City of Trenton, NJ: Uses

The following uses are specifically prohibited in the City:

Salvage yard/junkyard.

Self-storage facility.

Drive through facilities are prohibited as part of any use with the exception of financial institutions.

Vehicle tire storage is prohibited as part of any use. This does not include tires specifically ordered for a repair taking place on premises. Tiretems removed as part of a repair cannot be stored on-site and must be removed.

Vehicle tire sales are prohibited as part of any use.

Warehouse uses cannot warehouse/store tires, used vehicle parts, or used vehicles.

TABLE 8-1: USE MATRIX
P = Permitted Use; C = Conditional Use; T = Temporary Use
PRINCIPAL USE	RL-1	RL-2	RL-3	RM-1	RM-2	RH-1	RH-2	C-MS	C-CC	C-MX	MU-T	DT	R-MX	I-L	I-G	I-MU	TOD	INST	OS-R	USE STANDARD
Adult Use														C						§ 315-8.4.A
Alternative Correctional Facility																		P
Amusement Facility - Indoor								P	P	P	P	P	P			P	P
Amusement Facility - Outdoor										P	P		P			P
Animal Care Facility - With Outdoor Area									C	P	P					P				§ 315-8.4.B
Animal Care Facility - Fully Indoors					C	C	C	P	P	P	P	P	P			P	P			§ 315-8.4.B
Animal Shelter														P		C				§ 315-8.4.B
Art Gallery					P	P	P	P	P	P	P	P	P			P	P	P
Arts and Fitness Studio					P	P	P	P	P	P	P	P	P			P	P
Bed and Breakfast		P	P	P	P	P	P													§ 315-8.4.C
Body Modification Establishment								P	P	P	P	P	P			P	P
Broadcasting Facility - With Antennae														P	P	P		P
Broadcasting Facility - No Antennae									P	P	P	P	P	P		P		P
Cannabis: Class 1 - Cannabis Cultivators														C	C					See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Cannabis: Class 2 - Cannabis Manufacturers														C	C					See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Cannabis: Class 3 - Cannabis Wholesalers														C	C					See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Cannabis: Class 4 - Cannabis Distributors														C	C					See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Cannabis: Class 5 - Cannabis Dispensaries								C	C	C	C	C	C			C	C			See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Cannabis: Class 6 - Cannabis Delivery														C	C					See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Cannabis: Vertically Integrated Cannabis Facilities								C	C	C	C	C	C	C	C	C	C			See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Cannabis: Academic Medical Center/Vocational Training Facility								C	C	C	C	C	C	C	C	C	C	C		See Chapter 146, Licensing, Article IX, Cannabis Businesses, of the City Code
Car Wash														C		C				§ 315-8.4.D
Cemetery																			P
Children's Home																		P
Commercial Kitchen (Standalone)										P	P					P		P
Community Center					P	P	P	P	P	P	P	P	P			P	P	P	P
Community Garden	P	P	P	P	P	P	P	P	P	P	P	P	P			P	P	P	P	§ 315-8.4.E
Community Residence	P	P	P	P	P	P	P											P
Conservation Area																			P
Cultural Facility					P	P	P	P	P	P	P	P	P			P	P	P	P
Day Care Center					P	P	P	P	P	P	P	P	P	P	P	P	P			§ 315-8.4.F
Day Care Home	P	P	P	P	P	P	P	P	P	P	P	P	P			P	P			§ 315-8.4.F
Drug Treatment Clinic																		P
Dry Cleaner					P	P	P	P	P	P	P	P	P			P	P			§ 315-8.4.G
Dwelling - Above the Ground Floor					P	P	P	P	P	P	P	P	P			P	P
Dwelling - Multi-Family						P	P		P	P	P	P	P			P	P			§ 315-8.4.H
Dwelling - Rowhouse					P	P	P	P	P	P	P					P				§ 315-8.4.H
Dwelling - Single-Family	P	P	P	P	P	P	P													§ 315-8.4.I
Dwelling - Single-Family Attached				P	P	P	P													§ 315-8.4.I
Dwelling - Two-Family				P	P	P	P													§ 315-8.4.I
Eating and Drinking Establishment					P	P	P	P	P	P	P	P	P	P		P	P	P
Educational Facility - College/University												P	P	P		P	P	P
Educational Facility - Primary or Secondary	P	P	P	P	P	P	P									P		P
Educational Facility -Vocational									P	P	P	P	P	P		P	P
Financial Institution								P	P	P	P	P	P			P	P
Financial Service, Alternative										P	P									§ 315-8.4.J
Food Bank														P	P	P
Food Pantry					P	P	P	P	P	P			P		P	P
Food Truck Park									P	P	P	P	P		P	C	P			§ 315-8.4.K
Freight Terminal													P	P
Funeral Home									P	P	P					P
Gas Station									C					C		C				§ 315-8.4.L
Golf Course/Driving Range																			P
Halfway House																		P
Heavy Retail, Rental, and Service											P			P		P
Heliport																		P
Hospital																		P
Hotel								P	P	P	P	P	P			P	P			§ 315-8.4.M
Impound Lot															C					§ 315-8.4.N
Industrial - Artisan										P	P			P		P	P			§ 315-8.4.O
Industrial - General															P
Industrial - Light														P	P	P
Industrial Design								P	P	P	P	P	P	P		P	P
Live Entertainment - Secondary Use								P	P	P	P	P	P			P	P
Live Performance Venue								P	P	P	P	P	P			P	P
Live/Work				P	P	P	P	P	P	P	P	P	P			P	P			§ 315-8.4.P
Lodge/Meeting Hall		P	P	P	P	P	P	P	P	P	P	P	P			P		P		§ 315-8.4.Q
Medical/Dental Office/Clinic	C	C	C	C	C	P	P	P	P	P	P	P	P			P	P	P		§ 315-8.4.R
Micro-Production of Alcohol					C	C	C	P	P	P	P	P	P			P	P			§ 315-8.4.S
Movie Studio														P		P	P
Needle Exchange Facility																		P
Neighborhood Commercial Establishment	C	C	C	C																§ 315-8.4.T
Nightclub								C	C	C	C	C	C			C				§ 315-8.4.U
Office					P	P	P	P	P	P	P	P	P	P		P	P	P
Outdoor Storage Yard														P	P					§ 315-8.4.V
Park	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Parking Lot (Principal Use)									C	C	C			P	P	C				Article 10
Parking Structure (Principal Use)									P	P	P	C	C	P	P	P	C			Article 10
Passenger Terminal										P	P	P				P	P
Personal Service Establishment					P	P	P	P	P	P	P	P	P			P	P
Place of Worship	P	P	P	P	P	P	P	P	P	P	P	P	P			P		P
Private Recreation Club				C	C	C	C		C	C	P	C	C			P	C	P		§ 315-8.4.W
Private Social Club		P	P	P	P	P	P		P	P	P	P	P			P	P	P		§ 315-8.4.W
Public Safety Facility								P	P	P	P	P	P	P	P	P
Public Works Facility											P			P	P	P
Reception Facility									P	P	P	P	P			P	P			§ 315-8.3.X
Recycling Center															C					§ 315-8.4.Y
Research and Development										P	P	P	P	P	P	P	P	P
Residential Care Facility						P	P		C	C	C	C	C					P		§ 315-8.4.Z
Residential Addiction Treatment Facility																		P		§ 315-8.4.Z
Retail Goods Establishment					P	P	P	P	P	P	P	P	P	P		P	P
Retail Sales of Alcohol								P	P	P	P	P	P			P	P
Rooming House - Senior Citizen Owner Only	C	C	C	C	C	C	C													§ 315-8.4.AA
Shelter, Domestic Violence	P	P	P	P	P	P	P											P
Shelter, Homeless																		P
Single Room Occupancy									C	C	C	C	C			C	C	P		§ 315-8.4.BB
Social Service Center					P	P	P	P	P	P	P	P	P			P	P	P
Specialty Food Service					P	P	P	P	P	P	P	P	P			P	P
Vehicle Dealership											P			P
Vehicle Operation Facility														P	P
Vehicle Rental											P			P
Vehicle Repair/Service									C					C		C				§ 315-8.4.CC
Warehouse														C, P	C, P					§ 315-8.4.DD
Wholesale														P	P	P
Wind Energy System														P	P			P		§ 315-8.4.EE
Wireless Tele-communications	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	C, P	§ 315-8.4.FF

