[Ord. No. 98-21 § 304-30;
New]
a.
No building shall hereafter be erected nor shall any existing building be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be designed or used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in Schedule A included as an attachment to this chapter.
b.
Nor shall any open space contiguous to any building be encroached
upon or reduced in any manner, except in conformity to the yard, lot
area, building, location, percentage of lot coverage, off-street parking
requirements and such other regulations designated in Schedule A and
in this chapter for the zone district in which such building or space
is located. In the event of any such unlawful encroachment or reduction,
such building shall be deemed to be in violation of this chapter,
and the Certificate of Occupancy shall become void.
c.
Expansion of Residential Uses. A nonconforming residential use or
structure may be expanded to provide additional living space, provided
that the expansion does not increase the maximum number of dwelling
units permitted in the zone and does not infringe further upon any
nonconforming side, front or rear yard. However, no additional building
exteriors shall be closer than five feet to any side lot line.
d.
All stormwater management measures for development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Article XIII, Stormwater Control and Stormwater Management Procedures and the Residential Site Improvement Standards (N.J.A.C. 5:21-7 et seq.).
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
[Ord. No. 98-21 § 304-31]
a.
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal building. Detached accessory buildings shall be located
to the rear of the front building line of the principal building and,
if located in a side yard area, shall conform to the yard requirements
of the zone district in which it is located.
b.
For the purpose of regulating the locations of accessory buildings
on corner lots, and on lots extending through between two parallel
streets, all portions of a corner lot or a through lot which fronts
on a public street shall be subject to the front yard requirements
of the zone district in which the corner lot or through lot is located.
[Ord. No. 98-21 § 304-32]
Every principal building shall be built upon a lot with frontage
upon a street, and the frontage shall not be less than required by
this chapter, as measured along the building setback line and street
right-of-way line.
[Ord. No. 98-21 § 304-33]
a.
Yards Facing Public Streets. All yards facing on a public street
shall be considered front yards and shall conform to the minimum front
yard requirements for the zone in which it is located.
b.
Corner Lots. Corner lots shall provide the minimum front yard requirements
for the prospective zone for both intersection streets for both principal
and accessory buildings.
c.
Yards Facing on Proposed Right-of-way Widening. Where a building
lot has frontage on a street which the Master Plan or the Official
Map of the Borough indicates is proposed for right-of-way widening,
the required front yard area shall be measured from such proposed
right-of-way line.
d.
Fire Escapes in Yards. Open fireproof fire escapes or stairways may
project not more than eight feet into any side or rear yard.
e.
Storage in Front Yards. No front yard shall be used for open storage
of boats, vehicles or any other equipment except for permitted vehicular
off-street parking or vehicular parking on driveways. All open storage
areas shall be properly landscaped.
f.
Front Yard Depth. The depth of a front yard shall be measured between
the street line established by the intended ultimate right-of-way
of the street(s) on which the lot fronts and the nearest point of
the principal building on the lot. The depth of a front yard shall
be measured perpendicular to the street line.
g.
Side Yard. A side yard shall be measured parallel to the street line,
and the dimension of a side yard shall be the distance between the
side lot line and the nearest point of the building or structure for
which the side yard is being measured to that side lot line.
h.
Rear Yard. A rear yard shall be measured perpendicular to the street
line, and the dimension of a rear yard shall be the distance between
the rear lot line and the nearest point of the building or structure
for which the rear yard is being measured to the rear lot line.
[Ord. No. 98-21 § 304-34]
At an intersection there shall be no obstruction of vision between
a height of two feet and 10 feet above the center-line grade of the
street within the triangle defined by the first 75 feet of each of
the intersection street lines for local streets. The distance shall
be increased to 100 feet if either of the streets is a collector street
or increased to 150 feet if either of the streets is an arterial street.
Such triangles shall be graded as necessary and kept clear of any
building, planting or other obstruction.
[Ord. No. 98-21 § 304-35]
a.
Earth Removal and Topsoil. No topsoil shall be removed from the site
or used as spoil unless approved by the Borough Engineer. If soil
is removed from the Borough, approval from the Borough Council is
mandatory. At least six inches of topsoil shall be provided within
25 feet of the structure or paved areas and appropriately landscaped.
All nonhard-surfaced areas of the lot or those portions without structures
shall be stabilized by seeding or planting to prevent soil erosion.
Areas where vegetation has been removed or the surface has been disturbed
and which constitute a potential soil erosion problem shall be appropriately
stabilized to the satisfaction of the Borough Engineer.
b.
Changes in Elevation. No change shall be made in the elevation or
contour of any lot or site by the removal of earth to another lot
or site other than as shown on an approved preliminary plat. Minimal
changes in elevations or contours necessitated by field conditions
may be made only after approval by the Borough Engineer. All changes
necessitated by field conditions shall be shown on the final plat
and indicated as a change from the preliminary, or if final approval
has been granted, the changes shall be shown on the as-built plans.
c.
Stream Setback Requirements. No use, other than an agricultural use
of land, otherwise permitted by this chapter, shall be established
upon land or fill having an elevation lower than the highest elevation
of any known floodplain which affects the property, and no building
shall be constructed so as to have any floor level less than one foot
above the highest elevation of any adjacent known floodplain. Additionally,
no structure shall be constructed closer than 100 feet to the bank
of any stream as determined at normal flow, unless the Borough Engineer
certifies and indicates a lesser requirement is permissible based
upon hydraulic and topographic considerations.
d.
Retention of Natural Features. Existing natural features, such as
trees, brooks, drainage channels and views, shall be retained. Wherever
such features interfere with the proposed use of such property, a
retention of the maximum amount of such features consistent with the
use of the property shall be required. No construction or disturbance
shall be permitted upon lands with slopes 15% or greater.
e.
