[Ord. No. 77-1, § 2; Ord. No. 86-20, § 1.]
The purposes of this chapter shall be to promote and to protect
the public health, safety, comfort, convenience, prosperity, amenity
and other aspects of the general welfare, and in particular to do
so by implementing the following policies set forth in the master
plan of the borough:
(a)
To protect and preserve the character of the borough as primarily
a residential and college town and to provide for reasonable and necessary
adjustments to present day social and economic trends.
(b)
To control the development of the borough's residential areas
by limiting the density of new development in such areas and by preventing
commercial and industrial uses.
(c)
To encourage the development of a range of housing types at
various price levels, particularly around the center of the borough,
with emphasis upon dwelling units for single persons and small families,
in order to take into account the changing age structure of the borough's
population.
(d)
To provide a buffer area devoted primarily to apartments and
office buildings between the business areas and nearby areas of low
and medium density residential development.
(e)
To continue the present predominance of small retail and specialty
stores in the borough's business districts and to prevent therein:
(f)
To guide the further development of the downtown area in relation
to the capacity of the street system of that area, in order to prevent
additional traffic congestion.
(g)
To provide appropriate small areas catering to neighborhood
daily shopping needs in other parts of the borough.
(h)
To provide an appropriate area for automotive and other similar
services and to prevent the spreading of such services into the remainder
of the borough's business areas.
(i)
To provide increased flexibility for the future growth of the
educational institutions which play so large a part in the borough's
economy and cultural life, while at the same time providing protection
to residential zones immediately adjacent to such institutions.
(j)
To preserve and enhance the historic architecture of the community.
The council hereby finds that the adoption and implementation
of the policies set forth in this section is necessary in order to
prevent the overcrowding of land or buildings; to avoid undue concentration
of population and to lessen congestion in the streets; to provide
adequate light and air; to secure safety from fire, panic and other
dangers; and to promote health and other aspects of the general welfare.
[Ord. No. 2012-12 § 1; Ord. No. 77-1, § 2; Ord. No. 78-26, §§ 1, 2; Ord. No. 80-24, § 1; Ord. No. 81-24, § 1; Ord. No. 83-25, § 1; Ord. No. 83-38, § 3; Ord. No. 86-20, § 2; Ord. No. 89-26, § 1; Ord. No. 91-2, § 1; Ord. No. 94-19, § I; Ord. No. 95-20, § 1; Ord. No. 98-9, § I; Ord.
No. 2000-8, § I; Ord.
No. 2003-9, § IV; Ord.
No. 2003-29, § I; Ord.
No. 2004-06, § 1; Ord.
No. 2006-07, § 1; Ord.
No. 2009-01, § II; Ord.
No. 2009-33, § I; Ord.
No. 2014-44 § 5; Ord.
No. 2015-48 § 2; Ord.
No. 2016-42 § 7; Ord.
No. 2017-8 § 4; Ord. No.
2017-52 § 2; Ord. No.
2018-24 §§ 2, 4, 5; amended 6-29-2020 by Ord. No. 2020-16; 6-28-2022 by Ord. No. 2022-14; 1-23-2023 by Ord. No. 2023-02]
For the purpose of this chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this section.
Words used in the present tense include the future. The singular
number includes the plural and the plural the singular. The word "person"
includes a corporation as well as an individual. The word "lot" includes
the word "plot." "Building" includes any part thereof. The word "use"
shall include the words "or intended, arranged or designed to be occupied
or used."
See "building, accessory."
A group of interrelated rooms that: (a) constitutes an entirely
self-contained portion of a principal, one-family dwelling, or is
located in an accessory building on the same lot as a principal, one-family
dwelling; (b) contains complete housekeeping facilities for only one
family; (c) has no cooking facilities, food preparation facilities,
sanitary facilities, or enclosed space in common with any other part
of the building in which it is located, except vestibules, entrances,
porches, garages, or laundry, heating or air conditioning rooms or
equipment; and (d) complies with the provisions of section 10B-255(c)(3)
of the Code of the Township of Princeton, New Jersey 1968. Wherever
the term “secondary residence” is used in this chapter,
it shall mean “accessory dwelling unit.”
