[Amended 7-12-1994 by Ord. No. 94-14; 6-28-2011 by Ord. No. 11-07; 7-12-2011 by Ord. No. 11-04; 7-12-2011 by Ord. No. 11-05; 7-12-2011 by Ord. No. 11-08]
For the purposes of this chapter, the Borough
of Garwood is hereby divided into zones differentiated as to use and
bulk regulations and to be designated as follows:
Single Family Residential Zone
|
RA
|
Single Family Residential Zone
|
RA1
|
Two Family Residential Zone
|
RB
|
Central Business District
|
CBD
|
General Business District
|
GBD
|
Community Commercial Zone
|
CC
|
Light Industrial Zone
|
LI
|
Industrial District
|
ID
|
Transportation District
|
T
|
Public Open Space Zone District
|
POS
|
Public Lands Zone District
|
PL
|
Mixed Use District Zone
|
MUD
|
[Amended 7-12-1994 by Ord. No. 94-14]
A. The location and boundaries of each of the above zone
districts are hereby established as shown on a map entitled "Zoning
Map, Borough of Garwood, New Jersey, dated January 1979," and amended
May 1991, and June 20 1994, which map accompanies and is hereby made
a part of this chapter.
B. The zone district boundary lines are generally intended
to follow street center lines, lot lines as they exist on lots of
record at the time of enactment of this chapter, railroad right-of-way
lines, and stream corridor lines and the like as indicated on the
Zone Map unless otherwise indicated by dimensions of the Zoning Map.
In case of uncertainty or disagreement as to the true location of
any zone district boundary line, the determination thereof shall lie
with the Planning Board. Any use or structure, including signage,
newspaper stands or other physical entity proposed within a public
right-of-way requires the approval of Borough Council.
[Amended 12-10-2002 by Ord. No. 02-28]
Zoning affects all land, structures and uses
thereof; zoning standards, controls and designations apply equally
to every lot, structure, and use within each district and the district
lines vertically in both directions from ground level. No land or
premises may be used and no structure can be erected, raised, moved,
enlarged, extended, altered or used for any purpose other than a purpose
permitted by this chapter for the zone district in which the land
and structure(s) are located, and all uses and construction shall
be in conformity with the regulations provided for the zone district
in which such land or structure(s) are located. Any use not expressly
permitted is prohibited.
[Amended 2-25-1997 by Ord. No. 97-02]
A. Purpose. This zone is designed for single-family dwelling
units at a moderate density level of approximately eight units per
acre.
[Amended 3-9-2004 by Ord. No. 04-03]
B. Permitted uses:
(1) Single-family detached dwelling units.
(a)
Kitchens above the first floor are not permitted. In split-level
homes, one kitchen is allowed above the lowest first level which typically
includes a garage.
[Added 5-27-2021 by Ord.
No. 21-06]
(2) Accessory uses that are customary and incidental to single-family dwelling units as described in §
106-107.
(3) Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for persons with head injuries.
(5) Public parks and playgrounds.
(6) Accessory apartment for senior citizens conforming to §
106-105.
(7) The boarding of two persons per dwelling unit in rooms
that do not constitute separate housekeeping units and where the outside
entrance to the rented rooms is the same entrance to the remainder
of the housekeeping unit. No cellar can be used as a dwelling unit
for boarders.
C. Required bulk conditions (see also chart in §
106-93.1):
[Amended 3-9-2004 by Ord. No. 04-03; 7-27-2004 by Ord. No.
04-11; 4-26-2005 by Ord. No. 05-08; 2-11-2014 by Ord. No. 14-03; 5-27-2021 by Ord. No. 21-06]
(1) Lot size: 5,000 square feet minimum.
(2) Yards:
(a)
Front: 25 feet minimum and 35 feet maximum.
(b)
Rear: 25% of the lot depth, except that in no event will a rear
yard be less than 35 feet.
(c)
Side: 10% of the lot width on both sides, except that in no
case will a side yard be less than five feet. When the lot in question
is a corner lot, the side yard shall conform to 50% of the required
front yard setbacks on said side street as determined by the front
yard requirement for the zoning district, but not less than 10 feet.
(3) Lot depth: 100 feet minimum.
(4) Lot width: 50 feet minimum.
(5) Height: 2 1/2 stories and 30 feet maximum.
(6) Open space: 50% minimum, of total lot area.
(7) Impervious lot coverage: Impervious surfaces shall cover no more
than 60% of the lot.
(8) Maximum dwelling size or floor area ratio (FAR):
Lot Size
(square feet)
|
FAR
|
Maximum Dwelling Size
(square feet)
|
---|
0-5,000
|
0.54=54%
|
Use FAR
|
5,001-6,000
|
|
2,900
|
6,001-8,000
|
|
3,200
|
8,001 and above
|
|
3,500
|
Note: To obtain floor area ratio (FAR), multiply the lot area
by the ratio. This yields the maximum square footage of the dwelling.
|
(9) External front steps: constructed of masonry or wood and no higher
than five feet.
[Amended 2-25-1997 by Ord. No. 97-02]
A. Purpose. This zone is designed for single-family dwelling
units at a density level of approximately six units per acre. It is
the intent of this zone, created via Ordinance 91-12 and adopted on
July 7, 1991, to maintain the existing integrity and lot sizes of
developed properties fronting on Center Street, the "Main Street"
of the Borough.
B. Permitted uses:
(1) Single-family detached dwelling units.
(a)
Kitchens above the first floor are not permitted. In a split-level
home, one kitchen is allowed above the lowest first level which typically
includes a garage.
[Added 5-27-2021 by Ord.
No. 21-06]
(2) Accessory uses that are customary and incidental to single-family dwelling units as described in §
106-107.
(3) Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for person with head injuries.
(5) Public parks and playgrounds.
(6) Accessory apartment for senior citizens conforming to §
106-105.
(7) The boarding of two persons per dwelling unit in rooms
that do not constitute separate housekeeping units and where the outside
entrance to the rented rooms is the same entrance to the remainder
of the housekeeping unit. No cellar can be used as a dwelling unit
for boarders.
C. Required bulk conditions (see also chart in §
106-93.1):
[Amended 7-27-2004 by Ord. No. 04-11; 4-26-2005 by Ord. No. 05-08; 2-11-2014 by Ord. No. 14-03; 5-27-2021 by Ord. No. 21-06
(1) Lot size: 7,000 square feet minimum.
(2) Yards:
(b)
Rear: 25% of the lot depth, except that in no case will a rear
yard be less than 35 feet.
(c)
Side: 10% of the lot width on both sides, except that in no
case will a side yard be less than five feet. When the lot in question
is a corner lot, the side yard shall conform to 50% of the required
front yard setbacks on said side street as determined by the front
yard requirement for the zoning district, but not less than 10 feet.
(3) Lot depth: 140 feet minimum.
(4) Lot width: 50 feet minimum.
(5) Height: 2 1/2 stories and 30 feet maximum.
(6) Open space: 60% minimum, of total lot area.
(7) Impervious lot coverage: impervious surfaces shall cover no more
than 60% of the lot.
(8) Maximum dwelling size or floor area ratio (FAR):
Lot Size
(square feet)
|
FAR
|
Maximum Dwelling Size
(square feet)
|
---|
0-5,000
|
0.54=54%
|
Use FAR
|
5,001-6,000
|
|
2,900
|
6,001-8,000
|
|
3,200
|
8,001 and above
|
|
3,500
|
Note: To obtain floor area ratio (FAR), multiply the lot area
by the ratio. This yields the maximum square footage of the dwelling.
|
(9) External front steps: Constructed of masonry or wood and no higher
than five feet.
[Amended 2-25-1997 by Ord. No. 97-02]
A. Purpose. This zone is designed to accommodate single-
and two-family dwelling units. The zone is also designed to act as
a transition zone between the single-family residential zones and
the commercial districts of the Borough.
B. Permitted uses:
(1) Single-family detached dwelling units.
(2) Two-family dwelling units when the dwelling units
are separated by unpierced ceilings and floors, not walls.
(3) Accessory uses that are customary and incidental to single- and two-family dwelling units as described in §
106-107.
(4) Community residences for the developmentally disabled,
community shelters for victims of domestic violence and community
residences for persons with head injuries.
(6) Public parks and playgrounds.
(7) Accessory apartment for senior citizens conforming to §
106-105.
(8) The boarding of two persons per dwelling unit in rooms
that do not constitute separate housekeeping units and where the outside
entrance to the rented rooms is the same entrance to the remainder
of the housekeeping unit. No cellar can be used as a dwelling unit
for boarders.
C. Required bulk conditions (see also chart in §
106-93.1):
[Amended 7-27-2004 by Ord. No. 04-11; 4-26-2005 by Ord. No.
05-08; 2-11-2014 by Ord. No. 14-03; 5-27-2021 by Ord. No. 21-06]
(1) Lot size. Every lot within this zone shall meet the minimum lot size
requirements for lots in the RA Zone.
(2) Yards:
(a)
Front: 25 feet minimum and 35 feet maximum.
(b)
Rear: 25% of the lot depth, except that in no case will a rear
yard be less than 35 feet.
(c)
Side: 10% of the lot width on both sides, except that in no
case will a side yard be less than five feet. When the lot in question
is a corner lot, the side yard shall conform to 50% of the required
front yard setbacks on said side street as determined by the front
yard requirement for the zoning district, but not less than 10 feet.
(3) Lot depth: 100 feet minimum.
(4) Lot width: 50 feet minimum.
(5) Height: for a single-family dwelling, 2 1/2 stories and 30 feet
maximum; for a two-family dwelling, 2 1/2 stories and 32 feet
maximum.
(6) Open space: for a single-family dwelling or two-family dwelling,
50% minimum.
(8) Maximum dwelling size or floor area ratio (FAR):
Lot Size
(square feet)
|
FAR
|
Maximum Dwelling Size
(square feet)
|
---|
0-5,000
|
0.54=54%
|
Use FAR
|
5,001-6,000
|
|
2,900
|
6,001-8,000
|
|
3,200
|
8,001 and above
|
|
3,500
|
Note: To obtain floor area ratio (FAR), multiply the lot area
by the ratio. This yields the maximum square footage of the dwelling.
|
(9) Impervious lot coverage: Impervious surfaces shall cover no more
than 60% of the lot.
(10)
External front steps: Constructed of masonry or wood and no
higher than five feet.
[Added 5-27-2021 by Ord.
No. 21-06]
Requirement
|
Zone RA
|
Zone RA-1
|
Zone RB
|
---|
Type of residence
|
Single-family
|
Single-family
|
Single- or two-family
|
Lot area minimum
|
5,000 square feet
|
7,000 square feet
|
5,000 square feet
|
Yards:
|
|
|
|
Front
|
25 feet minimum, 35 feet maximum
|
40 feet minimum
|
25 feet minimum, 35 feet maximum
|
Rear
|
25% of lot depth, not less than 35 feet
|
25% of lot depth, not less than 35 feet
|
25% of lot depth, not less than 35 feet
|
Side (on both sides)
|
10% of lot width, not less than 5 feet
|
10% of lot width, not less than 5 feet
|
10% of lot width, not less than 5 feet
|
Side-corner lot
|
10 feet minimum*
|
10 feet minimum**
|
10 feet minimum**
|
Lot depth minimum
|
100 feet
|
140 feet
|
100 feet
|
Lot width minimum
|
50 feet
|
50 feet
|
50 feet
|
Height
|
2 1/2 stories and 30 feet maximum
|
2 1/2 stories and 30 feet maximum
|
2 1/2 stories and 30 feet maximum for one-family dwelling;
for a two-family dwelling, 2 1/2 stories and 32 feet maximum
|
Open space
|
50% maximum of total lot area
|
60% maximum of total lot area
|
50% maximum of total lot area
|
Impervious lot coverage
|
60% maximum of lot area
|
60% maximum of lot area
|
60% maximum of lot area
|
Maximum dwelling size
|
|
|
|
Floor area ratio
|
|
|
|
0 to 5,000 square feet
|
0.54=54% (FAR)
|
0.54=54% (FAR)
|
0.54=54% (FAR)
|
5,001 to 6,000 square feet
|
2,900 square feet
|
2,900 square feet
|
2,900 square feet
|
6,001 to 8,000 square feet
|
3,200 square feet
|
3,200 square feet
|
3,200 square feet
|
8,001 and above square feet
|
3,500 square feet
|
3,500 square feet
|
3,500 square feet
|
External front steps
|
Constructed of masonry or wood and no higher than 5 feet
|
Constructed of masonry or wood and no higher than 5 feet
|
Constructed of masonry or wood and no higher than 5 feet
|
[Amended 9-14-1993 by Ord. No. 93-28; 2-25-1997 by Ord. No. 97-03; 12-26-2017 by Ord. No. 17-29]
A. Purpose. This zone is designed to be the central retail shopping
or trade area of the Borough. In order to create an active, mixed-use
area, professional offices, as well as apartment units will be permitted
on upper floors of structures. It is the intent of the standards of
this zone to encourage design that will promote pedestrian activity
and safety as well as a solid core of business uses.
B. Permitted uses. The Borough has utilized the Standard Industrial
Code (SIC) to develop categories of uses which are permitted in the
CB Zone. All uses within these categories are permitted unless specifically
excluded. A copy of this manual is available in the Construction Office
for review. These uses are only permitted when located inside permitted
structures.
(1) Retail trade uses when located on the first or ground floor of a
structure as follows: Major Group 52, building materials, hardware,
garden supply, and mobile home dealers, only the following industry
numbers - 5231 (paint, glass and wallpaper stores), 5251 (hardware
stores); Major Group 53, general merchandise stores; Major Group 54,
food stores, provided that the maximum area does not exceed 4,000
square feet; Major Group 56, apparel and accessory stores; Major Group
57, furniture, home furnishings and equipment stores; Major Group
59, miscellaneous retail excluding 5931 (used merchandise stores),
596 (nonstore retailers) and 598 (fuel oil and ice dealers) and including
industry number 5999 (miscellaneous retail stores, not elsewhere classified)
only those establishments specifically listed excluding the sale of
fireworks; and in Major Group 72, personal services, only the following
industry numbers - 7221 (photographic studios, portraits), 7231 (beauty
shops), 7241 (barber shops), 7251 (shoe repair shops, shoe shine parlors,
and hat cleaning shops), 7841 (video tape rental only).