TABLE 8-1: USE MATRIX
P = Permitted Use; C = Conditional Use; T = Temporary Use
TEMPORARY USE	RL-1	RL-2	RL-3	RM-1	RM-2	RH-1	RH-2	C-MS	C-CC	C-MX	MU-T	DT	R-MX	I-L	I-G	I-MU	TOD	INST	OS-R	USE STANDARD
Farmers' Market	T	T	T	T	T	T	T	T	T	T	T	T	T			T	T	T	T	§ 315-8.5.B
Food Truck/Trailer								T	T	T	T	T	T	T		T	T	T	T	§ 315-8.5.C
Real Estate Project Sales Office/Model Unit	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	§ 315-8.5.D
Temporary Contractor Office and Contractor Yard	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	§ 315-8.5.E
Temporary Outdoor Entertainment	T	T	T	T	T	T	T	T	T	T	T	T	T			T	T	T	T	§ 315-8.5.F
Temporary Outdoor Sales	T	T	T	T	T	T	T	T	T	T	T	T	T			T	T	T	T	§ 315-8.5.G
Temporary Outdoor Storage Container	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	§ 315-8.5.H

§ 315-8.4 PRINCIPAL USE STANDARDS.

Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or conditional use, in addition to all other regulations of this Code. All conditional uses must meet the general standards for conditional uses in § 315-8.1.B.3, in addition to any specific standards in this section below.

Adult Use.

It is recognized that adult uses, because of their very nature, are recognized as having serious objectionable operational characteristics. It has been determined that strict control and regulation of these uses is required to ensure their operation is maintained in compliance with the law for the preservation of the public health, safety, and welfare of the people of Trenton and to prevent their contributing to the blighting and downgrading of the surrounding neighborhoods.

Adult uses cannot be located within 1,000 feet of the boundaries of the site of an existing adult use.

Adult uses cannot be located within 1,000 feet of a residential district, place of worship, educational facility - primary/secondary, educational facility, bus stop, public park, hospital, or day care center.

Every adult use must be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises on which the business is located.

An adult use is limited to one wall sign no more than 40 square feet in size.

The premises must be clearly posted from the outside that the premises is off limits to minors.

Animal Care Facility and Animal Shelter.

Animal care facilities and shelters must locate exterior exercise areas to the side or rear of the building.

Exterior exercise areas must provide covered areas over a minimum of 30% of the exterior area to provide shelter against sun/heat and weather. A fence a minimum of six feet and a maximum of eight feet in height is required for all exterior exercise areas.

