[Ord. 3/12/74, § 101; Ord. 1/13/87, § 101]
This chapter shall be known as the "Zoning Ordinance of the
Borough of South Bound Brook."
[Ord. 3/12/74, § 102; Ord. 1/13/87, § 102]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals and general welfare. The provisions
of this chapter are intended to achieve the following goals and objectives:
a.
To regulate the density of population and to conserve the value of
property and encourage the most appropriate use of land throughout
the Borough;
b.
To avoid undue concentration of population by regulating and limiting
the use of land, the height and bulk of buildings wherever erected;
c.
To allow for the expansion of the Borough's economic and tax bases;
d.
To provide the opportunity for a variety of housing types;
e.
To preserve environmentally sensitive lands;
f.
To provide additional areas of open space and recreation for existing
and future residents of the Borough;
g.
To limit and determine the size of yards, courts and other open spaces;
h.
To lessen congestion on Borough roads and promote convenient and
efficient circulation patterns;
i.
To secure safety from fire and other dangers;
j.
To provide for adequate light, air and convenience of access;
k.
To promote the utilization of solar energy systems in order to maximize
the utilization of a safe and available energy source; and
l.
To promote the purpose of the State of New Jersey Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
[Ord. 3/12/74, § 103; Ord. 1/13/87, § 102]
The provisions and requirements of this chapter shall be held
paramount to any corresponding or similar but less restrictive provisions
and requirements of any existing law, ordinance, rule regulation,
deed restriction or private covenant affecting lands and premises
in the Borough.
[Ord. 3/12/74, § 201; Ord. 1/13/87, § 201; Ord. No. 2005-03 § 3]
For the purpose of this chapter, the Borough of South Bound
Brook is hereby divided into eight Zone Districts known as:
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R-1
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Single Family Residence District
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R-2
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Single Family Residence District
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R-3
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Single and Two-Family Residential District
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R-4
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Garden Apartment Residence District
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O-R
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Office-Residential District
|
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B
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Business District
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LI
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Light Industrial District
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I
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Industrial District
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BC-CDO
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Borough Center Civic Design Overlay District
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HD-CDO
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Historic Dublin Civic Design Overlay District
|
[Ord. 3/12/74, § 202; Ord. 1/13/87, § 202]
The Zone Map delineating the above Districts and the Schedule
of Requirements summarizing the required conditions for each District
printed thereon are hereby declared to be a part of this chapter.
The Zone District boundary lines are intended generally to follow
street center lines, existing lot lines, center lines of railroad
rights-of-way, and the like, as indicated on the Zone Map. Where a
Zone District boundary line does not coincide with any such line as
above set forth, its location or relation to another boundary line
is indicated on the Zone Map by means of figures expressing distance
in feet from a street sideline or other boundary line. In cases of
uncertainty or disagreement as to the true location of any Zone District
boundary line, the determination thereof shall lie with the Board
of Adjustment, in accordance with N.J.S.A. 40:55-39(b).
[Ord. 3/12/74, §§ 301—334; Ord. 1/13/87, §§ 301—339]
As used in this chapter:
Shall mean a building or structure, on the same lot with
and subordinate to a principal building, occupied and devoted exclusively
to an accessory use. Where an accessory building is attached to a
principal building by a breezeway, roof or the like, such accessory
building shall be considered part of the principal building.
Shall mean a use naturally and normally incident and subordinate
to the principal and primary use upon any premises.
Shall mean an establishment or business having as a predominant
part of its stock in trade, books, magazines, periodicals, photographs,
pictures, films, devices, which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas," and
limited in sale of such sexual matters to adults.
Shall mean any building structure, lot, or land in or upon
which motor vehicle painting and/or body work is pursued.
Shall mean any change in the supporting members of a building,
such as bearing walls, columns, beams, girders, interior partitions,
as well as any change in doors or windows, or any addition to or diminution
of a building. A change of use is a change from the use permitted
in one Zone District to use permitted in another Zone District, any
removal of a building from one location to another, or the conversion
of any building, or any part thereof, from a use permitted in one
Zone District to a use permitted in another Zone District.
Shall mean the open, nonhabitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
Shall mean an interior space, or a portion of an interior
space, having a floor level below the lowest outside elevation of
ground at the foundation wall of the structure in which it is contained.
Shall mean an area within a property or site generally adjacent
to and parallel with the property line. "Buffer areas" shall be provided
at a width specified by municipal ordinance and shall in no case be
less than twenty (20') feet in width when the subject site borders
a Commercial or Industrial Zone. "Buffer areas" shall be located completely
within the applicant's property and consist of either natural existing
vegetation or the combined use of trees, shrubs, berms, fences, or
walls designed to continuously limit view of the site from adjacent
sites or properties. Plantings shall consist of massed evergreen and
deciduous trees and shrubs, planted and maintained in such a fashion
that they will produce within two growing seasons a continuous visual
screen at least six (6') feet in height. The quantity of natural screening
existing on the property shall be taken into consideration upon evaluation
of the site plan. No other above ground construction or use shall
be allowed within the boundaries of a buffer area except as to provide
access to the property via a vehicle driveway or pedestrian sidewalk.
Shall mean any licensed person or entity that grows, cultivates,
or produces adult-use cannabis in this State, and sells, and may transport,
this cannabis to other Cannabis Cultivators, or usable cannabis to
Cannabis Manufacturers, Cannabis Wholesalers, or Cannabis Retailers,
but not to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean any licensed person or entity that provides courier
services for consumer purchases of cannabis items and related supplies
fulfilled by a Cannabis Retailer in order to make deliveries of cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the Cannabis Delivery Service, which after presenting the
purchase order to the Cannabis Retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean any licensed person or entity that transports
cannabis in bulk intrastate from one licensed Cannabis Cultivator
to another licensed Cannabis Cultivator, or transports cannabis items
in bulk intrastate from any one class of licensed Cannabis Establishment
to another class of licensed Cannabis Establishment and may engage
in the temporary storage of cannabis or cannabis items as necessary
to carry out transportation activities. This person or entity shall
hold a Class 4 Cannabis Distributor license.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean a Cannabis Cultivator, Cannabis Manufacturer,
Cannabis Wholesaler, or Cannabis Retailer.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean any license issued under relevant State law, including
a license that is designated as either a:
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean "the drying, processing, compounding, or conversion
of usable cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean any licensed person or entity that processes cannabis
items in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing and packaging cannabis items, and selling,
and optionally transporting, these items to other Cannabis Manufacturers,
Cannabis Wholesalers, or Cannabis Retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean any State-regulated cannabis retailer, who is
a licensed person or entity that purchases or otherwise obtains usable
cannabis from Cannabis Cultivators and Cannabis items from Cannabis
Manufacturers or Cannabis Wholesalers, and sells these to consumers
from a retail store, and may use a Cannabis Delivery Service or a
certified cannabis handler for the off-premises delivery of cannabis
items and related supplies to consumers. A Cannabis Retailer shall
also accept consumer purchases to be fulfilled from its retail store
that are presented by a Cannabis Delivery Service which will be delivered
by the Cannabis Delivery Service to that consumer. This person or
entity shall possess prior to commencing operations one of the classes
of permit or permit endorsement issued by the State of New Jersey
that authorizes the dispensation, sale, or distribution of cannabis
or cannabis-derived or infused products and/or related clinical research,
provided that such facility shall not cultivate, manufacture, process,
or wholesale cannabis or cannabis products from such facility. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean any licensed person or entity that purchases or
otherwise obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another Cannabis Wholesaler or to a Cannabis Retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
[Added 7-13-2021 by Ord.
No. 2021-006]
Shall mean ownership of two or more contiguous lots of real
property by one person or by two persons owning such property in the
same form of joint ownership.
Shall mean a permanent building or portion thereof providing
sleeping room(s), bathroom(s) and kitchen facilities for the use of
one or more persons. "Dwelling units" - shall be differentiated one
from the other as follows:
DWELLING, SINGLE-FAMILYShall mean a detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILYShall mean a building designed for or occupied exclusively by two families living independently of each other.
DWELLING, MULTIFAMILYShall mean a building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses but not including motels.
Shall mean up to three persons unrelated by blood, marriage
or adoption or any number of individuals related by blood, marriage
or adoption living privately together as a single housekeeping unit
and using certain rooms and cooking facilities in common.
Shall mean the aggregate area of all floors in a building
enclosed by an exterior wall, excluding, however, attic and basement
floors, open porches, breezeways and garages, provided however, any
basement area in any Nonresidential Zone that is used for sales or
display and is open to the public shall be construed as floor area.
Shall mean a building or group of buildings situated on one
lot and containing separate dwelling units for no less than four nor
more than 12 dwelling units per structure.
Shall mean the distance from the highest roof point to the
average elevation of the ground level at the foundation wall of the
building.
Shall mean nonprofit institutions limited to churches, church-owned
cemeteries, public or private schools covering grades kindergarten
through grade 12, hospitals for humans, municipally-owned or operated
buildings or structures used for public purposes.
Shall mean a parcel of land, the location, dimensions and
boundaries of which are set forth on the latest Borough Tax Map. Despite
what may be disclosed on the current Borough Tax Map, however, if
contiguous lots are in common ownership and are either:
Lots which are not approved pursuant to South Bound Brook's
1954 Subdivision Ordinance or any amendments thereto;
Lots which are substandard and fail to meet the minimum lot
size requirements of the Zone in which they fall then, for the purposes
of administering and enforcing this chapter, the lots shall be construed
to be one lot.
CORNER LOTShall mean a lot at the junction of and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
LOT DEPTHShall mean the mean distance between the front and rear property lines of any lot.
LOT WIDTHShall mean the shortest straight line distance between the two sidelines of any lot. If a lot shall not have parallel sidelines, the average of such widths taken at ten (10') foot intervals and parallel to the front street sideline throughout the depth of the lot shall constitute the average width of the lot.
LOT AREAShall mean the total square unit contents of any lot as measured within the lot lines.
LOT FRONTAGEShall mean, in the case of a lot running through from one street to another, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the owner may, when applying for a Building Permit, specify on his permit application which lot line shall be considered the front lot line.
Shall mean any use by the Borough of South Bound Brook of
any property owned or leased by it.
Shall mean a use which is being lawfully exercised within
a structure or on land at the time of the adoption of this chapter,
or any amendment thereto, and which does not conform with the regulations
and requirements of the Zone District in which it is located after
the adoption of this chapter or any such amendment.
Shall mean those zones set forth in subsection 34-3.1 of this chapter known as the B and I Zone Districts.
