on whether an application is in conformity with the provisions of this section, as well as any other applicable local, state and federal laws and regulations governing small cell deployment. This process does not involve the exercise of discretion.
ANTENNA
Means communications equipment that transmits and/or receives over-the-air electromagnetic signals used in the provision of Wireless Services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
APPLICABLE CODES
Means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the City or otherwise are applicable in the jurisdiction.
APPLICANT
Means a person who submits an application under this section.
APPLICATION
Means a written request submitted by an Applicant to the City for a Permit (i) to locate or collocate, or to modify, a Communications Facility underground or on any existing support structure, pole, or tower, or (ii) to construct, modify or replace a new support structure, pole or tower or any other structure on which a Communications Facility will be collocated.
CITY
Means the City of Linden, or any agency, department, district, subdivision or any instrumentality thereof, including, but not limited to public utility districts, or municipal electric utilities. The term shall not include courts of the State having jurisdiction over the City or any entities that do not have zoning or permitting authority or jurisdiction. The City may hereinafter be referred to as the "City", "the City of Linden", "Linden" or "the City."
CITY POLE
Means a pole owned, managed or operated by or on behalf of the City.
COLLOCATE
Means to install, mount, maintain, modify, operate and/or replace a Communications Facility on an existing support structure, pole, or tower or any other structure capable of supporting such Communications Facility. "Collocation" has a corresponding meaning. The term does not include the installation of a new utility pole, tower or support structure in the public right-of-way.
COMMUNICATIONS FACILITY
Means, collectively, the equipment at a fixed location or locations that enables communication between user equipment and a communications network, including: (i) radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and (ii) all other equipment associated with any of the foregoing. A Communications Facility does not include the pole, tower or support structure to which the equipment is attached.
COMMUNICATIONS SERVICE PROVIDER
Means a cable operator, as defined in 47 U.S.C. § 522(5), a provider of information service, as defined in 47 U.S.C. § 153(24); or a provider of telecommunications service, as defined in 47 U.S.C. § 153(53); or provider of fixed wireless or other wireless services as defined in 47 U.S.C. § 332(c)(7)(C)(i).
DECORATIVE POLE
Means a City pole that is specially designed and placed for aesthetic purposes.
DEPLOYABLE
Means a portable, self-contained Wireless Facility that can be moved to a specified location or area and provide Wireless Services on a temporary or emergency basis such as a "cell on wheels" or "COW," "cell on light truck" or "COLT," tethered balloon, tethered drone or other unmanned device.
DISCRETIONARY REVIEW
Means review of an application by the City relating to the review and issuance of a permit, that is other than an Administrative Review. Discretionary Review involves discretion on the part of the City (subject to any applicable limits on such discretion) in determining whether to issue a permit and may be subject to one or more public hearings or meetings.
ELIGIBLE FACILITIES REQUEST
Means an eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3), as may be amended from time to time.
FCC
Means the Federal Communications Commission of the United States.
FEE
Means a one-time, nonrecurring charge, whether a fixed amount or cost-based amount based on time and expense.
HISTORIC PROPERTY
Means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C) or established pursuant to state historic preservation law.
LAWS
Means, collectively, any and all Federal, State, or local law, statute, common law, code, rule, regulation, order, or ordinance.
ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT
Means (i) with respect to a Communications Facility and/or the associated support structure, pole or tower, inspections, testing, repair and modifications that maintain functional capacity, aesthetic and structural integrity, and (ii) with respect to a Communications Facility only, the replacement or upgrade of antennas and/or other components of the Communications Facility (specifically, such as a swap out or addition of small cell antennas and radio equipment as required by the applicant), with antennas and/or other components substantially similar, in color, aggregate size and other aesthetics to that previously permitted by the City (and/or consistent with the same height and volume limits for Wireless facilities under this Chapter), so long as the support structure, pole, or tower will structurally support, or prior to installation will be modified to support, the structural load. Modifications are limited to by the structural load analysis supplied by the Applicant to the City, and by the volume limits in § 31-50.2.8, Design Standards. Modifications beyond the foregoing must be requested in writing by the applicant and are subject to discretionary approval by the City.
PERMIT
Means a written authorization (in electronic or hard copy format) required by the City to initiate, continue, or complete installation of a Communications Facility, or an associated support structure, pole, or tower.
PERSON
Means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.
POLE
Means a pole, such as a utility, lighting, traffic, or similar pole, made of wood, concrete, metal or other material, located or to be located within the public right-of-way or utility easement. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached unless the City grants a waiver for such pole. The term does not include electric transmission poles or structures. A pole does not include a tower or support structure.
PROVIDER
Means a Communications Service Provider or a Wireless Provider.
PUBLIC RIGHT-OF-WAY, PUBLIC ROW or MUNICIPAL ROW
Means the area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, but not including a federal interstate highway or other area not within the legal jurisdiction, or within the legal ownership or control of the municipality.
RATE
Means a recurring charge.
REPLACE or REPLACEMENT
Means, in connection with an existing pole, support structure or tower, or Communications Facility, as the case may be, to replace (or the replacement of) same with a new structure, similar in design, size and scale to the existing structure and in conformance with current City building code, zoning provisions and other applicable regulations, in order to address limitations of, or change requirements applicable to, the existing structure to structurally support collocation of a communications facility. In connection with replacement of a pole or tower to support collocation of a Wireless Facility, similarity in size and scale shall be evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7).
SMALL WIRELESS FACILITY
Means a Wireless Facility that meets both of the following qualifications: (i) each wireless provider's antenna (including, without limitation, any strand-mounted antenna) could fit within an enclosure of no more than three cubic feet in volume; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated, ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for connection of power and other services. The following additional parameters apply to Small Wireless Facilities: (i) total height of Small Wireless Facility and supporting structure is less than 50 feet, or the Small Wireless Facility is mounted on structures no more than 10% taller than adjacent structures, or the Small Wireless Facility does not extend the existing structure to a height of greater than 50 feet or by more than 10% of the original height, whichever is greater.
STATE
Means the State of New Jersey.
SUPPORT STRUCTURE
Means a building, a billboard, a water tank or any other structure to which a communications facility is or may be attached. Support structure does not include a pole or a tower.
