Borough of Somerville, NJ Article XI ZONING

§ 102-95 Applicability.

[Amended 6-2-2025 by Ord. No. 2764]

The provisions of this Article are applicable to all development in the Borough of Somerville, except as may be specifically exempted by this chapter, as follows:

A. No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land, premises, building or structure is located and except in compliance with all other applicable regulations of this ordinance.

B. The control and regulation of the uses of buildings and structures by this Article shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.

C. Applicability to subdivisions. Whenever a new lot is formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this Article.

D. Applicability to site plans. All site plans submitted to the Planning Board or the Zoning Board of Adjustment shall be required to conform to the provisions of this Article.

E. Interpretation, appeals and variances. Interpretations of this article and relief from the decisions of any administrative officer involving the provisions of this Article may be appealed in accordance with the procedures set forth in Article VII, Appeals; provided that a developer may file an application for an interpretation or a variance without prior application to an administrative officer, in accordance with the procedures set forth in Article VII.

F. Violations. The use or occupancy of land, buildings or structures prior to obtaining of a zoning permit or sign permit as the case may be, when one is required shall be a direct violation of this chapter and shall subject the violator or violators to the penalties hereinafter prescribed in Article VI.

G. Zoning and Affordable Housing Development Fee and Trust Fund.

(1) Purpose.

(a) In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the now abolished Council on Affordable Housing's (COAH's) rule adoptions.

(b) Pursuant to P.L.2008, c.46 (N.J.S.A. 52:27D-329.1 et al.) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), municipalities with an approved spending plan may retain fees collected from non-residential development.

(c) This subsection establishes standards for the collection, maintenance, and expenditure of development fees pursuant to the Department's regulations and in accordance with P.L.2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this subsection shall be used for the sole purpose of providing low- and moderate-income housing. This subsection shall be interpreted within the framework of the rules on development fees, codified at N.J.A.C. 5:97-8, as well as any applicable regulations adopted by the New Jersey Department of Community Affairs (DCA), which, pursuant to P.L. 2024, c.2, now holds rulemaking authority regarding the collection of development fees.

(2) Definitions.

(a) The following terms, as used in this subsection, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

Means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to an inclusionary development, a municipal construction project or a 100% affordable development.

COAH or THE COUNCIL

Means the New Jersey Council on Affordable Housing established under the Fair Housing Act. Pursuant to P.L. 2024, c. 2, which amended the New Jersey Fair Housing Act, P.L. 1985, c. 222, N.J.S.A. 52:27D-301, et seq., COAH has been abolished.

COMPLIANCE CERTIFICATION

Means the certification obtained by a municipality pursuant to section 3 of P.L.2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313)

DEVELOPER

Means the legal or beneficial owner or owners of a lot or of any land proposed to be 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.

DEVELOPMENT FEE

Means money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).

GREEN BUILDING STRATEGIES

Means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

NJDCA

Means New Jersey Department of Community Affairs, which, pursuant to P.L. 2024, c. 2, exercises authority relating to rulemaking on the collection of residential and non-residential development fees is appropriately delegated to the NJDCA.

(3) Residential development fees.

(a) Imposed fees.

[1] Within the Borough of Somerville, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the increase in equalized assessed value attributable to residential development provided no increased density is permitted.

[2] When an increase in residential density is permitted through a variance pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) or a rezoning, redevelopment plan, or redevelopment plan amendment, developers shall be required to pay a development fee of 5% of the equalized assessed value for each additional unit in excess of that normally permitted by zoning, except that this provision shall not be applicable to a development that will include a set-aside of affordable housing units. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a property that was zoned for two units, the fee would equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 5% of the equalized assessed value for the two additional units, providing zoning on the site has not changed during the two-year period preceding the application being deemed complete.

[3] Eligible exactions, ineligible exactions and exemptions for residential development.

[a] Developments incorporating low- and moderate-income housing shall be exempt from paying development fees, provided that the minimum number of affordable units required for development is completed in accordance with this chapter.

[b] Developments where the developer has made a payment in lieu of on-site construction of affordable units, in accordance with all applicable municipal requirements, shall be exempt from development fees.

[c] Developments that have received preliminary or final site plan approval prior to the adoption of this municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The development fee percentage shall be vested on the date that the building permit is issued.

[d] Owner-occupied residential structures demolished, in whole or part, and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.

[e] Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use requiring the issuance of a temporary certificate of occupancy or certificate of occupancy (for example, when a single-family home is converted to a two-family home or a single-family home is converted to an apartment building), is demolished and replaced with a more intense use, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

[f] Expansions of one-family and two-family properties and minor improvements such as the installation of fences, air conditioning unit, decks, patios, landscaping, pools and accessory buildings, are exempt from development fees.

[g] Development fees shall be imposed and collected when a certificate of occupancy is issued for a new residential unit on a newly created lot that is the result of a subdivision. The development fee shall be calculated on the equalized assessed value of the land and improvements.

(4) Non-residential development fees.

(a) Imposed fees.

[1] Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.

[2] Non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

[3] Development fees shall be imposed and collected when an existing structure is demolished in whole or in part and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.

(b) Eligible exactions, ineligible exactions and exemptions for non-residential development.

[1] The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.

[2] The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs where there is no increase in square footage.

[3] Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions set forth in Section 35 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.4), as amended by P.L.2024, c. 2. Any exemption claimed by a developer shall be substantiated by that developer. These exemptions include the following, which are derived from those set forth in Section 35 of P.L.2024, c. 2 (N.J.S.A. 40:55D-8.4), as amended:

[a] Property used for educational purposes, which is tax-exempt pursuant to N.J.S.A. 54:4-3.6, provided that the property continues to maintain its tax exempt status under that statute for a period of at least three years from the date of issuance of the certificate of occupancy.

[b] Churches, synagogues, mosques, and other houses of worship, provided that the property continues to maintain its tax exempt status under that statute for a period of at least three years from the date of issuance of the certificate of occupancy.

[c] Non-profit hospital relocation or improvements or nursing facilities.

[d] Transit hub.

[e] Non-residential development which is an amenity to be made available to the public, including recreational facilities, community centers, and senior centers.

[f] Federal, state and government buildings.

[g] Parking lots and parking structures.

[h] Projects where the majority of the project is located within 1/2 mile radius of platform area for a light rail system.

[i] Projects determined by the New Jersey Transit Corporation to be consistent with a transit village plan developed by a transit village designated by the Department of Transportation.

[j] A developer of a non-residential development exempted from the non-residential development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.

[k] If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Borough of Somerville as a lien against the real property of the owner.

(5) Collection procedures.

(a) Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit by forwarding a copy of the approving resolution authorizing the development.

(b) For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

(c) The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development, which is subject to a development fee.

(d) Within 90 days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

(e) The construction official responsible for the issuance of a final certificate of occupancy shall notify the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

(f) Within 10 business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

(g) Should the Borough of Somerville fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L.2008, c. 46 (N.J.S.A. 40:55D-8.6), as well as any applicable regulations adopted by the New Jersey Department of Community Affairs (DCA).

(h) 50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

(i) Appeal of development fees.

[1] A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Borough of Somerville. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., 90 days after the date of such determination. Interest earned on the amounts escrowed shall be credited to the prevailing party.

[2] A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Borough of Somerville. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedures Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on the amounts escrowed shall be credited to the prevailing party.

(j) The payment of non-residential development fees shall be made prior to the issuance of a certificate of occupancy for such development. A final certificate of occupancy shall not be issued for any non-residential development until such time as the fee imposed has been paid by the developer.

(k) Non-residential construction which is connected with the relocation of the facilities of a for-profit hospital shall be subject to the fee authorized herein to the extent of the increase in equalized assessed valuation in accordance with the regulations promulgated by the Director of Division of Taxation, Department of the Treasury.

(l) No affordable housing obligation shall be imposed concerning a mixed-use development that would result in an affordable housing obligation greater than would have been imposed if the residential portion of the mixed-use development had been developed independently of the non-residential portion of the mixed-use development.

(6) Affordable Housing Trust Fund.

(a) There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from the residential and non-residential developers and proceeds from the sale of units with extinguished controls.

(b) The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identified by source and amount:

[1] Payments in lieu of on-site construction of affordable units. The construction of the affordable units shall be performed within the Borough of Somerville.

[2] Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible.

[3] Rental income from municipally operated affordable units.

[4] Repayments from affordable housing program loans.

[5] Recaptured funds.

[6] Proceeds from the sale of affordable units.

[7] Any other funds collected in connection with the Borough of Somerville affordable housing program.

(7) Use of funds.

(a) The expenditure of all funds shall conform to a spending plan included in the Fair Share Plan and deemed compliant (i.e., compliance certification or its equivalent judgment of repose). Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Affordable Housing Dispute Resolution Program or a court of law, to address the Borough of Somerville's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to:

[1] Preservation or purchase of housing for the purpose of maintaining or implementing affordability controls.

[2] Rehabilitation of existing housing.

[3] New construction of affordable housing units and related costs.

[4] Accessory apartment.

[5] Market to affordable.

[6] Conversion of existing non-residential buildings to create new affordable units.

[7] Green building strategies designed to be cost saving and in accordance with accepted national or state standards.

[8] Purchase of land for affordable housing, improvement of land to be used for affordable housing.

[9] Extensions or improvements of roads and infrastructure to affordable housing sites.

[10] Financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.

(b) Funds shall not be expended to reimburse for the Borough of Somerville past housing activities.

(c) At least 30% of all development fees collected and interest earned may be used to provide affordability assistance to low-and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected may be used to provide affordability assistance to those households earning 30% or less of median income by region.

(d) Affordability assistance program may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.

(e) Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

(f) Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

(g) The Borough of Somerville may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

(h) No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to developer implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with the Department's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's/NJDCA's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.

(8) Monitoring. The Borough of Somerville Housing Liaison shall complete and return to NJDCA, all monitoring forms included in monitoring requirements related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough of Somerville housing program, as well as to the expenditure of revenues and implementation of the plan as approved by the NJDCA. All monitoring reports shall be completed on forms designed by COAH/NJDCA.

(9) Ongoing collection of fees. The ability for the Borough of Somerville to impose, collect, and expend development fees shall expire with the end of the housing cycle period covered by its compliance certification unless the Borough of Somerville has filed and adopted the Housing Element and Fair Share Plan with the Courts or Program, pursuant to a court of law or the Affordable Housing Dispute Resolution Program pursuant to P.L. 2024, c.2. If the Borough of Somerville fails to renew its ability to impose and collect development fee prior to the expiration of the housing cycle period covered by its compliance certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds deposited so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320).

The Borough of Somerville shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of the Borough's compliance certification, nor shall the Borough of Somerville retroactivity impose a development fee on such a development. The Borough of Somerville shall not expend development fees after the expiration of its compliance certification.

All ordinances or parts of ordinances in conflict or inconsistent with any part of this subsection are hereby repealed to the extent that they are in such conflict or inconsistent.

If any section, subsection sentence, clause or phrase of this subsection is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this subsection.

§ 102-96 Establishment of Zoning Districts.

The Borough of Somerville is hereby divided into the following zoning districts, differentiated according to use, area, bulk and other requirements, and named as follows:

R-1	Single Family Residence District
R-2	Single Family Residence District
R-3	Single Family Residence District
G	Garden Apartment District
SC	Senior Citizens Housing District
PO-R	Professional Office-Residential District
B-1	Central Business District
B-2	Central Business District
B-3	Business - Services District
B-4	Neighborhood Business - Residential District
B-5	Highway Business District
B-6	Shopping Center Business District
I-1	Industrial District
I-2	Industrial District
CG	County Government District
H	Hospital District
SID	Special Improvement District (Overlay)

§ 102-97 Zoning Map. [1]

[Amended 12-29-03 by Ord. 2152]

The zoning map of the Borough of Somerville, entitled "Zoning Map", and dated December 29, 2003, delineating the districts designated by § 102-96, is hereby declared to be a part of this Article. The zoning map shall be the official reference as to the current zoning classification of any land within the boundaries of the Borough of Somerville. In determining the boundaries of districts shown on the zoning map, the following rules shall apply:

A. District boundary lines are intended to follow property lines, street center lines, railroad center lines, stream center lines, municipal boundaries or extensions of any of the foregoing.

B. In cases of ambiguity or uncertainty as to the precise location of the district boundary line, the precise location shall be determined by the Zoning Board of Adjustment. This determination shall be processed as an appeal in accordance with § 102-34.

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 102-98 Zoning Schedules. [1]

Schedules A, B and C are hereby declared to be a part of this Article. The schedules provide a generalized summary of various zoning regulations for each zone district. The text of this Article may, in certain instances, provide supplemental regulations to these schedules.

A. Schedule A, entitled Permitted Uses and Structures, sets forth the permitted principal, accessory and conditional uses in each zone district, except as may be otherwise modified, supplemented or prohibited by this chapter. The classification and definition of uses shown in the schedule, except uses noted as such in the schedule or as may be otherwise indicated by this chapter, are based upon the Standard Industrial Classification Manual, 1987 edition. The following additional provisions shall apply:

(1) Notwithstanding the uses permitted by the schedule, a use shall not be permitted if same is otherwise prohibited elsewhere in the chapter, either by specific or general prohibition.

(2) In the case of developments which involve a combination of any of the above uses, the following rules shall apply:

(a) If the development is such that the operation of each of the uses can be clearly distinguished from each other, the schedule shall apply to each use separately. This shall not be construed to mean that more than one principal building or use shall be permitted on the premises if same is prohibited by any other regulation of this chapter.

(b) If the development is such that the operation of each of the uses can not be clearly distinguished from each other, the most restrictive application of the schedule shall apply. By way of example, if one aspect of the use is permitted and another aspect of the use is prohibited, and the operation of the uses are not clearly distinguishable from each other, both aspects of the use shall be prohibited.

B. Schedule B, entitled Lot, Bulk and Intensity of Development Standards, sets forth the required lot area, lot dimension, lot frontage, yard setback, density, floor area ratio, building coverage, improvement coverage and building height requirements for each of the zone districts, except as may be otherwise modified or supplemented by this chapter.

C. Schedule C, entitled Minimum Number of Parking Spaces, sets forth the required number of parking spaces in the various zone districts and for the various uses. The classification and definition of uses shown in the schedule, except for certain uses noted as such in the schedule, or as may be otherwise indicated by this chapter, are based upon the Standard Industrial Classification Manual, 1987 edition.

[1] Editor's Note: Schedules A, B and C are included as attachments to this chapter.

§ 102-99 R-1 Single Family Residence District.

[Amended 9-6-11 by Ord. No. 2367; 5-5-14 by Ord. No. 2438]

A. Permitted uses and structures. See "Schedule A, Permitted Uses and Structures" included as an attachment to this chapter.

B. Bulk and lot regulations. See "Schedule B, Lot, Bulk and Intensity of Development Standards" included as an attachment to this chapter

C. Other Regulations.

One of the goals of the allowance of clustering is to encourage the adaptive reuse of older and architecturally contributing existing structures. If the existing structure has been or is planned to be demolished a planned unit residential development i.e. residential clustering as herein defined is prohibited. A planned unit residential development, as defined herein, is permitted development option in the R-1 zone district, subject, however to the following regulations:

(1) The permitted uses and dwelling types shall be as follows:

(a) Patio Home

(b) Single-Family Detached Dwelling/Residence

(c) Single-Family Zero Lot Line Dwelling/Residence

(d) Reuse of Existing Dwelling as multifamily or common space

(e) Common Open Space

(2) There shall be a minimum tract frontage of 300 feet.

(3) There shall be provided at least four (4) architectural styles of dwelling units within the development.

(4) The minimum lot size shall be a minimum of 4,000 square feet for patio homes and single family attached zero lot line dwelling except that the middle lot in a three dwelling building shall be a min. of 2,100 square feet.

(5) The overall density shall not exceed the density which would be permitted under a conventional subdivision, with the remaining land area being held in common by the lot owners as open space for recreational or conservation purposes. The overall density shall not exceed one (1) dwelling unit per 10,000 square feet except, as provided by a density bonus, as described in item #13 (below).

(6) No less than 40% of the total tract area shall be designated as common space. For purposes of administering this provision, the area to be considered within this common open space area shall not include any dwellings, private yard areas, parking area, internal streets, above ground detention facilities, or privately owned land containing open space easements.

(7) The lot, bulk and intensity of development standards for each proposed lot, except for the middle lot in a three dwelling building, are as follows:

Min. Lot Area (square feet)	Min. Lot Frontage (feet)	Min. Lot Width (feet)	Min. Lot Depth (feet)	Min. Front Yard (feet)	Min. Side Yard One/ both (feet)	Min. Rear Yard (feet)	Max. FAR (%)	Max. Improve- ment Coverage (%)	Max. Building Height (St./feet)
4,000	40	40	100	25 (see item 11)	0/17	30	45	45	2.5/35

(8) The lot, bulk and intensity of development standards for the middle lot in a three dwelling building, are as follows:

Min. Lot Area (square feet)	Min. Lot Frontage (feet)	Min. Lot Width (feet)	Min. Lot Depth (feet)	Min. Front Yard (feet)	Min. Side Yard One/both (feet)	Min. Rear Yard (feet)	Max. FAR (%)	Max. Improve- ment Coverage (%)	Max. Building Height (St./feet)
2,100	21	21	100	25	0/0	30	82	78	2.5/35

(9) The maximum width of the building containing three dwelling units shall be 65 feet, as measured from exterior to exterior wall at the front yard setback.

(10) An ingress/egress easement to provide access to the rear yard of the middle lot (in a building containing three dwelling units) from the street right-of-way shall be established. The minimum width of said easement shall be 10 feet.

(11) On a corner lot the front yard setback shall be 20 feet from the street that does not have the curb cut.

(12) The common open space is for recreational or conservation purposes. If the common open space is not dedicated to the Borough, the developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Zoning Officer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

At such hearing, the Zoning Officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of 1 year may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Zoning Officer, shall upon its initiative or upon request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days written notice of such organization and to the owners of the development, to be held by such Zoning Officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year.

If the Zoning Officer shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough or Zoning Officer in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

(13) The adaptive reuse of an existing dwelling shall maintain the existing façade. The footprint of the dwelling shall not be enlarged or altered, except for minor appurtenances such as sewer vent pipes, HVAC equipment, etc. All building mounted HVAC equipment shall be screened. An existing dwelling shall be used as common recreational space, multi-family dwelling or a combination thereof. If used as a multi-family dwelling, no more than three (3) dwellings are permitted. If the existing structure has been or is proposed to be demolished, a planned unit residential development (i.e. residential clustering) as defined herein is prohibited.

(14) Patio home shall require an access/maintenance easement on the adjoining property to repair/clean or maintain the façade of the dwelling which is on the property (unless the abutting property is common open space). The maintenance easement shall be a minimum of 10 feet in width and extend around façade that is on the property line.

(15) Each dwelling unit shall contain one (1), two (2) or three (3) bedrooms. The developer is encouraged to provide a wide mix of housing so that the development is appealing to a broad spectrum of the public. The number of bedrooms, including distribution of the one (1), two (2) and three (3) bedroom units shall be proposed by the developer and approved by the Planning Board or Board of Adjustment. To that end the developer shall provide data in support of the bedroom mix and address all questions/concerns to the satisfaction of the Planning Board/Board of Adjustment.

(16) The horizontal and vertical differentiation of large façade areas shall be broken down so as to appear as a series of different buildings, each building facade should be of scale of buildings found in Somerville. The architecture style of the buildings shall be varied so that a repetitive pattern is not used throughout the development. Upon review of the site plans and architectural elevations of the buildings, the Planning Board (or Board of Adjustment) shall determine whether the proposed architectural style of the buildings is repetitive. If the architecture style of the buildings is found to be repetitive, the architectural elevations shall be modified (as necessary) to the satisfaction of the Planning Board/Board of Adjustment.

(17) Density Bonus: If the development is a LEED certified Neighborhood Development, the developer is entitled to a density bonus of 2 units. If the development is LEED certified Neighborhood Development silver standard the developer is entitled to a density bonus of 4 units and if gold certification is achieved the density bonus is 6 units. Per the US Green Building Council (USGBC) "the LEED for Neighborhood Development Rating System integrates the principles of smart growth, urbanism and green building into the first national system for neighborhood design. LEED certification provides independent, third-party verification that a development's location and design meet accepted high levels of environmentally responsible, sustainable development. LEED for Neighborhood Development is a collaboration among USGBC, Congress for the New Urbanism, and the Natural Resources Defense Council." In order to qualify for the density bonuses, the developer shall meet the current requirements of the USGBC.

§ 102-100 R-2 Single Family Residence District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter

§ 102-101 R-3 Single Family Residence District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter.

C. Planned residential development. Planned residential development shall be a permitted development option in the R-3 zone district subject, however, to the following regulations:

(1) The permitted uses and dwelling types shall be as set forth for the R-3 zone district in Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

(2) There shall be a minimum tract area of three (3) acres.

(3) There shall be a minimum tract frontage of eighty (80) feet.