Temporary Improvements. Prior to or during construction, the Borough
Engineer may require the installation or construction of improvements
to prevent or correct temporary conditions on the site which could
cause personal injury, damage to property or constitute a health hazard.
These conditions may result from erosion and landslide, flooding,
heavy construction, traffic, creation of steep grades and pollution.
Improvements may include berms, mulching, sediment traps, detention
and retention basins, grading, plantings, retaining walls, culverts,
pipes, guard rails, temporary roads and others appropriate to the
specific condition. All temporary improvements shall remain in place
and in operation until otherwise directed by the Borough Engineer.
[Ord. No. 98-21 § 304-36]
All buildings or uses shall be served by a public sanitary sewerage
facility, and a public water supply shall be required wherever practicable.
A statement from the appropriate agency controlling sanitary sewer
and public water connections shall be required in any case where such
service is not practicable. In cases where water is supplied by driven
well and/or sanitary sewerage is treated by septic tank installations,
such installations shall conform to the standard requirements of the
Borough and State Boards of Health or other authority having jurisdiction
thereof.
[Ord. No. 98-21 § 304-37]
When a new lot is formed as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any provisions of this chapter whether with respect
to any existing structures or use or any proposed structures or use.
[Ord. No. 98-21 § 304-38]
Business structures or uses shall not display goods for sale
purposes or coin-operated vending machines of any type in any location
which would infringe upon the required front yard areas specified
in this chapter.
[Ord. No. 98-21 § 304-39]
In any residential zone within Matawan Borough, no commercial
vehicle weighing more than 8,000 pounds shall be parked out-of-doors
overnight. Not more than one commercial vehicle, weighing 8,000 pounds
or less, shall be permitted to be parked overnight in conjunction
with a residential property in a residential zone.
[Ord. No. 98-21 § 304-40]
The exposed storage of inoperable autos or junk materials shall
be prohibited in all zones, excepting where gasoline or other motor
fuel service stations or garages are permitted as a conditional use,
in which case, the amount of exposed storage of inoperable autos shall
be determined by the Unified Planning Board on a case-by-case basis.
[Ord. No. 98-21 § 304-41]
a.
Required. When any business, commercial, industrial or institutional
buildings or uses, including but not limited to off-street parking
areas, occupy a lot in any district as permitted by this chapter and
such lot abuts upon a residential district or use, that portion specified
hereinbelow of the yard or yards immediately adjacent to, and along
the entire length of such lot adjoining the residence district or
use, shall be considered a buffer strip, which buffer strip shall
be regulated as follows, provided that nothing in this section shall
prevent the reconstruction, repair or rebuilding without the enlargement
of any nonconforming building existing at the effective date of this
chapter.
b.
Location. The buffer strip shall be located within the required yard
area of the property used for nonresidential purposes, and the structures
and planting required by this section shall be provided and properly
maintained by the owner of the nonresidential property. No part of
any buffer strip shall be occupied by a sign or by any structure or
use, except as is specifically permitted in this article.
c.
Type. If the buffer strip area is substantially screened by natural trees and growth, the same shall be left in its natural state. If the area is not substantially screened in its natural state, it shall be planted with shrubs and trees as specified in subsection 34-3 so as to provide an adequate screen from the residential properties. Any portion of a buffer strip not planted with shrubbery or trees shall be graded and planted with grass seed, sod, rocks or mulch and be attractively maintained and kept free of all debris and rubbish.
d.
Height.
1.
For planted buffer strips or buffer strips with natural landscape
screens, the landscape screen shall consist of massed evergreen and
deciduous trees and shrubs of such species and size as will produce,
within two growing seasons, a screen at least six feet in height and
of such density as will effectively and substantially obscure the
light of automobiles' headlamps emitted from the premises.
2.
Adjacent to parking areas, the required height of the landscape screen
shall be measured in relation to the elevation of the edge of such
parking area. In the event that the ground elevation of the location
at which the screen is to be planted is less than that of the edge
of the adjacent parking area, the required height of screen shall
be increased in an amount equal to this difference in elevation. In
the event that the ground elevation of the location at which the screen
is to be planted is greater than that of the edge of the adjacent
parking area, the required height of the screen may be reduced in
an amount equal to the difference in elevation, provided that in no
case shall a required height be reduced to less than two feet.
e.
Width. The minimum width of buffer strips shall be as follows:
1.
General business districts: at least eight feet wide.
2.
Special business districts: at least 15 feet wide.
4.
Any industrial district: at least 25 feet wide.
5.
Any school: at least 10 feet wide.
6.
Hospitals: at least 15 feet wide, plus five additional feet wide
for each ten-foot interval or fraction thereof of the height of the
principal building exceeding 35 feet.
f.
Walls or Fences. A freestanding wall or a fence which shall be not
more than four feet in height in all nonresidential districts, except
as specified in the HI district, may be erected on either side of
a buffer strip. In residential districts, a freestanding fence, not
exceeding six feet in height, shall be erected along the property
boundary adjacent to any active recreation area of any school.
g.
Off-street Parking Areas. In the case of off-street parking areas,
whether on separate lots or within the yard of the building to which
such parking areas are appurtenant, a solid wall or a substantial,
tight, neat fence, four feet in height above the grade of the land
in the abutting residence district, shall be constructed along the
entire length of the buffer strip. Such wall or fence may be located
within the buffer strip but shall be distant at least five feet from
the abutting residence district. In addition, for the uses specified
in this subsection, the planting specified in paragraph c above shall
be located in the buffer strip on the residential side of such wall
or fence. This requirement shall not preclude planting on the nonresidential
portion of the buffer.
h.
Waivers for Public Recreation Areas. When the buffer strip is sufficiently
wide and is reserved by agreement, approved by the Unified Planning
Board and the Borough Attorney, subjecting its control to the Borough
for public recreation purposes, the Unified Planning Board, as the
case may be, may waive the required screen planting in the portion
of the buffer strip so reserved.
i.