(2) Professional offices, as defined in §
106-4 of this chapter when located on upper floors of a structure.
(3) Apartment units as defined in §
106-4 of this chapter, when located above the first floor, provided that a minimum of 15% of the apartments shall be set aside for occupancy by, and shall be deed-restricted as to their affordability to, qualified low-, very-low- and moderate-income households in accordance with all requirements of the Borough's adopted Affordable Housing Ordinance, Chapter
106, Article
XIV, of the Borough Code.
C. Required bulk conditions:
(1) Lot area: 2,000 square feet minimum.
(2) Yards:
(a)
Front. No front yard setback is required.
(b)
Rear. Where the rear property zone is adjacent to a residential
zone, a rear yard of not less than one foot for every two feet of
height of the principal structure is required. Where the rear property
line is not adjacent to a residential zone, a rear yard of five feet
is required.
(c)
Side. No side yard will be required unless the side property
line is adjacent to a residential zone, where a minimum side yard
of five feet, which is to be heavily landscaped, is required.
(3) Lot depth: 100 feet minimum.
(4) Lot width: 20 feet minimum.
(7) Building coverage. The minimum lot coverage of the principal structure
shall be 60% of the total lot area.
[Added 7-12-1994 by Ord. No. 94-14]
A. Purpose.
(1) This zone's primary purpose is to encourage and promote
the conversion of underutilized industrial properties to active, mixed-use
areas consisting of retail, professional office, and service business
uses in close proximity to the Central Business (CB) Zone and mass
transit. A second purpose is to encourage clustered uses that are
larger in scale than those that are appropriate for the CB and GB
Zones, but only of a size and intensity of a neighborhood shopping
center, not that of a regional shopping center. Finally, through large
minimum lot sizes, promotion of mixed uses, specific pedestrian and
parking design regulations, and encouragement of provisions for mass
transit access, it is the intent of this zone to encourage pedestrian
activity centered around an intensive core of mixed uses.
(2) Permitted uses in the CC Zone are to be developed
as part of comprehensive developments of different size uses. Retail
uses that will serve in support of, and not as a detriment to, those
retail uses in the CB Zone are encouraged. Parking and circulation
plans coordinated with adjacent property owners to provide shared
parking, reduce driveway openings, and promote safer and more efficient
on-site circulation patterns are encouraged. Anchor units are permitted
to be single store facilities, provided they are linked with other
uses to form one comprehensive development advancing the zone's primary
purpose. Developments in the CC Zone shall be planned in a coordinated
and comprehensive manner with careful attention paid to access, parking
pedestrians, aesthetics, landscaping, signage and lighting.
B. Permitted uses. The Borough has utilized the Standard
Industrial Code (SIC) to develop categories of uses which are permitted
in the CC Zone. The codes used are contained in the 1987 Edition of
the Executive Office of the President-Office of Management and Budget's
Standard Industrial Classification Manual, a copy of which is available
in the Construction Office for review. All uses within these categories
are permitted unless specifically excluded. These uses are only permitted
when located inside permitted structures.
(1) Retail trade uses, limited to a maximum unit size
of 17,000 square feet, unless specifically noted otherwise, as follows:
Major Group 52, building materials, hardware, garden supply, and mobile
home dealers, only the following industry numbers - 5231 (paint, glass
and wallpaper stores), 5251 (hardware stores); Major Group 53, general
merchandise stores; Major Group 54, food stores of a maximum size
of 60,000 square feet; Major Group 56, apparel and accessory stores;
Major Group 57, furniture, home furnishings and equipment stores;
Major Group 59, miscellaneous retail excluding 5932 (used merchandise
stores), 596 (non-store retailers) and 598 (fuel oil dealers), and
including in industry number 5941 (sporting goods and bicycle shops)
only those establishments specifically listed excluding ammunition-retail,
and firearms retail, and including in industry number 5999 (miscellaneous
retail stores, not elsewhere classified), only those establishments
specifically listed, excluding the sale of fireworks; Major Group
72, personal services, only the following industry numbers 7221 (photographic
studios, portraits), 7231 (beauty shops), 7241 (barber shops), 7251
(shoe repair shops, shoe shine parlors, and hat cleaning shops), and
in Major Group 78, motion pictures, industry number 784 (video tape
rental) only.
(2) Retail business services uses, limited to a maximum
unit size of 6,000 square feet, as follows: Major Group 60, banking,
excluding industry number 6059 (establishments performing functions
closely related to deposit banking not elsewhere classified); Major
Group 61, credit agencies other than banks; Major Group 62, security
and commodity brokers, dealers, exchanges and services,; Major Group
63, insurance; Major Group 64, insurance agents, brokers and service;
Major Group 65, real estate, only the following industry numbers 6531
(real estate, agents and managers), and 6541 (title abstract offices);
Major Group 72, personal services excluding 7299 (miscellaneous personal
services); Major Group 73, business services excluding industry number
7399 (business services, not elsewhere classified); Major Group 76,
miscellaneous repair services, including within 7699 (repair shops
and related services, not elsewhere classified) only those establishments
specifically listed except agricultural equipment repair, fire control
equipment repair, gunsmith shops, industrial truck repair, motorcycle
service repair, and tractor repair; Major Group 79, industry number
7911 (including dance studios and schools, but excluding dance halls),
and 7933 (bowling alleys); Major Group 86, membership organizations,
industry number 8611 (business associations), 8621 (professional membership
organizations); 8631 (labor union and similar labor organizations);
8641 (civic, social and fraternal associations) and 8651 (political
organizations) only, and Major Group 87 (engineering, accounting,
research, management, and related services), excluding industry number
8731 (commercial physical and biological research), 8733 (noncommercial
research organizations), and 8734 (testing laboratories).
(3) Professional offices, as defined in §
106-4 of this chapter, excluding industries specifically excluded above.
(5) Health
club.
[Added 7-12-2011 by Ord. No. 11-06]
C. Use limitations:
(1) The above permitted uses are only permitted when located inside permitted structures. Outdoor storage is only permitted as an accessory use in accordance with §
106-111 of this chapter.
(2) Unit sizes. Each mixed use development shall have
at least one anchor unit of a minimum 12,000 square feet. The average
unit size of retail units within the development outside of the anchor
unit shall be greater than 2,000 square feet. No one unit, other than
as specifically permitted elsewhere in this chapter, shall be greater
than 17,000 square feet or smaller than 500 square feet. (The references
to unit sizes in these regulations transfer the Borough's intent to
require a variety of uses in any CC Zone development.)
D. Bulk regulations:
(1) Lot area: 100,000 square feet minimum.
(3) Lot depth: 200 feet minimum.
(4) Lot width: 500 feet maximum.
(6) Building coverage: 35% maximum.
(7) Open space: 15% of total lot area.
E. Pedestrian plan: separate pedestrian plan is to be
submitted to the approving authority for each development in the Community
Commercial Zone. This plan is to include the following:
(1) Provision for all pedestrian users to access each
use from the public right-of-way via a separate pedestrian walk in
addition to any access through the parking area. This walk is to have
a grade separation from the parking area, and is to be a minimum of
six feet wide.
(2) Provision of covered pedestrian walkways along each
wall that is to be utilized by pedestrians for access into a unit
and, to the extent possible and practicable, connecting each unit
to one another. These walkways are to have a grade separation from
the parking area, and are to be a minimum of 10 feet wide. Such covered
walkways are not included in building coverage calculations.
F. Mass transit. All developments within the Community
Commercial Zone are to provide pedestrian access to any nearby mass
transit bus or rail facilities through such techniques as the provision
of bus shelters, commuter parking facilities, and/or direct access,
or other appropriate means acceptable to the approving authority.
G. Adjustment to bulk regulations. Where a shared parking arrangement with an adjacent property owner has been presented for approval to the approving authority pursuant to §
106-114E of this chapter, the lot area, lot width, building coverage and open space requirements set forth in §
106-95, Subsection
D (Bulk regulations) shall be calculated as though the subject property and the adjacent property with which a shared parking arrangement has been proposed are combined to form one unified parcel of land.
H. Exceptions. Notwithstanding the above lot area, depth
and width requirements, existing nonconforming single lots may be
developed for permitted uses without consolidation with other lots,
provided that the owner does not own any adjacent land and there is
no vacant adjacent land. Any such development, however, must include
a structure of a minimum of 15,000 square feet. All other bulk regulations
of this zone are applicable.
[Amended 9-14-1993 by Ord. No. 93-28; 2-25-1997 by Ord. No. 97-03]
A. Purpose. This zone is designed for retail trade, retail/business
services, professional, business and administrative offices, and commercial
uses that require larger lots and are more dependent on auto traffic.
This zone is also intended to function as a transition zone between
residential and industrial zones.
B. Permitted uses. The Borough has utilized the Standard
Industrial Code (SIC) to develop categories of uses which are permitted
in the GB Zone. All uses within these categories are permitted unless
specifically excluded. A copy of this manual is available in the Construction
Office for review. These uses are only permitted when located inside
permitted structures.
(1) Retail trade as described in §
106-94B(1) unless specifically excluded below.
(3) Retail/business service uses as follows. Major Group
60, banking, excluding industry number 6059 (establishments performing
functions closely related to deposit banking, not elsewhere classified);
Major Group 61, credit agencies other than banks; Major Group 62,
security and commodity brokers, dealers, exchanges and services; Major
Group 63, insurance; Major Group 64, insurance agents, brokers and
service; Major Group 65, real estate, only the following industry
numbers, 6531 (real estate agents and managers), and 6541 (title abstract
offices); Major Group 72, personal services excluding 7299 (miscellaneous
personal services); Major Group 73, business services excluding industry
number 7399 (business services, not elsewhere classified; Major Group
76, miscellaneous repair services, excluding 7699 (repair shops and
related services, not elsewhere classified); Major Group 79, industry
number 7911 (including dance studios and schools, but excluding dance
halls), and 7933 (bowling alleys) only; Major Group 86 (membership
organizations), 8611 (business associations), 8621 (professional membership
organizations), (civic, social and fraternal associations) and 8651
(political organizations) only.
C. Required bulk conditions:
(1) Lot area: 7,000 square feet minimum.
(2) Yards:
(b)
Rear. Where the rear property zone is adjacent
to a residential zone, a heavily landscaped rear yard of not less
than one foot for every two feet of height of the principal structure
is required, but not less than 10 feet. Where the rear property line
is not adjacent to a residential zone, a rear yard of three feet is
required.
(c)
Side. Where the side property line is adjacent
to a residential zone, or a residential property, a heavily landscaped
side yard of five feet is required; where the property is a corner
lot, a minimum side yard of 10 feet is required adjacent to the street;
a three-foot side yard is required in all other cases.
(3) Lot depth: 100 feet minimum.
(4) Lot width: 70 feet minimum.
(5) Height: three stories or 40 feet maximum.
(6) Open space: 15% minimum of total lot area.
(7) Building coverage. The minimum lot coverage of the
principal structure shall be 30% of the total lot area.
[Amended 9-14-1993 by Ord. No. 93-28; 2-25-1997 by Ord. No. 97-03]
A. Purpose. This zone is designed for industrial and
heavy commercial uses that are not appropriately located adjacent
to residential zones due to truck traffic, environmental considerations
or utilitarian or operational requirements.
B. Permitted uses. The Borough has utilized the Standard
Industrial Code (SIC) to develop categories of uses which are permitted
in the I Zone. All uses within these categories are permitted unless
specifically excluded. A copy of this manual is available in the Construction
Office for review. These uses are only permitted when located inside
permitted structures.
(1) Industrial/heavy commercial uses as follows: Major
Group 50, wholesale trade-durable goods, including 5041, sporting
and recreational goods and supplies except ammunition and firearms;
Major Group 51, wholesale trade - non-durable goods, except industry
number 5161 (chemical and allied products), group number 517 (petroleum
and petroleum products), and industry number 5198 (paints, varnishes
and supplies); Major Group 75, automotive repair, services and garages,
including group number 753 (automotive repair shops) only, Major Group
54, food stores, provided that the area shall be between 4,001 and
60,000 square feet.
(2) Light industrial and light manufacturing uses.
C. Required bulk conditions:
(1) Lot area: 30,000 square feet minimum.
(2) Yards:
(b)
Rear: 10 feet, unless additional width is required
for emergency access.
(3) Lot depth: 200 feet minimum.
(4) Lot width: 100 feet minimum.
(6) Open space: 15% minimum of total lot area.
(7) Building coverage. The minimum lot coverage of the
principal structure shall be 40% of the total lot area.
[Amended 7-12-1994 by Ord. No. 94-14; 2-25-1997 by Ord. No. 97-03]
A. Purpose. This zone is designed to protect and concentrate
those commercial and industrial/manufacturing uses that are currently
viable and those sites for which industrial/commercial reuse is feasible
and probable. It is also designed for those industrial and heavy commercial
uses which have a minimum of environmental impacts but have vehicular
traffic, or utilitarian or operational requirements that make them
more appropriately located adjacent to major arterials and these compatible
land uses, rather than residential uses.
B. Permitted uses. The Borough has utilized the Standard
Industrial Code (SIC) to develop categories of uses which are permitted
in the LI Zone. The codes used are contained in the 1987 Edition of
the Executive Office of the President-Office of Management and Budget's
Standard Industrial Classification Manual, a copy of which is available
in the Construction Office for review. All uses within these categories
are permitted unless specifically excluded. These uses are only permitted
when located inside permitted structures.