(4) There shall be provided at least two (2) types of dwelling units within the development.

(5) The mix of dwelling unit types shall be such that the number of units any single dwelling unit type shall not exceed seventy percent (70%) of the total number of dwelling units.

(6) The maximum overall density shall not exceed twelve (12) dwelling units per acre of the tract.

(7) The maximum net density for each particular dwelling unit type shall be as set forth in Schedule B included as an attachment to this chapter. Net density shall be calculated for each contiguous area containing a dwelling unit type. For purposes of administering this provision, the area to be calculated shall include all building areas, private yard areas, parking areas and internal streets within the tract, and other areas except areas designated as common open space.

(8) No less than twenty-five percent (25%) of the total tract area shall be designated as common open space. For purposes of administering this provision, the area to be considered within this common open space area shall not include any dwellings, private yard areas, parking areas, internal streets or above ground detention facilities.

(9) The maximum improvement coverage shall not exceed forty-five percent (45%) of the total tract area.

(10) The lot, bulk and intensity of development standards for individual dwelling unit types shall be as set forth for planned residential development in the R-3 zone district in Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B for planned residential development:

(a) The lot, yard, floor area ratio and improvement coverage standards in Schedule B for one-family detached, one-family patio home and duplex dwelling units apply when each dwelling unit is located on a separate lot. In the case of development for rental units or condominium or other forms of ownership wherein more than one dwelling unit is located on a lot, the developer shall be required to demonstrate conformity with the requirements of Schedule B by submitting a plan showing how the property could hypothetically be subdivided to locate each of the dwellings on a separate lot.

(b) The lot, yard, floor area ratio and improvement coverage standards in Schedule B for other two-family, triplex, quadruplex, townhouse, garden apartment and mid-rise apartment dwelling units apply when each building is located on a separate lot. In the case of development for rental units or condominium or other forms of ownership wherein more than one building is located on a lot, the developer shall be required to demonstrate conformity with the requirements of Schedule B by submitting a plan showing how the property could hypothetically be subdivided to locate each of the buildings on a separate lot.

(c) Notwithstanding the requirements in Schedule B, the required minimum yards abutting any collector or arterial street shall be increased by ten (10) feet above that shown in Schedule B included as an attachment to this chapter.

§ 102-102 G Garden Apartment District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter. Notwithstanding the permitted uses in Schedule A, on any site in the G zone district designated in the housing element of the master plan for affordable housing, only garden apartments shall be permitted, and at least twenty percent (20%) of the total number of dwelling units on such site(s) shall be affordable to low- and moderate-income households.

[Amended 06-16-03 by Ord. 2143]

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter.

C. Additional requirements for garden apartments. The following requirements shall apply to any garden apartment development, in addition to any other applicable requirements of this chapter:

(1) No building shall contain more than twelve (12) dwelling units.

(2) The minimum distance between principal buildings shall be thirty (30) feet, provided when a building or group of buildings form a courtyard with buildings on at least two (2) sides, that no dimension of such courtyard shall be less than sixty (60) feet, measured between buildings.

(3) Dwelling units shall be permitted on only the first or second story of any garden apartment building.

(4) There shall reside on the property of each garden apartment development at least one (1) building superintendent.

(5) Each dwelling unit shall contain complete cooking, toilet and bathing facilities; provided, however, that any dwelling unit containing more than two (2) bedrooms shall have at least one and one-half (1 1/2) baths. For the purposes of administering this provision, a half bath shall consist of at least one (1) water closet and one (1) lavatory.

(6) All bedrooms shall be separately partitioned and enclosed.

(7) Each building used for dwelling purposes shall contain at least five hundred (500) cubic feet of readily accessible interior storage area for each dwelling unit in the building. The floor to ceiling height of any such storage area shall not be less than seven (7) feet.

(8) Each building used for dwelling purposes shall contain separately partitioned clothes washing and drying areas of at least ten (10) square feet of floor area for each dwelling unit in the building.

D. Low and moderate income housing provisions. Development within this district on property designated in the Master Plan for affordable housing shall be subject to the following requirements:

(1) Administration. The Borough of Somerville has contracted with the State of New Jersey's Affordable Housing Management Service for administration of affordability controls and other matters related to the marketing, tenancy, sale and monitoring of compliance with various requirements associated with low and moderate income housing provision of this chapter. The Affordable Housing Management Service shall be operational within ninety (90) days for issuance of any certificate of occupancy for development containing low and moderate income housing. Depending on the needs found in Somerville, the following services are provided:

(a) Assisting with marketing of Somerville's affordable housing units.

(b) Establishing a screening process for potential home-buyers or tenants based on income eligibility.

(c) Maintaining eligibility lists.

(d) Referring eligible home-buyers and renters to available units.

(e) Determining maximum resale prices or rents.

(f) Establishing procedures to ensure that affordable housing units continue to be occupied by and affordable to low and moderate income households for the restricted time frame.

(g) Provide housing counseling services to potential home buyers.

(h) Assist households through settlement procedures.

(2) Program fee requirements.

(a) The Affordable Housing Management Service shall require of applicants seeking final approval for development projects with low and moderate dwelling units an initial registration fee at the time of issuance of a certificate of occupancy.

(b) Upon resale or rerental of such units, a renewal fee shall be assessed, payable at the time of issuance of the certificate of occupancy in the case of resale, or at the time of execution of a rental agreement in the case of a rental unit. The following fee schedule is currently in effect:

[1] Initial contract fee (sales and rental) per new unit, to be charged to the developer: three hundred dollars ($300).

[2] Resale occupancy, to be charged to the seller at closing: one hundred fifty dollars ($150).

The fee schedule will be reassessed annually and revised as needed. The resale fee in effect at the time of each sales transaction closing shall prevail at the next resale.

(c) Rental occupancies will be charged to the property owner/landlord at the rate of two percent (2%) of the individual unit's annual rent at the time of vacancy. Examples are provided below:

Monthly rent of $325 x 12 months x 2% = $78 fee

Monthly rent of $400 x 12 months x 2% = $96 fee

(d) Projects receiving funding from the NJDCA Neighborhood Preservation Balanced Housing Program will be charged internally for initial occupancy. All subsequent resales and rentals will be charged as noted above.

(e) Initial contract fees for sales and rentals will be billed and collected on signing of the agreement with the Borough of Somerville. The Borough shall have an option of paying for their entire unit inventory at the prevailing fee at the time of initial contract or negotiating an installment plan. If payment is delayed, the Borough of Somerville or the developer will be charged the initial contract fee in effect at the time of payment. Subsequent reoccupancy fees will be billed and collected at time of sales or lease agreement (rental).

(3) Affordability criteria.

(a) At least fifty percent (50%) of all affordable units in each development shall be affordable to low income households.

(b) In order to ensure that both low and moderate income units are affordable by a range of households within each household size, the average price of low and moderate income units within an inclusionary development shall be, as best as is practicable, affordable to households at fifty-seven and one-half percent (57.5%) of median income.

(c) The following range of affordability for purchased housing shall be required for every twenty (20) low and moderate income units:

Low	1 at 40.0 - 42.5 percent
	3 at 42.6 - 47.5 percent
	6 at 47.6 - 50 percent
Moderate	1 at 50.1 - 57.5 percent
	1 at 57.6 - 64.7 percent
	1 at 64.8 - 68.5 percent
	1 at 68.6 - 72.5 percent
	2 at 72.6 - 77.5 percent
	4 at 77.6 - 80 percent

(d) For-sale dwellings. Monthly cost of shelter to include mortgage (principal and interest), taxes, insurance and homeowners or condo association fees, shall not exceed twenty-eight percent (28%) of gross household Section 8 income limits as defined and adjusted from time to time for varied low and moderate income household sizes by the U.S. Department of Housing and Urban Development. Homeowners or condo association fees for low/moderate income units can be increased by an annual percentage, not to exceed the CPI-housing component only, for the region in which the Borough of Somerville is located.

(e) For-rent dwellings. Monthly cost of shelter to include contract rent and utilities (gas, electric, oil, water and sewer) shall not exceed thirty percent (30%) of gross household Section 8 income limits as defined and adjusted from time to time for varied low and moderate income household sizes by the U.S. Department of Housing and Urban Development.

(f) For purposes of relating affordability to household size, households of the following sizes shall be assumed to occupy units with the following number of bedrooms. The sale or rental price shall not be affected regardless of the size of the household actually occupying the unit:

Number of Bedrooms	Household Size
0 bedrooms	1 person
1 bedroom	2 persons
2 bedrooms	3 persons
3 bedrooms	5 persons
4 bedrooms	7 persons

(4) Distribution and locational criteria.

(a) To the extent reasonably attainable, low and moderate income units shall be situated generally so as not to be in less desirable locations than other units in the development and shall be no less accessible to the common open space and public facilities (if provided) than the other units.

(b) At a minimum, thirty-five percent (35%) of the low and moderate income units shall be two (2)-bedroom units, fifteen percent (15%) shall be three (3)-bedroom units, and no more than twenty percent (20%) may be efficiency units.

(c) No more than twenty-five percent (25%) of the Borough's total fair share obligation after credits and adjustments may be age-restricted for the elderly. The Planning Board shall monitor applicant requests for any age-restricted low/moderate units to insure any preliminary approval granted does not cause the Borough to exceed the total twenty-five percent (25%) cap on such units.

(5) Building schedule. The low and moderate income units shall obtain certificates of occupancy in tandem with the market rate units according to the following schedule:

Percentage of Market Housing Units Completed	Minimum Percentage of Low/Moderate Income Units Completed
Up to 25%	0% (none required)
25% + 1 unit	10%
50%	50%
75%	75%
90%	100%

If the number of low and moderate income units to be provided includes a fraction, the number shall be rounded up. If the number of market rate income units permitted includes a fraction, the number shall be rounded down.

§ 102-103 SC Senior Citizen Housing District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B:

(1) When a side or rear yard abuts a residential use or zone district, the minimum side or rear yard shall be thirty (30) feet for buildings up to four (4) stories high, and an additional ten (10) feet of side or rear yard shall be provided for each story above four (4) stories.

§ 102-104 PO-R Professional Office-Residential District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule A:

(1) Notwithstanding the permitted uses in Schedule A, no drive-in establishments shall be permitted.

(2) The retail sale of goods accessory and ancillary to a permitted professional office use shall be permitted as a conditional use, and shall be subject to the requirements of § 102-116P.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter.

C. Other regulations.

(1) In cases where a development for nonresidential use proposes to convert a dwelling originally designed and constructed for residential use, such conversion shall be designed to substantially maintain the building exterior, except for permitted signs, provisions for access by disabled persons as may be required by law, and other minor alterations consistent with the residential appearance of the building, as may be approved by the Planning Board. The Board may refer the application to the Architectural Review Board for review and comment concerning any such alteration.

(2) In cases where development for nonresidential use proposes to construct a new nonresidential building, said building shall be designed to be compatible in appearance with the residential buildings in the vicinity. For purposes of administering this provision, "compatible in appearance" shall be construed to mean of similar building height and width, and having similar materials, facade proportions, roof pitch, window spacing and proportions, and trim and detail treatments. The Board may refer the development plans to the Architectural Review Board for its review and comment.

(3) There shall be no display of merchandise, temporary uses, activities or structures located outside of any building, including but not limited to vending machines.

§ 102-105 B-1 Central Business District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter except for Division Street which is listed in Subsection D below.

[Amended 10-1-12 by Ord. No. 2403-12-0904]

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B:

(1) Notwithstanding the front yard requirement in Schedule B, no front yard depth shall be less than the depth of the most shallow front yard facing the same street on any abutting properties in the same zone district. No building shall be permitted to encroach into any public right-of-way.

(2) Notwithstanding the side yard requirements in Schedule B, in the event that the building is not constructed up to the side lot line, the minimum side yard shall be twelve (12) feet in depth.

(3) Notwithstanding the building height requirements in Schedule B, the height of principal buildings shall not exceed five (5) stories, exclusive of basement, or seventy-five (75) feet, whichever is less, except as provided otherwise below:

(a) No principal building shall exceed by more than one (1) story or fifteen (15) feet the height of the tallest building or buildings that front on the same street and are located within one hundred fifty (150) feet of such building. Notwithstanding the foregoing, however, all principal buildings shall be permitted a height of three (3) stories, exclusive of basement, or forty-five (45) feet, whichever is less, regardless of the height of other buildings in the vicinity.

(b) No principal building located within one hundred (100) feet of a residential zone district boundary shall be permitted to exceed three (3) stories, exclusive of basement, or forty-five (45) feet, whichever is less.

C. Other regulations.

(1) Window area. Any new building or any substantial renovation or reconstruction of the facade of an existing building which faces a street or parking area shall contain a transparent window area on the ground floor which comprises not less than forty percent (40%) of the ground floor facade area which faces the street or parking area. When a building contains more than one (1) tenant space on the ground floor, this requirement shall apply to and be calculated separately for each facade area devoted to such tenant spaces. When an existing building contains more than one (1) unit occupied by different tenants, the above requirement shall apply only for the facade of the units being renovated or reconstructed.

[Amended 06-16-03 by Ord. 2143]

(2) Facade treatment. Any new building shall have a facade that is harmonious in scale, color, material, etc. with nearby existing building facades. Any substantial renovation or reconstruction of the facade of an existing building shall restore and/or retain the original facade treatment, if possible. If not possible, the facade renovation shall adhere to the requirement for new buildings. Facade treatments shall be attractive on all sides facing a street, parking area or pedestrian path. All facade designs shall be submitted to the Architectural Review Board for review and comment.

(3) Pedestrian access. All ground floor uses shall provide an entrance and exit from/to the public sidewalk in the street upon which the subject property has frontage, which entrance shall remain open to the public at all times during business hours. In the case of a corner lot, an entrance/exit shall be provided on the street carrying the greater volume of pedestrian traffic, as determined by the Planning Board.

D. Division Street Arts District Overlay Zone District.

[Added 10-1-12 by Ord. No. 2403-12-0904]

(1) Overview. The uses permitted in the Arts District Overlay Zone District are designed to encourage improvements to the land and buildings contained within the Zone District, thereby promoting diversity and an influx of art and cultural resources and achieving the goals and vision statement for the Arts District. The Arts District Overlay Zone District is intended to allow greater flexibility in public property (i.e. the street) that will contribute to the vitality of Central Business District (CBD) and advance the businesses located within the Arts District. These permitted uses shall supersede all applicable provisions of the Borough's Zoning Regulations. All other land development regulations shall remain applicable, unless otherwise stated.

In the broadest definition, permitted uses foster creativity whether it be through education, display for commerce or various art forms. The permitted uses are as follows.

(2) Permitted uses - private property.

(a) The permitted uses of private property are as follows:

[1] Residential dwellings located on the upper floors in mixed use buildings (upper floors only);

[2] Galleries (art, picture, wine tasting, etc). Galleries are rooms/buildings or floors where works of art/wine are exhibited /tasted (1st and upper floors);

[3] Multi-use studios (used for painting, pottery, hand blown glass, wood carving, sculpture, stained glass, etc.)(1st and upper floors);

[4] Residential artist studios/workshops located on the upper floors of mixed use buildings (upper floors only);

[5] Coffee/tea shops/coffee roastery (1st floor);

[6] Restaurants (1st floor and upper floors);

[7] Music shops (1st floor);

[8] Art/craft/hobby/art supply shops and stores (1st or upper floors);

[9] Tattoo art studios/shops (i.e. body art, body piercing, tattooing and permanent cosmetics), conditional use. Conditions of the conditional use are as follows (1st floor only):

[a] Tattoo art studios/shops shall be separated by a minimum of four hundred fifty (450) feet from another tattoo art studio/shop.

[b] The use requires minor site plan approval which is not eligible for a site plan waiver. If the proposed use does not meet the Borough's definition of minor site plan, then a major site plan approval is required.

[c] The aesthetics of the layout of the facility including the relationship of the storefront glass with the waiting area and workstations must be such that the Planning Board finds it appropriate for promoting a positive image for the Arts District and Central Business District as a whole.

[d] Display cases and retail sales shall be physically separated from workstations.

[e] The applicant shall demonstrate how the storage and pick up of medical waste will occur when Division Street is not open for vehicular traffic. The medical waste should be stored in such a manner and location that maintains the integrity of the packaging and provides protection from water, rain and wind. In addition, the medical waste storage should keep the contents in a nonputrescent state, using refrigeration when necessary and includes locks for outdoor storage areas and prevents unauthorized access.

[f] The equipment cleaning room shall be physically separated from the workstations and not visible to the public on Division Street or in the waiting area.

[g] The ventilation of the work areas shall be through the roof, rear of the building or sides of the building greater than fifty (50) feet from Division Street right-of-way. If visible from the public view the ventilation equipment (i.e. ducts, fans, etc.) shall be screened.

[h] The method of providing fifty (50) footcandles of artificial light within the establishment and a minimum of one hundred (100) footcandles at work stations and equipment cleaning room shall be depicted on the site plans. The lighting shall be aesthetically pleasing. The artificial light required for the facility shall not produce glare or violate the Borough's ordinances regarding site lighting.

[i] The NJ State Sanitary Code Chapter VIII Body Art Procedures requires (among others) that the floors and walls shall be made of smooth nonabsorbent and nonporous material that is easily cleanable. The needed information to satisfy the NJ State requirements shall be depicted on the site plan.

[j] Medical waste storage shall not be in the public view.

[k] The storefront shall contain a minimum of seventy-five percent (75%) clear glass and be inviting to the public.

[10] Custom (handmade) jewelry stores (1st floor);

[11] Fashion boutiques (1st floor);

[12] Antique shops (1st floor);

[13] Frame shops (1st floor);

[14] Art dealers (1st floor and upper floors; upper floors can only be used for storage if the 1st floor is used as an art dealer);

[15] Art auction houses (1st floor and upper floors; upper floors can only be used for storage if the 1st floor is used as an art auction house);

[16] Custom ceramic tile/handmade ceramic tile shop/stores (1st floor);

[17] Bookstores (1st and upper floors);

[18] Record stores (1st and upper floors);

[19] Photography studios/educational schools (1st and upper floors);

[20] Culinary/baking schools (1st floor and upper floors);

[21] Modeling schools/modeling services (i.e. runway, hands, etc.) (upper floors);

[22] Stained glass stores/schools (1st and upper floors);

[23] Handmade candy shops (1st floor);

[24] Magic shops (1st and upper floors);

[25] Costume shops (1st floor);

[26] Baking/dessert shops (1st floor);

[27] Card stores (1st floor);

[28] Custom body scent stores (i.e. Bath junkie) (1st floor);

[29] Micro brewery (1st and upper floors);

[30] Performing arts and cultural nonprofit institutions/ organizations (upper floors);

[31] Classrooms for performing arts, "Clean Arts" (e.g. printmaking, painting/drawing, photography, computer digital design center, cooking and textile/weaving/knitting), crafts and hobbies (1st and upper floors);

[32] Performing art facilities including dance studios, theaters for music/film/dance (1st and upper floors);

[33] Administrative offices associated with teaching performing and clean arts, performing art facilities and multi-use studios (1st and upper floors). If located on the 1st floor the offices cannot exceed twenty percent (20%) of the GFA;

[34] Gift shops associated with performing arts and cultural nonprofit institutions/organizations, performing art facilities, galleries, etc. (1st and upper floors);

[35] The retail sale of any handmade goods that are not mass produced and not specifically stated herein that are considered a form of art or craft are herein conditionally permitted. The conditions are as follows:

[a] The proposed change of use triggers a minor site plan application that is not eligible for a site plan waiver. If the proposed use does not meet the Borough's definition of minor site plan, then a major site plan approval is required.

[b] The applicant provides sufficient detail to demonstrate to the Planning Board that the handmade goods are not mass produced.

[c] The type of goods proposed to be sold is a craft or art form as determined by the Planning Board.

(3) Permitted uses - public property. The public property is defined as the area between the buildings located on either side of Division Street which consists of decorative stamped concrete. The area is divided into three (3) zones; sidewalk, transition area and travel way. The sidewalk is approximately twelve (12) to fifteen (15) feet wide and terminates at the running bond (i.e. rumble strip) where the removable bollards are located. The transition area is the four (4) foot wide zone between the rumble strip/bollard and edge of the travel way. The travel way is defined as a twelve (12) foot strip located in the center of the multi-use surface.

The permitted uses are per zone (i.e. sidewalk, transition area and travel way) and cover the following two (2) scenarios; multi-use surface used as a pedestrian plaza; and used for both pedestrians and automobiles.

The permitted uses are as follows:

(a) Sidewalks.