TOWER
Means any structure built for the sole or primary purpose of supporting a Wireless Facility, such as a self-supporting tower, a monopole, a lattice tower or a guyed tower. Tower also includes a structure designed to conceal from the general public the Wireless Facility. A tower does not include a pole or a support structure.
UTILITY EASEMENT
Means the area on, below, or above privately-owned property that has been designated for use as or is used for a specific utility purpose (such as for electric, cable or other utility purpose), and is evidenced by a recorded instrument in the public land records pursuant to a recorded plat, easement or right of way or is otherwise a legally enforceable easement, and does not include any portion of a public right-of-way.
WIRELESS FACILITY
Means a Communications Facility installed and/or operated by a wireless provider. The term does not include: (i) the support structure, tower or pole on, under, or within which the equipment is located or collocated; or (ii) coaxial, fiberoptic or other cabling that is between Communications Facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A Small Wireless Facility is one example of a Wireless Facility.
WIRELESS INFRASTRUCTURE PROVIDER
Means any person, including a person authorized to provide telecommunications service in the State, that builds or installs and/or operates Wireless Facilities or poles, towers or support structures on which Wireless Facilities are or are intended to be used for collocation, but that is not a Wireless Services provider.
WIRELESS PROVIDER
Means a Wireless Infrastructure Provider or a Wireless Services Provider.
WIRELESS SERVICES
Means any wireless services including, without limitation, personal wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i), fixed wireless and other wireless services.
WIRELESS SERVICES PROVIDER
Means a person who provides Wireless Services.
[Added 6-15-2021 by Ord. No. 65-25]
a. 
Applicability. Except as otherwise provided herein, the placement, installation, modification, replacement, repair and upgrade of any Communications Facilities, including Small Wireless Facilities, as well as the associated poles, towers or support structures, in the public right-of-way shall be governed by this section.
b. 
Notice Prior to Any Work.
1. 
Hoplite Communications, LLC, ("Hoplite") has been adopted by resolution by the City as the wireless telecommunications consultant.
2. 
Hoplite will be the primary point of contact for the City for all matters pertaining to this section.
3. 
No action, application, installation, upgrade, maintenance, repair, replacement or, modifications by applicant contemplated by this section shall be commenced without first giving notice to Hoplite.
4. 
This notice requirement pertains to all work, including ordinary maintenance, repairs, upgrades and like-for-like equipment swap outs.
c. 
Municipal agreement. Prior to receiving a permit to install a Communications Facility in the public ROW, each applicant shall be required to enter into a Municipal Agreement (e.g., Right-of-Way Access Agreement, Pole Attachment Agreement, License Agreement) between the City and the applicant, on terms and conditions substantially the same for all applicants and existing occupants of the public ROW. The terms and conditions of such Municipal Agreement will include the following:
1. 
Fees and Rates. The applicant will pay the following fees and rates, as consideration to the City for the Municipal Agreement and also as a condition precedent for the issuance of a permit or permits to install the applicable Communications Facilities in the public right-of-way:
(a) 
Application or One-Time Fees. Applications submitted by a Wireless Provider or any other Communications Service Provider to the City shall be paid upon submission of the application and will include the following:
(1) 
Construction Permit (including building and electrical subcodes, and any other applicable codes or subcodes), per statutory fees established by uniform construction code regulations contained in N.J.A.C. 5:23.
(2) 
Zoning Permit, if applicable, per City zoning ordinance and the provisions of this section.
(3) 
Street Opening Permit, if applicable, per City Code Chapter 15, Streets and Sidewalks, and the provisions of this section.
(4) 
Telecommunications Consultation and Review performed by Hoplite Communications, LLC, at the rate of $350/hour, not to exceed three hours per site, and to include permit review, construction oversight for code and zoning compliance and post-installation inspection to ensure compliance with applicable land use and legal requirements, said fees representing a reasonable approximation of the objectively reasonable costs associated with said review and inspection of the proposed Communications Facility and all associated permits, documentation and applications thereof.
(5) 
Engineering Review by an outside consultant, as needed, at a rate determined by the City and the engineer.
(6) 
City Presence: Applicant will be responsible for any one-time fees associated with the City Department of Public Works and police department presence during the installation, modification, repair and upgrade of Communications Facilities, including for necessary street closures, traffic diversion and other protocols and measures necessary to ensure the safety of the public right-of-way during any proposed work. Such fees shall be assessed according to customary pay scales charged to other companies for similar scopes of work in the public right-of-way.
(7) 
Reasonable approximation: All one-time event fees will be a reasonable approximation of objectively reasonable costs.
(8) 
One- time fees apply to all work: One-time fees and event fees apply to the initial installation of facilities as well as to any subsequent upgrade, repair, replacement, modification or alteration of same.
(9) 
Separate and distinct from rates: One-time fees for subsequent upgrade, repair, maintenance, replacement, or modification of Small Wireless Facilities are separate and distinct from the recurring access and attachment rates described in § 31-50.2.1c1(b) and (c).
(10) 
Not exhaustive: The aforementioned paragraphs (1) through (9) are not intended to be a complete list of potential one-time fees. Additional one-time fees may be required and shall be a reasonable approximation of objectively reasonable costs.
(b) 
Annual ROW Occupancy Rate, for non-exclusive occupancy of the public ROW by the applicant, $270 shall be paid for each Small Wireless Facility site within 30 days of the issuance of the applicable permit and annually thereafter, with payment being due on the anniversary of the first payment date for the balance of the term. However, under no circumstances shall the rate be remitted later than 90 days after the full execution of the applicable Municipal Agreement between City and applicant.
(c) 
Annual Attachment Rate, equal to an amount that represents a reasonable approximation of the objectively reasonable costs incurred by the City for the attachment of each Small Wireless Facility to City-owned structures in the public right-of-way. This amount shall be paid within 30 days of issuance of the applicable permit(s) and annually thereafter.
(d) 
Generally Applicable Fees, such as those required for electrical permits, building permits, or street opening permits, shall be paid by applicant as required in the applicable provisions of the Revised General Ordinances of the City.
(e) 
All fees and rates will be applied in a non-discriminatory manner to all telecommunications providers.
(f) 
The applicant, or person who owns or operates the Communications Facility installed in the public ROW (including, without limitation, on the city pole) may remove its facilities at any time from the public ROW, upon not less than 30 days prior written notice to the City and may cease paying to the City any applicable fees and rates for such use, as of the date of actual removal of the facilities.