Animal care facilities and shelters must locate all overnight boarding facilities indoors.

All animal quarters and exterior exercise areas must be kept in a clean, dry, and sanitary condition.

Bed and Breakfast.

A bed and breakfast must be operated in the principal building on the lot and not in accessory structures.

A bed and breakfast must be operated by an owner who also resides on the property.

The exterior of a bed and breakfast must maintain its original appearance as a single-family dwelling. No parking may be located in front of the front building facade.

Cooking equipment is prohibited in individual guestrooms. However, this does not include a mini-refrigerator, coffee maker, and/or a microwave, which are allowed.

No receptions, meetings, or other functions are allowed on the premises.

No retail sales are permitted with the exception of accessory retail of related items such as souvenirs, postcards, and snack items.

No bed and breakfast may operate a restaurant. Meals may only be served to registered guests and at private events.

One sign, either freestanding, window, or wall, is permitted. Such sign may not exceed six square feet in sign area. Freestanding signs are limited to five feet in height and must be a minimum of five feet from any lot line.

Car Wash.

When a car wash facility abuts a residential district or any open space use, a buffer is required:

Along the rear lot line: A solid fence or wall, a minimum of six feet and a maximum of eight feet in height.

Along the interior side lot line: A solid fence or wall, a minimum of six feet and a maximum of eight feet in height up to the residential lot's front yard line. At the front yard line, the fence must be a minimum of 3.5 feet and a maximum of four feet.

The lot must be graded to drain away from adjoining properties.

Community Garden.

The following standards apply to community gardens on private property. Community gardens on city-owned property are subject to the standards of Chapter 54 City-Owned Property, Article IV, Community Gardens Program.

Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. It may also include community-gathering spaces for active or passive recreation.

The keeping of livestock, chickens or other poultry, and any aquaculture is prohibited. Apiaries are permitted.

Greenhouses, including high tunnels/hoop-houses, cold-frames, and similar structures without a permanent foundation, are permitted to extend the growing season. Sheds without a permanent foundation are limited to 144 square feet in gross floor area are also permitted. All accessory structures must be located a minimum of five feet from any lot line.

On-site composting is permitted.

Business transactions of any kind, whether for a fee or for free, require prior written approval from the Zoning Officer. This includes, but is not limited to, farmers markets, farmstands, and other produce sales.

The following activities are prohibited within a community garden:

Park, store, repair, or maintain cars, trailers, boats, or any other vehicle.

Plant trees, unless otherwise approved by the Zoning Officer.

Place or construct any permanent structures on the site of the community garden including, but not limited to, pools, carports or garages, sheds or other structures with a permanent foundation, paving materials (concrete, asphalt, etc.), or playground equipment.

Day Care Center and Day Care Home.

The day care center or day care home facilities must comply with all applicable state regulations, such as required indoor and outdoor space.

The maximum number of children or adults shall be in accordance with state regulations and guidelines.

The operator's license of the day care center or day care home must be displayed publicly.

A day care center must provide a pickup/drop off area. The pickup/drop off area must not interfere with vehicle circulation in the right-of-way or a parking lot, and cannot block any drive aisle.

Dry Cleaners.

The use of perchloroethylene (PCE) and other chlorinated solvents are prohibited at all dry cleaners.

Dwelling - Multi-Family or Rowhouse.

The following use standards apply to multi-family dwellings in the residential districts and to rowhouses in all districts.

Rowhouse Dwellings - Multiple Unit Permissions.

For rowhouse dwellings, where the district permits two-family and multi-family dwellings, one or more of the rowhouse buildings in the overall rowhouse development may contain more than one dwelling unit as follows:

When the district allows two-family dwellings but does not allow multi-family, a rowhouse building within the overall rowhouse development may be developed with two units so long as the lot the rowhouse structure is located on within the development meets the lot area standard for a two-family dwelling in the district. All other standards for a rowhouse apply.

ii.

When the district allows multi-family dwellings, a rowhouse building within the overall rowhouse development may be developed with two or more units so long as the lot the rowhouse structure is located on within the development meets the required lot area for a multi-family development in the district. If multi-family dwellings in the district do not have a required minimum lot area per unit, a rowhouse structure of two or more units is permitted using the standard of 600 square feet of lot area per unit. All other standards for a rowhouse apply.

When a rowhouse building within a rowhouse development is converted to or newly constructed with multiple units, they must maintain the appearance of a single unit rowhouse.

Rowhouse Dwellings - Replacement of Rowhouse Buildings.

When a rowhouse building is replaced within an existing rowhouse development, such rowhouse may be rebuilt to the original footprint of the building it is replacing, including all party walls. However, if such rowhouse building is an end unit, the corner side yard setback must be met.

Facade Design (Rowhouse and Multi-Family).

Facades must be designed with consistent materials and treatments that wrap around all facades. There must be a unifying architectural theme for the entire multi-family or rowhouse development, utilizing a common vocabulary of architectural forms, elements, materials, or colors in the entire structure.

Street-facing building facades must include windows, projected or recessed entrances, overhangs, and other architectural features. Three-dimensional elements, such as stoops, porches, balconies, and bay windows, are encouraged to provide dimensional elements on a facade.

The following minimum transparency requirements apply to any facade facing a street and are calculated on the basis of the entire area of the facade:

Rowhouse: 10%.

ii.

Multi-Family Dwelling: 15%.

Front-loaded attached garages are prohibited.

Building Material Restrictions.

The following building material restrictions apply:

The following building materials are prohibited on any part of any facade:

Plain concrete block.

ii.