[1] Outdoor dining for adjacent restaurants and coffee shops (Planning Board approval required);

[2] Street vendors, merchants located within or not within the Arts District (DSA approval);

[3] Art installations (DSA and Council approval);

[4] Kiosks for teaching/demonstrating art (DSA approval);

[5] Display informational kiosks (DSA approval);

[6] Street performers and performing artists (DSA approval);

[7] Farmers market (DSA approval);

[8] Street fairs (DSA approval);

[9] Street musicians, acoustic/non-amplified music (DSA approval);

[10] Street musicians, amplified music (DSA approval). The requirements for amplified music are greater than for acoustic (non-amplified) music as the impact of the music on the community, merchants, residents and patrons could be greater due potential increased volume of the music. This is a general statement as it is not true in all cases, for example a marching band generates considerable volume of music and is not amplified;

[11] Art exhibits (DSA approval);

[12] Classrooms for performing arts and "Clean Arts" (printmaking, painting/drawing, photography, computer digital design center, cooking and textile/weaving/knitting), DSA approval;

[13] Sculptors, painters, stained glass artisans, handmade jewelry, frame making and any use permitted in private property located within the Arts District Overlay Zone (DSA approval).

If the street is being used by automobiles, the sidewalk uses must be located a minimum of six (6) feet from the rumble strip/bollards to allow sufficient room for pedestrians.

With the exception of outdoor dining, the use of the public property must be approved by DSA prior to its use. The DSA will facilitate and regulate the use of the public property within the Arts District.

(b) Transition area/travel way. The Fire Chief and Board of Engineers requests that the transition area and travel way be free from objects that are too heavy to be moved by one (1) person when the street is closed. As an option, heavy objects may be placed on wheels so that they can be moved by one (1) person. Heavy or permanent items should remain in the sidewalk area. Based on the guidance provided by the Fire Chief and Board of Engineers, the proposed uses of the transition area and travel way are as follows:

[1] The transition area may be a continuation of the sidewalk uses (as described above), with the exception of sidewalk cafes/restaurants, if the travel way remains free from obstructions and is used for pedestrian movement (when the street is closed). Therefore, a twelve (12) foot wide strip down the middle of the street will be used for pedestrian movement. The items placed on transition area must meet the requirements of the Fire Chief and Board of Engineers, thus, permanent heavy items cannot be placed on the transition area. Regardless of how the street is used, the sidewalk cafes/restaurants are limited to the sidewalk area and cannot extend into the transition area or travel way.

[2] The transition area and travel way can be used for the same uses of the sidewalks if the sidewalks remain open for pedestrian movement and the requirements of the Fire Chief/Board of Engineers are addressed.

[3] In summary, the sidewalk and transition area can be used for permitted activities while the travel way remains open or the travel way/transition area can be used for permitted activities while the sidewalks remain open for pedestrian traffic (as long as the Fire Chief/Board of Engineers requirements are met). Given that the width of the sidewalk and transition area (thirty-two (32) to thirty-eight (38) feet if both sides are used) is much wider than the combined width of the travel way and transition area twenty (20) feet, the preferred layout is to use the sidewalks and transition areas for permitted uses.

[4] During special events the entire width of the multi-use surface (building face to building face) may be used upon addressing the requirements of Borough Officials, Fire Chief/Board of Engineers and Somerville Rescue Squad.

[5] The programming of events and uses of the sidewalk, transition area and travel way shall be by the DSA with the exception of sidewalk cafés which require Planning Board approval or Borough Council approval for the permanent/semi-permanent installation of items on the sidewalk.

§ 102-106 B-2 Central Business District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B:

(1) Notwithstanding the front yard requirement in Schedule B, no front yard depth shall be less than the depth of the most shallow front yard facing the same street on any abutting properties in the same zone district. No building shall be permitted to encroach into any public right-of-way.

(2) Notwithstanding the side yard requirements in Schedule B, in the event that the building is not constructed up to the side lot line, the minimum side yard shall be twelve (12) feet in depth.

(3) Notwithstanding the building height requirements in Schedule B, the height of principal buildings shall not exceed five (5) stories, exclusive of basement, or seventy-five (75) feet, whichever is less, except as provided otherwise below:

(a) No principal building shall exceed by more than one story or fifteen (15) feet the height of the tallest building or buildings that front on the same street and are located within one hundred fifty (150) feet of such building. Notwithstanding the foregoing, however, all principal buildings shall be permitted a height of three (3) stories, exclusive of basement, or forty-five (45) feet, whichever is less, regardless of the height of other buildings in the vicinity.

(b) No principal building located within one hundred (100) feet of a residential zone district boundary shall be permitted to exceed three (3) stories, exclusive of basement, or forty-five (45) feet, whichever is less.

C. Other regulations.

(1) Window area. Any new building or any substantial renovation or reconstruction of the facade of an existing building which faces a street or parking area shall contain a transparent window area on the ground floor which comprises not less than forty percent (40%) of the ground floor facade area which faces the street or parking area. When a building contains more than one tenant space on the ground floor, this requirement shall apply to and be calculated separately for each facade area devoted to such tenant spaces. When an existing building contains more than one (1) unit occupied by different tenants, the above requirement shall apply only for the facade of the units being renovated or reconstructed.

[Amended 06-16-03 by Ord. 2143]

(2) Facade treatment. Any new building shall have a facade that is harmonious in scale, color, material, etc. with nearby existing building facades. Any substantial renovation or reconstruction of the facade of an existing building shall restore and/or retain the original facade treatment, if possible. If not possible, the facade renovation shall adhere to the requirement for new buildings. Facade treatments shall be attractive on all sides facing a street, parking area or pedestrian path. All facade designs shall be submitted to the Architectural Review Board for review and comment.

(3) Pedestrian access. All ground floor uses shall provide an entrance and exit from/to the public sidewalk in the street upon which the subject property has frontage, which entrance shall remain open to the public at all times during business hours. In the case of a corner lot, an entrance/exit shall be provided on the street carrying the greater volume of pedestrian traffic, as determined by the Planning Board.

§ 102-107 B-3 Business Services District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B:

(1) Notwithstanding the building height requirements in Schedule 'B', the height of principal buildings shall not exceed five (5) stories, exclusive of basement, or seventy-five (75) feet, whichever is less, except as provided otherwise below:

(a) No principal building shall exceed by more than one (1) story or fifteen (15) feet the height of the tallest building or buildings that are located within a two hundred (200) foot radius of the building lot. Notwithstanding the foregoing, however, all principal buildings shall be permitted a height of three (3) stories, exclusive of basement, or forty-five (45) feet, whichever is less, regardless of the height of other buildings in the vicinity.

[Amended 12-18-06 by Ord. 2225]

(b) (Reserved)

[Repealed 12-18-06 by Ord. 2225]

§ 102-108 B-4 Neighborhood Business - Residential District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

[Amended 9-8-09 by Ord. No. 2312]

(1) Notwithstanding the permitted uses in Schedule A included as an attachment to this chapter. No retail business shall be open between the hours of 12:00 a.m. and 6:00 a.m.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter.

§ 102-109 B-5 Highway Business District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter.

§ 102-110 B-6 Shopping Center Business District.

The B-6 district is located within the Borough Landfill Redevelopment Area. The zoning regulations for this district are found in the "Redevelopment Plan, Borough Landfill Redevelopment Area", dated February, 1998, amended February 25, 1998, and as may be subsequently amended.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter and the above-referenced redevelopment plan.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter and the above-referenced redevelopment plan. The following requirements shall supplement those contained in Schedule B:

(1) Minimum front yard requirements shall be as follows:

(a) Front yards facing Route 206: one hundred fifty (150) feet.

(b) Other front yards: fifty (50) feet, or twice the height of the building, whichever is more restrictive.

(2) In the case of development by stages, improvement coverage shall not be calculated against the tract area being developed in each stage, but improvement coverage shall be calculated for all stages combined against the total tract area.

(3) Notwithstanding any less restrictive requirements in Schedule B, no site improvements, other than landscaping as approved by the Board, shall be constructed within one hundred (100) feet of the lots containing the historic sites located on Washington Place, known as the "Wallace House" and the "Old Dutch Parsonage House", provided; however, that if Schedule B or any other provision of this chapter sets forth a more restrictive requirement, the same shall apply.

§ 102-111 I-1 Industrial District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B:

(1) The floor area devoted to warehouse usage shall not exceed thirty percent (30%) of the total gross floor area of all buildings on the site.

(2) Retail and service uses permitted as a conditional use in this district shall be subject to the requirements set forth in Schedule B for the B-6 zone district, and shall be exempt from the requirements in Schedule B otherwise applicable in the I-1 district, except for Subsection B(3) below,

(3) For any lot abutting the Raritan River, a conservation easement at least one hundred (100) feet in depth shall be required. The easement shall be measured from the top of the river bank or from the 100-year flood hazard area limit, whichever is most restrictive. The conservation easement may include part or all of the rear yard, as determined appropriate by the Board.

§ 102-112 I-2 Industrial District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule A:

(1) Warehouse facilities and wholesale storage shall only be permitted as an accessory to a permitted principal use, and only within a completely enclosed building.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter.

§ 102-113 CG County Government District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter.

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B:

(1) In the event the front yard in the CG zone district faces properties across the street located in a PO-R zone district, there shall be a minimum front yard of twenty-five (25) feet.

(2) For purposes of administering the maximum building coverage and maximum improvement coverage requirements in Schedule B, the area of all buildings or improvements, as applicable, located on County-owned properties in the block shall be divided by the total area of such County-owned properties in the same block.

§ 102-114 H Hospital District.

A. Permitted uses and structures. See Schedule A, Permitted Uses and Structures included as an attachment to this chapter. Notwithstanding the list of permitted and prohibited uses in Schedule A, the permitted uses in the H — Hospital District shall only apply to that portion of Lots 4, 5 and 6 in Block 12 located in the H — Hospital District if such properties are developed for uses ancillary to or as an adjunct of the Somerset Medical Center. If not developed for such ancillary or adjunct uses, the permitted uses in the PO-R district shall apply to that portion of Lots 4, 5 and 6 in Block 12 located in the H — Hospital District.

[Amended 12-29-03 by Ord. 2152]

B. Bulk and lot regulations. See Schedule B, Lot, Bulk and Intensity of Development Standards included as an attachment to this chapter. The following requirements shall supplement those contained in Schedule B:

[Amended 12-29-03 by Ord. 2152]

(1) Notwithstanding the lot, bulk and intensity of development standards in Schedule B, such standards shall only apply to that portion of Lots 4, 5 and 6 in Block 12 located in the H — Hospital District if such properties are developed for uses ancillary to or as an adjunct of the Somerset Medical Center. If not developed for such ancillary or adjunct uses, the standards of the PO-R district shall apply to that portion of Lots 4, 5 and 6 in Block 12 located in the H — Hospital District.

(2) The minimum lot area and lot width in Schedule B shall be calculated against all parcels within the entire tract in contiguous ownership. For purposes of administering these requirements, existing streets shall neither be deemed to divide the tract nor to be a part of the tract acreage. Notwithstanding the foregoing, the minimum lot area for that portion of the H district located south of Grant Avenue shall be two (2) acres.

(3) Minimum front yard. The minimum front yard setback shall be as follows:

(a) Grant Avenue: 25 feet on the north side of the street, 12 feet on the south side of the street; provided, however, that any above-grade pedestrian connection between buildings located on the north side and south side of Grant Avenue shall be exempt from the foregoing front yard requirements.

(b) Main Street: 25 feet for any building having a height up to 2 1/2 stories or 35 feet, whichever is less, plus 5 additional feet for each additional 1/2 story or 5 feet, or portion thereof, of building height.

(c) Post Street: 25 feet.

(d) Rehill Avenue: 25 feet.

(4) Minimum side yard. The minimum side yard setback shall be as follows:

(a) North of Grant Avenue: 25 feet.

(b) South of Grant Avenue:

[1] From any side lot line intersecting Grant Avenue, 5 feet for portions of buildings up to 20 feet high, and 15 feet for portions of buildings higher than 20 feet.

[2] From any side lot line intersecting Main Street or Rehill Avenue, 10 feet for portions of buildings up to 2 1/2 stories or 35 feet, whichever is less, and 25 feet for buildings higher than 2 1/2 stories or 35 feet.

(5) Minimum rear yard. The minimum rear yard setback shall be as follows:

(a) North of Grant Avenue: 25 feet.

(b) South of Grant Avenue: 15 feet.

(6) Maximum building height. The maximum building height shall be as follows:

(a) Between Grant Avenue and a projection of the southerly right-of-way line of Madison Street: 7 stories or 95 feet, whichever is less.

(b) North of a projection of the northerly right-of-way line of Fairmont Avenue: 7 stories or 95 feet (in height), whichever is less, for any portion of a building located at least 50 feet from the right-of-way of Post Street or Rehill Avenue, 50 (in height) feet for any portion of a parking garage located at least 35 feet from the right-of-way of Rehill Avenue and 35 feet for any portion of a building located less than 50 feet from the right-of-way of Post Street or Rehill Avenue (with the exception of a parking garage as enumerated above).

[Amended 4-20-09 by Ord. 2301]

(c) South of the northerly right-of-way line of Grant Street: 3 stories or 55 feet, whichever is less.

C. Other regulations.

(1) A long range development plan or an amendment of same, as appropriate, may be required by the Board to be submitted with a development application, if in the Board's opinion the proposed development affects the future planning of the zone or surrounding areas. This long range development plan may be required to include at least a land use plan, site circulation plan, open space plan and utility plan.

(2) Notwithstanding other provisions of this chapter, a neighborhood transition buffer shall be required for those portions of the H zone district located north of a projection of the southerly right-of-way line of Madison Street and which abut or are located directly across the street from a residential zone district. Such transition buffer shall be fifty (50) feet in depth, measured from the street right-of-way line or residential zone district boundary, as applicable. Within the required buffer, the following requirements shall apply:

[Amended 12-29-03 by Ord. 2152]

(a) No building (other than a parking structure) shall exceed thirty-five (35) feet in height.

[Amended 4-20-09 by Ord. 2301]

(b) Buildings shall be designed with variations in roof line, setback and mass, in order to avoid continuous unbroken building facades which tend to act as a walled visual barrier when viewed from residential properties.

(c) Building and structure facades which face a public street and are opposite a residential zone district shall be designed with architectural elements so as to be compatible with the character of such residential zone district.

(d) Improved open space in the form of interconnected landscaped areas interspersed between buildings so as to create a park-like streetscape across from residential districts shall be provided.

(e) Individual lots which may be created for buildings other than the main hospital building, and which are located, in whole or in part, within the transition buffer, shall be required to comply with the requirements set forth in Schedule B applicable to the PO-R zone district.

§ 102-115 Special Improvement District.

[Added 4-6-09 by Ord. 2290; amended 10-1-2018 by Ord. No. 2559]

A. Designation. The Special Improvement District designation is on the Zoning Map and is also on file with the Borough Clerk by street address and block and lot number as set forth on the Borough Tax Map. In case of conflict between the Zoning Map and the designation on file with the Borough Clerk, the designation on file with the Borough Clerk shall apply.

B. Purpose. It is the intent and purpose of this section to encourage and endeavor to have the exteriors of all structures in the district which are or become used, in whole or in part, for nonresidential use to be representative of the design of nonresidential structures in existence during the Victorian era, to the extent the original architecture of the structure will allow, and/or to return such structures to their original design, all of the foregoing consistent with the objective outlined in the improvement implementation plan for the Main Street business district and the Architectural Review Board Design Guidelines.

C. Review required by Architectural Review Board. Within the Special Improvement District, no building permit or sign permit shall be issued for construction of or alteration to the exterior of any building or for any signs without prior review by the Architectural Review Board. The Architectural Review Board shall review all such plans and shall recommend to the Zoning Official approval or disapproval of same. A copy of the Architectural Review Board recommendation shall be sent to the applicant. The Zoning Official shall be permitted to condition any approval of an application upon a satisfactory review by the Architectural Review Board. The majority of the members of the Architectural Review Board shall meet telephonically, electronically or in person within seven business days of receipt of all the required documents. Failure to do so will allow the Zoning Officer to issue the appropriate approval.

[Amended 5-15-2023 by Ord. No. 2704]

D. Vacant and unoccupied stores. The storefront glass for vacant and/or unoccupied stores located in the Special Improvement District (SID) shall be internally covered with paper provided by the DMC (District Management Corporation) unless other arrangements are provided. Vacant and unoccupied stores shall mean stores not leased or occupied by a tenant or property owner. The storefront glass shall be internally covered with paper within 10 days of the store becoming unoccupied or vacated and being provided the covering. The covering shall not be removed until the store is reoccupied/leased and is open to the public (within 48 hours of public opening of the store or as allowed by the DMC) unless other arrangements are approved. If the store owner and/or lessee wishes to install a different window treatment other than provided by the DMC, the owner and/or lessee shall submit the proposed internal covering to the Architectural Review Board (ARB) for approval. In the interim between the requirement to install storefront glass paper and the owner and/or lessee applying to the ARB, the DMC-supplied paper shall be used to cover the storefront glass.

§ 102-116 Conditional Uses.

[Amended 06-16-03 by Ord. 2143; 12-2-13 by Ord. No. 2424; 7-21-08 by Ord. 2275; 7-21-08 by Ord. 2276; 5-20-2018 by Ord. No. 2572; 5-15-2023 by Ord. No. 2703; 12-16-2024 by Ord. No. 2751]

Any use listed as a conditional use in a particular district may be permitted by the Planning Board, but only after it has determined that the development proposal complies with the conditions and standards set forth herein for the location and operation of such use. No conditional use shall be granted unless the use will not be detrimental to the health, safety, and general welfare of the Borough, is not likely to involve risks to traffic safety or traffic congestion, and is necessary for the general welfare of the community.

A. General requirements for conditional uses. All conditional uses shall comply with the following requirements and standards in addition to all other applicable provisions of this chapter.

(1) All proposed structures, equipment, or material shall be readily accessible for fire and police protection.

(2) The proposed use shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the surrounding area in which it is proposed to be situated, particularly if it is located in a historic district or residential zone.

(3) The proposed use shall be consistent with the stated goals and objectives of the Borough of Somerville Master Plan.

(4) The location, size, activity, site layout, street access, pedestrian and vehicular movement, and possible assembly of people shall be harmonious with the area's zoning.

(5) The location and height of buildings, fences, and landscaping shall not discourage the appropriate development and use of adjacent lands or buildings.

(6) Except as may be modified herein for each permitted conditional use, all required area and bulk regulations for the zoning district in which the conditional use is located shall apply.

B. Lumber and other building materials establishments, retail nurseries and garden supply stores. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) The primary access and egress shall be from/to Route 22, Route 202 or Route 206.

(2) No outdoor storage shall be visible from public view; such areas must be screened by solid fencing and/or appropriate landscaping.

(3) Lights, other than for security purposes, that are located along residential property lines shall be time controlled to be turned off no later than 11:00 p.m.

(4) Where the subject property abuts a lot used or zoned for residential purposes, the buffer provisions of § 102-88 shall be complied with.

C. Mobile home dealers; new and used car dealers; used car only dealers; boat, recreational vehicle, motorcycle and other automotive dealers; and automotive rental leasing establishments (without drivers). Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) Cars, trailers, motorcycles, recreational vehicles and boats shall be serviced within an enclosed building.

(2) Any vehicle displayed outdoors shall be set back twenty-five (25) feet from any street right-of-way or property line. The twenty-five (25) foot setback area shall be landscaped and attractively planted with low-growing shrubbery and plants.

(3) All automobile parts and similar articles shall be stored within a building.

(4) Lights, other than for security purposes, that are located along residential property lines shall be time controlled to be turned off no later than 11:00 p.m.

(5) When a new or used car lot abuts residences, the buffer provisions of § 102-88 shall be complied with.

(6) All lot areas used by motor vehicles shall be provided with a dust-free surface and drained onto a public street or public drainage systems with provisions for an oil trap.

(7) No new or used cars shall be stored, displayed or parked on a public street or right-of-way.

(8) There shall be provided adequate space on-site for the loading and unloading of motor vehicles from trucks.

D. Wholesale trade establishments. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) There shall be no outdoor display or outdoor storage of goods.

E. Gasoline service stations; automotive repair shops; and automotive services, except repair. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) Distance from public assembly. The nearest lot line of the lot or parcel of land to be used as a auto repair or service facility shall be at least three hundred (300) feet, measured in a straight line, from the nearest lot line of any lot upon which is located any building used as a theater, auditorium or other place of public assembly capable of seating over one hundred (100) persons or used as a church, hospital for humans, college, school, public library or institution for dependents or children of any public playground or athletic field.

(2) Mixed use prohibited. No part of any auto repair or service facility, wherever located, shall be used for any other purpose.

(3) Distance from other similar use. No part of any auto repair or service facility, nor any driveway entrance or exit to or from the same, shall be located within five hundred (500) feet of any lot line of any lot upon which is located a similar use.

(4) Minimum lot area and frontage. The minimum lot size for any lot upon which said use is located shall be ten thousand (10,000) square feet, and the minimum street frontage of said lot shall be one hundred (100) feet. If a public garage or gasoline service station is located on a corner lot, the minimum street frontage on each street shall be one hundred (100) feet.

(5) Entrance and exit driveways. Entrance and exit driveways to and from any lot upon which said use is located shall have an unrestricted width of not less than sixteen (16) feet nor more than thirty (30) feet, shall be located no nearer than ten (10) feet from any lot line nor fifty (50) feet from any street intersection and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.