[Amended 6-29-2020 by Ord. No. 2020-16; 8-24-2020 by Ord. No. 2020-28]
An "accessory use" is a use which is clearly incidental to,
customarily found in connection with and, except in the case of parking
spaces or loading berths, located on the same lot as the principal
use to which it is related. When "accessory" is used in the text,
it shall have the same meaning as "accessory use." "Accessory use"
shall include without limitation, the following:
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
A facility which is licensed by the department of health,
in accordance with N.J.A.C. 8:36 as that section exists as of March
14, 2000, to provide apartment-style housing and congregate dining
and to assure that assisted living services are available when needed.
An assisted living residence is within the continuum of senior housing
types recommended by the Princeton Community Master Plan. It is a
form of institutional health care facility which offers assisted living
services for the frail elderly and other persons with physical or
cognitive impairment. This does not include individuals requiring
acute, intermediate, ongoing, residential type supervised treatment
for social, emotional, psychiatric, addictions or school classified
difficulties. It is an alternative for persons who because of age,
illness, or infirmity cannot live independently, but who do not require
continuous nursing home-level care. "Assisted living services" means
a coordinated array of supportive personal and health services, available
24 hours per day, to residents who have been assessed to need these
services, including residents who require formal long-term care.
The part of a building that is immediately below and wholly
or partly within the roof framing of a pitched roof. The spring point
of such pitched roof shall be no greater than five feet above the
finished floor level of the attic (Fig. 1).
[Amended 6-28-2022 by Ord. No. 2022-14; 1-23-2023 by Ord. No. 2023-02]
Space in which the ceiling (defined as the bottom of the
structural members of the floor above) is less than four feet above
the average finished grade line along the outside walls of the building
and is more than five feet in height measured from the finished floor,
except at points of entry or access.
[Amended 6-28-2022 by Ord. No. 2022-14]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the lot on which such sign is situated.
Any combination of materials forming any construction, except:
(a) Where entirely underground, so as to permit the use of the ground
above the same as if no building were present and without substantial
change in the existing grade; and (b) fences and walls of six feet
in height or less. The terms "building" and "structure" are used synonymously.
A detached building, subordinate to the principal building on the same lot as the principal building. Sleeping facilities and cooking facilities other than outdoor barbecue pits or picnic fireplaces shall not be permitted unless part of an accessory dwelling unit. The term "accessory building" shall not include garden or tool houses with an area of less than thirty-two square feet and without a foundation when located in accordance with section B17A-380 of this article, but it shall include the following:
Radio and television antennae, except for antennae installed
on the roof of a principal building and extending not more than 15
feet above the highest level thereof.
Amateur radio receiving and transmitting towers of 15 feet or
less in height.
Swimming pools and other outdoor sports buildings not operated
for gain.
Pergolas, pavilions, unroofed porches, outdoor bins and other
similar buildings.
Garden houses, tool houses, playhouses and greenhouses.
Detached garages.
Accessory dwelling units.
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Wherever the term “secondary residence building”
is used in this chapter, it shall mean an accessory dwelling unit
located within an accessory building.
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That building which houses the primary use on a lot. In the
R1, R2, R3 and R4 zoning districts, only one principal building is
permitted on a lot. The following shall be considered part of the
principal building:
Any attached accessory building, including an attached garage
or attached roofed carport, including those carports attached only
by a roofed breezeway.
A roofed porch attached to the principal building.
An accessory dwelling unit located within a one-family dwelling.
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Fences and walls more than six feet high, even though not attached
to a principal building, are subject to the bulk regulations pertaining
to principal buildings.
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Use of a common PWTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communication technology and/or placement of a PWTF on a structure.
A development of residential living units exclusively for
persons who are 62 years of age or older, or for couples, one of whom
is at least 62 years of age, which provides a continuum of accommodations
and care and which provides "continuing care" as an integral part
of the residential development. Continuing care is the provision of
lodging and nursing, medical or other health related services at the
CCRC or at another location to an individual pursuant to an agreement
effective for the life of the individual or for a period greater than
one year, and, in consideration of the payment of an entrance fee
with or without other periodic charges, provided that the person receiving
the care is not related to the person who provides the care.