(1) Industrial/heavy commercial uses as follows: Major
Group 50, wholesale trade-durable goods, including 5091, sporting
and recreational goods and supplies, except ammunition and firearms;
Major Group 51, wholesale trade-non-durable goods, except 516 (chemical
and allied products), Group Number 517 (petroleum and petroleum products),
5198 (paints, varnishes and supplies); Major Group 75, automotive
repair, services and garages, including Group Number 753 (automotive
repair shops) only.
(2) Light industrial and manufacturing uses as follows:
Major Group 25, furniture and fixtures; Major Group 26, paper and
related products; Major Group 27, printing and publishing; Major Group
34, fabricated metals, except machinery; Major Group 35, machinery
and computers; Major Group 36, electronic and electrical, except computers;
Major Group 38, measuring, analyzing and controlling instruments,
photogenic, medical and optical, and watches and clocks.
(3) Major Group 54, food stores of not more than 60,000
square feet.
C. Use limitations:
(1) Warehouse establishments that are designed for selling
merchandise in the above group categories, rather than storing such
merchandise are not permitted in this zone. Such establishments are
considered retail trade uses.
(2) The above permitted uses are only permitted when located inside permitted structures. Outdoor storage is only permitted as an accessory use in accordance with §
106-111 of this chapter.
D. Bulk regulations:
(1) Lot area: 30,000 square feet minimum.
(3) Lot depth: 200 feet minimum.
(4) Lot width: 100 feet minimum.
(6) Building coverage: 40% minimum.
(7) Open space: 15% of total lot area minimum.
E. Adjustment to bulk regulations. Where a shared parking arrangement with an adjacent property owner has been presented for approval to the approving authority pursuant to §
106-114E of this chapter, the lot area, lot width, building coverage, and open space requirements set forth in §
106-98, Subsection
D (Bulk regulations) shall be calculated as though the subject property and the adjacent property with which a shared parking arrangement has been proposed are combined to form one unified parcel of land.
[Added 6-28-2011 by Ord. No. 11-07]
A. Purpose. The zone is designed to contain all of the publicly owned
tracts of land in the Borough which are utilized for public transportation.
There are approximately 116.31 +/- acres of land which contain the
street rights-of-way and transportation rights-of-way in the Borough
of Garwood. The Transportation Zone District is being created to establish
a separate zone for all of the publicly owned street rights-of-way
and transportation rights-of-way as depicted on the Zoning Map, last
amended April 2011.
B. Permitted uses:
(1)
Public streets and rights-of-way.
(2)
Public transportation rights-of-way.
C. Required bulk conditions:
[Added 7-12-2011 by Ord. No. 11-04]
A. Purpose. The zone is designed to contain all of the publicly owned
parks, playgrounds and other public open spaces owned by the Borough.
B. Permitted uses:
(1)
Public parks, playgrounds, athletic fields, open space and other
publicly owned recreational areas whether developed or undeveloped.
C. Required bulk conditions:
[Added 7-12-2011 by Ord. No. 11-05]
A. Purpose. The zone is designed to contain all of the publicly owned
tracts of land in the Borough which are owned by the Borough or Board
of Education and are developed with buildings and structures.
B. Permitted uses:
(1)
Public buildings and public schools, grounds and facilities.
(2)
Municipal buildings and municipal grounds and facilities.
C. Required bulk conditions:
(6)
Open space: 15% minimum of the total lot area.
[Added 7-12-2011 by Ord. No. 11-08]
The following development regulations and schedule of area,
yard and building requirements shall apply to the Mixed Use District.
A. Purpose. The MUD Zone has been created from properties which were
formerly located in the Industrial District, being the same properties
which were part of the Chestnut Redevelopment Plan.
B. Land uses and building requirements: The following permitted land
uses and building requirements shall be applicable to all development
in the MUD Zone.
(1)
Permitted land uses.
(a)
The permitted uses are: Residential/retail commercial.
[1] Single bedroom commuter-type apartments shall be
permitted within the limits of Block 109, Lot 1, and Block 106, Lot
9.10. No residential apartments shall be permitted on the ground floor.
Residential apartments shall only be on the second and third floors.
The maximum square feet of the apartments shall be 1,200 square feet.
[2] Age-restricted townhouses shall be permitted within
the limits of Block 106, Lot 8.10, which satisfy the legal definition
of senior housing per the FHA which can legally exclude families with
children. In accordance with the FHA, at least 80% of the dwelling
units shall house at least one person who is 55 or older. No more
than 20% of the dwelling units (i.e., eight units) may be occupied
by households containing at least one person who may be less than
55 years but is at least 50 years old. No persons under the age of
18 years of age may permanently reside within the townhouse units.
All parking is to be in the rear of the dwelling units.
[3] Small-scale retail. The permitted retail/commercial uses shall be permitted within the limits of Block 109, Lot 1, and Block 106, Lot 9.10, and shall be the same as those permitted in Garwood's Community Commercial Zone and as specified under Chapter
106.
(b)
Limitations placed on the retail/commercial uses.
[1] No retail/commercial store shall be greater than
6,000 square feet in GFA. The maximum amount of retail square footage
shall not exceed 21,500 square feet.
[2] All retail uses must be placed within 180 linear
feet of North Avenue.
[3] No drive-through operations shall be permitted.
[4] No twenty-four-hour-a-day operations shall be permitted.
[5] The following uses shall be prohibited: pharmacy,
nail salons, beauty parlors, tattoo/body piercing, mobile homes sales,
hardware stores, barber shops, hat cleaning, video stores, motorcycle/auto/truck
repairs.
[6] The land use designation contemplates a mixed-use
development that may include residential uses consisting of one-bedroom
market-rate apartments constructed above retail and commercial uses
on the ground floor. The apartments shall be designed with commuters
in mind. Since the development will not contain sufficient open space
or grassed areas, the apartments shall be limited to single-bedroom
apartments.
(2)
Building requirements. The following requirements shall be applicable
to all development in the MUD Zone.
(a)
Building height requirements. The maximum building height shall
be 3 1/2 stories or 45 feet for the residential/retail commercial
buildings, and three stories or 35 feet for the age-restricted townhouses.
The building height shall be measured as defined by the Borough's
Ordinance.
(b)
Density requirements. The maximum density shall be 12 to 15
dwelling units per acre (du/acre) for the age-restricted senior townhouse
units and 22.5 dwelling units per acre for the one-bedroom apartment
units. The Planning Board per the square footage of the dwelling units
can adjust these listed limits.
(c)
Front, side and rear yard setback requirements.
|
|
|
Residential commercial/retail
|
Townhouses
|
---|
|
Lot area, minimum
|
1.5 acres
|
1.5 acres
|
|
Lot width, minimum
|
200 feet
|
200 feet
|
|
Lot depth, minimum
|
200 feet
|
200 feet
|
|
Yards:
|
|
|
|
|
Front yard setback, minimum
|
0 feet
|
20 feet
|
|
|
Side yard setback, minimum
|
0 feet
|
20 feet
|
|
|
Rear yard setback, minimum
|
20 feet
|
20 feet
|
|
Lot coverage, minimum
|
75% combined
|
75%
|
|
Maximum building coverage
|
35%
|
35%
|
(d)
Open space and landscaping requirements.
[1] The minimum lot area devoted to landscaped open
space shall be 20% of the total site.
[2] With prior written permission from the Borough
Council, the development may utilize the sidewalk area in its streetscape
plan. Landscaping planted alongside the existing curbline shall be
considered to buffer the pedestrian traffic from the automobiles traveling
along the North Avenue corridor. The landscape areas shall be defined
by a low-lying wrought iron style fence. Outdoor dining, tables and
umbrellas may be incorporated within the streetscape design in keeping
with the "Design Refinements" prepared by the applicant and approved
by the Borough Planning Board on February 23, 2005.
[3] A "Cafe Zone" is proposed at the intersection of
Chestnut Street and North Avenue. This Cafe Zone may be partially
located within the right-of-way of the Borough of Garwood. Prior to
receiving construction permits for any development within the Cafe
Zone, detailed plans must be approved by the Planning Board.
(e)
Off-street parking requirements.
[1] Off-street parking serving the residential units
shall be per the Residential Site Improvement Standards (RSIS).
[2] Off-street parking serving the retail commercial
uses shall be provided on-site in a ratio of one off-street parking
space for each 300 square feet of gross building floor area devoted
to retail commercial use.
[3] Each off-street parking space shall have a minimum
width of nine feet, a minimum length of 18 feet and shall have direct
access to an aisle that is no less than 24 feet in width.
(3)
Additional development standards and regulations. All development
in the MUD shall comply with the following additional development
standards and regulations.
(a)
Building design.
[1] The layout and design of all buildings shall be
an integral part of the total development of the parcel. The design
of buildings must endeavor to achieve excellence in scale, form, functional
utility, appropriateness and relationship to adjoining buildings.
All facades and building materials must be submitted in a complete
design package to the Planning Board for approval. The design package
shall include facade materials, windows, doors, surface covers, rooflines,
all exterior finishes, lighting (metal halide only), waste treatment,
floor plans, color schemes and like items. The developer shall submit
a detailed design package prior to seeking building permits.
[2] The developer shall either:
[a] Provide the age-restricted townhouse units with
a complete residential fire sprinkler system; or
[b] Design the construction of the age-restricted townhouse
units to comply with a two-hour fire rating subject to approval by
the Garwood Fire Official.
[3] The developer is to construct the retail and apartment
units fronting along North Avenue with a complete fire sprinkler system.
This system is be designed by a licensed mechanical engineer with
plans and specifications submitted to the Fire Subcode Official and
Garwood Fire Official for approval.
[4] Contained within the developer's "Design Refinements"
dated January 27, 2005, are design elements labeled as a "Kit of Parts."
All building facade designs and elements (Kit of Parts) must be submitted
and approved by the Borough Zoning Officer before building permits
are issued. The storefront facade, design and Kit of Parts are to
be in keeping with the approved Design Refinements.
(b)
Off-street parking facilities. Off-street parking facilities
shall be provided with convenient and safe access to public rights-of-way
and shall be illuminated so as to reflect light away from any adjoining
property.
(c)
Signage.
[1] Signage for the retail/commercial space shall be
an essential and permanent component of the building design and shall
be compatible with building materials and colors. Only signs that
identify uses within the building are permitted. The applicant must
supply a full sign package to the Planning Board for approval. All
signage must be approved by the Planning Board prior to issuance of
building permits.
[2] The developer submitted and received approval of
a signage package at the February 23, 2005, Planning Board Hearing.
The elements of the signage designs are specified within the retail
signage criteria specified with the Design Refinements. In addition
to the elements specified within the Design Refinements, the Borough
Planning Board has added the following stipulations:
[a] Maximum square footage of blade signs shall be
four square feet.
[b] The MUD is to utilize the requirements of the Community
Commercial Zone of the Borough of Garwood which permits the sign square
footage to be two times the building's linear footage of frontage.
[c] All signs within the MUD are to conform to the
Kit of Parts as specified within the Design Refinements.
[d] All signs must be substantially consistent with
the character of the facility and the building elements.
[e] No flashing signs are permitted.
[f] All sign designs along with the proposed colors
are to be approved by the Borough's Planner prior to issuance of any
building permits. The Borough Planner shall deem if the sign design
meets the criteria established within the Design Refinements approved
by the Planning Board.
[g] All signs are to indirectly illuminated.
[Added 11-14-2017 by Ord.
No. 17-23]
A. The Garwood Mall Overlay Zone district is hereby established.
B. The Zoning Map shall be and is hereby amended and supplemented by the
addition of the Garwood Mall Overlay Zone, incorporating the following
properties into said overlay zone: Block 402, Lot 5; Block 1000, Lot
2.
C. The purpose of the zone is to provide a realistic opportunity to
address the Borough's unmet affordable housing need obligation.
D. The following are the principal permitted uses:
(1)
Multifamily residential uses, where a fifteen-percent affordable
residential rental component set-aside or a twenty-percent affordable
for-sale component set-aside is provided in accordance with the applicable
Borough ordinances.
(2)
Existing permitted uses, permitted by the underlying zone, are
not modified or affected by the establishment of this overlay zone.
(3)
Development of the site in the Garwood Mall Overlay Zone is
permitted for a permitted use authorized pursuant to the underlying
zone or a use permitted in the overlay zone, or both.
E. The affordable housing component shall be compliant with Article
XIV, Affordable Housing, of this chapter.
F. All conditional uses permitted in the underlying zone in this zone
shall continue to be conditional uses.
G. Permitted accessory structures, buildings and uses:
(1)
All accessory uses permitted in the underlying zones.
(2)
Private residential garages and off-street parking. Standalone
structured parking decks are prohibited.
(5)
Streetscape improvements.
(6)
Fences in accordance with the applicable Borough ordinances.
(7)
Signage shall be subject to the requirements of the applicable
Borough ordinances.
(8)
Other customary accessory uses and structures such as, but not
limited to, a club room, fitness areas and swimming pools for the
private use and enjoyment of residents and their guests.
H. Bulk regulations:
(1)
The bulk regulations for the Garwood Mall Overlay Zone multifamily
residential use are as follows:
Minimum lot size
|
6 acres
|
Minimum required lot width
|
200 feet
|
Minimum required lot depth
|
200 feet
|
Minimum required front yard
|
20 feet
|
Minimum required side yard
|
20 feet
|
Minimum required rear yard
|
20 feet
|
Maximum building height
|
50 feet
|
Maximum building height
|
4 stories
|
Maximum building coverage
|
40%
|
Maximum impervious coverage
|
75%
|
Density
|
20 du/ac
|
(2)
No more than two bedrooms shall be permitted in any market-rate
unit.
I. Parking and loading.
(1)
Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21,
shall be referenced to determine the number of required parking spaces,
size of parking spaces, and construction details concerning project
streets and drives, sidewalks, water supply and sanitary sewers. Barrier-free
parking spaces shall be provided and signed in accordance with the
standards of the New Jersey Barrier Free Code.
(2)
Structured parking is permitted. The number of parking stories
shall be counted towards the number of stories permitted.