(6) Outdoor repair. On any premises upon which said use is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed. Any vehicles stored outside overnight shall be so stored as to meet the provisions of this chapter.

(7) Setback restrictions. No part of any building used as an auto repair or service facility and no filing pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within ten (10) feet of any side or rear lot line, and the ten-foot free area required hereunder shall at all times be kept free, open and unobstructed for the purpose of ready access by emergency fire and police vehicles.

(8) Storage of flammable materials. At said use, storage facilities for gasoline, oil or other flammable materials in bulk over seventy-five (75) gallons shall be located wholly underground and no nearer than thirty-five (35) feet to any lot line other than any street side line. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within ten (10) feet of any street side line, and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.

(9) Accessory goods for sale at gasoline filling stations may be displayed out of doors on the pump island(s) and the building island only. Such limited outdoor display may be on the above islands only if contained within a suitable metal stand or rack. Tires shall be stored only inside the principal building. Vending machines, if any, shall be located within the principal building.

(10) Floor drains shall not be connected to the sanitary sewer system. A separate grease separation unit shall be installed.

F. Rooming and boarding houses. Where indicated as a conditional use by Schedule A, this use shall be permitted only if the following requirements are complied with:

(1) The use shall be limited to the taking in of nontransient boarders or roomers by a family resident.

(2) No more than two (2) roomers or boarders shall be accommodated.

(3) Such use shall be permitted only in single-family detached dwellings.

(4) The roomers or boarders shall live within the principal residential building.

(5) No separate cooking facilities or dwelling unit shall be created.

(6) The minimum number of off-street parking spaces required by Schedule C included as an attachment to this chapter . No such spaces shall be located in the front yard of the lot.

G. Motion picture theaters. Where indicated as a conditional use by Schedule A, this use shall be permitted only if the required minimum number of parking spaces as set forth in Schedule C are provided.

H. Nursing and personal care facilities. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(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 that the organization is or will be a sanatorium or nursing home regulated and approved by the State of New Jersey.

(2) Minimum lot area: seven hundred fifty (750) square feet for every unit or bed of the proposed use, but in no event less than seventy-five thousand (75,000) square feet.

(3) Minimum lot frontage: one hundred fifty (150) feet.

(4) Minimum lot width: one hundred fifty (150) feet.

(5) Minimum front yard: fifty (50) feet.

(6) Minimum each side yard: twenty-five (25) feet or the height of the building, whichever is greater.

(7) Minimum rear yard: fifty (50) feet.

(8) Maximum principal structure height: thirty-five (35) feet.

I. Elementary and secondary schools; vocational schools; elementary, secondary and vocational schools. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(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 will be a bona fide 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 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 premises may be made available on a rental basis for meetings of other groups, private social functions, and the like.

[2] 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 that such activities are conducted inside a building or structure. Such activities shall also be permitted outside a building or structure under authority of a special license granted by the Borough Council of the Borough of Somerville, which license contain such conditions as are considered necessary for the public health, safety, and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit making organization as a fee.

[3] 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 that such sales are conducted inside the building or structure.

(2) Minimum lot area: ninety thousand (90,000) square feet plus an additional forty-five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity.

(3) Minimum lot frontage: two hundred twenty-five (225) feet.

(4) Minimum front yard: two (2) feet for each foot of building height, or the front yard requirement of the zone in which it is located, whichever is greater.

(5) Minimum side yard: two (2) feet for each foot of building height or forty (40) feet, whichever is greater.

(6) Minimum rear yard: two (2) feet for each foot of building height or fifty (50) feet, whichever is greater.

(7) Maximum building height: the height limitation of the zoning district in which it is located.

J. Libraries, museums, art galleries and botanical and zoological gardens. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) The buffer requirements of § 102-88 shall be complied with.

(2) No parking shall be located within the front yard of the lot.

K. Houses of worship. Where indicated as a conditional use by Schedule A, this use shall be permitted only if the following requirements are complied with:

(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 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 premises may be made available on a rental basis for meetings of other groups, private social functions, and the like.

[2] 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 that such activities are conducted inside a building or structure. Such activities shall also be permitted outside a building or structure under the authority of a special license granted by the Borough Council of the Borough of Somerville, which license shall contain such conditions as are considered necessary for the public health, safety, and welfare. This subsection 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.

[3] Sales of religious articles or items having a relation to the cultural or ethnic background of the members of the faith is permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

(2) Minimum lot area: forty thousand (40,000) square feet.

(3) Minimum lot frontage: one hundred fifty (150) feet.

(4) Minimum front yard: the front yard requirement for the zone in which it is located.

(5) Minimum side yard: twenty-five (25) feet or the height of the structure, whichever is greater.

(6) Minimum rear yard: fifty (50) feet or the height of the structure, whichever is greater.

(7) Maximum building height: the maximum building height requirements for the zone district in which it is located, but in no event greater than fifty (50) feet.

(8) A parish house, rectory or parsonage shall conform to the requirements for a single family dwelling for the district in which the building would be located.

(9) 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, create a mixed use as defined herein for the premises on which they are conducted.

L. Pipelines, except natural gas; electric, gas and sanitary services; public utilities and communications, except commercial communication antennas. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.

(2) The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

(3) Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utilities and the National Electric Safety Code in effect at the time of construction.

(4) Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained to beautify the site and to conform with the buffer requirements of § 102-88.

(5) Off-street parking shall be provided as determined by the Planning Board during site plan review.

(6) All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

M. Cellular telecommunications antennas. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) Freestanding antennas. Freestanding antennas, i.e., antennas on a tower or other structure dedicated primarily for such use, shall only be permitted in the I-2 zone district, and only if the applicant demonstrates that such freestanding antenna is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission. Included as part of this requirement, the applicant shall demonstrate that 1) the technology proposed is the least visually intrusive of various suitable technologies; 2) that the height of the antennas is the minimum necessary; and 3) that colocation of the antenna on other existing structures, either within or outside the Borough, is either not practical in order to provide adequate communication or that the visual impact to the community on the proposed site is less than would exist at such alternative locations. The following requirements shall apply to such antennas:

(a) The antenna(s) and any related structures, shall be set back at least one hundred (100) feet or a distance equal to the height of the antenna(s), whichever is greater, from any property line, and at least five hundred (500) feet from any residential zone boundary or residential property line.

(b) The height of such antenna and related structures shall not exceed more than one hundred fifty (150) feet above the ground.

(c) The base of the antenna support structure and any related structures shall be screened from the street and adjacent properties in a manner acceptable to the Board. If deemed necessary by the Board to mitigate the visual impact of the antenna and related structures, the color, materials and design of the entire antenna and related structures shall be required to be modified in appearance so as to blend in with the surrounding environment, as determined by the Board to be appropriate in the particular situation.

(2) Antennas mounted on an existing structure. In addition to any other applicable requirements of this chapter, the following requirements shall apply to cellular telecommunications antennas mounted on an existing structure:

(a) The existing structure shall be at least fifty (50) feet in height.

(b) The antenna(s) shall be located no less than fifty (50) feet above normal grade at the base of the structure.

(c) The height of such antenna and related structures above the ground shall not exceed the height above the normal grade at the base of the existing structure by more than fifteen (15) feet, or twenty percent (20%) of the height of the existing structure, whichever is less.

(d) Except for the antennas themselves, any equipment or related structures mounted on the roof of a building shall be set back from the building facade a distance equal to or greater than the height of such equipment above the roof elevation in the location of such equipment.

(e) When visible from any abutting street or property, the antenna and related structures shall be screened, as much as possible without interfering with antenna transmission and reception, by materials that have the same color and finish as the building facade, or when mounted on the roof of a building with a sloped roof, have the same color and finish as the roofing material. If complete screening is not provided, the applicant shall have the burden of proving that the same is not possible without interfering with antenna reception and transmission.

N. Manufacturing. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) Manufacturing shall only be permitted as a conditional use along properties fronting on Route 206.

(2) No outdoor storage shall be permitted. All storage must be within an enclosed building.

(3) Where the subject property abuts a residential lot, the buffer requirements of § 102-88 shall be complied with.

O. Retail and service uses in the I-1 zone district. Where indicated as a conditional use by Schedule A, these uses shall be permitted only if the following requirements are complied with:

(1) The subject property shall have frontage on Route 206.

(2) Access to the subject property shall be provided from Route 206. The foregoing shall not be construed to prohibit additional access from other streets.

P. Retail sales accessory to permitted professional office use in the PO-R zone district. The sale of retail goods shall be permitted on the same property as a permitted professional office use in the PO-R zone district only if all of the following requirements are complied with:

(1) The retail sales use shall be clearly incidental and accessory to the provision of services in the professional office in the building. By way of example, but not limitation, the retail sales use shall not increase the number of employees, visitors or parking spaces that would be experienced or needed without such retail sales use.

(2) There shall be no storage or display of retail goods outside a building, nor shall such storage and display be visible from outside any building.

(3) There shall be no exterior signs advertising the retail sales use on the premises.

Q. Tattoo businesses. Tattoo businesses shall comply with the following requirements:

(1) Located in the I-1 zone district with frontage on Route 206.

(2) The lot, bulk and intensity of development requirements of the I-1 zone district shall be met.

R. Adult stores or video stores. Adult book store or adult video stores shall comply with the following requirements:

(1) Located in the I-1 zone district with frontage on Route 206.

(2) Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from public or semipublic areas. All building openings and windows, etc. shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.

(3) Two (2) exterior signs are permitted consisting of one (1) identification sign and one (1) sign giving notice that the premises are off limits to minors. The identification sign shall be no more than twenty (20) square feet.

(4) The lot, bulk and intensity of development requirements of the I-1 zone district shall be met.

(5) A buffer of at least fifty (50) feet in width is required around the perimeter of a site developed with an adult entertainment use, provided that the buffer requirement does not apply to the area that contains the vehicular access into or out of the site. Landscaping, which shall include two (2) double rows of evergreen plantings, and fencing shall be installed to impede the view of the interior of the premises in which the building is located.

(6) No adult bookstore shall allow any person (female) to appear with either or both breasts exposed and no person (male or female) may appear with the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered.

(7) The Architectural Review Board (ARB) shall review the architectural elements of the building including the screening of all windows.

S. Wind energy system.

(1) Due to the nature of the small residential lot sizes found within the Borough, large diameter, tall wind mills shall not be permitted to be constructed in the Borough;

(2) Wind energy systems shall be restricted to vertical axis wind turbine technology and permitted accessory uses or structures in specified zoning districts when primarily intended to provide energy for consumption on site. However, this primary intention provision shall not be interpreted to prohibit the sale of excess power generated by such systems when in accordance with procedures and regulations established by the NJ Board of Public Utilities.

(3) In the R-1, R-2, R-3, PO-R, H, G, B-3, B-4, B-5 and SC Zone Districts the following are conditionally permitted:

(a) The system shall generate no more than ten (10) kW per residential dwelling or commercial building or be sized to generate more power than what is required by said structure.

(b) Only one vertical axis wind turbine can be installed per lot.

(c) The size of the vertical axis wind turbine shall be no more than four (4) feet in diameter and six (6) feet tall.

(d) The height shall be restricted to forty-five (45) feet above ground surface to the top of the wind turbine unit.

(e) Support poles/towers and support foundations shall be designed by a licensed engineer in the State of New Jersey. In the event that a wind turbine unit is mounted to, or is constructed on top of, an existing dwelling or building, detailed calculations and engineering drawings of the mounting shall be provided by a licensed engineer in the State of New Jersey. Cables shall not be permitted to support towers, monopoles or roof mounted units.

(f) No vertical axis wind turbine support pole or tower shall be constructed in the front side yard of any property.

(g) Support poles and towers, including height of the wind turbine unit shall be set back a distance equal to its height from; all property lines; overhead utility poles/lines; public road right-of-way.

(h) All units must be connected to the electrical grid and all wiring shall be concealed, under roof lines, below the roof deck structure or underground.

(i) Noise energy levels shall not exceed 50 dBA at the property line.

(j) All applications on nonresidential property require minor site plan approval that is not eligible for site plan waiver (unless the project meets is defined as a major site plan application). On residential lots (which are site plan exempt) the applicant shall submit a signed and sealed property survey by a New Jersey licensed surveyor which depicts all existing features including utility poles/lines. In addition the wind system specifications, wind study and design calculations for a turbine, pole, foundation, roof mounting, etc., performed by a New Jersey licensed engineer.

(k) All ground wind energy systems shall not be artificially lighted except to the extent required by the FAA or other applicable authority.

(l) All moving parts of the wind energy system shall be a minimum of twelve (12) feet above grade.

(m) The blades on the wind energy system shall be constructed of a corrosive-resistant material.

(n) The wind energy system shall comply with New Jersey's net metering and interconnection standards and the applicant shall provide proof that it has met any and all New Jersey Board of Public Utility guidelines in connection with the wind energy systems.

(o) Wind turbines contained in wind energy systems shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.

(p) The wind energy system shall not be used for displaying any advertising except for the reasonable identification of the manufacture of operator of the system. In no case shall any identification be visible from the property line.

(q) The tower shall be designed and installed so as not to provide step bolts, a ladder or other publicly accessible means of climbing the tower, for a minimum of ten (10) feet above ground level.

(4) In the I-1 & I-2 zone districts, the wind energy system is conditionally permitted, with the conditions being the same as described above § 102-116S(3) with the exception of the height which shall be restricted to one hundred (100) feet above ground surface to the top of the wind turbine unit.

(5) In the B-1 and B-2 zone districts wind energy systems are not permitted.

(6) A wind energy system that is out of service for a continuous twelve (12) month period shall be deemed to be abandoned and the Zoning Officer may issue a "Notice of Abandonment" to the owner. The notice shall be sent via regular and certified mail return receipt requested to the owner of record. Any abandoned system shall be removed at the owner's sole expense within six (6) months after the owner receives "Notice of Abandonment" from the Borough. If the system is not removed within six (6) months the Borough may remove the wind energy system and place a lien upon the property.

(7) Any approval of a wind energy system does not create any actual or inferred wind energy system easement against adjacent or surrounding property and/or structures. The owner and/or property owner of a wind energy system shall not infer or claim any rights to protective writs to any caused wind buffers or operating ineffectiveness against future development adjacent to the property location of the wind energy system. The approval of any wind energy system granted by the Borough of Somerville under this Article shall not create any future liability or infer any vested rights to the owner and/or property owner of the wind energy system on the part of the Borough of Somerville or by any other officer or employee thereof for any future claims against said issuance or approval of the wind energy system that result from reliance on this Article or any administrative decision lawfully made thereunder.

T. Solar energy system.

(1) Due to the nature of the small residential lot sizes found within the Borough, ground mounted solar energy systems shall not be installed.

(2) In all zone districts the following are conditionally permitted:

(a) No roof-mounted solar energy systems shall be installed on a nonconforming structure unless micro inverters are used or documentation is provided that demonstrates that the string inverter produces less than 50dBA at the property line.

(b) A roof-mounted solar energy system shall be mounted parallel to the roof angle and shall not exceed a height of six (6) inches above the edge of the roof line or above the highest point of the roof surface or structure;

(c) A roof-mounted solar energy system that is mounted on a flat roof may be angled to achieve maximum sun exposure but shall not exceed five (5) feet above the roof and shall comply with the height regulations of the zone district.

(d) In no instance shall any part of a solar energy system extend beyond the roof edge.

(e) Roof-mounted solar systems are discouraged from being erected on the front roof of a structure which faces a street. Solar energy systems shall be located on a rear-facing or side-facing roof, as viewed from any adjacent street, unless such installation is proven to be not as ineffective or impossible.

(f) (Reserved)[1]

[1] Editor’s Note: Former Subsection T(2)(f), regarding limits on electricity generation, was repealed 5-15-2023 by Ord. No. 2703

(g) Solar energy systems shall be designed by a design professional (as defined by the New Jersey Uniform Construction Code). This design includes providing detailed calculations and engineered drawings of the rooftop mounting system, electrical cables shall be concealed below the roof line.

(h) Invertor noise shall not exceed 50 dBA at the property line;

(i) The design of the solar energy system shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend into the natural setting and existing environment;

(j) A solar energy system shall not add, contribute to or be calculated to cause an increase in the improvement coverage of the lot;

(k) All applicants shall submit the necessary information to the Zoning Officer for review.

(l) Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent or surrounding property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the Borough of Somerville under this Article shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Borough of Somerville or by any other officer or employee thereof for any future claims against said issuance or approval of the solar energy system that result from reliance on this Article or any administrative decision lawfully made thereunder.

U. Fences.

(1) Corner lots, as defined in § 102-4, have two front yards and if desired, the requirements stated in § 102-120F can be followed. Any fence located in the front yard of the building's street address shall be constructed in accordance with § 102-120F.

(2) The conditions below apply to fences not located in the front yard of a building's street address and shall be applicable to fences located outside of the safety triangle described in § 102-117I. Fences located within the safety triangle shall comply with the requirements stated in § 102-117I. The conditions below shall apply to the specific proposed fences as appropriate.

(a) All fences shall be located a minimum of three feet from the public sidewalk or three feet from the property line where sidewalks do not exist. In addition, the fence shall be located on private property and not within the street right-of-way, despite the location of the property line.

(b) Up to 30% of the length of a fence may have a maximum height of five feet and be solid.

(c) A living fence or landscape fence which includes a row of shrubs, hedgerows, landscape berms or similar plantings shall not exceed a maximum height of four feet.

(d) A picket fence (fence with in-line boards no larger than one inch x three inches with gaps equal to the width of the Boards) shall not exceed a maximum height of five feet.

(e) Ornamental fence (wrought iron, tubular aluminum or similar) shall not exceed a maximum height of five feet.

(f) A combination fence is permitted. The open portion of the fence can be a lattice (open framework made of strips of wood or similar material overlapped or overlaid in a regular crisscross or decorative pattern. The maximum height of the combination fence shall be five feet.

(g) A board-on-board fence (fence with alternating vertical boards over horizontal structures that give the fence a finished look on both sides) shall not exceed a maximum height of four feet.

(h) A chain-link or cyclone fence (constructed of woven wire fence) with solid privacy inserts shall not exceed a maximum height of three feet.

All applications proposing to use the above stated conditional use standards shall be reviewed by the Architectural Review Board (ARB) and members of the ARB shall be residents of the Borough unless otherwise specifically authorized by the Code. To the extent possible, the ARB shall include a resident of the Borough that is not affiliated with the Board of Adjustment, Planning Board or Downtown Somerville Alliance. The ARB shall make a recommendation to the Planning Board regarding the proposed fence and its compliance with the conditional use requirements of this section. Should the ARB not recommend approval of the fence as being compliant with this section, the applicant shall have the right to apply for the fence permit directly to the Planning Board

Should the Planning Board determine that the fence does not comply with the conditions of this section, the applicant can submit the application to the Board of Adjustment for approval pursuant to N.J.S.A. 40:55D-70(d)(3).

§ 102-117 General Regulations.

[Amended 06-16-03 by Ord. 2143; 7-21-08 by Ord. 2274; 7-21-08 by Ord. 2276; 9-8-09 by Ord. 2311; 12-16-13 by Ord. No. 2425; 12-16-2024 by Ord. No. 2752]

A. Principal uses and structures.

(1) No lot shall contain more than one (1) principal building or structure except for related, compatible buildings constituting one basic use or operation under one (1) management and limited to the following:

(a) Garden apartments and multifamily dwellings.

(b) Public institutional building complexes, including but not limited to hospital uses.

(c) Shopping centers.

(d) Industrial or manufacturing building complexes.

(e) Mixed use developments permitted by this chapter.

(2) No building to be used as a dwelling shall be permitted at the rear of any building situated on the same lot, except in the case of townhouse or multi-family developments specifically permitted by this chapter.

(3) A residential lot located in the R-1, R-2, R-3 or PO-R zoned district, which at the time of the adoption of this revised chapter fails to comply with the minimum lot size requirements of this chapter may be used for any use otherwise permitted in the zone in which it is located, provided required side and rear yards are proportionate to the ratio of lot area to the zone specified minimum lot area. In no event shall reductions greater than fifty percent (50%) of the minimum required setbacks be permitted. In the event that a lot which fails to comply with the minimum lot size requirements of this chapter is contiguous with and in the same ownership as another lot, such lots shall be deemed merged and construed to be one lot for all purposes. Use thereof as other than one lot is prohibited except as may be authorized by subdivision approval.

B. Accessory structures and uses; general provisions.

(1) In addition to the accessory uses and structures specifically permitted by Schedule A, accessory uses and structures customarily incidental and subordinate to a permitted principal use on the same lot shall be permitted unless specifically prohibited by this chapter.

(2) Accessory uses and structures shall only be permitted on the same lot as the principal use and/or structure to which they are accessory, or on adjacent lots in common ownership when all such lots are devoted to the same principal use, unless otherwise specifically permitted by this chapter.

