[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.
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.
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.)
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)
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.)
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.
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.
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.
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
A plan which has been granted final approval of the Planning
Board or Board of Adjustment of the City of Linden.
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.
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."
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.
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.
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.
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.
The space between the ceiling beams of the top story and
the roof rafters.
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.
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.
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.
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.
Facilities primarily engaged with the landing and takeoff
of flying vehicles, including loading and unloading areas, which also
includes terminals for aircraft.
A roof-like cover that projects from a wall of a building
for the purpose of shielding a doorway or window from the elements.
A flexible substrate on which copy or graphics may be displayed.
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]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters occurring in the regulatory base flood.
A story of any building having more than half its cubic volume
above the average grade of the adjoining ground.
A building that contains a minimum of two units utilized
for lodging and a morning meal for transient guests in exchange for
compensation.
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.
An establishment licensed by the New Jersey State Department
of Health to operate as a "boarding home for sheltered care."
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.
An area of land in which no building, parking area, material
storage or other improvement, other than a private driveway, shall
be permitted.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A publicly owned or operated building for civic, social,
educational, cultural or recreational activities of a neighborhood
or community.
The total of areas of outside dimensions on a horizontal
plane at ground level of the principal buildings and all accessory
buildings.
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.
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.
A governmental construction project or acquisition of equipment
or real property.
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.
An establishment solely engaged in the sale of used cars.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
A story of any building having more than half its cubic volume
below the average grade of the adjoining ground.
The certificate issued by the Building and Zoning Officer
which permits the use of a building in accordance with the approved
plans and specifications.
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.
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.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
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.
The City of Linden.
A place where patients are studied or treated by physicians
licensed in medicine specializing in various ailments and practicing
as a group.
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.
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.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property jointly.
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.
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.
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.
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.
The Union County Planning Board.
Any open, unoccupied area which is bounded by three or more
building walls.
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.
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.
Shall mean the percentage of lot area covered by the principal
building and accessory buildings.
The turnaround at the end of a dead-end street.
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.
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.
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.
A space containing computers, computer equipment, data processing
equipment and/or related equipment which is intended, designed and
used for human occupancy.
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
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.
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.
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.
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.
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.
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.
An area of land in which certain zoning regulations and requirements
are established by this chapter.
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.
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling.
A detached building containing one (1) dwelling unit designed
for or occupied by one (1) family.
A detached building containing two (2) dwelling units.
A building containing three (3) or more dwelling units.
A building containing five (5) or more dwelling units and
further, apartment buildings shall be classified one from another
as follows:
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."
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)
The amount of time a message and/or graphic is displayed
on an Electronic Message Sign.
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.
An Electronic Message Sign frame effect in which the illusion
of motion and/or animation is used.
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.
A complete, static display screen on an Electronic Message
Sign.
A visual effect on an Electronic Message Sign applied to
a single frame. See also Dynamic Frame Effect.
A mode of message transition on an Electronic Message Sign
in which the message appears to move vertically across the display
surface.
A visual effect used on an Electronic Message Sign to change
from one message to another.
A mode of message transition on an Electronic Message Sign
in which the message appears to move horizontally across the display
surface.
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.
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.
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.
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.
The vertical location of the ground surface prior to excavating
or filling.
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.
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.
Establishments primarily engaged in offering instruction
in the arts, including dance, art, drama, and music.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
The floodplain, consisting of the floodway and the flood
fringe area.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters which delineates the flood fringe area.
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.
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.
The same as the "flood hazard area," and shall include Zones
A-1 through A-30 on the Flood Insurance Rate Map.
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.
The ratio of the gross floor area of all buildings on a lot
to the lot area.
Particles of gas borne matter, not including process material,
arising from the combustion of solid fuel such as coal or wood.
Establishments primarily engaged in retailing original and
limited edition art works.
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.
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.
The City Council of the City of Linden.
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.
The final grade or elevation of the ground surface conforming
to the proposed design.
Shall be defined as follows:
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.
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.
Any stripping, culling, filling, stockpiling or any combination
thereof, including the land in its cut or filled condition.
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.
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.
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.
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.
The vertical distance from the grade plane to the highest
point of the roof surface of a building.
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.
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.
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.
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.
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
Contains one or more public lobby or public registration (check
in) and information stations (front desk) serving the guest rooms;
Provides access to all Hotel Units solely through one or more
common public lobby areas via elevator or other conveyance system;
Has full-time on-site staff and management;
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;
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.
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
Shall consist of not less than 350 sf of net habitable floor
area;
Shall contain no laundry facilities (other than an iron/ironing
board);
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.
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.)
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.
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]
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."
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.
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.
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.
Any area, lot, parcel, building or structure used for the
storage, sale, processing, abandonment or storage of junk.
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.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
Pedal-operated vehicles, motorcycles, mopeds and other similar
vehicles.
The following light motor vehicle classes, as recognized by
the United States Environmental Protection Agency:
Cars, including station wagons.
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.
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.
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.
This term does not include any omnibus, school bus or school
vehicle as defined by Title 39 of the New Jersey Revised Statutes.
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.
The total area within the property lines of a lot.
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.
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.
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.
A lot other than a corner lot.
The legal boundaries of a lot as determined on the tax maps
or in the records of the County of Union.
The distance between the side lot lines measured at the front
setback line.
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.
Any lot line other than a front or rear lot line.
An interior lot which extends from one street to another.
Any security, other than cash, which may be accepted by the
City for the maintenance of any improvements required by this chapter.
Shall mean and include, but are not limited to, any repairs
not set forth in the definition of 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.