Shall mean any dwelling unit, if one or more persons or a
family customarily reside in the dwelling unit overnight. In nonresidential
buildings, the installation, storage or use of equipment, merchandise
or machinery in any commercial, public or industrial building - Shall
be construed as constituting occupancy of the building.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment of owners and occupants of land adjoining
or neighboring such open space, provided that such areas may be improved
with only those buildings, structures, streets and off-street parking
and other improvements that are designed to be incidental to the natural
openness of the land.
Shall mean an open area other than a street or other public
road or way used for the parking of motor vehicles, including access
drives or aisles for ingress or egress thereto and therefrom.
Shall mean a rectangular space nine (9') feet wide and twenty
(20') feet long used for an accommodation for off-street motor vehicle
parking which - shall have an area of not less than 180 square feet
per vehicle, exclusive of access drives or aisles. All parking spaces
- shall be provided with adequate means of ingress and egress which
- shall be kept open and unobstructed at all times and which - shall
be designed to provide surface driveways or aisles to meet the following
minimum standards:
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Longitudinal (end to end) parking
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12 foot widths
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30 degree angle parking
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11 foot widths
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45 degree angle parking
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13 foot widths
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60 degree angle parking
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18 foot widths
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90 degree angle parking
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24 foot widths
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Shall mean and include any person, individual, business entity,
partnership, association, corporation, company or organization of
any kind or nature.
Shall mean the primary or predominant use of any lot. A principal
structure is one devoted to the principal use.
Shall mean a detached accessory building, or a portion of
a principal building, used primarily for the storage of motor vehicles
owned or used by the occupant of the principal building to which the
garage is an accessory.
Shall mean any artificially constructed basin or other structure
for the holding of water for use by the possessor, his family or guests,
for swimming, diving and other aquatic sports and recreation. The
term "swimming pool" does not include any plastic, canvas or rubber
pool temporarily erected upon the ground capable of holding not more
than 500 gallons of water.
Shall mean any building, structure, lot or land in or upon
which a business, service or industry involving the fueling, storage,
maintenance, washing or servicing and storage in connection therewith,
of motor vehicles is maintained, conducted, operated or rendered.
Shall mean an open space area conveyed or otherwise dedicated
to a public body for recreational or conservational uses.
Shall mean telephone and electric lines, poles, equipment
and structures, water or gas pipes, mains, valves or structures, or
sewer pipes, valves or structures, maintained, operated and conducted
for the service, convenience, necessity, health and welfare of the
general public, whether owned by any arm or creature of the local,
State or Federal government or by any privately owned public utility
corporation.
Shall mean those zones set forth in subsection 34-3.1 of this chapter and known as the R-1, R-2, R-3, R-4, and O-R Zone Districts.
Shall mean a building or structure designed for and lawfully
accommodating only one family.
Shall mean ownership of a single lot without any abutting
property owned by the owner of said lot in which the ownership is
by one person, or jointly by two or more persons, whether as joint
tenants, tenants by the entirety, or tenants in common.
Shall mean and include any device, freestanding or attached
to a building or structure, or erected, painted, represented or reproduced
upon or in any building or structure, which displays, reproduces or
includes any letter, word, name, number, model, insignia, design,
device or representation used for one or more of the following purposes:
To identify the premises or occupant or owner of the premises; to
advertise any trade, business, profession, industry, service or other
activity; to advertise any product or item; to advertise the sale
or rental or use of all or any part of any premises, including that
upon which it is displayed; to direct vehicular or pedestrian traffic
other than State, County or municipal highway and roadway markers;
and shall include any announcement, declaration, demonstration, display,
illustration or any representation used to advertise or intended to
advertise or promote the interests of any person.
Shall mean that portion of a building included between the
surface of any one floor, exclusive of any basement, and the surface
of the floor next above it, or if there is no floor above it, then
that portion of the building included between the surface of any floor
and the ceiling next above it.
Shall mean the outermost line of the whole area devoted to
street purposes on either side thereof. "Street sideline" is synonymous
with street right-of-way line.
Shall mean an object consisting of one or more fabricated
or natural materials which is constructed, erected or placed below,
upon or above ground level and shall include any building, edifice,
construction or piece of work, or any part thereof, or any combination
of related parts, including an object attached thereto.
Shall mean, in the construction of this chapter, that the
present tense shall include the future, the singular number shall
include the plural, and the plural the singular. The word "shall"
is always used in its mandatory and not its permissive sense. The
words "Zone" and "District" are synonymous, and the words "building"
and "structure" are synonymous. The word "used" shall include the
words "arranged, designed, or intended to be used."
Shall mean establishments or places of business primarily
engaged in selling merchandise to other businesses, including retailers,
industrial, commercial, institutional, or professional business users,
other wholesalers, or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
[Added 7-13-2021 by Ord. No. 2021-006]
Shall mean:
FRONT YARDShall mean an open, unoccupied space (unless occupied by a use hereinafter specifically permitted) extending across the full width of any lot and lying between the front street sideline and the nearest lines of any building on the lot; provided, however, that where there is a proposed widening of the right-of-way of any street as shown on the Master Plan of the Borough, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on the Master Plan rather than from the existing front street sideline. No steps shall extend into any street right-of-way in any Zone District. Front steps extending not more than sixty (60") inches from the front line of any building and within the required front yard shall not be construed as part of the building unless the top step or platform is fully enclosed.
REAR YARDShall mean an open, unoccupied space (unless occupied by an accessory building or use hereinafter specifically permitted) extending across the full width of any lot between the rear line of any principal building thereon and the rear lot line of said lot.
SIDE YARDShall mean an open, unoccupied space (unless occupied by a use hereinafter specifically permitted) extending from the rear front yard line to the front rear yard line of any lot between either side lot line and the sideline of the principal building nearest thereto.
[Ord. 3/12/74, § 401; Ord. 1/13/87, § 401]
No land or premises may be used and no building or structure
may be erected, razed, 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 all uses and construction shall be in conformity with
the regulation provided for the Zone District in which such land,
premises, building or structure is located.
[Ord. 3/12/74, § 402; Ord. 1/13/87, § 402]
No Building Permit or Zoning Permit and no Certificate of Occupancy shall be issued by the Construction Official for any use other than a one or two family residence except upon application therefor in conformity with all the provisions of Section 34-15 of this chapter. No sign erection permit shall be issued by the Construction Official except upon application therefor in conformity with the terms of Section 34-14 of this chapter.
[Ord. 3/12/74, § 403; Ord. 1/13/87, § 403]
Whenever a new lot or lots is, or are, formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to violate any of the requirements of this chapter and shall be in accordance with Chapter 31, Land Development Regulations.
[Ord. 3/12/74, § 404; Ord. 1/13/87, § 404]
a.
There shall be provided for every lot front, rear and side yards
as required in the Zone District in which the lot is located.
b.
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, provided, however, that on streets less than fifty
(50') feet in width, the required front yard shall be increased by
1/2 the difference between the width of the street and fifty (50')
feet, and, provided further, that any lot which abuts a street with
a proposed right-of-way greater than fifty (50') feet in width as
shown on the Master Plan for streets of the Borough of South Bound
Brook, adopted pursuant to N.J.R.S. 40:55-1.10 shall have a front
yard setback measured from the nearest line of the proposed building
or structure to the proposed right-of-way line shown on the Master
Plan.
c.
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 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 requirements of any other
building.
[Ord. 3/12/74, § 405; Ord. 1/13/87, § 405]
No accessory building or structure shall be built on any lot
on which there is not a principal building or structure.
a.
The following requirements shall be met in all Residential Zones:
1.
No accessory building or structure shall have a ground area greater
than the ground area of the principal building or structure on the
same lot.
2.
No accessory building or structure shall exceed the height of the
principal building or structure or sixteen (16') feet, whichever results
in the lesser height.
3.
No accessory building or structure shall be permitted in any front
yard.
4.
All accessory buildings shall be located at least ten (10') feet
from any principal building situated on the same lot.
5.
Accessory buildings may be built within any side yard if the distance
from any accessory building to the sideline of the lot is equal to
or greater than the required side yard setback for the principal building
on the lot, provided however, accessory buildings built on corner
lots must comply with subparagraph 7 below.
6.
Accessory buildings built in any rear yard shall not be closer than
three (3') feet from any side or rear property line of the lot containing
the accessory building.
7.
Accessory buildings on corner lots shall not be erected nearer to
any street sideline than the front yard setback required on the lot
adjacent to the rear lot line of the lot upon which the accessory
building is located.
b.
The following requirements shall be met in all Nonresidential Zones.
1.
No accessory buildings shall have a ground area greater than the
ground area of the principal building on the same lot.
2.
No accessory building or structure shall exceed the height of the
principal building or structure.
3.
No accessory building shall be permitted in any front yard.
4.
No accessory building shall be closer to the principal building on
the lot on which it is located than ten (10') feet or the height of
the accessory building, whichever is greater.
5.
Accessory buildings may be built within any side yard if the distance
from the accessory building to the sideline of the lot is equal to
or greater than the required side yard setback for the principal building
on the lot.
6.
Accessory buildings built in any rear yard shall not be closer than
three (3') feet from the rear property line of the lot containing
the accessory building.
[Ord. 3/12/74, § 406; Ord. 1/13/87, § 406]
a.
No lot shall contain more than one principal building or structure
except as permitted and regulated in the R-4 and R-5 Zone Districts.
[Ord. 3/12/74, § 407; Ord. 1/13/87, § 407]
No lot, yard, parking area or other open space shall be so reduced
in area or dimension as to make it less than the minimum required
under this chapter. No lot, yard, parking area or other open space
which is already less than the minimum required under this chapter
shall be further reduced in area or dimension.
[Ord. 3/12/74, § 408; Ord. 1/13/87, § 408]
Garaging as an accessory use for not more than three motor vehicles
may be erected on a single lot in any Residential Zone District. Not
more than one boat, house trailer, other trailer, or truck with a
maximum weight carrying capacity of one and one-half (1 1/2)
ton pickup or panel delivery owned or used by a resident on the lot,
may be garaged on the lot, provided, however, that the boat, house
trailer, other trailer, or truck shall be kept in an enclosed garage
when on the lot.
[Ord. 3/12/74, § 411; Ord. 1/13/87, § 411]
All corner lots shall meet the front yard requirements for the
front yard and 75% of the front yard requirements for the side yard
abutting the side street. For the purpose of administering this subsection
the side of the lot having the least amount of street frontage shall
be construed as the front of the lot.
[Ord. 3/12/74, § 412; Ord. 1/13/87, § 412]
The control and regulation of the uses of buildings and structures
by this chapter shall apply equally to the nature and extent of the
uses of the lot or lots upon which they are erected.