(3) Accessory buildings or roofed accessory structures shall either be substantially attached to the principal building by a breezeway, roof, wall or the like, or shall be located at least ten (10) feet, or the height of said accessory building or roofed structure, whichever is greater, from the principal building.

(4) Where an accessory building or roofed accessory structure is attached to a principal building by a breezeway, roof, wall or the like, or is not separated from the principal building the required distance as set forth in Subsection B(3) above, such accessory building shall be considered part of the principal building when applying yard and height requirements.

(5) The lot coverage by any and all accessory buildings or roofed accessory structures shall not exceed the lot coverage of the principal building or roofed principal structure on the same lot. The combined coverage by all principal and accessory buildings and roofed structures shall not exceed the maximum building coverage permitted in the zone district.

(6) No accessory building or roofed accessory structure shall be permitted in any front yard; provided, however, that on through lots, accessory buildings or roofed accessory structures shall be permitted in that front yard located between the street and the rear of the principal building. The following provisions shall apply to accessory uses and structures on through lots:

(a) Accessory buildings and roofed accessory structures shall be required to comply with the minimum front yard requirements applicable in the zone district for both front yards, except when there is an existing pattern in the neighborhood of through lots and a pattern of use and development of the second front yard of such through lots as de facto rear yards; in such case, the accessory structures shall comply with the setback requirements for accessory structures located in the rear yard. Such existing pattern shall be deemed to exist when: 1) there are at least five (5) through lots in a row in the same block, all fronting on the same streets, 2) all of the principal buildings on such through lots face the same street, 3) the second front yards on such lots are used, and structures and improvements are designed, for the recreational and service functions typical of rear yards.

(b) In addition to accessory buildings and roofed accessory structures, other accessory uses and accessory structures that would otherwise be prohibited in the front yard, shall be permitted on through lots in that front yard located between the street and the rear of the principal building, subject to the same restrictions in Subsection B(6)(a) above.

(7) Accessory buildings or roofed accessory structures in the side yard shall be required to comply with the minimum side yard requirements applicable to principal buildings in the zone district, unless otherwise regulated by this chapter.

C. Accessory uses and structures for residential development. The following requirements shall apply to uses and roofed structures accessory to residential development (as stated in § 102-117 C):

(1) No accessory building or roofed accessory structure shall exceed sixteen (16) feet in height.

(2) The floor area of all detached accessory buildings or all detached roofed accessory structures shall not exceed twenty percent (20%) of the gross floor area of the principal building on the lot, or six hundred (600) square feet, whichever is greater.

(3) Buildings and roofed structures accessory to garden apartment or other multi-family residential development located in the side or rear yard shall be located at least twenty (20) feet from the side or rear lot line.

(4) Except as provided in Subsection C(3) above, accessory buildings and roofed accessory structures in the rear yard having a floor area of less than or equal to five hundred (500) square feet shall be located as follows:

(a) A minimum setback of three (3) feet from the side and rear lot lines shall be required for accessory buildings and roofed accessory structures that meet all of the following criteria:

[1] building/structure coverage, exclusive of roof overhangs, does not exceed one hundred forty-four (144) square feet,

[2] horizontal dimension of any wall does not exceed twelve (12) feet, and

[3] height of the structure does not exceed nine (9) feet.

(b) Accessory buildings and roofed accessory structures that meet the criteria in Subsection C(4) above, but which do not meet all of the criteria in Subsection C(4)(a) above shall be located at least five (5) feet from the side and rear lot lines.

(c) Notwithstanding Subsections C(4)(a) and (b) above an existing nonconforming residential accessory building or a roofed accessory structure may be expanded to provide additional space, provided that the existing accessory building or roofed accessory structure is less than five hundred (500) square feet. The expansion of the nonconforming side, front or rear yard of the accessory building/roofed accessory structure is less than thirty (30) linear feet, and the expansion does not increase the size of the accessory building or roofed accessory structures to greater than five hundred (500) square feet, and the expansion does not infringe further upon any nonconforming side, front or rear yard.

(5) Except as provided in Subsection C(3) above, accessory buildings and roofed accessory structures in the rear yard having a floor area of more than five hundred (500) square feet shall be set back from the rear lot line a distance not less than one-half (1/2) of that required for principal buildings in the zone district and shall be set back from the side lot line a distance not less than the distance required for principal buildings in the zone district.

(6) No more than two (2) detached accessory buildings shall be permitted for any single-family or two-family dwelling.

D. Accessory uses and structures for nonresidential development. The following requirements shall apply to uses and roofed structures accessory to non-residential development:

(1) No accessory building or roofed accessory structure shall exceed twenty-five (25) feet in height.

(2) Notwithstanding any regulation permitting accessory buildings or roofed accessory structures in the second front yard on a through lot, no accessory building shall be permitted in any front yard which abuts Main Street within the B-1 and B-2 zone districts.

(3) Accessory buildings and roofed accessory structures in the rear yard shall be located as follows:

(a) Accessory buildings and roofed accessory structures in the B-5 zone district shall be located at least twenty (20) feet from the side or rear lot line.

(b) Except as provided in Subsection C(a) above, accessory buildings and roofed accessory structures having a floor area of less than or equal to five hundred (500) square feet shall be located at least five (5) feet from the side or rear lot line.

(c) Except as provided in Subsection C(a) above, accessory buildings and roofed accessory structures having a floor area of more than five hundred (500) square feet shall comply with the minimum yard requirements for principal buildings.

(4) Basement space may be used only for purposes accessory and ancillary to the principal use, such as storage and similar support functions. Such basement space shall not be counted when computing habitable floor area. No basement space shall be used, improved, constructed or arranged for display space, sales space, work areas, food preparation and service areas, offices, meeting rooms, drafting rooms or facilities, waiting rooms, laboratories, or patient treatment or therapy facilities, all of which are deemed for purposes of this section to be included as integral components of the principal use, nor shall basements be used for any purposes that would require employees or principals to perform functions in that location of more than a transient nature, nor for such purposes as would require clients, customers, or patrons to enter that location for any reason.

E. Prohibited uses and structures. Any use not specifically permitted by this chapter is prohibited. In addition, and notwithstanding the uses permitted by this chapter, the following uses are specifically prohibited:

(1) Any business conducted outside the confines of a building, including but not limited to the display of goods for sale, except, however, a) the display of motor vehicles for sale, b) those temporary activities and events allowed by special permission from the Borough Council, and c) those uses specifically permitted by this chapter to be conducted outside the confines of a building.

(2) Auction establishments.

(3) Establishments primarily engaged in scavenging, assembling, breaking, sorting or distribution of scrap and waste materials; provided that municipal recycling facilities, municipal facilities involved in the maintenance and construction of public improvements, and recycling and waste disposal facilities operated as an accessory use to a permitted principal use are exempt from this prohibition. The uses prohibited shall include, but not necessarily be limited to the assembling, breaking, sorting, distribution, scavenging, reclamation, recycling or other processing of the following:

(a) Vehicles for scrap, or vehicles for secondhand parts.

(b) Building materials, lumber, pavement or other construction materials.

(c) Waste bags, boxes, waste paper, or other paper materials.

(d) Waste bottles or other glass materials.

(e) Fur cuttings or scraps, rags, textile waste, wiping rags or other cloth materials.

(f) Iron, steel, aluminum and other nonferrous metals scrap.

(g) Waste oil, plastics, rubber, including tires, or other petroleum-based materials.

(h) General junk, scrap or other waste materials.

(4) Drive-in establishments, except in the B-1, B-2, B-3, B-5 and B-6 zone districts and in connection with uses permitted in such districts by Schedule A, as regulated by § 102-120J.

(5) Trailer or tourist camps.

(6) Any building, structure or use which would create an undue hazard of fire, explosion or nuisance by reason of odor, noise, dust or smoke, or which in any way would be detrimental to the health, public morals and public safety of the community.

(7) Clothing/material donation bin(s).

(8) Adult uses. Adult uses in the Borough shall be regulated as follows:

(a) The following adult uses shall be prohibited in all zone districts in the Borough:

[1] Any obscene or pornographic books, videos or entertainment which depicts or describes in a patently offensive way sexual conduct specifically defined in N.J.S.A. 2C:34-2.

[2] Any activity which exposes specified anatomical areas or sexual activity as defined in N.J.S.A. 2C:34-2.

F. Lots. Lots shall comply with the area and dimensional requirements in Schedule B in the zone district in which such lot is located, and as may be otherwise required by this chapter. In addition, the following general regulations shall apply:

(1) No lot shall be so reduced in area or dimension as to make it less than the minimum required under this article.

(2) No lot which is already less than the minimum required under this Article shall be further reduced in area or dimension.

G. Yards. There shall be provided for every lot front, rear and side yards as required in Schedule B in the zone district in which such lot is located, and as may be otherwise required by this chapter. In addition, the following general regulations shall apply:

(1) No yard or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this Article.

(2) No yard or other open space which is already less than the minimum required under this Article shall be further reduced in area or dimension.

(3) No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one (1) building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building.

(4) All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located.

(5) On streets less in width than proposed by the Borough Master Plan or by applicable County or State plans or regulations, the required front yard shall be measured from the proposed right-of-way line.

(6) All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the zone in which said lot falls. The yard located opposite the front yard on corner lots having the lesser street frontage shall be construed as a rear yard, and the yard located opposite the front yard on corner lots having the greater street frontage shall be construed as a side yard.

(7) (Reserved) [Deleted 06-16-03 by Ord. 2143]

(8) Permitted yard encroachments. Except as hereinafter specified, yards and courts required under this chapter shall be entirely free of buildings or parts thereof:

(a) Cornices and eaves may encroach up to two (2) feet into any required yard or court.

(b) Sills, leaders, belt courses and similar ornamental or structural features may encroach up to six (6) inches into any required yard or court.

(c) An open fire balcony or fire escape may encroach up to four (4) feet into any required yard or court.

(d) Ground story bay windows or oriels may encroach up to two (2) feet into any required yard or court.

(e) Chimneys with or without fireplaces may encroach up to eighteen (18) inches into any required yard or court; provided, however, that the total area of such encroachment shall not exceed twelve (12) square feet.

(f) Unenclosed and unroofed porches up to thirty-five (35) square feet in area and serving the lowest habitable floor, exclusive of basements, of any principal building may encroach up to ten (10) feet into any required front or rear yard, and up to five (5) feet into any required side yard. The steps for such porches shall not be counted in measuring such setbacks; provided, however, that no steps shall be permitted to encroach into any street right-of-way in any zone district.

(g) Awnings and canopies may encroach up to four (4) feet into any required yard or court.

H. Height exceptions.

(1) The height limitations in each zone district shall not apply to steeples for houses of worship, belfries, cupolas and domes not used for human occupancy; provided, however, that such belfries, cupolas and domes shall not be permitted to exceed the height permitted for principal buildings in the zone district by more than ten (10) feet.

(2) Chimneys and radio and television antennas shall be exempt from the height limitations in each zone district; provided, however, that such structures shall not exceed the height of the principal building by more than fifteen (15) feet, or the maximum height permitted in the zone district by more than ten (10) feet, whichever is less.

I. Physical or visual obstructions to street traffic. The physical or visual obstructions to the street traffic triangle (e.g., safety triangles) is used to limit the height of structures, vegetation and other improvements on corner properties immediately adjacent to all street intersections. Safety triangles are not be used as a substitute for intersection sight distance. Safety triangles provide additional visibility around corners for all intersection approaches.

(1) On any corner lot, no fence, planting or other visual obstruction shall be permitted which is greater than 30 inches in height above the centerline of the street opposite the point in question and which is located within a triangle 25 feet on each side formed by the street right-of-way lines or projections thereof from their point of intersection (Point “A” on the following drawing).

J. Performance standards. The following conditions and requirements shall be complied with:

(1) Hazardous or flammable materials. All activities shall be carried on only in structures which conform to the minimum safety standards of the National Board of Fire Underwriters or the Borough building code or fire ordinance governing the permitted use, whichever may be more restrictive. All operations shall be carried on and explosive materials, fuels, liquids and finished products shall be stored in accordance with the standards of the National Board of Fire Underwriters.

(2) Compliance with laws. Any use permitted by this Article shall only be permitted if it complies with all applicable Federal and State safety laws, rules and regulations.

(3) Smoke, dust, odors. No uses permitted by this Article shall result in the dissemination of excessive smoke, fumes, gas, dust, odors or any other atmospheric pollutant beyond the boundary lines of the lot occupied by such use.

(4) Vibration. There shall be no discernible vibration beyond the boundary lines of the lot on which is conducted any use.

(5) Noise. The State Noise Control Regulations, N.J.A.C. 7:29, shall be complied with. No activity shall use noise-making devices such as but not limited to phonographs, loudspeakers, amplifiers, radios, television sets or similar devices so situated as to be heard outside any building, except that permitted drive-in establishments shall be permitted to utilize such equipment when it demonstrated by the applicant that the same shall comply with the foregoing regulations and shall result in no substantial detriment to occupants of area properties.

(6) Illumination. Exterior illumination for nonresidential development and for multi-family or planned residential development shall be subject to the provisions of § 102-92. Illumination for single-family detached, duplex or other two-family residential development shall be subject to the following requirements:

(a) The mounting height of light fixtures shall not exceed twelve (12) feet above normal grade.

(b) All lights shall be arranged and shielded so as to restrict the maximum apex angle of the cone of illumination to seventy-five (75) degrees in each direction of illumination, measured from a vertical line originating at the illumination source, or to such lesser angle as may be required to shield the lights from the view to any nearby properties or the traveling public. Where lights along property lines will be visible to adjacent residents, the lights shall be appropriately shielded and/or the mounting heights shall be reduced.

(c) There shall be no direct or sky-reflected glare exceeding zero and five-tenths (0.5) foot candles measured at the property line of the lot occupied by such use.

(d) Spotlight-type fixtures attached to buildings or mounted on poles and which are visible to the public or residents of adjoining properties shall be prohibited.

K. Businesses engaged in massage and bodywork therapies.

(1) Summary. This subsection would place restrictions on locations and the practice of massage and bodywork therapies located within the Borough.

(2) Purposes and objectives. It is the responsibility of the local government to adopt regulations designed to promote the public health, safety and general welfare. Such power has been delegated to the municipalities from the legislature of the State of New Jersey. The Planning Board finds and declares that the public interest requires the regulation of the practice of massage and bodywork therapies and the establishment of clear licensure standards for massage and bodywork therapists. In addition, the health and welfare of the Borough residents will be protected by identifying to the public those individuals who are qualified to practice massage and bodywork therapies and the regulation of massage and bodywork therapists will benefit the public by encouraging it to take advantage of massage and bodywork therapies as a viable complement to traditional medicine. This subsection is an interim measure until the State of New Jersey fully implements Bill A4455/52536 (known as the "Massage and Bodywork Therapist Licensing Act").

(3) Definitions.

BOARD

The New Jersey Board of Massage and Bodywork Therapy.

LICENSEE

Any person who is licensed by the Board to practice massage and bodywork.

MASSAGE AND BODYWORK THERAPIES

A person licensed by the Board to practice massage and bodywork therapies.

MASSAGE AND BODYWORK THERAPIES OR MASSAGE AND BODYWORK

Systems of activity of structured touch which include, but are not limited to holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage and bodywork principles. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold applications and bodywork therapies. Massage and bodywork therapy practices are designed to affect the soft tissue of the body for the purpose of promoting and maintaining the health and well-being of the client. Massage and bodywork therapies do not include the diagnosis of illness, disease, impairment or disability.

(4) Regulated conduct.

(a) No person shall engage in the practice of massage and bodywork therapies without being duly licensed by the New Jersey Board of Massage and Bodywork Therapy, N.J.S.A. 45:11-53 et seq. (herein referred to as the "Board"). No person shall engage in the practice of massage and bodywork therapies as a licensed massage and bodywork therapist or present, call or represent himself as a licensed massage and bodywork therapist unless licensed by the Board.

(b) No person shall assume, represent himself as, or use the title or designation "massage or bodywork therapist," "licensed massage and bodywork therapist" or any title or designation which includes the words "massage," "bodywork," "masseur," "masseuse," "Shiatsu," "acupressure," "nuad bo'rarn," "amma," "anam," "chi nei tsang," "tuina," "polarity educator," "polarity therapist," "polarity therapy," "polarity practitioner" or any of the abbreviations, "MT," "BT," "MBT," "MBST," "CMBT," "COBT," "CMT," "LBT," "LMBT," "LABT," "LOBT," "AB," "ABT," "OB," "RPP," or "LMT" or similar abbreviations unless licensed by the Board.

(c) No employer shall engage in or advertise or hold itself out as offering massage and bodywork therapies unless the employer is registered with the Board.

(d) Until such time that the Board has been established and has adopted rules regulating the practice of massage and bodywork therapies, the requirement of N.J.S.A. 45:11-53 et seq. shall be enforced by the Borough. Borough issued licenses shall be null and void upon the establishment of the New Jersey Board of Massage and Bodywork and adoption of rules regulating the practice of massage and bodywork therapies from said Board. At such time any persons with a Borough issued license shall demonstrate that they have applied for State License. Failure to comply with the State licensing requirements shall cause the Borough zoning permit to be revoked and the business terminated.

(5) Exemptions.

(a) This subsection shall not prohibit any person licensed to practice in this State under any other law from engaging in or using titles consistent with the practice for which he is licensed or to prohibit any student enrolled in a program of massage and bodywork therapies recognized by the Board from performing massage and bodywork therapies which are necessary to his course of study.

(b) Nothing in this subsection shall be construed to prohibit any person performing massage and bodywork therapies in this Borough, if those therapies are performed for no more than forty-five (45) days in calendar year and provided that the person is duly licensed, certified or registered to practice massage and bodywork therapy in another state or the District of Columbia.

(c) Nothing in this subsection shall be construed to prohibit any person from engaging in the manipulation of soft tissue of the human body contained on hands, feet or ears, provided that the client does not remove any clothing other than shoes or socks.

(6) Effective date.

(a) Nothing in this subsection shall be construed to prohibit any teacher from demonstrating massage and bodywork techniques while teaching a class or workshop if the individual is duly licensed by another state or possession of the United States or the District of Columbia to practice massage and bodywork therapies if their state or district of residence requires such licensure for an individual to practice massage and bodywork therapies.

(b) Nothing in this subsection shall be construed to prohibit any person from using touch, words and directed movement to deepen awareness of existing patterns of movement in the body, or to suggest new possibilities of movement provided that these services are not designated or implied to be massage and bodywork therapy and the client is fully clothed.

(c) If any provision of this subsection shall be held invalid in any Court, the same shall not affect the other provisions of this subsection, except as far as the provision so declared invalid shall be inseparable from the remainder or any portion thereof.

(d) All ordinances or part of ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

(e) This subsection has been reviewed and provided to the Borough Council from the Planning Board.

(f) This subsection shall take effect immediately after final passage and publication in the manner provided by law. [Final adoption 7-21-08]

L. Maximum improvement coverage.

(1) The maximum improvement coverage in the Residential zone districts (R-1, R-2, R-3 and PO-R) ranges between 35% and 50%. The Committee recommends that the maximum improvement coverage be increased by 5% on properties located within these zone districts, which are used solely as residences. This increase will allow for the greater use of the property for decks, patios, hot tubs, swimming pools and other residential equipment (as defined in 102-120C), conditioned as follows:

(a) The property owner is required to perform stormwater management assessment to address the increased stormwater runoff (if any). The Planning Board Engineer will meet the property owner on site to review existing stormwater runoff, site grading and proposed site improvements. If the proposed stormwater management consists of installing yard drains/roof leaders that will pipe the stormwater to the street through a curb face discharge or similar methodologies, then a stormwater management drainage plot plan will not be required. If other means are proposed to addressing stormwater management (i.e. rain gardens, infiltration pits, swales, etc.) the property owner is required to submit a stormwater management plan which consists of a plot plan depicting existing and proposed site improvements, property boundaries, existing and proposed site grades and proposed stormwater management features. The stormwater management plan shall illustrate that there will be no adverse impacts on adjoining properties (as determined by the Planning Board Engineer). The property owner shall reimburse the Borough for fees incurred by the Planning Board Engineer in reviewing the proposed stormwater management plan and construction and/or zoning permits will not be issued until the Borough is reimbursed for said fees.

(b) The property owner proposes best management techniques to control stormwater runoff. These practices include but are not limited to piping roof leaders to the street curb face, installation of a rain garden, collecting rain water runoff with rain barrels, use of pervious surfaces for driveways, etc.

(c) As enumerated above, the property has to be used exclusively as a residential dwelling. Mixed use properties are not eligible for the increase in improvement coverage.

§ 102-118 Off-Street Parking and Loading Requirements.

In addition to the requirements in Schedule C and § 102-85, the following off-street parking and loading requirements shall be complied with:

A. Use of parking spaces. All parking areas required by this section shall be devoted exclusively to parking of motor vehicles so long as the principal building or use which requires such parking areas continues in existence. No commercial repair or sales, including the sale or rental of new or used motor vehicles by a new or used car dealer or motor vehicle rental agency, nor any storage in connection with same, shall be permitted within a required parking area.

