No building shall hereafter be erected and no
existing building shall be moved, structurally altered, added to,
enlarged or rebuilt nor shall any land be designed, used or intended
to be used for any purpose other than those included among the permitted
uses listed in this chapter for each zoning district; nor shall any
open space contiguous to any building be encroached upon or reduced
in any manner except in conformity to the yard, lot area, building
location, percentage of lot coverage, off-street parking and other
such requirements of this chapter pertinent to the property in question.
In the event of any such unlawful encroachment or reduction, such
building shall be deemed to be in violation of provisions of this
chapter; and the certificate of occupancy for such building shall
become null and void.
Every principal building shall be built upon
a lot which has frontage upon a public street.
When a corner lot is created by a subdivision
the required lot width for such a corner lot shall be the width of
the lot as required by the Schedule of Requirements for the zone in
which said lot is located, plus an additional width and area equal
to at least 10% of said required lot width and area. The front yard
on a corner lot shall be one of the yards between the principal structure
and the street line. The rear yard shall be the yard opposite the
front yard. The side yard between the principal structure and the
street line shall be regulated in all respects as if it were a front
yard, and the remaining yard shall be treated as a side yard.
In cases of infill development or redevelopment
in any one-family residential zoning district, where a prevailing
front yard setback exceeding the minimum requirement has been established
by other existing homes fronting on the same side of the same street,
and where such development or redevelopment affects property situated
adjacent to or between such existing homes, the prevailing front yard
setback shall be the minimum applicable to new home construction,
as well. If application of the prevailing front yard setback to the
proposed new construction would result in a deviation from any other
aspect of the Schedule of Requirements table, or would reduce a building
footprint so as to preclude construction of a home having proportionate
width/depth dimensions or having the maximum allowable principal building
coverage for the zoning district in which the property is located,
or would be physically impossible due to the dimensions, location,
or other characteristics of the lot on which it would be located,
the applicable front yard setback minimum shall be reduced from the
prevailing setback dimension to the maximum dimension at which such
deviations and/or practical difficulties will be averted, but in no
case to a dimension less than that set forth by the Schedule of Requirements
table.
Where a lot is formed from part of a lot already
occupied by a building, such shall be effected in such a 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. No permit shall be issued for the erection of a new building
on the new lot thus created unless it complies with all the provisions
of this chapter.
Buildings with expansive blank walls are prohibited.
Bare concrete block, or painted concrete block as the predominant
finish of a facade is prohibited. Expansive facades are to be broken
up with vertical or horizontal elements of different textures or colors.
In the case of development projects consisting of more than one building,
all such buildings and other structures whether principal or accessory,
shall be designed with a unified architectural theme that is visually
compatible with the surrounding area. Said design shall consider such
elements as building materials and colors, facade treatments, rooflines,
light fixtures, and site amenities such as street furniture. Multifamily
residential structures shall have pitched roofs as an integral component
of their design. Any development project entailing construction of
more than four principal buildings (inclusive of subdivisions for
detached single-family dwelling units) shall be designed to provide
architectural variation in the configuration and appearance of such
structures. It is the intent of this provision to encourage a unified
architectural design scheme with compatibility of adjacent structures,
but to prohibit monotonous repetition of identical buildings.
Exterior lighting shall be provided to adequately
illuminate all pedestrian, parking, and vehicular surfaces for purposes
of safety and security. The following standards shall apply:
A.
Unless specifically otherwise provided, light intensity
at pavement level shall be a minimum of 0.5 footcandle and a maximum
of five footcandles. Light intensity at a property line shall not
exceed 0.2 footcandle.
B.
All fixtures shall be fully shielded to reflect light
downward and to reduce light spillage to unintended areas, whether
on-site or an adjoining property, and to prevent skyglow. Wall-mounted
flood- or spotlights shall be aimed no higher than 45º from vertical.
C.
Light fixtures and poles shall be of a consistent
architectural style throughout a project site and shall complement
the style of the building(s) situated thereon.
D.
Light fixtures shall be mounted at the lowest appropriate
height for the intended use, but in no case shall exceed a height
of 20 feet.
E.
Walkway lighting shall be provided via low or mushroom-type
standards whenever separate fixtures are required apart from those
used on building exteriors, in parking lots, or along driveways.
The following buildings, structures, and uses
are prohibited:
A.
Uses not specifically permitted. Uses not expressly
permitted by this chapter are prohibited.
B.
More than one principal use or building. There shall
be only one principal use and one principal building permitted on
each lot, except as specifically provided in this chapter. Each numbered
principal use appearing on the list of principal permitted uses shall
be considered a separate and distinct principal use.