Plastic.

iii.

Exterior insulating finish systems (EIFS).

iv.

T-111 composite plywood siding.

The following building materials are prohibited as a primary surface finish material on any facade but may be used as decorative or detail elements for up to 25% of the facade:

Corrugated metal.

ii.

Aluminum, steel or other metal sidings.

iii.

Exposed aggregate (rough finish) concrete wall panels.

iv.

Vinyl.

ROWHOUSE AND MULTI-FAMILY DESIGN

Dwelling - Single-Family, Single-Family Attached, and Two-Family.

The dwelling must have a primary entrance from a facade facing the street. The front entry must be a dominant feature on the front elevation of a home and an integral part of the structure, using features such as porches, raised steps and stoops, or decorative railings to articulate the front facade.

Windows, entrances, stoops, porches, or similar architectural features are required on all street-facing facades to avoid the appearance of blank walls.

A 10% minimum transparency requirement applies to any facade facing a street and is calculated on the basis of the entire area of the facade.

Front-loaded attached garages are prohibited.

A front-loaded attached garage cannot project more than three feet from the building facade line. This applies to garages that take access/load from a front lot line or a corner side lot line.

For single-family - attached dwellings, the interior side yard requirements do not apply to the interior side yard where the party wall for the structure is located.

SINGLE-FAMILY AND TWO-FAMILY DESIGN STANDARDS

Financial Services, Alternative (AFS).

No alternative financial service may be located within 1,000 feet of an existing alternative financial service, measured from lot line to lot line.

Food Truck Park.

There must be a designated manager of the lot that is responsible for the orderly organization of food truck vendors, the cleanliness of the site, and the compliance with all rules and regulations during business hours. Such information must be clearly posted on the lot.

The area must be kept clear of litter and debris at all times. Waste receptacles and/or recycling bins must be provided.

A minimum of 20% of the food truck park lot area must be shared common area, not including any food truck sites and vehicle parking spaces. The common area should be designed for customer use, which includes elements such as seating areas, restroom facilities, and lawn and landscaped areas.

Food truck parks may be standalone uses or may be co-located with another principal use. These properties must be designed to be able to accommodate all required development standards for all principal uses.

A commissary for the use of food truck vendors is permitted.

No temporary use permits for individual food truck vendors are required within food truck parks.

Gas Station.

The principal building must meet the setback requirements of the district in which it is located.

Gasoline pump islands must:

Be located no closer than 15 feet to any street lot line when constructed parallel to the pavement edge.

Be located no closer than 30 feet to any street lot line when constructed perpendicular to the pavement edge.

Be set back 15 feet from all lot lines other than a street lot line.

Gas station canopies cannot be constructed closer than 15 feet from any street lot line.

A retail goods establishment is permitted in connection with the principal gas station use. Car wash bays are prohibited as part of a gas station.

Hotel.

Hotels must be designed so that all guest rooms are contained internal to a building. Guest rooms are to be through common lobbies and shared hallways. Direct independent access to each guest room from the outside of the building is prohibited.

Impound Lot.

A solid fence or wall, a minimum of six feet and a maximum of eight feet in height along all lot lines.

Industrial - Artisan.

Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure.

Live/Work.

A minimum of one person must occupy the live/work unit as their primary residence.

No business storage or warehousing of material, supplies, or equipment is permitted outside of the live/work unit.

The nonresidential use of the unit is limited to nonresidential uses allowed in the district.

No equipment or process may be used in connection with the live/work unit that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the premises.

Lodge/Meeting Hall.

No more than 30% of the gross floor area may be used as office space for the lodge/meeting hall.

Lodges/meeting halls are permitted to serve meals and alcohol on the premises for members and their guests only or for lessees when leased or used as reception facilities.

Sleeping facilities are prohibited.

Lodges/meeting halls leased or used as reception facilities cannot charge a general admission fee or any other monetary donations (payment at the door to the general public) for entrance, with the exception of fundraisers or events for bona fide non-profit organizations, places of worship, educational facilities, or similar uses.

Medical/Dental Office/Clinic.

Medical/dental offices and clinics in the RL-1, RL-2, and RL-3 Districts are limited to a maximum gross floor area of 3,500 square feet.

Micro-Production of Alcohol.

All alcohol production must be within completely enclosed structures.

Neighborhood Commercial Establishment.

Neighborhood commercial establishments are only allowed within existing structures that are nonresidential in their construction and/or use as of the effective date of this Ordinance. Once a neighborhood commercial establishment use is approved, it can be changed to any of the uses allowed within item 2 below.

The following nonresidential uses are permitted within a neighborhood commercial establishment and subject to any of the applicable use standards of this section. After the approval of the initial conditional use for the neighborhood commercial establishment and its initial intended use, as allowed by the list below, a new conditional use approval is required for a change of use.

Art gallery.

Arts and fitness studio.

Day care center.

Dry cleaner.

Eating and drinking establishment.

Medical/Dental Office/Clinic.

Office.

Personal service establishment.

Retail goods establishment - no sales of alcohol.

Specialty food service establishment.

Drive-through facilities are prohibited.

Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure.

Signs are limited to those allowed in the C-MS District.

A neighborhood commercial establishment, where the commercial use fronts on a street, may have a dwelling unit or units located above the ground floor or behind the ground floor commercial use.

Nightclub.

A manager must be on-site during all events.

A private licensed and bonded security company is required. A security guard must be present during operating hours to admit patron and monitor exterior areas. Additional security measures, such as lighting, surveillance cameras, and crowd control mechanisms, are required.

