Editor's Note: Amended in entirety by Ord. No. 3134. Amendments noted where applicable.
Prior history includes Ordinance Nos. 2027, 2065, 2071, 2154,
2158, 2222, 2223, 2224, 2468, 2473, 2475, 2571, 2576, 2663, 2665,
2678, 2750, 2815, 2906, 2941, 2943, 3024, 3025, 3026, 3039, 3051,
3077, 3092, 3096 and 3113.
[Ord. No. 3134]
This chapter shall be known and may be cited as the "Belleville
Zoning Ordinance."
[Ord. No. 3134]
The Township of Belleville adopts this chapter to accomplish
the following purposes:
a.
To limit and restrict to specific Districts and to regulate therein
buildings and structures according to the nature and extent of their
use and the nature and extent of the uses of land.
b.
To regulate and restrict the height, number of stories and size of
buildings and other structures, the percentage of lot that may be
occupied, the size of yards, courts, and other open spaces, the density
of population and location and use and extent of use of buildings
and structures and land for trade, industry, residence or other purposes.
c.
To divide the municipality in to districts of such number, shape
and use as may be deemed best suited to carry out any of the purposed
herein mentioned.
d.
To regulate and restrict the erection, construction, reconstruction,
alteration, repair or use of buildings or other structures and the
nature and extent of the uses of land within such districts.
e.
To regulate and restrict buildings and structures according to the
construction and the nature and extent of their use and the nature
and extent of the uses of land by the adoption of a comprehensive
plan designed for one or more of the following purposes:
1.
To lessen congestion in the streets.
2.
To secure safety from fire, panic and other dangers.
3.
To promote health, morals and the general welfare.
4.
To provide adequate light and air.
5.
To prevent overcrowding of lands and buildings.
6.
To avoid undue concentration of population.
7.
To conserve the value of property and encourage the most appropriate
use of land throughout the municipality.
[Ord. No. 3134; Ord. No. 3145; amended 6-4-2018 by Ord. No. 3495; 4-12-2022 by Ord. No. 3644]
For the purpose of this chapter, the Township of Belleville
is hereby divided into the following Zoning Districts:
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R-A1
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Single Family
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R-A2
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Single Family
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R-B
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Two Family
|
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R-C
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Townhouse
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B-A
|
Neighborhood Retail/Residential
|
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B-G
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Commercial/Residential Mixed Use
|
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R-DV
|
Redevelopment
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OS-CM
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Open Space-Cemetery
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OS-PR
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Open Space-Private
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OS-PB
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Open Space-Public
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PRD
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Planned Residential Development
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BB-1
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Belleville Business District 1
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BB-2
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Belleville Business District 2
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SLH
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Silver Lake Hospital
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SLR
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Silver Lake Residential
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SLD
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Silver Lake Special District
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[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3496; 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord.
No. 3598; 8-17-2021 by Ord. No. 3627; 4-12-2022 by Ord. No. 3644]
The aforesaid districts are hereby established by the designations,
locations, and boundaries thereof set forth and indicated on a map
entitled "Zoning Map, Belleville Township, NJ," dated April 5, 2018
and revised May 19, 2022, which map is hereby annexed and adopted
as a part of this chapter insofar as it indicates said designations,
locations and boundaries.
The Zoning Map is included as an attachment to this chapter.
[Ord. No. 3134]
a.
Where such boundaries are indicated as approximately following the
center lines of streets, alleys, railroads, waterways, the boundary
lines of parks of other publicly owned land, or Township limits, such
lines shall be construed to be such boundaries.
b.
Where such boundaries are indicated as approximately following the
lines of lots or other parcels of record and are not more than 10
feet distant there from, such lot or parcel lines shall be construed
to be such boundaries.
c.
Where a District boundary divides a parcel of land, the location
of such boundary, unless the same is indicated by dimensions shown
on the map, shall be determined by the use of the scale appearing
thereon.
d.
In cases of doubt, the district boundary line shall be determined
by the Board of Adjustment.
[Ord. No. 3134; Ord. No. 3145; amended 6-4-2018 by Ord. No. 3495; 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
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23-3 SCHEDULE OF DISTRICT REGULATIONS
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|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
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Min Lot Size
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Minimum
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Minimum Setback
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Max Height
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District
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Dwelling Units/Acre
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Area
(square feet)
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Width
(feet)
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Depth
(feet)
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Front
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Rear
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Sides
(feet)
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Max Bldg. Coverage
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Max Lot Coverage
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Feet
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Stories
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Min Open Space
| |
|
R-A1 One Family
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8
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5,000
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50
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100
|
20
|
20
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5 each 14 total
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—
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35%
|
40
|
3
|
—
| |
|
R-A2 One Family
|
10
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4,000
|
40
|
100
|
20
|
20
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4 each 14 total
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35%
|
40
|
3
|
—
| ||
|
R-B/1-2 units & duplex
|
—
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3,500
|
35
|
100
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20
|
20
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5
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—
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75%
|
40
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3
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25%
| |
|
R-B/3 units
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—
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5,000
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50
|
100
|
20
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20
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5
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—
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75%
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40
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3
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25%
| |
|
R-C
|
—
| ||||||||||||
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R-C/1-family, 2 family & Duplex
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—
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5,000
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50
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100
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20
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25
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5 each side
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45%
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60%
|
40
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3
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20%
| |
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R-C Triplex (townhouse style)
|
—
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7,500
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75
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100
|
20
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25
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5 each side
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45%
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60%
|
40
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3
|
20%
| |
|
R-C other permitted uses
|
—
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10,000
|
100
|
100
|
20
|
10
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5 each side
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60%
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80%
|
50f
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—
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20%
| |
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B-A
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—
|
—
|
—
|
—
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0d
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15
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0 or 10b
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—
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100%
|
50
|
3
4g
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See building amenity & open space Require-ments
| |
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B-G
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—
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—
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—
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—
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0d
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15
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0 or 10b
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—
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100%
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80 or 110
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6 or 8c
|
See building amenity & open space Require-ments
| |
|
OS Open Space
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N/A
|
—
|
—
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—
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—
|
—
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—
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15%
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10%
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30
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2 1/2
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90%
| |
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1-2 family
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SLR
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N/A
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2,500
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25
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100
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0-10b
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30
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2 and 3a
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—
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80%
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35
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3
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20%
|
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3 family
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SLR
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N/A
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3,500
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35
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100
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0-10b
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30
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2 and 3a
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—
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80%
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35
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3
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20%
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Townhousee
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SLR
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—
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2,500
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25
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100
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15 feet to building (0 to stoop)
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0
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2 and 3a
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65%
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80%
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35
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3
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20%-Plus Roof-top terrace required
|
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SLH
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N/A
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10,000
|
100
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100
|
20
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40
|
10
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—
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75%
|
110
|
9
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25%
| |
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BB-1
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N/A
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5,000
|
50
|
100
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15
|
15
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5
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—
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100%
|
110
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8
|
—
| |
|
BB-2
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N/A
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5,000
|
50
|
100
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15
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15
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5
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—
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80%
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40
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3
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—
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Table Notes:
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a.
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Side yard setbacks shall be 2 feet on one side and 3 feet on
the other. Where a window exists on an adjacent structure, the minimum
side yard setback shall be 3 feet, with at least 1 foot of clearance
on each side of the window.
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b.
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Minimum of 0 feet maximum of 10 feet.
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c.
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8 stories is permitted only on corner lots with parking bonus.
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d.
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Maximum front yard is 0, however, up to 3 feet setback is required
if needed to maintain prevailing sidewalk width.
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e.
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SLR Townhouses are permitted to be grouped at a maximum of 5
Townhomes with 0 side yard setback. Decorative stoops are required
and are exempt from the front yard setback requirement.
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f.
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Within all SLR, R-C and R-B zones the 3rd unit can be no more
than 1 bedroom, excluding triplex and Townhouse units.
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g.
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Within the B-A District four (4) stories is permitted only on
the major corners of: Belleville Ave/Union Ave, Joralemon St/Union
and Greylock/Union AND the additional story can only be used for additional
office space on the second floor or an additional parking level with
spaces that can be shared with the surrounding commercial district
uses. If additional parking is proposed, ground floor retail requirements
must be complied with.
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|
For a House of Worship, the height may be exceeded by no more than 35% to accommodate the inclusion of spires, domes, minarets, or similar religious features. See § 23-18.17 Exception to Height Requirements for additional exemptions.
| |
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 4-12-2022 by Ord. No. 3644]
a.
No land or building shall hereafter be used, occupied, erected, moved
or altered unless in conformity with the regulations hereafter specified
for the district in which it is located.
b.
No building shall hereafter be erected or altered:
1.
To exceed the maximum building height.
2.
To occupy more than the maximum percentage area.
3.
To accommodate or house a greater number of dwelling units; or
4.
To have a narrower or smaller rear yard, front yard, side yards,
or other open spaces than is specified for the district in which such
building is located.
c.
No part of a yard or other open space required about any building
for the purpose of complying with the provisions of this chapter shall
be included as part of a yard or other open space similarly required
for another building.
d.
No lot shall be so reduced in area that it does not meet the area
requirements or that of any required open space will be smaller than
prescribed in the Schedule of Regulations for the district in which
said lot is located. Yards or lots created after the passage of this
chapter shall meet at least the minimum requirements established by
this chapter.
e.
No off-street parking or loading spaces required for one building
or use shall be included as meeting, in whole or in part, the off-street
parking or loading space required for another building or use, unless
alternative parking arrangements have been approved for shared parking
by the Planning Board or Zoning Board of Adjustment
f.
No off-street parking or loading space shall be so reduced in area
that it does not meet the requirements of this chapter.
g.
Where a lot is formed from part of a lot already occupied by a building,
such separation shall be effected in such manner as not to impair
any of the requirements of this chapter with respect to the existing
building and all yards and other open spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless it complies with all the provisions of
this chapter.
h.
Nothing in this chapter shall be deemed to require any change in
the plans, construction or designated use of any building, the actual
construction of which was lawfully begun prior to the time this chapter
or any amendment thereof affecting the same takes effect and on which
building actual construction is completed within I year after such
time.
i.
Any use established in any Zone District shall meet all the requirements
specified in the "Performance Standards" of this chapter.
[Ord. No. 3134]
For the purposes of this chapter, certain words and terms herein
are defined as follows.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
a.
All words used in this chapter in the present tense include the future
tense; all words in the plural number include the singular number,
and all words in the singular number include the plural number, unless
the natural construction of the wording indicates otherwise; the word
"building" includes the word "structure"; the word "occupied" includes
the words "designed or intended to be occupied"; the word "lot" includes
the word "plot"; the word "used" shall be deemed also to include "designed,
intended or arranged to be used"; the term "erected" shall be deemed
also to include "constructed, reconstructed or altered or moved".
The word "may" is permissive; the word "shall" is mandatory and not
discretionary. The word "Township" means the "Township of Belleville"
in the County of Essex, State of New Jersey. The terms, "Town Council",
"Governing Body", "Board of Adjustment", Planning Board" and "Construction
Code and/or Zoning Official" means the respective boards and officers
of said Township.
b.
Additions to a building, change in use, or increases in number of
units not requiring an addition shall be required to also up-grade
the facade material to the permitted types. If the existing facade
material is permitted, the addition's cladding shall be matched to
the existing facade.
c.
In the B-G, B-A, and SLR districts, existing buildings with replacement
or repair of more than 25% of their facade shall be required to comply
with the current facade standards of the district.
d.
The development board reviewing a proposed subdivision will have
jurisdiction on the review the newly created lot and its proposed
development and on the remainder lot and any existing development
therein. If the proposed subdivision creates variances for the existing
site improvement they shall not be interpreted to be pre-existing.
They will require variance and are subject to Board review for approval
or denial.
[Ord. No. 3134]
When calculating the zoning requirements contained within this
ordinance and the amount results in a fractional number the rules
of mathematics shall apply. A fractional amount 0.5 or greater rounded
would round up to one. Less than 0.5 would round down to zero.
[Ord. No. 3134; Ord. No. 3216; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598; 8-17-2021 by Ord. No. 3627]
See USE, ACCESSORY.
An establishment or business having more than 25% of its
stock in trade in books, magazines, publications, audio/video tapes
of films that are distinguished or characterized by their emphasis
on depicting, describing or relating to sexual activities or anatomical
genital areas.
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a twenty-four-hour
day.
[Added 7-9-2019 by Ord.
No. 3537]
A private or public establishment devoted to adult entertainment,
either with or without a liquor license, offering the following for
viewing or patron participation:
Persons appearing in a state of nudity (in person or mechanical
presentation) for entertainment or exhibition.
Persons and/or animals depicting or related to sexual activities
(in person or mechanical presentation) for entertainment or exhibition.
Persons appearing as male or female impersonators.
Person(s) in exhibition of, but not limited to, exotic dancing,
Go-Go dancing, disrobing partially or completely, sexually stimulating
body movements or mannerisms, as generally or commonly perceived.
An establishment or business which presents film or video
materials for public or private viewing in a theater, by mechanical
means, which is distinguished or characterized by an emphasis on matter
depicting, describing, or relating to sexual activities or anatomical
genital areas.
Residential developments occupied by persons 55 years and
older, but not including independent or semi-dependent congregate
care and assisted living facilities, continuous care retirement communities,
nursing homes and convalescent centers.
[Added 7-9-2019 by Ord.
No. 3537]
See STRUCTURAL ALTERATION.
A mechanical, electro-mechanical or electronic device which
may be operated by the public, which may or may not be activated by
a coin or token, usually limited to two active participants, generally
for use as a game, entertainment, or amusement.
Exclusions from this definition are pool/billiard tables,
table shuffle board and darts.
See DWELLING, MULTI-FAMILY.
The work space of a professional artist engaged primarily
in acts of painting, sculpting, film production, musical production,
or other artistic productions, which may also include an accessory
residential dwelling unit used by the artist, and may include a gallery
or showing space to exhibit the art produced in the studio.
[Added 7-9-2019 by Ord.
No. 3537]
A facility in which an artist produces art and/or where classes/private
lessons in the arts, including but not limited to painting, sculpting,
singing, and musical instrument instruction, are taught.
[Added 7-9-2019 by Ord.
No. 3537]
A multi-family residential facility designed for older adults
which provides congregate dining and other services as needed, and
licensed by the state.
[Added 7-9-2019 by Ord.
No. 3537]
An establishment which primarily engages in the superficial
and/or structural repair and painting of damaged motor vehicles.
The use of any building and/or land area for the sale of
automobiles, including light trucks, vans, recreational vehicles,
trailers, motorcycles, boats and water craft. Vehicle preparation
and repair work associated with a new vehicle agency is limited to
an ancillary use.
An establishment which conducts one or more of the following
activities: the sale or supply of motor fuel and/or lubricants directly
to a motor vehicle; service and/or repair of licensed or registered
motor vehicles; inspection of motor vehicles as required by State
law; the sale of tires, batteries, and/or other motor vehicle parts
and accessories. Excluding motor vehicle washing, auto bodywork, new
or used vehicle sales or leasing, of trucks or trailers.
[Amended 7-9-2019 by Ord.
No. 3537]
Any building or premises used for washing motor vehicles.
[Added 7-9-2019 by Ord.
No. 3537]
A temporary or permanent roof-like structure consisting of
framing covered with canvas or similar material mounted partly or
solely on and projecting from a wall of a building for the purpose
of shielding a doorway or window from the elements of weather or for
ornamentation.
See FINANCIAL INSTITUTION.
Any message or non-message bearing device made of lightweight
fabric or similar material, attached to a free standing pole or attached
to a structure, the purpose being decorative or to attract attention.
An establishment that prepares and serves meals or refreshments
to groups on a scheduled basis.
[Amended 4-12-2022 by Ord. No. 3644]
A retail establishment for the sale of alcohol and other
beverages for on the premises and off premises consumption with incidental
food service.
[Amended 10-13-2020 by Ord. No. 3598]
Any portion of a building that is partly underground, having
one-half or more of its floor to ceiling eight above the average graded
level of the ground immediately adjacent to the building, and with
a floor-to-ceiling height of not less than six and a half feet. A
basement shall not count as a story.
[Amended 7-9-2019 by Ord.
No. 3537]
Property abutting on one side of a street and lying between
the nearest intersecting or intercepting streets, or nearest intersecting
or intercepting street and railroad right-of-way, parking boundary,
or waterway.
A private dwelling which contains sleeping accommodations
offered for rent of more than two but not more than 8 (6) single person
rooms, whether meals are furnished to lodgers or not, and in which
no transients are accommodated and no public restaurant is maintained.
An establishment where decorative ornaments are used to pierce
any part of the human body except medical applications or earrings.
A business establishment consisting of facilities for bowling,
including one or more alleys, as well as ancillary facilities including,
but not limited to a snack bar and pro shop.
A RESTAURANT that includes a BREWERY as an accessory use,
and the alcoholic beverages produced are intended to be consumed on
the premises, licensed in accordance with the State Alcoholic Beverage
Law.
[Added 7-9-2019 by Ord.
No. 3537]
Any establishment engaged in the act of brewing any alcoholic
beverage for sale and/or distribution to wholesalers, retailers, or
consumption on the premises.
[Added 7-9-2019 by Ord.
No. 3537]
A landscaped planting strip providing a vertical screen containing
a combination of two or more of the following elements: plants, shrubs
and/or trees to be maintained for the life of the use to which the
site is used.
Any structure designed or intended for use as an enclosure
or shelter, protector or support of persons, animals or property.
The area of a lot covered by the total gross area of all
buildings measured to the outside of the exterior walls of the ground
floors, except for open porches, patios, decks, courts, balconies,
steps, stoops, awnings and overhangs.
The vertical distance in the case of flat roofs to the level
of the highest point of the roof and in the case of pitched roofs
to the mean level between the eaves and the highest point of the roof,
measured from the average lot level at the front of the building.
A subordinate building, the use of which is customarily incidental
to that of the main or principal building on the same lot.
A building in which is conducted the principal use of the
lot on which it is located.
Building(s) or structure(s) occupied by a municipal, state
or county governing body and/or its subordinate agencies.
An ancillary structure to the principal use of the lot used
generally for the storage of supplies, commercial goods, commercial
vehicles, or maintenance materials and equipment. The structure shall
not be used as a dwelling for persons or animals.
The principal activity is to provide amusement devices which
may be operated by the public, generally for use as a game, entertainment,
or amusement.
A use involving the retail and/or wholesale sales of all
types of building materials which may be conducted inside and/or outside
a building.
An accessory structure used for storage of material or other
uses in conjunction with a swimming pool.
See the definition set forth in P.L. 2021, c. 16. (N.J.S.A.
24:6I-33).
[Added 8-17-2021 by Ord.
No. 3627]
See the definition set forth in P.L. 2021, c. 16. (N.J.S.A.
24:6I-33).
[Added 8-17-2021 by Ord.
No. 3627]
See the definition set forth in P.L. 2021, c. 16. (N.J.S.A.
24:6I-33).
[Added 8-17-2021 by Ord.
No. 3627]
See the definition in P.L. 2021, c. 16. (N.J.S.A. 24:6I-33)
either a Cannabis Cultivator, a Cannabis Manufacturer, a Cannabis
Wholesaler, or a Cannabis Retailer.
[Added 8-17-2021 by Ord.
No. 3627]
See the definition set forth in P.L. 2021, c. 16. (N.J.S.A.
24:6I-33).
[Added 8-17-2021 by Ord.
No. 3627]
See the definition set forth in P.L. 2021, c. 16, (N.J.S.A.
24:6I-33) and shall include Medical Cannabis Dispensaries.
[Added 8-17-2021 by Ord.
No. 3627]
See the definition set forth in P.L. 2021, c. 16. (N.J.S.A.
24:6I-33).
[Added 8-17-2021 by Ord.
No. 3627]
A two-story "accessory building or structure" containing
an enclosed garage on the first story and a "habitable unit" on the
second story and is detached from the "main building."
|
* Residential use of the carriage house shall not
be permitted on the first floor.
|
|
* Maximum habitable floor area of a carriage house
shall be not more than 720 square feet and may not extend beyond the
footprint of the garage below.
[Added 3-28-2023 by Ord.
No. 07-23] |
A portion of a building with less than 1/2 of its floor-to-ceiling
height above the average grade level of the ground immediately adjacent
to the building or with a floor-to-ceiling height of less than 6 1/2
feet.
A certificate issued by the Construction Code Official or
the Zoning Official upon the completion of construction of a structure;
completion of an alteration of a structure; change of ownership; change
of use; and change of commercial tenant with multiple use; change
of each commercial tenant and of each use.
Any massage, bodywork and somatic therapy establishment which
strictly limits its service to massages that are administered to clients
who are seated in a massage chair and remain fully clothed in their
own personal clothing for the duration of the service. Furthermore,
no bare skin contact is made or permitted with the client, nor are
any oils, creams or lotions applied to the client. The massage is
strictly limited to the back, neck, shoulders and feet.
[Added 3-28-2023 by Ord.
No. 07-23]
An establishment that is engaged primarily in check cashing
services, usually for a fee, or pay day loan advances, but provides
little to no other banking services.
[Added 3-28-2023 by Ord.
No. 07-23]
Any establishment, or area within an establishment, designated
specifically for the smoking of tobacco products, purchased on the
premises or elsewhere; except that a cigar lounge that is in an area
within an establishment shall be an area enclosed by solid walls or
windows, a ceiling and a solid door and equipped with a ventilation
system which is separately exhausted from the nonsmoking areas of
the establishment so that air from the smoking area is not recirculated
to the nonsmoking areas and smoke is not backstreamed into the nonsmoking
areas.
[Added 3-28-2023 by Ord.
No. 07-23]
A commercial establishment that sells full-sized, hand-rolled
cigars, and which derives at least 60% of its total annual gross sales
from the sale of such full-sized, hand-rolled cigars.
[Added 3-28-2023 by Ord.
No. 07-23]
The provision of a triangular-shaped area for purposes of
maintaining proper sight visibility, which shall be designed and in
accordance with ASHTO standards.
A facility providing medical, psychiatric, therapeutic, or
surgical service for sick or injured persons exclusively on an out-patient
basis, including immediate care, emergency treatment, diagnostic services,
training, administration, and services to outpatients, employees,
or visitors.
A facility operated by one or more physicians, dentists,
chiropractors or other licensed practitioners of the healing arts
for the examination and treatment of persons solely on an outpatient
basis.
Premises or structure reserved for the exclusive use of members
of an organization and their guest for civic, charitable, social or
recreational purposes not conducted for gain, provided that there
are not conducted any merchandising or commercial activities, except
as required by the membership for the purposes of such "club".
See USE, CONDITIONAL.
A shop engaging in the business of accepting for sale, on
consignment, any goods other than precious or semiprecious metals,
gems, or golf clubs.
[Added 3-28-2023 by Ord.
No. 07-23]
The officer or other personnel, authorized by the Belleville
Township Council and charged with the administration and enforcement
of this chapter, or his/her duly authorized representative, as appropriate.
A retail commercial establishment, not exceeding 1,500 square
feet (135 sq. m.) of gross floor area, supplying daily household necessities
for the immediate surrounding area in which articles for sale are
restricted to a limited range of primarily food items such as milk,
bread, soft drinks, ice cream, canned and bottled goods, snacks and
candy, meat, and to compliment such items which may include the limited
sale of magazines, books, housewares, toiletries, stationary, patent
medicines, tobacco products.
[Added 3-28-2023 by Ord.
No. 07-23]
An open, unoccupied space on the same lot with a building
not extending to either the street or the rear yard.
An open unoccupied space on the same lot with a building
extending to either the street or the rear yard.
The relationship of the main structure and all accessory
structures (ground floor area) in relationship to the total lot area
expressed as a percentage.
The relationship of all paved impervious surfaces, including
any structures, sidewalks, driveways, to the total lot area expressed
as a percentage.
A right-of-way, dedicated to public use, to facilitate pedestrian
access.
The mean level of the existing curb or of the lot at the
street line.
Any place where dancing lessons are given for a charge or
other consideration. "Dance studio" does not include a public dancehall,
dance club or teenage dance, as defined in this chapter.
[Added 3-28-2023 by Ord.
No. 07-23]
An establishment where musical entertainment is provided,
either by persons or mechanical means, for the purpose of providing
social dancing opportunities for its patrons.
An approved and licensed facility to provide daily care for
children of pre-school or school age.
A structure within six feet of the main building that may
or may not have railings or access to the ground, but does not contain
walls or a roof.
A structural platform located above the finished roof material
of a building, al-ways enclosed by a railing or balustrade defined
by building code, accessed from below the roof, and designed to function
as an outdoor patio or observation plat-form.
A structure six feet or more from the main building that
may or may not have railings or access to the ground, but does not
contain walls or a roof.
A person as defined in Section 2 of P.L. 1977, c. 448 (C.
30:11 B-2).
The Director of Planning for the Township of Belleville or
his/her designee.
Any establishment engaged in the act of distilling any alcoholic
beverage for sale and/or distribution to wholesalers, retailers, or
consumption on the premises.
See ZONING DISTRICT.
A small-format, deep-discount retailer that sells an assortment
of consumables and non-consumables, including food, home products,
apparel and accessories, and seasonal items, at prices typically under
$10. Does not include convenience stores.
[Added 3-28-2023 by Ord.
No. 07-23]
An open area used as a means to provide vehicular ingress
and egress to a lot, also the paved area directly in front of a dwelling
unit or a detached garage.
A licensed establishment intended for the treatment of drug
or alcohol related conditions through accepted medial practice.
A building designed as a single structure, containing two
separate dwelling units, separated from one another by an unpierced
wall extending from ground to roof, each of which has direct access
to the outside. Each unit can be located on a separate lot.
A building designed or used for permanent living quarters
for one or more families.
Use of the term "Dwelling" and its modifications in various
forms shall exclude the following types of residence including hotel,
motel, motor lodge, rooming house, boarding house or such accommodations
used for transient occupancy.
A dwelling unit is a room or series or connected rooms containing
living, cooking, sleeping and sanitary facilities for one housekeeping
household unit. The dwelling unit shall be self-contained and shall
not require access through another dwelling unit or other indirect
route to get to any portion of the dwelling unit, nor shall there
be shared facilities with another housekeeping household unit.
|
Dwelling Units Type - Definitions:
| |
|
a.
|
Dwelling Detached Single Family - A free standing residential
building which contains one dwelling unit which has no common walls
with any other dwelling units.
|
|
b.
|
Dwelling Attached (Two-Family) - A dwelling unit sharing common
vertical (over/under) or horizontal (side-by-side) separation with
one or more dwelling unit.
|
|
c.
|
Dwelling Attached (Three-Family) - A dwelling unit sharing common
vertical or horizontal separation with two other dwelling units. And,
a Two-Family dwelling with a free-standing garage containing a one-bedroom
unit above.
|
|
d.
|
Dwelling Duplex - A building containing two dwelling units,
stacked horizontally (side-by-side) in a similar way to attached Townhomes,
each of which has direct access to the outside.
|
|
e.
|
Dwelling Triplex - A building containing three dwelling units,
stacked horizontally (side-by-side) in a similar way to attached Townhomes,
each of which has direct access to the outside.
|
|
f.
|
Dwelling Three Family - A building containing three dwelling
units connected vertically and/or horizontally but with each unit
having direct access to the outside or to a common hall.
|
|
g.
|
Dwelling Multiple Family — More than three dwelling units
sharing common separations in a single structure.
|
|
h.
|
Townhouse — A one-family dwelling unit, with a private
entrance, which is part of a structure whose dwelling units are attached
horizontally (side by side) in a linear arrangement extending from
the foundation through the roof and having a totally exposed front
and rear wall to be used for access to the outdoors and is connected
to the other dwelling units by a single party wall with no openings.
Each unit is located on a individual lot.
[Added 7-9-2019 by Ord.