[Ord. 3/12/74, § 413; Ord. 1/13/87, § 413]
a.
Outdoor storage of any kind or nature, except storage of those items
customarily used in conjunction with a residential occupancy, is prohibited
in all Residential Zones.
b.
In all Nonresidential Zones, outdoor storage is only permitted in
the side and rear yards as herein regulated. No article, equipment,
vehicle, supplies or materials shall be kept, stored or displayed
outside the confines of any building unless and until the same is
screened by special planting or fencing, as approved by the Planning
Board, and maintained in good condition, so that it shall not be visible
from any adjacent property or public street, provided, however:
c.
Where otherwise permitted by this chapter, the display, condition
for retail sales, of new and used motor vehicles as a permitted accessory
use in the Nonresidential Zone District shall not be required to be
screened by a planting or fence.
[Ord. 3/12/74, § 414; Ord. 1/13/87, § 414]
All trees adjoining street sidelines in all Zones shall have
their branches trimmed at all times to insure unobstructed vision
eight (8') feet above street pavement level. On any corner lot in
any Residential Zone, no fence, planting or shrubbery over thirty
(30") inches in height above the level of the pavement at the center
of the street opposite the point in question, shall be erected or
maintained within twenty-five (25') feet of the intersection formed
by the projections of the two street sidelines at the corner.
[Ord. 3/12/74, § 415; Ord. 1/13/87, § 415]
No fence, hedge, shrubbery or planting on any lot in any Residential
Zone shall be permitted within three (3') feet from any street sideline.
The branches of all trees projecting beyond any such street sideline
must be trimmed at all times to insure unobstructed vision and clearance
eight (8') feet above ground or sidewalk level. Grass lawn or ground
cover is permitted to extend to the traveled roadway.
[Ord. 3/12/74, § 416; Ord. 1/13/87, § 416]
The conversion of existing structures to a use permitted in
the Zone District in which the structure is located is equally subject
to the same regulations as are new structures to be constructed in
the Zone District.
[Ord. 3/12/74, § 417; Ord. 1/13/87, § 417]
No driveway shall be permitted to serve any use other than the
permitted use on the lot upon which the driveway is located.
[Ord. 3/12/74, § 418; Ord. 1/13/87, § 418]
The combined use of residential and business or industrial within
one structure is prohibited unless as hereinafter specifically permitted.
[Ord. 3/12/74, § 419; Ord. 1/13/87, § 419]
Any institutional use, municipal use or public utility facility may be located in each of the Zone Districts created by this chapter. Before any Building Permit or Certificates of Occupancy may be issued for any such use in any Residential Zone District, however, a site plan shall be submitted to and approved by the Planning Board as required in Section 34-12 of this chapter. Any use permitted under this subsection shall meet all yard, height and area requirements for the Zone District in which it is located and off-street parking and landscaping requirements shall be met as required by Section 34-13 of this chapter, except as set forth in subsection 34-6.19 of this chapter. Nothing contained herein shall be construed to permit business offices, storage yards or buildings generating plants or telephone exchange buildings in any Residential Zone.
[Ord. 3/12/74, § 420; Ord. 1/13/87, § 420]
No sign shall hereafter be permitted in the Borough unless it shall comply with the requirements of Section 34-14 of this chapter.
[Ord. 3/12/74, § 421; Ord. 1/13/87, § 421]
The height limitations required in each Zone District shall
not apply to church steeples. Church buildings, public school buildings
and structures, masts, flagpoles, residence receiving antennas, solar
energy devices, or any municipally owned, leased or operated buildings,
structure or use shall not exceed forty-five (45') feet in height
above the average elevation of the ground at the foundation of the
structure.
[Ord. 3/12/74, § 422; Ord. 1/13/87, § 422]
No permit is required for the construction of any fence or wall which is four (4') feet or less in height. Any fence or wall which exceeds four (4') feet in height and is more than 10% solid shall be set back from any property line a distance of at least one (1') foot unless the fence or wall is required to screen off-street parking areas as required in Section 34-13 of this chapter. No fence or wall shall exceed six (6') feet in height provided, however, necessary retaining walls may exceed six (6') feet in height after a site plan has been reviewed and approved by the Borough Planning Board. Fencing enclosures of public utilities are exempted from the regulations of this subsection.
[Ord. 3/12/74, § 423; Ord. 1/13/87, § 423]
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 project not to exceed two (2') feet over any
required yard or court.
b.
Sills, leaders, belt courses and similar ornamental or structural
features may project six (6") inches into any required yard or court.
An open fire balcony or fire escape may project into a required yard
not more than four (4') feet.
c.
Ground story bay windows may project not more than three (3') feet
into any required front yard, side yard or rear yard in the R-1, R-2
and R-3 Zones.
[Ord. 3/12/74, § 424; Ord. 1/13/87, § 424]
No curb cut shall be permitted in any Nonresidential Zone which
is nearer than twenty-five (25') feet to intersecting right-of-way
lines on any corner lot.
[Ord. 3/12/74, § 501; Ord. 1/13/87, § 501]
Public garages and gasoline service stations are permitted in
the "B" Zone Districts as conditional uses. No permit for any public
garage or gasoline service station shall be issued unless and until
all the requirements of this section are met.
[Ord. 3/12/74, § 502; Ord. 1/13/87, § 502]
Any person desiring to use any premises or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a public garage or gasoline service station shall make application therefor in writing to the Construction Official of the Borough, who shall forthwith forward the application to the Planning Board for site plan review as required in Section 34-12 of this chapter. The application and supporting papers or documents shall set forth the following information:
a.
A site plan, drawn to scale, showing the location of the premises
and of the building or buildings thereon and the building or buildings
to be erected or constructed thereon, the street entrances and exits
or driveways, and the precise locations of all tanks, pumps, lifts
and other machinery and equipment appurtenant thereto;
b.
The width of the street or streets and of the sidewalk, parkway and
paved areas thereon upon which the premises may abut;
c.
The location, nature of construction and present use of all buildings
within three hundred (300') feet of the lot lines of the premises
for which the application has been filed; and
d.
If the applicant is a person other than the owner of the premises,
the written consent of the owner or owners authorizing the filing
of the application.
[Ord. 3/12/74, § 503; Ord. 1/13/87, § 503]
The nearest lot line of the lot or parcel of land to be used
as a public garage or gasoline service station 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 100 persons, or used as a church, hospital for humans, college,
school, public library, or institution for dependents or children,
or any public playground or athletic field.
[Ord. 3/12/74, § 504; Ord. 1/13/87, § 504]
No part of any public garage or gasoline service station, wherever
located, shall be used for any other purpose.
[Ord. 3/12/74, § 505; Ord. 1/13/87, § 505]
No part of any public garage or gasoline service station, nor
any driveway entrance or exit to or from the same, shall be located
within three hundred (300') feet of any lot line of any lot upon which
is located any other public garage or gasoline service station.
[Ord. 3/12/74, § 506; Ord. 1/13/87, § 506]
The minimum lot size for any lot upon which any public garage
or gasoline service station is located shall be 10,000 square feet
and the minimum street frontage of the 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.
[Ord. 3/12/74, § 507; Ord. 1/13/87, § 507]
Entrance and exit driveways to and from any lot upon which is
located a public garage or gasoline service station shall have an
unrestricted width of not less than sixteen (16') feet or more than
thirty (30') feet, shall be located not nearer than ten (10') feet
from any lot line 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.
[Ord. 3/12/74, § 508; Ord. 1/13/87, § 508]
The area of all driveways and other areas over which motor vehicles
are intended to be driven or parked on any lot upon which is located
a public garage or gasoline service station shall be paved with a
bituminous or concrete surface sufficient to meet Borough paving specifications
applicable to streets and roadways.
[Ord. 3/12/74, § 509; Ord. 1/13/87, § 509]
On any premises upon which a public garage or gasoline service station 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 subsection 34-6.11 of this chapter.
[Ord. 3/12/74, § 510; Ord. 1/13/87, § 510]
No part of any building used as a public garage or gasoline
service station and no filling 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 (10') foot free area required hereunder shall at all times
be kept free, open and unobstructed for the purposes of ready access
by emergency fire and police vehicles.
[Ord. 3/12/74, § 511; Ord. 1/13/87, § 511]
At any public garage or gasoline service station, storage facilities
for gasoline, oil or other flammable materials in bulk over 75 gallons
shall be located wholly underground and no nearer than thirty (35')
feet from 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 fifteen (15') feet
of any street side line and no gasoline pump shall be located or permitted
within any enclosed or semi-enclosed building.
[Ord. 3/12/74, § 512; Ord. 1/13/87, § 512]
No permit for the alteration or expansion of any existing public
garage or gasoline service station shall be issued except upon compliance
by the applicant with all the provisions of this section.
[Ord. No. 2008-09]
Outdoor areas for consumption of food or beverages may be established
only where accessory to a principal eating or drinking establishment.
Such areas shall therefore be limited to seating areas with or without
service. Seating shall not exceed 30% of the indoor seating and not
occupy more than 30% of the indoor seating area.
[Ord. No. 2008-09]
Outdoor consumption shall be confined to designated areas which
shall be physically delineated with ropes, low fences or other features.
Temporary delineation devices shall be situated on permanent surface
markings visible to inspection.
[Ord. No. 2008-09]
Due to the inherent inability to completely mitigate potential
nuisance impacts, activity shall be limited to quiet dining. There
shall be no live entertainment, music amplified above a conversational
level, or video entertainment. Alcoholic beverages may be served or
consumed only with meals. Outdoor areas shall not be open outside
the hours of 7 a.m. to 10 p.m. All preparation and storage facilities
shall be indoors.
[Ord. No. 2008-09]
The location, layout, design furnishing and operation of designated
consumption areas shall mitigate any and all potential disturbance
to occupants of R-2 residential dwellings. Appropriate screening shall
be provided to limit noise and views with special attention to overhead
screening which can be addressed with arbors or lattice ceilings.
Electrical illumination shall be subdued and indirect. No signage
shall be visible off-premises.
[Ord. No. 2008-09]
The design and operation of designated areas shall not be detrimental
to public health, safety, morals or the general welfare. There shall
be no obstruction of hydrants, fire sprinkler equipment, or fire exits
and adequate egress shall be subject to approval by fire officials.
There shall be no obstruction or walks, parking areas or utilities.
[Ord. No. 2008-09]
Designated areas shall be expressly subject to the character
consistency provisions of this Code. Furniture shall remain in a set-up
condition and may not be stacked for storage. Control and off-premises
clean up practices shall be sufficient to prevent off-site litter.