(g) 
Make-Ready Fee, shall be determined on a site-specific, engineering basis, for work reasonably necessary to make a particular city pole suitable for attachment of the applicable Communications Facility shall be paid upon submission of the application as more particularly described in § 31-50.2.3e.
d. 
Other Terms.
1. 
Term. Unless otherwise agreed to in writing by the City and applicant, the agreement term shall be 10 years.
2. 
Safety and accessibility. The applicant will demonstrate compliance with applicable safety and accessibility requirements, including those under Americans with Disabilities Act ("ADA"), OSHA and similar laws.
3. 
The Municipal Agreement shall include, as an appendix thereof, a schedule containing the location of all proposed Small Wireless Facilities in the public right-of-way. Said locations shall be as specific as possible and shall include, but not be limited to, latitude, longitude, the nearest proximate address, cross streets as well as lot and block numbers, if available. Applicants shall also provide for inclusion in the Municipal Agreement information indicating the horizontal and approximate vertical location, relative to the boundaries of the public ROW, of all equipment which it owns or over which it has control and which is located in any public Right-of-Way. Mapping data shall be provided for the City and in the format requested by the City engineer for inclusion in the mapping system used by the City engineer.
4. 
RF Safety Reports. Applicant shall provide, within a week of request, a copy of a health and safety report evidencing compliance with FCC requirements concerning electromagnetic radiation emissions, and which will reflect the current configuration of the Small Wireless Facilities in question. After any modification, enhancement or addition to a Small Wireless Facility that modifies that facility's electromagnetic profile, applicant will provide an updated health and safety report which reflect the most recent electromagnetic emissions levels.
5. 
Indemnification and Insurance Requirements. Insurance. The applicant shall at all times maintain a comprehensive liability insurance policy with a single amount of at least $1,000,000 covering liability for any death, personal injury, property damage or other liability arising out of the construction and operation contemplated herein, and an excess liability policy (or "umbrella") policy amount in the amount of $5,000,000. Prior to the commencement of any work pursuant to this agreement, the applicant shall file with the City, a Certificate(s) of Insurance with endorsements evidencing the coverage provided by said liability and excess liability policies. The City shall notify applicant within 15 days after the presentation of any claim or demand to the City, either by suit or otherwise, made against the City on account of any of applicant or its subcontractors, agents, employees, officers, servants, designees, guests and invitees, activities pursuant to the rights granted in this agreement.
Indemnification. Applicant, its successors, assigns, contractors, sub-contractors, agents, servants, officers, employees, designees, guests and invitees, hereby indemnify, defend and hold harmless the City, its successors and assigns, elected officials, officers, employees, servants, contractors, designees and invitees from and against any and all personal injury and property damage claims, demands, suits, actions at law or equity or otherwise, or related judgments, arbitration determinations, damages, liabilities, decrees of any person(s) or entities claiming to be or being harmed as a result of applicant's actions under this agreement and costs in connection therewith. This indemnification shall specifically include, but not be limited to, any and all costs, reasonable attorneys' fees, court costs and any other expenses that may be incurred by the City in connection with any and all claims, demands, suits, actions at law or equity or otherwise and/or arbitration proceedings which may arise in connection with applicant's activities pursuant to the rights granted in this agreement.
6. 
Reliable 24/7 Emergency Notification Contact Information will be provided by the applicant to the City and incorporated into the agreement.
7. 
Additional Agreement Terms: Additional terms, such as for termination, assignment and sublicensing rights, shall be as negotiated between the applicant and City.
8. 
Nondiscriminatory. Applications will be processed on a nondiscriminatory basis.
[Added 6-15-2021 by Ord. No. 65-25]
a. 
Permitted Use. The following uses within the public ROW shall be a permitted use, subject to the entering into of a Municipal Agreement between applicant and City as set forth in § 31-50.2.1c above, and Administrative Review and the issuance of a permit as set forth in this § 31-50.2.2. All such uses shall be in accordance with all other applicable provisions of this Chapter, including without limitation, those set forth in § 31-50.2.5 below.
1. 
Collocation of a Small Wireless Facility or a collocation that qualifies as an Eligible Facilities Request.
2. 
Modification of a pole, tower or support structure or replacement of a pole, for collocation of a Communications Facility that qualifies as an Eligible Facilities Request or involves a Small Wireless Facility that does not exceed the maximum limitations set forth in § 31-50.2.3.
3. 
Construction of a new pole or a monopole tower (but no other type of tower) to be used for collocation of a Small Wireless Facility that does not exceed the maximum height and other applicable design standards set forth in this section.
4. 
Construction of a Communications Facility, other than those set forth in paragraphs 1, 2 or 3, involving the installation of coaxial, fiber-optic or other cabling, that is installed underground (direct buried or in conduit) or aboveground between two or more poles or a pole and a tower and/or support structure, and related equipment and appurtenances.
5. 
The City reserves and retains the right to subject any installation or modification contemplated in this section as well as in this section to Discretionary Approval, subject to the sixty- and ninety-day Shot Clock guidelines of FCC-18-133A. This may include public hearings and zoning board of adjustment approval. The Shot Clock guidelines will be adhered to for Discretionary Approvals unless compelling and extraordinary circumstances suggest otherwise.
6. 
All other installations, modifications and replacements not subject to Administrative Review and that do not qualify as a permitted use are subject to Discretionary Review under Chapter 31, Zoning, as described in § 31-50.2.4 of this section.
b. 
Permit Required. No Person shall place any facility described in § 31-50.2.2a above in the public ROW without first filing an application for same and obtaining a permit thereof, except as otherwise expressly provided in this section.
c. 
Proprietary or Confidential Information in Application. The City shall make accepted Applications publicly available. Notwithstanding the foregoing, applicant may designate portions of its Application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the City shall treat the information as proprietary and confidential, subject to applicable State and local "freedom of information" or "sunshine" Laws and the City's determination that the Applicant's request for confidential or proprietary treatment of an Application material is reasonable. Confidential and proprietary information shall not include any information which is by law, regulation, ordinance or this section, open and available for public inspection, including proposed Communications Facilities site location.
d. 
Administrative Review Application Requirements. The application shall be made by the applicable provider or its duly authorized representative and shall contain the following:
1. 