B. Number of parking spaces. Off-street parking and loading spaces shall be provided for all uses, buildings and additions to buildings in accordance with the requirements in Schedule C. In addition, the following requirements shall apply:

(1) Fractions. Calculations of fractional spaces up to and including one-half (1/2) space shall be rounded off to the next lowest whole number; calculations of fractions greater than one-half (1/2) space shall be rounded off to the next highest whole number.

[Amended 06-16-03 by Ord. 2143]

(2) Multiple uses. For developments which involve a combination of uses, the following rules shall apply:

(a) If the development is such that the operation of each of the uses can be clearly distinguished from each other, the schedule shall apply to each use separately and cumulatively.

(b) If the development is such that the operation of each of the uses can not be clearly distinguished from each other, the most restrictive parking requirement shall apply.

(3) B-1 District. Nonresidential uses permitted in the B-1 district shall not be required to provide off-street parking, it being the intent that the Borough parking lots and on-street parking, supplemented by private parking areas, will meet the demand for non-residential uses. Notwithstanding the above, existing off-street parking shall not be eliminated, unless an equal amount of off-street parking spaces is provided on the site, or unless the applicant can demonstrate that the number of off-street parking spaces to remain complies with the number required as if the property were located in the B-2 district.

(4) Child care centers. The floor area occupied in any building by a child care center shall be excluded for calculating the parking requirements of Schedule C only if such child care center is an accessory use to a permitted principal use on the same site, the child care center is intended primarily to serve employees of the principal use, and the principal use complies with the required number of parking spaces.

(5) Parking for disabled persons. In any parking lot designed to accommodate the public, a minimum number of designated parking spaces accessible to disabled persons shall be required as follows:

Total Parking Spaces in Lot			Required Number of Accessible Spaces*
1	to	25	1
26	to	50	2
51	to	75	3
76	to	100	4
101	to	150	5
151	to	200	6
201	to	300	7
301	to	400	8
401	to	500	9
501	to	1,000	20, plus 1 for each 100 over 1,000

* The required number of accessible spaces shall be greater or lesser than in the above table, as required by the Americans with Disabilities Act and the New Jersey Barrier-free Subcode (N.J.A.C. 5:23-7).

[Amended 12-17-01 by Ord. 2118]

(6) Bicycle parking requirements. In addition to the required off-street parking spaces for passenger vehicles, facilities for bicycle parking shall be provided in all parking areas containing at least (50) parking spaces. The number of such bicycle spaces shall not be less than ten percent (10%) of the first one hundred (100) required automobile parking spaces as specified in this article, plus two percent (2%) of any amount thereafter. Bicycle parking facilities shall be of such type and quantity so as to provide an alternative means of transportation by the employees and customers of the land or building.

(7) Shared parking. In the nonresidential districts, the required parking provisions of this section may be met by participating in a joint parking program involving two (2) or more nonresidential uses; provided, however, that plans for such a joint program shall have been approved by the Board, and subject to the following:

(a) The area for the parking facilities shall equal the collective parking area requirements of the participating properties to be served.

(b) The provisions of § 102-118E shall be complied with.

(c) The shared parking arrangement shall be subject to enforceable restrictions guaranteeing the availability of such shared parking for the life of the buildings or uses which share such parking, as determined acceptable by the Board.

C. Number of loading spaces. Any nonresidential use involving manufacturing, storage, display of goods, retail or wholesale sales or warehousing, market, hospital for humans, laundry, dry cleaning establishment or other use similarly requiring the receipt or distribution of materials or merchandise, there shall be provided and maintained on the same premises with such use at least one off-street loading space. When deemed appropriate by the Board, additional loading spaces may be required.

D. Exemptions; reserve parking and loading. If any applicant can clearly demonstrate to the Board that, because of the nature of his or her operation or use, the parking requirements of Subsection A above are unnecessary or excessive, the Board shall have the power to approve a site plan showing less paved parking area than is required by this section; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purposes of meeting future off-street parking and loading requirements in the event that a change of use of the premises shall make such additional off-street parking or loading spaces necessary.

[Amended 12-17-01 by Ord. 2118]

E. Location of parking and loading areas. The following requirements shall be complied with:

(1) General parking location.

(a) For residential uses, all required off-street parking facilities shall be located on the same lot with the building they are serving or on adjacent lots in common ownership when all such lots are devoted to uses accessory to the same principal building.

[Amended 06-16-03 by Ord. 2143]

(b) For permitted nonresidential uses in the residential zone districts, all required off-street parking facilities shall be located on the same lot with the building they are serving or on an adjacent lot used for nonresidential purposes.

(c) For nonresidential uses other than specified in Subsection E(1)(b) above, excluding hospital and related uses in the H district, all off-street parking facilities shall be located on the same lot with the building they are serving, or on other property owned, leased or shared by the applicant, provided that all of the required parking spaces shall be located within five hundred (500) feet of any customary entrance way to the principal building, measured along appropriate pedestrian walkways. All off-street parking facilities for uses located in the H district shall be located within the H district, except for temporary parking facilities required during periods of construction and authorized by the Planning Board, or Board of Adjustment, as applicable, as part of any required review of any site plan application for the district.

[Amended 12-29-03 by Ord. 2152]

(d) All loading areas shall be located on the same lot with the building they are serving. Loading spaces shall not be located within vehicular travel lanes. Loading spaces for large trucks shall be separated from parking spaces by barriers or distance so as to avoid conflicts between trucks and loading or unloading operations and parked vehicles.

[Amended 12-17-01 by Ord. 2118]

(2) Permitted yard location for parking. Except as may be otherwise regulated by this chapter, required parking shall be located in the front, side and/or rear yards as set forth below, and subject to any minimum setback or buffer requirements that may apply:

(a) Parking areas for single-family detached dwellings, patio homes, duplexes and other two-family dwellings. Parking areas may be located in the front, side and rear yards; provided, however, that if located in the front yard, parking areas shall be located only in a driveway designed and located in accordance with this chapter.

(b) Parking areas for triplex, quadruplex, townhouse, garden apartment, mid-rise apartment and high-rise apartment dwellings. Except in the SC zone district, parking areas shall be located only in the side and rear yards. In the SC zone district, parking may be located in the front, side and rear yards.

(c) (Reserved)

(d) Parking areas for residential apartments in a nonresidential building. Parking areas for the apartment(s) shall be located as required for the nonresidential use.

(e) Parking areas for nonresidential uses located in residential zone districts, the PO-R zone district or the B-4 zone district. Parking areas shall be located only in the rear yard.

(f) Parking areas for nonresidential uses in the B-3, I-1, I-2 and CG zone districts. Parking areas shall be located only in the side and rear yards.

(g) Parking for nonresidential uses in the B-1 and B-2 zone districts. Parking shall be located only in the rear yard. In the case of a through lot, no parking area shall be located between the principal building and Main Street. In the case of a building having frontage on two (2) streets not including Main Street, no parking shall be located between the building and the street carrying the greater volume of pedestrian traffic, as determined by the Planning Board.

(h) Parking for nonresidential uses in the B-5 and B-6 and H zone districts. Parking may be located in the front, side and rear yards.

(i) Loading areas shall not be located in the front yard. In the case of a through lot, no loading area shall be located between the principal building and Main Street. In the case of a building having frontage on two streets not including Main Street, no loading area shall be located between the building and the street carrying the greater volume of pedestrian traffic, as determined by the Planning Board.

[Added 12-17-01 by Ord. 2118]

(3) Required setbacks for parking and loading areas. Except as may be otherwise required by this chapter, and subject to the yard location requirements above, parking and loading areas shall be required to comply with the following setback requirements. Notwithstanding the foregoing, no minimum setback from lot lines for parking areas shall be required where shared parking areas abut or are adjacent to one another at the property line. For purposes of administering the following requirements, the setback shall be measured to the nearest edge of pavement for the parking or loading area, including spaces, access aisles, driveways, turning areas, etc., except that driveway areas generally perpendicular to the street and providing immediate access to or from the street and located between the street and any parking or loading area shall not be subject to the following requirements.

[Amended 12-17-01 by Ord. 2118]

(a) General. Except as may be otherwise required below or elsewhere by this chapter, parking and loading areas shall be located at least five (5) feet from any property line; provided, however, that no setback shall be required for driveways and parking accessory to single-family detached or two-family dwellings.

[Amended 06-16-03 by Ord. 2143]

(b) G district. No parking area shall be located within twenty (20) feet of any property line.

(c) B-1, B-2 and CG districts. No setback requirement for parking or loading shall apply, except that any parking or loading area permitted to be located between the principal building and any street shall be located at least five (5) feet from the street line. Parking decks shall be required to comply with the setbacks applicable to principal buildings.

(d) B-5 district. Parking and loading areas shall be located at least twenty (20) feet from any property line.

(e) B-6 district. Parking and loading areas shall be located at least fifty (50) feet from the Route 206 right-of-way line, at least twenty-five (25) feet from the right-of-way line of the South Doughty Avenue extension, and at least fifteen (15) feet from any other property line.

(f) I-1 district. Parking and loading areas shall be required to comply with the required setback applicable to principal buildings.

(g) I-2 district. Parking and loading areas shall be located at least twenty-five (25) feet from any property line.

(h) H district. Parking and loading areas shall be located as follows:

[Amended 12-29-03 by Ord. 2152]

[1] North of Grant Avenue: at least twenty-five (25) feet from any street line.

[2] South of Grant Avenue: at least twelve (12) feet from Grant Avenue and at least twenty-five (25) feet from Main Street. No setback shall be required from Rehill Avenue, provided that all parking and loading areas shall be screened as required by § 102-88C.

[3] Parking decks shall be required to comply with the setbacks applicable to principal buildings, provided that no parking deck shall be permitted south of Grant Avenue.

F. Driveways.

(1) No driveway shall be permitted to serve any use other than the permitted use on the lot upon which such driveway is located, except when such driveway provides access to a joint parking facility permitted by § 102-118B(7), or when a driveway serves a parking area that is permitted to be located on a separate lot from the principal use or building, or when a driveway is located on a lot adjacent to the lot containing the principal building or use, if the adjacent lots are in common ownership and are devoted to uses accessory to the same principal building.

[Amended 06-16-03 by Ord. 2143]

(2) Entrances to and exits from parking and loading areas for non-residential uses shall be located no closer than ten (10) feet from any property located in a residential zone, and such entrances for multi-family residential uses shall be located no closer than ten (10) feet from any property located in the R-1, R-2 or R-3 zone districts, in all cases measured from the property line to the curb face or edge of pavement of the driveway, excluding curb returns at entrances.

[Amended 06-16-03 by Ord. 2143]

(3) All developments shall comply with the standards of any access management code adopted pursuant to the State Highway Access Management Act by the Commissioner of the Transportation in the case of a State highway, with the standards of any access management code adopted by the County in the case of a County road or highway, and with the standards of any Borough access management code adopted in the case of a Borough street or highway.

(4) No driveway used or intended to be used for a single-family detached or two-family dwelling shall have a width within the front yard exceeding 1/5 of the width of the lot for which the driveway provides access; provided, however, that where otherwise lawful, no driveway shall be required to be less than 10 feet wide and no driveway shall exceed the width of 34 feet, with the exception of Block 92.01, all lots; Block 85- all lots; Block 84, all lots; Block 83.01, all lots; Block 85.01, all lots; Block 85.02, all lots; Block 83, lots 5 through 15; Block 90, all lots, excluding lots 4, 3, 2.01 and 1.01; Block 92, all lots; Block 92.02, all lots; Block 92.03, all lots; Block 92.04, all lots; Block 92.06, all lots; Block 92.05, all lots; Block 92.07, all lots; Block 87, all lots; and Block 86, excluding lots 1 through 15, which allows aprons and driveways to be a maximum of 18 feet in width. On corner lots and through lots, the lot width used for making the above calculation shall be that side of the lot through which the driveway provides access to the street. Notwithstanding the foregoing, a driveway shall be permitted to exceed the total width of functional garage door(s) by up to nine feet, but only for a distance of 20 feet in front of such garage door(s).

[Added 12-17-01 by Ord. 2118; Amended 06-16-03 by Ord. 2143; 12-16-14 by Ord. No. 2425; 9-21-2015 by Ord. No. 2476; 12-21-2015 by Ord. No. 2486; 8-19-2024 by Ord. No. 2737]

(5) Driveways and parking areas for single-family detached and two-family dwellings shall be surfaced to a depth of at least two (2) inches with crushed and compacted stone, asphalt, concrete, pavers or other material acceptable to the Borough Engineer.

[Added 06-16-03 by Ord. 2143]

(6) There shall not be more than two (2) driveways accessory to single-family detached or two-family dwellings for each street frontage, and such driveways shall be located at least forty (40) feet apart, exclusive of curb returns or flared aprons.

[Added 06-16-03 by Ord. 2143]

§ 102-119 Signs.

The use, erection, relocation and alteration of signs shall be required to obtain a sign permit pursuant to § 102-28C, unless exempted therein, and shall comply with the following regulations:

A. General regulations.

[Amended 12-7-09 by Ord. No. 2317]

(1) General prohibitions. All signs which are not specifically permitted by this chapter shall be prohibited. In addition, and without limiting the generality of this section, the following are specifically prohibited:

(a) The placement of signs on trees, rocks, street lamps, fire alarm boxes and similar structures. No sign shall be placed on any utility pole, street lamp or fire alarm box except for utility identification or similar purposes.

(b) Attraction devices or signs which contain a beacon of any type and/or contain a spot light providing direct illumination of the public are prohibited.

(c) Attraction devices or signs which flash, blink, fluctuate in light intensity or are animated (any sign which includes action, motion or color changes, or the optical illusion of action, motion, or color changes, (except barber poles) shall be prohibited.

(d) Attraction devices or signs which revolved, rotate, or otherwise move (except barber poles).

(e) Notwithstanding the above Subsections A(1)(c) and (d), elements of a sign that rotate or move by wind and are less than one (1) square foot in size shall be allowed.

(f) Signs constituting a traffic hazard. No sign or other advertising structure shall be erected or continue to be displayed at the intersection of any street in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may obstruct or otherwise interfere with adequate sight distance or be confused with any authorized traffic sign, signal or device. Any freestanding sign located within any required sight triangle shall have a height less than or equal to thirty (30) inches, or the bottom of the sign shall have a height equal to or greater than eight (8) feet. This provision shall not be construed to permit such signs or such height or location if prohibited by any other provisions of this ordinance. No sign shall make use of the words "stop," "look," "drive-in," "danger," or any other word if such use would interfere with, mislead or confuse the traveling public.

(g) The use of a vehicle or a trailer as a sign in circumvention of this chapter. No sign shall be erected, painted, affixed, located or maintained on any taxicab, except the word "taxi" and except to designate the name, address, telephone number and a serial number of such taxicab.

(h) Any sign which advertises a product, including trademarks and brand names, or which advertises a service, business or identity, which is not present and available at the site.

(i) Roof signs.

(j) Off-site signs, except as specifically permitted by this chapter or other applicable law.

[Amended 06-16-03 by Ord. 2143]

(k) Illuminated window, door or architectural trim or accents, including but not limited to such structures made of neon or fluorescent tubing.

(l) Signs shall not cover or interrupt prominent architectural features of the building.

(m) Open signs shall not be illuminated and/or displayed if the business is not open.

(2) Unsafe and unlawful signs. If the Construction Official, Electrical Subcode Official or Zoning Officer shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the terms of the permit granted for said sign or any applicable code or ordinance, the Construction Official, Electrical Subcode Official or Zoning Officer, as applicable, shall issue a notice to the permittee or property owner demanding that the sign be altered or removed so as to eliminate the offending condition. If the permittee or property owner fails to remove or alter the sign or advertising structure within a reasonable time period as specified in such notice, not to exceed thirty (30) days, such sign or other advertising structure may be removed or altered to comply with all applicable requirements. Notwithstanding the foregoing, if in the opinion of such official(s), such sign presents an imminent danger or risk to the public health, safety or welfare, such official may remove or alter the sign(s) so as to eliminate such danger or risk. Such signs or other advertising structures are hereby declared to be a public nuisance. When any sign is removed summarily without notice, the owner or lessee thereof shall have the right to a post-seizure hearing before the Mayor and Council of the Borough of Somerville to determine whether there was probable cause to remove the sign.

(3) Removal of signs for change or termination of use. In the event a business ceases operation for a period of time in excess of thirty (30) days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said business or any product sold thereby.

(a) Upon failure of the sign owner or lessee, or property owner, to comply with this section, the Zoning Officer shall issue a written notice to the sign owner and any lessee and to the property owner, which notice shall state that such sign shall be removed within thirty (30) days.

(b) If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Zoning Officer is hereby authorized to cause removal of such sign, and any expenses incidental to such removal shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property.

(c) For the purpose of this section, the word "remove" shall mean: (a) removal of the sign face, along with posts, columns and/or other supporting structures of freestanding signs, projecting signs, roof signs or wall signs; or (b) painting over a painted wall sign in such a manner as to completely cover up and hide the sign in question.

(4) Nonconforming signs. Nonconforming signs shall comply with the provisions of § 102-121.

(5) Placing signs on public property. No signs other than signs placed by agencies of the government shall be erected on any public property; provided, identification and informational signs may be erected upon Borough street name signposts, or upon traffic signposts under the following conditions:

(a) The signs direct the reader to the location of public facilities attended primarily by out-of-town patrons, to a facility operated by a nonprofit entity and attended primarily by out-of-town patrons, to a facility relating to the public health safety or welfare, or to scenic or historic buildings or trails.

(b) The signs are fabricated, erected and maintained by the Borough Public Works Department.

(c) The entire cost of the sign is borne by the entity requesting the sign.

(d) The signs do not constitute a traffic hazard.

(e) The signs conform to the latest edition of the Manual on Uniform Traffic Control Devices.

(6) Restrictions along controlled access highways. No off-site sign shall be permitted within fifty (50) feet of the right-of-way of any controlled access highway.

(7) Material and design.

(a) All signs shall be designed according to the best accepted engineering practice. If attached to a building, the loads shall be distributed to the structure so that no members thereof shall be over-stressed. No sign may obscure, or require the removal of building elements such as cornices, lintels, columns, etc., that define and separate parts of the building or decorative elements.

(b) All supports and brackets for signs suspended from or supported upon a building shall be constructed of metal not less than one-fourth (1/4) inch thick if not galvanized, and not less than three-sixteenths (3/16) of an inch thick if all members including bolts and rivets are galvanized.

(c) All such signs shall be securely attached to the building by means of metal anchors, bolts or expansion screws; provided, that signs exceeding fifty (50) pounds in weight shall be secured at both top and bottom with metal shelf anchors.

(d) No signs, illustrations or symbols shall be placed so as to interfere with the opening of an existing door of any building, to obstruct any window opening of a room in a dwelling, to interfere with the use of any fire escape or to create a hazard to pedestrians.

(e) All signs must be so installed and be of materials to withstand a wind resistance of not less than thirty (30) pounds per square feet.

(8) Sign illumination.

[Amended 3-7-2016 by Ord. No. 2492

(a) Any sign may be illuminated by a stationary light source which may be located inside or outside of the sign.

(b) All light sources shall be directed only at the sign or emanate indirectly from the sign.

(c) All light sources shall be clear or white and located within an opaque housing and shall not be visible from direct view, except that ionized inert gas signs, window signs, LED fuel price signs at gasoline service stations and seasonal decorations may use colored illumination. The light source shall be designed to illuminate the sign without spillage onto the surrounding environment. Light spillage onto the surrounding environmental is prohibited.

(d) Light sources shall not be permitted to pass through awnings and canopies so as to illuminate same from behind: provided, however, that if such awnings or canopies are permitted to contain signs, only the letters of same shall be permitted to be illuminated from light sources located behind and shining through the awning or canopy.

(9) Maintenance. All signs shall be maintained in a neat and clean condition. No rust, faded paint, peeling or decay of any form shall be permitted. All freestanding signs and the premises surrounding the same shall be maintained by the owner thereof, in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substance, rubbish and weeds.

B. Special regulations for certain types of signs. The following provisions shall apply to the sign types indicated, which provisions shall supersede the provisions for signs in each zone district otherwise applicable to such signs.

[Amended 06-16-93 by Ord. 2143]

(1) Professional nameplates. Professional nameplates attached to the wall of buildings and not exceeding three (3) square feet of display surface area shall be permitted as an accessory structure for all permitted professional uses. Such signs shall be permitted in addition to any other wall signs permitted in the zone district; provided that professional nameplates which exceed three (3) square feet in area shall be construed as a wall sign and be subject to the regulations for wall signs in the particular zone district.

(2) Memorial signs. Memorial signs or tablets, names or buildings and signs indicating the date of the original building construction are permitted in all zone districts. Such sign shall be cut into a masonry surface or constructed of bronze or other noncombustible materials and shall not exceed three (3) square feet in display surface area if located in the R-1, R-2 or R-3 zone districts. Such signs shall be permitted in addition to any other wall signs in the zone district. These signs shall not be considered a roof sign and shall require site plan approval (if not site plan exempt).