The continuing care retirement community (CCRC) must include
independent living units and assisted living units and nursing care
units. The nursing care units and/or assisted living units may be
made available at the CCRC or by contract at another facility. The
CCRC shall also include facilities and arrangements for providing
continuing care and meals for residents, with or without common dining
facilities, and may include accessory services customarily incidental
to a continuing care retirement community.
The following accessory structures and uses shall be permitted
in a continuing care retirement community: recreation facilities,
physical therapy facilities, entertainment facilities, libraries,
food preparation facilities, dining facilities, linen service facilities,
nursing services, housekeeping services, security facilities, administrative
offices, staff facilities, storage and maintenance facilities, chapels,
temporary guest lodging facilities, barber shop and beauty parlors,
facilities for the sale of sundries, personal articles, newspapers,
food, and similar convenience products to the residents, and such
other uses as are customarily associated with and subordinate to the
principal permitted uses. Except as may otherwise be authorized, all
accessory facilities, functions, and services shall be for the use
and benefit of the residents of the facility. The space for accessory
uses shall not constitute gross floor area for purposes of any floor
area ratio limitation to the extent of 5% of the total gross floor
area of the CCRC development, excluding the space for accessory uses.
An open space which is enclosed on all sides by exterior
walls of a building and is unobstructed from the ground to the sky.
An open space which is enclosed on three sides by exterior
walls of a building and is unobstructed from the ground to the sky.
The area covered by all buildings on a lot, expressed as
a percentage of the lot area.
The average elevation, established by existing curbs or borough
ordinance of the street grade along the entire street line of the
lot. Where a building is on a corner lot, the curb level is the average
level of such elevations on the two intersecting streets. Where a
front yard of 25 feet or more is provided or where there are two or
more principal buildings on the lot, the curb level is the average
level of the land immediately adjacent to the building prior to or
after any excavation or fill, as may be determined by the development
enforcement officer.
That part of an educational institution which provides sleeping
accommodations, with or without accessory common rooms and cooking
and eating facilities, for groups of unmarried students in attendance
at the educational institution.
An establishment that by design, physical facilities, service
or packaging procedures encourages or permits customers to receive
services or obtain goods while remaining in their motor vehicles.
A building or entirely self-contained portion thereof, containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no cooking,
food preparation or sanitary facilities in common with other dwelling
units and no common enclosed space, other than vestibules, entrance
or porches, and laundry, heating and air conditioning rooms and equipment.
The terms shall not include a boarding house, convalescent home, dormitory,
fraternity or sorority house, hotel, nursing or similar home or other
similar building, or a secondary residence.
A one-family dwelling with two common or party walls separating
it from adjacent units on both sides, or one party wall in the case
of a building at the end of a group of attached dwellings.
A building or portion thereof containing three or more dwelling
units, other than attached dwellings.
A detached building containing one dwelling unit only, or
if permitted in the district, one dwelling unit and secondary residence.
The term shall include a parish house.
A detached building containing two dwelling units, either
side by side, as in the case of a semi-detached dwelling, or one over
the other.
An education institution of higher learning chartered by
the state, or a private educational institution approved by and subject
to regulations prescribed by the state and giving instructions or
affording facilities for study and research in academic or technical
subjects primarily at or above the college level.
An addition to the aggregate floor area or an increase in
the height of any existing building or area of the lot covered by
any building.
An increase in the amount of existing floor area used for
an existing use with an existing building.
One or more persons occupying one dwelling unit as a single,
non-profit housekeeping unit, whose relationship is of a stable and
domestic character. Uses such as non-familial institutional uses,
rooming houses, hotels, clubs, fraternities, sororities, transient
housing or similar types of housing shall not be considered family
uses. It shall be considered a family use to provide supportive personal
and health services within a dwelling unit to family members residing
in the dwelling unit.
The provision of child care services for a fee, or other consideration, to no more than five children, by a family occupying a dwelling unit, provided that the use complies with the requirements of section B17A-228(c)(2)e,f.