[Ord. No. 2008-09]
Use of public sidewalk areas shall be subject to licensing by the Borough Council pursuant to Article IX. Such license applications shall include evidence of Conditional Use Authorization, Site Plan Approval with an express finding of Character Consistency and conformance with the Civic Design Performance Standards of this Chapter. The width of public walks shall be adequate for pedestrian traffic volumes and, in no case, be reduced by more than 50% or to less than five feet.
[Added 7-13-2021 by Ord.
No. 2021-006]
The regulations of this section are subject to the enabling
authority of the State of New Jersey and are subject to compliance
with all statutes and/or regulations adopted by the State of New Jersey
or its instrumentalities. If any provision of this section is inconsistent
with the statutes and/or regulations of the State of New Jersey, the
State statutes and/or regulations shall prevail.
[Added 7-13-2021 by Ord.
No. 2021-006]
Class 5 Cannabis Retailer, and Class 6 Cannabis Delivery Service,
shall be permitted in all B Business District Zones, pursuant to this
chapter, only if the following requirements are complied with:
a.
The number of Class 5 Cannabis Retailer, and/or Class 6 Cannabis
Delivery Service licenses that shall be permitted in the Borough of
South Bound Brook is limited to two. At no time shall the total number
of cannabis licenses (either Class 5, Class 6 or a combination of
both classes) in the Borough be greater than two.
b.
Permitted uses shall, at all times, comply with the terms and conditions
of the licensee's cannabis establishment license for permits
or licenses issued by the State of New Jersey and the Borough of South
Bound Brook.
d.
Sales to Certain Persons. Class 5 Cannabis Retailer and/or Class
6 Cannabis Delivery Service establishments shall submit an identification
plan for review to Borough of South Bound Brook detailing all measures
taken to ensure compliance that patrons are at least 21 years of age.
e.
Identification Plan. Class 5 Cannabis Retailer and/or Class 6 Cannabis
Delivery Service establishments shall submit an identification plan
for review to Borough of South Bound Brook detailing all measures
taken to ensure compliance that patrons are at least 21 years of age.
f.
Odor Control. The Class 5 Cannabis Retailer and/or Class 6 Cannabis
Delivery Service facility shall provide an air treatment system with
sufficient odor absorbing ventilation and exhaust systems such that
any odor generated inside the facility is not detectable by a person
of reasonable sensitivity at the property line of the subject property.
Odor from the facility shall be monitored on an annual basis at the
discretion of Borough of South Bound Brook by a licensed, qualified
contractor chosen by Borough of South Bound Brook at a cost that should
be paid for by the property owner.
g.
Noise. Outside generators and other mechanical equipment used for
any kind of power supply, cooling, or ventilation shall be enclosed
and have appropriate baffles, mufflers, and/or other noise reduction
systems to mitigate noise pollution.
h.
Security. Class 5 Cannabis Retailer and/or Class 6 Cannabis Delivery
Service establishments shall submit a security plan for review to
the Borough of South Bound Brook detailing all security measures taken
to ensure community safety and to eliminate unauthorized access to
the premises.
j.
State and Local Licenses. The facility must have a valid license
to operate from the State of New Jersey. Prior to the operation of
any cannabis establishment, a permit or license must be obtained from
the State of New Jersey and from the Borough of South Bound Brook
for the applicable type(s) of cannabis establishment. No cannabis
establishment shall be permitted to operate without State and municipal
permits or licenses.
k.
The Borough of South Bound Brook may establish policies and procedures
for the application process for a local license, including fees and
evaluation criteria.
[Ord. 3/12/74, § 601; Ord. 1/13/87, § 601]
Any nonconforming use or structure which lawfully existed at
the time of the passage of this chapter[1] may be continued and any such existing nonconforming building
or structure may be reconstructed or structurally altered provided
it shall meet the requirements of this section.
[1]
Editor's Note: The Zoning Ordinance was adopted on March 12,
1974. The Zoning Ordinance was revised by an Ordinance adopted on
January 13, 1987.
[Ord. 3/12/74, § 602; Ord. 1/13/87, § 602]
Nonconforming uses or structures in all Zone Districts shall
conform to the following requirements:
a.
Any structure or use of land which is nonconforming because of use
shall not be enlarged or extended in any manner whatsoever.
b.
There shall be no structural alterations made to any nonconforming
building or structure that is nonconforming because of use. Structural
alterations may be made in a building which is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this chapter, so long as the structural
alteration does not extend or enlarge the nonconformance. This shall
be construed to mean the structural alteration shall comply with all
use, height, yards, off-street parking requirements, and all other
provisions of this chapter.
c.
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use, but nothing hereinbefore
stated shall prevent the strengthening or restoring to a safe and
lawful condition of any part of any building declared unsafe by the
Construction Official, the Chief of the Borough Fire Department or
the Borough Engineer.
d.
In the event that there shall be cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandonment of nonconforming use (the provisions of subsection 34-11.1 notwithstanding) shall be deemed a violation of the terms of this chapter.
e.
Nothing in this chapter shall require any change in plans, construction
or designated use of a structure or building for which a Building
Permit has been heretofore validly issued or if a variance has been
authorized by the Board of Adjustment or if construction has been
started and diligently prosecuted at the time of the adoption of this
chapter.
f.
Nothing in this chapter shall be construed as authorization for or
approval of the continuance of the use of a building, structure or
premises in violation of any zoning ordinances, rules or regulations
in effect immediately preceding the time of the effective date of
this chapter unless made conforming by the enactment of this chapter.
g.
Any nonconforming use that is nonconforming because it fails to comply
with height, area, yard, off-street parking or other like requirements
of this chapter, shall not be changed or altered to enlarge the nonconformance.
[Ord. 3/12/74, § 603; Ord. 1/13/87, § 603]
Nothing in this chapter shall prevent the restoration or continuance
of a nonconforming building or structure which is nonconforming because
of its use and which is partially destroyed by fire, explosion, act
of God, or of any public enemy, or the like, if the extent of the
destruction be not more than 50% of the true value based upon assessed
value of the whole building or structure at the time of the partial
destruction. If, however, any such building or structure shall be
destroyed in the manner aforesaid to an extent exceeding 50% of true
value of the whole building or structure at the time of the destruction,
then the same may only be reconstructed and thereafter used in such
a manner as to conform to all the requirements, terms and conditions
of this chapter.
[Ord. 3/12/74, § 604; Ord. 1/13/87, § 604]
Nothing in this chapter shall prevent the restoration or continuance
of a nonconforming building or structure which is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or other like requirements of this chapter, and which is partially
destroyed by fire, explosion, act of God, or of any public enemy,
or the like; provided, however, that any restoration of any such building
or structure shall not enlarge the previously existing nonconformance.
[Ord. 3/12/74, §§ 701—704; Ord. 12/14/76; Ord. 1/13/87, § 701]
Requirements for "Site Plan Review" are in the "Land Development Ordinance," Chapter 31 of this Code.
[Ord. No. 2008-09]
Site plan review and approval shall encompass all of the mandatory
areas of review under N.J.S.A. 40:55D-38 and 41 and all of the discretionary
areas of review under N.J.S.A. 40:55D-39.
[Ord. 3/12/74, § 801; Ord. 1/13/87, § 801]
All off-street parking areas for nonresidential uses permitted
in Residential Zones, and all off-street parking areas in Nonresidential
Zones shall meet all of the following requirements:
a.
All off-street parking areas shall be surfaced with either a bituminous
concrete pavement with a minimum five (5") inch bituminous concrete
base and a two (2") inch asphalt wearing surface or a six (6") inch
reinforced concrete pavement and maintained in good condition, and
shall be so graded and drained as to dispose of all surface waters
to the satisfaction of the Borough Engineer;
b.
All parking spaces within any parking area shall be clearly marked
and maintained to show the parking arrangement within the parking
area with "hairpin" striping;
c.
All lighting for off-street parking areas shall be so arranged and
shielded as to reflect the light downward and prevent any light from
shining directly on adjoining streets, Residential Zones and residential
buildings;
d.
All parking areas shall be effectively screened on any side which
abuts or faces any premises situated in any Residential Zone by a
fence, wall or hedge at least five (5') feet in height, maintained
in good condition, if required by the site plan approved by the Planning
Board; provided, that such fence, wall or hedge may be waived by the
Planning Board if, because of topographic or other extraordinary or
exceptional conditions, the same shall not be necessary to protect
any abutting or facing premises situated in any Residential Zone;
e.
If any fence, wall or hedge shall have been required for any parking
area under subparagraph d of this subsection, then the fence, wall
or hedge shall be protected by a concrete curb or bumper guard, or
the equivalent, which shall run parallel to the fence, wall or hedge,
be at least five (5") inches in height above the paved surface adjacent
to the fence, wall or hedge, and be sufficient distance therefor to
protect the fence, wall or hedge from the impact of motor vehicles.
Utility poles or railroad ties shall not be used to meet required
curbing or bumper guards;
f.
If any parking area shall have been permitted in any front yard the
Planning Board shall have the power to require a concrete curb, bumper
guard, or the equivalent, at least five (5") inches in height above
the paved surface, along and parallel to any landscaped area in the
front yard as sufficient to protect the same from the impact of motor
vehicles;
g.
All such parking areas shall be used only for the parking of automobiles.
No commercial repair work or sales of any kind shall be conducted
in any parking areas. No sign other than entrance, exit, identification
and conditions of use signs shall be maintained in any parking area.
No such signs shall be larger than four square feet in area. Nothing
herein contained shall be construed to permit any required parking
area to be used for the commercial storage of new or used motor vehicles
by a new or used car dealer or motor vehicle rental agency;
h.
Each and every off-street parking area shall be subject to site plan
approval by the Planning Board. The Planning Board shall consider
the effect of any parking area upon traffic safety and abutting properties
and shall ascertain that all requirements of this chapter are met;
i.
All required parking shall be provided on the same lot as the principal
building the parking is serving;
j.
Off-street parking is permitted in the rear yard. Off-street parking
is permitted in the side yard provided no parking area shall be closer
to the side property line than five (5') feet. Off-street parking
is permitted in any front yard provided the parking is at no point
closer to the front street property line than ten (10') feet.
|
No off-street parking as regulated in this section shall be
permitted closer than five (5') feet to any property line unless the
parking area will abut an approved parking area on the adjacent property.
|
[Ord. 3/12/74, § 802; Ord. 1/13/87, § 802]
a.
In all B Zones, off-street parking shall not be required.
b.