Waivers Due to Hardships. When there are exceptional hardships in
the way of carrying out the strict letter of the provisions of this
section, the Unified Planning Board, as the case may be, may, after
public notice and hearing, waive or vary the foregoing requirements,
subject to such conditions as it may prescribe in the public interest.
j.
Maintenance. Plantings shall be watered regularly and in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage
of materials or parking shall be permitted within the buffer area.
Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
k.
Disclaimer. The requirements in this section shall apply to all districts,
except as specifically provided in the highway improvement district.
[Ord. No. 98-21 § 304-42]
a.
Maximum Height. Except as otherwise provided for buffer strips in subsection 34-41 above, a wall or fence, which shall not be more than 48 inches in height, may be erected within any required yard or court.
b.
Retaining Walls. A retaining wall, when approved by the Zoning Official,
may be taller than 48 inches, but such retaining wall shall not extend
in height for more than one foot above the natural or approved finished
grade at its top, unless proper surface drainage requires a greater
height. Such requirement shall be determined by the Borough Engineer.
c.
Permit Required. Any fence or wall taller than 48 inches shall be
subject to the Zoning Official's issuance of a zoning permit or his
approving notation upon a previously issued and still valid zoning
permit for the premises.
e.
Farm and Temporary Fences Excepted. Farm fencing and walls, temporary
snow fencing and other types of temporary fencing (not to stand more
than one year) are excepted from the foregoing regulations.
f.
Maintenance. Every fence shall be maintained in a safe, sound, upright
condition and shall be erected with the framework or supporting structure
facing the inside of the lot. If the Zoning Official determines that
any fence or portion of any fence is not being maintained in a safe,
sound, upright condition, he shall notify the owner of such fence
in writing of his findings and order such fence or portion thereof
repaired or removed within 30 days of the date of the written notice.
[Ord. No. 98-21 § 304-43]
a.
Off-street Parking. In all zones in connection with every industrial,
business, institutional, recreational, residential or any other use,
there shall be provided, at the time any building or structure is
erected or is enlarged or increased in capacity, off-street parking
for automotive and other vehicles in accordance with the requirements
set forth herein. Such facilities shall be completed prior to the
issuance of a Certificate of Occupancy. Applicant shall also meet
the requirements of N.J.S.A. 52:32-11 requiring parking spaces for
the handicapped.
b.
Parking Area Design Standards.
1.
Size of Stalls. Each off-street parking space shall have an area
of not less than 162 square feet, exclusive of access drives or aisles,
and shall measure nine feet in width by 18 feet in length. These conditions
shall not apply to parallel curb parking spaces, which shall measure
not less than eight feet in width and 24 feet in length, and spaces
for the physically handicapped, which shall measure not less than
12 feet in width and 20 feet in length.
2.
Number of Spaces. The number of off-street parking spaces required
shall be as set forth in the following table, in accordance with the
indicated standards for the minimum space requirements for particular
uses:
|
Use
|
Minimum Space Requirement
|
|---|---|
|
Automobile sales establishments
|
At least 1 space per employee, plus 1 space for every 200 square
feet of the areas devoted to retailing
|
|
Bank and savings institutions
|
1 space for each 300 square feet of gross floor area
|
|
Barber and beauty shops
|
2 spaces per chair, plus 1 additional space for each employee
|
|
Bowling lanes
|
4 spaces for each lane
|
|
Churches, synagogues or other places of worship
|
1 for each 3 seats, or 1 for each 72 inches of seating space
when benches rather than seats are used
|
|
Community buildings, social halls and places of public assembly
|
1 for each 2 seats, except where a specific amount of seating
is undetermined, then 1 space shall be required for each 75 square
feet of assemblage area
|
|
Educational institutions, public or private
|
At least 1 space for each employee, including teachers and administrators;
sufficient off-street parking space for the safe and convenient loading
and unloading of students; additional facilities for student parking,
taking into consideration the total number of students driving automobiles.
The requirements for stadium, gymnasium and auditorium use shall be
in addition to these requirements
|
|
Eleemosynary or philanthropic institutions
|
At least 1 space for each 2 employees, plus such additional
facilities for residents and visitors as shall be deemed necessary
|
|
Flower or plant nurseries
|
1 per employee, plus 1 per each 200 square feet of retail area
exclusive of areas devoted exclusively to storage
|
|
Funeral homes, mortuaries
|
10 spaces, plus 1 space for each 50 square feet of gross floor
area
|
|
Hospitals
|
At least 1 space for each 2 patient beds, excluding bassinets,
plus 1 additional space for each medical staff member or visiting
doctor, based on the average number of such persons serving the hospital,
plus 1 additional space for each 2 employees, including nurses
|
|
Hotels
|
At least 1 space for each employee on the maximum work shift,
plus 1 space for each sleeping room, whichever is greater
|
|
Industrial or manufacturing establishments
|
1 space for each 300 square feet of gross floor area exclusive
of storage space
|
|
Use
|
Minimum Space Requirement
|
|
Laboratory and research uses
|
1 space for every 400 square feet of gross floor area
|
|
Laundromats
|
1 space for every 2 washing machines
|
|
Medical or dental clinics or offices
|
1 space for each 200 square feet of gross floor area
|
|
Motels, auto courts, motor lodges
|
1 space for each rental unit and, in addition, compliance with
the requirements for each particular additional use located on the
property, such as restaurants, eating and drinking establishments,
retail stores and meeting rooms
|
|
Nursing homes
|
1 1/2 spaces for each bed or 1 space for each room, whichever
is greater, plus 1 space for each employee
|
|
Offices, general and professional (other than medical and dental)
|
1 for each 250 square feet of gross floor area
|
|
Railroad or bus stations
|
At least 1 space for each 100 square feet of waiting room space,
including concession and dining areas
|
|
Recreation establishments, commercial (other than theaters or
bowling) establishments, auditoriums or stadiums
|
At least 1 space for each 100 square feet of nonstorage gross
floor area
|
|
Residential dwellings: One- and two-family
|
2 parking spaces for each dwelling unit. In addition, all new
residential homes shall contain a garage for the parking of at least
one automobile.