The applicant's name, address, telephone number, and e-mail address, including emergency contact information for the applicant.
2. 
The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.
3. 
A general description of the proposed work and the purposes and intent of the proposed facility or facilities. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed.
4. 
Detailed construction drawings regarding the proposed facility, as further specified in codebook Chapter 31, Zoning, and the Uniform Construction Code of the State of New Jersey.
5. 
Demonstration of compliance with RF health and safety measures, as established by the TCA and FCC, via an RF Health and Safety Report. Applicant may utilize the RF Safety Reports provided in connection with the Municipal Agreement, as described in § 31-50.2.1d4, for its applications for Administrative Review and permit issuance.
6. 
Applicant shall demonstrate compliance with the § 31-50.2.8, Design Standards, as they pertain to appearance, siting and height of the proposed Communications Facilities and their support poles, towers or other structures.
7. 
To the extent the proposed facility involves collocation on a pole, tower or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower or support structure will structurally support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.
8. 
Applicant shall demonstrate compliance with applicable environmental, historical and landmark laws, rules and regulations, including SHPO and NEPA approval, as needed or applicable, including obtaining any necessary permits and approvals from the appropriate local, state or federal department, agency or other governing body.
e. 
Ordinary maintenance, repair and replacement. Ordinary maintenance and repairs shall be subject to the provisions of § 31-50.2.1b and c, including notification to Hoplite of any proposed work, repairs, replacement and modification. This will include coordination with the City DPW and Police Department for necessary street closures and safety protocols, as well as the payment of any required fees required under § 31-50.2.1a above.
f. 
Information updates. Any material change to information contained in an application shall be submitted in writing to the City within 30 days after the change necessitating the change.
g. 
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this section shall be accompanied by the fees required under § 31-50.2.1a above.
[Added 6-15-2021 by Ord. No. 65-25]
a. 
Review of Applications for Administrative Review.
1. 
The City shall review the application in light of its conformity with applicable provisions of this section, and shall issue a permit on nondiscriminatory terms and conditions, subject to the following requirements:
(a) 
Within 30 days of receiving an application, the City must determine and notify the applicant whether the application is complete; or if an application is incomplete. The City must specifically identify the missing information, and may toll the approval interval in § 31-50.2.3a1(d) below. The applicant may resubmit the completed application and the subsequent review will be limited to the specifically identified missing information subsequently completed, except to the extent material changes to the proposed facility have been made by the applicant (other than those requested or required by the City) in which case a new application and application fee for same must be submitted; and
(b) 
If, within 10 days of receiving an application, the City determines that said application is incomplete and notifies the applicant, then the sixty- or ninety-day approval interval the City has for making a final decision shall be reset upon submission by applicant of a new Application containing the missing and incomplete information. The City will then have the full sixty- or ninety-day approval interval, as applicable, to render its final decision on the application.
(c) 
If, within more than 10 days but less than 30 days of receiving an application, the City determines that said application is incomplete and notifies the applicant, then the approval interval specified in § 31-50.2.3a1(d) below shall toll until the applicant submits an application containing the missing and incomplete information.
(d) 
The City must make its final decision to approve or deny the application within 60 days for a collocation, and 90 days for any new structure, after the application is complete (or deemed complete);
(e) 
The City must advise the applicant in writing of its final decision, and in the final decision document the basis for a denial, including referencing specific code provisions and/or regulations upon which the denial was based, including any federal law, or local or state laws and regulations, provided said local and state laws and regulations do not conflict with federal law. Denial may include lack of conformity with City the zoning code as well as local, state and federal environmental, landmark and historical regulations. A decision to deny an application shall be in writing and supported by clear evidence contained in a written record, publicly released, and sent to the applicant. The written decision, supported by such substantial evidence, shall constitute final action by the City. The review period or "shot clock" shall run until the written decision, supported by substantial evidence, is released and sent to the Applicant contemporaneously. The subsequent review by the City shall be limited to the deficiencies cited in the original denial and any material changes to the application made to cure any identified deficiencies.
b. 
Undergrounding Provisions. The City shall administer undergrounding provisions in a non-discriminatory manner. It shall be the objective of the City and all public ROW occupants to minimize disruption or discontinuance of service of all kinds to consumers, through mutual obligation to coordinate and timely complete such projects. An occupant shall comply with nondiscriminatory City undergrounding requirements that 1) are in place and published prior to the date of initial filing of the application, and 2) prohibit electric, telecommunications and cable providers from installing above-ground horizontal cables, poles, or equivalent vertical structures in the public ROW; and the City may require the removal of overhead cable and subsequently unused poles. In areas where existing aerial utilities are being moved underground, wireless providers shall retain the right to remain in place, under their existing authorization, by buying out the ownership of the pole(s), subject to the concurrence of the pole owner and consent of the City (which consent may not be unreasonably withheld, conditioned or delayed) or, alternatively, the wireless provider may reasonably replace the existing pole(s) or vertical structure locations for antennas and accessory equipment, as a permitted use, within 50 feet of the prior location, unless a minimally greater distance is necessary for compelling public welfare. In neighborhoods or areas with existing underground utilities that do not have Small Wireless Facilities deployed as a permitted use, a new entrant wireless provider applying after utilities have been placed underground shall first seek existing vertical structure locations, if technically feasible for the wireless service to be deployed. To the degree such vertical structures are not available, and upon receiving an approved permit, the applicant shall be entitled to place poles or vertical structures as necessary to provide the wireless service using vertical structures commensurate with other vertical structures in the neighboring underground utility area. In neighborhoods or areas with existing underground utilities that do have Small Wireless Facilities deployed as a permitted use, a new entrant wireless provider applying after utilities have been placed underground shall first seek existing vertical structure locations, if technically feasible for the wireless service to be deployed. To the degree such vertical structures are not available, and upon receiving an approved permit, the applicant shall be entitled to place poles or vertical structures as necessary to provide the wireless service using vertical structures commensurate with other vertical structures of wireless providers in the neighboring underground utility area. In neighborhoods with underground utilities, whether being converted from overhead utilities or initially underground, microwireless devices, typically strand- mounted, shall be treated like other Small Wireless Facilities in the public ROW, requiring permitted use status, and subject to non-recurring and recurring fees and rates.
c. 
Effect of Permit.
1. 