J. Landscape standards.
(1)
A landscape plan prepared by a licensed landscape architect,
licensed by the New Jersey State Board of Architects, or other qualified
individual shall be submitted as part of any development plan. The
plan shall include detailed construction drawings for all site landscaping,
common areas, recreation areas and all street frontage improvements
including but not limited to street trees, ornamental lighting and
brick paver walkways.
(2)
A minimum planted buffer of not less than 15 feet shall be established
and maintained around the perimeter of the tract developed pursuant
to this section. This perimeter buffer shall be planted with a dense
grouping of landscape materials which may include fencing, decorative
walls and berms. Site driveways, with or without sidewalk(s) connecting
the public street to the site, are permitted to pierce this required
buffer, as are underground utility and drainage connections.
(3)
All portions of the property not utilized by buildings or paved
surfaces shall be landscaped utilizing a variety of landscape material,
including but not limited to landscaped fencing, shrubbery, lawn area,
ground cover, and trees. The use of coniferous and/or deciduous trees
native to the area shall be used to lessen the visual impact for the
structures and paved areas.
(4)
Landscaping shall be designed to create a complete integration
of the various elements of site design.
K. An indoor trash and recycling area for the collection and storage
of generated trash and recyclable materials shall be provided within
the principal building.
A. The following uses are permitted only in the zones
as specified in this section and upon a showing that all conditions
have been satisfied. Uses that cannot satisfy each and every condition
that allows that use to exist in a zone as a conforming use require
the filing of an application with the Planning Board for a use variance.
[Amended 12-10-2002 by Ord. No. 02-28]
B. Conditional uses as enumerated in this section shall
be permitted upon authorization by the Planning Board, provided that
such uses shall be found by the Planning Board to comply with the
following requirements:
(1) That the proposed use is a conditional use as set
forth in this section.
(2) That the use is so designed, located, and proposed
to be operated that the public health, safety, welfare and convenience
will be protected.
(3) That the use will not cause substantial injury to
the value of other property in the area in which it is to be located.
(4) That the use will be compatible with adjoining development
and the proposed character of the zone district in which it is to
be located.
(5) That the use conforms with all applicable regulations
governing the district where it is to be located in accordance with
this section.
[Amended 7-12-1994 by Ord. No. 94-14; 2-25-1997 by Ord. No. 97-03; 7-13-1999 by Ord. No. 99-14; 2-14-2019 by Ord. No. 19-02; 5-23-2019 by Ord. No. 19-07]
Eating and drinking establishments, including taverns, shall
be permitted as conditional uses in the Central Business (CB), General
Business (GB), and Community Commercial (CC) Zones, in accordance
with the following requirements:
A. All such establishments shall be standard table/counter or self-service
restaurants. No establishments that have as a means of sales the ordering
of food at a window through which the food is passed from inside to
outside, or which have curb service, or which provide a drive-through
service are permitted. Take-out service accessory to a standard table/counter
is permitted.
D. Accessory outdoor or patio seating is permitted, provided it is in
accordance with the following:
(1)
No more than 25% of the total on-site seating may be provided
outdoors.
(2)
Seating contained in the outdoor dining area shall not be counted
in determining parking space requirements for an eating and drinking
establishment hereunder.
(3)
The outdoor dining area must be directly accessible to and from
the interior dining area. Areas that must be accessed via public sidewalks
or property not controlled by the applicant or property owner are
not considered directly accessible.
(4)
No such areas shall be permitted within the public right-of-way, except as permitted by §
106-100E of this Code.
(5)
No food shall be prepared in the outdoor dining area. Food and
drink served in the outdoor dining area shall be the same, and shall
be prepared the same, as that served in the indoor dining area.
(6)
Property owners must submit an outdoor dining application to
the Zoning Officer, who, together with the Police, Fire, and Health
Departments, shall review the application, determine compliance with
all applicable Borough requirements, and either approve or deny the
application within 20 days of submission. Property owners are not
required to obtain separate site plan approval from the Planning Board.
(7)
The property owner shall submit a layout of the proposed dining
area in the application, which shall include, but not be limited to,
a depiction of the maximum size of the area, the maximum number of
seats and tables, the general layout of seating areas, tables, and
aisles, and all aisles and routes of ingress and egress, and any other
detail(s) the Zoning Officer deems necessary to render a decision.
(8)
A minimum of one trash and recycling receptacle provided for
every 20 seats shall be provided, with at least one to be located
at both the exit area(s) into the public right-of-way and the interior
dining area.
(9)
A six-foot closed fence and evergreen screening shall be provided
at all property lines/yards adjacent to the outdoor dining area, except
front yards, if the outdoor dining area is adjacent to a residential
zone.
(10)
The maximum amount of seating is to be in accordance with the
International Building Code.
(11)
All such establishments that serve food in disposable containers
shall be subject to the following refuse preventative measures:
(a)
The property owner shall include a maintenance plan detailing
how waste will be removed on site and within 100 feet of the outdoor
dining area, which must be submitted and approved by the Health Officer.
This plan must show the number and location of trash/recycling receptacles
and the frequency with which the tables and surrounding areas and
adjacent public and private properties will be surveyed for litter.
The property owner is responsible for keeping the outdoor dining area
and adjacent public and private areas free and clear of debris that
is generated from the establishment. Areas must be cleaned as required
thereunder and at the time the establishment is closed for the day.
(b)
A program and plan must be submitted to the Health Officer for
recycling of all disposable containers that can be recycled.
(12)
The outdoor dining area may not be open for business earlier
or later than that of the principal establishment.
(13)
The property owner shall not direct or permit to be directed
to or from the outdoor dining area any bell, siren, whistle, loudspeaker,
or public address system, radio, or similar device.
(14)
Alcoholic beverages may be served in outdoor dining area(s)
by establishments that have a valid alcoholic beverage control plenary
retail consumption license, but only in licensed areas and in accordance
with the license terms.
(15)
Permits for outdoor dining areas shall be valid for one year
from the date of the issuance of the permit by the Zoning Officer.
Permit owners shall obtain an annual permit each year they wish to
operate the outdoor dining area by submitting an annual application
to the Zoning Officer as outlined above.
(16)
The annual permit fee shall be as follows:
(b)
Eleven to 25 seats: $100.
(c)
Twenty-six to 50 seats: $150.
(d)
Fifty-one or more seats: $200.
E. Any eating or dinking establishment that has provisions for tables
for interior service, upon application and issuance of a permit pursuant
to this subsection, may utilize part of the sidewalk in front of its
place of business for a sidewalk cafe, provided it is in accordance
with the following:
(1)
Application for such permit shall be made to and such permits
shall be granted by the Borough Clerk. The application shall be accompanied
by a schematic diagram, showing the location of all aspects of the
cafe. All applications shall be reviewed by and approved by the Borough
Health Officer prior to issuance of the permit by the Borough Clerk.
Permits shall be granted only if the proposed sidewalk cafe conforms
with the following, which must be maintained for the duration of the
existence of the sidewalk cafe:
(a)
The cafe shall be confined to the area directly in front of
the existing eating and drinking establishment, unless written permission
of any adjacent property owner and ground-floor occupant is submitted
and filed with the application.
(b)
Any cafe shall not interfere with access to the building entrance
or exit, basement entrance (if any), fire hydrant, bus stop, parking
meter, or public alleyway.
(c)
There must be a minimum of four feet of usable, unobstructed
pedestrian sidewalk that remains open to maintain pedestrian access.
(d)
Applicants shall be required to submit proof of liability insurance
for the proposed sidewalk cafe, naming the Borough of Garwood as an
additional insured, with minimum limits of liability of not less than
$1,000,000 for all claims for bodily injury or death of any person
as a direct or indirect result of the operation of the sidewalk cafe,
or for injury to any person occurring on the premises occupied by
such cafe, and further providing for the payment of not less than
$10,000 to satisfy claims for property damage as a direct or indirect
result of the operation of such cafe.
(e)
No permit shall be issued unless the licensee shall have first
executed and filed with the Municipal Clerk an indemnification agreement,
in the form prepared or approved by the Borough Attorney, in which
the permitee shall agree to forever defend, protect, indemnify, and
save harmless the Borough of Garwood, its officers, agents, and employees
from and against any and all claims, causes of action, injuries, losses,
damages, expenses, attorney's fees, fees and costs arising out of
or which may arise out of, or be alleged to arise out of, the permittee's
operation of the sidewalk cafe.
(f)
All dishes, utensils, containers, tablecloths, napkins, cutlery
and other items used in the operation or decoration of the sidewalk
cafe shall be made of nondisposable and reusable materials. The furniture
to be used in the operation of the sidewalk cafe shall be made of
durable material, such as sturdy vinyl/plastic, wrought iron, or wood.
The sidewalk area utilized by the cafe shall be kept clean and free
of litter. Sidewalks shall be washed daily. If required by the Health
Officer, trash receptacles shall be provided as specified by the Health
Officer.
(g)
The sidewalk cafe may operate no later than 11:00 p.m. on any
day, and only during operating hours of the establishment. No furniture
or other items of the sidewalk cafe shall remain outside of the eating
and drinking establishment for more than 15 minutes after 11:00 p.m.
or after the close of operating hours of the establishment, whichever
is earlier.
(h)
Beer and wine shall be the only permitted alcoholic beverages
to be consumed at a sidewalk cafe that does not hold a valid plenary
retail license.
(i)
Nothing contained in this section shall be construed to amend any provision of Chapter
52 (Alcoholic Beverages) of this Code or to amend or change any provision of any alcoholic beverage control license. Alcoholic beverages shall be permitted to be served at a sidewalk cafe that holds a valid plenary retail licenses under this subsection as follows:
[1]
Consumption of alcoholic beverages shall be permitted only at
sidewalk cafes that have wait staff serving patrons.
[2]
No establishment may serve alcoholic beverages at a sidewalk
cafe until and unless the establishment applies for and receives approval
of a place-to-place transfer of its license for expansion of the premises
to include the sidewalk cafe area.
[3]
Nothing contained in this subsection shall be construed to permit
service or consumption of alcoholic beverages at any time or at any
place or in any manner other than as permitted under this subsection.
(j)
No music or any sound device shall be played outdoors.
(k)
Any sidewalk cafe permit may be suspended or revoked by the
Borough Health Officer upon violation of this section or a determination
by the Health Officer that continued operation of the sidewalk cafe
is inimical to the public health and welfare. Such suspension or revocation
shall be in writing and delivered personally or mailed by certified
mail to the permit holder at the address set forth in the application.
Any suspension or revocation issued by the Borough Health Officer
may be appealed to the Mayor and Council within 15 days of the mailing
of such notice.
(l)
Permits for sidewalk cafe shall be valid for one year from the
date of the issuance of the permit by the Borough Clerk. Permit owners
shall obtain an annual permit each year they wish to operate the outdoor
dining area by submitting an annual application to the Borough Clerk
as outlined above.
(m)
The annual permit fee shall be as follows:
[2]
Eleven to 25 seats: $100.
[3]
Twenty-six to 50 seats: $150.
[4]
Fifty-one or more seats: $200.
(2)
Operation of any sidewalk cafe shall be in accordance with this
section and shall be subject to enforcement by the Health Officer
and Police Department.
(a)
Any person or entity violating any provision of this article
shall, upon conviction, be punished by a fine not exceeding $500,
or by imprisonment for a term not exceeding 30 days, or both. Each
separate offense shall be deemed committed on each day during which
a violation occurs or continues. Additionally, any violation of the
provisions of this section shall constitute sufficient grounds for
the revocation, after due notice and hearing, of any permit issued
under this section.
(3)
The Health Officer may establish rules and regulations pursuant
to this section, which rules and regulations shall be filed with the
Borough Clerk and shall be available for public inspection.
[Amended 7-12-1994 by Ord. No. 94-14]
Automobile service stations shall be permitted
as conditional uses in the Light Industrial Zone, provided that the
following conditions are maintained:
A. Such uses are permitted only on streets with an average
daily traffic volume in excess of 18,000 vehicles.
B. There shall be no more than four automobile service
stations in Garwood.
C. All pump islands shall be located so that there is
sufficient space within the property lines to accommodate three waiting
vehicles from each pump island in each direction in addition to those
being served. Under no circumstances shall the public sidewalk area
be included in this area or be blocked by autos entering or exiting
the facility. No pump shall be located closer than 20 feet to any
property line except the front property line where a minimum fifteen-foot
setback is required. A landscaped, curbed safety island at least five
feet in width shall be located between the first pump island service
aisle and any right-of-way line.
D. All fuel tanks, and other such containers for the
bulk storage of flammable materials, either liquid or solid, shall
be installed underground at sufficient depth to insure against hazard
of fire or explosion and at least 20 feet from any property line.
No vents shall be located closer than 20 feet to a property line.
Proof of compliance with NJDEP tank regulations must be submitted.
E. All washing, lubricating, draining or repairs of other
than an incidental nature (such as tire, battery or wiper changes)
shall be conducted entirely within an enclosed structure. Provisions
shall be made for the collection and storage of such liquids and the
floor drains of the structure shall not be connected to the sanitary
sewer system.
F. Proximity to other uses/location of exits and entrances:
(1)
No automobile service station shall be located
closer than 200 feet (measured along the street line on the same or
opposite side of the street) to any public or private school, playground,
institutional use (churches, hospitals, etc.), public library, fire
station, or other public gathering place.
(2)
No service station shall be located closer than
1,000 feet to another service station.
(3)
Vehicular access to automobile service stations
shall be limited to two one-way twenty-foot maximum width driveways
with maximum twenty-six-foot curb cuts. Such stations located on corner
lots may have three curb cuts of the maximum width stated above, with
one driveway being limited to egress only and the others to ingress
only. No driveway shall be located closer than 25 feet to the intersection
of any two public rights-of-way. All egress driveways shall be limited
to, and designed for, right-hand turns only.