In all O-R Zones, off-street parking shall be provided for permitted
residential uses at a ratio of one and three quarters (1.75) usable
off-street parking stall per dwelling unit. Office uses permitted
in the O-R Zone as set forth in this chapter shall be provided with
off-street parking at a ratio of one parking stall for each 200 square
feet of floor area, exclusive of any access drive or aisles within
the parking area. In cases of permitted home professional office uses
in the O-R Zone, the floor area devoted to office use shall be utilized
in determining off-street parking requirements specified by this subsection.
Medical and dental office uses in the O-R Zone as permitted by this
chapter shall be provided with off-street parking at a ratio of one
parking stall per doctor, plus an additional one parking stall for
each 100 square feet of floor area devoted to such medical or dental
use.
c.
In all I Zones and LI Zones, provision shall be made for one off-street parking space exclusive of any access drive or aisles within the parking area for every 600 square feet of floor area, or any fraction thereof, of all buildings upon the premises exclusive of private garages. All parking spaces shall be provided with access drives and aisles as defined in Section 34-5. For the purpose of administering this subsection, any basement area in any Nonresidential Zone that is used for sales or display and is open to the public shall be construed as floor area. All fractional spaces required under the terms of this section shall be construed as whole spaces.
d.
In all I Zones, for all primary intended uses as allowed in subsection 34-28.1 of this chapter provision shall be made for one off-street parking space exclusive of any access drives or aisles within the parking area for every 600 square feet of floor area, or any fraction thereof, of all buildings upon the premises exclusive of private garages. All parking spaces shall be provided with access drives and aisles as defined in Section 34-5. For the purpose of administering this subsection, any basement area in any Nonresidential Zone that is used for sales or display and is open to the public shall be construed as floor area. All fractional spaces required under the terms of this section shall be construed as whole spaces.
e.
In all I Zones, for all permitted conditional uses, provisions shall
be made for two and one-half (2 1/2) off-street parking spaces
exclusive of any access drives or aisles within the parking area for
each dwelling unit.
[Ord. 3/12/74, § 803; Ord. 1/13/87, § 803]
In all Residential Zone Districts, off-street parking shall be furnished for all new buildings or additions to buildings at a ratio of two usable off-street parking spaces for each new dwelling unit on the premises upon which the dwelling unit is located. In all Residential Zone Districts permitted nonresidential uses shall be provided with two off-street parking spaces exclusive of any access drives or aisles within the parking area for every 200 square feet of floor area, or any fraction thereof, of any building used for said use exclusive of a private garage. Any permitted nonresidential use which is on the same lot with a permitted residential use shall be provided with off-street parking for each of the uses and the computation for each use shall be made separately and cumulatively. All off-street parking spaces as required by this subsection shall be provided with adequate access drives and aisles as defined in Section 34-5.
[Ord. 1/13/87, § 804]
Any owners of property in the O-R Zone District may meet the
required parking provisions of this section by participating in a
joint parking program involving two or more office or home professional
uses; provided, however, that plans for such a joint parking program
shall have been approved by the Planning Board, and, provided, further
that the area for the parking facilities shall equal the collected
parking area requirements of the participating properties to be served.
[Ord. 3/12/74, § 805; Ord. 1/13/87, § 805]
If any applicant can clearly demonstrate to the Planning Board that, because of the nature of his operation or use, the parking requirements of this section are unnecessary or excessive, the Planning 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 efficiency shall be set aside and reserved for the purposes of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking space necessary. Anything in this section or in Section 34-15 to the contrary notwithstanding, no Certificate of Occupancy shall be valid except for the particular use for which it was issued and any change on any premises previously improved under this subsection shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Planning Board. All parts of any yards not used for off-street parking areas shall be adequately landscaped, subject to approval by the Planning Board, and maintained in good condition.
[Ord. 3/12/74, § 902; Ord. 1/13/87, § 902]
In the R-1, R-2, R-3, R-4 Zone Districts, only the following
signs shall be permitted:
a.
One nameplate sign or customary sign for permitted uses, not more
than two square feet in area, which may be either a nonilluminated
or illuminated nonflashing sign, provided that the direct source of
light is shielded in such a manner that it is not visible from the
street or any adjoining residential property.
b.
A nonilluminating temporary sign pertaining to the lease or sale
of the premises upon which it is placed, not exceeding 12 square feet
in total area, provided that it shall be removed within seven days
after signing the contract of sale or the signing of a sale transaction
or the execution of a lease. Signs as permitted by this section that
are smaller than four square feet need not obtain a permit.
c.
A sign deemed necessary to the public welfare by the Borough Council.
d.
A sign not more than eight square feet in area setting forth the
name of a school or place of worship on the same premises, and its
coming activities.
e.
None of the signs permitted in the Residential Districts shall be
erected nearer any street or road than half the setback required for
the principal building to be erected on the plot, provided that nameplate
sign not more than 72 square inches in area as regulated above may
be placed anywhere within the front yard.
f.
Notwithstanding any other provisions of this chapter, one sign no
larger than eight square feet is permitted as accessory to each garden
apartment development within the R-4 Zone.
[Ord. 3/12/74, § 903; Ord. 1/13/87, § 903]
In the B District and for all permitted office uses in the O-R
District, no sign shall be permitted which is not accessory to the
business or office use conducted on the property. Any such sign may
be attached to any entrance wall or wall facing on a street providing
all the following requirements are met:
a.
No sign shall be lighted by means of intermittent illumination. Illuminated
nonflashing signs are permitted provided that floodlights where used
shall only be permitted where the direct source of light is shielded
in such a manner that it is not visible from the street or any adjoining
residential property.
b.
The total sign area for any sign permitted on the face of any wall
shall not exceed one square foot of street frontage, with a maximum
of fifty (50') feet for each business establishment.
c.
No sign shall extend or project above the highest elevation of the
wall to which it is attached.
d.
Buildings located on corner lots shall be construed as having frontage
on both streets and signs as regulated in this section shall be permitted
accordingly.
|
In addition to the above requirements flat signs shall not extend
farther than fifteen (15") inches from the face of this building wall
upon which it is attached, provided, however, where a sign extends
more than three (3") inches from the face of the wall the bottom of
the sign shall not be closer than ten (10') feet from the ground level
below the sign.
|
|
Signs for home professional office use as permitted in the O-R Zone shall be regulated by the requirements of this subsection. Signs for residential uses permitted in the O-R Zone shall be regulated by subsection 34-14.2.
|
[Ord. 3/12/74, § 904; Ord. 1/13/87, § 904]
In the Industrial District and the Light Industrial District,
no sign shall be permitted which is not accessory to the business
conducted on the property and further subject to the following requirements:
a.
Signs attached to the wall of the principal building are permitted as regulated in subsection 34-14.3.
b.
Each industrial use is permitted one freestanding sign provided the
sign is not placed in the front half of the setback required for the
principal building.
c.
The sign complies with the side yard requirements for the principal
building.
d.
The length of the permitted sign is not over 20% of the width of
the building that the sign will set in front of, but in no case shall
the length of the sign exceed twenty (20') feet.
[Ord. 3/12/74, § 1001; Ord. 1/13/87, § 1001]
a.
No building or structure or part thereof except a fence or wall as regulated by subsection 34-6.20 shall be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Construction Official therefor.
b.
Application therefor shall be filed in triplicate with the Construction
Official by the owner, or his agent, and shall state the intended
use of the structure and the land.
c.
The application shall be accompanied by detailed plans and specifications
and new buildings or additions to buildings shall be accompanied by
a plot plan sowing finished grades and existing grades, open spaces,
the established building lines within the block upon which the land
is located and such other information as may be required to show that
the proposed building or other structure shall comply with all of
the requirements of this chapter for the Zone District in which the
premises is located.
d.
The plan shall be drawn to scale and shall show actual dimensions
and figures. All plans, specifications, and plot plans shall be signed
by a licensed architect or a licensed professional engineer of the
State of New Jersey, provided, however, that the owner of a single-family
residence may sign the plans in the event he has prepared them and
intends to occupy said premises and the owner shall file an affidavit
to that effect with said plans. A plot plan, but only a plot plan,
may be prepared and certified by a licensed land surveyor of the State
of New Jersey.
e.
No Building Permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or any part thereof, unless and until the plans and intended uses therefor indicate that such building or structure is designed to conform in all respects to the provisions of this and all other applicable ordinances of the Borough of South Bound Brook. No Building Permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or part thereof, in any R-4, LI or I Zone District unless and until the requirements of Section 34-12 have been met.
[Ord. 3/12/74, § 1002; Ord. 1/13/87, § 1002]
No land shall be occupied or used in whole or in part for any
purpose whatsoever unless and until a Zoning Permit therefor shall
have been issued by the Construction Official. A Zoning Permit shall
be required for the use of any premises which does not have upon it
a building. Whenever there shall be a change contemplated in the use
of any premises which does not have a building upon it, a new Zoning
Permit therefor shall be required.
[Ord. 3/12/74, § 1003; Ord. 1/13/87, § 1003]
No building or structure hereafter erected or altered and no
building in which the occupancy or nature of use shall have been changed,
shall be occupied or used in whole or in part for any purpose whatsoever
unless and until a Certificate of Occupancy shall have been issued
therefor by the Building Inspector. The issuance of a Certificate
of Occupancy shall negate the necessity of securing a Zoning Permit
for the same premises. The issuance of a Certificate of Occupancy
shall supersede and revoke any Zoning Permit already granted for the
same premises.
[Ord. 3/12/74, § 1004; Ord. 1/13/87, § 1004]
The Construction Official shall issue or deny a Zoning Permit
within seven days of the application therefor where site plan approval
by the Planning Board is not required and within seven days after
affirmative action on the site plan by the Planning Board where site
plan approval is required. The Construction Official shall issue or
deny a Certificate of Occupancy within seven days of the application
therefor where site plan approval by the Planning Board is not required,
and within seven days after affirmative action on the site plan by
the Planning Board where site plan approval is required.
[Ord. 3/12/74, § 1005; Ord. 1/13/87, § 1005]
No Zoning Permit or Certificate of Occupancy shall be issued
by the Construction Official until he has ascertained that all the
requirements of this chapter and any other applicable Borough or State
regulations and ordinances, Board of Adjustment decisions, necessary
resolutions of the governing body of the Borough, and site plan as
approved by the Planning Board, have been and are fully complied with.
All improvements shown on any site plan shall have been installed
on the premises in question before any Zoning Permit or Certificate
of Occupancy, as the case may be, shall be issued.