Authority Granted; No Property Right or Other Interest Created. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this section, and does not create a property right or grant City to the applicant to impinge upon the rights of others who may already have an interest in the public ROW.
2. 
Duration. Any permit for construction issued under this § 31-50.2 shall be valid for a period of six months after issuance, provided that the six-month period shall be extended for up to an additional six months upon written request of the applicant (made prior to the end of the initial six month period) if the failure to complete construction is delayed as a result of circumstances beyond the reasonable control of the applicant.
d. 
Removal, Relocation or Modification of a Communications Facility in the ROW.
1. 
Notice. Within 90 days following written notice from the City, a provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any Communications Facility within the public ROW whenever the City has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the public ROW. The City shall apply the same standards to all utilities in the public ROW.
2. 
Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut power to or move any Communications Facility located within the public ROW of the City, as the City may determine to be necessary, appropriate or useful in response to any public welfare emergency, or safety emergency. If circumstances permit, the City shall notify the provider and provide the provider an opportunity to move its own facilities prior to cutting power to or removing the Communications Facility and in all cases shall notify the provider after cutting power to or removing the Communications Facility as promptly as reasonably possible.
3. 
Abandonment of Facilities. A provider is required to notify the City of abandonment of any Communications Facility at the time the decision to abandon is made, however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the City shall direct the Provider to remove all or any portion of the Communications Facility if the City determines that such removal will be in the best interest of the public safety and public welfare. If the provider fails to remove the abandoned facility within 60 days after such notice, the City may undertake to do so and recover the actual and reasonable expenses of doing so from the provider, its successors and/or assigns.
4. 
Structural Reconditioning, Repair and Replacement. From time to time, the City may paint, recondition, or otherwise improve or repair the City poles in a substantial way ("Reconditioning Work"). The provider shall reasonably cooperate with the City to carry out Reconditioning Work activities in a manner that minimizes interference with the provider's approved use of the facility.
(a) 
Prior to commencing Reconditioning Work, the City will use reasonable efforts to provide the Provider with at least 120 days prior written notice. Upon receiving that notice, it shall be the provider's sole responsibility to provide adequate measures to cover, remove, or otherwise protect the provider's Communications Facility from the consequences of the Reconditioning Work, including but not limited to paint and debris fallout. The City reserves the right to require the provider to remove all of the provider's Communications Facility from the City pole and surrounding premises during Reconditioning Work, provided the requirement to remove same is contained in the written notice required by this subsection. All cost associated with the protection measures, including temporary removal, shall be the sole responsibility of the provider. If the City fails in good faith to give notice of less than 120 days notice, it will not affect the City's rights under this subsection. In all cases, as much notice as possible should be provided, but in no case less than 30 days notice shall be provided. The City will provide the provider with a date by which its equipment must be protected or removed.
(b) 
The provider may request a modification of the City procedures for carrying out Reconditioning Work in order to reduce the interference with provider's operation of its Communications Facility. If the City agrees to the modification, the provider shall be responsible for all reasonable incremental cost related to the modification. If the City poles need to be replaced ("Replacement Work"), the City shall provide provider with at least 120 days written notice to remove its Communications Facilities. The City shall also promptly notify provider when the City Poles have been replaced and provider may re-install its equipment. During the Replacement Work, the provider may maintain a temporary Communications Facility on the property, or after approval by City, on any land owned or controlled by City, in the vicinity of the property. If the property will not accommodate the provider's temporary Communications Facility or if the parties cannot agree on a temporary location, the provider, at its sole option, shall have the right to suspend the applicable permit, until the replacement pole is installed, upon 30 days written notice to the City. If the City poles need to be repaired due to storm or other damage ("Repair Work"), the City shall notify the provider to remove its Communications Facilities as soon as possible. In the event of an emergency, the City shall contact the provider by telephone at its emergency contact of record upon or prior to removing the provider's equipment. Once the City poles have been replaced or repaired, the City will promptly notify the provider that it can reinstall its equipment. During City Repair Work, the provider may maintain a temporary Communications Facility on the property, or after approval by provider, on any land owned or controlled by the City in the vicinity of the property. All cost associated with any removal or protection of Communications Facilities shall be the sole responsibility of the provider, except to the extent caused by third-parties or the City.
e. 
Attachment to City Poles in the Public ROW.
1. 
Make-Ready. For any attachment to City Poles in the public ROW, the City shall provide a good faith estimate for any make-ready work necessary to enable the City pole to support the proposed facility, including replacement of the pole if necessary, within 60 days after receipt of a completed application requesting attachment to the City pole. Make-ready work including any pole replacement shall be completed within 120 days of written acceptance of the good faith estimate by the provider. Such acceptance shall be signified by payment via check or other commercially reasonable and customary means specified by the City.
[Added 6-15-2021 by Ord. No. 65-25]
a. 
Discretionary Review Required. All other uses not expressly set forth or referenced in § 31-50.2.2a above shall require compliance with, and issuance of a permit under § 31-28, Wireless Telecommunications Towers and Antennas, and the district zoning regulations of the City.
[Added 6-15-2021 by Ord. No. 65-25]
a. 
General Principles.
1. 
The City shall have the power to establish reasonable and nondiscriminatory limitations on the placement of new or additional facilities within specific congested segments of the public ROW if there is insufficient space to accommodate all of the requests of applicants or other persons to occupy and use the public ROW. In making such decisions, the City shall to the extent possible accommodate all existing users and potential users (i.e. those who have submitted an application to deploy facilities within the public ROW) of the public ROW, and shall be guided primarily by considerations of the public interest, the width and physical condition of the public ROW, the time of year with respect to essential utilities, the protection of existing facilities in the public ROW and established plans for public improvements and development projects which have been determined to be in the public's interest.
2. 
Leasing of excess space in ducts, conduits and on a pole is a matter between interested parties (subject to any applicable pole attachment regulations and any other applicable statutory, regulatory or contractual obligations); however, lessees or licensees of such physical facilities must still comply with the terms of this section, unless otherwise expressly exempted by the City.
3. 
An occupant of the public ROW shall employ due care during the installation and maintenance process, and comply with all safety and public ROW-protection requirements of applicable Federal, State and local Laws (and any generally applicable City guidelines, standards and practices), and any additional commonly accepted safety and public ROW protection standards, methods and devices (to the extent not inconsistent with applicable laws). All facilities under the streets of the City shall be kept and maintained in a safe and well-ordered condition, and in good order and repair.