G. The minimum lot area for a service station shall be 14,000 square feet. Minimum lot frontage shall be 140 feet. The minimum front yard setback for structures except pump islands as stated above, shall be 40 feet. The minimum side yard setback for all structures shall be 20 feet. The minimum rear yard setback is three feet. Maximum lot coverage is 20%. All other bulk regulations are as required for other uses in the Industrial Zone and found in §
106-97 of this chapter unless specifically stated otherwise in this section.
H. Canopies.
(1)
Canopies, or weather protection structures constructed
over the pump island service areas, are regulated as follows:
(a)
Minimum front yard setback: 15 feet.
(b)
Minimum side yard setback: 20 feet.
(c)
Minimum rear yard setback: 25 feet.
(2)
Canopies are not included in lot coverage calculations.
They shall cover no larger an area than 12 feet by 25 feet for each
automobile the facility can service under maximum capacity. Maximum
capacity shall mean the greatest possible number of automobiles being
serviced by a pump island at the same time, which shall be determined
by dividing the length of the pump islands by 20 feet and multiplying
by the number of sides from which the pump island can be serviced.
I. All service stations, whether repairs are performed
on site or not, shall have a principal masonry construction structure
of not less than 100 square feet.
J. No vehicles other than those under or awaiting repair or awaiting delivery or pickup after repair shall be stored on the premises. No area on the lot which is required for the movement of vehicles in and about the facility shall be used for complying with parking requirements of §
106-114.
K. Any retail sales must be related to auto servicing
or repair except for limited promotional items for a limited time.
(Time period cannot exceed one month in duration.) Accessory goods
for sale may be displayed out of doors on the pump and building islands
only and shall be stored in a suitable rack or container. No food
or beverage for human consumption shall be permitted to be sold except
those that are sold through automatic vending machines.
L. All service stations shall provide air pressure service,
and all stations that perform auto repairs shall accept used oil from
off site auto oil changes. All service stations shall provide rest
room facilities for the general public.
[Amended 7-12-1994 by Ord. No. 94-14]
Automobile washing establishments shall be permitted
as accessory uses in the Light Industrial Zone, provided that the
following conditions are maintained:
A. All such uses shall be accessory to permitted automobile service stations, and/or minor and major automobile repair stations. Section
106-107E of this chapter is not applicable to this section.
B. All bulk regulations required for uses in the Industrial Zone and found in §
106-97 of this chapter shall be required unless specifically stated otherwise in this section.
C. All auto washing shall be conducted inside a structure.
D. All such establishments shall provide adequate on-site
stacking area for four times the maximum capacity of the washing facility
for autos awaiting entrance into the facility and adequate area after
exiting the facility for four autos so as to be usable for hand finishing
of the washing process. Maximum capacity shall mean the greatest possible
number of automobiles undergoing some phase of washing at the same
time, which shall be determined by dividing the interior equipment
line by 20 feet. The defined stacking and exiting areas shall be no
closer than 20 feet to any street right-of-way line. More than one
defined aisle may be utilized to satisfy these conditions. Under no
circumstances shall the public sidewalk area be included in this area
or be blocked by autos entering or exiting the facility.
E. All such establishments shall have a maximum of two
twenty-foot-wide one-way driveways with maximum twenty-six-foot curb
cuts. Any areas for vacuuming auto interiors, or other auto finishing
shall be accessible through an interior circulation pattern; facilities
that require drivers to enter the street and return to the site for
these other areas shall not be permitted.
F. Any retail sales at the washing facility must be related
to auto washing. No auto lubricants, parts, or other services shall
be sold at the washing facility and no repairs or maintenance, minor
or major, other than waxing or finishing the exterior of the auto,
shall be conducted on the washing establishment premises.
G. All facilities shall submit proof of compliance with
NJDEP regulations concerning water use and recycling.
[Amended 7-12-1994 by Ord. No. 94-14]
Institutional uses, as defined below and in §
106-4 of this chapter, shall be permitted as conditional uses in the following zones, provided that the following conditions are maintained:
A. Houses of worship - all zones.
B. Elementary schools - all zones except Central Business,
Community Commercial, Light Industrial, Industrial/Commercial.
C. Emergency medical care facilities - Community Commercial.
D. Governmental use - all zones.
(1)
Minimum lot width: 160 feet.
(2)
Minimum lot depth: 100 feet.
(3)
Minimum lot area: 16,000 square feet.
(4)
There shall be a heavily landscaped buffer of
a minimum 15 feet in width provided on the subject premises adjacent
to any residential properties and zones.
(5)
Minimum front yard: 25 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Minimum side yard: 25 feet, on both sides.
(9)
Maximum height. No structure shall exceed 2 1/2
stories or 35 feet in height, whichever is less, except that steeples
on houses of worship may extend to 45 feet in height.
A. In an effort to promote affordable senior citizen
housing, it is the stated purpose of this section to provide another
type of housing unit that will serve to assist the senior residents
of the Borough to remain in the Borough despite the continuing escalation
of property taxes. In response to numerous requests made to the Boards
to allow seniors to rent out a portion of their residences for additional
income, and to attempt to halt the proliferation of unauthorized conversions
of single-family dwelling units to two-family units, while maintaining
the single-family character in single-family residential zones, it
is the Borough's policy to allow accessory senior citizen apartments
in accordance with the following regulations (the Zoning Officer shall
maintain a current record of all accessory senior citizen apartments):
B. Senior citizen accessory apartments shall be permitted
as accessory uses to single-family dwelling units in the RA, RA1 and
RB Zones, provided that the following conditions are maintained:
(1)
All owners of residences with accessory units
shall obtain an annual accessory residential unit license from the
Borough Zoning Officer. The terms of this license are to be defined
by the governing body, but shall include requirements for annual building
and fire safety inspections of the accessory unit. The Zoning Officer
shall maintain a current record of all senior citizen accessory apartments.
(2)
The primary unit within the structure must be
occupied by a senior citizen housekeeping unit. Within 60 days of
the moving or death of the senior, the new property owner will be
required to remove all physical elements that separated the two units
and remove all vestiges of the separate housekeeping unit, including
the kitchen facilities. An occupancy of the primary unit by another
qualified senior will allow the continuation of the accessory unit.
(3)
Senior citizen accessory apartments may not
be maintained in cellars or attics.
(4)
The senior citizen submitting an application
to allow an accessory apartment shall submit proof of low-moderate
income financial status to the Borough Treasurer. This proof shall
consist of copies of the filed present and prior year's federal income
tax form. Based upon this submittal, the Borough Treasurer shall determine
if the senior citizen qualifies as a low or moderate income household
as defined within these regulations. Qualifying as such shall satisfy
the financial condition of these regulations. The documents that are
submitted to the Borough Treasurer shall not be considered public
information and shall be private documents reviewed only by the Borough
Treasurer. The Borough Treasurer shall advise the approving authority
of the qualifying status in writing.
(5)
Parking for the single-family residence must be as required by §
106-114 of this chapter. While no additional off-street parking is required for the accessory unit, no accessory unit shall be permitted where there is no off-street parking.
(6)
A maximum of 25% of the habitable area of the
principal dwelling unit, or 800 square feet, whichever is less, is
to be utilized for the accessory unit. The maximum number of occupants
of the accessory unit is to be as regulated by the BOCA regulations
relating square footage and health concerns to occupancy.
(7)
In order to maintain the character of the single-family
dwelling unit of the principal structure, all entrances to the accessory
dwelling unit are to be via side and rear yards unless one front yard
entrance, with a common interior hall, is utilized for both units.
Supplementary Regulations
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[Amended 7-12-1994 by Ord. No. 94-14]
No lot shall contain more than one principal structure or use. No use can be commenced on a lot without a principal structure, with a foundation, of at least 100 square feet. Trailers shall not be utilized as principal or accessory structures. No business, office, professional, industrial, warehouse, or other business use may be conducted outside the confines of a building. Outdoor storage is permitted only as an accessory use in accordance with §
106-111.
Accessory uses and structures, as defined in §
106-4 of this chapter, are permitted in connection with any principal use which is permitted within a zone subject to the following restrictions:
A. Accessory parking in residential zones shall be limited to passenger vehicles unless the parking of additional vehicles is in accordance with §
106-111 regarding outdoor storage.
B. Accessory uses and structures must be on the same
lot as the principal use or structure to which they are accessory.
C. No accessory structure or use shall be permitted in any required front yard unless it is a permitted obstruction within the meaning of §
106-109 of this chapter.
D. No accessory structure in a residential zone shall
exceed a height of 1 1/2 stories or 15 feet. No accessory structure
in a nonresidential zone shall exceed a height of 20 feet.
E. In residential zones and for residential uses, no accessory structure, other than garages, which maximum size is regulated in §
106-111, shall have a ground area greater than 10% of the ground area of the principal structure to which it is accessory. No permanent accessory structure, regardless of size, or presence or absence of a foundation, shall be erected any closer than three feet to a side yard property line or two feet to a rear yard property line.
F. In nonresidential zones, and nonresidential uses,
accessory structures shall not have a ground area greater than 40%
of the ground area of the principal structure to which it is accessory.
G. Accessory structures on corner lots shall not be erected
nearer to any street than the front yard setback required on the lot
adjacent to the rear lot line of the lot upon which the accessory
structure is located.
H. No more than two accessory structures shall be erected
on any residential or nonresidential lot.
[Amended 6-27-2000 by Ord. No. 00-09]
A. No use shall be permitted as an accessory home occupation
in any residential zone except as follows.
B. Home office use, meaning an office activity carried
on for gain by a resident in a dwelling unit, shall be a permitted
accessory use in all residential zone districts, provided:
(1)
The use is limited solely to office use.
(2)
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons.
(3)
No nonresident employees, customers, or business
invitees or guests shall visit the dwelling unit for business purposes.
(4)
The use shall be located in only one room of
the dwelling unit, which shall not be served by an entrance separate
from the household.
(5)
Interior storage of materials shall only consist
of office supplies.
(6)
There shall be no change to the exterior of
buildings or structures because of the use, and no outside appearance
of a business use, including, but not limited to, parking, storage,
signs, or lights.
(7)
The use operates no equipment or process that
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents.
(8)
The use does not require any increased or enhanced
electrical or water supply.
(9)
The quantity and type of solid waste disposal
is the same as other residential uses in the zone district.
(10)
The capacity and quality of effluent is typical
of normal residence use, and creates no potential or actual detriment
to the sanitary sewer system or its components.
(11)
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express, and other similar
delivery services providing regular service to residential uses in
the zone district.
(12)
All vehicular traffic to and from the home office
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
The following shall not be considered to be
obstructions and shall be permitted when located in a required yard:
A. Cornices, eaves, canopies, awnings and fireplaces,
provided they do not project more than three feet into the required
yard and they are no closer than two feet to a property line.
B. Steps which are necessary for access to a permanent
structure.
C. Fire escapes, provided they do not project more than
four feet into a required yard and they are no closer than two feet
to a property line.
D. Weather protecting and energy efficiency enhancing
front door enclosures, that project no more than five feet into a
required front yard and are no larger than 40 square feet in total
area, provided the principal structure complies with the required
front yard setback.
E. Attached, open front yard porches, with a maximum
width, or depth, of eight feet, are permitted to be constructed in
the RA1 Zone, provided the principal structure complies with the forty-foot
front yard setback requirement for the zone and no basement or cellar
is constructed under the porch.
F. Ground story bay windows, provided they project no
more than two feet into the required yard.
The purpose of this section is to encourage
construction in character with an existing residential neighborhood,
but to discourage construction that is so similar in appearance to
other neighboring structures that a sense of sameness and property
devaluation is perceived or possible. A secondary purpose is to insure
that a positive front yard appearance is provided for all residential
dwelling units.
A. Neighboring dwelling units in residential zones.
(1)
No dwelling unit shall hereafter be constructed
in any residential zone which shall be like or substantially like
any neighboring dwelling as hereinafter defined, in more than two
of the following six respects.
(a)
Height of the main roof ridge above the elevation
of the first floor.
(b)
Length of the main roof ridge.
(c)
Width between outside walls at the ends of the
dwelling under the main roof perpendicular to the length thereof.
(d)
Relative location with respect to each other
of garage, if attached, porch, if any, and the remainder of the dwelling
in the front elevation.
(e)
Relative location of windows in the front elevation.
(f)
The materials used in the front elevation.
(2)
For Subsection
A(1)(a),
(b),
(c) and
(d) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than six feet.
(3)
For Subsection
A(1)(e) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than three feet.
(4)
For Subsection
A(1)(f) above, dwellings shall be deemed to be like each other if the difference between materials used is not more than 35% of the facade area.
(5)
Dwellings between which the only difference
in relative location of elements is end to end or side to side reversal
of elements shall be deemed to be like each other in relative location
of such elements.
B. A neighboring dwelling, as stated above in §
106-110A, is defined as any principal dwelling on any lot which is located as follows in relation to the subject lot:
(1)
Any lot which is within 100 feet, or three lots,
whichever is greater, and along the same side of the street as the
subject lot, without regard to intervening street lines.
(2)
Any lot, which is across said street from the
subject lot or from a lot referenced in the above subsection.
C. The main entrance into all single-family detached
residential dwellings and the first floor of all two-family dwellings
shall be located within the front elevation of all residential structures.
Side yard entrances are prohibited. Main entrances of structures on
corner lots may be from either elevation facing the street. No utility
meters or other utilitarian improvements that detract from the appearance
of the front elevation shall be located on the front elevation of
a residential structure.
[Amended 1-25-1994 by Ord. No. 94-01]
The purpose of this section is to limit the allowance of outdoor storage in all zones to that which will not detract from neighborhood or Borough appearance or values. Outdoor storage as described in §
106-4 of this chapter is regulated as follows:
A. All outdoor storage is subject to the requirements
of the Borough Property Maintenance Code in addition to this chapter.
B. Outdoor storage in residential zones.
(1)
Outdoor storage of any kind or nature except
that which is customarily used in conjunction with, and accessory
to residential occupancy, is prohibited in all residential zones.