A site plan not classified as a minor site plan.
A campus which is devoted to a medical institution such as
a hospital or medical center.
A small patch antenna which is generally surface-mounted
to a building facade.
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.
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:
Provide access to all motel units through common public lobby
areas via elevator or other conveyance system;
Have full-time on-site staff and management;
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.
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.
The ground surface in its original state before any grading,
excavation or filling.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
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.
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.
A building, structure or premises legally existing and which
does not conform to the use regulations of the district in which it
is located.
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.
Health care services provided by a licensed skilled nursing
facility.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Any security which may be accepted by the City, provided
that 10% of the total performance guaranty shall be in cash.
The maximum emission level that a nuisance element is permitted
under this chapter.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A deck, patio or terrace with a permanent roof.
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.
A use which is not permitted in a zone district.
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 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 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.
The term "religious exercise" includes any exercise of religion,
whether or not compelled by, or central to, a system of religious
belief.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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.
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.
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.
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.
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.
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.
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.
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.
A structure containing one (1) or more rooming units and
wherein occupants are furnished shelter by the owner or his agent.
One (1) or more rooms comprising a living unit for one (1)
or more persons wherein no kitchen facilities are provided.
A facility containing separate, individual and private storage
spaces available for lease or rent for varying periods of time.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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:
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.
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.
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.
A sign displayed on or attached flat against the surface
or surfaces of an awning.
A sign utilizing a banner as its display surface.
A sign applied or affixed to the seat or back of a bench.
A sign that is applied or affixed to a building.
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.
A sign with the capability of content change by means of
manual or remote input, includes the following types:
Manually Activated - Changeable sign whose message copy or content
can be changed manually on a display surface.
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.
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.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
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.
See Illuminated Sign.
See Animated Sign, Electrically Activated.
A sign principally supported by one or more columns, poles,
or braces placed in or upon the ground.
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].
See Illuminated Sign.
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.
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.
A sign containing three (3) or more faces.
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.
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.
A temporary sign intended to advance a political statement,
cause, or candidate for office.
Any cord-connected sign not permanently attached to the ground
and can be removed without the use of tools.
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.
See Freestanding Sign.
A temporary sign advertising the sale, lease, or rental of
the property or premises upon which it is located.
A sign that has the capability to revolve three hundred and
sixty degrees (360º) about an axis. See also: Animated Sign,
Mechanically Activated.
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.
A temporary sign pertaining to any civic, patriotic, or special
event of general public interest.
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.
A sign attached to the underside of a canopy or marquee.
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.
A sign, frequently off-premises, specifically designed to
provide directional or destination information. See also Off-Premises
Sign.
A sign affixed to the surface of a window with its message
intended to be visible to the exterior environment.
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.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degree.
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.
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.
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]
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]
The dividing line between the street and a lot.
A street which is parallel and adjacent to an arterial street
and which provides access to abutting properties and protection from
through traffic.
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.
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:
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
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
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.
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.
A raised horizontal structure or area having the characteristics
of a deck or patio but not more than one foot in height.
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.
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.
A vehicular chassis or structure designed to be hauled by
another vehicle and to carry any structure, object, material, person,
animal or thing.
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.
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.
The specific purpose for which a parcel of land or building
or a portion of a building is designed, arranged, intended, occupied
or maintained.
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]
Stabilization of erosive or sediment-producing areas by covering
the soil with permanent or short-term seeding, mulching or sodding.
A self-propelled device which is licensed as a motor vehicle
by the State of New Jersey.
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.
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.
Establishments engaged in retailing all types of merchandise
using the Internet.
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.
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.
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.
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.
On a corner lot, the side yard where the face of a principal
building does not front upon.
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
|
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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.
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]
[Ord. No. 61-21]
a.
POD
The defined term of "POD" is as follows:
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.
[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.
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.
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]
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]
[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]
[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.
[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
c.
Conditional Uses.
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:
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.
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:
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:
[Ord. No. 60-1 § 3]
The construction of an automobile and truck dealership shall
not take place unless the following minimum standards are met:
[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:
[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.
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.
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.
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.
[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:
[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.
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]
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.
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.
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.
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: 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:
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.
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.
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.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
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.
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.
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.
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.
[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.
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:
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.
(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.
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.
5.
Waiver of site plan: $2,000.
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All monies deposited shall be placed in an escrow account and
administered in accordance with procedures established by the Municipal
Chief Financial Officer.
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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.
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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.
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[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.
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.
[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.
(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)
(i)
Off-Street Parking Requirements. Off-street parking shall be
provided in accordance with the off-street parking 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.
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.
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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.
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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]
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.
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.
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.
Means a person who submits an application under this section.
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.
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."
Means a pole owned, managed or operated by or on behalf of
the City.
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.
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.
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).
Means a City pole that is specially designed and placed for
aesthetic purposes.
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.
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.
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.
Means the Federal Communications Commission of the United
States.
Means a one-time, nonrecurring charge, whether a fixed amount
or cost-based amount based on time and expense.
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.
Means, collectively, any and all Federal, State, or local
law, statute, common law, code, rule, regulation, order, or ordinance.
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.
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.
Means an individual, corporation, limited liability company,
partnership, association, trust, or other entity or organization,
including the City.
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.
Means a Communications Service Provider or a Wireless Provider.
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.
Means a recurring charge.
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).
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.
Means the State of New Jersey.
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.
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.
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.
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.
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.
Means a Wireless Infrastructure Provider or a Wireless Services
Provider.
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.
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.
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:
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:
(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.
(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.
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:
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.