No. 3537; amended 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644] |
A dwelling located on the same lot and to the rear of the
main building for which the lot is used.
A dwelling unit designed specifically for persons aged 55
and older or older as regulated by sponsoring government agency or
non-profit entity which may include a deed restriction regarding the
age of the occupants.
A building containing two dwelling units only.
A restriction established in a real estate deed to permit
the use of land by the public, a corporation, or particular persons
for specific uses.
An individual, or two or more persons related by blood or
marriage or two unrelated individuals, living together as a single
housekeeping unit in a dwelling unit.
Any fence which is composed, in whole or part, of barbed
or razor wire.
A metal fence composed of interlocking steel chains or links
which form an open pattern, commonly referred to as a cyclone fence.
[Amended 4-12-2022 by Ord. No. 3644]
A metal fence, or part of, which is connected to a source
of electrical energy either alternating (AC) or direct (DC) current,
whether energized or not.
A fence having open spaces which are at least the same size
as and between each two picket slats or a basket weave construction
with equal closed and open spacing.
See FENCE, BARBED WIRE.
A fence providing minimum spacing between fence elements
whether the construction elements are on the same side or alternating
sides of the fence.
Any commercial establishment which provides banking, investment,
loan, mortgage or related services to the public.
A fabric or material containing distinctive colors, patterns
or symbols used as a symbol of a government, political subdivision
or other entity.
The total of all floor area of a building or structure measured
to the outside of the exterior walls.
The existing or potential area within a building exclusive
of corridors, storage rooms, washrooms, basements, porches, breezeways
and garages.
A facility established primarily for the service of food
and drink which shall include restaurants of all classes, bakeries,
ice cream parlors, taverns and delicatessens.
[Added 6-9-2020 by Ord.
No. 3574]
An accessory building or part of a main building limited
to the following uses: storage of private or permitted motor vehicles
and incidental servicing of these vehicles, storage of household effects,
tools, and such other items of equipment as are directly related to
the care, use and upkeep of the dwelling, the buildings, and lot,
home occupation items, and cottage craft items. Nothing contained
herein shall be construed as permitting any detached accessory garage
to be used for human habitation or any business of commercial activity.
See AUTOMOTIVE/VEHICLE, BODY SHOP.
A building designed for temporary storage of motor vehicles
which may be of open or enclosed construction.
See GARAGE, ACCESSORY.
See GARAGE, ACCESSORY.
A group of detached or attached apartment houses not more
than two stories in height containing dwelling units, with each unit
having its own cooking facilities.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for sale in conjunction with a retail operation which may either
be on or off-site.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for personal enjoyment.
A roof covered with vegetation, designed for its aesthetic
value and to optimize energy conservation.
An establishment that provided any combination of facilities
for aerobic exercise, running and jogging, exercise equipment, game
courts, swimming and saunas, showers, massage rooms and lockers, and
may include a pro shop for the sale of limited merchandise and equipment
for member's use.
Shall mean and include tailoring activities, art instructions,
musical lessons, cottage craft and hobbies or similar occupations
for profit provided there shall be no employees.
The activities shall be conducted solely by the resident-owner-occupants
of the building and no display of advertising or display of products
shall be visible from the street.
The office or studio of a resident physician, artist, writer,
dentist, lawyer, architect, engineer, accountant or teacher as herein
restricted; provided that not more than two persons are employed who
are not members of the family, and that such office shall be on the
ground floor of the main building and shall not occupy more than 1/2
of the area of the ground floor of said building. For the purpose
of this paragraph, a "teacher" shall be restricted to a person giving
individual instruction in academic or scientific subjects to a single
pupil at a time.
A professional shall not include the office of any person
professionally engaged in the purchase or sale of economic goods.
The professional office of a physician shall not include a biological
or other medical testing laboratory.
A long-term residential care facility for medical or convalescent
care of patients or the elderly with full supervision and licensed
by the State.
A building or set of buildings housing an institution licensed
by the State providing health services primarily for human in-patient
medical or surgical care for the sick or injured and including related
facilities such as laboratories, out-patient departments and staff
offices that are in integral part of the facilities.
See GREENHOUSE.
See MOTEL.
A medical service staffed by licensed physicians for out-patient
care of humans where emergency or immediate service is customarily
rendered on a walk-in basis without appointment.
A device used to burn waste substances and in which all the
combustion factors (temperature, retention time, turbulence and combustion
air) can be controlled.
Indoor farming is a method of growing crops or plants, usually
on a large scale, entirely indoors. This method of farming often implements
growing methods such as hydroponics and utilizes artificial lights
to provide plants with the nutrients and light levels required for
growth.
[Added 7-9-2019 by Ord.
No. 3537]
A lot, land or structure of more than 100 square feet used
primarily for the collecting, storage and sale of waste paper, rags,
scrap metal, or other scrap or discarded material or for the collecting,
dismantling storage or salvaging of machinery or vehicles not in running
condition, and the sale of parts thereof.
Any room principally used, intended, or designed to be used
for cooking or the preparation of food.
[Added 7-9-2019 by Ord.
No. 3537]
A second kitchen in one dwelling unit.
[Added 7-9-2019 by Ord.
No. 3537]
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
A business establishment which provides washing, drying or
dry cleaning services for other businesses and or governmental agencies.
An establishment providing washing, drying or dry cleaning
machines on the premises for retail use. To the general public; also
known as a "LAUNDROMAT."
An off-street space surfaced to be available in all weather,
suitable for loading or unloading of goods and having direct access
to a street.
Any parcel, plot, site, or portion of land separated or divided
from other parcels or portions by description on a subdivision plat,
deed, record or survey map or by metes and bounds with the intention
of offering such unit for sale, lease or separate use either as an
undeveloped site, regardless of how it is conveyed.
The boundary of a lot which is along an existing or dedicated
public or private street, or where no public street exists, is a long
a public right of way.
That boundary of a lot which is most distant from and is
more nearly parallel to the front lot line.
Any boundary of a lot which is not a front nor rear lot line.
A lot abutting two or more streets at their intersection
or upon two parts of the same street; such streets or part of the
same street forming an interior angle of less than 135°. The point
of intersection of the street lot lines is the corner. A corner lot
shall have two front lot lines abutting the street R-O-W line and
two side lot lines abutting an interior side lot line of the adjacent
lots.
[Amended 10-13-2020 by Ord. No. 3598]
The average distance from the front lot line to the rear
lot line measured in the general direction of the side lines of the
lot.
The actual grade provided on a lot at the completion of any
construction or lot disturbance.
The horizontal distance measured along the full length of
the front lot line.
Any lot which is not a corner lot.
A lot or parcel which does not have the minimum width or
depth or contain the minimum area for the zone in which it is located.
A lot extending from one street to another.
The distance between the two side lot lines of a lot measured
at the front yard setback.
An OFFICE, CO-WORKING space in which the facilities provided
for shared use by members may include equipment and tools for fabrication
that are customary for machine shops, wood working shops, or other
similar light industrial facilities.
[Added 7-9-2019 by Ord.
No. 3537]
Any establishment that engages in the mechanical or chemical
transformation of materials or substances into new products including
the assembly of component parts, the creation of products, and the
blending of materials, such as lubricating oils, plastic, resins,
or liquids.
Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentation, electric or magnetic
treatments, or any other treatment manipulation of the human body
which occurs as a part of or in connection with specified sexual activities,
or, where any person providing such treatment, manipulation, or service
related thereto, exposes his or her specified anatomical areas. This
definition does not include an athletic club, health club, school,
gymnasium, reducing salon, spa or similar establishment where massage
or similar manipulation of the human body is offered as an incidental
or accessory service (provided by a New Jersey State licensed practitioner).
[Amended 3-28-2023 by Ord. No. 07-23]
Any systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, position and mobilizing
soft tissue of the body by manual technique and use of visual, kinesthetic,
auditory, and palpating skills to assess the body for purposes of
applying therapeutic massage, bodywork or somatic principles. Such
applications may include, but are not limited to, the use of therapies
such as heliotherapy or hydrotherapy, the use of moist hot and cold
external applications, external application of herbal or topical preparations
not classified as prescription drugs, movement and neuromyofacial
education in self-care and stress management. Massage, bodywork, and
somatic therapies do not include the diagnosis or treatment of illness,
disease, impairment, or disability.
[Added 3-28-2023 by Ord.
No. 07-23]
Any person licensed pursuant to the provisions of the Massage
and Bodywork and Therapist Licensing Act, N.J.S.A. 45:11-53.
[Added 3-28-2023 by Ord.
No. 07-23]
Any establishment wherein massage, bodywork and/or somatic
therapies are administered or are permitted.
[Added 3-28-2023 by Ord.
No. 07-23]
A comprehensive plan consisting of mapped and written proposals
duly adopted by the Planning Board for the future growth, protection
and development of the Township in accordance with C40:55d-28 of the
Municipal Land Use Law.
Clinic which has been established for the dispensing of methadone
(Dolophine, Methadose). Methadone treatment is indicated in patients
who are opioid dependent or have a history of opioid dependence.
[Added 7-9-2019 by Ord.
No. 3537]
See the definition set forth in P.L. 2021, c. 16 (N.J.S.A.
24:6I-33).
[Added 8-17-2021 by Ord.
No. 3627]
A use which combines a retail or business use on the ground
floor with a residential use in the same structure.
A vehicle or portable structure mounted or designed for mounting
on wheels used for dwelling purposes, including structural additions,
except parked or unoccupied recreational vehicles. Any such vehicle
or structure shall be deemed to be a "mobile home" whether or not
the wheels have been removed and whether or not resting upon a temporary
or permanent foundation.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transients and providing accessory off-street parking.
The terms shall not be construed to include mobile or immobile trailers.
A facility for the production of motion pictures which includes
stages, exterior sets, film laboratories, sound recording facilities,
construction, repair, and storage facilities, caretaker's, and other
temporary dwellings, related commercial vehicles, and accessory fabrication
activities.
[Added 3-28-2023 by Ord.
No. 07-23]
Music Recording Studio: A facility maintained and equipped
for sound recording and mixing for the purposes of producing a product
for commercial consumption.
[Added 3-28-2023 by Ord.
No. 07-23]
See STRUCTURE, NON-CONFORMING.
See USE, NON-CONFORMING.
An offensive or obnoxious thing or practice; a source of
annoyance, especially a continuing of repeating invasion or disturbance
of another's rights, including the actual or potential use across
a property line which can be perceived by or affects a human being,
or generation of an excessive or concentrated movement of people or
things such as but not limited to: noise, dust, smoke, vibration,
radiation, transportation by truck, rail, or other means.
Land or green houses used to raise flowers, shrubs and plants
for cultivation and sale.
An establishment consisting of a room or group of rooms used
for conducting the affairs of a business and generally furnished with
desks, files and communications equipment, but which does not offer
merchandise for sale.
An office space which may contain desks and other work spaces
and facilities intended for shared use by members.
[Added 7-9-2019 by Ord.
No. 3537]
A space which provides flexibility in terms of its uses,
and may include spaces which can be purposed as general office space,
light industrial space for fabrication with tools or equipment that
is limited to those which do not generate noise or pollutants beyond
what is customary in a professional or business office environment,
laboratory space, or other similar uses incorporated into one space
or building, where such spaces can be readily used for different functions
at different times. Such use may often include high bays and overhead
garage doors not typical of traditional business or professional offices.
[Added 7-9-2019 by Ord.
No. 3537]
An open area, which can be placed at appropriate locations
during emergency conditions, limited to five vehicles.
An open area for the storage of one or more motor vehicles,
provided no business, occupation or service is conducted for profit
therein.
Shall mean an off-street space available for the parking
of one motor vehicle and having direct useable access to a street
or alley.
An open area, other than a street or other public way, privately
owned, used for the parking of or storage of vehicles and available
to the public whether or not a fee is charged.
An open area or structure, other than a street or other public
way, owned by a government agency, used for the parking of vehicles
and available to the public whether or not a fee is charged.
A level surfaced area directly adjacent to a principal building
which has an average elevation of not more than 30 inches, and without
walls or a roof. A patio may be constructed of any materials and intended
for outdoor lounging, dining, and the like.
[Added 7-9-2019 by Ord.
No. 3537]
A building and/or site used for "retail" but in which the
goods for sale are second hand personal items to be administered,
when such therapies are administered for any form of consideration.
[Added 3-28-2023 by Ord.
No. 07-23]
See ADULT MOTION PICTURE THEATER.
Any lightweight plastic, fabric or other material whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series and designated to move in the wind, attached
to the premises, pole, tree, or other structure of said premises.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
the plat, including performance bonds, escrow agreements, or other
collateral or surety agreement.
Permanent makeup is a cosmetic technique which employs permanent
pigmentation of the dermis as a means of producing designs that resemble
makeup, such as eye lining and other permanent enhancing colors to
the skin of the face, lips, and eyelids.
A business establishment where prescription medical drugs
are prepared and sold at retail.
An establishment engaged in the processing of photographic
film and related materials.
A facility that houses exercise equipment and space for the
purposes of physical exercise as part of classes and/or for self-guided
training.
A meeting hall, club house, auditorium, church, synagogue,
or other structure or portion thereof, used at regular or periodic
intervals as a gathering place for the purposes of, but not limited
to, conferences, worship, entertainment, amusement, recreation or
education, or performance of social, athlete or cultural programs.
A special committee of the planning Board consisting of the
Zoning Official, Township Engineer, and Planning Board Chair or a
Planning Board member designated by the Chair and one class 4 member
of the Planning Board. It is also known as the Subdivision Committee.
This committee shall review all development prescribed within Chapter
XX and at the discretion of the Zoning Official, commercial signage,
facade and fencing when determined necessary.
[Added 4-12-2022 by Ord.
No. 3644]
See DAY CARE FACILITY.
An establishment engaged in printing, embossing or any related
method of transferring printed materials to all types of materials.
See DWELLING, REAR.
A useable, single tract or portion of land developed for
recreation and play.
An establishment providing completely enclosed recreation
activities, including, but not limited to, coin-operated amusement
devices, bowling alley, billiards, ice skating or roller rink, or
sports and fitness training facilities.
A structure and/or lot where discarded glass, metals, plastic,
paper products, vehicles tires, vehicles fluids (oil, anti-freeze,
etc.) are collected in small quantities, repackaged in bulk and redistributed
unprocessed.
Establishment providing physical therapy for muscular and
skeletal rehabilitation and regeneration.
An establishment where unpackaged food and beverages (alcoholic/non-alcoholic)
is prepared, served in individual servings and consumed primarily
within the principal premises.
An establishment which by design of physical facilities or
by service of packaging procedures, permits or encourages the purchase
of prepared ready-to-eat foods and/or non-alcoholic beverages intended
primarily to be consumed off the premises.
[Amended 7-9-2019 by Ord.
No. 3537]
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food and/or non-alcoholic beverages
directly to the customer in a ready-to-consume state for consumption
either within the premises, in a motor vehicle on site, or off premises.
[Amended 7-9-2019 by Ord.
No. 3537]
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods, including but not limited
to such businesses as: a bakery, brewery, clothing store, gift shop,
hardware store, liquor store, grocery store, butcher shop, pharmacy
dispenser other similar establishment.
Establishments providing services or entertainment, as opposed
to products, to the general public for personal or household use,
including but not limited to financial institutions and banks, repair
shops, barber/beauty shops, tailors, furniture cleaning, laundry services,
locksmith, pet grooming, or motion picture theater.
The Planning Board or the Board of Adjustment, depending
upon the type of approval sought or the variances required in a particular
case.
The land and space required on the surface, sub-surface,
and overhead for the construction and installation of materials necessary
to provided passage way for vehicular traffic, pedestrians, utility
lines; poles, conduits and mains, signs, hydrants, trees, and shrubbery
and the proper amount of light and air as established by local authorities
and shall be measured from lot line to lot line.
A private or public means of ingress and egress into and
out of the development or the means of circulating around a development.
Satellite dish/antenna means any antenna, typically in the
shape of a shallow dish, and appurtenant equipment, used for the reception
of communications (television or otherwise) from orbiting satellites
or ground transmitters.
[Added 3-28-2023 by Ord.
No. 07-23]
A school limited to special instruction such as, but not
limited to, business, art, music, trades, handcraft, or dancing.
See DAY CARE FACILITY.
An elementary or intermediate school other than a parochial
school, giving regular instruction capable of meeting the requirements
of State compulsory education laws and approved as such and operating
at least five days a week for a normal school year and supported by
other than public funds.
A building designed and used for the purpose of renting or
leasing individual storage space divided by individual room or locker
compartments to individuals or businesses who are to have access to
such facility for the purpose of storing and removing personal property
and possessions. A self-storage facility is not a warehouse.
[Added 4-12-2022 by Ord.
No. 3644]
An accessory structure used for storage, usually associated
with a residential dwelling.
An establishment which provides facilities for the use of
firearms and/or archery equipment shooting at specific targets under
controlled conditions, as well as ancillary facilities including,
but not limited to a pro shop, equipment sales and licenses.
That portion of the public easement which lies between the
building line and the curb.
[Amended 6-9-2020 by Ord.
No. 3574]
The use of partitioned space on the sidewalk beyond the building
line to accommodate tables, chairs, and the serving of food and drink
to patrons of a restaurant fronting on that space. During a Public
Health Emergency as declared by the Governor of the State of New Jersey,
and for 90 days after said Public Health Emergency is declared to
no longer exist by the Governor of the State of New Jersey, "Sidewalk
Cafe" shall also include any sidewalk on the side and rear of the
building, and any space adjacent to the restaurant outside the public
rights-of-way or easements for public use, which are contiguous to
the legally established restaurant or other eating or drinking establishment
including, but not limited to parking areas, private walkways, and
patios.
[Added 7-9-2019 by Ord.
No. 3537; amended 6-9-2020 by Ord. No. 3574]
Any object, display, device or structure or part thereof,
located outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service event or location by any
means including words, letters figures, design, symbol, fixture, colors,
illumination or projected images.
Any sign or part thereof which changes physical position
or light intensity by any movement or rotation or which gives the
visual impression of such movement or rotation.
The total surface, including frame and/or supports, of the
background upon which the sign is contained. This shall not be construed
to include the supporting members of any sign which are used solely
for the purpose of structural or mechanical support.
If there is no background, the "sign area" shall be the product
of largest horizontal width and the largest vertical height of the
lettering, illustration or display.
A sign that is part of or attached to an awning or canopy
such that the sign does not project above, below or beyond the awning
or canopy.
A sign which directs attention to a business, commodity,
service or entertainment conducted sold or offered at a location other
than the premises on which the sign is located.
A blade sign is a sign projecting perpendicular to a building
facade so that the sign surface is perpendicular to the normal flow
of traffic pedestrian or vehicular. Blade signs may be attached to
the building, or hanging from a pole perpendicular to the building
or hanging from an awning or canopy. They shall project a maximum
of 36 inches from the building and must be attached to the ground
floor building area so that the base of the sign is at least eight
feet above the sidewalk. With a maximum area of 6.25 square feet per
side.
[Added 7-9-2019 by Ord.
No. 3537]
A sign which directs attention to a business or profession
conducted, or to a commodity or service sold, offered or manufactured,
or to an entertainment offered on the premises where the sign is located.
A sign which contains the name and/or symbol and other pertinent
information such as, but not limited to, meeting time, meeting place,
welcome message or slogan of the organization.
A temporary sign displaying the name, address and telephone
number of persons or business providing building improvement services
to a residence or other building or property.
A sign, generally informational, limited to directional messages,
principally for pedestrian or vehicular traffic, such as "one-way,"
"entrance," "exit."
A sign, which identifies an institution or organization on
the premises of which it is located and which contains the name of
the institution or organization, and may contain the names of individuals
connected with it and general announcements of events or activities
occurring at the institution or similar messages.
See SIGN, CIVIC.
A type of structure designed with structural uprights or
masonry walls which is attached to the ground and not attached to
any building, its purpose to hold or support any of the signs described
within the section.
See SIGN, DIRECTORY.
Any sign attached to, in any manner, or made part of a marquee
by direct lettering or attachment of lettering to the surface.
A two-sided sign attached to a permanent foundation or decorative
base and not attached or dependent on support from any building, pole,
posts or similar uprights.
[Added 7-9-2019 by Ord.
No. 3537]
Illuminated tubes which frame any portion of a glass front
of a building or window.
[Added 7-9-2019 by Ord.
No. 3537]
A sign, bearing the name of owner/occupant or a professional
person and may include the local address or profession of the professional
of a building or premises.
Any sign which directs attention to any candidate for political
office or to any political campaign drive, movement or event.
A sign that is not permanent, affixed to a building structure
or the ground or a sign designed to be transported, including, but
not limited to A-or T-frames and sandwich board signs; balloons used
as signs; umbrellas used for advertising; signs attached to or painted
on vehicles parked and visible from the public-right-of-way, unless
said vehicle is used in the normal daily operation of the business.
A sign that is wholly or partly dependent upon a building
for support by means of structural members and mounted directly to
the building and may be of such construction that it contains apparatus
for internal illumination.
See SIGN, FREE STANDING.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises on which the sign is located.
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and that projects
above the top walk or edge of a building with a flat roof, the eaves
line or a building with a gambrel, gable, or hip roof, or the deck
line of a building with a mansard roof.
A sign or advertising display constructed of cloth, canvas,
fabric, plywood or other light material and designed or intended to
be displayed for 30 days or less.
A sign attached parallel to, but with its leading edge extending
no more than nine inches from a wall, painted on the wall surface
of, or erected and confined within the limits of an outside wall of
any building or structure, which is supported by such wall or building,
and which displays one sign surface.
A sign fastened to or painted on a window or which is hanging
within six inches inside of the window and which can be viewed from
the exterior of the structure through said window.
Any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco, tobacco products,
or tobacco paraphernalia; provided, however, that any grocery store,
supermarket, convenience store or similar retail use that only sells
conventional cigars, cigarettes or tobacco as an ancillary sale shall
not be defined as a "smoke shop and tobacco store" and shall not be
subject to the restrictions in this chapter.
[Added 3-28-2023 by Ord.
No. 07-23]
A soundproof structure, building or room, used for theatrical
filmmaking and television productions.
[Added 3-28-2023 by Ord.
No. 07-23]
The distance the upper floors or portions of a building or
structure are setback from the outermost edge of that building or
structure as measured from its intersection with grade. Upper floors
may be any floor above the ground floor.
That part of a building between any floor and the floor above,
or in its absence, the ceiling or roof above. A story which extends
less than six feet above the mean grade and level of the ground immediately
adjacent to the building shall not be counted in determining the number
of stories.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
A street with signals at important intersections or access
control and channelized intersections with restricted parking that
distributes traffic to and from collector streets.
A street that collects traffic from local streets and connects
with arterial streets.
Any combination of materials that is constructed or erected
which requires permanent or temporary location on the ground or permanent
or temporary attachment to something which is erected on the ground
and designed, intended or arranged for the housing, shelter, enclosure,
and/or structural support of persons, animals, or property of any
kind.
Any change, re-arrangement, reconstruction of any part or
existing facility, or removal of a building from one location to another.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the Zoning
Ordinance, but which fails to conform to the requirements of the Zoning
District in which it is located by reason of such adoption, revision
or amendment.
A facility for the purposes of temporary or long-term inpatient
or out-patient treatment of persons for alcohol or drug use or addiction.
[Added 7-9-2019 by Ord.
No. 3537]
A water filled enclosure, which is permanently constructed
in the ground, or in a permanent foundation above ground, which is
designed, used and maintained only for swimming and bathing.
A water filled enclosure, which is constructed above the
level of the surrounding land with a depth of more than 48 inches
and may be disassembled or mechanically dismantled.
A temporary pool with a water capacity not in excess of 18
inches in depth.
The placement of one parking space behind another parking
space, such that there are a maximum of three vehicles stacked together
to form a chain. Vehicles in the tandem spaces may be stacked close
together or parked far apart but will be considered tandem parking
when only one parking space of the three has unobstructed access to
the driveway/road. Up to three rows of tandem parking chains are permitted
in Residential Zones. Chains of greater than three vehicles are prohibited.
[Added 4-12-2022 by Ord.
No. 3644]
An establishment where decorative designs are placed on the
human skin by mechanical or other means and which are intended to
be permanent.
A retail establishment for the sale of alcohol and other
beverages for on the premises and off the premises consumption with
incidental food service.
A place of public entertainment for the purpose of exhibition
of motion picture and or performance of dramas and other social or
cultural programs.
[Added 3-28-2023 by Ord.
No. 07-23]
Any for-profit establishment that sells secondhand goods.
Also includes consignment shop, pawn shop or other similar enterprise.
[Added 3-28-2023 by Ord.
No. 07-23]
A vehicular-type portable structure without a permanent foundation
that can be towed, hauled or driven and is primarily designed as a
temporary living accommodation for recreational, camping, and travel
use and including, but not limited to travel trailer, truck campers,
camping trailers and self-propelled motor homes.
A structure on wheels, towed or hauled by another vehicle
and used for carrying miscellaneous, non-permanently mounted items.
Any building, premises or land where two or more trucks over
1 1/2 tons gross vehicle weight are parked overnight and which
may involve the loading and unloading of cargo and the maintenance
and repair of said vehicles.
The specific purpose, of which a lot, structure or premises
is designed, arranged, intended or occupies.
A use which is customarily incidental and subordinate to
the principal use of the lot or a building and located on the same
lot therewith.
A use permitted in a particular zoning district only upon
a showing that such use in a specific location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance, and upon the issuance of an
authorization therefore by the Planning Board.
A use which combines a permitted retail or business use on
the ground floor with a residential use in the same structure.
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance, but which fails to conform
to the requirements of the Zoning District in which it is located
by reason of such adoption, revision of amendment.
A use allowed in a District under the terms of this chapter
and not deemed to include a non- conforming use.
The primary purpose for which a lot or a main building is
designed or used.
A use not permitted in a District under the terms of this
chapter. All uses not permitted are prohibited, and the listing of
certain uses as specifically prohibited reiterates the prohibition
regarding those uses.
Any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of electronic smoking
devices, liquid nicotine, liquid nicotine containers or vapor product
as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2).
[Added 3-28-2023 by Ord.
No. 07-23]
A modification of the regulations of this chapter, in accordance
with the Municipal Land Use Law C.291 P.L. 1975.
Every type of vehicle used for commercial purposes, such
as transportation of goods, wares, merchandise and passengers excepting
vehicles of the passenger car type commonly known as station wagons
or mini-vans, but including trailers and construction equipment of
every kind.
A vehicle in, upon or by which a person or property may be
transported, which is in such state or condition that is incapable
of being operated under its own power, or is in such state of condition
that, if operated would constitute a hazard.
A vehicle not over 30 feet long, primarily designed as temporary
living quarters for recreation, camping or travel use (including boats),
which either is self-powered or is mounted on or towed by another
vehicle which is self-powered.
See CROSS WALK.
A structure separating different topographical elevations.
A completely enclosed structure used for the temporary storage
of unfinished and/or finished goods and merchandise.
An open space extending between the closest point of any
building and a lot line or street line.
An open unoccupied space on the same lot with a building,
situated between the street wall of the building and the street line
of the lot, extending through from one side lot line to the other
side lot line, using a line which measures the shortest distance between
the front comer of the building and the side lot line as the limit
of the front yard.
An open, unoccupied space on the same lot with a building,
situated between the rear wall of the building and the rear line of
the lot, extending through from one side lot line to the other side
lot line, using a line which measures the shortest distance between
the rear comer of the building and the side lot line as the limit
of the rear yard.
An open, unoccupied space on the same lot with a building,
situated between the side wall of the building and the side line of
the lot, extending to the lines which define the front and rear yards.
Any part of the territory of the Township to which certain
uniform regulations and requirements of this chapter apply.