Pursuant to N.J.S.A. 30:5B-18, a child being cared for under
the following circumstances is not included in the number of children
receiving child care services, provided that there shall be no more
than three such children within either or both of the following categories:
The child being cared for is legally related to the person responsible
for and managing the child care services;
The child being cared for is part of a cooperative arrangement
between parents for the care of their children by one or more of the
parents where no payment for care is being provided.
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Any other provision of Chapter B17A to the contrary notwithstanding, no accessory off-street parking or accessory loading berths are required in order to use a dwelling unit for family day care.
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[Amended 6-28-2022 by Ord. No. 2022-14]
The total area of all of the stories of all structures on
the lot, measured from the outside faces of the exterior walls or
from the exterior roof edges where the structure has no walls and
including the following, although not by way of limitation: interior
balconies and mezzanines, roofed and/or enclosed areas such as sheds,
barns, garages, and carports.
Attic space in a single family or two family residence with
a height of five feet or more measured from the finished floor to
the roof rafter shall be counted as floor area except for that area
that is up to one-third of the area of the floor directly below. Attic
areas in a single family or two family residence with a height of
less than five feet measured from finished floor to roof rafter shall
not be counted as floor area.
If an interior space in a one or two family structure has
a ceiling height of twelve feet or greater, the floor area of that
space shall be counted twice for the purpose of floor area calculation.
If an interior space in a one or two family structure has a sloped
ceiling, only that portion of the floor having a ceiling height of
twelve feet or greater shall be counted twice for the purpose of floor
area calculation.
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For single- and two-family dwellings and accessory dwelling
units, the following shall be exempt from the calculation of floor
area (see Fig. 1):
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Basements
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Dwellings/ accessory dwelling units without a basement
only: storage space for mechanical equipment and/ or utilities, including
washers/dryers, not to exceed 100 square feet in the aggregate; and
storage space for bicycles and/ or miscellaneous items, not to exceed
forty-eight square feet in the aggregate, and provided further that
said storage space cannot be accessed from the interior of the dwelling.
Storage space in excess of these limits shall be counted as floor
area.
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A/C condenser units, generators, transformers, above-ground
fuel tanks and other similar devices, not to exceed 100 square feet
in the aggregate. The area in excess of 100 square feet in the aggregate
shall be counted as floor area
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(A) Non-enclosed one-story porches, porticos, stoops
and entrance platforms, up to 200 square feet. Any additional square
footage beyond the first 200 square feet shall be included in the
calculation
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(B) That portion of any garage, porte-cochere, carport
or other accessory structure that is located behind the rearmost wall
of the dwelling (C), provided that said structure is no greater than
1 story and 15 feet in height to the peak of the roof, not to exceed
300 square feet
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Figure 1
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[Deleted by Ord. No. 2015-48 § 2]
The gross floor area of all buildings on a lot divided by
the lot area.
A garage located in between the front of a structure and
the street and which is accessible from a paved courtyard located
at the interior of the lot.
An accessory building incidental to a house as defined herein, which accessory building is used for the off-street storage of motor vehicles belonging to the inhabitants of such house, and in which garage no business, service or occupation is conducted or rendered for profit except as permitted by section B17A-228(c)(6)a.
An attic with a floor area no greater than 50% of the floor
below
[Added 1-23-2023 by Ord. No. 2023-02]
The greatest vertical distance between the average level
of finished grade or pre-construction grade, whichever is lower in
elevation, along all the exterior walls of a building and each of
the following:
The highest ridge of the roof, in the case of a pitched roof;
The highest parapet or cornice level, in the case of a flat
roof;
The highest point of any structure that rises wholly or partly
above the roof line and whose area together with the area of all other
such structures exceeds 10% of the ground floor area of the building
that supports it; excepting, however, structures that constitute or
house mechanical equipment for such building; provided, that all the
structures that rise wholly or partly above the roof line do not exceed
in the aggregate 20% of the ground floor area of such building.
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The finished grades of depressed courts, to the extent that
they are below abutting ground level, shall be disregarded in height
computations.