No outdoor storage is permitted in required front yards. No storage
for commercial uses is permitted in residential zones.
(2)
Tractor trailers, their cabs, and full length school buses are prohibited from being parked or stored in residential zones. Van-type buses and commercial vehicles are permitted to be parked, but not stored, in residential zones. No unregistered or inoperable vehicle (auto, boat, trailer, etc.) shall be stored in residential zones unless it is stored within a garage as defined in §
106-4. Only one such vehicle may be so located on a residential property.
(3)
All outdoor storage, except firewood storage,
is to be screened by fencing and/or landscape material that will reach
and be maintained at a height sufficient to screen all such storage
from adjacent residences and public rights-of-way. No outdoor storage,
other than vehicular, shall be higher than six feet.
(5)
The amount of outdoor storage that can be located
on a lot in the residential zone is to occupy no greater land area
than 50 square feet.
C. Outdoor storage in nonresidential zones.
(1)
All outdoor storage must be customary and incidental
to the principal use of the property; no storage can be accessory
to a use on another lot; outdoor storage cannot be the principal use
on the property.
(2)
Outdoor storage shall only be permitted in the
side and rear yards. All outdoor storage is to be screened by fencing
and/or landscape material that will reach and be maintained at a height
sufficient to screen such storage from the ground level of adjacent
properties and public rights-of-way. No storage, other than vehicular
as outlined below, is to be higher than six feet.
(3)
Tractor trailers, buses, automobiles, and other vehicles parked on a premises overnight shall be construed as outdoor storage, and not parking, and shall conform to the provisions of this section. Only such vehicles that are licensed, registered, and roadworthy, are not being utilized for storage, and are stored in an organized fashion in accordance with §
106-111C(1) above shall be considered permitted outdoor storage. No trailers, containers or the like shall be utilized for storage purposes in lieu of a structure.
(4)
Outdoor storage of hazardous, toxic or explosive
materials is prohibited unless required to be located outside by applicable
state and local fire and/or building regulations and are located in
accordance with those regulations. The Garwood Fire and Police Departments
are to be advised in writing of any such storage. All such storage
is to be in accordance with local, state, and federal regulations
and performance standards.
(5)
Temporary outdoor storage and sales of flowers, trees, and other decorative or ornamental plants is permitted for a period of 45 days prior to Christmas, two weeks prior to Easter, and one week prior to Mother's Day. Such storage and sales may take place in the front yard or setback area, provided that this shall not be construed to permit any storage or sales in a congested area, or within the public right-of-way, where the free flow of pedestrian or vehicular traffic may be impeded or impaired. The reasonable judgment of any Borough Police Officer or the Zoning Officer, or the Zoning Enforcement Officer or the Construction Official, shall be conclusive as to whether the area is congested or whether the flow of traffic is impeded or inconvenienced. Any use of any premises pursuant to this subsection which is not an accessory use to the principal permitted use of the premises is subject to the provisions of Chapter
71 of the Borough Code. All persons wanting to conduct such outdoor sales are required to obtain a permit from the Zoning Officer, pay the fee required in Article
XII of this chapter, and post a $100 bond with the Borough Clerk in order to insure that an adequate and timely cleanup is conducted. All such stands, plants, and storage are to be removed within three days of the date of the event.
[Amended 11-10-2009 by Ord. No. 09-22]
On all corner lots in the zones described below,
there shall be an unobstructed sight triangle in which no plantings,
fences or obstructions of any kind shall be located or maintained
over 24 inches in height so as to limit or obstruct a clear sight
distance of motorists entering an intersection.
A. In residential zones, this unobstructed sight triangle
shall have legs of 25 feet along the front and side lot lines.
B. In the General Business Zone, this unobstructed sight
triangle shall have legs of 20 feet along the front and side lot lines.
[Amended 2-25-1997 by Ord. No. 97-03]
No signs, newspaper stands, steps or other structural
encroachments shall be permitted into the public right-of-way without
receipt of approval from the governing body. There shall be no replacement
or removal of existing grass areas between the sidewalk or curb in
the public right-of-way changing same to concrete, asphalt or other
ground surface without receipt of written approval by way of resolution
from the Mayor and Council.
[Amended 7-12-1994 by Ord. No. 94-14]
A. No use or structure shall hereafter be erected, altered,
enlarged, increased in capacity, or changed in use until and unless
parking shall be provided in accordance with the requirements of the
following schedule; provided, however, that in the Central Business
(CB) District, a change of use from one permitted use to another permitted
use within an existing structure shall not require the provision of
additional parking if the parking requirements for the new use shall
not exceed those of the existing use:
[Amended 6-27-2006 by Ord. No. 06-11]
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Off-Street Parking Regulations
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Land Use
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Minimum Required Off-Street Parking Spaces
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Assembly/finishing operations
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1 per 800 square feet GFA
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Automobile repair shop
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3 per work bay plus one for each employee
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Automobile service station
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1 for each 40 linear feet of pump island, plus
3 per work
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Automobile washing establishment
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1 per each 20 feet of washing lane; but not
less than 5 spaces. Spaces utilized for interior vacuuming or other
finishing counted as parking spaces
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Bowling alley
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3 per alley
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Child care center
|
1 per each employee required in accordance with
minimum Department of Human Services standards plus 3 visitor/dropoff/pickup
spaces
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Community buildings, social halls, lodges, fraternal
organizations and similar uses
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1 for each 200 square feet GFA
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Community residences for developmentally disabled
housing less than six persons functioning as a single dwelling unit
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1 for each dwelling unit
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Dance studios/schools and other similar places
of assembly
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Eating establishment
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1 for every four seats plus 1 for every 2 employees
during the maximum shift or 1 for every four persons based upon the
maximum number of persons that can be accommodated at the same time
in accordance with the design capacity under BOCA regulations, whichever
is greater
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Financial institution
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1 per 300 square feet GFA
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Houses of worship
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1 per 4 seats; where individual seats are not
provided, 20 inches of bench shall be considered 1 seat
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Library
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1 per 500 square feet GFA
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Manufacturing, production, light industrial
commercial uses
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1 per 1,000 square feet GFA of heavy, industrial/commercial
space
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Medical/dental offices emergency care facility
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3 for each treatment or examination room plus
1 for each doctor/dentist and employee
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Mixed use eating and drinking establishments
with or without entertainment
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1 for every 3 persons based upon the maximum
number of persons that can be accommodated at the same time in accordance
with the design capacity under BOCA regulations, plus one for every
2 employees employed on the maximum shift
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Offices, professional, business, administrative
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1 per 400 square feet GLA
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Residential
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Single-family dwelling
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1 for each dwelling unit
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Two-family dwelling
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1 for each dwelling unit
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Multifamily dwelling
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1.5 for each dwelling unit (apartment)
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Retail trade/retail business services
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1 per 300 square feet GFA
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Schools, elementary
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2 per classroom; but not less than 1 per teacher
and staff
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Tavern
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1 for every 2 seats plus one space for every
two employees during the maximum shift, or one for every three persons
based upon the maximum number of persons that can be accommodated
at the same time in accordance with the design capacity under BOCA
regulations, whichever is greater
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Warehouse
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1 per 2,000 square feet GFA
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GFA - Gross Floor Area
GLA - Gross Leasable Area
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(1)
For any permitted or conditional use for which
no specific parking requirement is set forth above, a minimum of one
parking space per 200 feet of gross floor area or part thereof shall
be provided. For all other uses not specifically set forth above,
the parking requirement shall be determined by the Planning Board
after public hearing.
(2)
Where the Residential Site Improvement Standards
set forth in N.J.A.C. 5:21-1.1 et seq., promulgated pursuant to N.J.S.A.
40:55D-40.1 et seq., apply to any residential development, such parking
standards shall govern.
B. Parking in residential zones.
[Amended 8-27-2013 by Ord. No. 13-12]
(1)
A parking garage, not to exceed 10 feet by 22 feet, or 220 square
feet, for a single-family dwelling parking requirement, or 20 feet
by 22 feet, or 440 square feet, for a two-family dwelling parking
requirement, shall be provided for all residential dwellings. A two-car
garage may be constructed on a single-family dwelling lot, provided
it does not exceed the above maximum garage size (440 square feet).
Garages for more than two vehicles, or larger than the above-stated
maximum total areas, shall not be permitted. A property owner must
reconstruct a garage within six months if an existing one is removed.
All garages shall be at grade level. All garages shall be at existing
grade level
[Amended 5-27-2021 by Ord. No. 21-06]
(2)
All residential lots shall provide a private garage space for
at least one off-street parking space for each dwelling unit. Submittal
of building permit applications for building, plumbing, electric or
fire subcode work for nonconforming lots (those without garages) do
not trigger the need for a property owner to construct a garage unless
such construction would prohibit the future construction of a garage.
Such garage parking space shall be constructed of a durable, all-weather,
dust-free material such as asphalt, concrete or pavers. Stone driveways
are not permitted. The garage counts as one parking space. The paved
space in front of the garage counts as one space if it meets the minimum/maximum
size requirements of a typical parking space, which is nine feet by
18 feet totally within the property dimensions. One additional parking
space of nine feet by 18 feet dimensions can be constructed to the
side of a one-car garage or house, provided that it is fully to the
side of the dwelling/garage and not in front of the dwelling itself.
This additional parking space is also to be constructed as per above,
is not to be constructed in the front yard, and is to share the same
driveway apron and curb cut as the garage. No parking is permitted
in front of this space or in front of the extended front line of the
principal structure. This additional space cannot be installed if
it would exceed permitted lot coverage requirements. The driveway
area between a garage and the public right-of-way shall be considered
a parking space to satisfy zone requirements. No permanent off-street
parking space shall be permitted in the required front yard of a residential
use or district unless it is located totally within that area defined
by the continuation of the side yard area through the front yard to
the public right-of-way. This area may be constructed for a maximum
of one parking space, provided a zoning permit is obtained and the
following conditions are satisfied. No parking space, or portion thereof,
may be located directly in front of a residence, unless:
(a)
There is no existing garage and there is no adequate access
or area to provide a conforming garage.
(b)
The property owner submits plans to the Zoning Officer for a
zoning permit and to the Department of Public Works for a street opening
permit and obtains same prior to installation.
(c)
The parking space is designed and installed to be as unobtrusive
as possible, with a minimum of five feet of evergreen landscaping
between the space and the existing principal structure, and constructed
as per above. Total curb cut width is not to exceed a thirteen-foot
width.
(d)
Front yard parking is not permitted on corner lots, as parking
is already permitted in the existing side yard.
(3)
Residential properties shall not have more than one driveway
or curb cut. The maximum driveway and curb cut for a one-car garage
or front yard parking space shall be nine feet and 13 feet, respectively;
the maximum driveway width and curb cut for a two-car garage shall
be 20 feet and 24 feet, respectively. Paving of front yard areas that
are not permitted to be utilized by vehicles is prohibited.
(4)
Use and occupancy of any structure containing two or more dwelling
units is subject to and conditioned upon an equitable distribution
of off-street accessory parking spaces among those occupying the structure.
Where a ratio of one parking space to each dwelling unit is equaled
or exceeded, use and occupancy is further conditioned upon the tenants
of each dwelling unit having included in their leasehold sufficient
parking for at least one automobile. Parking spaces required for a
residential unit shall not be leased to any party other than a resident
of said structure, nor for any use other than parking.
(5)
All driveways/parking spaces are to be installed a minimum of
one foot from the property line. Existing nonconforming driveways/parking
spaces may have normal maintenance and repairs performed on them,
provided the nonconformity is not increased.
(6)
Parking spaces, other than garages, shall not have roofs/overhangs
covering all or portions of them.
C. All permitted and required accessory off-street parking spaces shall be located on the same lot as the use to which the spaces are accessory, or upon an adjacent lot in common ownership, except that parking areas for nonresidential uses in nonresidential zones may be provided on property not in common ownership, and not in the same zone, provided such parking area is in a nonresidential zone and complies with §
106-114E (Shared parking) of this chapter.
D. Location of exits and entrances. No commercial parking garage or area for 25 or more vehicles shall have an entrance or exit for vehicles within 1,000 feet along the same side of a street upon which is located a school, public playground, house of worship, hospital, public library or institution for dependents or children, except where such property is in another block or on another street on which the zone line does not abut. Such access shall not be closer to the intersections of any two streets than 50 feet. No access drive or driveway shall be located in any residential district to provide access to uses other than those permitted in such residential zone. No driveway shall serve any use other than the permitted use on the lot upon which the driveway is located unless the driveway is part of a shared parking arrangement in accordance with §
106-114E of this chapter.
E. Shared parking. Shared access and parking facilities are encouraged and shall be permitted in all nonresidential zones to minimize the disruption of traffic flow, reduce access points to adjacent roadways and reduce conflicts with pedestrian traffic. Such joint access and parking areas for individual nonresidential uses shall be designed to be interconnected via cross-easements with adjacent properties and shall utilize common entrances and exits. The total number of spaces required for uses involved in such shared arrangements shall not be less than the total sum required by §
106-114 for each use. Each plan must be submitted to and approved by the appropriate approving authority.
F. All parking areas in the Community Commercial and
Light Industrial Zones shall be located behind the principal structure
or, at a minimum, behind the front yard setback line of the principal
structure. No parking shall be permitted in the required front yard
of the Community Commercial Zone.
All loading areas shall be located on the same
lot as the use being served. No loading area shall be located in a
front yard. There shall be no loading in a yard abutting, or in a
public right-of-way. No loading space shall be located within 40 feet
of an intersection of any two public rights-of-way.
The purpose of Subsection A in this section
is to control unregulated and uncontrolled excavation, removal, placement
and movement of soil and other mineral deposits that can result in
conditions detrimental to the public health, safety, and welfare.