The officer or other personnel authorized by the Belleville
Township Council and charged with the administration and enforcement
of the chapter, or his/her duly authorized representative, as appropriate.
[Ord. No. 3134; Ord. No. 3216; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
a.
No building or premises shall be built or erected, nor shall any
building be altered so as to expand its useable floor area, nor shall
there be a change of use of any building or premises unless there
is provided off-street parking spaces upon the same premises upon
which the use of building is located in accordance with the Schedule
of Minimum Parking Space Requirements, except as per the exemptions
within the B-G and B-A Districts for permitted businesses within pre-existing
buildings, as identified within the B- G and B-A District Standards.
b.
Visitor Parking. Any multi-family residential projects or buildings
not within the PRD District containing 20 dwelling units or greater
shall be required to provide visitor parking spaces in addition to
the minimum per unit space requirements of this chapter. There shall
be a minimum of one visitor space for every 10 resident spaces. The
spaces shall be labelled as visitor parking and be evenly dispersed
throughout the project when there are multiple residential buildings.
These spaces shall not be rented from off-site locations.
|
Residential Parking Requirements for the R-A, R-B, R-C, and
PRD Districts
| |
|---|---|
|
Residential only buildings:
1st - 3rd bedroom
|
1 space per bedroom
|
|
Residential only buildings:
4th bedroom and greater
|
0.75 spaces per bedroom
|
|
Mixed-uses buildings, where dwelling units are above retail
|
Studio or 1 bedroom unit - 0.5 space per dwelling
2 bedroom unit - 1 space per unit
3 or more bedrooms - 1.5 spaces per unit
|
|
Nursing home/assisted living facility/convalescent home
|
0.5 space per bed
|
|
Table Notes:
| ||
|
a.
|
For one and two and three family homes curb cuts can be extended
to allow a driveway with tandem parking along the side of the house,
(up to 0.5 feet from the side property line) in addition to the parking
area in front of and in the garage. The driveway shall not extend
the full width of the parking at the curb in order to preserve and
maximize on-street parking. Permitted extensions are based on the
existing lot width at the street line. They are as follows:
| |
|
1.
|
Lots 25 feet - 34 feet = 10 feet extension.
| |
|
2.
|
Lots 34.1 - 49 feet = 16 feet extension.
| |
|
3.
|
Lots 49.1 - and greater = 18 feet - 24 feet.
| |
|
4.
|
The curb cut of the driveway and the extension shall not exceed
a maximum of 24 feet overall.
| |
|
b.
|
For one and two and three family homes, tandem parking spaces as defined in § 23-3 shall count toward the above residential parking requirement. They may be located either within a garage, on a paved driveway, or on a combination of both. Refer to § 23-5.2 Tandem Parking definition for tandem parking requirements.
| |
|
c.
|
For new construction or major renovation of a multi-family and/or
mixed-use projects of two or more residential units, open floor plans
are encouraged. Floor plans containing additional rooms large enough
to contain a bed, such as but not limited to, a dining room, study,
library, office or den shall have an additional parking requirement
of one space per additional room added to the base parking requirement
included in the table above. For example: If a dining room is listed
on the floor plan of a unit two parking spaces would be required for
that unit.
[Amended 3-28-2023 by Ord. No. 07-23] | |
|
Residential Parking Requirements for the SLR District
|
|---|
|
Minimum 1 per dwelling unit
|
|
Table Notes:
| |
|
a.
|
Tandem parking spaces within a driveway and garage count toward
the above residential parking requirement.
|
|
New Mixed Use Building Parking Requirements Within the B-A and
B-G District
| |
|---|---|
|
Minimum for Residential dwelling units - with a bedroom mix
equal to or less than 25% of 2-bedroom units, 3-bedroom units or greater
|
1 space per unit
|
|
Minimum for Residential dwelling units - with a bedroom mix
greater than 25% 2-bedroom units, 3-bedroom units or greater
|
1 space per bedroom for each unit exceeding the 25% limit
|
|
Minimum for Ground Floor permitted retail/commercial uses
|
1 space per 500 square feet
|
|
Table Notes:
| |
|
a.
|
Tandem spaces within a garage shall be permitted but they shall
NOT count towards total minimum parking requirement.
|
|
b.
|
The above ground floor mixed-use parking requirements apply
for all ground floor permitted uses within a residential mixed-use
project.
|
|
c.
|
For new construction or major renovation of a multi-family and/or
mixed-use projects of three or more residential units, open floor
plans are encouraged. Floor plans containing additional rooms large
enough to contain a bed, such as but not limited to, a dining room,
study, library, office or den shall have an additional parking requirement
of one space per additional room added to the base parking requirement
included in the table above. For example: If a dining room is listed
on the floor plan of a unit two parking spaces would be required for
that unit.
|
|
d.
|
The determination of major renovation will be made by the construction
official based on applicable building code guidelines.
|
|
Non-Residential Parking Requirements by Use for All Districts
| |
|---|---|
|
Type of Use
|
Minimum Parking Spaces
|
|
Auto/vehicle sales
|
1 space per 500 square feet of sales area
|
|
Auto/vehicle repair facility
|
1 spaces per garage/work bay
|
|
Auto/vehicle service station/gas station
|
1 space per pump island, plus retail sales parking for any ancillary
convenience store
|
|
Auto/vehicle car wash
|
1 space per 2 employees on maximum shift
|
|
Bar/tavern
|
None
|
|
Brewpub/brewery/distillery
|
None
|
|
Day care facility
|
1 space per employee on maximum shift
|
|
Immediate/urgent care facility
|
1 space per 250 square feet
|
|
Restaurants (all types)
|
None
|
|
Hospital
|
1 space per bed, plus 0.5 spaces per employee on the maximum
shift
|
|
Hotel/motel/B&B/guest house
|
1 space per guest room,
|
|
Instructional classes (dance, martial arts, yoga, or other similar
uses)
|
1 space per 500 square feet
|
|
Manufacturing, light industrial facilities, research laboratories,
lumber yards, and other similar uses
|
1 space per 2,000 square feet
|
|
Office, general & professional
|
1 space per 1,000 square feet
|
|
Office, medical
|
1 space per 500 square feet
|
|
Places of Assembly (house of worship, theater, banquet hall,
funeral parlor, clubhouse, or other similar use)
|
1 space per 4 seats or the equivalent of 1 space per 4 attendees
|
|
Recreation uses, indoor (bowling alley, shooting range, or similar
uses)
|
1 space per 1,000 square feet or 1.5 spaces per lane, whichever
is greater
|
|
Recreation, outdoor (athletic fields)
|
20 spaces per playing field
|
|
Retail sales & services
|
1 space per 800 square feet of floor area devoted to customer
sales after first 500 square feet
|
|
Schools
|
1 space per classroom, plus compliance with public assembly,
and office uses as appropriate
|
|
Warehouse/storage facility
|
1 space per 3,000 square feet
|
|
Table Notes:
| |
|
a.
|
Unless otherwise noted, all parking requirements per square
foot are for Gross Floor Area.
|
|
b.
|
Where a use is not specified in the table above, the parking
requirement for the use which best approximates the proposed use,
as determined by the Zoning Official, shall be used to determine an
appropriate requirement for off-street parking.
|
|
c.
|
The above individual use parking requirements apply for all
new construction of permitted uses when they are not part of a residential
mixed-use project.
|
|
d.
|
The above individual use parking requirements shall not apply
when these uses are proposed for existing building within the B-A
and B-G zones.
|
|
Other Vehicular Access Requirements
| |
|---|---|
|
Jitney Service to PATH
|
Projects containing greater than 25 dwelling units or > 25,000
square feet for non-residential floor area may be required to provide
to provide a pro-rate share of Jitney services as per a redevelopers
agreement, if applicable.
|
|
Car Share Service
|
Every car share space provided within the project off-site parking
area shall count as 3 parking spaces
|
|
Electric Charging Station
|
See § 23-6.5 Electric Vehicle Supply/Service Equipment (EVSE) for required standards
|
[Ord. No. 3401; amended 7-9-2019 by Ord. No. 3537]
Where an existing Single Family or Two Family Dwelling has a
driveway and a garage floor elevation that is lower than the elevation
of the edge of pavement at said driveway, and the owner of said dwelling
desires to fill in said driveway to eliminate flooding problems, the
"Minimum Parking Spaces" requirement shall be one off-street parking
spaces for each dwelling unit, to be provide upon the same premises
upon which the use of the building is located.
New construction of driveways such as exempted above, where
the garage floor elevation is lower than the elevation of the edge
of street pavement, is prohibited.
[Ord. No. 3134]
Where a permitted use is proposed for the ground floor of a
pre-existing mixed-use building in the B-G zoning district, or the
B-A zoning district, no off-street parking shall be required for the
replacement use. This exemption does not apply to additions or new
construction.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598]
a.
Mechanical Stackers are Discouraged. The spaces they provide shall
not be permitted to count toward the minimum number of required parking
spaces.
b.
They may be permit only with site plan approval.
c.
If they are proposed to be located outside, they shall comply with
all principal building setback requirements and be fully screened
from public view, both from public R-O-Ways and adjacent properties.
d.
If they are proposed to be within a building, the Board shall be
satisfied that the exterior facade of the area containing the units
is not visually distorted from the norm and the exterior facade shall
remain consistent with other portions of the building facade.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 7-9-2019 by Ord. No. 3537]
All non-residential uses in the B-A and B-G Districts which
cannot accommodate their required amount of off-street parking spaces
on site may meet their requirement by:
a.
Providing the required spaces off-site, but within 1,000 feet of
the proposed use;
b.
Participating in a commonly held and maintained off-street parking
lot where other business maintain their required spaces;
c.
Participating in the parking fund established within § 23-6.25 if it is extended by the Township Council to the project area.
d.
Any combination of the above.
e.
Expiration of Any Parking Arrangement. The Zoning Official shall
be notified of the termination of any agreement securing required
parking. The Planning Board shall schedule a public hearing to consider
revocation of the use authorization where no alternative location
for required parking is provided.
[Ord. No. 3134]
Off-street overnight parking areas for more than five vehicles shall be paved, fenced and lighted according to the Township Site Plan Ordinance, Chapter 20.
[Ord. No. 3134]
All off-street parking spaces for more than five vehicles within
any parking area shall be clearly marked to show the parking arrangement
within said parking area.
[Ord. No. 3134]
All lighting for off-street parking areas shall be so arranged
and shielded as to reflect the light downward and prevent any light
from shining directly on adjoining streets and residential zones and
buildings.
[Ord. No. 3134]
Minimum parking spaces required by this section may not be provided
in zones on premises other than those upon which the use is located.
Parking for a principal or accessory use outside the zone in which
it is permitted shall require a use variance.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 7-9-2019 by Ord. No. 3537]
Notwithstanding any other requirements of this section, no front
yard of a lot upon which is located a one, two, or three family dwelling
shall be used for the parking of motor vehicles, except that motor
vehicles may be parked upon a driveway in the front yard, except that
motor vehicles may be parked in the front yard upon a driveway located
next to a principal structure that extends from the R-O-W to the rear
of the structure or an accessory detached garage.
In the case of corner lots, no side yard facing a street on
a lot upon which is located a one, two or three family dwelling shall
be used for parking of motor vehicles, except that motor vehicles
may be parked upon a driveway in the side yard.
The use of a driveway for the parking of motor vehicles shall
be subject to the following regulations:
a.
Front yard.
The driveway shall consist of the area directly opposite and
adjacent to an attached garage, detached garage or the extension of
the side yard into the front yard.
However, if there is no garage and no available side yard, a
driveway, up to 0.5 feet from the side lot line may be constructed.
In no event shall the driveway width exceed 16 feet for a two car
driveway, and 10 feet for a single car driveway.
b.
Corner lots.
The driveway shall consist of the area directly opposite and
adjacent to an attached garage, detached garage or depressed garage
or the extension of the rear yard into the rear yard which on a corner
lot abuts a street.
However, if there is no garage and no available rear yard, a
driveway up to 0.5 feet from the side lot line, may be constructed.
In no event shall the driveway width exceed 16 feet for a two car
driveway, and 10 feet for a single car driveway.
c.
Each property shall not have more than one driveway and one curb
cut.
Curb cuts are subject to the following standards:
1.
A curb cut for a one car garage shall not exceed 12 feet in length.
2.
A curb cut for a two car garage shall not exceed 16 feet in length.
3.
A curb cut for a side yard driveway shall not exceed 12 feet in length.
4.
In instances where an attached garage driveway is adjacent to a side
yard driveway, a curb cut increase may be permitted, but in no case
shall a curb cut exceed 20 feet in length.
d.
Base elevation of the garage shall not be lower than the elevation
of the adjacent sidewalk.
[Ord. No. 3134]
Parking and loading areas accessory to professional office or
home occupations uses and located in any yard abutting a street shall
not be permitted within 10 feet of the right-of-way of a street.
The minimum setback of off-street parking and loading area from
any other lot line shall be five feet. The five foot parking and loading
area setback need not be provided between properties which have common
access and/or common parking areas.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 4-12-2022 by Ord. No. 3644]
No access driveway to a parking or loading area in a BB-1 or
BB-2 District shall be located within a Residential District.
[Ord. No. 3134]
No off-street parking shall be permitted in any District where
the use which it serves is prohibited.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
Off-street parking or loading spaces shall not be located in any required front yard, except for driveways as provided for in § 23-6.7.
[Ord. No. 3134]
Nothing herein shall prohibit the storing or garaging of commercial
vehicles having a capacity of 1/2 ton or less in an enclosed garage
in any R District.
Parking a commercial vehicle having a capacity of 1/2 ton or
less in a driveway is permitted, providing that no part of said vehicle
extends into the front yard or the side yard abutting a street.
[Ord. No. 3134]
The following types of vehicles are prohibited to be parked
or stored in any R District: commercial vehicle or trailer of capacity
greater than 1/2 ton, all construction equipment and construction
related type equipment.
[Ord. No. 3134; Ord. No. 3425]
The following conditions apply to the parking and storage of
boats and certain types of trailers:
a.
Open parking or storage of any camper or recreational trailer, non-commercial
utility trailer of less than 1/2 ton capacity, or boat on any street,
highway or public place within the Township is prohibited.
b.
In a R-A, R-B District Interior Lot; a camper or recreational trailer,
utility trailer of less than 1/2 ton capacity, or boat may be parked
or stored by the owner thereof in a garage or behind his/her dwelling
in that 1/2 of the rear yard closest to such dwelling, and then only
in such fashion that no part of the said item(s) shall project beyond
the front wall of the dwelling nor above the highest point of the
lowest roof thereof.
c.
In a R-A, R-B District Corner Lot; a camper or recreational trailer,
utility trailer of less than 1/2 ton capacity, or boat may be parked
or stored by the owner thereof in a garage; or in his/her driveway
at the point farthest from the street or behind his/her dwelling in
that 1/2 of the rear yard closest to such dwelling, or if the side
yard is larger than the rear yard, the said item(s) shall be parked
or stored adjacent to his/her dwelling in that 1/2 of the side yard
closest to such dwelling, and only in such fashion that no part of
said item(s) shall project beyond the front walls of the dwelling
nor above the highest point of the lowest roof thereof.
d.
No camper or recreational trailer, or boat as permitted in this section
shall be occupied or used for living, sleeping or housekeeping purposes
while parked or stored as defined in this paragraph.
e.
All boats, parked and stored as per this section, shall be enclosed
with a cover, manufactured with a durable material such as canvas,
nylon or reinforced plastic.
f.
A trailer or boat of more than one ton is prohibited from parking
in a residential zone.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
a.
Driveways shall be minimum 12 feet width and all driveways shall
be constructed of four inches of compacted sub-base material and two
inches of 3/8-inch roadway stone or comparable material.
b.
Driveways shall not exceed 10% at any point along entire length of
the driveway. In addition, the driveway grade shall not exceed 8%
for a distance of eight feet from the curb line and transition curve
shall be provided between said 8% grade and any increase in grade.
c.
The side slopes of driveways shall be top-soiled, seeded, fertilized
and mulches or otherwise stabilized to prevent erosion. If banks exceed
a 2:1 slope, and the slope face is not stable, rock retaining walls
shall be constructed in a manner approved by the Construction Official/Zoning
Official or Township Engineer.
d.
No driveway shall be located within five feet of a side lot line
unless it is a common driveway for attached duplex or multi-family
dwelling. No driveway pavement area shall be wider than 1/2 the width
of a lot.
e.
Exception if Existing Driveway is Being Resurfaced. Approved on plan
by the Construction Official/Zoning Official or Township Engineer.
[Ord. No. 3134]
Where the nature of the use is of a kind where attendant parking
is appropriate and the owner or operator has established that such
use is likely to continue and exist substantially unchanged as it
affects attendant parking for a period of time, not a single event
or activity, and the owner or operator of the premises has made and
will continue to make provision for attendant parking during hours
when 50% or more of the parking spaces are in use, then attendant
parking shall be permitted; provided:
a.
There shall be submitted to the reviewing board a plan showing the
layout of the required parking spaces, or fraction thereof of shared
with another location; and,
b.
A plan for maneuvering of vehicles by the attendant(s) without utilizing
public streets or sidewalks; and,
c.
The use of the proposed parking area will not be hazardous to pedestrians
utilizing adjoining walkways.
[Ord. No. 3134; 7-9-2019 by Ord. No. 3537]
[Ord. No. 3134]
Parking lot design shall be governed by the Township Site Plan
Ordinance, Chapter XX.
[Ord. No. 3134; Ord. No. 3216]
No building or premises shall be built or erected, nor shall
any building be altered so as to expand its gross area, nor shall
there be a change of use of any building or premises unless there
is provided off-street loading space upon the same premises upon which
the use or building is located in accordance with the requirements
of the Schedule of Minimum Loading Space Requirements:
|
Schedule of Minimum Loading Space Requirements
(Requirements based on gross floor area)
| |
|---|---|
|
Type of Use
|
Minimum Loading Space
|
|
Retail/Service Uses
|
1 space for each 10,000 square feet or fraction thereof, but
in no case less than 1 per building of at least 2,000 square feet
|
|
Other Business And Commercial Uses, Places Of Public Assembly
And Schools
|
1 per building of at least 2,000 square feet
|
|
Manufacturing, Research, Laboratories
|
1 space for each 5,000 square feet or fraction thereof
|
|
Motorcycle Dealer
|
1 space per building except that the temporary use of a parking
lot aisle may be accepted as a compliant loading space if the loading
is demonstrated to occur on off-peak business hours.
|
|
Warehouse (Ancillary)
|
1 space for each 10,000 square feet or fraction thereof in excess
of the first 10,000 square feet.
|
[Ord. No. 3134]
Loading space design shall be governed by the Township Site Plan Ordinance, Chapter 20.
[Ord. No. 3134]
Each parking space shall measure a minimum of nine feet in width
by 19 feet in length. When the number of required parking spaces results
in a fraction, there will be one parking space required. In Planned
Residential Developments, each parking space shall measure a minimum
of nine feet in width by 18 feet in length.
[Ord. No. 3134]
Each loading space shall measure a minimum of 12 feet in width
by 45 feet in length and shall have a minimum height clearance of
15 feet, unless the reviewing board shall determine that by reason
of the size trucks that may be anticipated to utilize the space, a
different loading location, area and height clearance is acceptable.
[Ord. No. 3134]
[Ord. No. 3134; amended 27-9-2019 by Ord. No. 3537; 4-12-2022 by Ord. No. 3644]
Driveway access to off-street parking areas shall be limited to one two-way or two one-way well defined driveway locations. Each of said curb cuts shall not exceed the graduated driveway width requirements referenced in § 23-6.1 for a one, two, or three family home. In a business or industrial district curb cuts shall not exceed 30 feet for any permitted use. In no case shall there be permitted unrestricted access along the length of the street or streets upon which the parking area abuts. Driveways in Planned Residential Developments, B-G, and B-A Zones shall have a maximum width of 20 feet as provided in RSIS.
All driveways shall not utilize curb returns in their design.
They shall instead continue the sidewalk across the driveway at the
sidewalk elevation and utilize a driveway apron with a drop curb to
maximize pedestrian safety.
For more detailed driveway width standards follow guidelines set forth in § 23-6.7.
[Ord. No. 3134; added 7-9-2019 by Ord. No. 3537]
a.
The Township of Belleville shall establish a fund dedicated to the
acquisition, development, expansion or capital repair of public and
municipal parking facilities, traffic or transportation related capital
projects, the providing or operation of transit facilities designed
to reduce the reliance on private automobiles, programs to facilitate
carpooling or ridesharing and creating a consistent street scape for
all user groups utilizing all modes of transportation by introducing
context-sensitive design elements at intersections and corridors such
as parking meters, wayfinding signs, kiosks, trails, sidewalks, crosswalks,
streets and similar improvements that connect users to public and
municipal parking facilities through the Township. The proceeds of
such funds shall not be considered part of the municipal general fund.
b.
The recent establishment and opening of the Silver Lake Light Rail
Station has provided new mass transit opportunities for the Township
residents and work force. The Township is implementing smart growth
techniques and increasing development densities around the train station.
The station also has the potential to lower the demand for private
vehicular parking around the station. The Township seeks to test this
area to permit a lower amount of required parking spaces associated
with development within the Silver Lake Districts which is approximately
within 1/4 mile of the Light Rail Station.
c.
Within a the Silver Lake Station district, with the exception of
the Silver Lake Hospital District, a developer may satisfy the off-street
parking requirements found elsewhere in this chapter by means of payment
in lieu of construction of the parking spaces. Such as payment in
lieu of construction shall be made to the Township's dedicated parking
fund. The payment in Lieu of parking shall be $15,000 per space. All
parking associated with units that are deeded affordable per HUD for
Essex County income standards for a minimum of 10 years shall pay
50% ($7,500) of the fee per space. The funds collected shall be used
only for improvements within the Silver Lake District.
d.
In the future, the Township of Belleville shall also undertake a
parking study to determine where demand is high and additional parking,
transit and pedestrian services are needed for the areas within the
B-G Zone located along the Washington Avenue commercial corridor for
inclusion in the parking fund service area. If extended to the Washington
Avenue Commercial Corridor, the funds collected from the Washington
Avenue corridor shall only be used for improvements within the designated
corridor area.
[Added 4-12-2022 by Ord.
No. 3644]
a.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and storm water
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for non-residential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY-ACCESSIBLE EVSE
Definitions.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen (15) to twenty (20) amp breaker
on a one hundred twenty (120) volt AC circuit.
Level 2 operates on a forty (40) to one hundred (100) amp breaker
on a two hundred eight (208) or two hundred forty (240) volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty (60)
amp or higher breaker on a four hundred eighty (480) volt or higher
three phase circuit with special grounding equipment. DCFC stations
can also be referred to as rapid charging stations that are typically
characterized by industrial grade electrical outlets that allow for
faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
Means the pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct-current fast chargers. Make Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
c.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2.
EVSE and Make-Ready Parking Spaces installed pursuant to Section
D. below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
paragraph 1 above.
3.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
As per § 23-21 Enforcement, § 23-22 Violations and Penalties, and § 23-26.3, the Zoning Official or their designee, shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of Belleville's land development regulations.
5.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, commercial establishment
or other existing building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any State rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to paragraph 5 above shall be deemed complete
if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete,
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application, or
(c)
A one-time written correction notice is not issued by the zoning
officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, commercial establishment
or any other existing building shall be subject to applicable local
and/or Department of Community Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(f)
All residential uses meeting the above criteria, shall install
EVSE of level 1 or greater.
|
Minimum Number of Required Make-Ready Parking Spaces
For Uses Listed in paragraph d1 above
Quick Reference Table
| |
|---|---|
|
Minimum Number of Make-Ready Spaces
|
Minimum EVSE Installations
|
|
15% of the required off-street parking spaces
|
Install EVSE in at least 1/3 of the 15% Make-Ready Spaces
|
|
Within 3 years of the original C of O
|
Install EVSE in an additional 1/3 of the 15% Make-Ready Spaces
|
|
Within 6 years of the original C of O
|
Install EVSE in the final 1/3 of the 15% Make-Ready Spaces
|
|
Throughout the installation of EVSE in the Make-Ready parking
spaces
|
At least 5% of the installed EVSE equipment shall be ADA accessible
|
|
Note: Round up fractional portions to the nearest whole number
| |
2.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph 1 above
shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of paragraph e above, a retailer
that provides 25 or fewer off-street parking spaces or the developer
or owner of a single-family home shall not be required to provide
or install any electric vehicle supply equipment or Make-Ready parking
spaces.
(i)
All uses meeting the above criteria, including but not limited
to non-residential, retail commercial, industrial, municipal, civic,
etc. shall install EVSE of at least Level 2 or greater.
|
Minimum Number of Required Make-Ready Parking Spaces
For Uses not covered in paragraph d1 above
Quick Reference Table
| |
|---|---|
|
Total Number of Parking Spaces Provided
|
Minimum No. of Make-Ready Parking Spaces
|
|
<25 spaces
|
0 spaces
|
|
26-50 spaces
|
1 space
|
|
51-75 spaces
|
2 space
|
|
76-100 spaces
|
3 space
|
|
101-150 spaces
|
4 spaces with at least 1 ADA accessible space
|
|
> 150 spaces
|
4% of total parking spaces with at least 5% of those to be ADA
accessible
|
|
Note: Round up fractional portions to the nearest whole number
| |
3.
Performance Guarantees Required for Phased Implementation.
(a)
Nothing in this subsection shall be construed to restrict the
ability to install EVES or Make-Ready parking spaces at a faster or
more expansive rate than as required in paragraphs d1 and d2 above.
(b)
Implementation of all required EVSE spaces is encouraged to
be completed commensurate with the improvements associated with the
issuance of Certificate of Occupancy. Projects that choose to follow
the phasing plan will be required to install the minimum EVES and
Make-ready spaces and post bounds for the aboveground Electric Vehicle
Supply Equipment or Electric Vehicle Service Equipment required for
the project, including, but not limited to, Level Two EVSE and direct-current
fast chargers, and installation costs.
e.
Minimum Parking Requirements.
1.
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces. Minimum required spaces, including EVSE and Make-ready spaces can be found in § 23-6 of the Belleville Land Use and Development regulations.
2.
A parking space prepared with EVSE or Make-Ready equipment shall
count as two parking spaces for the purpose of complying with a minimum
parking space requirement. This shall result in a reduction of no
more than 10% of the total required parking.
3.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and Make-Ready parking spaces above
what is required in paragraph d above may be encouraged, but shall
not be required in development projects.
f.
Standards for All New EVSE and Make-Ready Parking Spaces.
1.
Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered and flexibility should be allowed when alternatives can
better achieve objectives for provision of this service.
2.
Installation:
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical sub-code of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than 10 feet wide and
20 feet in length. Exceptions may be made for existing parking spaces
or parking spaces that were part of an application that received prior
site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE Parking:
(a)
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. The use of time limits is optional and shall be determined by
the owner. Applicable time limits shall be available on the EVSE or
posted at or adjacent to the EVSE parking space.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of the Municipal Code § 8-2A.13 Enforcement, and § 8-2A.14 Penalty. Signage indicating the penalties for violations shall comply with paragraph 5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety Design Standards.
(a)
Each publicly-accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green painted stripping and/or curb markings, a green painted charging
pictograph symbol, and appropriate signage pursuant to paragraph 5
below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Township of Belleville's
ordinances and regulations.
(c)
Adequate EVSE protection such as decorative concrete-filled
steel bollards shall be used for publicly-accessible EVSE. Non-mountable
curbing may be used in lieu of bollards if the EVSE is setback a minimum
of 24 inches from the face of the curb. Any stand-alone EVSE bollards
should be three feet to four feet high with concrete footings placed
to protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in paragraph (e) below. Equipment mounted on pedestals, lighting posts,
bollards, or other devices shall be designated and located as to not
impede pedestrian travel, create trip hazards on sidewalks, or impede
snow removal. Any outlets and connector devices located in a flood
hazard area shall be installed 1.0 foot above the 100-year flood event
elevation.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly-accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Belleville shall require the owners/designee of publicly-accessible
EVSE to provide the Office of the Township Clerk information on the
EVSE's geographic location, GPS coordinates, date of installation,
equipment type and model, and owner contact information.