(3) Fuel price signs. Signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, in addition to any other signs permitted for gasoline filling stations, subject to the following conditions:

(a) Only one (1) fuel price informational sign shall be permitted on each fuel pump.

(b) The display surface area of any fuel price informational signs shall not exceed one and one-half (1 1/2) square foot (216 square inches).

(c) Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.

(d) Nothing herein shall be construed to prohibit the advertisement for fuel prices on any other sign meeting the requirement of this chapter.

(4) Directional, identification and information signs. Directional, identification and information signs shall be permitted as accessory structures for nonresidential uses and multi-family residential uses in all zone district where such uses are permitted; subject to the following provisions:

[Amended 12-17-01 by Ord. 2118; 06-16-03 by Ord. 2143]

(a) Such signs shall be limited to wall signs and freestanding signs.

(b) Such signs shall not have a display surface area that exceeds four (4) square feet, and shall be limited in height to forty-two (42) inches above normal grade.

[Amended 06-16-03 by Ord. 2143]

(c) One (1) directional sign shall be permitted at each entrance or exit on a lot or parcel to identify said entrance or exit.

(d) The limitation on the number of freestanding or wall signs in each of the zone districts shall not apply to such signs.

(e) Notwithstanding the foregoing, standardized traffic signs such as "stop," "yield," "do not enter," "one-way," etc. shall comply with the size, height, location and other criteria of the most recent edition of the Manual on Uniform Traffic Control Devices.

(5) Area identification signs. Area identification signs shall be permitted as accessory structures to any development with multiple user spaces, such as an apartment building or shopping center, or used to identify an area containing multiple buildings which are used or developed in a unified manner such as a residential subdivision, apartment complex, industrial park, mobile home park, or office park or shopping center, subject to the following regulations:

[Amended 12-17-01 by Ord. 2118]

(a) The size and location of the fence, wall or other structure which will contain the area identification sign shall require the site plan approval (either minor or major). The area identification sign shall be located so traffic safety sight lines are not obstructed.

(b) The maximum display surface area of area identification signs shall not exceed thirty-two (32) square feet.

(c) No more than one (1) area identification sign shall be permitted for each street frontage of the subject property.

[Added 06-16-03 by Ord. 2143]

(d) The height of area identification signs shall not exceed the height permitted for other freestanding signs in the zone district.

[Added 06-16-03 by Ord. 2143]

(6) Portable "A" frame signs. Portable "A" frame, sandwich, attraction sign board signs described in this section shall be permitted as an accessory structure to retail sales businesses in the B-zone districts, subject to the following:

[Amended 12-17-01 by Ord. 2118; 4-7-14 by Ord. No. 2436]

(a) The total display surface area shall not exceed six (6) square feet per side. The maximum frame width and height shall be, respectively; 28" and 48" (height to include frame, sign face and any vertical supports).

(b) The sign shall be used temporarily or daily, but shall not be used as a permanent sign. Signs shall be removed from sidewalk when the business is not open.

(c) The sign shall not contain any elements which are prohibited by this chapter

(d) Only one such sign shall be permitted per business.

(e) Placement of sign shall allow a minimum of six (6) feet wide continuous pedestrian passage. This means that a tree, tree planter fence, light/sign pole, fire hydrant, shrub, roping, table, chair or other physical feature shall be located a minimum of six (6) feet from the portable "A" frame sign.

(f) If the business includes an outdoor cafe, the entire sign shall be located within the cafe boundaries when the cafe is in operation.

(g) The sign shall be located within six (6) feet of the storefront and located a minimum of three (3) feet from the side lot lines and/or tenant space demising wall.

(h) The sign shall be a professional or workman-like appearance and be constructed of wood, plastic, fiberglass or metal.

(i) The name of the establishment must be clearly identified in letters not smaller than one (1) inch in height.

(j) No hand written or paper signs shall be affixed to permitted A frame signs.

(k) Third party advertisement signs are prohibited (for example a sign offering money orders that does not include the name of the downtown business).

(l) Signs that move freely and are affixed by a hinge, spring or similar mechanism or spray painted signs are prohibited.

(m) Changeable surfaces are permitted conditioned that dry erase board must be black; chalkboard signs permitted in any color; "reader board" signs with removable slide in letters, stenciled, magnetic and/or spray painted signs are not permitted.

(n) The entity proposing to use an "A" frame sign shall submit a completed permit application which includes but is not limited to a hold harmless and indemnification agreement; certificate of insurance naming the Borough of Somerville as additional insured; and site plan sketch identifying the location of the sign;

(o) The sign shall not be used during parades and other Borough/DSA sponsored events which generate high foot traffic or when the use is unsuitable due to the weather (i.e. high winds, etc.) conditions.

(7) Wall signs. In addition to the regulations applicable to wall signs in each of the zone districts, the following shall apply:

[Amended 12-17-01 by Ord. 2118]

(a) Wall signs may not obscure, or require the removal of building elements such as cornices, lintels, columns, etc., that define and separate parts of the building or decorative elements.

(b) Wall signs may not extend above the eaves or bottom of the building roof or above the top of any parapet wall of the building.

(c) Wall signs may not project more than eight (8) inches from the wall upon which they are mounted.

(8) Projecting signs. Projecting signs are permitted in all zone districts except the R-1, R-2, R-3, G and SC zone districts, as an accessory structure to nonresidential uses, subject to the following requirements:

[Amended 12-17-01 by Ord. 2118]

(a) If the projecting sign has more than two (2) display surfaces, no side shall exceed the square footage as stated in item (f) (see below). In addition, the total cumulative square footage of the display surface area of all sides shall not exceed 8, 16 or 18 square feet, depending on the type of projecting sign and whether the storefront contains a wall sign (see item (f) below for details). Any projecting sign with two (2) or more display surfaces shall be considered a double faced sign.

(b) Double faced signs having an included angle greater than sixty (60) degrees are prohibited.

(c) Projecting signs shall not project from the surface of the building upon which they are mounted a distance of more than two-thirds (2/3) of the width of the sidewalk within or adjacent to the street right-of-way in those instances where there is a sidewalk next to a building, nor within two (2) feet of the street right-of-way in those instances where there is not sidewalk next to the building; provided, however, that no projecting sign shall project more than four (4) feet from the surface of the building upon which they are mounted.

(d) Projecting signs shall be located on the vertical surface of a building and shall not be higher than the eaves or rafter line, whichever is higher, in the case of a sloped roof, or above the top of any parapet wall of the building, in the case of a flat roof.

(e) Projecting signs located above a sidewalk shall clear the grade level below the sign by a minimum of eight (8) feet. Regardless of zone district projecting signs are prohibited if they extend over a driveway and a single unit or larger truck is expected to use the driveway.

(f) Projecting signs shall be considered a wall sign for purpose of determining the maximum number of wall signs permitted for the subject property in the zone district except in the B-1 and B-2 zone districts. In the B-1 and B-2 zone districts, the subject property can have both wall sign(s) and one (1) projecting sign. If the subject property has a wall sign the display surface area of the projecting sign shall not exceed four (4) square feet per side.

Properties in the B-1 or B-2 zone district that have a projecting sign that contains lettering and do not have wall signs are permitted to have a display surface area of eight (8) square feet or less per side. If the projecting sign is entirely of symbols, the sign shall not exceed nine (9) square feet per side. Each storefront shall have a maximum of one (1) projecting sign, regardless of the number of tenants occupying the space.

All projecting signs shall be located a minimum of three (3) feet from the side lot lines and/or tenant space demising wall.

(9) Signs on awnings and canopies. Signs on an awning or canopy are permitted in the nonresidential zone districts as an accessory structure to nonresidential uses. If the sign on any such awning or canopy is located on the vertical fringe and is no more than three (3) inches in height, such sign shall be permitted in addition to any other wall signs permitted in the zone district; otherwise, the sign shall be regulated the same as wall signs in the zone district.

[Amended 12-17-01 by Ord. 2118]

(10) Window signs.] Window signs are permitted in the B-1, B-2, B-3, B-4, B-5 and B-6 zone district as an accessory structure to nonresidential uses, subject to the following requirements. The intent of these requirements is to regulate signs located inside a building that could reasonably be construed as serving the same or equivalent function to signs located outside the building.

[Amended 12-17-01 by Ord. 2118

(a) Window signs, both permanent and temporary in the aggregate, shall not cover more than thirty percent (30%) of the total area of the various display windows and entry doors on the same facade of the building within which such signs are displayed, nor more than thirty-five percent (35%) of the area of any single display window or door.

(b) If a permanent window sign is no more than three (3) inches in height, such sign shall be permitted in addition to any other wall signs permitted in the zone district; otherwise, the sign shall be regulated the same as wall signs in the zone district.

(c) Temporary window signs shall have the date that the sign is installed in the lower left corner, written legibly, and shall be removed promptly upon termination of the sale or event. In no case shall such signs be displayed for any period of time exceeding sixty (60) days.

(d) The Management Entity of the Special Improvement District has a program that partners with property owners of vacant commercial and said program is exempt from Subsection A(10)(a), (b) and (c) above.

[Added 12-16-2019 by Ord. No. 2600]

(11) Building construction signs. One (1) on-site building construction sign on each construction site in any zoning district is permitted, provided that the maximum display surface shall not exceed eight (8) square feet in R-1, R-2, R-3, G, SC and PO-R zone districts, nor thirty-two (32) square feet in any other zoning district.

(12) Real estate signs. On a lot in any zone district, there may be erected one (1) nonilluminated real estate sign; subject to the following:

(a) Such signs shall be limited to wall signs and freestanding signs.

(b) No sign dimension shall exceed three (3) feet.

(c) No more than one (1) dimension shall exceed two (2) feet.

(d) The display surface area shall not exceed six (6) square feet.

(13) Election campaign signs. Political signs are permitted to be placed on private property in any district, subject to the following conditions:

[Amended 06-16-03 by Ord. 2143]

(a) In districts where signs are not otherwise permitted, a political sign may be erected but said sign shall be removed within seventy-two (72) hours following the final election to which it applies. The owner of the property on which the said sign is placed shall be responsible for its removal.

(14) Banners. Banners when used in conjunction with public and private events and permitted as follows; provided that banners bearing advertising matter shall be considered wall or freestanding signs, depending upon mounting, and shall meet all regulations pertaining thereto.

(a) Election campaign banners shall not be placed more than ten (10) days prior to, nor removed later than seventy-two (72) hours following the election.

(b) Public event banners shall be removed within seventy-two (72) hours following the event to which the banner applies.

(c) Banners placed on private property for advertising a special event shall not be displayed for more than fourteen (14) continuous days or for more than fourteen (14) days in any calendar month, or such signs shall be considered to be a permanent wall sign and shall be subject to the regulations applicable to the same.

[Amended 06-16-03 by Ord. 2143]

(d) Decorative banners containing no advertising content may be displayed, but shall be changed at least annually.

(15) Freestanding bulletin boards. Freestanding bulletin boards are permitted as an accessory structure to charitable uses, State-certified schools providing formal education for grades K-12, and religious or public uses. Such signs shall be erected upon the same property as said institutions, and shall be subject to the following regulations:

[Amended 12-17-01 by Ord. 2118]

(a) Freestanding bulletin boards having a display surface area less than or equal to ten (10) square feet shall be set back a minimum of fifteen (15) feet from street right-of-way.

(b) Freestanding bulletin boards having a display surface area in excess of ten (10) square feet shall be set back fifteen (15) feet from street right-of-way, plus an additional one (1) foot for each two (2) square feet of display surface area in excess of ten (10) square feet.

(c) The display surface area of freestanding bulletin boards shall not exceed thirty-two (32) square feet.

(d) There shall be no more than one (1) freestanding bulletin board for each lot, or for each development, whichever is less.

[Added 06-16-03 by Ord. 2143]

(16) All goods sold, merchandise and products displayed in the B-1, B-2, B-3, B-4, B-5 and B-6 and PO-R zone districts, including the materials necessary to display the goods and products shall have the good side facing out. Unsightly views, such as into a storage room or supplies stacked in the display window, are prohibited.

C. Signs in the R-1, R-2 and R-3 zone districts. In addition to any signs permitted in these districts by § 102-119B, the following signs are permitted:

(1) One (1) on-site freestanding sign accessory to a house of worship or school, conforming to § 102-119D.

(2) One (1) on-site wall sign for each permitted business establishment, including home occupations, but not more than two (2) such signs in the aggregate. The display surface of each sign shall not exceed three (3) square feet.

D. Signs in the G and SC zone districts. In addition to any signs permitted in these districts by § 102-119B, one (1) freestanding sign is permitted; provided that single-family and two-family residential development shall be limited to the signs permitted by § 102-119C. Freestanding signs shall comply with the following:

(1) The display surface area shall not exceed fifteen (15) square feet.

(2) The sign shall be set back at least ten (10) feet from any property line.

(3) The sign height shall not exceed forty-two (42) inches above the ground.

E. Sign in the PO-R zone district. In addition to any signs permitted in these districts by § 102-119B, the following signs are permitted:

(1) One (1) freestanding sign or one (1) wall sign for each lot or each development, whichever is less.

[Amended 06-16-03 by Ord. 2143]

(2) Freestanding signs shall comply with the following:

(a) The display surface area shall not exceed twelve (12) square feet; provided, however, that signs advertising more than one (1) business shall be permitted to have a total display surface area not exceeding fifteen (15) square feet.

(b) The signs hall be set back at least ten (10) feet from any property line.

(c) The sign height shall not exceed forty-two (42) inches above the ground.

(d) A maximum of two (2) freestanding sign support columns can terminate sixty-six (66) inches above grade if the columns symbolize a professional occupation being conducted at the premises. The maximum width of said columns cannot exceed one (1) foot. Additional columns including the sign cannot exceed forty-two (42) inches above the ground.

(3) Wall signs shall comply with the following:

(a) The display surface area shall not exceed one (1) square foot for each linear foot of wall length upon which the sign is attached, up to a maximum display surface area of one hundred fifty (150) square feet.

(b) Only one (1) dimension of the sign, horizontal or vertical, shall exceed two (2) feet.

F. Signs in the B-1, B-2, B-3, B-4, B-5, B-6, CG, H, I-1 and I-2 zone districts. In addition to any signs permitted in these districts by § 102-119B, the following signs are permitted:

(1) Freestanding signs, wall signs, signs on awnings or canopies, window signs, portable signs, area identification signs and joint identification signs are permitted as regulated herein.

(2) Freestanding signs shall comply with the following:

(a) One (1) on-site or off-site freestanding sign shall be permitted on a lot, at a shopping center or at a mall, except as provided otherwise herein.

(b) Freestanding signs located on any property which fronts upon Routes 22, 202 and 206 and located in any of the above districts.

[1] No freestanding sign shall be permitted on any lot that has a street frontage of less than one hundred (120) feet.

[2] The display surface area shall not exceed one hundred thirty (130) square feet.

[3] No part of any freestanding sign shall be located nearer to the street right-of-way of Routes 22, 202 or 206 have a straight line which connects the following two (2) points:

[a] For properties with frontage on Route 22, a) the point of intersection of the front lot line and the westerly side lot line, and b) a point on the easterly side lot line located twenty (20) feet measured perpendicular from the front lot line.

[b] For properties with frontage on Route 202 and/or 206, a) the point of intersection of the front lot line and the southerly side lot line, and b) a point on the northerly side lot line located twenty (20) feet measured perpendicular from the front lot line.

For purposes of administering the above provision, the directions "northerly," "southerly," etc. shall be construed to be the general direction as determined by vehicles traveling on the highway. For corner lots, the "front lot line" as used above shall be construed to be that front lot line along Routes 22, 202 and/or 206, as applicable, and one "side lot line" as used above shall be construed to be the front lot line along the intersecting street.

[4] For corner lots, no part of any freestanding sign shall be located nearer than fifteen (15) feet to the street right-of-way of any street other than Routes 22, 202 or 206.

[5] Freestanding signs shall be set back at least ten (10) feet from any side or rear property line.

[6] Freestanding signs shall be set back at least forty (40) feet from any residential zone district boundary line.

[7] Freestanding signs shall not exceed thirty (30) feet in height above the ground.

(c) Freestanding signs for new or used automobile sales operations located on any property which fronts upon Routes 22, 202 and 206 and located in any of the above districts.

[1] No freestanding sign shall be permitted on any lot that has a street frontage of less than one hundred (100) feet.

[2] Notwithstanding the limitation in Subsection F(2)(a) above, no more than two (2) freestanding signs shall be permitted for any new or used automobile sales operation. Such signs may be for the same or for different makes of automobiles; provided, that if two (2) signs are provided for the same make of automobile, the second sign shall only be permitted if it advertises a different aspect of the automobile sales use, such as but not limited to, used automobile sales, automobile leasing or service. Notwithstanding the provisions of this subsection, no second sign shall be permitted unless the lot upon which the sign is located has at least two hundred (200) feet of street frontage and the spacing requirement of Subsection F(2)(C)[4] below is complied with.

[3] The display surface area of freestanding signs shall not exceed one hundred thirty (130) square feet for each sign; provided that in the case of a second sign for the same make of automobile, the display surface area of said second sign shall not exceed sixty-five (65) square feet.

[4] Freestanding signs shall be located no nearer than one hundred (100) feet to any other freestanding sign located on the same lot.

[5] The provisions of Subsections F(2)(b)[3], (b)[4], (b)[5], (b)[6] and (b)[7] above shall be complied with.

(d) Freestanding joint identification signs located on any property which fronts upon Routes 22, 202 and 206 and located in any of the above districts.

[1] The display surface area shall not exceed one hundred thirty (130) square feet for signs with up to two (2) occupants, businesses or other users identified on the sign, plus thirty (30) square feet for each additional (i.e., beyond the first two) occupant, business or other user identified on the sign; provided that no freestanding joint identification sign shall have a display surface area that exceeds three hundred (300) square feet.

[2] The provisions of Subsections F(2)(b)[1], (b)[3], (b)[4], (b)[5], (b)[6] and (b)[7] above shall be complied with.

[3] Freestanding joint identification signs shall be considered the same as any other freestanding sign for purposes of determining the number of freestanding signs permitted herein.

(e) All other freestanding signs:

[1] No freestanding sign shall be permitted on any lot that has a street frontage of less than fifty (50) feet.

[2] The display surface area of freestanding signs shall not exceed twelve (12) square feet; provided, however, that signs advertising more than one (1) business shall be permitted to have a total display surface area not exceeding fifteen (15) square feet.

[3] Freestanding signs shall not exceed (8) feet in height above the ground.

[4] Freestanding signs shall be set back at least fifteen (15) feet from the street right-of-way.

[5] The provisions of Subsections F(2)(b)[5] and (b)[6] above shall be complied with.

(3) Wall signs shall comply with the following:

(a) Each business is permitted one (1) on-site wall sign for each entrance open to the public, provided that only one (1) wall sign per business is permitted on a wall, and further provided that no more than four (4) wall signs per business shall be permitted on a building. Nothing herein shall be construed to permit a wall sign for a business on any wall which does not contain an entrance open to the public during business hours; provided, however, that buildings that contain a wall sign on a facade containing such an entrance, and which are located on a corner lot, may have a second wall sign on any facade facing a street, even if such other facade does not contain an entrance open to the public. Wall signs may be attached flat against the wall, on an awning or canopy, or may be projecting signs. Any wall sign(s) permitted are in addition to any other permitted signs.

[Amended 06-16-03 by Ord. 2143]

(b) The display surface area shall not exceed one (1) square foot for each linear foot of wall length upon which the sign is attached, up to a maximum display surface area of one hundred fifty (150) square feet; provided, however, that the area of wall signs permitted on a facade not having a public entrance by Subsection F(3)(a) above shall be limited to the area permitted by this subsection, or to the area permitted for a wall sign on the smallest facade having such an entrance, whichever is less.

[Amended 06-16-03 by Ord. 2143]

(c) Except in the B-1, B-2, B-5 and B-6 zone districts and as stated in Subsection F(3)d below, only one (1) dimension, either vertical or horizontal shall be permitted to exceed two (2) feet.

(d) Wall signs In the B-1 and B-2 zone district can exceed the vertical and horizontal limitation stated in Subsection F(3)(c) above by a maximum of one (1) foot for three (3) linear feet; provided, however, that the display surface area [as defined in Subsection F(3)(a)] is greater than or equal to thirty-six (36) square feet. If the permitted display surface area is less than thirty-six (36) square feet, the linear feet where the sign exceeds Subsection F(3)(c) (by a maximum of one foot) is limited to two (2) linear feet. The two (2) or three (3) linear feet that the sign can exceed the dimensional limitation does not have to be continuous.

The purpose and intent of this subsection is to encourage creativity in "indicating the business and goods or services provided, and contributing to the positive image of the business. Signs should employ understandable graphic symbols, a concise message presented in a legible letter style, and the controlled use of color and graphic design to best achieve the sign's purpose. Original and creative designs are strongly encouraged, but the key is for the sign to fit the building's proportions and the district's character. The use of logos or graphic symbolism to complement the lettered sign is also encouraged. For example, the cutout shape of eye glasses outside the optician's business identifies the service without any lettering."