The operator must provide a summary to the City of all noise reducing techniques to be employed.

Provisions for smoking areas, outside gathering areas, and queuing lines are required and must demonstrate that these areas do not block public sidewalks, driveways, or surrounding businesses doorways, and are oriented away from any abutting residential districts.

The operator is responsible for cleaning the sidewalk within 50 feet of the premises during the hours of operation to maintain the sidewalk free of garbage, cigarette butts, and other debris. The operator shall also arrange for litter removal after close of business.

The operator must describe all rules regarding loitering on their premises and actions to be taken to prevent loitering.

Outdoor Storage Yard.

The storage area must be completely enclosed along all lot lines by a solid fence or wall a minimum of six feet and a maximum of eight feet in height, including ingress and egress.

Fences or walls along the front or corner side lot line must be set back a minimum of ten feet from the lot line. Within that setback, shrubs must be planted and spaced sufficiently to form a continuous linear hedgerow at plant maturity, and one evergreen tree every 50 feet planted linearly. Plantings must be placed outside the fence facing the right-of-way.

Fences or walls along the rear or interior side lot line require the planting of shrubs spaced sufficiently to form a continuous linear hedgerow at plant maturity; plantings must be placed inside the fence toward the interior of the lot.

Storage of any kind is prohibited outside the fence or wall.

No items stored within 25 feet of the fence may exceed the height of the fence or wall for an outdoor storage yard.

Private Social Club and Private Recreation Club.

Private clubs are permitted to serve meals and alcohol on the premises for members and their guests only or for lessees when leased or used as reception facilities.

Sleeping facilities are prohibited.

Private clubs leased or used as reception facilities cannot charge a general admission fee or any other monetary donations (payment at the door to the general public) for entrance, with the exception of fundraisers or events for bona fide non-profit organizations, places of worship, educational facilities, or similar uses.

Reception Facility.

A general admission fee or any other monetary donations (payment at the door to the general public) for entrance is prohibited, with the exception of fundraisers or events for bona fide non-profit organizations, places of worship, educational facilities, or similar uses.

Recycling Center.

Screening and Fencing.

Solid fencing, screens, or buffers a minimum of ten feet in height must be provided along all lot lines. Fencing along any lot line of a recycling center that abuts a public right-of-way, except within I-G District, or abuts any district except the I-G District, must be a solid wall with a finished or painted side facing outwards, the materials and design of which are subject to approval during site plan review.

Fencing facing the public right-of-way must be set back five feet from the property line, and landscaping provided for the area between the lot line and the fence.

Gates providing access must be a minimum of eight feet in height and made of solid materials. Doors must and open so that they do not infringe on the public right-of-way.

Solid fencing is not required with respect to lots lines in the I-G District.

Site Standards.

The Planning Board or Zoning Board of Appeal may require that certain interior driveways within recycling centers be paved in order to minimize tracking of mud and debris and in order to facilitate proper drainage of the site.

All processed and unprocessed materials and residue must be stored in a manner which prevents runoff, leakage or seepage of any waste or residue into, on or around the soil on which the storage or stockpile is located. The design of all storage, stockpile and disposal areas, and the methods established for prevention of runoff, leakage, and seepage, are subject to Planning Board review and approval at the time of site plan application.

Residential Care Facility and Residential Drug/Alcohol Treatment Facility.

Residential care facilities and residential drug/alcohol treatment facilities are subject to the standards for multi-family dwellings for the district in which they are located.

Residential care facilities or residential drug/alcohol treatment facilities are allowed as part of a mixed-use development and are subject to the standards for a mixed-use development within the district in which they are located.

AA.

Rooming House - Senior Citizen Owner Only.

Per Section 40:55D-68.4 of the New Jersey Code Title 40, a senior citizen, who is the owner of a single- family dwelling which is their primary residence, may rent or lease a room or rooms within that dwelling, together with general use associated with that dwelling, to one person. For the purposes of this section, a senior citizen is any person of 62 years of age or the spouse of that person, or the surviving spouse of that person, if the surviving spouse is 55 years of age or older. Rooming houses are only allowed when a senior citizen per this section is the owner of a single-family dwelling which is their primary residence,

BB.

Single Room Occupancy (SRO).

Rooming units must be a minimum of 80 square feet.

Rooming units in single room occupancy residences are limited to one occupant per room.

The building must contain common space such as recreation areas, lounges, living rooms, dining rooms, or other congregate living spaces at a rate of five square feet per rooming unit, but totaling not less than 250 square feet. Bathrooms, laundries, hallways, the main lobby, vending areas, and kitchens are not counted as common space.

Rooming units in each building must be accessed through one primary location. On-site management must be provided on a 24 hour basis per building. Adequate on-site management includes having an employee on premises 24 hours a day. The employee must be accessible to residents, law enforcement personnel, and any other individuals who need to establish communication upon or about the premises.

Adequate on-site management also requires that the employee has the authority to exercise control over the premises to ensure that the use of the premises does not result in littering, nuisance activities, noise, or other activities that interfere with the peaceful enjoyment and use of surrounding properties. Cleaning services must be provided and utilities must be mass metered.

CC.

Vehicle Repair/Service.

Vehicle repair/service establishments may not store the same vehicles outdoors on the lot for longer than 15 days once repair is complete. Only vehicles that have been or are being serviced may be stored outdoors.

Repair of vehicles and storage of all merchandise, auto parts, and supplies must be within a structure.