[Ord. 3/12/74, § 1006; Ord. 1/13/87, § 1006]
A fee for any Building Permit, Zoning Permit or Certificate
of Occupancy shall be paid to the Borough at the time application
is made therefor. Fee for a Building Permit shall be that specified
by the Building Code of the Borough. The fee for a Zoning Permit or
Certificate of Occupancy shall be as follows:
|
Certificates of Occupancy
| ||
|---|---|---|
|
a.
|
Nonresidential Units:
|
$100 per unit
|
|
b.
|
Single Family Dwelling
|
$50 per unit
|
|
c.
|
Two Family Dwellings
|
$50 per dwelling unit
|
|
d.
|
Multiple Family Dwellings and Apartment Buildings
|
$50 per dwelling unit
|
|
e.
|
Residential Units
|
$50 per unit
|
|
Zoning Permits
|
|---|
|
$50 for all nonresidential uses not requiring a Building Permit
or Certificate of Occupancy.
|
[Ord. 3/12/74, § 1007; Ord. 1/13/87, § 1007]
A Zoning Permit or Certificate of Occupancy shall specify the
use of the land, or building or buildings, as the case may be, and
any terms or conditions imposed thereunder. Any change in use shall
be treated as a new use and a new Zoning Permit or Certificate of
Occupancy shall be required therefor. Before any Zoning Permit or
Certificate of Occupancy, as the case may be, shall be issued for
any such change in use, all provisions of this chapter shall be complied
with in the same manner as if the new use were an initial use of land
or a new structure or building.
[Ord. 3/12/74, § 1008; Ord. 1/13/87, § 1008]
It shall be the duty of the Construction Official to keep records
of all applications for Building Permits, Zoning Permits or Certificates
of Occupancy and of all such permits and certificates issued, together
with a notation of all special terms or conditions imposed thereunder.
He shall be responsible for the filing and safe keeping of all plans
and specifications submitted to him with any application, and the
same shall form a part of the records of his office and shall be available
to all officials of the Borough. Copies of any permits or certificates
shall be furnished upon request to any person who shall have a right
thereto by law.
[Ord. 3/12/74, § 1009; Ord. 1/13/87, § 1009]
The use or occupancy of land or buildings prior to securement
of a Building Permit, Zoning Permit, or a Certificate of Occupancy,
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.
[Ord. 3/12/74, § 1101; Ord. 1/13/87, § 1101]
This Zone District is designed for single-family residential
use but permits:
a.
All public buildings owned or leased by any unit of government and public or institutional uses and public utilities but the procedure set forth in subsection 34-6.17 above must be followed.
c.
Accessory uses customarily incident to the above uses provided they
do not include any activity commonly conducted for gain unless specifically
permitted in this section.
f.
Public parks and playgrounds.
g.
Not more than two roomers or boarders per dwelling unit.
[Ord. 3/12/74, § 1102; Ord. 1/13/87, § 1102]
Any use other than those uses listed in subsection 34-18.1 is prohibited.
[Ord. 3/12/74, § 1103; Ord. 1/13/87, § 1103]
The following requirements must be complied with in the R-1
Residence District:
a.
Height. No building shall exceed a maximum of two and one-half (2 1/2)
stories or thirty-five (35') feet in height, whichever is the lesser.
b.
Front Yard. There shall be a front yard of not less than thirty (30')
feet.
c.
Side Yard. There shall be two side yards and no side yard shall be
less than ten (10') feet provided further that the aggregate width
of the two side yards combined must equal 30% of the lot width at
the building line.
d.
Rear Yard. There shall be a rear yard of at least twenty-five (25')
feet.
e.
Minimum Lot Area. Each lot shall have a minimum lot area of 7,500
square feet, with an average width of seventy-five (75') feet measured
within one hundred (100') feet of the front property line.
f.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area of 1,200 square feet exclusive of any basement area provided,
however, any dwelling other than a one story structure shall have
a total minimum floor area of 800 square feet on the ground floor
level.
[Ord. 3/12/74, § 1201; Ord. 1/13/87, § 1201]
This Zone District is designed for single-family residential
use and permits any use as permitted and regulated in the R-1 Residence
Zone.
[Ord. 3/12/74, § 1202; Ord. 1/13/87, § 1202]
Any use other than those uses listed in subsection 34-19.1 is prohibited.
[Ord. 3/12/74, § 1203; Ord. 1/13/87, § 1203]
The following requirements must be complied with in the R-2
Residence District:
a.
Height. No building shall exceed a maximum of two and one-half (2 1/2)
stories of thirty-five (35') feet in height, whichever is the lesser.
b.
Front Yard. There shall be a front yard of not less than twenty-five
(25') feet.
c.
Side Yard. There shall be two side yards and no side yard shall be
less than six (6') feet provided further that the aggregate width
of the two side yards combined must equal 30% of the lot width at
the building line.
d.
Rear Yard. There shall be a rear yard of at least twenty-five (25')
feet.
e.
Minimum Lot Area. Each lot shall have a minimum lot area of 5,000
square feet, with an average width of fifty (50') feet, measured within
one hundred (100') feet of the front property line.
f.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area of 1,000 square feet exclusive of any basement area provided,
however, any dwelling other than a one story structure shall have
a total minimum floor area of 800 square feet on the ground floor
level.
[Ord. 3/12/74, § 1301; Ord. 1/13/87, § 1301]
This Zone District is designed for single and two family residential
use but permits any use as permitted and regulated in the R-1 Residential
Zone.
[Ord. 3/12/74, § 1302; Ord. 1/13/87, § 1302]
Any use other than those listed in subsection 34-20.1 is prohibited.
[Ord. 3/12/74, § 1303; Ord. 1/12/87, § 1303]
The following requirements must be complied with in the R-3
Residence District:
a.
Height. No building shall exceed a maximum of two and one-half (2 1/2)
stories or thirty-five (35') feet in height, whichever is the lesser.
b.
Front Yard. There shall be a front yard of not less than twenty-five
(25') feet.
c.
Side Yard. There shall be two side yards, and no side yard shall
be less than six (6') feet, provided, further that the aggregate width
of the two side yards combined must equal 30% of the lot width at
the building line.
d.
Rear Yard. There shall be a rear yard of at least twenty-five (25')
feet.
e.
Minimum Lot Area. Each lot shall have a minimum lot area of 5,000
square feet, with an average width of fifty (50') feet measured within
one hundred (100') feet of the front property line.
f.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area of 800 square feet per unit.
[Ord. 3/12/74, § 1401; Ord. 1/13/87, § 1401]
This Zone District is designed for single-family residential
uses as well as multiple family structures commonly referred to as
garden apartments. This Zone also permits any use as regulated in
the R-1 Residence District.
[Ord. 3/12/74, § 1402; Ord. 1/13/87, § 1402]
Any use other than those listed in subsection 34-21.1 is prohibited.
[Ord. 3/12/74, § 1403; Ord. 1/13/87, § 1403]
The following conditions must be complied with for all garden
apartment buildings hereinafter constructed in the R-4 Zone:
a.
Height. No building shall exceed a maximum of two stories.
b.
Yards. Every garden apartment development shall be so designed so
that no structure containing a dwelling unit shall be closer than
forty (40') feet to any abutting street line or twenty-five (25')
feet to any other property line.
c.
Open Space. There shall be a minimum distance of thirty (30') feet
between all structures containing dwelling units, provided, however,
no open court yard formed by either one building or a group of buildings
shall be less than sixty (60') feet.
d.
Density. Every garden apartment development shall have at least 3,000
square feet of lot area per dwelling unit and shall have no more than
14 units per acre.
e.
Rooms. No garden apartment unit as permitted shall contain more than
two bedrooms. However, no more than 20% of any such apartment unit
shall contain more than one bedroom. For the purpose of administering
this section, a bedroom shall be construed as any room other than
kitchen, living room or bath.
f.
Superintendent. Each garden apartment project, whether contained
in one structure or more than one structure, shall have a building
superintendent residing in the project.
g.
Basement Apartments. No dwelling unit shall be permitted in any basement.
h.
Minimum Lot Size. No garden apartment project, whether consisting
of one or more than one structure, shall be located on any lot having
an area of less than one acre and a minimum lot width of less than
one hundred twenty-five (125') feet.
i.
Landscaping. All open spaces in any garden apartment project shall
be adequately landscaped and maintained in good condition after approval
by the Planning Board. All parking and service areas will be so screened
that adjacent residential areas are shielded from the parking or service
areas, and all ingress and egress driveways to and from the parking
and service areas shall only be located within the R-4 Zone District.
j.
Lighting. Yard lighting shall be provided during the hours of darkness
to provide illumination for the premises and all interior sidewalks,
walkways and parking areas thereon. All wiring shall be laid underground
and all lighting fixtures shall be so arranged that the direct source
of light is not visible from any adjacent residential areas.
k.
Minimum Floor Areas. Every garden apartment dwelling unit containing
only one bedroom shall have a minimum floor area of 700 square feet
per unit. Two bedroom units shall have a minimum floor area of 900
square feet per unit.
l.
Parking Area. One and one-half (1 1/2) parking spaces per dwelling
unit will be provided.
[Ord. 1/13/87, § 14A-01]
The following uses are permitted in the O-R District:
a.
Single-family residential use as permitted and regulated in the R-1
Residential District.
b.
Single-family and two family residential use as permitted and regulated
in the R-3 Residential District and as permitted by this section.
c.
Professional office use including medical, dental or legal offices,
banks and similar financial institutions, real estate offices, and
other uses of similar nature as defined by this chapter.
d.
Home professional use as defined by this chapter.
[Ord. 1/13/87, § 14A-02]
[Ord. 1/13/87, § 14A-03]
The following requirements shall be complied with in the O-R
Office Residential District:
a.
Height. No building shall exceed a maximum of two and one-half (2 1/2)
stories or thirty-five (35') feet in height, whichever is the lesser.
b.
Front Yard. There shall be a front yard of not less than twenty-five
(25') feet.
c.
Side Yard. There shall be two side yards, and no side yard shall
be less than six (6') feet, provided, further that the aggregate width
of the two side yards combined shall equal 30% of the lot width at
the building line.
d.
Rear Yard. There shall be a rear yard of at least twenty-five (25')
feet.
e.
Minimum Lot Area. Each lot shall have a minimum lot area of 5,000
square feet, with an average width of fifty (50') feet measured within
one hundred (100') feet of the front property line.
f.
Minimum Residential Floor Area. Each dwelling unit shall have a minimum
floor area of 800 square feet per unit.
g.
Combined Uses. Combined residential and professional office or home
professional office uses shall comply with the following additional
requirements:
1.
Professional office use and home professional use shall only be permitted
on the ground floor level of any building.
2.
A separate exterior entrance shall be provided to the residential
unit of buildings having professional office use, except in the case
of home professional office use conducted by the resident of such
premises, in which case uses shall be physically separated by a door
or other type of partition to be approved by the Borough.
3.