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An occupation customarily carried on in a dwelling unit by
an occupant of the residence, which occupation is clearly an accessory
use incidental to the residential use. A "home occupation" shall not
include any occupation that gives external evidence of nonresidential
use, nor shall it include a barbershop, beauty parlor, commercial
caterer, commercial rental office, medical doctor or dentist, or studio
where dancing, music or other personal instruction is offered to more
than one pupil at one time or where concerts or recitals are held.
A dwelling in which more than 10 rooms are rented to boarders
or lodgers, or any other building containing rooms or suites of rooms,
located on common hallways, which are used, rented or hired out to
be occupied or which are occupied for sleeping purposes primarily
by transient guests.
A building containing both dwelling units and business uses
which are permitted in the applicable district regulations.
A one-story freestanding structure not exceeding 250 square
feet in floor area and 20 feet in height. Kiosks may contain retail
stores, bakeries, and eating and drinking places and may not contain
more than five counter seats for patrons to eat or drink inside the
premises.
A single tract of land under single ownership or control,
located within a single block which, at the time of filing for a building
permit, is designated by the owner as a tract to be used, developed
or built upon as a unit. Such lot may or may not coincide with the
deed description thereof or the boundaries of the same as shown on
a map thereof filed for record or otherwise, and it may be subsequently
subdivided into two or more lots; provided, that all such lots conform
to all the regulations of the district. A lot may be occupied by more
than one principal building, except in the R1, R2, R3 and R4 zoning
districts.
Any boundary of a lot, other than a street line.
The lot line generally opposite to the street line.
The measurement along a line drawn parallel to the street
line, at the depth of the required front yard.
A lot at the junction of and abutting on two or more intersecting
streets, where the interior angle of intersection does not exceed
135°. Any lot adjoining a curved street at a point where the street
line describes an arc subtended by an angle of 135° or less shall
be considered a corner lot.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
The ratio, the numerator of which is the area of lot coverage
plus the area of all other impervious cover, and the denominator of
which is the gross area of the lot.
For single- and two-family dwellings, the following shall
be exempt from the calculation of impervious coverage (see Fig. 1):
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A/C condenser units, generators, transformers, above-ground
fuel tanks and other similar devices, not to exceed 100 square feet
in the aggregate. The area in excess of 100 square feet in the aggregate
shall be counted as impervious coverage.
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(A) Non-enclosed one-story porches, porticos, stoops and entrance
platforms, up to 200 square feet. Any additional square footage beyond
the first 200 square feet shall be included in the calculation.
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(B) That portion of any garage, porte-cochere, carport or other
accessory structure that is located behind the rear most wall of the
dwelling (C), provided that said structure is no greater than one
story and 15 feet in height to the peak of the roof, not to exceed
300 square feet.
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Figure 1
Note: the exemptions listed in the definition of impervious
cover are for purposes of this article only. With respect to the municipality's
stormwater management regulations, the definition of "impervious surface"
set forth in Article X shall control.
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Any lot which is not a corner lot or a through lot.
A lot which has two street lines and which is not a corner
lot.
A "noncomplying" building is any lawful building which is
a nonconforming structure and which does not comply with any one or
more of the applicable district bulk regulations or off-street parking
and loading requirements, either on November 19, 1968, or as a result
of any subsequent amendment to this article.
A "nonconforming" use is any lawful use which is a nonconforming
use, whether of a building or a tract of land, which does not conform
to one or more of the applicable use regulations of the district in
which it is located, either on November 19, 1968, or as a result of
any subsequent amendment to this article.
A nursing home means any building or buildings which are
used for the housing of patients who require continuous nursing home-level
care or who are in need of assisted living services. It shall include
a "nursing home" and/or "assisted living residence." For this purpose:
A nursing home means a facility which is licensed by the
department of health, in accordance with N.J.A.C. 8:39, to provide
health care under medical supervision and continuous nursing care
for 24 or more consecutive hours to patients who do not require the
degree of care and treatment which a hospital provides and who, because
of their physical or mental condition, require continuous nursing
home-level care.