Vehicle repair/service establishments that abut a residential district require a solid fence or wall a minimum of six feet to a maximum of eight feet in height.

No partially dismantled, wrecked, junked, or discarded vehicles, or vehicles that sit on one or more flat tires or are inoperable in any manner may be stored outdoors on the premises. This standard does not apply to vehicles under repair.

The sale of new or used vehicles is prohibited.

No motor vehicles may be stored and no repair work may be conducted in the public right-of-way.

DD.

Warehouse.

A warehouse use is only allowed as follows:

As a conditional use in the I-L and I-G Districts when located upon a contaminated site, defined as a site where applicable State and or Federal remediation standards are exceeded, and where active remediation will occur to remove or destroy the contaminant and result in the issuance of sitewide unrestricted use Remedial Action Outcome (RAO).

As a permitted use when accessory to another principal use of light industrial, general industrial, or artisan industrial, when the gross floor area of the warehouse is less than 50% the total gross floor area of the structure.

As a conditional use when accessory to another principal use of light industrial, general industrial, or artisan industrial, when the gross floor area of the warehouse is 50% or more of the total gross floor area, up to a maximum of 75%, of the structure.

EE.

Wind Energy System.

The design of the wind energy system must conform to applicable industry standards as such standards exist as of the date construction is commenced. The facility owner or operator must submit certificates of design compliance obtained by the equipment manufacturers or certifying organizations.

Wind turbines must comply with the following design standards:

Wind turbines must be a non-obtrusive and non-reflective color.

Wind turbines must not display advertising, except for reasonable identification of the turbine manufacturer, or the facility owner and operator.

Wind turbines must not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable regulatory authorities.

On-site transmission and power lines between wind turbines must, to the maximum extent practicable, be placed underground, reach the property line, and be located and constructed in such a way as to minimize disruption to the property's primary purpose as well as to facilitate the interconnection of other commercial wind power generating facilities.

Non-essential appurtenances are prohibited to be affixed to any wind turbine, including, but not limited to, cellular or radio antennae.

The applicant must commission and submit at the time of permit application a wildlife assessment (impact study), conducted by a qualified wildlife expert, indicating possible risks to local wildlife, habitat, and migratory birds.

Wind turbines must not be climbable up to a height of at least 15 feet above ground surface. All access doors to wind turbines and electrical equipment must be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

Wind turbines must be set back from any existing principal building on the lot and adjacent lots, measured at the nearest external wall or walls, and within the buildable area of any adjacent undeveloped lot, no less than the turbine height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the building.

Operation and maintenance building(s) and substations must be located in accordance with zoning district yard requirements. All wind farm structures, except for wind turbines, must comply with the regulations of the zoning district.

All wind turbines must be set back from the nearest public right-of-way a distance of 110% of the turbine height, as measured from the right-of-way line to the nearest point on the outside edge of a tower.

The facility owner or operator must comply with all applicable codes regulating sound generation. A predictive sound study of turbine noise must accompany the application to verify that all code requirements can be met for dBA sound levels. In the event that any sound levels from a wind turbine are found to be in excess of permissible levels per the City Code, the facility owner or operator must take necessary measures to bring sound levels down to an acceptable level.

A shadow flicker study is required, and must be submitted with the application. Projects must mitigate shadow flicker on existing structures and shadow flicker must not fall within the buildable area of an adjacent lot, as defined by current setback requirements.

10.

The facility owner and operator must, at their sole expense, complete decommissioning of the wind energy system, or individual wind turbines, once the use of the wind energy system or any individual wind turbines are discontinued. The wind energy system or turbine must be deemed to be at the end of its useful life if it is abandoned for a period of time in excess of 180 days. Decommissioning includes removal of wind turbines and related aboveground equipment.

FF.

Wireless Telecommunications.

All wireless telecommunication towers, facilities, and antennas are conditional uses with the exception of antenna stealth design (item 5 below).

Application Requirements.

All applications to erect, construct, or modify any part of a wireless telecommunications system require site plan review must include the following items:

A site plan showing:

The location, size, screening, and design of all structures, including fences.

ii.

The location and size of all outdoor equipment.

iii.

Elevations showing antenna height.

iv.

If the site plan is for a new wireless telecommunications facility, a landscape plan showing all screening.

If the site plan is for a new wireless telecommunications tower, indication of the fall zone as a shaded circle.

A maintenance plan and any applicable maintenance agreement designed to ensure long-term, continuous maintenance, such as maintenance of landscape, keeping the area free from debris and litter, and immediate removal of any graffiti.

A disclosure of what is proposed, demonstrating the need for the wireless telecommunications system in the proposed location. This is not required for co-location or stealth design antennas.

The reason or purpose for the placement, construction, or modification in the proposed location with specific reference to the provider's coverage, capacity, and/or quality needs, goals, and objectives. This is not required if the proposal does not involve the erection of a new tower.

The service area of the proposed wireless telecommunications system.

If the proposal is for a new telecommunications tower, then a map showing collocation opportunities within the City and within areas surrounding the borders of the City must be provided and justification for why co-location is not feasible in order to demonstrate the need for a new tower.

If the proposal is for a new telecommunications tower, certification by a licensed and registered professional engineer regarding the manner in which the proposed structure will fail. The certification may be utilized, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities.

Location Priorities.