All open spaces on premises of professional office use or home professional
uses shall be adequately landscaped and maintained in good condition
after approval by the Borough. All parking service areas shall be
so screened that adjacent residential areas are shielded from the
parking or service areas.
4.
Lighting shall be provided during the hours of darkness to provide
illumination for the premises and all interior sidewalks, walkways
and parking areas thereon during business hours of all professional
office and home professional uses. All wiring shall be laid underground
and all lighting fixtures shall be so arranged that the direct source
of light is not visible from any adjacent residential area.
[Ord. 3/12/74, § 1501; Ord. 1/13/87, § 1501]
This Zone District is limited to business uses of a strictly
retail sales and service type but also permits:
[Ord. 3/12/74, § 1502; Ord. 1/13/87, § 1502; Ord. No. 2008-09; amended 7-13-2021 by Ord. No. 2021-006]
Any use other than those permitted by subsections 34-9.2 and 34-27.1 above is prohibited and more particularly none of the following uses shall be permitted: used car lots, unless an accessory use, junk yards, auction establishments, adult book stores, auto body shops, warehouses, storage buildings, trailer camps or tourist homes, roller skating rinks, residential uses of any kind, rooming or boarding houses, any industrial use and any activity involved in the cultivation, manufacture, processing, testing, dispensation, distribution and/or sale of cannabis, marijuana or cannabis products. Class 1-4 cannabis businesses, as defined in Section 34-5, are expressly prohibited as land uses or otherwise in the Borough of South Bound Brook. In the event the Construction Official receives application for an intended use in the B Business District and he believes that the intended use is not a strictly retail sales and service nature or that it does not comply with all of the provisions of subsection 34-27.1 above, he shall refer the application to the Board of Adjustment for a decision after a hearing, as to whether or not the intended use violates the spirit and intent of this section. The Construction Official shall act pursuant to the decision of the Board of Adjustment.
[Ord. 3/12/74, § 1503; Ord. 1/13/87, § 1503]
The following requirements must be complied with in the B Business
District:
a.
Height. No building shall exceed a maximum of two stories or twenty-eight
(28') feet in height, which-ever is the lesser.
b.
Front Yard. No front yard is required.
c.
Side Yard. Business buildings may be built without side yards, except
that where a side yard in the B Business District adjoins the side
yard of a Residence Zone District, there shall be a minimum side yard
of ten (10') feet. If a side yard is provided, it shall not be less
than ten (10') feet.
d.
Rear Yard. There shall be a rear yard of at least ten (10') feet.
Where property abuts any Residence Zone District, there shall be a
rear yard of twenty-five (25') feet.
[Ord. 3/12/74, § 1601; Ord. 1/13/87, § 1601]
a.
This zone is designed for offices of business or professional, executive
or administrative purposes, scientific or research laboratories and
selected industrial and manufacturing uses. The intensity of operations
shall not exceed the limitations imposed by the performance standards
hereinafter set forth in this section. Before the issuance of a building
or occupancy permit, the Planning Board shall review and approve a
site development plan of the proposed use. The Planning Board shall
ascertain that all the following requirements are complied with. All
uses permitted shall be conducted wholly within a completely enclosed
building except for loading and unloading operations and on-site parking
of delivery vehicles.
b.
The LI, Light Industrial District is designed for industrial uses
which do not involve the storage, use, manufacturing, or fabrication
of dangerous sub-stances or involve objectionable noise production,
effluents and generally do not create a major hazard to the general
public or employees thereof. Permitted uses in the LI Zone District
include business office, warehousing of nonhazardous materials, fabrication
processes and other industrial uses as determined by the Borough Planning
Board which are not of a nuisance-generating character.
[Ord. 1/13/87, § 1601.1]
Single-family attached development and customarily incidental
accessory uses are permitted as conditional uses as regulated by this
chapter.
[Ord. 3/12/74, § 1602; Ord. 1/13/87, § 1602]
No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable, fire explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, movement of air; electrical or other disturbance; glare; liquid or solid waste in any manner or amount unless it conforms with the performance standards of subsection 34-28.5 or any use which shall be detrimental to the health, safety, morals or general welfare of the Borough. In addition, the following uses are specifically prohibited:
[Ord. 3/12/74, § 1603; Ord. 1/13/87, § 1603]
a.
Height. No building shall exceed a maximum of thirty-five (35') feet.
b.
Front Yard. There shall be a front yard of not less than twenty-five
(25') feet. Parking areas as required shall not be permitted in the
front yard. No parking area shall be nearer than five (5') feet to
any other property line nor ten (10') feet to any building. Corner
lots in this Zone shall meet 1/2 the front yard setback requirements
on the side street.
c.
Side Yard. There shall be two side yards and no side yard shall be
less than twenty-five (25') feet. Parking as required may be permitted
in the side yard provided no parking area is closer than ten (10')
feet to any building nor ten (10') feet to any side property line.
d.
Rear Yard. There shall be a rear yard of at least fifty (50') feet.
The rear yard may be used for off-street parking provided no parking
area shall be nearer than ten (10') feet to any building nor ten (10')
feet to any property line.
e.
Landscaping. Those portions of all front, rear, and side yards that
are not used for off-street parking shall be attractively planted
with trees, shrubs, plants and grass lawns, as required by the Planning
Board to insure that proper conditions will exist for drainage and
absorption of surface waters and in order to preclude and prevent
traffic hazards.
f.
Zone District Boundary Line Restrictions. No structure shall be constructed
within this Zone District which shall be nearer than fifty (50') feet
from any residential zone district boundary. Within the fifty (50')
foot wide buffer area hereby created, a solid and continuous landscape
screen shall be planted and maintained consisting 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 (6') feet in height,
and such density as will obscure, throughout the full course of the
year, 75% of the glare of automobile headlights emitted from the premises.
The landscape screen described above shall be located adjacent
to the Residential Zone District boundary line.
In the event that any of the plantings in accordance with the
above requirements do not live, they shall be replaced within one
year.
g.
Minimum Lot Size. Each lot shall have a minimum lot area of 12,500
square feet with a minimum lot width of one hundred (100') feet.
[Ord. 3/12/74, § 1604; Ord. 1/13/87, § 1604]
Before the issuance of any Building or Occupancy Permit for
any use in the Industrial District, all of the following regulations
must be complied with:
a.
Fire and Explosion Hazards. All activities shall be carried on only
in structures which conform to the standards of the National Board
of Fire Underwriters or the Borough Building Code or Fire Ordinance,
whichever is more restrictive. All operations shall be carried on
and all explosive raw materials, fuels, liquids, and finished products
shall be stored in accordance with the standards of the Board of Fire
Underwriters.
b.
Radioactivity. Any industrial activity which emits dangerous radioactivity
outside any permitted structure at any point is prohibited.
c.
Smoke, Dust, Fly Ash and Other Air Pollutants. All industrial activities
shall be carried on in accordance with the regulations set forth in
the New Jersey Air Pollution Control Code as published by the New
Jersey State Department of Health.
d.
Liquid or Solid Wastes. No industrial operator shall discharge industrial
wastes of any kind into any reservoir, pond or lake. The discharge
of untreated industrial wastes into a stream shall be prohibited.
All methods of sewage and industrial waste treatment and disposal
shall be approved by the Borough and New Jersey State Health Departments.
Effluent from a treatment plant shall at all times comply with the
standards set forth by the Middlesex County Sewerage Authority and
the New Jersey State Water Policy Commission as the same shall apply.
e.
Vibration. There shall be no vibration beyond the immediate site
on which the use is conducted.
f.
Noise. There shall be no noise emanating from the operation or use
measured from any point on the property line of the lot on which the
industrial operation is located which shall exceed the values given
in the following table in any octave band of frequency. The sound
pressure level shall be measured with sound level meters and/or analyzers
conforming to "United States of America Standard Specification for
General-Purpose Sound Level Meters," S1.4-1961, or latest revision,
"United States of America Standard Specification for Octave, Half-Octave,
and Third-Octave Band Filter Sets," S1.11-1966 or latest revision,
published by United States of America Standard Institute, New York,
N.Y.
|
Maximum Permissible Sound Levels by Receiving Property Category
in dBA
| ||||
|---|---|---|---|---|
|
Sound Source Property Category
|
Receiving Property Category
| |||
|
Residential
|
Commercial
|
Industrial
| ||
|
7:00 a.m. to 10:00 p.m.
|
10:00 a.m. to 7:00 a.m.
|
All Times
|
All Times
| |
|
Any location within a multi-dwelling-unit building
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
|
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
|
|
Industrial
|
65
|
50
|
65
|
75
|
|
The following are exempt from the sound level limits of the
above table:
|
1.
Noise
from domestic power tools, lawn mowers, and agricultural equipment
when operated with a muffler between the hours of 8:00 a.m. and 8:00
p.m. on weekdays and between 9:00 a.m. and 8:00 p.m. on weekends and
legal holidays, provided they produce less than 85 dBA at or within
any real property line of a residential property.
2.
Sound
from church bells and church chimes when part of a religious observance
or service.
3.
Noise
from construction activity provided all motorized equipment used in
such activity is equipped with functioning mufflers, except as provided
in this subsection.
4.
Noise
from snowblowers, snow throwers, and snow plows when operated with
a muffler for the purpose of snow removal.
5.
Noise
from stationary emergency signaling devices that conforms with the
provisions of N.J.A.C. 7:29.
6.
Noise
from an exterior burglar alarm of any building or motor vehicle provided
such burglar alarm shall terminate its operation within 15 minutes
after it has been activated.
[Ord. No. 2005-03]
There is a compelling public purpose in regulating the visual
character of public spaces insofar as perceptual science has amply
demonstrated the linkage of visual character to public safety, public
health, economic vitality and property value. Public regulation is
necessary to encourage and promote unified, highly legible common
public spaces undepreciated by detractive visual elements — a
condition aimed at fostering the good feelings of aesthetics essential
to a vibrant and desirable community while avoiding the visual overload
that undermines property values, degrades public health, and spawns
public hazards.
a.
The system of regulations encompassed by this section uses municipal
powers expressly granted for site plan review and approval and to
protect all aspects of community character.
b.
These powers are used in a way that advances a specific statutory
purpose of New Jersey's Municipal Land Use Law, namely "to promote
a desirable visual environment through creative development techniques
and good civic design and arrangements" (N.J.S.A. 40:55D-2.i.).
c.
That regulatory system encompasses the following:
1.
General performance standards to prevent the degradation of visual
character anywhere in the Borough;
2.
Objective criteria to be used in judging the consistency of character;
3.
Explicit requirements for character consistency in site plan reviews;
4.
Overlay zoning district for the Borough Center and the Historic Dublin
Neighborhood aimed at protecting the unique character of these areas;
and
5.