While State Soil Conservation Service Regulations control soil erosion
and runoff on properties larger than 5,000 square feet, most of the
development in Garwood occurs on smaller lots and soil movement has
therefore been uncontrolled. This has resulted in soil runoff onto
properties adjacent to construction, muddy streets and blocked public
ways, the introduction of soil deposits into the Borough stormwater
system, and the removal of valuable topsoil. This regulation is an
attempt to reduce such harmful effects to the environment and character
of the Borough.
A. Site protection requirements.
(1)
Topsoil preservation. All topsoil, which is
defined as the top six-inch layer of arable soil, from disturbed areas
of properties shall be set aside on the premises separately from other
subsoil. No such topsoil shall be removed from a site. Topsoil moved
during the course of construction shall be redistributed on all re-graded
surfaces so as to provide at least four inches of even cover to all
disturbed areas of the site and shall be stabilized by seeding or
planting in accordance with Soil Conservation Service Standards.
(2)
Soil mounds are to be maintained on the property
so as to prevent erosion onto adjacent properties. No soil is to be
located so as to block pedestrian access across the property within
the public right-of-way. Proper safeguards are to be taken by the
contractor at all times to insure such soil stabilization.
(3)
Removal of debris and subsoil. An appropriately
sized refuse container shall be maintained at all times on the subject
property for use by the site contractor. All stumps and other tree
parts, litter, brush, weeds, excess or scrap building materials or
other debris shall be removed from the site and disposed of in accordance
with the law. No site-generated waste shall be buried on site except
in accordance with N.J.A.C. 7:26-1.7 and the requirements of the construction
official. Subsoil removal from the property will be accomplished in
accordance with accepted Soil Conservation Service methods and the
requirements of the Construction Official. All appropriate measures,
including installation of stone tracking areas, and the washing down
of trucks, are to be taken if necessary to reduce the potential for
tracking mud into streets. Mud cannot be allowed to flow into streets.
The contractor will take all necessary actions required by the Construction
Official to reduce site soil runoff.
(4)
Maximum efforts are to be taken during construction to preserve existing plantings when deemed appropriate by the approving authority. No material or temporary soil deposits are to be placed within three feet of shrubs or 10 feet of tree trunks designated to be retained by the approving authority. Protective barriers are to be installed around plants at the above distances that are to remain on site. Plantings that are designated to be retained but die within one year of completed construction activity are to be removed by the contractor and replaced, either on site or in public areas, with plantings equal in caliper and type to what was removed, or if that is unreasonable, with twice the number of plants, but at the minimum size provided for in §
106-132 of this chapter at locations approved by the approving authority.
(5)
The contractor is to advise the Construction
Official in writing of the soil conservation measures proposed to
be taken on site during construction. No building permit for activities
related to new construction is to be issued without this submission
being made and accepted.
(6)
Nothing in the above provisions shall be construed
to supersede, or remove the need to obtain, Somerset-Union Soil Conservation
Service approval where required. Nothing in the above shall be construed
to affect or apply to any person engaged in a state-mandated cleanup
plan, provided that all operations are performed in accordance with
the approved plan, and provided that notice of the cleanup plan is
filed with the Construction Official at least 48 hours prior to the
commencement of any activity, and such activity is subject to inspection
by the Zoning Officer.
B. Screening.
(1)
All off-street parking areas, except those for
single or two-family dwelling units, shall be effectively screened
from public or private rights-of-way by a decorative fence or wall,
landscape berm or a densely planted evergreen/deciduous mix of plantings
sufficient to reduce headlight glare and screen such activity from
view.
(2)
All off-street loading areas shall be located
or effectively screened with fencing and evergreen plant material
capable of maturing to a height sufficient to screen such areas, and
vehicles within the areas, from adjacent properties and public rights-of-way.
(3)
All outdoor storage or work areas shall be completely
enclosed by a solid and continuous decorative fence, wall or evergreen
plant material sufficient to screen such activity from adjacent properties
and public rights-of-way.
(4)
All utility improvements, such as transformer
compounds, external heating and cooling equipment, refuse areas, etc.,
shall be sufficiently screened from site users, adjacent properties
and public rights-of-way.
C. All planting areas shall be protected from parking/loading
areas by concrete curbing and shall not be less than five feet in
width or five feet distance therefrom in order to protect the fence,
wall or plants from the impact of motor vehicles.
D. Shade trees.
(1)
One shade tree shall be located around and within
a parking lot for every five spaces or 1,500 square feet of paved
surface, whichever is greater, and shall be distributed evenly throughout
the parking area. Linear groups of parking spaces exceeding 15 contiguous
spaces shall be interrupted by curbed, landscaped islands at least
10 feet in width.
(2)
Where parking lots are adjacent to one another
on separate lots and serving separate uses, a five-foot landscape
strip is to be provided by each property owner for creation of a ten-foot-wide
shade tree planting strip. Complimentary planting designs, where each
property owner shares in the cost of the trees and the trees are planted
on the shared property line are to be encouraged.
E. Landscape buffers. Where more intensive uses (multifamily,
institutional, commercial or industrial) abut less intensive uses
(single-family, two-family or multifamily) a landscape buffer strip
sufficient to minimize adverse incompatible land uses of a minimum
ten-foot width shall be provided.
F. All planting sizes shall conform to §
106-132 of this chapter.
All off-street parking areas containing six or more vehicles, and all off-street loading areas shall be adequately and properly lighted in accordance with §
106-133 of this chapter in order to provide for public safety and security. All lighting used to illuminate commercial or industrial uses shall be directed away from residential uses.
A zoning permit is to be obtained prior to the
installation of all lot perimeter fencing.
A. No fence of a height equal to or greater than four
feet, or closer to a property line than three feet shall be installed
on any property without the property owner first obtaining a zoning
permit from the Zoning Officer. Adequate surveys, plans and details
are to be submitted to the Zoning Officer in order for a determination
to be made as to the proposed fence zoning conformance.
B. Fences or walls are not permitted in required front
yards except in residential zones where a wall or fence is permitted
in required front yards, provided they do not exceed four feet in
height and are not chain link, stockade, board on board or similar
closed fencing. Decorative vegetation of any height is permitted in
the front yard, provided that it does not act as a fence or wall and
obstruct visibility of vehicular drivers crossing sidewalk areas.
The Zoning Officer shall require the removal or reduction of the obstruction
if in his opinion it is a hazard to pedestrian safety. In all other
zones, fences and walls are permitted to be erected at the front building
line of legally existing principal structures extending to the side
or rear lot lines, provided they do not exceed six feet in height.
C. No fence or wall shall be erected in any residential
zone district in excess of a six-foot height. No fence or wall shall
be erected in any nonresidential zone district in excess of an eight-foot
height.
D. No fence or wall shall be constructed or installed
with barbed wire, metal spikes, or topped with concertina or razor
wire, broken bottles or similar materials so as to be dangerous to
humans or animals.
E. No fence, wall or hedge shall be constructed or installed so as to constitute a hazard to traffic or safety. All such material located within the sight triangle as defined in §
106-111 of this chapter are to be maintained at a maximum height of three feet from street grade.
F. The face or finished side of a fence or wall shall
face the adjacent property.
G. A six-foot closed fence is required to be installed
as a buffer between all nonresidential uses and residential zones.
H. On a corner lot, no fence other than an open or closed fence not more than six feet in height shall be permitted in the side yard closest to the street, that is, beyond the side line of the principal building. On a vacant corner lot, no fence other than an open or closed fence not more than six feet in height shall be allowed beyond the permitted building envelope on the side closest to the street. No closed fence or fence in excess of four feet permitted by this §
106-118H on a corner lot shall be erected any closer than three feet to a side yard property line in the side yard closest to the street.
[Added 2-11-2014 by Ord. No. 14-03; amended 11-24-2015 by Ord. No. 15-23; 8-14-2018 by Ord. No. 18-19]
The purpose of this section is to insure that
all necessary safety measures are taken to prevent pool related accidents,
most especially with young children.
A. A zoning permit shall be obtained for the installation of all private swimming pools. A swimming pool is considered an accessory structure and shall conform with all provisions of §
106-107 unless otherwise stated in this section.
B. All swimming pools must be enclosed by a fence or
barrier completely surrounding the pool. It must be of sufficient
strength to withstand a horizontal concentrated load of 200 pounds
applied on a one-square-foot area at any point. It cannot have any
footholds or handholds that help a young child to climb it. If the
barrier is a chain link fence, then no part of the diamond shaped
opening shall be larger than 1 3/4 inches. It shall be constructed
so as to prohibit the passage of a sphere equal to or larger than
four inches in diameter through any opening or under the fence. While
the fence does not have to be closed, it must be of a type to prevent
access to the pool. Required minimum fence height for an above ground
pool shall be four feet; for an inground pool it shall be six feet.
Any gates must be self closing, and have a self-latching mechanism
in proper working order located at least four feet above the ground.
C. Swimming pools can be located no closer than five
feet to any side or rear property line.
D. All swimming pools must conform with all applicable
sections of BOCA Section 623.1 et seq.
It is the purpose of this section to allow satellite
dishes and antennas in accordance with Federal Communications Commission
(FCC) regulations, but only in locations that will not detract from
neighborhood or community appearance or value.
A. A zoning permit shall be required for the installation of a satellite dish or antennae. Satellite dishes/antennas are considered accessory structures and must comply with §
106-107 of this chapter unless otherwise stated in this section.
B. All satellite dishes and antennas must comply with
FCC regulations, and installers or property owners must provide such
proof to the Zoning Officer.
C. Satellite dishes in residential zones shall be no
larger than eight feet in diameter, and satellite dishes in nonresidential
zones shall be no larger than 12 feet in diameter, unless the applicant
can demonstrate to the approving authority a need for a larger size.
D. Satellite dishes and antennas can be located on roofs,
but cannot exceed the height limitations in any zone unless the applicant
can prove to the approving authority that a less intrusive location
is not possible.
E. Satellite dishes and antennas shall not be located in a front yard nor be visible from the public right-of-way. They can be located in side and rear yards in accordance with §
106-107, but the yard setback refers to the outside dimension of the structure, not the central location.
F. All satellite dish/antennae installations and plans
must be must be certified as safe, and signed and sealed, by a professional
engineer. All satellite dishes/antennas must conform to all applicable
sections of BOCA Section 622.1 et seq.
G. All satellite dishes and antennas shall be wire mesh
and/or painted in earth tone colors in order to reduce their visibility.
H. All satellite dishes and antennae shall be located
and screened by fencing or landscaping sufficient to screen them from
view to the maximum extent possible that it would not impair reception.
Moderately low landscaping on the transmission side with heavier evergreen
screening on the other three sides would satisfy this requirement.
I. No more than one satellite dish/antennae shall be
installed on a lot in the residential zones, and no more than two
shall be installed on lots in nonresidential zones.
[Added 2-22-2005 by Ord. No. 05-02]
A. Purpose. It is the intent of this section to regulate
cellular communications towers and antennas located within the Borough
of Garwood to:
(1)
Restrict the location of towers to certain nonresidential
areas;
(2)
Minimize the total number of towers throughout
the Borough;
(3)
Encourage strongly the joint use of new and
existing tower sites;
(4)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal;
(5)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas;
(6)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently;
(7)
Consider the public health and safety of communications
towers;
(8)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures;
(9)
Encourage the use of existing structures for
antennas;
(10)
Encourage designs that blend into the background
setting of their locations.
B. Definitions. The following terms used in this section
shall have the following meanings:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Satellite dishes shall not be included
within this definition.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
BOROUGH
The Borough of Garwood, County of Union, State of New Jersey.
COLLOCATION
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same tower or monopole.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
SATELLITE DISH
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite
or similar electronic signals.
TOWER
Any structure that is designated and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
C. Applicability.
(1)
New towers or antennas. All new towers or antennas in the Borough of Garwood shall be subject to these regulations, except as provided in Subsection
D(6) and
(7).
(2)
Amateur radio; receive-only antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under seven feet in height and is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive-only
antennas.
(3)
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection
D(6) and
(7). Any such towers or antennas shall be referred to in this section as "preexisting towers or preexisting antennas." This exception shall not apply to any expansion or intensification of said preexisting tower or antenna.
(4)
Government agencies. Communication towers or
antennas owned, operated or used by the federal, state, county or
municipal governments shall be exempt from the requirements of this
section.
D. General guidelines and requirements.
(1)
Principal or accessory use. Antennas and towers shall be considered principal uses unless subservient and clearly related to an existing principal use or structure, except as may be provided under Subsection
H(1), below.
(2)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with local zoning
regulations, including but not limited to setback requirements, lot-coverage
requirements, and other such requirements, the dimensions of the entire
lot shall control, even though the antennas or towers may be licensed
parcels within such lots.
(3)
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide an inventory of its existing
towers that are either within the jurisdiction of the Borough or within
one-quarter mile of the border thereof, including specific information
about the location, height, and design of each tower. The Borough
departments may share such information with other applicants or organizations
seeking to locate antennas within the jurisdiction of the Borough;
provided, however, that the Borough departments are not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable or that the information is complete
and accurate.
(4)
Aesthetics. The guidelines set forth in this Subsection
D(4) shall regulate the location of all towers and the installation of all antennas governed by this section, provided, however, that the appropriate Borough body may waive these requirements if it determines that the goals of this section are better served thereby.
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color, so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and accessory structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend the tower
facilities to the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(d)
Whenever practicable, towers and antennas shall
employ RF transparent materials which appear to be architectural elements
of the structure supporting the antennas or otherwise conceal or camouflage
antennas to reduce the visual impact of the tower and antennas to
the greatest degree.
(5)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the Planning Board may review the available lighting
alternatives and approve the design that would cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling governmental or
quasi-governmental agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall require
the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable national, state and
local standards for towers as amended from time to time. If, upon
inspection, the appropriate Borough official concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then, upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. If the owners fail to bring such tower
into compliance within said 30 days, the tower shall be removed at
the owner's expense.
(8)
Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and applied
to facilities located in the Borough of Garwood irrespective of municipal
and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas
shall be regulated and permitted pursuant to this section and shall
not be regulated or permitted as essential services, public utilities,
or private utilities.