5.
Signs.
(a)
Publicly-accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices (MUTCD) as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitting
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with b. above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly-accessible
EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
(e)
No signage required above shall be larger than 24 inches by
30 inches.
6.
Usage Fees.
(a)
For publicly-accessible municipal EVSE: The municipal parking
fees shall apply to all EVSE and make-ready spaces.
(b)
In addition to any parking fees, the fee to use parking spaces
within the municipality identified as EVSE spaces shall be collected
for each hour that the electric vehicle is connected to the EVSE,
or per kWh. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
(c)
Private EVSE. Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable State and Federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Ord. No. 3134]
In any District, any use which is not classified as permitted shall be considered a prohibited use. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those uses. The Reviewing Board, in its deliberations, shall give due consideration to § 23-1.2 of this chapter "General Intent and Purpose."
[Ord. No. 3134]
a.
The general regulations of this paragraph shall apply to all districts
unless otherwise stated.
b.
No building shall hereafter be erected and no existing building shall
be moved, altered, added to or enlarged nor shall any land or building
be used, designed or arranged to be used for any purpose other than
as included among the uses listed in this chapter as permitted in
the District in which such building or land is located nor in any
manner contrary to any of the requirements specified in this chapter.
c.
No building shall hereafter be erected, reconstructed or structurally
altered to exceed in height the limit designated for the District
in which such building is located.
d.
No building shall hereafter be erected nor shall any existing building
be structurally altered, rebuilt or moved nor shall any open space
contiguous to any building be encroached upon or reduced in any manner,
except in conformity to the yard, lot width and area, building location,
percentage of lot coverage by building area and by impervious surface,
off-street parking space, off-street loading space and other space
and area regulations designed in this chapter for the District in
which such building or space is located, subject to such modification
thereof and such provision as are set forth in this chapter.
e.
Off-street parking space and off-street loading space shall be provided
as specified in this chapter and shall be provided with necessary
passageways and driveways appurtenant thereto and giving access thereto.
All such parking space and loading space, together with such passageways
and driveways, shall be deemed to be required space on the lot on
which the same is situated and shall not thereafter be encouraged
upon or reduced in any manner except as otherwise provided in this
chapter.
f.
No yard or other open space provided contiguous to any building for
the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building,
and no yard or open space on one lot shall be considered as providing
a yard or open space for a building on any other lot.
g.
Nothing in this chapter shall be deemed to require any change in
the plans, construction or designated use of any building, the actual
construction of which was lawfully begun prior to the time this chapter
or any amendment thereof affecting the same takes effect and on which
building actual construction is completed within one year after such
change.
h.
Except as otherwise provided in this chapter, required setbacks along
street frontages in residential districts shall be maintained as open
space and shall not be used for service of any kind such as vehicle
parking, clothes drying, or storage.
i.
Any use establishment in any district shall meet the requirements
of the Performance Standards of this chapter.
j.
Only one permitted principal use per lot shall be provided, except
as specifically authorized in each zone.
[Ord. No. 3134]
The following uses may be established in any zone district:
[Ord. No. 3134]
b.
Permitted Accessory Use.
1.
Canopy awning.
2.
Cabana.
3.
Flags, banners, pennants.
4.
Fences (chain link/open/stockade).
5.
A one story attached or detached private automobile garage.
6.
Private greenhouse.
7.
Shed.
8.
Sign (freestanding/nameplate/temporary).
9.
Swimming pool (permanent/portable/wading).
10.
Retaining wall.
11.
Home occupations.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
b.
Permitted Accessory Use.
1.
Canopy awning.
2.
Cabana.
3.
Flags, banners, pennants.
4.
Fences (chain link/open/stockade).
5.
A one story attached or detached private automobile garage.
6.
Private greenhouse.
7.
Shed.
8.
Sign (freestanding/nameplate/temporary).
9.
Swimming pool (permanent/portable/wading).
10.
Retaining wall.
11.
Home occupations.
[Ord. No. 3134]
a.
Permitted Principal Use.
b.
Permitted Accessory Use.
1.
Canopy awning.
2.
Cabana.
3.
Flags, banners, pennants.
4.
Fences (chain link/open/stockade).
5.
A one story attached or detached private automobile garage.
6.
Private greenhouse.
7.
Shed.
8.
Sign (freestanding/nameplate/temporary).
9.
Swimming pool (permanent/portable/wading).
10.
Retaining wall.
11.
Home occupations.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No.
3644]
a.
Permitted Principal Use.
1.
Single family dwellings not to exceed one such dwelling on each lot.
2.
Two-family dwellings not to exceed one two-family dwelling on each
lot.
3.
Duplex
4.
Triplex.
5.
Age-restricted housing.
6.
Assisted living facilities.
7.
Nursing homes.
8.
Schools (parochial/private/public).
9.
Day care facilities (adult/child).
10.
Indoor and outdoor recreational facilities.
11.
Houses of worship.
b.
Permitted Accessory Use.
1.
Any use, building or structure which is customarily associated with
and is subordinate and incidental to the principal building, structure
or use and which is located on the same lot as the principal use,
building or structure it supports except as otherwise specified herein.
3.
Fencing for triplex or other uses permitted in the R-C District is as per § 23-18.6.1 Fences; and to be provided along street frontages, a decorative metal fence with brick or tone posts with a height minimum of three feet and maximum of five feet and the inclusion of hedge sized evergreen landscaping of three to five feet.
c.
Prohibited Use.
1.
Any new development that is gated from the surrounding neighborhood
of Belleville Township.
e.
Required Development Layout. Many of the development parcels within
this zone are large enough to build out the existing street grid of
the Township. Where this capacity exists, the creation of new blocks
that will mimic and connect into the prevailing pattern of the surrounding
neighborhood are required. All new street and access roads shall seamlessly
connect into other public R-O-Ws of Belleville. The new streets shall
be at least 50 feet in width shall be constructed to accommodate easy
vehicular and pedestrian access throughout the new R-C neighborhoods.
They shall provide for thru traffic in both vehicular and pedestrian
circulation and not dead-ends or cul-de-sac within the circulation
design. These new streets shall comply with the Street Design Guidelines
and requirements of the Township. They may remain privately owned,
but shall be publicly accessible at all times.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord.
No. 3598; 4-12-2022 by Ord. No. 3644; 3-28-2023 by Ord. No. 07-23]
a.
Purpose. To use historically commercial nodes within the Township
to provide neighborhood commercial retail and services to the surrounding
residential neighborhoods in a way that permits and preserves the
traditional corner store character of the community and continues
and maintains the pattern of ground floor retail with residences above.
b.
Permitted Principal Use.
1.
All retail sales and service uses EXCEPT those USES prohibited in
paragraph d below.
2.
Restaurants.
3.
Bars, Taverns, Brewpub/Brewery/Distillery.
4.
Business, professional and corporate offices.
[Amended 4-12-2022 by Ord. No. 3644]
5.
Indoor commercial recreation facilities.
6.
Day care facilities (adult/child).
7.
Arts studio.
8.
Physical fitness gym/studio.
9.
Educational class or school use.
10.
Houses of worship, in freestanding buildings as per § 23-8.6 Houses of Worship.
[Amended 4-12-2022 by Ord. No. 3644]
11.
Public and private recreational uses.
12.
Combination of all uses listed above.
13.
Municipal off-street parking facilities (with ground floor retail).
14.
Mixed use residential and commercial building in accordance with
the following:
[Amended 4-12-2022 by Ord. No. 3644]
(a)
Ground Floor retail uses and/or restaurant uses, except that
mixed use residential and commercial buildings with 10 dwelling units
or less may include business, professional, or corporate offices on
the ground floor. The mixed-use building shall have commercial frontage
along its entire street level frontage with the only interruption
for lobby area or residential access.
(b)
Residential and/or office uses shall be permitted and encouraged
above the ground floor.
15.
Dance studios.
16.
Theaters.
17.
Cigar shops.
18.
Cigar lounges.
19.
Massage, body work and somatic therapy establishments.
20.
Chair massage establishments.
c.
Permitted Accessory Use.
1.
All uses customarily associated with the principal uses including
accessory physical components as listed below.
2.
Canopy awnings with supports connected to the building wall.
3.
Maximum five foot high fence - provided it is not chain link and
does not contain barbed or razor wire. Refer to paragraph i. Additional
Parking Regulations, for more specific requirements.
4.
Signs.
5.
Retaining walls.
6.
Multi-level garages provided they contain active ground floor retail
or restaurant establishment along the street.
7.
Surface parking ONLY if behind the principal building or in the side
yard and screened with decorative fencing and a minimum of five feet
of evergreen landscaping, as specified in paragraph h. Additional
Parking Regulations, of this section.
d.
Prohibited Use.
1.
Self-storage.
2.
Warehousing or any form of commercial use storage.
3.
Heavy industrial uses.
4.
Motels.
5.
Auto and body repair.
6.
Auto sales, auctions and dealerships.
7.
Truck, motorcycle or recreational vehicle sales, auctions and dealerships.
8.
Used car storage lots.
9.
Gas stations.
10.
Restaurants with drive-in facilities.
11.
Drive-up banks.
12.
Drive-up pharmacies.
13.
Clinics of any type.
14.
Lumber yards, junk yards and other open air storage or sales facilities.
15.
Strip clubs/sex shops/anything directly related.
16.
Surface parking lots as a principal use.
17.
Smoke shops.
18.
Vape shops.
19.
Check cashing.
20.
Bail bonds.
21.
Pawn shops.
22.
Massage parlors.
23.
Thrift shops.
24.
Dollar stores.
25.
Consignment stores.
26.
Cannabis related businesses.
27.
Fortune telling businesses.
28.
Tattoo parlors.
29.
Dancing facilities.
e.
Building Bulk and Setback Requirements. See the Schedule of District Regulations Table which may be found at § 23-3.
f.
Additional Requirements for Mixed Use Commercial Residential Buildings.
1.
Ground Floor (street level) Requirements.
(a)
Minimum Ground Floor Retail - at least 25% to 30% of the ground
floor area shall be utilized for permitted principal uses other than
parking that is open to the public.
(b)
Floor to ceiling height shall be at least 14 feet.
(c)
The facade on the street frontage(s) and the frontage of any
adjoining perpendicular street shall contain at least 65% glazing.
Glazing shall be of clear non-tinted glass.
(d)
A maximum of 10% of the glazing may be spandrel glass or tinted
to screen as needed.
(e)
Retail entrances shall be at street level.
(f)
A mixed use building shall have retail sales and service establishments
along its entire street level frontage with the only interruption
for lobby area or residential access. Restaurants without drive through
facilities are permitted.
(g)
Minimum residential use floor to ceiling height: nine feet.
(h)
Bedroom Mix/Distribution - For developments consisting of eight
or more dwelling units, a maximum of 25% shall be two or more bedroom
units.
(i)
Unit Size - Minimum unit size 550 square feet.
h.
Facade Treatment, Materials, and Articulation. Shall be provided as per § 23-7.8f; B-G Facade Treatment, Materials and Articulation.
i.
Additional Parking Regulations.
1.
No off-street parking shall be permitted in a front yard within this
district. Any off Street parking adjacent to or visible from a public
street shall be screened from public view by a decorative metal fence
with brick posts and the inclusion of hedge sized evergreen landscaping,
which has a minimum height of three feet.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 11-5-2018 by Ord. No. 3511; 10-13-2020 by Ord.
No. 3598; 8-17-2021 by Ord. No. 3627; 4-12-2022 by Ord. No. 3644; 3-28-2023 by Ord. No. 07-23]
a.
Permitted Principal Use.
1.
Business, professional and corporate offices.
2.
All retail sales and service uses EXCEPT those USES prohibited in
paragraph c below.
3.
Restaurants.
4.
Bars, taverns, brewpub/brewery/distillery.
5.
Indoor commercial recreation facilities.
6.
Dancing facilities.
7.
Day care facilities (adult/child).
8.
Arts studio or gallery.
9.
Physical fitness gym/studio.
10.
Educational class or school use.
11.
Houses of worship, in freestanding buildings as per § 23-8.6 Houses of Worship.
[Amended 4-12-2022 by Ord. No. 3644]
12.
Public and private recreational uses.
13.
Automobile/vehicle sales within an enclosed building only.
14.
Municipal off-street parking facilities, surface parking or garage
with ground floor retail.
15.
Combination of all uses listed above.
16.
Mixed use residential and commercial building in accordance with
the following:
[Amended 4-12-2022 by Ord. No. 3644]
(a)
Must contain Ground Floor retail sales and service uses, and/or
restaurant uses, and/or all other uses listed as permitted above,
except for business, professional, or corporate offices, Houses of
Worship, catering and banquet facilities, except as further exempted
in paragraph i. below.
(1)
Mixed use residential and commercial buildings with 10 dwelling
unit or less may include business, professional, or corporate offices
on the ground floor.
(b)
The mixed-use building shall have the permitted ground floor
uses along its entire Washington Avenue, Franklin Street, and Belmont
Avenue street level frontage with the only interruption for lobby
area or residential access.
(c)
Residential and/or office uses shall be permitted and encouraged
above the ground floor.
(d)
Mixed use buildings that do not contain the required permitted
uses shall NOT be interpreted as a permitted use within this district.
17.
Dance studios.
18.
Theaters.
19.
Cigar shop.
20.
Cigar lounge.
21.
Massage, body work and somatic therapy establishments.
22.
Chair massage establishments.
b.
Permitted Accessory Use.
1.
All uses customarily associated with the principal uses including
accessory physical components as listed below.
2.
Canopy Awnings with supports connected to the building wall.
3.
Maximum five foot high fence - provided it is not chain link and
does not contain barbed or razor wire. Refer to paragraph k Additional
Parking Regulations, for more specific requirements.
4.
Signs.
5.
Retaining walls.
6.
Multi-level garages - provided they contain active ground floor retail
or restaurant establishment along the Washington Avenue, Franklin
Street, and Belmont Avenue frontage.
7.
Surface parking ONLY if behind the principal building and not visible
from the street.
d.
Prohibited Use.
1.
Self-storage.
2.
Warehousing or any form of commercial use storage.
3.
Heavy industrial uses.
4.
Motels.
5.
Auto and body repair.
6.
Auto sales, auctions and dealerships, with outdoor vehicular storage.
7.
Truck, motorcycle or recreational vehicle sales, auctions and dealerships
with outdoor vehicular storage, operating outside of a showroom.
8.
Used car storage lots.
9.
Gas stations.
10.
Restaurants with drive-in facilities.
11.
Drive-up banks.
12.
Drive-up pharmacies.
13.
Lumber yards, junk yards and other open air storage or sales facilities.
14.
Surface parking lots fronting on the Main Avenue.
15.
Strip clubs/sex shops/anything directly related.
16.
Smoke shops.
17.
Vape shops.
18.
Check cashing businesses.
19.
Bail bonds.
20.
Pawn shops.
21.
Massage parlors.
22.
Tattoo parlors.
23.
Dancing facilities.
e.
Building Bulk and Setback Requirements. See Schedule of District Regulations Table which may be found at § 23-3.
f.
Additional Requirements for Mixed Use Commercial Residential Buildings.
1.
Ground Floor (street level) Requirements.
(a)
Minimum Ground Floor Retail - at least 25% to 30% of the ground
floor area shall be utilized for permitted principal uses other than
parking that are open to the public.
(b)
Floor to ceiling height shall be at least 14 feet.
(c)
The facade on Washington Avenue, Franklin Street, and Belmont
Avenue frontages and the frontage of any adjoining perpendicular street
shall contain at least 75% glazing. Glazing shall be of clear non-tinted
glass.
(d)
A maximum of 10% of the glazing may be spandrel glass or tinted
to screen as needed.
(e)
Retail entrances shall be at street level.
(f)
A mixed use building shall have retail sales and service establishments
along its entire Washington Avenue, Franklin Street, and Belmont Avenue
street level frontage with the only interruption for lobby area or
residential access. Restaurants without drive through facilities are
permitted.
(g)
Minimum Residential Use Floor to Ceiling Height - nine feet.
(h)
Bedroom Mix/Distribution - For developments consisting of eight
or more dwelling units, a maximum of 25% shall be two or more bedroom
units.
(i)
Unit Size - Minimum unit size 550 square feet.
g.
Bonus for Additional Office Floor With Additional Parking.
1.
This bonus shall be only available to corner sites or sites with
a second street frontage in addition to Washington Avenue, Franklin
Street, or Belmont Avenue.
2.
The maximum height of the building is permitted to increase by two stories if one story will provide offices uses and the second will provide parking that will be shared to support retail and provide commercial shoppers parking for the area. See § 23-3 Schedule of District Regulations for the permitted stories and feet.
3.
Garage ingress or egress shall not be from Washington Avenue, Franklin
Street, and Belmont Avenue.
h.
Building Amenities.
1.
All mixed use buildings shall be required to provide appropriate
on-site recreation facilities for residents to use. Indoor shared
amenity space shall be provided at a ratio of 10 square feet of interior
amenity floor area per unit. Improved shared active outdoor terrace
space shall be provided at a rate of 12 square feet of outdoor terrace
floor area per unit.
2.
Indoor shared amenity space shall contain at a minimum, a club room
with kitchen facilities for when tenants hold group events or host
visitors, and a gym with fitness equipment. Other additional amenities
such as a business center or toddler play area should be considered.
3.
Outdoor terrace shared amenity space shall contain, at a minimum,
barbeque facilities, fire pit and outdoor tables, chairs and lounge
seating.
4.
Projects containing greater than 20 dwelling units shall incorporate
a shared rooftop open space and a shared club room with kitchen facilities
for larger group events serving the tenants. Other amenities such
as gym, dog run, tot lot and business center should also be considered.
i.
Facade Treatment, Materials, and Articulation.
1.
Ground garages adjacent to Washington Avenue, Franklin Street, and
Belmont Avenue or any side street sharing frontage shall be wrapped
by a permitted or accessory first floor use or the residential lobby.
Any upper floor exposed garage or garage exposed on a non-wrapped,
non-street frontage facade shall contain punched openings designed
to maintain the look of the residential windows on the balance of
the building. These openings shall also incorporate decorative screening,
metal or grills to shield internal garage lighting.
2.
All garages shall incorporate a decorative garage door that is consistent
with building design that is electronically opened and immediately
automatically closed unless opened by the traveling vehicle.
3.
Garage ingress or egress shall not be from Washington Avenue, Franklin
Street, and Belmont Avenue if alternative street frontage is available.
4.
In cases where the parking area can only be accessed from Washington
Avenue, a space in the building wall would be allowed to permit two-way
vehicular and pedestrian access. At a maximum curb cut of 20 feet.
5.
All utilities' shall be interior to the building and fitted with
remote readers where possible.
6.
Where HVAC units are proposed for the roof, they shall be screened
within the roof parapet or roof design.
7.
All buildings shall be designed to be attractive from each vantage
point and be consistent in their quality and finish on all elevations.
8.
All buildings shall be designed to have a distinctive base, middle
and top.
9.
Buildings shall be designed using a color palette that complements
the architectural context of the surrounding area.
10.
The visual impact of any parking facilities, or other accessory utility
structures shall be minimized and screened to the greatest extent
feasible.
11.
Blank or featureless walls shall be avoided.
12.
High quality durable decorative materials shall be incorporated in
to the ground floor facade along a public R-O-W.
13.
Retail entrances shall be at street level and open directly onto
the sidewalk
14.
The primary exterior building materials shall be brick, wood, stone,
composite stone, lath applied stucco, metal, glass, or other similarly
durable and attractive materials.
[Amended 10-13-2020 by Ord. No. 3598]
|
Excluding glazing and accent articulations, there shall be a
maximum of four exterior materials cladding the building facade. A
brick or other natural material such as granite or limestone shall
comprise a minimum of 25% of the facade.
|
|
Aluminum siding, vinyl siding, concrete block, perma-stone,
and EIFS or similar cementitious concrete panels shall be prohibited.
|
15.
No building shall have a wall with an uninterrupted length of more
than 30 feet without including a change in the vertical plane of the
facade. This may be achieved through any one or combination of the
following:
(a)
Pilasters, bay windows, building step-backs, and other facade
recesses or projections.
(b)
The step-back or projection shall be a minimum of 18 inches
from the primary building facade.
(c)
The changes in the building facade plane shall occur for the
full height of the building, above the retail floor.
16.
All facade vents for air conditioning or heating units shall be incorporated
into the window design such that vent grills and windows appear as
a single unit. This is best achieved by lining up vent grills with
the vertical or horizontal edge of the adjacent window and matching
the window's length or width or using a spandrel panel to fill any
voids. Vent grills shall be hidden behind decorative iron or metal
work which complements the style of the building.
17.
All retail and restaurant ground floor tenant spaces shall be serviced
by a ventilation shaft thru the roof of the building and not over
the retail window transom.
18.
Where the foundation of a building is exposed, it shall be covered
with decorative material. Foundation plantings may also be incorporated
between the building and the sidewalk or decorative planters may be
utilized to accent the sidewalk and building.
j.
Affordable Housing.
The minimum percentage of affordable units for residential developments
shall be in accordance with the following:
|
Total Number of Units
|
Minimum % of Affordable Units
|
|---|---|
|
10 and under
|
0%
|
|
11 to 50
|
10%
|
|
51 or more
|
15%
|
With the approval of the Planning Board, the applicant
can provide an in-lieu payment of $25,000 for each required affordable
housing unit.
k.
Additional Parking Regulations.
1.
No off-street parking shall be permitted in a front yard within this
district. Any off Street parking adjacent to or visible from a public
street shall be screened from public view by a four feet high decorative
metal fence with brick posts and the inclusion of hedge sized evergreen
landscaping, which has a minimum height of three feet at planting.
2.
Permitted uses proposed for existing buildings within the B-A and B-G districts shall be EXEMPT from the parking standards found within § 23-6.1 Parking Space Required.
3.
Driveways shall be minimal in size and frequency so as not to hinder
the pedestrian shopping experience of the district.
[Ord. No. 3134; Ord. No. 3182; amended 7-9-2019 by Ord. No. 3537]
These design standards shall apply to all development within
the Silver Lake special District and are intended to unify the area
and insure future development is consistent with its unique character
and development pattern.
a.
Architectural, facade and design standards applicable to all zones
in the district.
1.
Front facade design shall be consistent with the design and architecture
of proximate mid-century and historic resources within the Township
of Belleville with an emphasis on compatibility with late nineteenth
century architectural proportions and architectural detail of the
Silver Lake District traditional neighborhood character.
2.
Front facade must be primarily brick of a historically appropriate
color and size to be consistent with other homes on the block. The
remainder of the front facade must be constructed of stone, cast stone,
decorative metal, slate or simulated slate shingles, tile, terra cotta
or other similar and appropriate materials in an appropriate manner.
The use of polyurethane, vinyl, asphalt or Aluminum siding, concrete
block, perma-stone, and EIFS or similar cementations concrete panels
shall be prohibited.
3.
Street fronting building facades shall be broken down in scale by
dividing the facade into smaller sections to resemble the typical
of traditional development patterns with an emphasis on vertical proportions.
4.
Window, door, garage, entrance, lintel, and sill sizes, proportions,
and materials must be consistent with those found on this block and
in compatible Township resources of note within the district. Windows
shall be simulated double or single hung, although casement windows
may be permitted where appropriate to the style of the building as
an accent, and be consistent with the vertical proportion of windows
typical of the resources in the District's vernacular architecture
and set in four inch (one brick width) from the face of the brick
facade.
5.
Where a garages are proposed, a single 12 to 14 foot wide decorative
carriage house style garage door is permitted. The garage door must
be partly glazed at the top and have a vertical proportion.
6.
Period appropriate decorative mounted light fixtures are required
at main entry and garage entry.
 |
7.
An entry stoop is required with stone or metal railings consistent
with other railings in the District. Cast, wrought iron or mild steal
shall be used for railings, fences and gates along the street frontage.
The use of tubular steel for fencing and rails is prohibited.
8.
Bay windows or oriels are encouraged on each street facade and shall
project a maximum of 36 inches beyond the building face. Bays shall
be constructed of brick, stone and or cast stone decorative metal
panels on a masonry base of stone cast stone or brick. Oriels shall
be constructed of decorative metal paneling. Metal facing and roofing
above the first floor shall be permitted on oriels.
9.
Front landscaping and stoops may project into the right-of-way to
align with stoops, porches and/or other front yard landscaping found
on the block and curbed of a minimum of four inches high and four
inches wide.
10.
A building base shall be clearly defined at the first floor level,
using an appropriate design methodology such as an alternating brick
pattern, shape, style, coursing and/or color and/or a variety of materials
such as stone, cast stone and decorative window heads and sills.
11.
Floors 2 and above shall have an appropriate rich texture of brick
using different patterns, shapes, colors mortar joints and coursing
with decorative window heads and sills. The use of stone, cast stone
and tile as design elements is permitted.
12.
The rooflines shall be clearly defined through the use of decorative
cornice lines, detailed brick work, mansard roofs with slate or simulated
slate, gables of brick or stone, and dormers with brick, stone or
metal detailing and cornices of metal, fiberglass or another appropriate
and durable substitute.
13.
All doors and framing elements must be wood, have a glazing component,
and may not be solid. The use of double doors, sidelights, transoms,
pilasters, panels, styles and rails and/or entablatures, etc. in order
to emphasize the importance of residential entryways is required.
14.
All windows opening into a garage must be glazed and include the
same treatments as applied to residential windows, such as lintels,
sills, simulated divided lights, muntins, mullions etc. However the
use of decorative, textured, stained, tinted, or etched glass must
be utilized.
15.
All architectural design of buildings in this area shall be consistent
with historic design idioms, principals and proportions as demonstrated
by residential historic resources in the approximate area within the
Silver Lake District.
16.
All buildings with a commercial first floor must include a cornice
or decorative element above the first floor. Commercial first floors
must be 12 feet floor to ceiling within the first 30 feet from the
street facade, and include at least 75% glazing which must begin at
no more than 18 inches above the sidewalk level.
17.
All security gates must be inside any glass windows.
18.
Signs must conform to the Silver Lake District standards.
19.
All facade vents for air conditioning or heating units must be incorporated
into the window design such that vent grills and windows appear as
a single unit. This is best achieved by lining up vent grills with
the vertical or horizontal edge of the adjacent window and matching
the window's length or width or using a spandrel panel to fill any
voids. Vent grills shall be hidden behind decorative iron or metal
work which complements the style of the building.
b.
Landscaping and Streetscape Standards.
1.
Sidewalks with a minimum width of eight feet shall be provided along
the frontage of all streets.
2.
The texture of the concrete shall be made smooth with a wood float
in order to create a texture more like blue stone. The sidewalk should
cure without fine finishing and lines should be scored without edging,
using saw cut joints.
3.
The scoring pattern shall be two feet by four feet. The tree pits
shall be four feet by four feet surrounded by a tree guard. Requirements
are illustrated in Figure 1 and Figure 2.
4.
Street trees shall be provided along the frontage of all streets.
Street trees shall have a maximum spacing of 30 feet on center.
5.
Tree Pit Dimension: four feet by four feet with tree guards.
 |
6.
Tree guard shall be:
(a)
Stand at a minimum of 12 inches to a maximum of 18 inches tall
to the top rail.
(b)
Made of black metal (wrought iron, steel or aluminum)
(c)
Three sided, with the curb side open
(d)
Set back at least eight inches from the curb.
