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.
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)
|
[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.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
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.
[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:
(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.
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
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.
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.
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.
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:
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.
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.
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.
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]
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.
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 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:
(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.
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.
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.
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.
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.
(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.
[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 Planning Board. The Planning
Board shall not approve such plans unless the proposed exterior design
or sign of said structures shall have been submitted to the Architectural
Review Board of the Planning Board. The Architectural Review Board
shall review all such plans and shall recommend to the Planning Board
approval or disapproval of same. A copy of the Architectural Review
Board recommendation shall be sent to the applicant. The Planning
Board shall be permitted to condition any approval of an application
upon a satisfactory review by the Architectural Review Board.
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.
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.
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:
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:
[Amended 06-16-03 by Ord. 2143]
(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:
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:
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.
R.
Adult stores or video stores. Adult book store or adult video stores
shall comply with the following requirements:
[Added 7-21-08 by Ord. 2276]
(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.
[Added 12-2-13 by Ord. No. 2424]
(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.
[Added 12-2-13 by Ord. No. 2424]
(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.
[Amended 5-20-2018 by Ord. No. 2572]
(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 ineffective or impossible. This removal of potential obstructions
such as vegetation shall not be sufficient cause for permitting a
front-facing installation. Front-facing installation may be permitted
if the applicant provides valid reasons why this is the only effective
or possible means for utilizing solar energy on the property or photovoltaic
roof shingles are used which are harmonious with nonphotovoltaic roof
shingles. If the applicant proposes to use panels on a structure which
faces a street, an analysis from a design professional (as defined
by the NJ UCC) shall be submitted stating that installation of said
panels on other roof structures is ineffective or not possible.
[Amended 5-20-2018 by Ord. No. 2572]
(f)
Solar energy systems installed for the purpose of generating
electricity 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. All solar energy systems
shall be grid tied.
(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.
[Amended 5-20-2018 by Ord. No. 2572]
(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 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 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.
A.
Principal uses and structures.
[Amended 06-16-03 by Ord. 2143]
(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:
(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.
[Amended 06-16-03 by Ord. 2143]
(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.
[Added 12-16-13 by Ord. No. 2425]
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.
[Amended 06-16-03 by Ord. 2143]
(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.
[Amended 06-16-03 by Ord. 2143]
(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:
[Amended 06-16-03 by Ord. 2143]
(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):
[Amended 12-16-13 by Ord. No. 2425]
(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.
[Amended 06-16-03 by Ord. 2143]
(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:
(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.
[Amended 06-16-03 by Ord. 2143]
(6)
No more than two (2) detached accessory buildings shall be permitted
for any single-family or two-family dwelling.
[Added 06-16-03 by Ord. 2143]
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).
[Added 9-8-09 by Ord. 2311]
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:
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:
[Amended 06-16-03 by Ord. 2143]
(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.
[Amended 06-16-03 by Ord. 2143]
(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.
[Amended 12-16-13 by Ord. No. 2425]
(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.
[Amended 06-16-03 by Ord. 2143]
(g)
Awnings and canopies may encroach up to four (4) feet into any
required yard or court.
H.
Height exceptions.
[Amended 06-16-03 by Ord. 2143]
(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.
(1)
On any corner lot, no fence, planting or other visual obstruction
shall be permitted which is greater than thirty (30) inches in height
above the centerline of the street opposite the point in question
and which is located within a triangle fifty (50) feet on each side
formed by the street right-of-way lines or projections thereof from
their point of intersection.
(2)
No fence or shrubbery shall be permitted to encroach into the
street right-of-way. Tree branches which encroach into the right-of-way
shall be maintained to ensure unobstructed vision and physical clearance
for a distance of at least eight (8) feet above the ground or sidewalk
elevation.
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.
[Amended 06-16-03 by Ord. 2143]
(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.
[Added 7-21-08 by Ord. 2274]
(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)
BOARD
LICENSEE
MASSAGE AND BODYWORK THERAPIES
MASSAGE AND BODYWORK THERAPIES OR MASSAGE AND BODYWORK
Definitions.
The New Jersey Board of Massage and Bodywork Therapy.
Any person who is licensed by the Board to practice massage
and bodywork.
A person licensed by the Board to practice massage and bodywork
therapies.
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.
[Added 12-16-13 by Ord. No. 2425]
(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.
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.
(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 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]
(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]
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).
(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.
(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:
(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:
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.
(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.
[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.
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.
[Amended 12-16-2019 by Ord. No. 2598]
(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.
(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:
[Amended 06-16-03 by Ord. 2143]
(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.
[Amended 12-16-13 by Ord. No. 2425]
(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)
[Repealed 6-19-06 by Ord. 2219]
(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.
[Amended 9-8-09 by Ord. 2313]
(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.
[Amended 06-16-03 by Ord. 2143]
(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.
[Amended 06-16-03 by Ord. 2143]
(1)
No permit is required for the construction of any fence or wall
which is four (4) feet or less in height.
(2)
No fence or freestanding wall shall exceed six (6) feet in height,
if located in the rear or side yard, or four (4) feet in height, if
located in the front yard. On through lots, a fence located between
the street and the rear of the principal building shall be permitted
to be six (6) feet high; provided, however, that within the minimum
required front yard setback for such yard, the fence shall not exceed
a height of (4) feet.
(3)
The height of retaining walls shall not exceed four (4) feet
in height; provided that in the case of terraced retaining walls,
each section shall be permitted to be four (4) feet high. The face
of each section of a terraced retaining wall shall be separated by
a distance at least twice the height of the higher section.
(4)
Fences in the front yard shall not be more than sixty percent
(60%) solid when viewed from a point perpendicular to the fence.
(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 to any person touching the
fence.
(7)
All construction sites and building lots located within the
B-1 and B-2 zone districts with one hundred (100) feet of street frontage
or less shall be either landscaped or enclosed with a solid PVC or
stockade fence that is between six (6) and seven (7) feet high or
as approved by the Borough Planner. The landscaping shall consist
(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 eighty-five percent (85%) of the lot square footage.
In addition, the lot shall be capable of being mowed. Vegetative cover
shall be achieved within thirty (30) days of seeding. The property
owner shall maintain the fencing and/or landscaping including trash
removal. Construction sites and building lots with more than one hundred
(100) feet of street frontage shall be fenced and/or landscaped. The
height and type of fencing (including landscaping) to be performed
shall be determined by the Borough Planner.
[Added 4-6-09 by Ord. 2292]
(8)
Fences and retaining walls shall not obstruct the sight lines
of driveways, street intersections or be placed within the street
right-of-way.
[Added 12-16-13 by Ord. No. 2425]
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.
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.