A Community Character Advisory Committee appointed by the Mayor to
collaborate with and assist the Planning Board, Zoning Officer and
property owners in determining consistency of visual character.
[Ord. No. 2005-03]
The civic design regulations are intended to protect and enhance
community character and promote a desirable visual environment through
good civic design and arrangements and creative development techniques.
[Ord. No. 2005-03]
The streetscape between the building line and the street shall
be a semi-public amenity, a passive open space of a unified decorative
character. No visible structural or landscape feature is to be visually
disruptive of that character either in that it is:
a.
Functionally incompatible with the passive character of the space
or that utilitarian activities and non-decorative features are visible
from the street;
b.
Out of character with the physical traits of color, material, form,
scale, formality or other design aspects of the streetscape; or
c.
Disorderly in its competition for attention departing form a hierarchy
of safety first followed by celebration, display of goods and services,
promotional message, informational messages with background elements
subdued. The appropriate degree of salience of informational features
shall be gauged by the following hierarchal order of importance.
1.
Safety devices and hazard warnings;
2.
Celebratory information;
3.
Displays of goods, symbols or icons;
4.
Promotional, identification, sales or marketing;
5.
Informational, regulatory, promotional or addressing; and
6.
Noninformational features designed to create a harmonious background
gauged in terms of similarity, congruence, and agreement of visual
traits including but not limited to:
[Ord. No. 2005-03]
The character of a streetscape shall be determined by assessment
of the neighborhood context and its valued traits. Visible objects
shall be judged in terms of their fit within the visual context of
the neighborhood and their contribution to legibility of the streetscape
as a whole. Context is to be judged in terms of:
a.
The type of space (This may include public, semi-public, or private
spaces. Semi-public spaces surround streets, street intersections
or other plaza types and usually extend from the building set-back
line to the street line);
b.
The functions of the space (Functions in semi-public areas may include
vehicular or pedestrian travel, passive seating, active play, vehicular
parking or decorative features);
c.
The stratification of the space (Visual boundaries may be multi-level,
comprised of building facades, tree lines, or distant horizons. Partial
or full enclosures may occur at various levels including the pedestrian
streetscape level, roofscape level, an intermediate fascia level and
a horizon/overhead enclosure. There may also be horizontal levels
such as pedestrian level surface or vehicular level surface);
d.
Informational aspects within the space (Functional focal points such
as major and minor portals, landmarks, activity areas, and way-finding,
cultural or informational features which require contrasting rather
than harmonizing treatment to provide salience and reinforce cultural
significance);
e.
Needed buffering of interfering activity (The disparate needs of
utilitarian areas, private areas, dangerous activity areas and disruptive
activity areas which should be buffered, screened or removed);
f.
The uniqueness and diversity of the space (along with the sequential
nature of adjoining spaces and the possible need for interesting or
exciting transitions).
g.
The range of traits is several key areas as follows:
1.
Cultural character includes visual information that reinforces a
sense of space such as function, geography and ethnicity. The presence
of various advertising, and regulatory, celebratory, or behavioral
messages is to be considered in terms of the economy through icons,
logos, and minimization of content and ordering of importance.
2.
Dimensional character relates to the openness of a space on a continuum
of size from intimate to grand. Considerations should include scale,
proportion and dimensioning of both the horizontal space and of the
vertical enclosure elements at the pedestrian streetscape level and
higher levels.
3.
Compositional Character is largely defined by the degree of formality/informality
of a space. Considerations should include symmetry and balance for
both plan and elevation. Contributing aspects include form treatment
to including shape, proportion, rhythm, and balance surface treatment
including color palette, texture, sheen, and pattern and transparent
opening treatment such as glass windows, interior/exterior closures,
exposed interior features, transparency and obstructions.
4.
Spatial character relates to physical orientation and way-finding
cues within the space including movement cues of repetitive or linear
features such as tree lines, hedgegrows or railings.
5.
Temporal character establishes an orientation in time such as period
cues for historic coherency such as style, materials and technology,
seasonal cues such as plants with variations or holiday decorations,
or business hour cues such as illumination levels, gates, or window
closures.
[Ord. No. 2005-03]
The Borough Center Civic Design Overlay district shall be coterminous
with the B, 1 and L-I districts situated within the bounds of the
redevelopment district. The following requirements must be complied
with in the BC-CDO district:
b.
Streetscape. A hard-surfaced furnished pedestrian area shall be maintained
between the curbline and building line. Buildings shall be aligned
directly on the street line with a finished floor at grade and eave/cornice
line height of 11.5 to 12.5 feet.
c.
Roofscape. Limited to vertical parapets aligned at a height of between
15 and 35 feet.
d.
Windows and Other Fascia Openings. Limited to formal styles with
strong, repetitive, linear, rectangular forms with strong symmetry
proportioned 1:1-1:3 vertical to horizontal on all floors.
e.
Fascia Openings. 40-80% of street level fascia; 25-70% of upper level
fascia; 0% of roofscape.
f.
Finishes. Color range shall be limited to "Colonial Revival" vernacular
commercial palettes with brick ranging from brick red to cream, stone
from cool to warm gray, other fascia materials to be limited to adjacent
color schemes; trim to be lighter hues and accent colors to be of
complementary or adjacent color schemes. Surface textures shall be
fine without significant relief or pattern. Color hue and saturation
for upper fascia and roofscape shall be limited to moderate intensity
ranges.
g.
Signs and Displays. Visual clutter shall be minimized through the
use of sizable logos coupled with limited use of lettered signs.
1.
Windows shall be unobstructed except for first floor display windows
limited to the following one logo not to exceed 36 inches in diameter,
painted letters not to exceed 12 inches in vertical dimension for
the initial line with any subsequent lines each reduced to 50% of
the preceding line height.
2.
Additional interior signage visible through first floor display windows
shall be mounted in a frame not to exceed six square feet in area
and no closer than three feet to the window surface.
3.
Displays and signage shall be of workman-like quality.
4.
Exterior signs shall be displayed in permanent façade mounted
panels not exceeding 24 inches in vertical dimension. Panels shall
be offset from window/door frames and upper floor fascia by a distance
equal to 50% of the panel's narrowest dimension.
h.
Awnings. Shall be treated as a street level appurtenance.
i.
Landscaping. Fences, walls and hedges shall be decorative and limited
to a height of 3 feet.
j.
Pavement. Shall be limited to traveled paths and ways.
[Ord. No. 2005-03]
The Historic Dublin Civic Design Overlay district shall be coterminous
with the R-2 district between Washington Street and Johnson Street.
The following requirements must be complied with the HD-CDO district:
b.
Street Setback. A uniformly landscaped quasi-public "green" 100 feet
in width shall be maintained between building lines. Open porches
may project not more than 10 feet and garage doors must be recessed
not less than 20 feet. An unobtrusive pedestrian way shall be maintained
between the curbline and street line and the street line may be delineated
by a linear feature no more than three feet in height. Buildings shall
have a finished floor at 2 to 3 feet above grade and an eave/cornice
line height of 11.5 to 12.5 feet.
c.
Roofscape. Limited to pitched roofs with vertical project not exceeding
35 feet and a slope between 6:12 and 12:12.
d.
Windows and Other Fascia Openings. Limited to formal styles with
strong repetitive, linear, rectangular forms with strong symmetry
proportioned 1:1-1:3 vertical to horizontal on all floors.
e.
Fascia Openings: 25-70% of street level facsia; 25-70% of upper level
fascia; 0-30% of roofscape.
f.
Finishes. Color range shall be limited to "Colonial Revival" vernacular
residential palettes with brick ranging from brick red to cream, stone
from cool to warm grey, other fascia materials to be limited to white,
green, cream and earth tones, trim to be of lighter hues and accent
colors to be of complementary or adjacent color schemes. Surface textures
shall be fine without significant relief or pattern. Color hue and
saturation for upper fascia and roofscape shall be limited to moderate
intensity ranges.
g.
Signs and Displays. Displays and signage to be of workman-like quality.
h.
Awnings. Treated as a street level or upper fascia appurtenance.
i.
Landscaping. Fences, walls and hedges shall be decorative and limited
to a height of 3 feet.
j.
Pavement. Shall be limited to traveled paths and ways.
[Ord. 3/12/74, § 1801; Ord. 1/13/87, § 1801]
This chapter shall be enforced by the Construction Official
who shall in no case, except under a written order of the Board of
Adjustment or the Borough Council, issue a permit for the erection
or structural alteration of any building nor grant any Zoning Permit
or Occupancy Permit for any land or building where the proposed erection,
structural alteration, or use thereof would be in violation of any
of the provisions of this chapter. It shall be the further duty of
the Construction Official to investigate any violation or alleged
violation of this chapter coming to his attention, whether by complaint
or third persons or from his own personal knowledge or observation.
When any building or structure is erected, constructed, altered, repaired,
converted or maintained or any building, structure or land is used
in violation of any provision of this chapter, it shall be the duty
of the Construction Official to proceed with the enforcement of this
chapter and the penalties provided for hereunder. He may also pursue
such other statutory method or methods as may be open to him.
The Construction Official shall file a monthly report on his
activities, including the complaints and cases processed by him and
his disposition thereof, with the member of council designated by
the Borough Council.
[Ord. 3/12/74, § 1802; Ord. 1/13/87, § 1802]
For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building, land or premises where such violation has been committed or shall exist, and who shall refuse to abate the violation within five days after written notice so to do has been served upon him by certified mail, return receipt requested, or by personal service upon him, shall for each and every violation be liable to the penalty stated in Chapter 1, Section 1-5, at the discretion of the Court of Judicial Officer before whom a conviction may be had. Each and every day that such violation shall continue after the abatement notice shall have been served shall be considered a separate and specific violation of this chapter and not as a continuing offense.
[Ord. 3/12/74, § 1901; Ord. 1/13/87, § 1901]
In case any section, part or provision of this chapter shall
be held unconstitutional or invalid by any Court, such holding shall
not affect the validity of this chapter as a whole or any other part
thereof other than the part so held unconstitutional or invalid.
[Ord. 3/12/74, § 2001; Ord. 1/13/87, § 2001]
Any and all ordinances or parts thereof in conflict with or
inconsistent with any of the terms of this chapter are hereby repealed
to such extent as they are so in conflict or inconsistent; provided,
however, that the adoption of this chapter shall not prevent or bar
the continuance or institution of any proceedings for offenses heretofore
committed in violation of any existing ordinances of the Borough.
[Ord. 3/12/74, § 2101; Ord. 1/13/87, § 2101]
This chapter shall take effect immediately after passage and
publication in the manner provided by law.