An assisted living residence means a facility which is licensed
by the department of health, in accordance with N.J.A.C. 8:36, to
provide apartment-style housing and congregate dining and to assure
that assisted living services are available when needed. "Assisted
living services" means a coordinated array of supportive personal
and health services, available 24 hours per day, to residents who
have been assessed to need these services, including residents who
require formal long-term care.
A structure containing parking spaces for vehicles, some
or all of which shall be enclosed, and facilities incident thereto.
An accessory off-street space, open or enclosed and paved
or surfaced, which is accessible and available at all hours when the
building to which it is accessory is in use, for the parking of one
passenger car.
Facilities serving and subordinate in area, extent and purpose
to, and on the same lot as, a telecommunications tower or antenna
location. Such facilities include, but are not limited to, transmission
equipment, storage sheds, storage buildings, and security fencing.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than PWTEFs.
The Township of Princeton and the Borough of Princeton, in
the County of Mercer, and State of New Jersey.
A building owned or operated by the borough, Princeton Township,
the county, the state or the United States of America.
The documents and information required to be supplied in
connection with a proposal for the acquisition and relocation of a
preservation structure as provided in section 393.3.
The land to which a preservation structure is proposed to
be relocated.
(Reserved by Ord. No. 2014-44)
A living room or enclosed floor space within a dwelling unit,
secondary residence, dormitory or boarding house, which is used or
designed to be used for living, sleeping or eating purposes. A "habitable
room" shall not include any of the following:
A dwelling occupied by one family, with three to 10 rooms
rented for more than seven consecutive days to boarders or lodgers,
in which there are provided services incidental to such use. The term
shall include a boarding house or a furnished rooming house. A lodger
or roomer may have privileges in the kitchen of the dwelling but shall
not maintain cooking or food preparation facilities elsewhere, alone
or in common with other roomers.
See "Accessory dwelling unit."
Any structure or part thereof, or device attached thereto
or painted or represented thereon, which displays or includes any
letter, word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of, an announcement, direction or
advertisement. For the purpose of this article, the word "sign" does
not include the flag, pennant or insignia of any nation, group of
nations, state, city or other political unit or any artistic expression,
even if it relates to the character of the business being undertaken
in the structure, provided that the artistic expression does not contain
the name of the business or of a product or service sold by the business
and, if it is proposed in a historic preservation district, receives
approval by the historic preservation review committee.
Any covered area whether finished or not, with a clear headroom
of five feet or more measured from the finished floor to the ceiling
(defined as the bottom of the structural members of the floor or roof
above). If the covered area also meets the definition of "basement,"
it shall not be considered a "story."
[Amended 6-28-2022 by Ord. No. 2022-14]
Any public street, place, square, lane or way with a minimum
right-of-way of 25 feet set aside or used as a right-of-way for common
street purposes.
The dividing line between a lot and a street. Where a proposed
street widening is shown on the official map, the street line shall
be the line of the proposed widening. Where no right-of-way width
is shown on the official map, the street line shall be presumed to
be 25 feet from the center line of the street as determined by the
borough engineer.
Any change in any supporting member of a building.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
Any vehicle mounted on wheels or on a truck body, movable
either by its own power or by being drawn by another vehicle, which
is initially designed or converted to be used for living or sleeping
quarters. The term "trailer" shall include such vehicles if mounted
on temporary or permanent foundations with the wheels removed.
Common open space that comprises an enclosed portion of the
ground of a lot, which is available and accessible to all occupants
of the buildings on the lot for purposes of active or passive outdoor
recreation and:
Which is not devoted to driveways or parking spaces;
Which is free of buildings;
Of which not more than 25% is roofed, and only for shelter purposes;
and
The minimum dimension of which is 20 feet.
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Roof space may be substituted for ground space; provided that
such roof space is available and readily accessible to all the occupants.
Balconies with a minimum dimension of six feet or more may be substituted
for 50% of the ground space; provided, that each balcony is directly
accessible to the occupants of only one dwelling unit or secondary
residence from the interior of that dwelling unit or secondary residence.
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The term employed to refer to:
Any purpose for which building or land may be arranged, designed,
intended, maintained or occupied, as, for example, dwellings.