|
|
Garden apartments
|
At least 2 spaces for each dwelling unit
|
|
Restaurants
|
1 for each 2 1/2 seats
|
|
Retail stores, store groups, shops, etc.
|
1 for each 150 square feet of gross floor area where the floor
area does not exceed 2,000 square feet; 1 for each 175 square feet
of gross floor area where the floor area exceeds 2,000 square feet
|
|
Swimming pools and clubs
|
1 space for each 30 square feet of pool area
|
|
Tennis courts
|
6 for each court
|
|
Theaters
|
1 for each 3 seats
|
|
Wholesale establishments, warehouses, furniture stores
|
1 for each 500 square feet of floor area
|
3.
Off-street Parking Requirements for a Combination of Uses. The parking
requirement for each use shall be computed separately and then added
together to compute the total number of required parking areas. In
all questionable or doubtful cases, or for uses not enumerated, the
Unified Planning Board shall determine the required number of spaces,
utilizing as a standard the requirements for the uses which are specifically
enumerated.
4.
Access. There shall be adequate provision for ingress and egress
to all parking spaces. The width of access drives or driveways shall
be determined as part of site plan review depending on use, topography
and similar considerations.
5.
Size of Aisles. The width of all aisles providing direct access to
individual parking stalls shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving single-row parking spaces placed at an angle other than ninety
(90°) degrees.
|
Degrees
|
Aisle Width
(feet)
|
|---|---|
|
0 (parallel)
|
12
|
|
30
|
12
|
|
45
|
13
|
|
60
|
18
|
|
90 (perpendicular)
|
25
|
6.
Location. No off-street parking or loading area shall be located
in a minimum required front yard, except as provided in this chapter.
7.
Sidewalks and Curbing. Sidewalks between parking areas and principal
structures, along aisles and driveways and wherever pedestrian traffic
shall occur, shall be provided with a minimum width of four feet of
passable area and shall be raised six inches or more above the parking
area, except when crossing streets or driveways. Guardrails and wheel
stops permanently anchored to the ground shall be provided in appropriate
locations. Parked vehicles shall not overhang or extend over sidewalk
areas, unless an additional sidewalk width of two and one-half (2 1/2)
feet is provided to accommodate such overhang.
c.
Off-street Loading. The minimum requirements for off-street loading
space shall be as follows:
1.
Industrial and wholesale operations with a gross floor area of less
than 10,000 square feet shall be sufficient to permit the transfer
of goods and products in an area other than the public streets, employee
and customer parking areas or access driveways.
2.
Industrial and wholesale operations with a gross floor area of 10,000
square feet or over shall provide one space for each 10,000 square
feet.
3.
Office buildings or hotels with a gross usable floor area of 100,000
square feet or more devoted to such purposes shall provide one loading
berth for every 100,000 square feet of floor area.
4.
Retail operation, and all first floor nonresidential uses, with a
gross floor area of more than 3,000 square feet and less than 20,000
square feet and all wholesale and light industrial operations with
a gross floor area of less than 10,000 square feet shall provide one
loading space.
5.
Retail operation, including restaurant and dining facilities within
hotels and office buildings, with a gross usable floor area of 20,000
square feet or more devoted to such purpose shall provide one loading
berth for every 20,000 square feet of floor area.
[Ord. No. 98-21 § 304-44; Ord. No. 04-19; Ord. No.
06-31]
a.
All signs within the Borough shall be erected, constructed or maintained
in accordance with the provisions of this section. No existing sign
shall be enlarged, rebuilt, structurally altered or relocated except
in accordance with the provisions of this chapter and until a permit
has been issued by the Zoning Official. The issuance of a permit shall
not relieve the owner or lessee of the premises from the duty of maintaining
such structures safely. No sign of any description shall be installed,
erected, constructed or maintained in such manner as to obstruct any
fire escape or any window or door, nor shall any sign be attached
in any manner to a fire escape. Every sign constructed or maintained
shall be plainly marked with the name of the person, firm or corporation
erecting or maintaining such sign.
b.
Traffic Safety. No signs shall be erected in the Borough that:
1.
Obstruct the sight distance at an intersection along a public right-of-way.
2.
Would tend by its location, color, shape, message or nature to be
confused with or obstruct the view of traffic signs or traffic signals
by motorists or pedestrians. No red, green or yellow illuminated sign
shall be permitted within 300 feet of any traffic signal.
3.
Use admonitions, such as "Stop," "Go," "Slow," "Danger," etc. which
might be confused with traffic directional signs.
4.
No sign, other than official traffic control devices or street signs,
shall be erected within, or encroach upon, the right-of-way lines
of any street unless specifically authorized by other ordinances or
regulations of the Borough.
c.
Fire, Safety, Light and Air. No sign shall be erected or constructed
that will violate any of the Borough regulations as to health, required
light, safety or air, as defined in the State Uniform Construction
Code.
d.
Maintenance. Whenever a sign becomes structurally unsafe or endangers
the public safety, the Zoning Official shall order that such sign
be made safe or removed. Such order shall be complied with within
10 days of the receipt thereof by the person, firm or corporation
owning or using the sign, or the owner of the building or premises
on which the sign is located, or the owner of the building or premises
on which unsafe sign is affixed or erected. Failure to obey such orders
shall be a violation of this chapter.
e.