(a) 
Any permittee occupying any portion of the public ROW shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs and lights appropriate to the level of complexity of the activity in order to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Manual on Uniform Traffic Control Devices.
(b) 
Occupants of the public ROW with open excavations awaiting final restoration shall maintain all devices until the City notifies the occupant in writing that the City or the City's designated contractor is assuming responsibility for traffic control.
(c) 
Each occupant shall designate a safety officer. The safety officer shall be responsible for safety-related issues affecting both the public and the occupant's field employees and contractors for all job sites within the public ROW.
4. 
Location of Existing Facilities.
(a) 
An occupant of the public ROW shall not place any fixtures or equipment where the same will interfere with any existing facility, and shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any public ROW.
(b) 
To minimize disruption of public passage or infrastructure, to forestall or relieve overcrowding of the public ROW, or to protect Historic Property or environmentally sensitive areas, the City may require, as a condition of issuing any permit for placement of underground facilities that the occupant place empty conduits in excess of its own present and reasonably foreseeable requirements for the purpose of accommodating the City's use. The occupant shall cooperate with the City in any such construction, provided that the City has first notified the occupant in writing that it is interested in sharing the trenches or bores in the area where the construction is occurring. The occupant shall allow the City to place its infrastructure in the occupant's trenches and bores as requested by the City, provided that the City incurs an incremental share of the costs of trenching, boring, and placing the conduit/infrastructure. The City shall be responsible for maintaining is facilities buried in the trenches and bores or otherwise placed in the public ROW under this subsection.
(c) 
Before beginning excavation in any public ROW, an occupant shall contact the regional notification center for subsurface installations (One-Number Locator Service) to determine possible conflicts.
5. 
Relocation of Existing Facilities.
(a) 
If relocation of facilities is required as a result of any public project, the City shall provide the greatest practical advance notice to the affected occupants of the public ROW and shall facilitate the greatest reasonable project coordination among the affected occupants, whereas coordinated sequencing dependencies are common. Generally, projects of greater scale and scope will have a longer planning horizon, and commensurate notice.
(b) 
The objective of the relocation process recognizes the mutual obligations and responsibilities of the City and the public ROW occupants to avoid or minimize service disruption and to timely and economically complete the public project. Public ROW occupants are obligated to proceed with diligent speed and attention so as to not unreasonable delay or complicate a public project.
(c) 
As general guidance, projects involving a public project of greater than $100,000, or more than 10 utility poles, or more than 1,000 frontage feet of public roadway would be smaller projects; and projects greater than any of the above would be larger projects. A reasonable, general expectation is that that smaller projects would provide 90 days' notice, and larger projects would provide 180 days' notice to complete the relocation of the public ROW occupants.
(d) 
Unless otherwise provided by applicable laws, the occupant, at no cost to the City, shall accomplish the necessary relocation within a reasonable time from the date of the notification, but, in no event, no later than seven days prior to the date the City has notified the occupant that it intends to commence its work which mechanically requires the occupant's relocation, or immediately in the case of emergencies. With as much notice as possible, but in no event less than 180 days following written notice from the City, a provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any Communications Facility.
(e) 
Facility within the public ROW whenever the City has determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance or installation of any City improvement in or upon, or the operations of the City in or upon, the public ROW. The City will use its best efforts to accommodate the provider's request for relocation of the Communications Facility.
(f) 
Except as provided in § 31-50.2.5a4(b), the City may not directly or indirectly require an applicant to perform services unrelated to the Communications Facility or support structure for which approval is sought, such as in-kind contributions, except reserving fiber, conduit or pole space for the City. Notwithstanding the foregoing, an applicant may offer in-kind contributions related to Communications Facility or support structure for which approval is sought, on a reasonable and nondiscriminatory basis, including by contributing the cash value of an in-kind contribution already provided by another party.
6. 
In the event of an emergency where any Communications Facility in the public ROW creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of such Communications Facility, and charge the occupant for actual and reasonable costs incurred. The City shall engage the emergency contact information of record or best available, if possible, for prior notice, and if not possible because of emergent and imminent danger, shall notify the occupant promptly afterwards. Ten days after notification as outlined in this subsection, the City may remove any Communications Facilities that obstructs the progress of a public project. All costs associated with any removal or protection of communications equipment shall be the sole responsibility of the provider.
7. 
Abandonment of Facilities.
(a) 
Any occupant of the public ROW that intends to permanently discontinue use of any facilities within the public ROW shall notify the City in writing within 30 days prior to abandonment. Such notice shall describe the facilities for which the use is to be discontinued, and the date of discontinuance of use. Upon notification, the City will choose from the following options within 14 days or any other agreed upon option, and so notify the occupant of its decision:
(1) 
Abandon the facilities in place and the occupant shall further convey full title and ownership of such abandoned facilities to the City. The occupant is responsible for all obligations of the facilities, or other associated liabilities until the conveyance to the City is completed; or
(2) 
The facilities shall be removed and the occupant shall be liable for removing the facilities at its own cost. If an occupant fails to remove facilities that the City requires it to remove, after 90 days notice to the occupant, the City may perform the work and shall be entitled to collect the cost from the occupant its successors and/or assigns.
b. 
Additional Requirements.
1. 
General. All deployments of Communications Facilities in the public ROW shall comply with the following:
(a) 
Compliance with ADA and other applicable Federal, State and local laws and standards.
(b) 
Pedestrian and vehicular traffic and safety requirements established by the City.
(c) 
Existing public ROW occupancy or management ordinances, not otherwise inconsistent with this section.
2. 
Additional permits. In addition to obtaining a Permit for installation of a Communications Facility in the public ROW, an applicant must obtain the following additional permits and approvals, as well as provide notice where indicated:
(a) 
Notification to Hoplite for all work contemplated in this section, pursuant to § 31-50.2.1.
(b) 
Construction Permit (including building and electrical subcodes), per statutory fees established by uniform construction code regulations contained in N.J.A.C. 5:23.
(c) 
Zoning Permit, as applicable, per this section and the City Chapter 31, Zoning code.
(d) 
Street Opening Permit, if applicable, per City Code Chapter 15, Streets and Sidewalks.