(e)
Open around the perimeter. Nothing solid is allowed around the
base of the tree guard. This includes solid metal lips around the
perimeter of the tree guard, plastic liners, bricks or concrete walls.
(f)
Have no sharp points.
(g)
Be fastened into the soil with stakes and not concrete.
(h)
Be anchored inside the bed not to the sidewalk.
(i)
Stand at a minimum of 12 inches to a maximum of 18 inches tall
to the top rail.
 |
7.
At least 20% of every lot shall be landscaped with plants that are
native, non-invasive, and proven drought resistant in an urban environment.
8.
Within the required landscape strip, period appropriate street lights
shall be included, with a maximum light fixture height of 14 feet.
9.
Street light fixtures shall be spaced in between street trees to
minimize conflicts between trees and lighting of the sidewalk and
street areas.
10.
Street light fixtures shall be a Capital Luminaire fixture, with
a Classic I pole and Base, as provided by PSEG.
11.
No standard cobra-head light fixtures shall be permitted.
c.
Driveway Design Standards.
1.
Driveways and parking spaces shall be constructed of pervious paving
materials. The following materials shall be considered acceptable
such as:
2.
Buildings with attached garages cannot be setback a distance that
would allow a car to be parked in front of the garage.
3.
Any garage door shall be designed to mimic the character of a carriage
house door.
4.
Where a lot has frontage on more than one street, any curb cut and
driveway shall be located along the frontage which is the functional
side yard of the corner lot or rear yard for a thru lot.
5.
No more than one curb cut shall be permitted.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
a.
Purpose. The purpose of this district is to provide development regulations
contextual to the existing predominantly two- to three-story multifamily
neighborhood. Moreover, the intent of the zoning regulations are to
protect the historically low-rise nature of the neighborhood from
inappropriate infill such as: buildings greater than three stories,
front yard parking, and ground floor garages on small lots.
d.
Other Requirements.
1.
Any lot legally existing at the time of adoption of this ordinance
shall be considered to be a conforming lot in terms of minimum lot
area, width, and depth, for use by one and two family dwellings only.
2.
Roof-top decks shall be permitted, but must be set back a minimum
of five feet from the front of the building.
e.
Design Standards.
1.
Architectural design standards.
(a)
Buildings shall be designed to present a harmonious appearance
with adjacent structures in terms of the architectural forms and styles
found within the Silver Lake District. Appropriate forms and styles
include:
(1)
Forms:
[a]
Four square - A simple box form of house in which
the primary plan of the house is organized as four square rooms which
create a larger square shape. The four square typically has a gabled
or hipped roof.
[b]
Townhouse/row house - A simple linear box form
of house in which the primary plan of the house is organized to have
significantly greater depth than width, and share common party walls
with adjacent structures to form a row of houses.
[c]
Garrison - A form of house with a gabled roof and
where the second story of the structure projects approximately two
feet beyond the ground floor on the front faced.
[d]
Bungalow - A narrow and deep, low form of house
with a low pitched gabled or hipped roof, and where the second level
of the house is considerably smaller than the ground level.
(2)
Styles - Vernacular expressions of any of the following:
[a]
Italianate - Two or three stories with a low-pitched
hipped roof with widely overhanging eaves having decorative brackets
beneath the eaves. Windows are tall and narrow, and are commonly arched
on upper floors and may have elaborate crowns at the keystone or point
of the arch.
[b]
Italian Renaissance - Very similar to Italianate,
multi-story structure with low pitched hipped roof with wide overhanging
eaves supported by decorative brackets. Prominent entry area is accentuated
by columns or pilasters. Entry may be recessed or projecting from
structure. Upper story windows are typically smaller than lower story
windows.
[c]
Craftsman/Arts & Crafts - Low pitched gabled
roof with wide unenclosed overhanging eaves leaving rafters exposed.
Decorative beams or bracing is typical underneath the front gable.
Front porches are deep, and are supported by massive oversized columns.
Smaller windows are frequently grouped together.
[d]
Prairie - Characterized by low pitched hipped roofs
with wide overhanging eaves. Strong emphasis on horizontal lines on
the front facade of the building. Upper stories are often differentiated
by a different facade material. Windows are frequently grouped. Front
porches are common, and include oversized columns to support any overhangs.
[e]
Colonial Revival - Features typically include an
accentuated front door with an elaborate and prominent gabled porch
entry way, windows are paired and symmetrically balanced. Roofs are
gabled or hipped, and are low pitched and include simple symmetrical
dormer windows.
[f]
21st Century Modern - Sleek application of natural
facade materials, such as concert, stone and/or metal combined with
glass forming geometric shapes, with minimalistic lines. Typically
characterized by incorporating feature(s) such as; orthogonal boxes,
an accent corner with slightly askew angles, roof lines with segmental
vaults, and decoupage incorporating different materials on a slightly
different plane.
(3)
Design and style examples appropriate for this district are
provided in the "Silver Lake Residential District Design Style Booklet,"
dated May 2019 and made a part of this section by reference and may
be found in the Township offices.
Reference Note: Photograph and Diagram source:
A Field Guide to American Houses, by Virginia Savage McAlester
and Lee McAlester, Published by Knopf, May 12, 1984.
A Field Guide to American Houses (Revised): The Definitive Guide
to Identifying and Understanding America's Domestic Architecture,
by Virginia Savage McAlester, Published by Knopf, November 10, 2015.
(b)
The front facade of any building shall incorporate a high quality
material to support the design theme such as brick, stone or non-standard
Concrete Masonry Unit (CMU) sized composite stone, stucco, wood siding,
decorative metal, slate, or simulated slate shingles, terra cotta,
or similar materials.
(c)
Exterior finish materials such as any CMU block, split faced
scored, rusticated block, rusticated, etc., vinyl siding, EIFS, or
cementitious panels shall not be permitted on the facade of a building.
(d)
Where a flat roof is proposed, the top of the front facade of
the building shall incorporate a decorative cornice of at least 12
inches in height.
(e)
Windows shall be vertically proportioned, however windows may
be grouped in order to create a horizontal composition.
(f)
Stoops and porches shall be incorporated into the building frontage.
(g)
Windows on the first floor shall be separated from the sidewalk
by at least three feet of foundation hedge sized evergreen landscaping
and a decorative metal fence of at least 48 inches in height.
[Ord. No. 3134; Ord. No. 3182; amended 7-9-2019 by Ord. No. 3537; 4-12-2022 by Ord. No. 3644]
a.
Purpose. The purpose of this zone is to provide for the continued
growth and development of the hospital and its support facilities
in a manner compatible with the surrounding Silver Lake residential
neighborhood. Hospital facilities shall be designed within the capacity
of the infrastructure necessary to support such operations. The provisions
of this zone permit hospital facilities and typical ancillary accessory
uses, which are supportive of the primary hospital facility.
b.
Permitted Principal Use.
1.
Hospitals.
2.
Clinic.
3.
Clinic, medical or dental.
4.
Pain clinic.
5.
Substance abuse treatment facility.
6.
Immediate/urgent care facilities.
7.
Drug treatment facility.
8.
Business offices.
9.
Laboratory, research/design.
10.
Governmental uses.
11.
School.
12.
Adult day care facilities.
13.
Convalescent/nursing home.
14.
Assisted living facility.
15.
Health/athletic/physical fitness service or club.
16.
Recreation facilities.
17.
Pharmacy or other medical related service.
18.
Restaurant.
19.
Restaurant, carry out/walk up.
20.
Restaurant, fast food.
21.
Any combination of the above listed uses within a mixed use building.
22.
Public utility facilities.
d.
Additional Requirements.
1.
All applications for new construction, or building additions which
propose to construct greater than 20,000 square feet of new floor
area of non-residential space, shall incorporate a publicly accessible
plaza or green space which has a minimum area of 5,000 square feet.
2.
This required plaza or green space must have a minimum of 25 feet
of frontage along a public street.
3.
The plaza or green space must incorporate seating and decorative
landscaping, and areas of sun and shade.
e.
Design Standards.
1.
Architectural Standards.
(a)
The architectural treatment of shall be designed to be consistent
and compatible with the surrounding context of the Silver Lake district
of the Township.
(b)
All buildings shall contain a base, middle and top and be visually
attractive on all facades and from all vantage points.
(c)
The facade of any building shall be composed of brick, non-CMU
sized composite stone, stucco, wood siding, glass, decorative metal,
slate, or simulated slate shingles, terra cotta, or similar materials.
(d)
Exterior finish materials such as CMU block of any type, vinyl
or aluminum siding, EIFS, cementations panels or asphalt shingles
shall not be permitted.
(e)
Buildings shall be designed so that any facade with a width
of greater than 100 feet shall be broken down by dividing the facade
into vertical bays, each of which shall have a width of no greater
than 30 feet.
(1)
The vertical bays of the building shall be offset from one another
by a by a change in the vertical plane of the facade by a minimum
distance of 12 inches.
(2)
The change in the vertical plane of the building for each bay
must occur over a minimum of 50% of the building facade of that portion
of the building.
(f)
Ground floors of buildings shall have at minimum 65% of the
facade devoted to transparent glazing.
(g)
Upper floors of buildings shall have at minimum 25% of the facade
devoted to transparent glazing.
(h)
Buildings shall have roofs that are either flat, or shallow
pitched gables or hips.
(i)
Windows shall be vertically proportioned.
[Ord. No. 3134; amended 10-13-2020 by Ord. No. 3598; 8-17-2021 by Ord. No. 3627; 4-12-2022 by Ord. No.
3644; 3-28-2023 by Ord. No. 07-23]
a.
Purpose. The intent of the Belleville Business District 1 (BB-1)
district is situated closer to and adjacent to the Washington Avenue
corridor. It location, with immediate access to this commercial corridor,
makes it especially suitable to provide for flexible spaces to meet
the needs of modern businesses and industries. Uses permitted within
this zone contain the characteristics of both traditional commercial
and semi-industrial operations, while also serving as an economic
development zone to complement the businesses nearby on Washington
Avenue. Such uses include but are not limited to artisanal manufacturing,
research and development, opportunities for demonstration projects,
craft manufacturing, and light fabrication.
b.
Permitted Principal Use.
1.
All such uses including, but not limited to, artisanal manufacturing,
research and development, opportunities for demonstration projects,
craft manufacturing, light fabrication.
2.
Indoor/outdoor greenhouse/growing facilities.
3.
Health/athletic/fitness facilities.
4.
Laboratory, research and design.
5.
Laundry, commercial.
6.
(Reserved)
[Amended 3-28-2023 by Ord. No. 07-23]
7.
Nursery, horticulture.
8.
Indoor commercial recreation facility.
9.
Outdoor recreation.
10.
School, business.
11.
Brewery.
12.
Brew pub.
13.
Distillery.
14.
Maker-space.
15.
Office, business.
16.
Office, flex space.
17.
Office, co-working.
18.
Artist's live/work studio.
19.
Permanent make up.
20.
Municipal off-street parking facilities.
21.
Restaurants.
22.
Restaurant, fast food.
23.
Restaurant, carry out/walk up.
24.
Bar/tavern.
25.
Automobile/vehicle sales within an enclosed building.
26.
Public utility facilities.
27.
Retail.
28.
Grocery store.
29.
Retail shopping center.
30.
Catering and banquet facilities.
[Added 4-12-2022 by Ord.
No. 3644]
31.
Tattoo establishments.
[Added 4-12-2022 by Ord.
No. 3644]
32.
Theaters.
33.
Dance studios.
34.
Cigar shops.
35.
Cigar lounges.
36.
Music recording studios.
37.
Sound stages.
38.
Movie studios.
39.
Massage, body work and somatic therapy establishments.
40.
Chair massage establishments.
d.
Additional Requirements.
1.
All buildings shall have their primary entrances and facades facing
the public street.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 8-17-2021 by Ord. No. 3627; 4-12-2022 by Ord. No.
3644; 3-28-2023 by Ord. No. 07-23]
a.
Purpose. The purpose of the Belleville Business District 2 (BB-2)
District is to allow for the development of light industrial facilities
and flexible business spaces which may not be compatible with pedestrian
oriented business and residential districts due to the heavy truck
delivery and truck traffic that is associated with these uses. This
district shall permit all uses permitted in BB-1 but also permit warehousing,
auto related uses and light manufacturing.
b.
Permitted Principal Use.
1.
Any use permitted in the BB-1 district as a principal use.
2.
Warehousing.
3.
Self-storage facility.
[Added 4-12-2022 by Ord.
No. 3644]
4.
Light industrial uses.
5.
Funeral parlor and mortuaries.
6.
Garage, commercial.
7.
Construction business.
8.
Automotive/vehicle sales.
9.
Automotive/vehicle body shop.
10.
Automotive/vehicle service station.
11.
Automotive/vehicle wash.
12.
Public utility facilities.
13.
Indoor shooting range.
14.
Theaters.
15.
Dance studios.
16.
Cigar shop/lounge.
17.
Music recording studios.
18.
Sound stages.
19.
Movie studios.
20.
Massage, body work and somatic therapy establishments.
21.
Chair massage establishments.
22.
Commercial parking garages.
23.
Commercial parking lots.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
c.
Regulations for Planned Residential Development.
1.
Bulk Regulations.
(a)
Minimum site area: 10 acres.
(b)
Maximum building coverage: 30%.
(c)
Maximum impervious coverage; 40%.
(d)
Maximum building height: 40% not to exceed three stories.
(e)
Minimum front yard setback for principal buildings: 25 feet;
the setback shall be measured from the existing property line and
not from any right of way easement;
(f)
Minimum side yard setback for principal buildings: 20 feet;
the setback shall be measured from the existing property line and
not from any right of way easement;
(g)
Minimum rear yard setback for principal buildings: 25 feet;
the setback shall be measured from the existing property line and
not from any right of way easement;
(h)
Minimum setback of accessory buildings in any yard: 25 feet;
the setback shall be measured from the existing property line and
not from any right of way easement.
(i)
Minimum width for Townhouse units shall be 20 feet.
(j)
Minimum number of Townhouse units per building - two.
(k)
Maximum building width shall be 160 feet with a maximum of eight
units.
(l)
Minimum amount of open space shall be 35%.
2.
Minimum Separation Between Buildings.
3.
Internal Setback Requirements.
(a)
Minimum setback of parking areas from principal buildings: 10
feet.
(b)
Minimum setback of principal buildings from internal roads or
streets: 15 feet.
(c)
Minimum setback of accessory buildings, including gatehouses,
from any external roadway or street, and boundary line: 50 feet.
(d)
Required building setbacks along roads and streets shall be
maintained as landscaped areas other than driveway and sidewalk requirements.
5.
Required Off Street Parking.
(a)
Parking shall be provided in accordance with the Residential
Site Improvement Standards ("RSIS") NJAC 5:21-1-1 et seq.
(b)
Off street parking shall be provided for all dwelling units
in the amount of two units per dwelling. A minimum of one space in
the driveway and one space in the garage.
(c)
Visitor parking shall be provided in the amount of one space
per two dwelling units or that of which is required in the Residential
Site Improvement Standards, whichever is more.
(d)
Designation Visitor Parking areas shall be located as close
as possible to dwelling units.
(e)
Parking stalls shall be a minimum of eight feet six inches by
18 feet for perpendicular parking and eight feet by 23 feet for horizontal
parking.
(f)
Setback for parking areas shall be five feet from any lot line.
(g)
Parking shall be provided for clubhouses at a minimum of one
space per 150 square feet of floor area.
(h)
Driveways shall occupy a maximum of 50% of the dwelling unit
width.
(i)
Any parking area adjacent to any residential use or zone shall
have a ten foot berm with vertical screen.
6.
Roadways, Streets and Sidewalks.
(a)
All internal roadways and streets shall be a minimum of 30 feet,
from curb to curb, with no parking allowed on either side.
(b)
Belgian block curbing shall be provided throughout development.
(c)
Sidewalks and street-lawns shall be provided along all streets
and roadways with buildings. Where there are no buildings present
sidewalks shall be provided on one side of the street for safe pedestrian
circulation.
(d)
Sidewalks and street-lawns shall be a minimum width of four
feet and 18 inches respectfully.
(e)
Street lights may be located in the street-lawn area.
(f)
Street lights shall be a maximum of 10 feet in height.
7.
Dwelling Units.
(a)
Building Elevations. All Principal buildings in a Planned Residential
Development shall have a compatible architectural theme with variations
in design to provide attractiveness to the development.
(b)
All dwelling units shall have two means of egress.
(c)
Attics of dwelling units shall be maintained as empty space
or for the location of mechanical equipment.
8.
Landscape Buffer.
(a)
All property boundary lines shall have a buffer area of 15 feet
in width, including a berm with a decorative fence and evergreen tree
and hedge landscaping installed adjacent to the fence.
(b)
All maintenance buildings or yards located with the P.R.D. shall
provide a decorative fence or landscaped vertical screen around its
perimeter.
(c)
All detention basins shall be landscaped properly and maintained.
(d)
A landscaped vertical screen must be installed around any or
all detention basins.
9.
Utilities.
(a)
All utilities shall be run underground unless required otherwise
by utility company.
(b)
Upon completion or the occupancy of any part of the development
the developer must submit to the municipal engineer as-built drawings
showing location, slope, material used and any additional items the
engineer may deem necessary.
(c)
Free standing street lights are permitted in a PRD.
10.
Fencing and Retaining Walls.
(a)
Fencing shall be permitted around entire development boundary.
(b)
Chain link, stockade and opaque fences are prohibited along
all boundary lines that are along an exterior roadway or street.
(c)
Maximum height for boundary fences shall be six feet.
(d)
Retaining walls shall be permitted in a manner so as to maintain
minimal slope in grading and effectuate efficient drainage.
(e)
An estate style fence of brick piers with lights on them with
wrought iron fencing are required along street and R-O-W lines and
board on board fencing and vinyl fencing shall be permitted in buffer
area for boundary fencing.
(f)
Brick piers with lights on them with wrought iron fencing are
permitted.
13.
Signage.
(a)
Identification Signs.
(1)
Primary development sign shall not exceed 32 square feet in
size
(2)
The height of the sign shall not be more than what is necessary
to safely identify the development.
(3)
All secondary signs shall not exceed 20 square feet in size.
(4)
Site lighting shall be permitted to illuminate the signs provided
the lighting used is directed on to the sign with minimal spillage
to adjacent properties.
(5)
Identification signs may be located in buffer areas.
(6)
Setback for identification signs shall be a minimum of 10 feet
from any boundary lines.
16.
Application of Supplemental Regulations:
(a)
These regulations govern Planned Residential Developments. If
there is a conflict between these regulations and any other provisions
of the zoning ordinance, these regulations shall control findings
for Planned Developments.
(b)
Prior to the approval of a planned development, the planning
board shall make finding and conclusions in accordance with N.J.S.A.
40:55D-45.
(c)
C.O.A.H. Regulations: The development must meet all C.O.A.H.
regulations for affordable housing.
[Ord. No. 3134; prior § 23-7.15
Permitted in the Mixed Use Development (MXD) District was repealed 6-4-2018 by Ord. No. 3495]
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
a.
Junkyards.
b.
Any use which is offensive because of noise, dust, smoke, fumes,
gas, offensive or toxic odor, glare or electromagnetic radiation which
may be transmitted beyond the boundary line, so as to be dangerous
or prejudicial to the public health, safety, moral or general welfare.
These prohibitions include:
1.
Noise which can be conveyed across lot lines so as to interfere unreasonably
with the comfortable enjoyment of life and property. All provisions
of the State of New Jersey "Noise Control Act of 1971" as enacted,
amended and augmented shall apply.
2.
Light sources which cause direct, reflected or sky reflected glare
exceeding one foot candle as measured at any point greater than 50
feet from the boundary of the property from which it emanates.
3.
Shock or vibration which can be detected by the unaided human senses
beyond the boundary of the property from which it emanates.
4.
Substances which, when emitted into the atmosphere, are injurious
to human, animal or plant life or to property or which will interfere
unreasonably with the comfortable enjoyment of life and property.
All provisions of the New Jersey Air Pollution Code as amended and
augmented and all following provisions, whichever are more stringent,
shall be compiled with.
5.
Electrical disturbance which adversely affects the operation of any
equipment at any point outside the lot.
6.
Solid particles which, when emitted through a stack, are in violation
of the New Jersey Air Pollution Code or succeeding provisions, whichever
are more stringent.
7.
Sulphur compounds which exceed the allowable limits of the New Jersey
Air Pollution Code or succeeding provisions, whichever are more stringent.
8.
Odors which can be readily detected by unaided human senses at any
point along or outside the property lines from which they emanate
for periods aggregating more than five minutes in any hour.
[Ord. No. 3134; amended 8-17-2021 by Ord. No. 3627]
[Ord. No. 3134; Ord. No. 3216; amended 11-5-2018 by Ord. No. 3511; 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
The following planting are indigenous to the region. Site landscape
improvements are required to maximize the use of native species on
site by retaining existing vegetation to the extent possible and planting
new native saplings. At least 20% of every lot shall be landscaped
with plants that are native and non-invasive to the environment. New
landscaping site improvements utilizing these species will qualify
for sustainability credit.
a.
Native trees.
1.
Red maple (Acer rubrum) - best for sunny sites, very adaptable to
light and moisture, bright red to orange fall colors.
2.
Eastern white pine (Pinus strobus) - best for sunny sites, graceful
shape, high wildlife value.
3.
Sugar maple (Acer saccharum) - best for sunny sites, also adaptable
to dry sites, can be tapped with a spile for home-made syrup.
4.
Flowering dogwood (Cornus florida) - best for shady sites, prefer
acidic soil, produce red berries.
5.
Eastern redbud (Cercis canadensis) - best in part sun, tolerate full
sun with age, beautiful lavender flowers in spring.
6.
Black Tupelo (Nyssa sylvatica) - fast-growing shade trees with brilliant
fall coloration.
7.
Also Black Cherry (Prunus serotina) or Black Choke Cherry (Aronis
melanocarpia) are acceptable.
8.
Eastern Red Cedar (Juniperus virginiana) is acceptable "evergreen".
b.
Native shrubs.
1.
Winterberry or inkberry (Ilex verticillata) - best for sunny moist
sites, grow red berries.
2.
Witch alder (Fothergilla major and Fothergilla gardenii) - grow in
sun to shade with brilliant fall coloration and large white flowers
in early spring.
3.
Northern spicebush (Lindera benzoin)- grow in shade to sun, foliage
release a pleasant scent when rubbed or crushed, host plants for the
Spicebush Swallowtail butterfly, can be trained into small trees.
4.
Arrowwood viburnum (Viburnum dentatum) - very adaptable species can
grow in sun, shade, and most soil types, white spring flowers turn
into clusters of blueberries in fall.
5.
Red twig dogwood (Cornus stolonifera (syn.) Cornus sericea) - large
shrubs with bright red stems in the winter, grow well in wet soils
in full sun, produce small white berries for birds in summer.
6.
American pussy willow (Salix discolor)- large shrubs to small trees
with soft fuzzy flowers in late winter, grow well in sun, tolerate
wet soil.
7.
New Jersey tea (Ceanothus americanus) - small shrubs with small white
flowers in mid-June, host Spring Azure butterflies, leaves were used
in colonial times as decaffeinated tea substitute.
8.
Virginia sweetspire (Itea virginica) - dense adaptable shrubs, outstanding
fall coloration.
9.
Smooth hydrangea (Hydrangea arborescens) - white-flowered hydrangeas
for shady locations.
10.
Mountain laurel (Kalmia latifolia) - broadleaf evergreens for shady
areas, bloom mid-spring.
c.
Native perennials.
1.
Bee balm (Monarda didyma) - best for sunny moist sites, aromatic
nectar source, spread well to naturalize areas.
2.
White blue phlox (Phlox divaricata) - good groundcover for shady
locations, bloom in spring.
3.
Oxeye sunflower (Heliopsis helianthoides) - best for sunny sites,
tolerate drought once established, nectar for butterflies and seeds
for goldfinches.
4.
Black-eyed Susan (Rudbeckia fulgida) - best for sunny dry sites,
long-blooming perennials.
5.
Marsh blazing star (Liatris spicata) - most moisture-tolerant of
the Liatris family, large purple or white spiky flowers in summer,
tolerate drought when established.
6.
Garden phlox (Phlox paniculata) - best in sun, grow like a small
bush, large flower heads.
7.
Blue flag iris (Iris versacolor) - grow well in damp soil and full
sun, light blue flowers in late spring.
8.
Mountain mint (Pycanthemum muticum) - a good naturalizer for pollinators,
leaves smell strongly of mint if rubbed or crushed.
9.
Butterfly milkweed (Asclepias tuberosa) - small plants with intense
orange flowers in early summer, host plants for Monarch butterflies,
tolerate drought once established, best in full sun.
10.
Foxglove beardtongue (Penstemon digitalis) - best in sun to part
shade, tall spikes of white flowers in late spring.
11.
Obedient plant (Physostegia virginiana) - grow well in sun, peculiar
flowers hold their position obediently if moved, attract a small harmless
beetle which birds eat.
[Added 4-12-2022 by Ord.
No. 3644]
a.
All development within the B-G and B-A Districts requiring Site Plan
approval shall be required to incorporate and construct the standard
street scape improvements along all street frontages of the project
site. The following improvements are required and shall be included
in the plans submitted to the Township. This design plan supersedes
any other special district street scape plan; such as, the Silver
Lake Street Scape Standards. For example, if a B-A Zone is within
the Silver Lake Design District, this streetscape design shall be
applied.
1.
Sidewalk Design: The Sidewalk shall be improved with a four foot
wide paver strip. Required design details are contained in Figure
1 below.
|
Township Standard Paver D
Figure 1
|
|
Belgium 5-pc. design kit
|
|
Sizes: 5 x 8 1/2, 5 x 7 1/2, 5 x 6 1/2,
5 x 6, 5 x 5
|
|
(All Pavers 2.375" thk)
|
|
Color: Coal
|
|
As Mfg by Cambridge Pavers
|
|
www.cambridgepavers.com
|
|
(Note: This paver is to match paver selected by
the Township Engineer for Washington Ave Streetscape Improvements)
|
2.
Paver border: Between curb and sidewalk.
3.
Paver pattern: Running bond perpendicular to curb. If the road or
street curves, the paver placement remains perpendicular to the curb
(see Figure 2).
4.
Concrete sidewalk: Between paver line and R-O-W line.
5.
Concrete color: Natural Portland cement.
6.
Concrete finish: Wood float with 3/8 inch saw cut joints every five
feet-zero inch and 1/3 slab depth
7.
Tree pits: Trapezoid shape spaced every 35 feet on-center.
 Figure 2
|
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
a.
Intent. To minimize the adverse impacts associated with the potential
proliferation of communication towers, the Township of Belleville
is pursuing a proactive policy of requiring collocation of wireless
communication antenna by more than one carrier on existing towers
and on new tower(s) at public site(s) which may be designated by the
Township Committee.
b.
Communication Antennae Not Attached to Towers. Any communication
antenna which is not attached to a communication tower shall be a
permitted ancillary use to any commercial, industrial, professional,
institutional or multifamily structure, provided that:
1.
The communication antenna does not exceed more than 20 feet above
the highest point of the structure.
2.
The communication antenna complies with all applicable FCC and FAA
regulations.
3.
The communication antenna complies with all applicable building codes.
4.
Amateur radio antennae are exempt from this section.
c.
Collocation of Communication Antennae on Existing Towers.
1.
Collocation of communication antennae required. Proposed communication
antennae are required to collocate onto existing communication or
utility towers. Provided that such collocation is accomplished in
a manner consistent with paragraphs c2 through c4, then such collocations
are permitted by right.
2.
Height.
(a)
An existing communication tower may be modified or rebuilt to
a taller height, not to exceed 20 feet over such tower's existing
height, to accommodate the collocation of an additional communication
antenna.
(b)
The height change referred to herein may occur only one time
per communication tower.