Shielding of Signs. Any sign in a nonresidential district that is
located within 100 feet of any residential district, measured along
the street frontage on the same street or directly across a street,
shall not contain flashers, animators or mechanical movement or contrivances
of any kind, excepting clocks.
f.
Illumination. Illumination devices, such as but not limited to flood-
or spotlights, shall be so placed and so shielded as to prevent the
rays of illumination thereof from being cast into neighboring dwellings
and approaching vehicles.
g.
Signs Over Pedestrian Walks. No portion of any sign shall be located
within or suspended over a pedestrian walk within a ten-foot clearance.
h.
Computing Sign Area. The area of a permitted sign shall be determined
by multiplying the greatest horizontal dimension by the greatest vertical
dimension, including the background structure or other decoration
or addition which is an integral part of the sign. Sign supports shall
be excluded in determining the area of a sign.
i.
Historical Site or Monument. No sign shall be permitted within 100
feet of the property line of any historical site or monument.
j.
Setback from Residential District. Signs shall be set back not less
than 10 feet from the district boundary line of any residential district
and shall be screened from the adjoining residential district by shrubbery,
a wall or other suitable device.
k.
Nonconforming Signs. Any sign, billboard, signboard or advertising
device existing at the time of the passage of this chapter that does
not conform in use, location, height or size with the regulations
of the district in which such sign is located shall be considered
a nonconforming use and may continue in such use in its present location
until replacement or rebuilding becomes necessary, at which time a
permit will be required and the sign brought into conformity with
this chapter.
l.
Movable Signs. No sign or device in the nature of an advertisement
or announcement so constructed as to be movable, or which shall be
placed on a standard sitting upon the ground, shall be placed or permitted
to remain on any part of any street, sidewalk, parkway, curb or other
public place.
m.
Administration, Filing Procedure.
1.
Administration. The Zoning Official shall only issue a permit for
the erection or construction of a sign which meets the requirements
of this section. Any aggrieved person may appeal the decision of the
Zoning Official by filing such appeal with the Board of Adjustment.
2.
Filing Procedure. Application for permits to erect, stand or place
a sign shall be submitted on forms obtainable from the Zoning Official.
Each application shall be accompanied by plans showing the area of
the sign, size and character, method of illumination (if any), the
exact location proposed for such sign, and, in the case of a projecting
sign, the proposed method of fastening such sign to the building structure,
the vertical distance between such sign and the finished grade and
the horizontal distance between such sign and the curb and also between
such sign and the right-of-way line.
3.
Additional Information. Each applicant shall upon the request of
the Zoning Official submit any additional information deemed necessary
by the Zoning Official.
n.
Signs Which Do Not Require a Permit. The following signs may be erected,
constructed, placed and maintained without a permit from the Zoning
Official:
1.
Any sign not exceeding three square feet in area. Such sign, if illuminated,
shall be of an enclosed lamp design, nonflashing and containing no
color illumination. Such sign, if not attached to a building, shall
be set back at least five feet from the nearest road right-of-way
line. Reflector type signs may also be used. All such signs shall
be designed so as not to shine or reflect light upon adjacent residential
dwellings. Not more than one such sign shall be erected for each permitted
use or dwelling unit.
2.
Any temporary real estate sign. Such sign shall not be illuminated
nor exceed 12 square feet.
3.
Any incidental sign advertising the sale of farm produce grown or
produced on the premises in any zoning district wherein an agricultural
use is permitted, provided that such sign shall not exceed 12 square
feet in area and shall be at least 100 feet from the nearest intersection
of a street, road or highway, and at least five feet from the nearest
property line. Such sign shall not be illuminated.
4.
Any temporary construction site sign erected on the site during the
period of construction to announce the name of the owner or developer,
contractor, architect, landscape architect or engineer. Such signs
shall not be illuminated.
5.
Any temporary sign of mechanics, painters and other artisans, provided
that such signs shall be erected only on the property where such work
is being performed, does not exceed 12 square feet and shall be removed
promptly upon completion of the work.
6.
Signs incident to the legal process of law and necessary to the public
welfare.
7.
Customary warning, trespassing and posted signs or sign indicating
the private nature of a driveway or property, provided that the size
of the sign does not exceed three square feet.
8.
Directional or informational signs of a public or semipublic nature,
not exceeding eight square feet in area. Not more than one such sign
shall be placed on each property unless such property fronts on more
than one street, in which case one such sign may be erected on each
street frontage. Such signs shall only be used for the purpose of
stating or calling attention to:
(a)
The name or location of a hospital, community center, public
or private school, church, synagogue or other place of worship.
(b)
The name or place of meeting of an official or civic body, such
as a chamber of commerce or service club.
(c)
An event of public interest, such as public or general election;
church or public meeting; local, County and State fair; volunteer
fire department fair; and other similar community activities and campaigns.
(d)
Soil conservation, 4-H and similar projects.
9.
Signs or displays on or within store windows relating to the business
conducted within.
o.
Signs Which Require Permits. No sign, except those listed in paragraph
n above, shall be erected, placed, maintained or structurally altered
without a permit from the Zoning Official.
p.
Temporary Signs. Except for temporary real estate signs, a temporary
sign shall not remain in place for a period exceeding six months.
A temporary sign shall be removed by the person, firm or corporation
owning such signs or structure or by the owner of the buildings or
premises on which such sign is affixed or erected within ten calendar
days following expiration of the time allowed for maintenance of said
sign.
In the case of public or general election signage, displays
may commence no sooner than 90 day(s) prior to the date of the public
or general election. Said sign(s) shall be removed by the person,
firm or corporation owning such signs or structure or by the owner
of the buildings or premises on which such sign is affixed or erected
within five calendar days following the date of the public or general
election.