(e) 
Telecommunications Consultation and Review performed by Hoplite, to include permit review, construction oversight for code and zoning compliance and post-installation inspection to ensure compliance with the technical specifications.
(f) 
Engineering Review by an outside consultant, as needed.
(g) 
Discretionary Approvals: For Small Wireless Facilities applications not subject to Administrative Review, pursuant to the general and district zoning provisions of Chapter 31, Zoning Code.
3. 
Placement of facilities. The City engineer may assign specific corridors within the public ROW, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology that the City engineer expects will someday be located within the public ROW. All excavation, obstruction, or other permits issued by the City engineer involving the installation or replacement of facilities shall designate the proper corridor for the facilities.
c. 
Existing Utility Easements in the Public Right-of-Way.
1. 
Applicants will work with the City engineer to coordinate and protect existing utilities in the public ROW.
2. 
Applicants will coordinate with the City engineer all public safety considerations prior to and during installation in the public ROW to ensure public safety response in the case of gas line, water line or electric City disturbance.
[Added 6-15-2021 by Ord. No. 65-25]
Notwithstanding anything to the contrary in this section, the City may request that applicant install a Small Wireless Facility on a new decorative pole, or replace an existing decorative pole with a new decorative pole that is in keeping with the aesthetics of the existing decorative pole or the surrounding streetscape only upon satisfaction of the following additional requirements:
a. 
Issuance of a permit under § 31-50.2.2a above.
b. 
The new decorative pole, Small Wireless Facilities attachment and/or the replacement decorative pole is in keeping with the aesthetics of the decorative pole and surrounding streetscape in the judgement of the City.
[Added 6-15-2021 by Ord. No. 65-25]
An applicant seeking to construct, modify or replace a network of Communications Facilities may, at the applicant's discretion and subject to the City's approval, batch application requirements and file a consolidated application and receive multiple permits or a single permit for multiple Communications Facilities. The City's denial of any site or sites within a consolidated application shall not affect other sites submitted in the same application. The City shall grant a permit(s) for any and all sites in a consolidated application that it does not otherwise deny, subject to the requirements of this section. An applicant may submit simultaneously not more than five separate applications for a network of multiple Communications Facilities within adjacent, related geographic areas of the City.
[Added 6-15-2021 by Ord. No. 65-25]
All aboveground Communications Facilities in the public ROW requiring Administrative Review only shall conform to the following non-discriminatory design guidelines generally applicable to all facilities in the public ROW:
a. 
Siting and Design Requirements:
1. 
Pole Siting Standards. New Poles for use as support structures for Small Wireless Facilities shall conform to the following siting standards:
(a) 
Height. No proposed pole shall be taller than 50 feet or 110% of the height of poles in the surrounding streetscape, whichever is higher.
(b) 
Location, Safety and Aesthetics. No proposed pole shall be erected in the right-of-way unless it:
(1) 
Is approved pursuant to the provisions of this section;
(2) 
Replaces an existing pole; or
(3) 
Any pole mounted antenna in installed on said new or existing pole is a minimum of 150 linear feet from any other existing or proposed Small Wireless Facility; and
(4) 
Does not inhibit any existing sight triangles or sight distances; and
(5) 
Allows adequate room for the public to pass and repass across, along and through the right-of-way;
(6) 
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
(7) 
Is compliant with Chapter 15, Streets and Sidewalks, of the City Code as well as any applicable local and state laws and regulations pertaining to the installation of utility poles in the right-of-way, including promulgated by the Board of Public Utilities requiring approval of proposed locations prior to installation.
2. 
Ground Level Cabinet Siting Standards. Ground level cabinets shall conform to the following siting standards:
(a) 
Ground level cabinets are prohibited in the public Right-of-Way in residential zones and any future residential zones.
(b) 
Ground level cabinets are permitted in non-residential zones provided that such ground level cabinet:
(c) 
Is less than 28 cubic feet in volume; and
(d) 
Is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
(e) 
Does not inhibit any existing sight triangles or sight distance; and
(f) 
Allows adequate room for the public to pass and repass across, along and through the municipal right-of-way.
3. 
Pole Mounted Antenna and Pole Mounted Cabinet Siting Standards.
4. 
Pole mounted antennas are permitted on existing poles, provided that each pole mounted antenna:
(a) 
Does not exceed three cubic feet in volume; and
(b) 
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
(c) 
Is a minimum of 150 linear feet from any other existing or proposed Small Wireless Facility; and
(d) 
Does not inhibit any sight triangles or sight distance; and
(e) 
Allows adequate room for the public to pass and repass across, along and through the public right-of-way.
(f) 
Pole mounted cabinets are permitted on Existing Poles in all residential zones and non-residential zones provided that each pole mounted cabinet:
(1) 
Does not exceed 16 cubic feet; and
(2) 
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
(3) 
Does not inhibit any sight triangles or sight distance; and
(4) 
Allows adequate room for the public to pass and repass across the public Right-of-Way.
b. 
Maximum Height Requirements.
1. 
Maximum Size of Permitted Use. Small Wireless Facilities, and new, modified or replacement poles, towers and support structures (subject to the further limitation for replacement of support structures described in the definition of "Small Wireless Facility" in § 31-50.1.2) to be used for collocation of Small Wireless Facilities may be placed in the public right-of-way as a permitted use in accordance with this § 31-50.2.2, subject to the following requirements.
(a) 
Each new, modified or replacement pole, tower or support structure installed in the public ROW shall not exceed the greater of:
(1) 
Five feet above the tallest existing pole, tower or support structure not exceeding 50 feet in the public ROW, in place as of the effective date of this section, and located within 500 feet of the new proposed pole, support structure; or 10 feet on utility distribution poles where required by the electrical utility separation requirements; or
(2) 
Fifty feet above ground level.
(b) 
Each modified or replacement pole, tower, or support structure installed in the public ROW shall not exceed the greater of:
(1) 
Five feet above the height of the structure being modified or replaced in place as of the effective date of this section; or 10 feet on utility distribution poles where required by the electrical utility separation requirements; or
(2) 
The height limit under this § 31-50.2.8b1(a).