4.
Nonconforming Uses. Bona fide nonconforming communication towers
or antennae damaged or destroyed may be rebuilt. The type, height
and location of the tower on site shall be of the same type and intensity
as the original facility approval. Building permits to rebuild the
facility shall comply with the then applicable building codes and
shall be obtained within 180 days from the date the facility is damaged
or destroyed. If no permit is obtained or if said permit expires,
the communications facility shall be deemed abandoned.
d.
Design and Performance Standards.
1.
Telecommunications Equipment Compound Design. The architectural design
of the supporting equipment building shall incorporate a peaked roof
and high quality building materials. The area devoted to the equipment
compound shall be fenced and shall not exceed 1/4 acre.
2.
Fencing. A chain-link fence or wall not less than eight feet in height
from finished grade shall be provided around each communication tower
and equipment building. Barbed wire may be used along the top of the
fence or wall. Access to the tower shall be through a locked gate.
3.
Landscaping. The visual impact of a communication tower and equipment
building shall be mitigated for nearby viewers through landscaping
or other screening materials at the base of the tower ancillary structures.
The following landscaping and buffering shall be required around the
perimeter of the tower and accessory structures, except that the standards
may be waived by the Planning Board for those sides of the proposed
tower that are located adjacent to undevelopable lands and lands not
in public view. Landscaping shall be installed on the outside of fences.
Further, existing vegetation shall be preserved to the maximum extent
practicable and may be used as a substitute for or in supplement towards
meeting landscaping requirements.
(a)
A row of shade trees a minimum of eight feet tall and a maximum
of ten feet apart shall be planted around the perimeter of the fence.
(b)
A continuous hedge at least 30 inches high at planting capable
of growing to at least 36 inches in height within 18 months shall
be planted in front of the tree line referenced above.
(c)
All landscaping shall be of the evergreen variety.
4.
Method of Determining Communication Tower Height. For purposes of
measurement, communication tower height shall include antenna, base
pad and other appurtenances and shall be measured from finished grade
of the parcel.
5.
Illumination. Communication towers shall not be artificially lighted
except to assure human safety or as required by the Federal Aviation
Administration (FAA). The least intrusive type of lighting permitted
by the FAA will be required.
6.
Finished Color. Communication towers not requiring FAA painting/marking
shall have either a galvanized finish or be painted non-contrasting
blue, gray or black.
7.
Structural Design. Communication towers shall be constructed to the
EIA/TIA 222-E standards, as published by the Electronic Industries
Association, which may be amended from time to time, and all Township
construction/building codes. Further, any improvements and/or additions
(i.e., antenna, satellite dishes, etc.) to existing communication
towers shall require submission of site plans sealed and verified
by a professional engineer which demonstrate compliance with the EWTIA
222-E standards.
8.
Inspection.
(a)
The Township Committee may require periodic inspections of communication
towers to ensure structural integrity. Such inspections may be required
as follows:
(b)
Inspections shall be conducted by an engineer licensed to practice
in the State of New Jersey. The results of such inspections shall
be provided to the Township Engineer. Based upon the results of an
inspection, the Township Committee may require repair or removal of
a communication tower.
9.
Noninterference. Each application for special exception to allow
construction of a communication tower shall include either a preliminary
or a certified statement that the construction of the tower, including
reception and transmission functions, will not interfere with the
usual and customary transmission or reception of radio, television,
etc., and service enjoyed by adjacent residential and nonresidential
properties. In the event that only a preliminary statement is submitted
with the application, a final, certified statement of noninterference
will be provided and approved by the Township prior to the issuance
of a building permit. The statement shall be prepared by an engineer
licensed to practice in the State of New Jersey or other professional
accepted by the Township.
10.
Approval Required from Other Governmental Agencies. Each application
for a new or modified communication tower shall include written approval
or a statement of no objection from other federal, state or county
agencies 'that regulate communication tower siting, design and construction.
e.
Collocation of Communication Antennae on Towers on Public Property.
1.
Collocation Policy. The Township of Belleville shall plan for and
accommodate the growing demand for communication antennae by collocating
such new antennae on towers sited on publicly owned sites controlled
or designated by the Township and which are appropriate locations
for facilitating antenna transmission and for minimizing visual and
other impacts on the public associated with communication antennae.
2.
Public/Private Partnership to Implement Collocation Policy.
(a)
Any collocation communications will be installed, maintained
and operated by a private business and/or regulated public utility
on public property under lease agreement with the Township of Belleville
pursuant to the Local Land and Law and/or Local Public Contracts law
of the State of New Jersey and in compliance with the ordinance requirements
of the Township.
(b)
In order to assure that any tower at the above reference location
will accomplish the intent of this section, any lease agreement with
the private operator or regulated public utility shall include, but
not be limited to, the following requirements:
(1)
The tower will be constructed to be capable of supporting at
least 200 antennas which meet radio frequency requirements.
(2)
The tower shall not exceed 225 feet from grade. Antenna space
shall be rented to all interested carriers at a rate reflecting the
fair market price for such services.
(3)
The tower shall comply with the design and performance standards
set forth in paragraph d.
(c)
The private entity or regulated public utility which will install,
maintain and operate the collocation tower will be selected through
an open public bidding process under specifications and a lease agreement
to be prepared for the Township Committee under applicable New Jersey
law governing public-private agreements. Specifications will include,
but not limited to, a demonstration of suitable past site management
experience and compliance with prescribed construction standards with
a cost and revenue analysis for the first five years of operation.
f.
New communication antenna and towers shall be permitted by right
in the BB-2 zone district subject to the applicable provision of this
section.
[Added 6-4-2018 by Ord.
No. 3495; amended 4-12-2022 by Ord. No. 3644]
a.
Purpose. The purpose of the Open Space Zone is to preserve and enhance
public and private open, natural, and improved park and recreational
areas in the Township of Belleville and provide for beneficial public
use and enjoyment of such areas through the preservation of such areas
for active and passive recreational uses. The Open Space Zone includes
subcategories for cemeteries (OS-CM), private open space (OS-PR) and
public open space (OS-PB).
These areas serve many functions, including:
[Ord. No. 3134; amended 8-17-2021 by Ord. No. 3627]
a.
General. The Planning Board shall not approve of a conditional use
unless that it finds that the use meets all of the requirements of
this section.
b.
Requirements for designated conditional uses.
1.
Cannabis Retailers. Cannabis Retailers are permitted conditional
uses in the BG Commercial Residential Mixed-Use Zone District, BB-1
Zoning District, BB-2 Zoning District and the R-DV Redevelopment Zoning
Districts in existence the day this section goes into effect., however,
a total of four Cannabis Retailers shall be permitted throughout the
Township. No variance shall be granted permitting any greater number
of Cannabis Retailers. Any such increase must be by an amending ordinance.
Deviations from the conditional use standards set forth in paragraph
(c) below, shall require variances pursuant to N.J.S.A. 40:55D-70(d)(3).
(a)
All Cannabis Establishments, Cannabis Distributors and Cannabis
Delivery Services shall be subject to site plan review prior to offering
personal use cannabis sales. Submitted plans shall depict loading
areas, floor plans, building elevations, signage, and landscaping.
(b)
Cannabis Retailers shall be permitted in the BG, BB-1 and BB-2,
and current R-DV Zones, subject to the numerical limitations set forth
in this section, and provided any such business conforms with the
following standards:
(1)
No Cannabis Retailer shall be located within 500 feet of a daycare
facility (child), preschool facility, or school (limited to public
and private).
(2)
No Cannabis Retailer shall be located within 1,000 feet of another
cannabis retailer. Notwithstanding this restriction, the Municipal
Council of the Township of Belleville waive the above-mentioned prohibition
upon the filing by the applicant of an appeal to the Council by filing
an affidavit setting forth with particularity the reasons which the
applicant believes warrant the relaxation of the said 1,000-foot distance
requirement. Said affidavit form shall be sworn to by a notary public
of New Jersey. The Municipal Council may request the applicant appear
before it regarding said appeal.
(3)
Cannabis Consumption Areas as defined in the Act are prohibited,
both indoors and outdoors.
(4)
Drive-thru services are prohibited.
(5)
Any site proposed for use by a Cannabis Retailer shall be subject
to site plan review by the appropriate land use board prior to the
commencement of cannabis sales for personal use, irrespective of the
use of the property prior thereto.
2.
Cannabis Delivery Services. Cannabis Delivery Services are permitted
in the BG Commercial Residential Mixed-Use Zone District and BB-1
Zoning District and BB-2 Zoning District provided any such business
conforms with the following standards.
(a)
No Cannabis Delivery Service shall be located within 500 feet
of a daycare facility (child), preschool facility, or school (limited
to public and private).
(b)
No Cannabis Delivery Services shall be located within 1,000
feet of another cannabis delivery service.
(c)
Any site proposed for use by a cannabis delivery service shall
be subject to site plan review by the appropriate land use board prior
to the commencement of cannabis delivery, irrespective of the use
of the property prior thereto.
3.
Cannabis Cultivator and Manufacturer. Cannabis Cultivators and Manufacturers
shall be permitted in the BB-1 Zoning District and the BB-2 Zoning
District provided any such business conforms with the following standards:
(a)
No Cannabis Cultivator or Manufacturer shall be located within
500 feet of a daycare facility (child), preschool facility, or school
(limited to public and private).
(b)
No Cannabis Cultivator of Manufacturer shall be located within
1,000 feet of another cannabis cultivator of manufacturer.
(c)
Any site proposed for use by a Cannabis Cultivator or Manufacturer
shall be subject to the site plan review by the appropriate land use
board prior to the commencement of cannabis manufacturing or cultivating,
irrespective of the use of the property prior thereto.
4.
Cannabis Wholesaler and Distributor. Cannabis Wholesalers and Distributors
shall be permitted in BB-2 Zoning Districts.
(a)
All Cannabis Wholesalers and Distributors shall be subject to
site plan review prior to operating as a wholesaler or distributor.
Submitted plans shall depict loading areas, floor plans, building
elevation, signage, and landscaping.
(b)
No Cannabis Wholesaler or Distributor shall be located within
500 feet of a daycare facility (child), preschool facility, or school
(limited to public and private).
(c)
Any site proposed for use by a Cannabis Wholesaler or Distributor
shall be subject to the site plan review by the appropriate land use
board prior to the commencement of cannabis wholesaling or distributing,
irrespective of the use of the property prior thereto.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
a.
A third dwelling unit is permitted in a two-family dwelling in the
R-B, R-C, and SLR Districts, as an addition, through floor plan adjustment
or within a basement. Bulk standards applicable to the principal residential
building shall continue to apply.
b.
A second or third unit is also permitted over a detached garage as
a free standing carriage house provided that the principal lot is
greater than 7,000 square feet in size. The following bulk standards
shall apply for this free standing garage type of unit.
c.
All third units shall conform to the New Jersey Uniform Construction
Code and provide adequate window egress for bedrooms.
d.
Within all R-B, R-C, and SLR Districts this 3rd unit shall be a one
bedroom unit, excluding triplex Townhouse style uses.
[Amended 6-9-2020 by Ord.
No. 3574; 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
a.
FOOD SERVICE ESTABLISHMENT
SIDEWALK
SIDEWALK CAFE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A facility established primarily for the service of food
and drink which shall include restaurants of all classes, bakeries,
ice cream parlors, taverns and delicatessens.
That portion of the public easement which lies between the
building line and the curb.
The use of partitioned sidewalk space beyond the building
line to accommodate tables, chairs, and the serving of food and drink
to patrons of a restaurant fronting on that space.
b.
Operation of a Sidewalk Cafe; Projection into sidewalks.
1.
No person may operate a sidewalk cafe without obtaining a license
from the Department of Building and Construction pursuant to the procedures
provided for herein.
2.
Sidewalk cafe tables and chairs may be located within the R-O-W sidewalk.
Ample space shall be provided for sidewalk pedestrian traffic between
the curb and the required fence partition. A minimum width of four
feet of unobstructed sidewalk shall be provided.
3.
Prior to the issuance of a license, a Department of Building and
Construction inspector will visit and measure the site, take photographs
and gather such information as is necessary to fully inform the Departments
as set forth herein.
4.
Pop-Up Exemption. Outdoor cafe space located on Belmont Avenue and Newark Avenue may opt to request the creation of a seasonal one or two parking space sized cafe seating area. This shall permit temporary use of the parking area in accordance with the requirements outlined in the cafe seating regulations and licensing identified below and also the requirements outlined in § 23-8.2B Pop-Up Cafe/Park Development Requirements.
5.
The required fence separation shall be of a decorative type. It need
not be a formal fence. It may be a decorative barrier made of rope,
chain, planters, or some other form of separation sufficient to identify
the boundary between the public walkway and cafe seating area. The
maximum height shall be 3.5 feet.
c.
Permitted Location.
1.
Sidewalk cafes shall only be permitted in front of a food service
establishment that is permitted under the Township's zoning ordinances.
Food service establishments seeking to expand a prior nonconforming
use shall be required to obtain the appropriate variance from the
Belleville Township Zoning Board of Adjustment. In those situations
where a food service establishment is located on a corner, both street
frontage sidewalk areas fronting the food service establishment may
be used for the sidewalk cafe.
2.
All sidewalk cafes shall comply with the following regulations:
(a)
The sidewalk cafe area shall be partitioned by a three-sided,
movable structure separating the sidewalk cafe from the public portion
of the sidewalk, and which is no less than 30 inches in height and
no more than 36 inches in height, providing one opening for entrance
and exit which is no less than 42 inches in width and no more than
60 inches in width, and whose boundaries allow patrons and pedestrians
to clearly ascertain the entrance and exit to the sidewalk cafe area.
(b)
All fence partitions shall be secured in place by means of drilling
holes in the sidewalk for the insertion of fence partition posts so
as to prevent encroachment of the pedestrian right-of-way.
(c)
All fence partitions shall be removed and all sidewalk holes
shall be capped at the end of each business day and whenever the cafe
is not in use.
(d)
In the Silver Lake Special District, the movable structures
described herein shall be in keeping with the style of the building,
District design guidelines and surrounding resources. The use of traditional
fencing materials such as iron, steel, or other metals, in traditional
forms, is encouraged. All partitions must be topped with a horizontal
rail with no projections above it.
(e)
The sidewalk cafe may have an overhead covering consisting of
either an individual umbrella over each table or a retractable awning
covering all tables and chairs, and no part of the covering shall
project over the partition or railing into the public sidewalk area;
and umbrellas must be of sufficient height to allow free passage under
them.
(f)
Alcoholic beverages, when permitted under this article, shall
not be served or consumed on any sidewalk or any other public area
which is outside the partitioned area of the sidewalk cafe.
(g)
All areas comprising the sidewalk cafe, including tables and
chairs, shall remain clean and orderly at all times.
(h)
The number of patrons served in the sidewalk cafe shall be limited
to the maximum number indicated on the sidewalk cafe permit. No persons
other than those being served and restaurant personnel shall be within
the sidewalk cafe area except for those persons passing through the
sidewalk cafe area to enter or exit the restaurant proper.
(i)
No planters, flower boxes, menu stands and/or other decorative
items are allowed to protrude outside the partition area in order
to keep clear the pedestrian right-of-way.
(j)
No audio speakers may be placed outside of the food service
establishment.
(k)
No advertising signs, banners, or menus shall be placed (on),
draped, or attached to the fence partition.
d.
Permitted Months and Hours of Operation. Operation of sidewalk cafes
shall be permitted from March 15 through November 30 inclusive, or
on any day December 1 through March 14 that the temperature rises
above 55° F. The hours of operation of sidewalk cafes shall be
between 8:00 a.m. and 10:00 p.m., Sunday through Wednesday; 8:00 a.m.
and 11:00 p.m., Thursday; and between 8:00 a.m. and 12:00 a.m., Friday
and Saturday, except that no alcoholic beverages, when permitted under
this section, shall be served in a sidewalk cafe before 12:00 p.m.
on any day. License fee, term, maximum number of patrons, and application;
approvals required; revocation; closure; hearing.
e.
The annual license fee for a sidewalk cafe shall be as provided:
1.
All licenses shall be renewable no later than March 31 of each year.
2.
The license shall indicate the maximum number of patrons to be served
in the sidewalk cafe.
3.
The Department of Building and Construction Code shall issue such
license upon being duly presented the application, together with plans
and specifications detailing the sidewalk cafe area to be licensed,
including number of patrons to be served, and adherence to all conditions
set forth in this section as well as all applicable Township and State
laws and regulations.
f.
The Township, through its duly authorized agent, shall revoke the
license of any sidewalk cafe licensee who, upon the expiration of
five days after receipt of notice from the Township or its agents
of a violation of municipal or state law or any of the requirements
set forth in this section, fails to cure the violation.
g.
The Township may require the immediate closure and removal of all
sidewalk cafes or other projections or encumbrances upon any street,
sidewalk or public easement which are improperly constructed or maintained,
or which otherwise create a hazard to the public.
h.
Enforcement.
1.
The Department of Building and Construction Code shall have the authority
to enforce this section.
2.
The applicant shall file with the Township Clerk and the Department
of Building and Construction Code a certificate of liability insurance
in the minimum amount of $1,000,000, naming the Township and its agents,
servants, and employees as additional insureds, which policy shall
be kept in full force during the operation of the sidewalk cafe. The
policy of insurance must be occurrence based coverage.
[Added 7-9-2019 by Ord.
No. 3537]
a.
The creation of a Pop-up Cafe/Park shall require Site Plan approval
from the Planning Board.
b.
Submission of a licensing fee of $1,000 for each season of use. (A
season shall be from March - November)
c.
Entering into an agreement with the Township to identify cleaning
requirements, graffiti removals, landscaping and planter maintenance,
furniture upkeep, daily trash removal and the cleaning out of the
cavity underneath park. This agreement will also specify make sure
permanent elements of the park are secured to withstand storm-water
and wind stresses and that the associated business includes the park
in their business insurance policy.
d.
Design Requirements.
1.
Every park shall have a wooden floor that bring the park to be level
to the adjacent curb.
2.
The floor of the park shall be one level and should conform to ADA
standards for accessibility.
3.
Locate the park at least 20 feet down the street from an intersection.
4.
Slope of street must be less than 5% grade.
5.
The space can serve patrons of the cafe but shall also be open to
the public to utilize without making a purchase at the cafe.
6.
Continuous existing curb for easy access from the sidewalk.
7.
Incorporate umbrellas or utilized new or existing shade trees and
landscaping/potted plants.
8.
Insure existing street lights provide sufficient light for safety
and egress.
9.
Verify vehicular sight lines for each location.
10.
The park shall be no wider than six feet of a the typical eight foot
width of parking the space.
11.
Design the park to so that park users can see out and others outside
of the park can see in.
12.
Make sure the park presents as a public space: include signage and
differentiate furniture
13.
Secured railings should be provided along the street side of the
platform.
14.
Bollards or planters shall be provided on each end of the park.
15.
Wheel stops are also required at park outer edges.
[Amended 4-12-2022 by Ord. No. 3644]
a.
Any automotive/vehicle use relating to vehicular sale, service, maintenance
or storage including outdoor surface parking areas shall provide a
minimum ten foot wide evergreen tree landscaped buffer along any interior
property line.
b.
Any off-street parking or vehicular activity within a front yard
or visible from a public street shall be screened from public view
by a three and one-half to six foot high decorative metal fence with
brick posts at the right-of-way and include a minimum five foot wide
landscaped area interior to the fence that contains an evergreen hedge
with a minimum planting height of three feet.
c.
This section does not apply to new conforming development in the
BA or BG Zone.
[Ord. No. 3134]
The drive through lanes shall be designed to stack at least
three cars per lane without extending into any right-of-way or internal
drive aisle.
Any off-street parking or vehicular activity within a front
yard or visible from a public street shall be screened from public
view by a four foot high decorative metal fence with brick posts at
the right-of-way and include a minimum five foot wide landscaped area
interior to the fence that contains an evergreen hedge with a minimum
planting height of three feet.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
Any off-street parking or vehicular activity within a front
yard or visible from a public street shall be screened from public
view by a four foot high decorative metal fence with brick posts at
the right-of-way and include a minimum five foot wide landscaped area
interior to the fence that contains an evergreen hedge with a minimum
planting height of three feet.
There must be a loading area shielded from public view and screened
from adjacent properties. The facility and loading area design must
harmonize with the surrounding neighborhood.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 4-12-2022 by Ord. No. 3644]
a.
Any off-street parking or vehicular activity visible from a public
street shall be screened from public view by a four foot high decorative
metal fence with brick posts at the right-of-way and include a minimum
five foot wide landscaped area interior to the fence that contains
an evergreen hedge with a minimum planting height of three feet.
b.
In zone where they are permitted Houses of Worship shall be located
in stand-alone buildings only.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
Any portion of the property along a front yard or visible from
a public street shall be screened from public view by a six foot high
decorative metal fence with brick posts at the right-of-way and include
a minimum ten foot wide landscaped area interior to the fence that
contains evergreen tree landscaping with a minimum planting height
of five feet.
Any public utility facility shall include a minimum ten foot
wide evergreen tree landscaped buffer along any interior property
line.
Any mechanical apparatus shall be enclosed in a structure or
building designed to be of a style, material and design that is harmonious
with the character of the surrounding neighborhood.
No flood lights shall be attached to the building.
[Ord. No. 3134]
Details on sound attenuation material are required at the time
of site plan application, and additional improvements to ensure that
sound will not exceed acceptable levels for the area and for adjacent
and surrounding uses may be required at the discretion of the Board.
[Ord. No. 3134]
a.
There must be a building which may incorporate an office and/or service
area not to exceed 20% of the building floor area. Said building shall
be a minimum of 50% of the lot area.
b.
Maneuvering of trucks, trailers, and tractor trailers shall be within
the lot of such terminal.
c.
No flood lights shall be attached to the building.
[Ord. No. 3134]
The applicant shall comply with the following conditions:
a.
The occupation or profession shall be carried on wholly within the
principal building or other structure accessory thereto, and it shall
utilize no more than 25% of the gross floor area of the building.
b.
There shall be no exterior display, no exterior alteration of the
property including expansion of parking, no exterior sign, no exterior
storage of materials and no other exterior indication of a home occupation
or variation from the residential character of the premises.
c.
No use shall require structural alteration to the interior or exterior
of the building that changes the residential character of the building.
d.
The use of electrical or mechanical equipment that would change the
fire rating of the structure or create a visible or audible interference
with radio or television receivers or cause fluctuations in the line
voltage outside the dwelling unit is prohibited.
e.
There shall be no noise, vibration, smoke, odors, heat, glare produced
as a result of the home occupation which would exceed that normally
produced by a single residence.
f.
There shall be no demand for parking beyond that which is normal
to the neighborhood and no visual or excessive traffic to and from
the premises. In no case shall the home occupation cause more than
two additional vehicles to be parked on or near the premises.
g.
The home occupation shall not involve the use of commercial vehicles,
other than those owned by the applicant for delivery of products or
materials to and from the premises.
[Added 10-13-2020 by Ord.
No. 3598]
a.
Any school (parochial/private/public) must conform to the following
requirements:
1.
Minimum lot size: 10,000 square feet.
2.
Minimum lot width: 90 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum front yard: 25 feet.
5.
Minimum rear yard: 35 feet.
6.
Minimum side yard: 15 feet (interior); 25 feet (corner).
7.
Maximum lot coverage: 20%.
8.
Maximum building height: three stories or 45 feet (two stories or
30 feet).
b.
A five foot wide buffer strip shall be provided along all adjoining
property lot lines and an evergreen landscape screen shall be provided
at least six feet in height.
c.
A drop-off area shall be provided for at least two buses (type 1,
40 passengers).
[Added 7-9-2019 by Ord.
No. 3537]
a.
Surface parking shall incorporate peripheral landscaping, decorative
fencing and decorative lighting.
b.
Garage parking shall adhere to the following conditions:
1.
A garage can be incorporated within a mixed use building containing
other permitted uses or as a freestanding garage.
2.
The garage facade shall be clad with a decorative material making
it attractive from all vantage points.
3.
If unventilated, it shall screen the typical garage bay by incorporating
window sized punched openings with decorative grates and other screening
materials to completely mask the view of headlight glare of cars within
the garage from surrounding properties and rights-of-way.
4.
There shall be a public lobby for the garage at the sidewalk level
designed with 75% glazing to ensure safety and visibility.
c.
All parking facilities shall be identified by signage using the international
"P" symbol. For a garage, signage shall be in the form of a blade
sign on the building, and for a surface lot signage shall be in the
form of a freestanding monument-style sign at the entrance drive.
[Added 6-4-2018 by Ord.
No. 3495; repealed 7-9-2019 by Ord. No. 3537]
Editor's Note: Ord. No. 3537 renumbered and deleted certain subsections in Section 23-8.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495]
[Ord. No. 3134]
The subdivision of land in the Township shall comply with all requirements of the Subdivision Ordinance; Chapter 18, of the General Ordinances of the Township of Belleville.
[Ord. No. 3134]
Nothing herein contained shall require any changes in the plans,
construction or designated use of a building for which a building
permit has been heretofore issued of plans for which are on file with
the Construction Code Official at the time of the passage of this
chapter and any amendments thereof, and the construction of which
in either case, shall have been diligently prosecuted within a year
of the date of such permits and the ground story framework of which,
including the second tier of beams, shall be completed within such
year and which entire building shall have been completed according
to such plans as files within two years from the date of the passage
of this chapter and any amendments thereof.
[Ord. No. 3134]
No land shall be occupied or used, no building hereafter erected or altered shall be occupied or used in whole or part, no change in use, no change of commercial tenancy, no change in ownership, in the case of a commercial activity, the commercial activity having a current license, until a Certificate of Occupancy shall have been issued by the Zoning Official, stating that the premises, uses, or building complies with all the provisions of this chapter, any adjustments thereto granted by the Board of Adjustment, in the case of construction or alteration, that the construction is in accordance with the plans and specifications filed with the Construction Code Official and meets the conditions of any Site Plan approval and building permit, the Property Maintenance Code, Chapter 21, and Building and Housing, Chapter 12, of the General Ordinances of the Township of Belleville.
[Ord. No. 3134]
a.
If the occupancy and use of a building or of land for which a Certificate
of Occupancy has been issued is not commenced within six months after
the date of such issuance or such period as the Zoning Official may
authorize in writing because of the occurrence of conditions unforeseen
at the time of issuance, such occupancy permit shall expire and a
new occupancy permit shall be obtained before such occupancy and use
are commenced.
b.
No such extension of time for longer period than 90 days shall be
authorized except upon the approval by a reviewing board.
c.
All approvals by the Planning Board and Zoning Board of Adjustment
shall expire two years after the adoption of a resolution of approval
unless the applicant applies for an extension, as permitted, or unless
construction or use of the premises has commenced within said year.
[Ord. No. 3134]
A Certificate of Occupancy shall be deemed to authorize and
is required for both initial and continued occupancy and use of the
building of land to which it applies; and shall continue in effect
as long, and only as long, as such building and the use thereof or
the use of such land are in full conformity with the provisions of
the chapter and any requirements made pursuant thereto.
[Ord. No. 3134]
Upon written request by the owner, the Zoning Official, shall,
after inspection, issue a Certificate of Occupancy for any building
or use thereof or of land existing at the time of the adoption of
this chapter. Certifying such use whether or not the same and the
building confirms to the provisions of this chapter and any amendments
thereof.
[Ord. No. 3134]
a.
A Certificate of Occupancy shall be applied for at the time of change
of commercial tenant, change of ownership, change of use or application
for building permit, and verification of a commercial license. It
shall be issued within 10 days after such application, or within 10
days after completion of construction, if in complete compliance of
the chapter.
b.
A record of all certificates shall be kept on file in the office
of the construction code official and copies shall be furnished upon
request to any person having a proprietary or tenancy interest in
the building affected.
c.