[Amended 10-4-2022 by Ord. No. 22-14]
q.
Signs in Residential Districts. The following types of signs shall
be permitted in all residential districts.
1.
Signs specified in paragraph n above.
2.
Signs advertising the sale or development of the premises when erected
in connection with the development of the premises by a builder, developer,
contractor or other person interested in such sale or development
as per paragraph n4 above, provided that:
(a)
The size of such sign is not in excess of 32 square feet.
(b)
The sign shall be 25 feet from a street or property line.
(c)
Not more than one such sign shall be placed on any property
unless the property fronts on more than one street in which event
not more than one may be erected on each street frontage.
(d)
The sign is removed when a Certificate of Occupancy is issued
for the last dwelling unit.
3.
Signs identifying home occupations or the offices of a member of
a recognized profession who is in residence on the lot, provided that:
(a)
The sign is self-illuminating, nonflashing and does not exceed
four square feet in area.
(b)
Only one such sign per dwelling unit shall be permitted, except
in the case of corner lots where two such signs (one facing each street)
shall be permitted for each dwelling unit.
(c)
The information on the sign shall be limited to the occupant's
name, business or profession and house number.
4.
Any freestanding sign permitted in any residential district shall
be placed at a reasonable setback from the street line so as not to
impair the vision of drivers entering or exiting on-site or off-site
driveways or side streets. In addition, such signs shall be located
no closer than 10 feet from the nearest property line.
r.
Signs Permitted in the Business Districts. The following types of
signs shall be permitted in general business, special business and
highway improvement districts:
1.
Signs permitted in paragraph n above.
2.
Signs advertising the sale or development of the premises when erected
in connection with the development of premises by a builder, developer,
contractor or other person interested in such sale or development
as per paragraph n4 above, provided that:
(a)
The size of such sign is not in excess of 32 square feet, and
the sign shall be 25 feet from a street or property line.
(b)
Not more than one such sign shall be placed on any property,
unless the property fronts on more than one street, in which event
not more than one sign may be erected on each street frontage.
(c)
The sign is removed when a Certificate of Occupancy is issued
for the last tenant or owner.
3.
A sign attached to the main building advertising a business conducted
on the premises shall be subject to the following regulations:
(a)
Such signs shall not exceed two square feet in area for each
one-foot width of building facade which is devoted to the business
and to which it is attached and in no case shall such sign exceed
200 square feet in area on one side.
(b)
Such sign shall not project more than 12 inches from the building
facade to which it is attached, provided that the bottom of the sign
shall not be closer than 10 feet from the ground level of the sign.
(c)
Such sign shall not have a vertical dimension in excess of five
feet.
4.
Freestanding signs shall be subject to the following regulations:
(a)
Such signs shall not exceed a height of 25 feet measured from
the ground level to the topmost portion of the structure; provided,
however, that the height does not exceed the minimum setback as per
paragraph 4(c) below, minus five feet. Supporting frames for all such
signs shall be of permanent materials, such as steel, concrete or
masonry.
(b)
The area of any freestanding sign shall not exceed 50 square
feet on any one surface.
(c)
The minimum setback for freestanding signs that are at least
10 feet in height shall be the maximum height of the proposed sign,
as measured by the topmost portion of the structure, plus an additional
five feet. No sign shall be closer than five feet from the street
line.
(d)
Not more than one freestanding sign per business premises shall
be permitted on any one street frontage.
(e)
Such sign may be interior lighted with nonglaring lights or
may be illuminated by shielded floodlights. No lights of intermittent
or flashing type shall be permitted.
5.
Automobile and gasoline service stations may display the following
signs which are deemed customary and necessary to their respective
business:
(a)
One freestanding or pylon sign advertising the name of the station
or garage and the principal products sold on the premises, including
any special company or brand name, insignia or emblem, provided that
each such sign shall not exceed 35 square feet in area on a side and
shall be hung within the property line not more than 20 feet above
the ground.
(b)
Two temporary signs located inside the property line along each
such street frontage and specifically advertising special seasonal
servicing of automobiles, provided that such sign does not exceed
three feet in height and two and one-half (2 1/2) feet in width.
6.
Shopping centers, where permitted only, may display the following
signs:
(a)
Each permitted use may have a sign located on or attached to
the principal facade of the use. Such sign shall not project more
than 18 inches beyond the building or structure line and shall not
exceed an area equal to 10% of the front wall area or 50 square feet,
whichever is smaller.
(b)
Each shopping center may have one freestanding or pylon sign
for each street frontage, provided that such sign shall not exceed
100 square feet in area on any one side, shall not exceed 30 feet
in height, shall not be placed closer than 25 feet from a side line
of the street line and 50 feet from all other property lines and shall
be within the property line of the premises to which it relates.
(c)
Supporting frames for all such signs shall be of permanent materials,
such as steel or concrete.
(d)
Freestanding or pylon sign may be interior lighted with nonglaring
lights or may be illuminated by shielded hood or spot lights. No lights
of intermittent or flashing type shall be permitted.
s.
Signs Permitted in the Industrial Districts. The following types
of signs shall be permitted in the industrial districts:
1.
Signs permitted in paragraph n above.
3.
A freestanding sign advertising a permitted use within the district
shall be subject to the following regulations:
(a)
Such sign shall not exceed a height of 15 feet measured from
the ground line and shall not be erected within 50 feet of a street,
highway or residential district boundary line.
(b)
Supporting frames shall be of permanent materials, such as steel,
concrete or masonry.
(c)
The area of such sign shall not exceed 100 square feet.
(d)
No more than one sign shall be permitted on any one street frontage.
(e)
Such sign may be interior lighted with nonglaring lights or
may be illuminated by shielded flood-or spotlights. No lights of intermittent
or flashing type shall be permitted.
4.