[Added 6-15-2021 by Ord. No. 65-25]
Any Communications Facilities, including Small Wireless Facilities, in the public right-of-way and for which the appropriate municipal approval or permit has been issued prior to the adoption of this section shall not be required to meet the requirements of this section, unless said preexisting site is altered, modified, repaired, maintained, or upgraded in any manner, or if the design or configuration of such preexisting site differs from that which is depicted on the approved plans and permits issued by the City, then said preexisting site shall be required to conform to the provisions of this section.
Applicants who have entered into a Municipal Agreement to place Communications Facilities in the public right-of-way, or for whom a resolution has been adopted by the City Council, prior to the adoption of this section, will be deemed to have complied with the Municipal Agreement requirement, but must still comply with the remaining provisions of this section, including those pertaining to review, permitting and site design standards.
[Added 6-15-2021 by Ord. No. 65-25]
Communications Facilities regulated by this section shall not be considered essential services or public utilities.
[Added 6-15-2021 by Ord. No. 65-25]
Prior to the start of any installation of poles, Small Wireless Facilities or other Communications Facilities that requires excavation, applicant shall contact New Jersey One Call at 811 at least three full business days prior to the commencement of work.
[Added 6-15-2021 by Ord. No. 65-25]
For all installations of Communications Facilities and Small Wireless Facilities that require the installation of above ground and underground communications and power cabling and conduit, along the public ROW as well as utility easements and private property, the City's Department of Public Works or Construction Office may request that the project developer publicly offer to coordinate with providers who operate, or have applied for facilities in the City through the Department of Public Works or other applicable department or agency to ensure the public ROW and any planned utility easements are adequate to accommodate the deployment of both aboveground and underground Communications Facilities. Specifically, planned utility easements should allow for an adequate number of huts, utility poles and other structures, as well as belowground conduit, to adequately serve current and anticipated Communications Facilities. Access to easements should be provided to providers on a non- discriminatory basis and at a reasonable cost, or pursuant to applicable laws.
[Added 6-15-2021 by Ord. No. 65-25]
Violation of any of the provisions of this section shall be a simple citation punishable with a civil penalty of $500 for each violation which continues more than 10 days after written notice of such violation is provided to the applicant. Each day, after such notice, that a violation occurs or is permitted to exist by the applicant constitutes a separate offense.
[Added 6-15-2021 by Ord. No. 65-25]
This section is intended to govern the installation, placement, maintenance, modification, upgrade and repair of Communications Facilities, including Small Wireless Facilities, in the public right-of-way. The placement of telecommunications equipment outside of the public right-of-way shall be governed by Chapter 31, Zoning, § 31-28, Wireless Telecommunications Towers and Antennas, as well as by other applicable codes and ordinances of the City.
[Added 6-15-2021 by Ord. No. 65-25]
The City Council, or other City person, agency or department with the authority to do so, may waive any provision or standard set forth in this section where it is demonstrated that the strict enforcement of said standard:
a. 
Will prohibit or have the effect of prohibiting any telecommunications service pursuant to 47 U.S.C. 253(a); or
b. 
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
c. 
Will violate any requirement set forth in the FCC Order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WC Docket No. 17-84; or
d. 
Will prohibit, or have the effect of prohibiting, the ability of an entity to provide wireless service to any prospective customer within the City.
[Added 6-15-2021 by Ord. No. 65-25]
As specified in § 31-50.2.1b herein, Hoplite Communications, LLC, is the primary point of contact for the City for all matters concerning this section. Hoplite can be contacted via email at peter.lupo.hoplite@gmail.com.
[Added 6-15-2021 by Ord. No. 65-25]
This section shall take effect 30 days after its passage, approval and publication.
[Added 3-15-2022 by Ord. No. 66-21]
a. 
A cannabis business shall be a licensed "cannabis business" under Chapter 18 of the City Code and all of the following conditions/requirements of Section 31-51 shall be met as follows.
1. 
A cannabis business shall be a permitted use in the Heavy Industrial (HI) Zone, Light Industrial (LI) Zone and Light Industrial (LI-A) Zone. Additionally, a cannabis business shall be a permitted use within the following redevelopment plans:
(a) 
Block 437, Lots 5.03 and 5.04 - Route 1/9 and Willow Glade Road;
(b) 
Grasselli Road Area Redevelopment Plan;
(c) 
Block 587, Lots 3.01, 3.02 and 3.03 (LCP Site); and
(d) 
Block 513, Lots 4.01 and 4.02 (Brunswick Avenue Site).
2. 
No part of the lot shall be situated within 500 feet, measured along the street or highway on which located, of a public facility, park or athletic field and/or public or private school, residential property, preschool, child-care center, houses of worship, behavior health care facility and medical detoxification centers.
3. 
The minimum lot size shall be one (1) acre.
4. 
The principal building on the lot shall be setback a minimum of forty (40) feet from the rear yard forty (40) feet from each side yard and thirty (30) feet from the front yard.
5. 
All cultivation, manufacturing, storage and distribution activities shall take place within an enclosed building or greenhouse structures. The facility shall be the sole occupant of its building.
6. 
All structures utilized for any cultivation, manufacturing, storage or distribution of cannabis shall be enclosed by a fence at least seven feet high.
7. 
All structures shall be designed, using safety and security barriers, to prevent the unlawful and unauthorized entry into the structures as prescribed by State law.
(a) 
There shall be controlled access to the site, with 24/7 on-site video monitoring of the exterior and interior of the facility, which video shall be retained and stored for the period prescribed by State law, but in no case shall such video be retained and stored for less than 30 days.
(b) 
Plans and reports depicting or describing access and security details information concerning the facility shall be deemed and protected as confidential security documents, exempt from disclosure as public records.
8. 
Cannabis cultivation and manufacturing facilities shall operate in compliance with state and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.
9. 
Cannabis cultivation and manufacturing operations shall utilize available technology to filter and recirculate air, so that odors are not discernable by a reasonable person beyond the property line.
10. 
Cannabis cultivation and manufacturing facilities shall only be permitted to have one sign, displaying the site address only.
11. 
Any applicant for a cannabis cultivation or cannabis manufacturing facility shall coordinate with the Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, surveillance systems, and site lighting consistent with the requirements of State law.
12. 
Subject to the requirements and limitations of state law, the municipality shall have the reasonable right to inspect the premises of any approved, cannabis cultivation or cannabis manufacturing facility during its regular hours of operation to ensure compliance with local ordinances and regulations.