(e) Except in the B-5 and B-6 zone districts, wall signs shall be located on the 1st floor building facade.

G. Signs in the Special Improvement District. All signs within the Special Improvement District should conform to the intent of the written guidelines established by the Architectural Review Board, in addition to any other regulations that may apply in the zone district.

§ 102-120 Special Regulations for Certain Uses and Structures.

[Amended 06-16-03 by Ord. 2143; 6-19-06 by Ord. 2219; 4-6-09 by Ord. 2292; 9-8-09 by Ord. 2313; 12-16-13 by Ord. No. 2425; 12-16-2019 by Ord. No. 2598; 12-16-2024 by Ord. No. 2751]

In addition to all other applicable requirements of this chapter, the requirements herein shall apply to the uses and structures indicated below. The following regulations shall not be construed to permit any uses or structures in any location other than may be specifically permitted elsewhere in this chapter, and the following regulations shall not be construed to be conditional use regulations.

A. Apartments.

(1) Apartments in nonresidential buildings. Residential apartments in nonresidential buildings and when permitted, shall be required to comply with the following requirements:

(a) Location. Apartments and uses accessory to the same shall be located on the upper floors, and not on the ground floor nor in the basement; provided, however, that elevator shafts and stairwells serving apartments may be located on the first floor and in basements, and further provided that basement areas may be used for dead storage.

(b) Minimum number of bedrooms. Each dwelling unit shall contain at least one bedroom.

(c) Minimum floor area per dwelling unit.

[1] One-bedroom unit: 600 square feet.

[2] Two-bedroom unit: 800 square feet.

[3] Three-bedroom unit: 1,050 square feet.

[4] Four-bedroom unit: 1,350 square feet.

(2) The minimum size of an apartment in any single-use residential building shall be as follows:

(a) Studio unit: 500 square feet.

(b) One-bedroom unit: 800 square feet.

(c) Two-bedroom unit: 1,000 square feet.

(d) Three-bedroom unit: 1,200 square feet.

(3) A bedroom shall be considered to be any room other than a living room, kitchen, dinette, dining room, bathroom, laundry room or closet. Floor area shall be measured to the interior face of the walls that define the limits of the apartment and shall exclude common hallways, stair wells, elevator shafts and other common areas, such as but not limited to common utility areas, ventilation shafts and chimneys.

B. Home offices. Home office use shall be a permitted accessory use in all residential zone districts, subject to the following requirements:

(1) There shall be only one such use in any dwelling unit.

(2) The use shall be limited solely to office use.

(3) The use shall be operated by or shall employ in the dwelling unit only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons.

(4) No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes.

(5) The use shall be located only within the principal building, and not within any accessory buildings. There shall not be permitted the conversion of garage parking areas to office use.

(6) The use shall not occupy more than twenty percent (20%) of the total floor area of the dwelling unit, or four hundred (400) square feet, whichever is more restrictive.

(7) The dwelling unit shall not be divided or partitioned in any way so as to prevent free access between all portions of the dwelling unit and the area devoted to the office use.

(8) The office use shall be served by an entrance that also is used, and designed to be used, as an entrance to the residential portion of the dwelling; entrances serving only the office use shall not be permitted.

(9) Interior storage of materials shall consist only of office supplies actually used for normal office activities in the dwelling unit, and shall not include any items to be sold or shipped for sale.

(10) There shall be no change to the exterior of buildings or other structures for the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights.

(11) The use shall not operate any equipment or conduct any process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, any of the foregoing which are detectable by neighboring residents.

(12) The use shall not require any increased or enhanced electrical, water, natural gas or other utility service, supply or usage, above what is typically required for residential use in the zone district.

(13) The quantity and type of solid waste disposal shall be the same as for other residential uses in the zone district.

(14) The capacity and quality of effluent shall be the same as is typical of normal residential use in the zone district, and shall create no potential or actual detriment to the sanitary sewer system or its components.

(15) Deliveries to and from the use shall be made by the same types of trucks used by the U.S. Postal Service, United Parcel Service, Federal Express and other similar delivery services when providing regular service to residential uses in the zone district.

(16) All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to that which is normally associated with other residential uses in the zone district.

(17) Such uses shall be exempt from the requirement to obtain either a zoning permit or site plan approval.

C. Decks, patios, hot tubs, swimming pools, and residential recreational equipment. The following regulations shall apply to decks, patios, hot tubs, swimming pools, slides and swing sets, play houses, tree houses, sand boxes, tennis courts, basketball courts and equipment, and other similar play apparatus and recreational facilities accessory to residential uses; provided, however, that temporary portable swimming pools less than three (3) feet in height and less than ten (10) feet in length or diameter shall be exempt from the following:

(1) Yard location. Such facilities shall be prohibited in the front yard; provided, however, that on a through lot, such facilities shall be permitted to be located in that front yard located between the street and the rear of the principal building, provided that if so located, such facilities shall be required to comply with the minimum front yard setback requirement applicable in the zone district.

(2) Required setbacks. The following setback requirements shall apply, provided that for purposes of administering these provisions in the case of a facility that is located on the upper side of a retaining wall, normal grade shall be considered to be the base of the retaining wall on the lower side of the wall.

(a) No setback shall be required for patios, decks and similar facilities, including any paving or decking around swimming pools and hot tubs, that are at grade or are elevated no more than one (1) foot above normal grade.

(b) Patios, decks and similar facilities, including the steps or stairs for such facilities, that are elevated more than one (1) foot above normal grade, but no higher than the floor level of the lowest above-grade floor of the principal building, excluding basement floors, shall be setback at least five (5) feet from any lot line. However, if the existing setback on a nonconforming residential use or structure is within five (5) feet of any lot line, the setback requirement of the facility is the setback of the nonconforming residential use or structure.

(c) Patios, decks and similar facilities, including the steps or stairs for such facilities, that are elevated above the floor level of the lowest above-grade floor of the principal building, excluding basement floors, shall comply with the setback requirement applicable to principal buildings in the zone district.

(d) Paving or decking surrounding a swimming pool or hot tub shall be located at least five (5) feet from any lot line, if such pavement or decking is elevated more than one (1) foot, but less than six (6) feet, above normal grade.

(e) Paving or decking surrounding a swimming pool or hot tub shall be located at least ten (10) feet from any property line in the R-1 zone district and eight (8) feet from any property line in the other districts, if such pavement or decking is elevated six (6) feet or more above normal grade.

(f) Regardless of elevation, the water's edge of swimming pools must be set back at least ten (10) feet from any property line in the R-1 zone district and eight (8) feet from any property line in the other districts.

(g) (Reserved)

(h) Pool filters, heaters, pumps and other such equipment shall be located at least five (5) feet from any property line.

(i) Slides and swing sets, play houses, tree houses, sand boxes, tennis courts, basketball courts and equipment, hot tubs and other similar apparatus shall be set back at least five (5) feet from any property line.

D. Storage of recreational vehicles in residential zones. Recreational vehicles owned by residents and stored on their property in a residential zone shall be subject to the following requirements; provided that none of the following shall apply to passenger motor vehicles, pickup trucks or vans with a maximum weight carrying capacity of up to one ton when owned or used by the resident on the property and parked or stored in the driveway.

(1) Such vehicles shall be licensed by a State motor vehicle agency or fish and game commission.

(2) Such vehicles shall not be stored in the front yard.

(3) Such vehicles, if stored in the side yard, shall be set back at least ten (10) feet, if in the R-1 zone district, from any property line, or at least eight (8) feet, in any other residential zone, from any property line. Notwithstanding the above, no such vehicle shall be stored within ten (10) feet of any dwelling unit located on an adjacent property.

(4) Such vehicles may be elevated off the ground, but the wheels may not be removed.

(5) Such vehicles shall not be used for residential purposes or for the storage of materials, other than such items which are ordinarily used in the operation of such recreational vehicle.

E. Trailers and storage containers.

(1) No trailer shall be used in connection with a business, manufacturing or industrial establishment for any purpose other than transporting of materials. No trailer used for transporting of materials shall be parked with materials in the trailer on a site or on the street for more than three (3) days at one time.

(2) A trailer used for a contractor's office may be used in connection with a construction project for a period not to exceed six (6) months; provided that a zoning permit therefor has first been obtained from the Zoning Officer. Such permit shall be renewable by the Zoning Officer if the permittee demonstrates to the satisfaction of the Zoning Officer that the trailer is reasonably necessary for the construction project on the property and that the construction project is proceeding on a reasonable time schedule and that the project is not abandoned or unduly delayed. Prior to the issuance of a certificate of occupancy for the development on the subject property, the trailer shall be removed. The trailer shall comply with the yard and setback requirements applicable to accessory buildings, but shall not be subject to the other requirements applicable to accessory buildings. Any violation of any provisions shall render said permit null and void, and such trailer may be subject to immediate removal from the Borough and such other action as the Borough Council may deem necessary.

(3) The permanent use of cargo shipping or storage container or any other manufactured device used to transport and/or store goods is prohibited.

(4) Temporary storage containers are permitted for residential lots/use in the R-1, R-2,. R-3 and PO-R zone districts for the storage of home furnishings and other personal items on a temporary basis during time of home repair, construction, renovation or relocation. Temporary storage containers do not include self-propelled registered motor vehicles and shall not be used for habitation for humans or animals or for the storage of commercial/industrial materials. Containers are only permitted on a lot containing a lawfully existing residential dwelling conditioned as follows:

(a) No person shall place upon any premises in the Borough a temporary storage container unless a permit is obtained from the Borough Zoning Officer.

(b) No more than one (1) temporary storage container shall be placed on an individual lot at one time.

(c) Temporary storage containers shall not exceed eight (8) feet wide, ten (10) feet high, or twenty (20) feet long;

(d) The storage container shall be located on an existing driveway or in the rear yard. If the driveway is a common driveway, the storage container shall be located in the rear yard not closer than eight (8) feet from the side yard and ten (10) feet from the rear yard lot lines. If located on an existing driveway the storage container should be set back as far as possible from the front lot line;

(e) Use without a building permit is not to exceed thirty (30) days from date of delivery;

(f) Use with an active building permit is not to exceed ninety (90) days from date of delivery;

(g) No temporary storage container shall contain any flammable, combustible, toxic, or hazardous materials;

(h) Upon reasonable notice the permit holder shall permit the inspection of any temporary storage unit by any municipal official for compliance with this subsection;

(i) Applications for temporary storage containers shall be in writing on forms provided by the Borough and shall include a notarized statement indicating that the applicant understands and agrees that the temporary storage container is temporary in nature and the applicant understands and has read the ordinance regulating same and

(j) The temporary storage container shall not obstruct pedestrian or vehicular traffic flow, obstruct sight distances or be located within the sight triangle of public street intersections.

F. Fences and retaining walls.

(1) No permit is required for the construction of any fence or wall which is four feet or less in height provided that it complies with the requirements of § 102-116U of the Code.

(2) No fence or freestanding wall shall exceed six feet in height, if located in the rear or side yard, or four feet in height, if located in the front yard, unless it complies with § 102-116U. On through lots, a fence located between the street and the rear of the principal building shall be permitted to be six feet high; provided, however, that within the minimum required front yard setback for such yard, the fence shall not exceed a height four of feet.

(3) The height of retaining walls shall not exceed four feet in height; provided that in the case of terraced retaining walls, each section shall be permitted to be four feet high. Each section of a terraced retaining wall shall be separated by a distance of at least twice the height of the adjacent higher section of the wall.

(4) Fences in the front yard shall not be more than 60% solid when viewed from a point perpendicular to the fence, unless it complies with § 102-116U.

(5) When a fence contains a finished or preferred side and an unfinished or less preferred side, the finished or preferred side shall face the street and adjoining properties, as applicable, depending upon the location of the fence.

(6) No fence shall use hazardous materials such as barbed wire, ribbon wire, broken glass or other sharp edges, and no fence shall be electrified so as to produce a shock when touching the fence.

(7) Landscaping.

(a) All construction sites and building lots located within the B-1 and B-2 zone districts with 100 feet of street frontage or less shall be either landscaped or enclosed with a solid PVC or stockade fence that is between six and seven feet high or, if compliance with such landscaping or enclosure is not feasible, as reasonably approved by the Borough Planner. The landscaping shall consist of (at a minimum) of the lot being graded, top soiled and seeded. Where applicable, soil erosion control measures as required by the Soil Conservation District shall be employed. Landscaping shall only be performed during the growing season (May to October). Through landscaping, the site shall be free of debris, rocks, and have a vegetative ground cover of at least 85% of the lot square footage. In addition, the lot shall be capable of being mowed. Vegetative cover shall be achieved within 30 days of seeding. The property owner shall maintain the fencing and/or landscaping including trash removal.

(b) Construction sites and building lots with more than 100 feet of street frontage shall be appropriately fenced and/or landscaped. The height and type of fencing and required landscaping to be installed shall be as reasonably recommended by the Borough Planner.

(8) Fences and retaining walls shall not obstruct the sight lines of driveways, street intersections or be placed within the street right-of-way irrespective of whether they are compliant with other sections of the Code.

G. Awnings and canopies.

(1) The bottom of awnings and canopies shall be at least eight (8) feet above the sidewalk.

(2) Awnings and canopies shall not project more than four (4) feet from the building.

(3) Awnings and canopies shall not project over a public sidewalk more than fifty percent (50%) of the width of such public sidewalk.

H. Flagpoles and antennas. Flagpoles and residence sending and receiving antennas shall be so placed on any lot in such a way that the base of said mast, flagpole or antenna is no closer to any property line than a distance that equals the height of said mast, flagpole or antenna, or the setback distances required above for accessory buildings, whichever is greater.

I. Outdoor storage. Where outdoor storage of materials is permitted, such outdoor storage shall not be visible to the public or adjacent properties; such areas must be screened by solid fenced and/or appropriate landscaping. Exempted from the foregoing shall be the storage and display of automobiles and other display of goods for sale when permitted by this chapter; provided, however, that in no event shall such storage or display be visible from any residential zone district.

J. Drive-in establishments. Drive-in establishments shall be subject to the following requirements:

(1) The drive-in window(s), drive-up and stacking lanes, and any exterior equipment used in the drive-in operation shall be located at least seventy-five (75) feet from any residential zone district.

(2) When located on any property within two hundred (200) feet of a residential zone district, the hours of operation of the drive-in operation shall be limited to the hours of 7:00 a.m. to 11:00 p.m.

K. Cottage food operation. Cottage food operation is permitted as an accessory use in all zone districts that allow residences subject to the following requirements:

(1) There shall be only one such use in any dwelling unit.

(2) The use shall be operated by or shall employ in the dwelling unit only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons.

(3) The use shall be located only within the principal building, and not within any accessory buildings. There shall not be permitted the conversion of garage parking areas to cottage food use.

(4) The dwelling unit shall not be divided or partitioned in any way to prevent free access between all portions of the dwelling unit and the area devoted to the cottage food use.

(5) There shall be no change to the exterior of buildings or other structures for the use, and no outside appearance of a business use, including but not limited to parking, storage, signs, or lights.

(6) The use shall not operate any equipment or conduct any process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio, or television reception, any of the foregoing which are detectable by neighboring residents.

(7) The use shall not require any increased or enhanced electrical, water, natural gas or other utility service, supply, or usage, above what is typically required for residential use in the zone district.

(8) The quantity and type of solid waste disposal shall be the same as for other residential uses in the zone district.

(9) The capacity and quality of effluent shall be the same as is typical of normal residential use in the zone district and shall create no potential or actual detriment to the sanitary sewer system or its components.

(10) Deliveries to and from the use shall be made by the same types of trucks used by the U.S. Postal Service, United Parcel Service, Federal Express and other similar delivery services when providing regular service to residential uses in the zone district (e.g. no larger than a box truck).

(11) All vehicular traffic to and from the cottage food use shall be limited in volume, type, and frequency to that which is normally associated with other residential uses in the zone district.

(12) Such uses shall have a Cottage Food Operator Permit issued by the N.J. Department of Health and is exempt from the requirement to obtain either a zoning permit or site plan approval.

(13) Upon request, the resident shall allow inspection of the dwelling by the Borough.

§ 102-121 Nonconforming Lots, Uses and Structures.

A. Nonconforming lots. The following provisions shall apply to any lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning regulations, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment:

(1) Such lots may be used for any use permitted in the district in which it is located, subject to the following requirements:

[Amended 12-17-01 by Ord. 2118]

(a) At the time of and since the adoption of the zoning regulation making such lot nonconforming, the owner of the lot shall not have owned any adjoining property; or the lot must be part of a recorded subdivision approved by the Planning Board or the Zoning Board of Adjustment; and

(b) All other applicable zoning regulations besides lot area, lot width, lot depth or lot frontage must be complied with.

(c) In the event that different standards of minimum lot area, lot width, lot depth or lot frontage apply to different uses in the district, then the lot may only be used for the use or use(s) having lot requirements that the property in question complies with. In the event that the property in question is unable to comply with the lot requirements for any of the uses permitted in the district, then the property may only be used for the use or uses having the least restrictive lot requirements. None of the foregoing shall be construed to permit the lot to be used for a conditional use unless all of the conditional use requirements are complied with.

(2) Such lots shall not be subdivided so as to increase the degree or extent of any nonconforming lot condition, or so as to prevent compliance with this chapter by any reasonable future development on the property.

B. Nonconforming uses and structures. The following provisions shall apply to uses and structures the nature, size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning regulations, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment:

(1) Continuation permitted. Any nonconforming use or structure which lawfully existed at the time of adoption of this chapter or any amendment thereto may be continued upon the lot or in the structure so occupied. Any such nonconforming structure may be restored or repaired in the event of partial destruction thereof, as provided in Subsection B(4) below.

(2) Subdivisions involving same. No lot containing a nonconforming use shall be subdivided so as to reduce the lot area of such lot. No lot containing a nonconforming structure shall be subdivided so as to increase the degree or extent of the nonconforming condition.

(3) Expansions or alterations. The following provisions shall apply to the expansion or alteration of nonconforming structures or uses:

(a) Any nonconforming use or structure which is nonconforming because of use shall not be enlarged, extended or structurally altered in any manner whatsoever.

(b) No nonconforming structure may be altered if the alteration would increase the degree or extent of the nonconforming condition, or would create any condition on the property that would not be in conformance with this chapter.

(c) A nonconforming use or structure changed or altered to a conforming use or structure may not thereafter be changed back to a nonconforming use or structure.

(d) A nonconforming use or structure shall not be changed or altered to diminish the nature, degree or extent of the nonconforming condition in one location while simultaneously increasing the nature, degree or extent of the nonconforming condition in another or the same location on the property.

[Amended 12-17-01 by Ord. 2118]

(4) Restoration or repairs. Nothing in this section shall prevent restoration or continuance of a nonconforming building or structure which is partially destroyed by fire, explosion, act of God, or of any public enemy, or the like. "Partial destruction" shall be defined as any destruction of less than sixty percent (60%) of the area or volume, whichever is more restrictive, of the whole building or structure at the time of the partial destruction. If, however, any such building or structure shall be destroyed in excess of sixty percent (60%) of the area or volume of the whole building or structure at the time of such destruction, then such whole building or structure shall be required to conform to all the requirements, terms and conditions of this chapter.

(5) Abandonment of nonconforming uses. Notwithstanding the provisions of Subsection B(1) above, in the event that there shall be an abandonment of any nonconforming use, such use shall not be permitted to continue. For purposes of administering this chapter, a nonconforming use shall be presumed to be abandoned if such use shall have ceased to operate for a period of twelve (12) consecutive calendar months, absent a showing by the property owner, and a finding by the Zoning Board of Adjustment, that the use has not been abandoned notwithstanding the cessation of operation. Any such hearing on abandonment shall be processed as an appeal pursuant to § 102-33.

(6) Approved projects. Nothing in this section shall require any change in plans, construction or designated use of a structure or building for which a preliminary site plan, subdivision, building permit and/or other appropriate permit has been lawfully approved, provided the use and/or structure conforms to the terms of the approved plan, and provided that the period of protection provided by this chapter from changes in the zoning regulations has not expired.

(7) Application for certificate of nonconforming status of a use or structure. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The following provisions shall apply:

(a) The applicant shall have the burden of proof.

(b) Application may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment.

(c) Denial by the Zoning Officer of such application may be appealed to the Zoning Board of Adjustment, and shall be processed as an appeal pursuant to § 102-33.

[Amended 06-16-03 by Ord. 2143]

(d) Fees as required by this chapter shall accompany any such application.

(8) Conversion to conforming use. The conversion of an existing structure from a nonconforming use to a use permitted in the zone district in which such structure is located shall be subject to the same regulations as are new structures.

C. Illegal conditions not protected. Nothing in this section or in this chapter shall be construed to permit the continuation of any condition involving a use, structure or land which was in violation of any zoning regulations at the time such condition was created.