A sign attached to a main building shall be restricted in area to
15% of the wall area or 100 square feet, whichever is smaller, including
windows and doors, of the wall upon which such sign is attached or
affixed.
t.
Freestanding Signs in Certain Districts and Zones. Freestanding promotional
signs associated with any business in the General Business and the
Downtown Preservation Zones shall be permitted, subject to the following
conditions:
1.
General. Freestanding promotional signs in the General Business and
the Downtown Preservation Zones shall conform to the general appearance
and architecture of their surroundings, including the building, neighborhood,
and other signs in the area. They should not be designed to compete
with one another, but designed to compliment one another, contributing
to a shared community image that promotes the attractiveness and viability
of the streets of the community.
2.
Lettering Styles. Lettering styles for freestanding signs in the
General Business and the Downtown Preservation Zones should conform
as much as possible to the attached Schedule 1[1] concerning lettering styles with typefaces which are reminiscent
of the turn of the century atmosphere.
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
3.
Signage Color Combinations. Signage color combinations for freestanding
signs in the General Business and Downtown Preservation Zones should
be designed to accommodate the lettering and trim color associated
in Schedule 2.[2] Freestanding signs should be painted and be made of wood,
metal or a material made to look like wood or metal.
[2]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
4.
Size. The size of the freestanding sign must not exceed 12 square
feet, but the sign may be double-faced. Freestanding signs are only
recommended where the building is set back at least 15 feet from the
property line and the sign must be set back two feet from the property
line. The sign must comply with all standards for ADA accessibility
for pedestrian use of the sidewalk. Lettering on the sign shall not
exceed 60% of the total sign area and typeface shall conform to the
guidelines established in Schedule 1. Colors, background and trim
shall conform to the guidelines pursuant to Schedule 2.
5.
Applicable Standards.
(a)
Only one freestanding sign is permitted for each property.
(b)
Freestanding signs may not have attached thereto any lights
or illumination.
(c)
The maximum height of any sign shall be four feet.
(d)
Maximum width of any sign shall be four feet.
(e)
Maximum depth of any sign shall be six inches.
Any sign that is proposed for the General Business and the Downtown
Preservation Zones which meets the criteria set forth in this paragraph
shall not require a special permit for the placing of said sign. A
property owner and/or business entity located on the property desiring
to place a sign not meeting the specifications set forth in this paragraph
must seek approval from the Unified Planning Board of the Borough
of Matawan, under the procedures set forth in paragraph m above.
[Ord. No. 98-21 § 304-45]
a.
Performance Requirements for Industrial and Light Industrial Districts. Uses permitted in the industrial and limited industrial districts shall conform with the performance requirements listed below. Upon applying to the Unified Planning Board for site plan approval pursuant to Article III, Site Plan Review, the applicant shall furnish such evidence and documentation as may be required by the Unified Planning Board to establish that the proposed use will comply with the performance requirements. In the case of a structure being built for future lease, in whole or in part, the Unified Planning Board may waive this requirement and direct that a building permit be issued; provided, however, that no Certificate of Occupancy shall be issued until the applicant establishes that the proposed occupant comply with the performance requirements.
b.
Noise.[1]
1.
Any noise produced on the premises shall not be in excess of the
standards listed below when measured at any property line on the lot
on which the use is located.
|
Frequency Band Cycles
(per second)
|
Sound Pressure Level
Decibels re 0.0002 dyne/cm2
|
|---|---|
|
20 to 75
|
69
|
|
75 to 150
|
54
|
|
300 to 600
|
41
|
|
600 to 1,200
|
37
|
|
1,200 to 2,400
|
34
|
|
2,400 to 4,800
|
31
|
|
4,800 to 10,000
|
28
|
2.
If the noise is not smooth and continuous but is of an impulsive
or periodic character, the decibel levels indicated above shall be
reduced by 5%. Noise shall be measured with a sound level meter meeting
the standards of the American National Standards Institute American
Standards Specification for General Purpose Sound Level Meters.
c.
Smoke. Any smoke emitted from any source on the lot shall not be
of a density described as No. 1 on the Ringelmann Chart, as published
by the United States Bureau of Mines, or shall comply with standards
promulgated pursuant to State statute, whichever shall be more stringent.
d.
Dust and Odors. No visible fly ash and no dust, fumes, vapors, odors
or other forms of air pollution shall be transmitted beyond the property
lines of the lot on which the use is located.
e.
Heat or Glare. No activity shall be maintained on the lot which will
produce heat or glare beyond any lot line.
f.
Vibration. No machinery or operation shall be permitted which shall
cause perceptible earthshaking vibration beyond the property lines
of the lot on which the use is located.
g.
Open Burning. No open burning shall be permitted except where it
may be allowed by the New Jersey Air Pollution Control Code.
h.
Open Storage. No open storage or accumulation of junk, solid wastes
or other objectionable materials shall be permitted.
[Ord. No. 98-21 § 304-46]
a.
General.
1.
Required. Interceptors, including grease, oil and sand interceptors,
etc., shall be provided when in the opinion of either the Borough
Engineer, Construction Code Official, Plumbing Official, Property
Maintenance Official or Board of Health, here and after known as "Borough
official," necessary for the proper handling of liquid wastes containing
grease, flammable wastes, sand, solids and other ingredients harmful
to the building drainage system, the public sewer or sewage treatment
plant or process.
2.
Design. The size and type of each interceptor shall be approved by
the Borough official. No wastes other than those requiring treatment
or separation shall be discharged into any interceptor.
3.
Approved Type. Interceptors shall comply, in all respects, with the
type or model of each size thereof approved by the Borough official.
4.
Separation of Liquids. A mixture of light and heavy liquids having
various specific gravities may be treated and then separated in a
receptor as approved by the Borough official.
5.