Any occupation, business, activity or operation carried on or
intended to be carried on in a building on land, as, for example,
a food store.
A name of a building or tract of land which indicates the purpose
for which it is arranged, designed, intended, maintained or occupied,
as for example, a courthouse.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally-licensed amateur radio station operator or is used exclusively
for receive only antennas, nor does it include non-cellular telephone
service.
A portion of a lot extending open and unobstructed from ground
level to the sky along a street line and from the street line for
a depth set forth in the applicable district yard regulations.
The mean prevailing front yard setback for a block. (See section B17A-376.1)
A portion of a lot extending open and unobstructed from ground
level to the sky, except for accessory buildings or uses explicitly
permitted in a rear yard by this article, along a rear lot line and
from the rear lot line for a depth set forth in the district yard
regulations.
A portion of a lot between the front yard and the rear yard,
extending open and unobstructed from ground level to the sky, except
for accessory buildings or uses explicitly permitted in a side yard
by this article, along any lot line other than a street line or rear
lot line, and from such lot line for a width set forth in the applicable
district yard regulations.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 1; Ord. No. 85-12, § 3; Ord. No. 86-18, § 1; Ord. No. 90-27, § 3; Ord. No. 94-19, § I; Ord. No. 96-16, § I; Ord. No. 2000-14, § I; Ord. No. 2003-9, § I; Ord. No. 2006-19, § 2; Ord. No. 2006-21, § 1; Ord. No. 2008-18, § 1; Ord. No. 2011-24; amended 7-13-2020 by Ord. No. 2020-17; 7-27-2020 by Ord. No. 2020-24; 7-27-2020 by Ord. No. 2020-25; 1-23-2023 by Ord. No. 2023-02]
The borough is hereby divided into the following districts:
(a)
Residence: R1; R2; R3; R4; R4A; AH (Affordable housing); MX
(mixed use).
(b)
Business
Residence-office: RO
Residence-business: RB
Neighborhood business: NB
Central business: CB
Service business: SB
(c)
Education: E1; E2; E3; E4; E5;
(d)
Mixed residential-retail-office: MRRO.
(e)
Central historic preservation (Overlay district): HP - Central.
(f)
Jugtown historic preservation (Overlay district): HP - Jugtown.
(g)
Mercer hill historic preservation (Overlay district): HP - Mercer
Hill.
(h)
Bank Street historic preservation Overlay district) HP - Bank
Street.
(i)
Affordable
Housing Districts.
(1)
AHO-1 Affordable Housing Overlay-1 [Ord. No. 2020–17]
(2)
AHO-2 Affordable Housing Overlay-2 [Ord. No. 2020–17]
(3)
AHO-3 Affordable Housing Overlay-3 [Ord. No. 2020–17]
(4)
AH-6 Affordable Housing-6 [Ord. No. 2020–24]
(5)
AHO-6 Affordable Housing Overlay-6 [Ord. No. 2020-25]
(6)
AHO-7 Affordable Housing Overlay-7 District [Ord. No. 2023-02]
Editor's Note: Ord. No. 2020-15 repealed § B17A-202.1 – § B17A-202.6 regarding Affordable Housing. Prior history includes Ord. No. 90-32 and Ord. No. 2005-25. See Township Code, Chapter T10B, Land Use.
[Ord. No. 77-12, § 1; Ord. No. 82-30, § 2; Ord. No. 85-12, § 4; Ord. No. 86-18, § 2; Ord. No. 90-27, § 4; Ord. No. 94-19, § I; Ord. No. 2003-9, § II; 7-13-2020 by Ord. No. 2020-17; 7-27-2020 by Ord. No. 2020-24; 7-27-2020 by Ord. No. 2020-25; 12-21-2021 by Ord. No. 2021-39; Consolidated Zoning Map adopted 12-12-2022 by Ord. No.
2022-43.]
The boundaries of the districts established by section B17A-202 are hereby established as shown on the consolidated zoning map entitled "Official Zoning Map of Princeton, Mercer County, New Jersey," prepared by Deanna Stockton, P.E., Municipal Engineer, dated November 28, 2022, consisting of two sheets. Said map, together with all explanatory matters thereon, is hereby adopted and made a part of this chapter, and shall be kept up to date with the latest amendments in the office of the Municipal Engineer and the office of the Municipal Clerk for the use and benefit of the public.