A fee shall be established by the governing body upon the recommendation
of the Planning Board for every activity and use in every District
of the Township of Belleville.
d.
The fee schedule is in the care of the building inspector and will
be available to the applicant when applying for a Certificate of Occupancy.
e.
No permit or excavation for, or the erection of any building shall
be issued before the application has been made for a Certificate of
Occupancy.
f.
No business or premises may be occupied, or business tenant shall
start operations until a Certificate of Occupancy has been issued.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495]
Any non-conforming use existing at the time of the passage of
this chapter and amendments thereof, may be continued and any existing
building designed, arranged, intended or devoted to a non-conforming
use may be reconstructed or structurally altered and the non-conforming
use therein changed subject to the following regulations:
a.
When a non-conforming building, or a building in which a non-conforming
use is conducted, is destroyed or damaged by any casualty to an extent
not exceeding 50% of its true value, exclusive of foundations, at
the time of such destruction or damage, it may be reconstructed but
it shall not be enlarged. If any such building is so destroyed or
damaged to an extent exceeding 50% of its true value, it shall not
be reconstructed except for a conforming use; provided, that if any
non-conforming building used as a one-family dwelling or two family
dwelling is so destroyed or damaged to an extent exceeding 50% of
its true value, the same may be reconstructed within two years after
such destruction or damage so as to be the same space that is occupied
prior to such destruction or damage or any part thereof.
b.
No non-conforming use shall be extended at the expense of a conforming
use.
c.
Nothing in this chapter shall be deemed to prevent keeping in good
repair a building in which a non-confirming use is conducted.
d.
A non-conforming use may be changed to another non-conforming use
of the same or more restricted nature (less intensive use).
e.
If any non-conforming use ceases for a continuous period of one year
or more, is changed to or replaced by a conforming use, or is moved
for any distance for any reason the land and building theretofore
devoted to such non-conforming use shall thereupon be subject to all
the regulations as to use for the district in which such land and
building are located, as if such non-conforming use had never existed.
f.
The foregoing provisions shall apply to all non-conforming uses existing
at the time of the adoption of this chapter and to all uses that become
non-conforming by reason of any amendment thereof.
[Ord. No. 3134]
Where a one-family or two-family dwelling has become non-conforming
because of a change in zone, an increase in minimum lot dimensions,
an increase in minimum front, side, or rear yard dimensions or an
increase in parking requirements, the owner shall be permitted to
make a structural change or addition provided:
a.
There is no increase in the number of dwelling units.
b.
There is no elimination of an existing garage.
c.
There is no decrease in off-street parking facilities.
d.
The addition sought does not in itself create a violation.
e.
The addition or change meets all other minimum requirements of the
Township of Belleville.
[Added 6-4-2018 by Ord.
No. 3495]
a.
Any parcel of land with an area or width less than that prescribed
for a lot in the R-A-1 (one family); R-A-2 (one family); R-B (one
family); R-B (two family); R-C (one/two family) in which such lot
is located, which parcel was under one ownership at the date of the
adoption of this ordinance, when the owner thereof owns no adjoin
land, may be used as a lot for the construction of a one-family as
may be permitted in the residential district wherein such lot is situated
provided, however, that no existing non-conforming lot may be subdivided
into two or more lots.
b.
Chapter 23, Schedule of Regulations, District Regulations is hereby further amended to provide for the following special requirements for new one-family dwellings to be constructed on existing isolated and/or non-conforming existing 25 feet by 100 feet lots in R-A-1 (one family); R-A-2 (one family); R-B (one family); R-B (two family); R-C (one/two family) provided, however, that construction permit(s) shall be obtained from the appropriate Township agencies prior to commencement of construction.
c.
Residential District Regulations for isolated, non-conforming lots
shall be amended to read as follows:
1.
Minimum lot size: 25 feet width.
2.
Minimum lot depth: 100 feet depth.
3.
Minimum lot area: 2,500 square feet.
4.
Minimum front yard: 15 feet.
5.
Minimum back yard: 15 feet.
6.
Minimum side yard: three feet each side.
7.
Maximum lot coverage: 35%.
8.
Maximum lot height in feet: 35 feet
9.
Maximum stories: three Stories
*Must meet current/existing parking requirements
d.
The Township Council shall require existing property owner(s), their
legal and/or otherwise representatives to produce the legal documentation
necessary to substantiate that said undersized lot (25 feet by 100
feet) currently has an existing residential one and/or two family
structure or had a one or two family residential structure on said
property in the past, but which is now removed.
[Ord. No. 3134]
The Planning Board and the Board of Adjustment shall be established
and operated in accordance with the Municipal Land Use Law C291 P.L.
1975 and as prescribed in Township Ordinance O-IR #1 2-8-77.
[Ord. No. 3134]
An appeal to the Zoning Board of Adjustment may be taken by
any interested party affected by any decision of the Zoning Official
of the Township of Belleville based on or made in the enforcement
of the zoning ordinance, or official zoning map. Such appeal shall
be taken within 65 days by filing a notice of appeal with the officer
whom the appeal is taken specifying the grounds of such appeal. The
officer from whom the appeal is taken shall immediately transmit to
the Board of Adjustment all the paper work constituting the record
upon which the action appealed from was taken.
[Ord. No. 3134]
The purpose and intent of this chapter is to embody herein all
regulations limiting and restricting to specific Zoning Districts
and the regulation therein of buildings and structures according to
the nature and extent to their use and the nature and extent of the
use of land, and any such regulations for the purposes aforesaid not
included in this chapter are hereby repealed, and the provision of
any ordinance or parts of ordinances which are inconsistent with the
provisions of this chapter are hereby repealed.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
It is the intent of this section to prescribe measurable criteria
and a procedure for reviewing signs with the purpose of:
a.
Controlling the size, location, character and other pertinent features
of all publicly visible signage.
b.
Bringing improved quality and order to the signs located throughout
the Township to assure the continuation of a high level of attractiveness
and historic character, thereby protecting residential and commercial
property values.
c.
Providing each commercial property with equal visibility by promoting
signs which:
1.
Encourage compatibility with surroundings and express the identity
of individual properties and the character of the community while
being compatible with the architectural style of the building and
the neighborhood in materials, construction and color.
2.
Make signage orderly, readable and appropriate to the activity to
which it pertains.
3.
Require signs that are not distracting to motorists so as to assure
traffic and pedestrian safety.
4.
Promote signage that is properly located, well-constructed and well-maintained.
d.
Structuring a regulatory system which will facilitate efficient administration
and enforcement.
e.
AWNING SIGN
BLADE SIGN
CANOPY SIGN
MONUMENT SIGN
PYLON/POLE SIGN
WALL SIGN
WINDOW SIGN
Definitions.
As used in this section, the following terms shall have the
meanings indicated:
The Awning Sign is located on a canvas awning that projects
above the storefront. It consists of screen-printed or appliqued letters
and graphics. Signs shall not be handpainted. These signs are designed
to be pedestrian and auto-oriented.
The Blade Sign is mounted perpendicular to the facade from
two metal brackets and shall not swing. Blade signs shall be pedestrian-oriented
rather than to the automobile.
The Canopy Sign is located on a canopy that projects above
the storefront. It consists of individually cut letters sitting on
top of, on the face of, or below the canopy along the outside edge
facing the street. These signs are designed to be pedestrian and auto-oriented.
A freestanding sign located on an articulated decorative
base close to the ground and may contain individual tenant placards.
A freestanding Monument Sign is typically located along a street frontage
and at a driveway where there is a major traffic entrance for the
project. These signs are typically more auto-oriented, but shall be
designed to minimize impact on pedestrians.
A freestanding sign attached to a pole.
The Wall Sign is located above the storefront flat against
the facade within the sign band.
The Window Sign is applied directly to the inside of a window
or is hung within five feet inside the glass. It is professionally
made and consists of individual letters and graphics. Window Signs
shall not be permitted on any window that is not maintained in a transparent,
ubobstructed condition.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord.
No. 3598]
a.
It shall be unlawful to erect, paint, alter, reword, locate or relocate,
reconstruct or change in any manner a sign or signs without first
having obtained, and having in force and effect, a permit from the
Zoning Official.
b.
The Zoning Official shall issue permits only for such signs as are
specifically allowed for the particular premises and Zone District
in which the premises are located.
c.
Every sign for which a permit has been issued pursuant to this chapter
shall show the permit number.
d.
Before any such permit is granted for the erection, painting, alteration,
rewording, locating or relocating, reconstruction or change in any
manner of a sign or sign structure, an application, together with
plans and specifications, shall be filed with the Zoning Official
showing the wording, coloration, dimensions, materials and details
of construction, including loads, stresses, support and anchorage.
The application shall be accompanied by the written consent of the
owner or lessee of the premises upon which the sign is to be erected
and all data which the Zoning Official may require to determine if
such sign complies with all provisions of this chapter, including
certification by an architect or a professional engineer of its structural
adequacy. The property owner shall be advised by the Zoning Official,
at the time of the application for the permit to erect the sign, of
his prospective liability for the cost of removal in the event the
permittee fails to do so.
e.
The Zoning Official shall thereafter refuse to issue a permit for
the erection of any sign in the Township of Belleville to any person,
organization, business, or owner of premises until the fine is resolved.
f.
Any sign which has been erected illegally shall be removed from said
premises within 10 days from receipt of a written order to do so from
the Zoning Official.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
Subject to the size limitation hereinafter provided, permits
shall not be required for signs of the following nature:
a.
Non-illuminated directional signs identifying parking areas, loading
zones, entrances, exits, and similar locations. The signs may include
a business name or professional name but shall not include any advertising
message and shall not exceed three square feet in area.
b.
Temporary and permanent traffic signs and signals installed by the
Township, County, or State Governments for the purpose of directing
and regulating the flow of traffic.
c.
Historical tablets, cornerstones, memorial plaques and emblems which
do not exceed six square feet in area and which are installed by Government
agencies or civic or religious organizations.
d.
Warning and no-trespassing signs, not exceeding three square feet
in total area.
e.
Name and number plates identifying residences and affixed to a house,
apartment or mailbox.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 4-12-2022 by Ord. No. 3644]
All signs not specifically listed as permitted signs are prohibited.
Prohibited signs include but are not limited to the following:
a.
Advertising signs.
b.
Flashing or moving signs, and signs and lighting giving the illusion
of movement, excluding time-and-temperature signs.
c.
Banners.
d.
Internally illuminated box signs and internally illuminated channel
letters, except that channel letters up to 16 inches in height that
are illuminated with a diffused light source shall be permitted.
e.
Moon tubing.
f.
Neon framing, paper or fabric framing, tubing and bare-bulb illumination.
This does not include neon wall-mounted signs containing the name
of the business and/or the business logo.
g.
Signs erected upon a roof.
h.
Pennants and banners, except as permitted within a Township approved
decorative streetscape program.
i.
Any sign in the public right-of-way, except for conforming blade
signs and awnings
j.
Any sign using exposed light-emitting diodes (LEDs), other than price
signs associated with gasoline service stations.
k.
Any electronic display signs, as a monument, on a building or structure.
l.
Signs affixed to trees, fences or utility poles.
m.
Signs that are an imitation of an official traffic sign or signal
or contains the words "stop," "go slow," "caution," "danger," "warning,"
or similar words.
n.
Use of flood lights for illumination of signs where such floodlights
create interference with motor vehicle traffic visibility.
o.
Contain or consist of poster, ribbons, streamers, strings of light
bulbs, spinners, balloons, kites or other similarly moving devices.
p.
Signs containing more than two display faces.
q.
A sign on a motor vehicle, trailer, whether or not operational and
whether or not self-propelled which is used or parked or designated
to be parked for advertising purposes.
r.
Signs affixed to the building above the first floor except where
specifically permitted by this ordinance.
s.
Free Standing Pylon Signs, except of use in gas stations and retail
shopping centers.
t.
Signs containing profanity.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598]
a.
Pre-existing Exemption. Any legally erected sign or sign structure
which is non-conforming at the time of enactment of this chapter may
be continued in use, maintained or structurally improved, but not
enlarged subject to all provisions of the chapter.
1.
Sunset Clause.
(a)
After June 1, 2021: Any change in principal occupant, use or
tenant triggering a new sign or sign face will require the sign to
be up-dated or re-located to conform to the sign standards contained
within this Chapter. If variances from the sign standards are sought,
they shall be adjudicated by the Planning Board or Zoning Board of
Adjustment as authorized within N.J.S.A. 40:55D et al.
(b)
Before June 1, 2021: Any change in principal occupant, use or
tenant triggering a new sign or sign face may be permitted to maintain
the existing sign and/or location with review and approval from the
Site Plan Subcommittee.
b.
Maintenance.
1.
Non-conforming signs or sign structures not maintained or not utilized, that is not containing messages as defined in § 23-5, Definitions, of this chapter, for a period of 60 days shall be considered abandoned and shall be removed from the premises.
2.
Upon failure to comply, the Zoning Official is hereby authorized
to cause removal of such sign, and any expense incident thereto shall
be leveled as a fine against the person, organization, business or
if leased premises the owner of the premises, displaying or identified
in such sign.
c.
Location and Measurement.
1.
No sign shall be located in the Clear Sight-Triangle.
2.
Except where otherwise provided, no freestanding sign or any part
thereof shall be located closer than 18 feet to any lot line.
3.
All height limitations shall be measured from the ground level above
which it is located to the highest part of the sign or its supporting
structure, whichever is higher.
4.
Signs shall not extend above the height of the vertical wall to which
they are attached.
5.
Signs shall not be attached to a cornice nor shall they interfere
with facade composition of a building or cause the decorative detail
of the facade to be removed or covered.
6.
For signs with two display faces, the maximum sign area requirements
shall be permitted on each face.
7.
Signs containing only lettering and/or logo shall be measured by
calculating the largest rectangular dimensions around the letters
and logo. When there is a background to the sign message, either of
solid color or design, the sign shall be measure from calculating
the largest rectangular dimensions around the background and outer
most edge of the sign design whether the background is projecting
or flush with the building surface.
8.
Identification signs and logos visible through windows surface shall
be measured by calculating the dimensions of the outer frame of the
window and its frame.
d.
Temporary Sign Removal.
1.
Construction signs used as accessory to new construction or alteration
on the premises are permitted only after a construction permit for
said construction and sign has been issued and must be removed within
30 days of the completion of the alteration or renovation.
2.
Commercial Real Estate signs shall be removed within seven days after
the consummation of lease, rent, or sale transaction.
3.
Banners are permitted for business openings and shall be removed
after seven days.
4.
Any sign, now or hereafter erected or maintained, which does not
represent a bona fide active business; notice of near future event;
product sold; social event; political event or endorsement or business
(yard or garage sale, flea market) event shall be removed within seven
days after product sale conditions are no longer valid or event occurs,
for a business, 30 days after such business ceases.
5.
Upon failure to comply, the Zoning Official is hereby authorized
to cause removal of such sign, and any expense incident thereto shall
be leveled as a fine against the person, organization, business or
if leased premises the owner of the premises, displaying or identified
in such sign.
e.
Sign Illumination.
1.
All permitted exterior signs may be illuminated only by an external
light source, unless otherwise provided herein. The following requirements
shall apply:
2.
Internally illuminated signs of any kind, whether freestanding or
wall-mounted, shall be prohibited unless specifically permitted herein.
The foregoing shall not be construed to prohibit "halo" signs utilizing
a hidden light source which illuminates only the wall or other background
to the sign message but not the face of the sign message.
3.
The light source of illuminated signs shall be shielded so that the
light source shall not be visible.
4.
No illuminated sign shall be of such a color or located in such a
manner as to be confused with or to diminish or detract in any way
from the effectiveness of any traffic signal or similar official safety
or warning device.
5.
No sign illumination or other illumination shall be used or designed
for use as an attraction device in itself, but shall be used and designed
for use solely to illuminate the sign to which it is accessory. The
foregoing shall be construed to prohibit light bulbs, singly or in
combination, used as an attraction device; strobe lights; black (i.e.,
ultraviolet) lights; string lights; flashing or moving lights of any
kind; and similar uses of illumination as attraction devices.
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord.
No. 3598; 4-12-2022 by Ord. No. 3644]
The following sign restrictions shall apply to specific uses:
a.
Residential Uses. Residential multi-family buildings with more than
25 dwelling units shall be permitted one externally illuminated sign
or one halo illuminated identification sign no greater than 20 square
feet in size. It may be attached to the first floor of the building,
or on or above the building entry canopy. Letters shall be of metal
or wood and shall be no taller than 1.5 feet in height.
b.
Retail Sales and/or Service uses, Banks, Restaurants, bar, brewpub,
brewery, Health Clubs, and other similar uses not specifically listed
herein. Each such use fronting on a public street may be permitted
one exterior wall sign per street frontage. Each sign shall not exceed
10% of area of the storefront (ground floor) to which it is attached.
Each sign may be internally illuminated or externally illuminated.
Two additional signs from the commercial facade category below shall
be permitted for this use category:
Commercial Facade Category options:
c.
Theater Marquee. Theaters may have an internally illuminated marquee
not to exceed 200 square feet.
d.
Office, Research, Industrial. No sign on any structure shall exceed
50 square feet. Total exterior sign area shall not exceed the equivalent
of 5% of the first story portion of the wall to which it is attached.
One use shall be permitted no more than one sign for each street frontage.
Buildings with multiple uses shall have not more than one sign per
use and the aggregate area of all signs does not exceed the maximum
area permitted for each street frontage.
In addition, one free-standing monument sign shall be permitted
around the base of the building, giving address, building name, owner
and/or major tenants, which shall not exceed 50 square feet. All signs
shall be externally illuminated or halo type.
e.
Parking Garage. One freestanding or attached sign per parking entrance
may be permitted indicating the parking facility by the international
parking symbol and a directional arrow. Said sign shall not to exceed
eight square feet. In addition, one freestanding or attached sign
per parking entrance may be permitted inside the garage entry indicating
parking rates, not to exceed eight square feet. Said signs shall be
located within 10 feet of the entrance. Internal illumination is permitted.
f.
Hotel. Permitted the same signage as Office Use except that in addition,
one halo illuminated sign not exceeding 50 square feet shall be permitted
to be placed on the building facade at the top of the uppermost story
of the building.
g.
Awning.
1.
Non-Waterfall type fabric awnings, congaing no sign, logo or message
are permitted in any zone. They may be static or retractable.
2.
In non-residential or mixed use zones, awnings are permitted to contain
a logo of the principal business of the storefront within. The maximum
logo area shall not exceed 25%.
3.
A minimum of eight feet of clearance shall be provided along any
right-of-way or pedestrian walkway. The awning shall not project more
than five feet into the R-O-W.
4.
Awnings may be externally illuminated from above but not illuminated
from a source under the awning.
h.
Civic, Directory, Fraternal, Social Organization. A maximum of one
sign per premises. A maximum of 12 square feet of total sign area
is permitted per property, to be externally illuminated or halo type.
i.
Contractor. A maximum of one sign per premises that is non-illuminated.
It may not be placed closer than five feet from any lot line. A maximum
of 16 square feet of total sign area is permitted per property.
j.
Directional. Non-illuminated signs indicating traffic flow patterns
and directions are permitted in all commercial zones only if found
necessary by the Planning Board. A maximum of three square feet of
total sign area per sign is permitted.
k.
Monument. Permitted within the BB-2 Zone. They are subject to the
following conditions: A maximum of one per premises.
1.
Located no closer than 18 feet to a street line. A maximum of five
feet in height is permitted. A maximum of 75 square feet of total
sign area per side.
2.
For vehicle service stations, the maximum height is 15 feet. It shall
not be located closer than five feet from any property line. A maximum
of 150 square feet of total sign area per side. Internal illumination
is permitted.
l.
Ghost Signs. Fading ads or ads greater than 20 years old painted
on buildings may be permitted and encouraged to remain. They may be
restored and refreshed as a nostalgic addition to the district. They
shall not count toward the permitted sign are of a building. They
may be externally illuminated.
m.
Nameplate.
1.
A maximum of One Per Dwelling. It must be non-illuminated. A maximum
of one square foot in total sign area per property.
2.
For private schools and clubs, there shall be a maximum of one per
premises. It must be non-illuminated or halo type. A maximum of nine
square feet in total sign area per property.
o.
Portable Sandwich Signs. A total of one sign per premises in any
non-R Zone. The display may occupy two sides not to exceed six square
feet in total sign area per side. It shall be non-plastic, non-illuminated
decorative material of either metal, wood or chalkboard and removed
at the end of each business day.
p.
Real Estate (Commercial). A total of one sign per premises in any
non-R Zone. It must be displayed in a window, mounted to a building,
wall or free standing. A maximum of 12 square feet in total sign area
per property and non-illuminated.
q.
Vintage Signage. Any type of signage of an iconic shop, store or
business of Belleville shall be permitted to remain and be refurbished
to maintain the original message. It shall not be counted toward permitted
sign area for the proposed use. Replication of the original illumination
is permitted.
r.
Window Sign. Windows shall not be blocked by any paper or posters
or other sign material. Stenciling and decals shall be permitted to
be affixed directly on the window, not to exceed 25% of window area.
Signs interior to the building that are visible through the window
shall be counted toward the maximum permitted wall sign area and are
not encouraged.
s.
Free Standing, Pylon. One two sided sign Permitted for Gas Stations
and Shopping Centers only. They shall be a maximum of 15 feet in height
a measured grade to the top of the sign and a maximum of 50 square
feet in area. They may be internally illuminated. They shall be prohibited
except for utilization by gas stations and retail shopping centers.
(Editor's Note: Sections a. through r. - non-substantive lettering
formatted for clarity)
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 7-9-2019 by Ord. No. 3537]
For any lot on which the owner proposes multiple tenant spaces
and seeks to erect one or more signs requiring a permit, the owner
may submit to the Zoning Official a master signage plan that provides
permitted signage options for the tenants and would eliminate the
need for each tenant to receive individual permits. The Master Signage
plan shall contain the following:
a.
For wall or building signage, provide scaled storefront elevations
of the facades that the signage will be located at a scale no less
than one inch to 30 feet.
b.
For freestanding signage, provide a site plan with sign location.
c.
Include detail of sign material, illumination, measurement and attachment
for review.
d.
List any variances being requested and provide a computation of the
maximum total sign area, the maximum area for individual signs, the
height of signs and the number of free standing signs permitted and
proposed on the lot(s) included in the plan under this ordinance;
and
The Master signage plan may include various combinations of
permitted signage options, such as a storefront sign band with awning
containing logo and window etching, or a storefront sign band with
a blade sign and window decal.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598]
The color of building walls shall be within the white-to-russet
quadrant of the color wheel. They shall be neutral, muted or pastel
colors such as; cream, beige, tan, gray, ochre, and brown. Bright
and metallic colors are prohibited except when used as an accent for
trim or fenestration.
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495]
a.
A detached accessory building in R Districts or on a lot adjoining
an R District may occupy the area of any rear yard, unless otherwise
specified, and shall not be located nearer than one foot to any side
or rear lot line.
b.
No detached accessory building in an R District or on any lot adjoining
an R District shall be located:
1.
Within 50 feet of a front lot line of the lot.
2.
Within one foot of a rear lot line that abuts a side lot line of
a contiguous lot; proper precautions must be taken to keep area behind
the structure free of debris.
3.
Nearer to the side street line or a corner lot than the main building
on the lot or, if an abutting lot, equal to the depth of the front
yard required on said abutting lot to the rear, provided however,
in no case shall a garage on the corner lot and facing the side street
be required to set back more than 25 feet.
c.
No detached accessory building shall be located nearer than 10 feet
to a main building.
d.
An attached accessory structure shall be considered to be a part
of the main building and the total ground floor and elevation of the
combined structure shall be subject to all regulations governing the
main building except for decks and patios for one- and two-family
dwellings. Decks and patios shall be setback a minimum of two feet
from the property line.
e.
No accessory building shall be constructed or erected on a lot which
does not contain a principal or main building.
f.
No accessory building shall have a ground floor gross area larger
than the ground floor gross area of the principal or main building.
g.
A detached accessory building with a use as a private garage in the
RA-1, RA-2, R-C, R-SL, or PRD Districts will have a maximum height
of 14 feet.
h.
A detached two car garage on lots greater than 7,500 square feet
in the R-B and R-C districts are permitted a second story with a maximum
height of 24 feet.
[Ord. No. 3134]
A structure not to exceed 10 feet in height, nor 150 square
feet in gross floor area (also see ACCESSORY BUILDING).
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
a.
No multi-family residence, duplex or triplex or Townhouse dwelling
development structure shall exceed a measurement of 120 feet in its
longest direction.
b.
In Planned Residential Developments, multi-family residence or town
house dwelling development structure shall not exceed a measurement
of 160 feet in its longest direction.
c.
Required setback along street frontages shall be maintained as open
space and shall not be used for service of any kind such as vehicle
parking, clothes drying or storage.
d.
No incinerators shall be permitted. Refuse areas containing dumpsters
or compactors shall be provided within buildings with adequate loading
access for trash pick-up.
e.
All public utility facilities including but not limited to electrical
and telephone wires, sewers and sewer connections, and gas and water
lines shall be installed beneath the surface of the ground and or
interior to the building. Remote readers shall be utilized.
f.
Basements may be used for the location of utilities, storage, recreation rooms or garage. Basements may be used as a dwelling unit in accordance with § 23-8.1 Three Family Dwellings.
g.
No dwelling unit or any part of thereof may be used for profession
or business office space by the occupant or any other person or persons.
h.
For multi-family buildings within the PRD District, useable outdoor
open space for outdoor play areas and for outdoor recreation shall
be provided in the amount of 800 square feet per structure. Such required
recreation space shall not be less than 25 feet in its shortest dimension
and shall not be located in the required setback area, nor within
10 feet of the side and rear property lines.
i.
The following accessory buildings and structures shall be permitted:
recreational purposes and meeting rooms which shall be designed and
used exclusively to serve the occupants; garages; and swimming pools
and other recreational facilities provided that all such buildings
and structures shall comply with the setback requirements of this
sub- section.
j.
Structures shall be designed to discourage the appearance of a barracks
through the use of one or more of the following: staggered setbacks,
variety of facade treatment, differing heights, and variety of roof
treatments or the equivalent.
k.
All applicable provisions of the New Jersey barrier free regulations
shall apply.
l.
These units are prohibited in areas designated as within the 100
year flood plain.
[Ord. No. 3134; Ord. No. 3182; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
a.
In any zone the finished side of any fence shall face the adjacent
properties and/or the street line.
b.
In any zone fences are required to be located on the property line.
c.
Hedges and shrubs used as screening along property lines instead
of fencing shall be permitted in accordance with height regulations
herein specified for open fences in the respective zones in which
they are situated, unless otherwise regulated herein.
d.
Fences shall be erected in a manner so as to permit the flow of natural
drainage and shall not cause surface water to be blocked or dammed
to create ponding.
e.
No fence shall be erected without a building permit.
f.
Fences in the R-A1, R-A2, R-B, R-C and SLR Zones:
1.
In any residential zone, no fence shall be erected of barbed wire,
topped with metal spikes, or constructed of any material or in manner
which may be dangerous to persons or animals.
2.
The height of a fence shall be measured from the ground immediately
adjacent to it and shall include all attachments thereto, and be constructed
following the contour of the land.
3.
No stockade or other such opaque fence shall be permitted in the
front yard.
4.
The following fences are permitted:
(a)
A fence erected in the side yard area or on the side lot line
shall be not exceed six feet in height from the front of the building
line to the rear yard, and shall not exceed four feet in height from
the front of the building into the front yard.
(b)
A fence erected along the rear property line shall not exceed
six feet in height.