Venting. Interceptors shall be so designed that they will not become
air-bound if tight covers are used. Each interceptor shall be properly
vented if loss of trap seal is possible.
6.
Accessibility. Each interceptor shall be so installed that it is
readily accessible for removal of cover, servicing and maintenance.
Need for use of ladders or moving of bulky objects in order to service
interceptors shall constitute a violation of accessibility.
7.
Maintenance. Interceptors shall be maintained in efficient operating
condition by periodic removal of accumulated grease, scum, oil or
other floating substances and solids deposited in the interceptor.
8.
Discharge. The waste from oil and sand interceptors shall discharge
into the storm sewer, or as otherwise approved by the Borough official.
b.
Grease Interceptors.
1.
Food Grinders. Food waste grinders shall not discharge to the building
drainage system through a grease interceptor.
2.
Water-cooled Interceptors. The installation of water-cooled grease
interceptors shall be prohibited.
3.
Capacity. Grease interceptors, if installed, shall have a grease
retention capacity of not less than two pounds for each gallon per
minute of flow. However, a minimum of a one-hundred-pound grease interceptor
will be required for all establishments when, in the opinion of the
Borough official, necessary for the proper handling of liquid wastes
containing grease.
4.
Rate of Flow Controls. Grease interceptors shall be equipped with
devices to control the rate of water flow through the interceptors
so that it does not exceed the rated flow of the interceptors.
5.
Not Required. A grease interceptor shall not be required for individual
dwelling units or any private living quarters.
c.
Oil and Flammable Liquids Interceptor.
1.
Required. All required garages, gasoline stations with grease racks,
grease pits or wash racks, all motor vehicle laundries and all factories
which have oily and/or flammable wastes as a result of manufacturing,
storage, maintenance, repair or testing process shall be provided
with all necessary floor drains, sand interceptors, catch basins and
oil interceptors, properly vented through the roof on the sewer side
of the interceptor. The waste shall not be less than three inches
in diameter with a full size cleanout to grade and the vent pipe not
less than two inches. The oil interceptor shall be provided with an
overflow line to a waste oil tank, Underwriters' Laboratories approved,
of adequate size, minimum capacity 550 gallons, and such tank shall
be vented with a minimum one-and-one-half (1 1/2) inch vent terminating
in the open air or an approved location at least 12 feet above grade
and with a two-inch pump out opening at grade.
2.
Design.
(a)
Oil interceptors shall have a depth of not less than two feet
below the invert of the discharge drain. The outlet opening of the
interceptor shall have not less than an 18 inch water seal.
(b)
Motor vehicle garages. On each floor of garage where not more
than three motor vehicles are served and stored, interceptors shall
have a minimum capacity of six cubic feet, and one cubic foot capacity
shall be added for each vehicle up to 10 vehicles. Above 10 vehicles
the Borough official shall determine the size of the interceptors
required.
(c)
Service stations and repair shops. Where vehicles are serviced
only and not stored, interceptor capacity shall be based on a net
capacity of one cubic foot for each 100 square feet of surface to
be drained into the interceptor with a minimum of six cubic feet.
3.
Vapor Venting. Oil interceptors shall have a minimum size two inch
vapor vent extending from the top of the interceptor and terminating
in the open air at an approved location at least 12 feet above grade.
4.
Combination Oil-and-sand Interceptor. A combination oil-and-sand
interceptor may be installed when the design is approved in writing
by the Borough official.
d.
Sand Interceptors.
1.
Where Required.
(a)
Wherever a floor drain discharges through an oil interceptor,
it shall first discharge through a sand interceptor. Multiple floor
drains may discharge into one sand interceptor.
(b)
When the discharge of a floor drain may contain solids or semisolids
that would be harmful to a drainage system or tend to obstruct the
system, the discharge shall be through a sand interceptor.
2.
Construction and Size.
(a)
Sand interceptors shall be built of brick or concrete and be
watertight. The interceptor shall have an interior baffle for the
full separation of the interceptor into two sections. The outlet pipe
shall be the same size as the inlet size of the oil interceptor, the
minimum being three inches, and the baffle shall have two openings
of the same diameter as the outlet pipe and at the same invert as
the outlet pipe. These openings shall be staggered so that there cannot
be a straight line of flow between any inlet pipe and the outlet pipe.
The invert of the inlet pipes shall be no lower than the invert of
the outlet pipe.
(b)
The same interceptor shall have a minimum dimension of two feet
square for the net free opening of the inlet section and a minimum
depth under the invert of the outlet pipe of two feet.
(c)
For each five gallons per minute flow or fraction thereof over
20 gallons per minute, the area of the sand interceptor inlet sections
is to be increased by one square foot. The outlet section shall at
all times have a minimum area of 50% of the inlet section.
(d)
The outlet section must be covered by a solid removable cover
set flush with the finished floor, and the inlet section shall have
an open grating set flush with the finished floor and suitable for
the traffic in which it is located.
3.
Separate Use. When a sand interceptor is used by itself without also
discharging through an oil interceptor, the outlet pipe must be turned
down inside the interceptor under the water level to provide a six
inch water seal. A cleanout shall be installed to provide access to
the outlet line.
4.
Alternate Design. Alternate designs for construction or baffling
of sand interceptors complying with the intent of this chapter may
be submitted to the Borough official for approval.
e.
Special Use Installations.
1.
Laundries. Commercial laundries shall be equipped with an interceptor
having a wire basket or similar device, removable for cleaning, that
will prevent passage into the drainage system of solids 1/2 inch or
larger in size, string, rags, buttons or other materials detrimental
to the public sewerage system.
2.
Bottling Establishments. Bottling plants shall discharge their process
wastes into an interceptor which will provide for the separation of
broken glass or other solids before discharging liquid wastes into
the drainage system.