The Consolidated Zoning Map is included as an attachment to this chapter.
[Ord. No. 77-1, § 2; Ord. No. 83-25, § 5]
(a)
Control over use. In all districts, subject to the provisions
of division 7 on nonconforming uses:
(1)
Any new building or any lot may be used;
(2)
The use of any existing building or any lot may be changed,
extended or enlarged; and
(3)
Any existing building may be relocated, extended, enlarged,
converted, reconstructed or structurally altered; for any purpose
permitted by the regulations for the district in which such building
or lot is located, and for no other purpose. Such use, change, relocation,
extension, enlargement, conversion, reconstruction or structural alteration
shall conform to all other applicable regulations of this division.
The requirements set forth in the district regulations for off-street
parking and loading facilities shall also apply including those situations
when inactive, unoccupied space such as storage is subsequently occupied
and used.
(b)
Control over bulk. In all districts subject to the provisions
of division 7 of this chapter on noncomplying buildings, any new building
and the relocation, enlargement, conversion and reconstruction of
any existing building shall conform to the bulk regulations set forth
in the regulations for the district in which such building is located
and to all other applicable regulations of this article.
No yard or open space required in connection with any building
or use shall be considered as providing a required yard or open space
for any other building on the same or any other lot.
No lot shall be formed from part of a lot already occupied by
a building, unless such building, all yards and open spaces connected
therewith and the remaining lot comply with all the requirements prescribed
by this article for the district in which the lot is located. No permit
shall be issued for the erection of a building on any new lot thus
created, unless such building and lot comply with all the provisions
of this article.
Nothing contained in this article shall require any change in
the plans, construction or designated use of a building complying
with existing law, if a construction permit has been duly issued and
construction has been started and is substantially under way before
the date of the first publication of notice of the public hearing
on this article or on any amendment subsequent thereto.
[Ord. No. 89-40, § III]
Land adjacent to state highways shall be regulated in conformity
with the State highway access management code adopted by the Commissioner
of Transportation under section 3 of the "State Highway Access Management
Act," P.L. 1989, c. 32; land with access to county roads and highways
shall be regulated in conformity with any access management code adopted
by the county under R.S. 27:16-1; and land with access to municipal
streets and highways shall be regulated in conformity with any municipal
access management code adopted under R.S. 40:67-1. This subsection
shall not be construed as requiring the establishment of minimum lot
sizes or minimum frontage requirements for lots adjacent to but restricted
from access to a State highway.
[Ord. No. 77-1, § 2]
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience, prosperity,
amenity and other aspects of the general welfare. Wherever the requirements
of this article differ from the requirements of another law or ordinance
covering the same subject matter, the provisions of that law or ordinance
which imposes greater restrictions upon the use or bulk of buildings
or requires larger yards, courts or other open space shall govern.
In the event of conflict in the terminology of any section or
part thereof, or between different sections of this article, the more
restrictive provisions shall govern.
[Ord. No. 97-7, § 1]
The provisions of chapter B17A, the land use regulations shall apply to all development applications hereafter filed with any approving authority in Princeton Borough, unless a particular standard or design requirement in this chapter B17A has been specifically superseded by a statewide residential site improvement standard validly adopted by the New Jersey commissioner of community affairs pursuant to N.J.A.C. 5:21. In the event of future amendments of the residential site improvement Act, N.J.S.A. 40:55D-40.1, then only those specific sections of this chapter B17A which are then covered by the Act shall be superseded by the statewide residential site improvement standards as then in effect, and all other provisions and design standards of this chapter B17A shall remain in force and shall be applicable to all land development applications in every case.
Editor's Note: Ord. No. 2020-15 repealed § B17A-205.2 through B17A-205.11 regarding Affordable Housing development fees. Prior history includes Ord. No. 95-13, Ord. No. 2005-01 and Ord. No. 2015-12. See Township Code Chapter T10B, Land Use.