Applicants for wireless telecommunications facilities must locate wireless telecommunications facilities, including towers or other tall structures, in accordance with the following priorities, Number 1 being the highest priority and Number 7 being the lowest priority:

Priority Ranking	Location
1	Co-location on a site with existing telecommunications towers or structures containing existing telecommunications facilities in nonresidential districts and on nonresidential buildings
2	Existing nonresidential tall structures
3	Industrial or commercial districts
4	Other nonresidential districts
5	Co-location on a site with existing telecommunications towers or structures containing existing telecommunications facilities in residential districts
6	Existing residential structures over five stories in height
7	On other property in the City

If the proposed location is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

An applicant may not bypass locations of higher priority by stating that the site presented is the only site leased or selected. An application must address co-location as an option, and if such option is not proposed, the applicant must explain why co-location is commercially or otherwise impractical. Agreements between providers limiting or prohibiting co-location is not a valid basis for any claim of commercial impracticability or hardship.

Notwithstanding the above, the Planning Board may approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the City and its inhabitants.

The applicant must submit a written report demonstrating the applicant's review of the above locations in order of priority, demonstrating the technological reason for the location selection. If the location selected is not the highest priority, then a detailed written explanation as to why sites of a higher priority were not selected must be included with the application.

The applicant must, in writing, identify and disclose the number and locations of any additional sites that the applicant has, is or will be considering, reviewing or planning for wireless telecommunications facilities in the City, and all municipalities adjoining the City, for a two-year period following the date of the application.

Setbacks.

All wireless telecommunications towers must be set back from any existing principal building on the lot and adjacent lots, measured at the nearest external wall or walls, and within the buildable area of any adjacent undeveloped lot, as defined by current setback requirements, no less than the tower height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the building.

All wireless telecommunications facilities must be set back from all property lines in accordance with the minimum setback requirements in the zoning district.

Height.

The maximum height of a wireless telecommunications tower is the minimum needed to function satisfactorily. The application for approval of a wireless telecommunications tower must demonstrate the minimum height needed for the tower to function, which will be reviewed and approved as part of site plan review. The City has the ability to hire an independent consultant to assist in review of the proposed height, whose fee will be charged to the applicant. Where a wireless telecommunications tower exceeds the maximum height permitted in the district, the City may require additional setbacks from all lot lines.

Lighting and Marking.

Wireless telecommunications systems must not be lit or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

Specific Standards for Wireless Telecommunications Antennas.

Wireless telecommunications antennas are a conditional use in all districts, unless they are stealth design in which case they are a permitted use. Stealth design for wireless antennas is encouraged and is considered a permitted use in all districts, subject to site plan review and approval. All applications for wireless telecommunications antennas must include all information required by this section. In addition to the standards of this section for wireless telecommunications antennas, stealth design must comply with the following regulations:

To qualify as a stealth design, wireless telecommunications antennas must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.

Wireless telecommunication antennas must be mounted at least 30 feet above grade, as measured from grade to the base of the antenna, to qualify as stealth design, in addition to meeting the other requirements of this section. Wireless telecommunication antennas mounted lower than 30 feet are considered a conditional use.

Antennas must be located on or in structures already permitted within zoning districts, such as water towers, clock towers, streetlights, penthouses, parapet walls (must be behind the parapet wall), and steeples, and must be designed to blend in with the structure.

Antennas that co-locate on existing wireless telecommunications towers are also considered stealth design. However, such antennas cannot increase the overall height of the existing wireless telecommunications tower.

No antenna may increase the overall height of any structure on which it is mounted by more than 15 feet.

Specific Standards for Wireless Telecommunications Facilities.

Any buildings, cabinets, or shelters may house only equipment and supplies for operation of the wireless telecommunication tower. Any equipment not used in direct support of such operation must not be stored on the site.

Commercial advertising is prohibited. Only signs that are part of the equipment as manufactured or warning signage is permitted.

Specific Standards for Wireless Telecommunications Towers.

The use of guyed towers is prohibited. Towers must be monopoles, meaning self-supporting with no wires, cables, or beams.

Wireless telecommunications towers must be designed to accommodate other telecommunications providers. The area surrounding a tower must be of a sufficient size to accommodate accompanying wireless telecommunications facilities for other telecommunications providers.

Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration or the City, towers must have a galvanized silver or gray finish.

Abandonment.

Any wireless telecommunications system that is not operated for a period of 180 consecutive days is considered abandoned. The owner must immediately remove the tower or facility, and all aboveground equipment and related debris. The City may ensure and enforce removal by means of its existing regulatory authority.

10.

Nonconformities.

Ordinary maintenance, including replacement/upgrading, of antenna equipment may be performed on nonconforming antennas or towers. However, if the proposed alteration intensifies a nonconforming characteristic of the antenna or tower, a variance is required.

Co-location of an antenna on an existing nonconforming tower is a permitted use, provided that the addition of the antenna and any additional wireless telecommunications facilities do not increase the overall height of the nonconforming tower.

§ 315-8.5 TEMPORARY USE STANDARDS.

General Standards for All Temporary Uses.

Temporary uses are required to comply with the standards of this section, in addition to all other regulations of this Ordinance.

These regulations are for temporary uses located on private property only. Those located on public property or within a right-of-way are not regulated by this Ordinance and are subject to the regulations of the City Code.

All temporary uses require a zoning permit (§ 315-13.13) unless specifically cited as exempt.

Temporary uses may also be required to obtain a license per the City Code.

Temporary uses do not require additional parking unless specifically cited in the temporary use standards or as a condition of approval.

Farmer's Market.