(10)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communications system
in the Borough have been obtained and shall file a copy of all required
franchises with the Clerk of the Borough of Garwood, who shall distribute
copies of same to the Borough Construction Official and the Borough
Zoning Officer.
(11)
Signs. No signs or other nonessential accoutrements
shall be allowed on any antenna or tower with the exception of warning
signs or other signs required by federal, state or local law.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection
L. Buildings and support equipment clearly related to the use of antenna shall be considered accessory structures.
E. Permitted uses. Antennas shall be permitted uses in
the following zones:
|
Central Business District
|
CBD
|
|
General Business District
|
GBD
|
|
Community Commercial Zone
|
CC
|
|
Light Industrial Zone
|
LI
|
|
Industrial District
|
I
|
F. Conditional uses. Towers shall be conditional uses in the following zones, provided that they comply with Subsection
J below:
|
Central Business District
|
CBD
|
|
General Business District
|
GBD
|
|
Community Commercial Zone
|
CC
|
|
Light Industrial Zone
|
LI
|
|
Industrial District
|
I
|
G. Exemption for property owned, controlled or leased
by the Borough. All applications for antennas or towers to be placed
on property owned, controlled or leased by the Borough are exempt
from Planning Board review but are subject to review and approval
by the Borough governing body, which may require a license or lease
for such antenna and/or tower.
H. Regulations and standards for antennas.
(1)
Antennas on existing structures. Any antenna
to be installed on an existing structure shall be a permitted accessory
use, subject to site plan approval, on any permitted use in the zone.
The antennas shall:
(a)
Not extend more than three feet above the highest
point of the structure;
(b)
Comply with all applicable FCC and FAA regulations;
and
(c)
Comply with all applicable construction codes.
(2)
Antennas on existing towers. An antenna to be
attached to an existing tower shall be subject to site plan approval.
I. Site plan approval.
(1)
General. No person shall construct or erect,
or cause to be constructed or erected, a tower or antenna unless site
plan approval is obtained from the Planning Board. The following provisions
shall also apply:
(a)
In granting site plan approval, the approving
authority may impose conditions to the extent such approving authority
concludes such conditions are necessary to minimize any adverse effect
of the proposed tower on adjoining properties or the community at
large.
(b)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical, or electrical, shall
be certified by a licensed professional engineer.
(c)
Any applicant for site plan approval shall submit
the information described in this section and shall also pay all applicable
application fees and escrow deposits.
(2)
Information required for site plan approval for towers. In addition to any information required for applications for site plan approval pursuant to §
106-71 et seq. of this chapter, applicants for site plan approval for a tower should submit the following information:
(a)
A scaled site plan clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings and materials of the proposed tower and
any other structures, topography, parking, and other information as
required by this and other Borough ordinances to enable comprehensive
review of the application.
(b)
Survey of the property, signed and sealed by
a surveyor licensed in the State of New Jersey, dated no earlier than
12 months prior to the date of the application.
(c)
The distance between the proposed tower and
the nearest residential unit.
(d)
The separation distance from other towers described
in the inventory of existing sites submitted pursuant to this section
shall be shown on an updated site plan or map certified by a licensed
engineer or licensed land surveyor. The applicant shall also identify
the type of construction of the existing tower(s) and the owner/operator
of the existing tower(s).
(e)
A landscape plan showing specific landscape
materials and precise locations of existing and proposed landscaping
improvements certified by a licensed engineer or certified landscape
architect.
(f)
Method of fencing, material and finished color
and, if applicable, the method of camouflage and illumination.
(g)
A statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(h)
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
(i)
A description of the suitability of the use
of existing towers, other structures or alternative technology not
requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
(j)
A description of the feasible location(s) of
future towers or antennas which may be erected by the applicant within
the Borough based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
(k)
Line-of-sight analysis detailing the view of
the proposed tower from various directions and angles from adjacent
public and residential areas. The analysis shall be utilized to determine
buffer requirements.
J. Conditional use standards for towers. An applicant
shall satisfy the specific conditions enumerated below to obtain site
plan approval for towers.
(1)
Maximum tower height: The maximum height of
any tower shall not exceed 70 feet. For purposes of measurement, the
maximum tower height shall include any structures supported by the
tower and any antenna.
(2)
Setbacks. The following setback requirements
shall apply to all towers for which site plan approval is required:
(a)
Towers must be set back a distance equal to
at least 125% of the height of the tower from any adjoining lot line,
provided that distance is no closer than the building setback applicable
to the zone.
(b)
Guys and accessory facilities must satisfy the
minimum zoning district setback requirements.
(3)
Separation. The following separation requirements
shall apply to all towers and antennas for which site plan approval
is required. Separation from off-site uses/designated areas:
(a)
Tower separation shall be measured from the
base of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
(b)
Separation requirements for the towers shall
comply with the minimum standards established in Table 1.
TABLE 1
|
---|
Off-Site Use/Designated Line
|
Separation Distance Measured from the
Nearest Point of the Tower to the Structure of the Off-Site Use or
Designated Line
|
Any zoning district in which residential use
is a permitted or conditional use; any lot on which any residential
use exists
|
300 feet or 300% of height of tower, whichever
is greater, measured to the residential unit
|
Lands which are neither zoned for residential
use nor in residential use
|
Setbacks apply pursuant to Subsection J(2)
|
(4)
Availability of suitable existing towers or
other structures, or alternative technology. No new tower shall be
permitted unless the applicant demonstrates to the reasonable satisfaction
of the Planning Board, and said Board makes specific and separate
written findings thereon, that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna. An applicant
shall submit information requested by the Planning Board related to
the availability of suitable existing towers, other structures or
alternative technology. Evidence submitted to demonstrate that no
existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located
within the geographic area required to meet applicant's engineering
requirements.
(b)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(d)
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
(e)
The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/
receivers attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
K. Design standards for towers. Applicants shall satisfy the design standards enumerated below to obtain site plan approval for towers in addition to other standards that may be required pursuant to this Chapter
106:
(1)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anticlimbing device; provided, however,
that the appropriate approving authority may waive such requirements.
(2)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which site plan approval
is required; provided, however, that the appropriate approving authority
may waive such requirements if the goals of this section would be
better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall be consistent with §
106-116B.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
L. Building or other equipment storage.
(1)
The equipment cabinet or structure used in association
with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 12 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure shall
not be located on the roof of the structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(c)
If the equipment structure is located on the
roof of a building, it shall be camouflaged.
(d)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(e)
The equipment cabinet or structure shall be
screened from view of all residential properties which abut or are
directly across the street from the structure or cabinet.
(2)
Modification of building size requirements.
The requirements of this section may be modified by the appropriate
approving authority to encourage collocation.
M. Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of 12 months
shall be presumed abandoned, and the owner of such antenna or tower
shall remove same within 30 days of being notified of such abandonment.
No structure shall exceed the height restrictions
for each zone except that such restrictions shall not apply to:
A. Church steeples, belfries, cupolas, domes, public
monuments, and chimneys which may have a maximum height of 45 feet.
B. Mechanical appurtenances such as condensers, exhaust
fans, elevator housing and other similar equipment, provided they
are located in nonresidential zones, do not extend more than 12 feet
above the maximum height limitation and are suitably screened. This
screening shall consist of structures which are integrally designed
with the building or are otherwise rendered not visible from the ground
level of adjacent lots and streets.
C. Parapet walls not extending more than four feet above
the maximum height limitation.
A. Continuation of use. A use, building or structure
which is lawfully in existence at the effective date of this chapter
and shall be made nonconforming at the passage of this chapter or
any applicable amendment thereto, may be continued as otherwise provided
in this section.
B. Regulation of nonconforming uses and structures. No
existing use, structure or premises devoted to a nonconforming use
shall be enlarged, extended, reconstructed, substituted or structurally
altered, unless it is changed to a nonconforming use or structure
or when required to do so by law, as follows:
(1)
Restoration. Any nonconforming structure or
use damaged to less than 50% of its previous existing area or value
may be restored, reconstructed or used as before, provided the area
of such use or structure shall not exceed the area which existed prior
to such damage nor increase the intensity of use. All repairs shall
be completed within one year after damages occur, or within such time
extensions granted by the Zoning Officer, which can only be granted
upon good cause being shown by the applicant, or such use shall not
be rebuilt except as a conforming use.
(2)
Repairs. Normal maintenance and repair of a
structure containing a nonconforming use is permitted, provided that
it does not extend the area or volume of space occupied by the nonconforming
use or structure and does not increase the intensity of use.
(3)
Alterations. A building containing residential
nonconforming uses may be altered in any way to improve interior livability.
No structural alterations shall be made which would increase the number
of bedrooms or dwelling units.
(4)
Nothing in this section shall prevent the strengthening
or restoring to a safe or lawful condition any part of any structure
declared unsafe by the Construction Official.
C. Termination of nonconforming uses. Nonconforming uses
and structures are considered terminated and shall not be revived
in any way except as a conforming use or structure in accordance with
the following:
(1)
Abandonment. A nonconforming use or structure abandoned in accordance with §
106-4 of this chapter and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims or retains any interest in the subject matter of the abandonment shall be considered a termination thereof.
(2)
Change of use. The change of a nonconforming
use or structure to a more restricted or conforming use for any period
of time shall be considered an abandonment thereof.
(3)
Partial destruction. A nonconforming structure
or use which has 50% or more of its nonconforming area or value destroyed
by fire or other casualty or Act of God shall be considered an abandonment
thereof.
D. Exceptions.
(1)
Any nonconforming structure lawfully under construction
on the effective date of adoption of this section may be completed
and may be used for the nonconformance for which it was designed and
approved, provided that it shall be completed within one year after
the effective date thereof.
(2)
Notwithstanding any other provisions of this
chapter, any principal nonconforming residential structure located
in a residential zone and lawfully in existence on the effective date
of this section may be rebuilt in the event of fire or other casualty
or Act of God without obtaining a variance, provided the dimensions
and area of the structure are substantially identical to the dimensions
of the damaged or destroyed structure and the extent of nonconformity
is not expanded or enlarged.
(3)
Notwithstanding any other provisions of this
chapter, any existing nonconforming lot in the RA, RA1 or RB Zone
which is in single ownership, is not adjoining any vacant land and
is nonconforming due to shape, width or area may be improved with
a new structure as otherwise permitted by this chapter, provided that
the applicable front, rear and side yard requirements applicable to
the zone shall be maintained, and that the maximum habitable floor
area and applicable floor area ratio be maintained.
[Added 7-27-2004 by Ord. No. 04-11]
(4)
Where a lot exists in single ownership and
is improved with a building which is nonconforming due to location,
said building may be expanded, provided that existing nonconforming
yards or setbacks are only extended and not further encroached upon,
and further provided that where yards or setbacks are required, no
such yard or setback shall be less than five feet.
[Added 7-27-2004 by Ord. No. 04-11]
[Amended 2-25-1997 by Ord. No. 97-03]
Industrial uses in the Industrial/Commercial
or Light Industrial Zones may be open for business 24 hours a day.
All other commercial or industrial uses may not be open 24 hours a
day, and must, at a minimum, be closed for business between the hours
of 12:00 a.m. and 5:00 a.m., unless regulated by a state or federal
government agency or law.
[Added 2-25-1997 by Ord. No. 97-03]
Freestanding drive-through uses are not permitted
as principal structures or uses in any zone. Where a drive-through
facility is permitted as an accessory use or structure, the structure
housing the principal use shall have a minimum lot coverage of 40%.
Except as specifically set forth herein, all other regulations in
this chapter regarding drive-through uses shall remain in full force
and effect.
[Added 12-22-2022 by Ord. No. 22-17]
A. Purpose
and scope. This section aims to prohibit the practice of renting or
leasing various types of dwellings, or segments thereof, located in
the Borough of Garwood on a short-term basis to transient guests.
The prohibition of short-term rentals is to maintain the quality of
life and welfare of the community in the Borough and reduce and/or
eliminate public nuisances, life safety concerns, disorderly behavior,
quality of the neighborhoods, security concerns, fire safety concerns,
additional noise, waste and other negative impacts. The prohibitions
and/or limitations set forth in this section shall be applicable to
all zones within the Borough of Garwood.
B. This
section does not apply to any use of single-family dwellings protected
by New Jersey State Law, lawfully existing, including community residences
for the developmentally disabled, community shelters for victims of
domestic violence, community residences for the terminally ill, community
residences for persons with head injuries, and children in group homes.
C. Advertise
or advertising. The print, electronic, or internet advertisement of
any rental that is prohibited by or fails to comply with the provisions
of this chapter, including the regulations on duration, or any other
applicable provision of the Borough Code, is prohibited. Anyone who
publishes such an advertisement, including AirBnB, VRBO and the like,
shall be guilty of a violation of this section.
D. Short-term
rentals prohibited.
(1) No dwelling, or segment thereof, may be rented or leased for a term
of less than 28 consecutive days.
(2) The lease or rental, for any purpose, of any amenity, feature, accessory,
or appurtenance to or associated with a dwelling, including, but not
limited to pools, is prohibited.
(3) The lease or rental of any dwelling for commercial or corporate purposes
is prohibited.
E. Permitted
use.
(1) A dwelling, or segment thereof, may be rented or leased for a term
of less than 28 consecutive days, as long as there is no consideration
received for occupancy. Consideration shall include any service or
other charge or amount required to be paid as a condition for occupancy,
valued in money, whether received in money or otherwise and whether
received by the short-term rental host, or hosting platform, or other
person acting on behalf of the short-term rental host.
(2) Nothing herein shall be deemed to prevent the otherwise lawful occupancy
of a dwelling unit or a residential property for a rental period of
28 or more consecutive days.
(3) Nothing herein shall be deemed to prevent a use and occupancy agreement
between buyer and seller of a dwelling.
F. Violations of this section shall be governed by Chapter
106, Article
I, General Provisions, §
106-30.