(c)
Only open type fencing such as chain link or other non-opaque
fencing shall be permitted within the front yard, including the area
along the side property line and extending from the front of the building
line into the front yard. In the case of corner lots, where the rear
lot line abutting the side lot line of adjacent lots, the same standard
shall apply for the area extending from the front of the building
into the front yard.
(d)
Any style fencing shall be permitted along the side and rear
property lines of standard lots. On Corner lots any style fencing
shall be permitted on the side lot lines from the building face back.
5.
Fences enclosing a private swimming pool shall comply with the applicable
provisions of the Township Code and shall be capable of being securely
fastened and locked by the owner.
6.
On a lot where a dwelling is situated with a side or rear property
line that is adjacent to a non-residential use or zone, a decorative
screen fence may be erected along the adjacent non-residential property.
It shall not exceed eight feet in height provided it does not extend
beyond the front of the principal building or into the front yard.
g.
Fences in All Non-R Zones: Fences in the front yard along a public
right-of-way shall not exceed six feet in height and shall be of an
open design and decorative type, such as tubular metal with masonry
piers or tubular metal with a three to five foot high hedge.
h.
Fence Repair and Maintenance.
1.
Typical repair and maintenance of fencing to keep it from deteriorating
is permitted and required in order to maintain erect and unbroken
fencing.
2.
Existing fences with replacement or repair of more than 25% of the
portion of the structure needing repair shall be required to comply
with the current fence standards of the district in terms of location,
type and height.
[Ord. No. 3134]
a.
In the case of a corner lot where the rear property lines becomes
the side yard of the adjoining lot, the rear yard fence shall be open
and shall be limited to a height of four feet.
b.
A fence erected in a side yard area shall be of the open type. It
shall not exceed four feet in height.
c.
A fence that abuts a property line with street frontage shall have
a minimum setback of 10 feet from the curb line. In no case shall
the fence be located within the right-of-way.
 |
[Ord. No. 3134]
[Ord. No. 3134]
A structure not to exceed 10 feet in height, nor 150 square
feet in gross floor area is permitted.
[Ord. No. 3134]
a.
An exterior lighting for the illumination of outdoor facilities such
as driveways, parking areas and similar areas or for security purposes
shall be so arranged or shielded as to reflect the light downwards
to minimize direct illumination of adjoining property.
b.
Exterior operational hours in R Zones, for said lighting, shall be
prohibited between the hours of 10:00 p.m. and 7:00 a.m. the next
day, local time, except on Friday, Saturday or Sunday, such lighting
shall be prohibited from the hours of 11:00 p.m. to 7:00 a.m. the
next day, local time.
c.
Lighting fixture(s) located in residential zones shall not exceed
10 feet in height above the ground level on which they are mounted.
d.
Temporary lighting in R Zones, such as light fixtures controlled
by "Motion Detectors" or other type intrusion monitors are exempt
from the prohibited hours of operation.
e.
No string lighting shall be permitted to illuminate or advertise
any business use, except seasonal decorative string lighting. If used,
seasonal string lighting shall be installed and arranged and the electric
lighting so shaded as not to present a glare or hazard to vehicular
traffic on the public highways or a nuisance to adjacent or surrounding
properties.
[Ord. No. 3134]
[Ord. No. 3134; amended 7-9-2019 by Ord. No. 3537]
Sheds may not be located in the required front yard of any building
or structure. A structure not exceeding 10 feet in height, nor 150
square feet in gross floor area is permitted. All sheds must be setback
a minimum of one foot from any side or rear lot line, vegetative growth
between the shed and the property line fence shall not exceed 18 inches
in height.
[Ord. No. 3134]
a.
No use shall be established, maintained or conducted in any District
so that the same will cause any of the following:
1.
Dissemination of smoke, fumes, gas, dust, fly ash or any other atmospheric
pollutant.
2.
Vibration beyond the boundaries of the lot on which such is conducted.
3.
Odors noticeable at the lot line or beyond.
4.
Direct or reflected glare of external lighting visible at the lot
line.
5.
Physical hazard by reason of fire, explosion, radiation or similar
cause to the property in the same or adjacent District.
b.
Any use established in any District shall meet all requirements of
the New Jersey Air Pollution Control Code, as amended and augmented
by regulations now in effect or hereafter adopted; the New Jersey
Noise Control Act of 1971, as amended and augmented by regulations
now in effect or hereafter adopted; the New Jersey Water Pollution
Control Act of 1977, as amended and augmented by regulations now in
effect or hereafter adopted and all other applicable state and federal
environmental control legislation.
c.
Enforcement of Performance Standards. Satisfactory evidence shall
be presented to the Zoning Official that the proposed use shall conform
to the Performance Standards above. The Zoning Official may obtain
expert advice, at the expense of the applicant, regarding Performance
Standards.
d.
Revocation of a Building Permit and/or Certificate of Occupancy.
In the event of failure to comply with any provisions of the chapter,
and any Performance Standard as stated herein, the Construction Code
Official or Zoning Official shall revoke the building permit or Certificate
of Occupancy or take such other steps and may be lawful to enforce
such provisions.
[Ord. No. 3134]
a.
When more than 75% of the street frontage between intersecting streets
is developed, the minimum requirements for a one family dwelling shall
equal to the average of all existing residential lots between intersecting
streets on the same side of the street calculated to the nearest square
feet or foot. The applicant must provide an accurate map and calculations
to the Construction Code Official at the time of an application being
submitted.
[Ord. No. 3134]
The required lot width and area regulations for the construction
of a one family dwelling shall not apply to any lot having less than
the required area, width or depth at the time of the adoption of this
chapter or any amendments thereto increasing the area, width or depth
requirements for such lot, and held at the time in separate ownership
from that of adjoining land, provided that the area, width and depth
of such existing lot shall be no less than 80% of the required minimum.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
a.
Penthouses, stage towers, scenery lifts, elevators, bulkheads, clock
towers, cupolas, water tanks, and similar structures and mechanical
appurtenances may be erected on a building to a height greater than
the limit for the district in which the building is located; provided,
that no such exception shall cover at any level more than 25% of the
area of the roof on which it is located; provided further, that no
such exception shall be used for sleeping or housekeeping purposes
or for any commercial purpose other than such as may be incidental
to the permitted use of the main building.
b.
A parapet wall or cornice solely for ornamental purposes may exceed
the height limit established for the district but shall not exceed
three feet.
c.
The height limitations of this chapter shall not apply to chimneys,
church spires, belfries, standpipes, water towers, flag poles, monuments,
transmission towers or cables, or radio or television antennas or
towers, ornamental towers, unless specifically identified herein.
[Ord. No. 3134]
The following extensions into the front or rear yard are permitted:
[Ord. No. 3134]
a.
The same provisions shall apply as for extensions into required front
and rear yards, except that no porch, terrace or outside stairway
shall project more than four feet into any required side setback and
an outside stairway may extend into any required side yard only if
same is unroofed and unenclosed above and below the steps thereof.
b.
Fire escapes, which are not stairways, shall end at least eight feet
above the ground with a device for lowering in case of emergency.
[Ord. No. 3134; Ord. No. 3182]
No loading, crating, outdoor displays or sales on sidewalks
or between the curb and the property is permitted in any district,
except for special sale days for which a permit must be granted by
the governing body. Outdoor storage is permitted for the purpose of
moving merchandise into the business. At all times, however, there
shall be maintained a minimum of four feet of walkway for pedestrian
access. Merchandise shall be maintained behind a barrier approved
by the Construction Official/Zoning Official or Town Engineer. Merchandise
shall not be stored in a walkway in excess of four continuous hours.
A special permit granted by the Governing Body on an annual basis
must be obtained prior to the occurrence of any outdoor storage. As
a condition precedent for such special permit, the owner/lessee or
proprietor must show proof of insurance designating the Township of
Belleville as an additional names insured. Said permit shall be revocable
by the Township of Belleville at any time for violation of the four
continuous hour display of merchandise provision herein and/or for
violation of the four feet pedestrian access requirement of this section.
It shall be the duty of the proprietor or lessee of every such place
to keep the sidewalks and pedestrian passageways free and clear from
obstructions and it shall be the duty of the police to aid in the
enforcement of the provisions of this section. The special permit
granted by the Governing Body may be suspended or revoked after notice
and hearing for cause by the Construction Code Official. When such
permit is suspended, it shall not be reissued for a period of up to
six months. A person or entity who violates this provision may be
fined, upon conviction therefore in an amount not to exceed $1,250,
and imprisonment for a term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
[Ord. No. 3134]
No cemetery may utilize any property within 20 feet of a street
right-of-way line for burial purposes. Cemeteries shall provide and
maintain screen plantings composed of hedge and shrubbery along public
streets.
[Ord. No. 3134; Ord. No. 3182; amended 6-9-2020 by Ord. No. 3578; 10-13-2020 by Ord. No. 3598]
a.
Permanent, Portable. Swimming pools and play equipment, and any associated
structures (deck, swing set, etc.) as accessory uses, shall not be
located:
1.
Within 50 feet of a front lot line of the lot.
2.
Within six feet of a main structure, and within three feet of a garage,
shed or cabana on the lot in which the pool is located, or within
six feet of any permanent structure(s) of an adjacent lot.
3.
Within three feet of the side yard property line and three feet of
the rear yard property line, and not beyond the front of the building
line on a corner lot. Additionally, a fence shall be installed in
accordance with applicable building codes.
4.
Beyond the front of the building lines on a corner lot. Additionally,
a fence shall be installed in accordance with applicable building
codes.
5.
Within three feet of a rear or side lot line of an interior lot if
no other conditions are more restrictive.
6.
Within three feet of a side lot line of a corner lot if no other
conditions are more restrictive.
b.
A building permit for the installation of permanent swimming pools
and associated accessory structures is required and shall include
the submission of three sets of plans and specifications or proper
descriptive brochures, together with a site plan, drawn to scale,
showing the entire lot upon which the swimming pool is proposed to
be constructed, including elevations, and shall show the location
or any overhead electrical conductors in the pool area. Plans shall
also include information sufficient to indicate the means for water
disposal and maintain the pool in a generally sanitary condition.
c.
A building permit for the installation of portable swimming pools
is required and shall include the submission of a concept plan showing
the proposed pool location in the rear yard area and any existing
accessory structures and environmental features within this area.
d.
All pumps, heaters and filtration systems shall be at least three
feet from any property line.
e.
All electrical wiring for lights and power in connection with swimming
pools shall be installed in strict accordance with the requirements
of the National Electrical Code.
f.
The swimming pools shall comply with BOCA and all other applicable
codes.
[Ord. No. 3134]
a.
Retaining walls shall be designed to resist the pressure of the retained
material including both dead and live load surcharges to which they
may be subjected and to insure stability against overturning, sliding,
excessive foundation pressure and water uplift.
b.
When such walls are designed by a licensed architect, or licensed
engineer these requirements may be modified subject to the approval
of the Construction Code Official and Engineering Department.
c.
A construction permit is required showing plot plan, exact location
of walls, elevation and plan of proposed walls.
d.
Whenever necessary to insure safety to the public using a public
street or highway, a retaining wall is required.
[Ord. No. 3134]
Any main wall of a building to be erected in a non-R Zone abutting
an R Zone shall not be closer than 50 feet from any lot line in an
R-Zone where said lot is used exclusively for residential purposes.
Any wall or other permanent object in the ground or affixed
to a building must have structural supports if the height exceeds
four feet, or as determined by the Construction Code Official.
[Ord. No. 3134]
On every lot adjoining an R District on which a use permitted
in a business, office-research or industrial district, but not in
an R District is hereafter established or is hereafter enlarged to
occupy a substantial area of the lot. A fence or wall shall be erected
or trees and shrubs planted in such a location and of such nature
as to screen such use at all seasons of the year from observation
at normal ground level in such R District.
[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]
Garden statuary and monuments in all residential zones must
be setback a minimum of 15 feet from the street line.
[Added 7-9-2019 by Ord.
No. 3537]
A summer kitchen is permitted in all one- or two-family dwellings
provided that:
[Added 7-9-2019 by Ord.
No. 3537]
The following building standards are applicable to all new construction
and rehabilitation in all Zones and special districts.
a.
All structures within the Township shall be situated with proper
consideration of their relationship to other buildings, both existing
and in terms of light, air and usable open space, access to public
rights of way and off-street parking, height and bulk. Buildings shall
be designed to be attractive from all vantage points, with each street
facade being of equal importance.
b.
Buildings shall be oriented toward the street so as to contribute
to the overall liveliness of the pedestrian environment, particularly
where building lots front on multiple streets. On street frontages
where commercial uses are provided, at least 70% of the frontage shall
be dedicated to commercial uses and/or pedestrian access areas such
as retail sales of goods and services, restaurants, building entrances
and lobbies; which shall have direct access from the sidewalk area.
Main-building entries shall be prominent and easily identifiable,
and shall not occur simply as voids within or between buildings. Canopies
may be provided at main entrances and must be constructed of materials
similar to or compatible with the overall building design.
c.
The base of all buildings shall meet the pedestrian level in a human
scale and manner. The height of the base must relate to other buildings
on the street as well as existing period neighborhood architecture
and design, and it must be proportional with the building's overall
height.
d.
Tops of buildings shall be designed to create architectural interest
through the use of a cornice element, or special roof feature.
e.
The windows and glazing of a building are a major element of style
that gives character to the building. Windows and glazing on ground
floor commercial uses should be broad and expansive providing views
into the store and display areas. At least 75% of the storefront facade
shall be glass. If security gates are used on any part of the building
or window, they shall be installed on the interior side of the window,
within the building, hidden from view when closed, and be of the open
grate style. Similarly, windows and doors into residential lobby areas
should be broad and expansive allowing views to and from the adjoining
streets.
f.
All mechanical equipment, generators, HVAC equipment and similar
equipment shall be acoustically buffered such that any noise generated
by the equipment shall be within the applicable standards as defined
by the State of New Jersey.
g.
All mechanical equipment shall be screened from view, both from the
street and existing neighboring buildings. Said screening shall be
constructed in a manner that is consistent with the architecture of
the building, and shall utilize the same materials used in the construction
of the building, such that the screening appears to be an integral
part of the building. The screening shall not impair the functioning
of the equipment. Interior locations must be utilized where mechanically
possible.
h.
Wherever possible, ventilation equipment required for commercial
uses shall be vented through the roof of the building and within the
building, especially in new construction. All such equipment ventilated
through the roof shall be screened. The necessary incorporation of
ventilation grillwork within the storefront facade system shall be
limited to no more than 15% of the possible glazing area. Such grillwork
shall be architecturally incorporated within the storefront design
so as to compliment and add to the overall aesthetic effect of the
commercial facade. Exposed ventilation pipes and risers are prohibited.
i.
Sidewalk areas must be provided along the street rights of way and
shall be properly sized for the safe and convenient movement of pedestrians
through and around the neighborhood.
j.
Sidewalk areas shall be attractively landscaped and durably paved
in conformance with Municipal standards and shall be provided with
adequate lighting.
k.
Street trees shall be planted along all curb lines of streets at
a maximum of 35 feet on center. Each tree pit shall contain a decorative
metal grate and/or decorative tree pit treatment. Tree species shall
be selected which will achieve a mature height of 50 feet or above
and a medium spread. Fast growing trees tend to be weak wooded and
inappropriate for street planting. Therefore trees shall be selected
that have a medium growth rate. The crown shape of the tree should
be selected to compliment the architecture and setting of the buildings.
l.
All utility distribution lines; utility service connections from
such lines shall be located underground whenever possible. All utility
appliances, regulators and metering devices shall be located underground
or within the building. No utility boxes or structure shall be permitted
in sidewalk areas or exterior to the building. Remote readers are
required for all utilities, in lieu of external location of the actual
metering devices.
m.
All trash dumpsters and/or compactors shall be located within the
buildings. All outdoor storage shall be prohibited.
n.
The building must display the street address of the building such
that it is clearly visible from the adjoining street right of way.
[Added 4-12-2022 by Ord.
No. 3644]
The purpose of this section is to incorporate green design strategies
into new and renovated buildings and site work, encourage the principals
of designing with nature by imposing minimal impact on the natural
environment and topography, and to improve on an existing development
site in a sustainable manner. It is important that the design considers
short term resiliency and long term sustainability solutions. This
is accomplished by using one or more of the sustainable strategies
identified below.
All development requiring Site Plan approval on sites of 10,000
square feet to one acre in size shall incorporate at least two of
the strategies listed below. Developments greater than one acre and
up to and including to five acres shall incorporate four of the strategies
listed below. Developments greater than five acres shall incorporate
at least six strategies. Any development within a redevelopment plan
area shall incorporate six strategies into each phase of the development.
a.
Low Impact Green Site Design features:
1.
Bio-swales.
2.
Rain gardens.
3.
Green roofs.
4.
Pervious pavements.
5.
Green walls.
6.
Indigenous Species - incorporating non-invasive species, low maintenance
landscaping.
7.
Regenerative design or habitat or wetlands restoration.
8.
Minimize heat islands effects through reduced paving, landscaping
or other methods.
9.
Does the site provide alternatives to single occupancy vehicles such
as van spaces, bike storage and changing facilities, and alternative
energy vehicle parking.
10.
Incorporate historic preservation of existing facilities.
11.
Incorporate public art and opportunities for civic events.
12.
Provide light pollution reduction and energy efficient site
lighting and controls.
[Added 4-12-2022 by Ord.
No. 3644]
The purpose of this section is to implement the green corridor
recommendations of the Master Plan. Any property developed along a
designate green corridor shall incorporate pedestrian wayfinding signage
and sidewalk improvements acknowledging its linkage to the corridor
as recommended by the Planning Board. For projects greater than three
acres, and where land is available a walking path and/or bike path
shall be incorporated into the project design for Planning Board review
in conjunction with site plan approval.
[Ord. No. 3134]
Copies of this chapter shall be distributed as follows:
[Ord. No. 3134]
a.
Amendments to this chapter shall be distributed as in § 23-19 in quantities as necessary. Amendments shall be distributed in such manner so as to readily permit insertion into the total chapter and removal of superseded portions.
b.
The Township Clerk's office shall be responsible for this distribution
as well as maintaining all copies of the chapter which are held on
hand in possession of the Township.
c.
Amendments to the zoning map shall be distributed in like manner
and shall bear the date of revision and the authenticating signatures
of the Township engineer and the Township Clerk.
d.
The Governing Body of the Township may from time to time, on its
own motion or on petition or other application, after public notice
and hearing in accordance with law, amend, supplement, or change the
regulations and districts herein established and adopt rules and regulations
for the purpose of interpreting and carrying the chapter into effect.
[Ord. No. 3134]
a.
When owners of more than 50% of the frontage within a Zone District
comprising not less than one block shall present to the Governing
Body a petition or other application, duly signed, requesting the
change, relocation or revision of said District or part thereof, the
Governing Body shall act upon said request within 60 days after the
filing of said petition or other application with the Township Clerk.
Said petition or application shall be accompanied by a map showing
an area for which the change of District is asked and all immediately
abutting property and uses thereof, and further, shall be accompanied
by a statement setting forth the grounds or reasons for the proposed
change.
b.
By a duly passed motion of the Governing Body that a proposed amendment
be adopted, which proposed amendment shall be referred to the Planning
Board; or
c.
By the adoption by the Planning Board of a resolution of intention
to recommend an amendment. The Governing Body shall act upon said
recommendation within 45 days after filing of said resolution with
the Township Clerk.
d.
All proposed amendments to the zoning ordinance or zoning map shall
be referred to the Planning Board by the Governing Body.
e.
All other proposed amendments to the General Ordinances of the Township
of Belleville which have an impact to the zoning ordinance or the
zoning map shall also be referred to the Planning Board by the Governing
Body.
f.
The Planning Board shall make and transmit to the Governing Body,
through the Office of the Township Clerk, within 35 days after referral,
a report including recommendations concerning the proposed zoning
amendment. The Governing Body shall review the report of the Planning
Board and shall approve, disapprove or change any recommendations
by a vote of a majority of its full authorized membership. If Planning
Board recommendations are disapproved or changed the reasons for not
following such recommendations shall be recorded in its minutes.
The proposed amendment shall be voted on within 60 days of the
Planning Board report. Failure of the Planning Board to transmit its
report within 35 days shall relieve the Governing Body from the requirements
of this section.
g.
A protest against any proposed amendment or revision of the zoning
ordinance or the zoning map may be filed with the Township Clerk,
signed by owners of 20% or more either of the area of the lots or
land included in such proposed change, or of the lots or land extending
200 feet in all directions there from inclusive of street space, whether
within or without the municipality.
Such amendment or revision shall not become effective following
the filing of such protest except by the approving vote of four members
of the Governing Body.
[Ord. No. 3134]
a.
The Zoning Official shall enforce the provisions of this chapter
and any supplements and amendments thereto, and the provisions of
all resolutions relating to this chapter.
b.
In its interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare.
[Ord. No. 3134]
Any person, firm or corporation violating any of the provisions of any part of this chapter or of any amendment thereof shall for each and every violation be subject to a fine in accordance with § 23-26.3c or imprisonment not to exceed 90 days, or both. Each and every day that such violations continue shall be considered a separate and specific violation of this chapter.
The imposition of one penalty for any violation of this chapter
shall not excuse the violation or permit it to continue, and each
day that violation conditions continue shall constitute a separate
offense.
a.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
b.
Upon becoming aware of any violation of any of the provisions of
this chapter, the Zoning Official shall serve written notice of such
violation on the person, firm, or corporation committing or permitting
the same, and if such violation has not ceased within such reasonable
time as the Zoning Official has specified a new certificate of occupancy
obtained as provided in this chapter, the Zoning Official shall institute
such action as may be necessary to terminate this violation.
[Ord. No. 3134]
If any section, sub-section, sentence clause, or phrase or provision
of this Ordinance is for any reason held by a Court of competent jurisdiction
to be invalid, such a decision shall not affect the validity of the
remaining portions of the Ordinance or any amendments thereof.
[Ord. No. 3134]
This chapter shall take effect upon final adoption, publication,
and distribution according to New Jersey State Law.
[Ord. No. 3192]
In residential zones, storage containers commonly known as "storage
pods," shall be permitted to be stores in any yard but shall not be
located any close to a side or rear lot line than a permitted accessory
building and shall be located on a durable maintenance free surface.
They shall be set back no less than 10 feet from the front line. A
permit for storage pod must be obtained from the Construction Department
pursuant to the conditions set forth hereunder. In the even the premises
upon which such storage pod shall be located is leased, the tenant
and property owner must make joint application for such permit.
a.
Pods shall be permitted to be stored on a residential lot as follows:
1.
General. Storage pods shall be permitted under this category for general storage use. A permit shall be obtained from the Construction Department and may be issued for a period of up to, but not to exceed, three months. Such pods shall be located in the driveway only, subject to the conditions set forth in § 23-26.1, above. No flammable, explosive, toxic chemical, or inherently dangerous material shall be stored in a Pod.
2.
The fee for a General Storage Pod shall be $150 for three months,
or any part thereof.
b.
Construction:
1.
A Construction Storage Pod may be obtained from the Construction
Department under a construction category. The permit for such storage
pod must be accompanied with a construction permit. In the event the
premises is leased, both the tenant and the property owner must make
a joint application for such permit. A construction storage pod permit
shall be issued for a period of three months or until the time a Certificate
of Occupancy is issued by the Township of Bellville, whichever is
shorter.
2.
In the discretion of the Construction Official, an additional extension
may be granted for a period of up to six months upon demonstration
to the Construction Official that an objectively reasonable hardship
exists, which hardship has resulted in a practical impossibility for
the completion of construction such as an act of God, or municipal
land use board pending application or approval. Extension shall not
be granted for disputes between the contractor and the owner. The
hardship extension period shall be $50 for such hardship.
3.
Construction storage pods shall be permitted on a residential lot
only during renovations and/or construction and must be removed as
a condition precedent to the issuance of a Certificate of Occupancy
from the Township of Belleville. A construction storage pod shall
be removed within two weeks of the issuance of the Temporary Certificate
of Occupancy. The two week time period shall commence from the date
of issuance of the Temporary Certificate of Occupancy. The homeowner
shall notify the Construction Department when the storage pod has
been removed. No flammable, explosive, toxic chemical, or inherently
dangerous material shall be stored in a pod.
[Ord. No. 3192]
Failure to comply with the provision of this section shall constitute
a nuisance, which may be abated by the Township pursuant to its statutory
authorization under N.J.S.A. 40:48-2.13 and N.J.S.A. 40:48-2.13a.
This shall be in addition to any penalty to be imposed under
this Chapter of the Municipal Code.
[Ord. No. 3192]
a.
The property owner or tenant, as outlined above, shall accomplish
such removal or compliance, as the case may be, within 10 days after
notice to remove or comply within such extended time period as may
be granted by the investigating Township Official. Such extended time
period shall be granted based on the substantive and exigent circumstances
present in each case. However, in no case shall the extended time
period exceed 30 calendar days beyond the date of the initial notice.
In addition, no such extension shall be granted except upon the written
request of the affected property owner or tenant stating, with specificity,
the reasons why such an extension is sought, the remedial steps proposed
by the property owner or tenant to eliminate the conditions identified
in the notice and date certain by which such remediation shall take
place.
b.
In the even such removal or compliance, as outlined above, is not
accomplished by the property owner or tenant to the satisfaction of
the investigating Township Zoning Official within 10 days of notice
or any extended time period granted, that Township Zoning Official,
in his discretion, shall issue a summons to such property owner or
tenant returnable before the Township Municipal Court for a violation
of this Ordinance. The Township Municipal Prosecutor and the investigating
Township Official shall prosecute the matter.
c.
Penalties. Any person who violates any provision of this Chapter
shall, upon conviction thereof in the Municipal Court, be punished
by a fine not less than $100 nor more than $1,000 or by imprisonment
for a term not exceeding 30 days for a first offense and not more
than 90 days for a second offense, or both, or by a period of community
service not exceeding 90 days. A separate offense deemed committed
for each day during or in which a violation occurs or continues.
[Ord. No. 3192]
If such removal or compliance does not occur because the owner or tenant has refused or neglected or otherwise determined not to remove or comply, despite the Notice of Violation warning set forth in Section A, the Township, itself, as an additional remedy, may seek to remove or obtain compliance by utilizing the procedures set forth in § 23-26.5.
[Ord. No. 3192]
a.
The Township may proceed to remediate the condition itself after
due process, as hereafter defined. It may authorize the investigating
Township Official to effect removal or compliance subject to the "due
process" procedure delineated herein.
b.
The property owner or tenant shall be entitled to a hearing before
the Township Council. Service, duly noticed, of this hearing shall
be made upon such owner, lessor or its agent by the Township. This
Service of Notice, provided to the owner, lessor, and adjacent property
owners/tenants or their authorized agent, shall state the remediation
action, which may be taken by the Township Council at that meeting.
c.
In the event of an inability to serve the owner, lessor or agent,
after reasonable effort, sufficient notice shall be deemed to have
given if such notice is posted on the premises in a conspicuous place.
d.
Within 14 days of receipt of this Service of Notice or any extension of the time granted hereto by the Township Council, a public hearing shall be held by the Township Council, at which time, after the presentation of evidence by the appropriate Township Official and the property owner/tenant, it may, if the evidence so warrants, adopt a resolution authorizing the remediation of the condition in accordance with § 23-26.6 herein below.
[Ord. No. 3192]
The Township Manager or Construction Official or Zoning Official
shall oversee and direct the removal and compliance with the Ordinance.
Such Township Official shall them certify the cost thereof to the
Township Council, which shall examine the certificate and, if found
correct, shall cause the cost as shown thereon to be charged against
said dwelling or lands.
The amount so charged shall forthwith become a lien upon such
dwelling or lands and shall be added to and become and form part of
the taxes next to be assessed and levied upon such dwelling or lands,
the same to bear interest at the same rate as taxes, and shall be
collected and enforced by the same officers and in the same manner
as taxes.