A temporary use permit for a farmers market may be issued for a maximum of seven days. A temporary use permit for a farmers' market may be issued for more than seven days at a time, when a schedule of days per week and number of weeks is provided.

A management plan is required as part of the temporary use permit application that demonstrates the following:

The on-site presence of a representative of the farmers' market during hours of operation who directs the operations of vendors participating in the market.

An established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance when open to the public.

A general site plan including vendor stalls, parking areas, visitor facilities, such as any seating areas and restrooms, and all ingress and egress points to the site.

A lighting plan describing all temporary lighting to be installed.

Provision for waste removal.

The days and hours of internal operation, including vendor set-up and take-down times.

Food Truck/Trailer.

These standards apply to individual mobile food trucks and food trailers that locate on private property as an individual temporary use. When food trucks and trailers are included as part of another temporary use, such as temporary outdoor entertainment event, they are approved as part of that use but are still subject to items 5 through 8 below.

Each temporary use permit for a food truck on private property is limited to a maximum of 30 days. Permits may be renewed without limit.

If the operator is not the owner of the site where the truck or trailer will be located, written permission from the property owner must be submitted as part of the temporary use permit application.

The permit holder must keep the area clear of litter and debris at all times.

All food trucks and food trailers must be properly licensed by the health department.

Outdoor seating may be provided on the site, but no seating may be permanently installed.

A permanent water or wastewater connection is prohibited.

Electrical service may be provided only by temporary service or other connection provided by an electric utility, or an on-board generator.

Drive-through service is prohibited.

Real Estate Project Sales Office/Model Unit.

A real estate sales office/model unit(s) is allowed for a residential development. Multiple model units are allowed in a multi-family dwelling.

A real estate sales office/model unit(s) may be located in a manufactured home located on-site.

The real estate sales office must be removed and/or closed within 30 days after the sale or rental of the last unit of the development. The model unit(s) must be closed within 30 days after the sale or rental of the last unit of the development. If located within a manufactured home, such manufactured home must be removed from the site within 30 days after the sale or rental of the last unit of the development.

All activities conducted within real estate sales office/model unit(s) must be directly related to the sale of properties within the particular development. Use as a general office of operation of any firm is prohibited.

Temporary Contractor's Office and Contractor's Yard.

A temporary contractor's office is allowed incidental to a construction project.

The temporary use permit is valid for the life of the project, to be verified by open permits.

The temporary contractor's office must be removed within 30 days of completion of the construction project.

A contractor's yard is permitted on-site and can only be used during the life of the construction project. No sleeping or cooking accommodations are allowed.

Temporary Outdoor Entertainment.

Temporary outdoor entertainment in the residential districts is restricted to those events associated with and conducted by a place of worship or an educational facility.

A management plan is required as part of the temporary use permit application that demonstrates the following:

The on-site presence of a manager during the event.

General layout of performance areas, visitor facilities, such as any seating areas and restrooms, parking areas, and all ingress and egress points to the lot.

Provision for waste removal and for recycling, if available.

The days and hours of operation, including set-up and take-down times.

A description of crowd control and security measures.

A lighting plan describing all temporary lighting to be installed.

Any temporary structures must be removed within three days of conclusion of the event.

Time limits are as follows:

Time limitations apply to the lot, not the operator of the use.

Events are limited to four events per calendar year and a maximum duration of five days per event, with a minimum of 30 days between events. However, a temporary use permit for a carnival or circus is valid for a period of four events per calendar year no more than 15 days per event, with a minimum of 30 days between events.

Temporary Outdoor Sales.

Temporary outdoor sales in the residential districts are restricted to those events associated with and conducted by a place of worship or an educational facility.

A management plan is required as part of the temporary use permit application that demonstrates the following:

An established set of operating rules addressing the governance structure of the sales event, hours of operation, maintenance, and security requirements.

General layout of vendor stalls, visitor facilities, such as any seating areas and restrooms, parking areas, and all ingress and egress points to the lot.

Provision for waste removal and for recycling, if available.

The days and hours of operation, including vendor set-up and take-down times.

A lighting plan describing all temporary lighting to be installed.

Any temporary structures must be removed within three days of conclusion of the event.

Temporary outdoor sales events are limited to four events per calendar year and a maximum duration of five days per event. This limitation applies to the lot, not the operator of the temporary use. The following exceptions apply:

A temporary use permit for a seasonal sale, such as Christmas tree lots or pumpkin patches, are limited to four events per calendar year and a maximum duration of 30 days per event. There is no minimum time between events.

A portion of a parking area may be used for temporary outdoor sales. Permanent display structures are prohibited in parking areas. No more than 10% of the required parking area for the existing use may be used for temporary outdoor sales and display.

No sales and display area is permitted in any public right-of-way.

Temporary Outdoor Storage Container.

The use of an outdoor storage container is limited to no more than 60 consecutive days in any year. In the event the owner of the property suffers a catastrophic loss due to fire, flood or other physical calamity occurring on the property in question, the temporary use permit may be extended for additional two week periods upon a showing of need. There will be no more than three extensions of any temporary use permit. An exception will be made if the outdoor storage container is being used as temporary storage when work requiring a building or demolition permit is being done to structures or buildings on the property. In such cases, the use of the portable storage container cannot exceed the period for which the building or demolition permit has been issued.

Outdoor storage containers cannot be placed in a public right-of-way or located so as to interfere with traffic visibility.

Outdoor storage containers cannot be placed in the front yard, unless there is a physical hardship or characteristic of the property that will not allow the placement of the container in any other location, which must be approved as part of the temporary use permit.