C.
Mixed uses. No residential use shall be permitted
on the same lot with a nonresidential use except as specifically provided
in this chapter.
D.
Heliports and helistops. Nothing in this chapter shall
be construed to permit the establishment or maintenance of a heliport
or helistop as a principal or accessory use in any zone district in
the Township.
[Amended 4-21-2003 by Ord. No. 03-589]
E.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 6-21-2021 by Ord. No. 21-870]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
The following provisions shall apply to nonconforming
buildings, structures and uses in any zone district of the Township.
Except as otherwise provided in this article
or permitted by judicial interpretation of N.J.S.A. 40:55D-68, the
lawful use of land or structures existing at the date of the adoption
of this chapter may be continued upon the land or within the structure
so occupied, although such use or structure does not conform to the
regulations specified by this chapter for the zone in which such land
or structure is located; provided, however, that no such nonconforming
use or structure shall be enlarged or extended to occupy a greater
area of land or structure than that occupied by such use or structure
at the date of the adoption of this chapter. Nor shall the use be
expanded or increased in intensity if the result of such expansion
or increase in intensity impacts the quality or character of the neighborhood
in which such use is located.
If any lawfully existing nonconforming structure
shall be partially destroyed by reason of windstorm, fire, explosion,
act of God or a public enemy or any cause whatsoever, such structure
may be restored or repaired, within one year from the date of partial
destruction, as a nonconforming structure. After the period of one
year, it may be restored or repaired, but only in conformity with
the provisions of this chapter. Nothing in this chapter shall prevent
the strengthening or restoring to a safe condition of any portion
of the structure declared unsafe by the Construction Official. No
nonconforming use shall, if once changed into a conforming use, be
changed back again into a nonconforming use.
In the event that a nonconforming use of land
or structure shall be abandoned, the same shall not again be used
for a nonconforming use or purpose.
A.
Any accessory building having a common wall, roof,
or foundation with the principal building shall be considered part
of the principal building and shall adhere in all respects to the
requirements of this chapter applicable to the principal building.
B.
Except as specifically provided in this chapter, an
accessory structure constructed more than six inches above the ground
at any point which is attached to the principal building, shall comply
in all respects to the requirements of this chapter applicable to
the principal building.
C.
Except as otherwise provided in this chapter, no accessory
building or accessory structure shall exceed 15 feet in height.
D.
There shall be a minimum of 10 feet between an accessory
building and any other building(s) on the same lot. No accessory buildings
are permitted in the front yard.
E.
Except as specifically provided in this chapter, and
with the specific exception of a sidewalk which crosses a property
line to intersect with the adjacent public right-of-way line, no accessory
structure shall be located closer than five feet to any property line.
F.
Accessory buildings shall be set back from property
lines in accordance with the minimum distances set forth in the Schedule
of Requirements table that accompanies this chapter.
A.
Fences and walls may be located in any front, side,
and/or rear yard of any property in any district in the Township.
B.
With the exception of fences and walls erected for
screening of outdoor storage or refuse disposal units, fences and
walls, whether attached to the principal building or not, are exempt
from setback requirements as otherwise stipulated for accessory structures.
C.
Except as specifically provided otherwise in this
chapter, any fence, wall, or combination fence/wall built within the
front yard shall not exceed four feet in height, and any fence, wall,
or combination thereof built upon the remainder of any lot shall not
exceed six feet in height. These limitations shall not apply to retaining
walls and shall be subject to change at the discretion of the municipal
agency in any matter requiring site plan review.
D.
Walls erected for structural purposes of retaining
soil pertinent to an approved lot grading plan, shall not exceed eight
feet in height, as measured from the lowest finished grade at any
point to the topmost portion of the structure at that point.
E.
All fences shall be constructed with the finished
side facing out and away from the property on which the fence is located.
F.
No fence or wall shall be erected which will encroach
upon a public right-of-way or sight triangle easement established
pursuant to this chapter.
The establishment or construction of a private swimming pool in the Township of Cedar Grove shall be in conformance with Chapter 237, and the following conditions:
A.
The pool and all appurtenances including perimeter
walkways, patios, decks, filters and any other mechanical equipment
shall be located in the rear or side yard and shall be a minimum of
15 feet from all property lines, but not less than the required accessory
building setback distance. All appurtenances shall be located within
the required fencing, which fencing shall be designed and installed
in compliance with all applicable provisions of the Building Code.
B.
Grading plans shall be submitted for review by the
Engineering Department where any changes to the existing topography
are required in conjunction with the construction of a pool which
is proposed to be below ground.
C.
That portion of a swimming pool which is specifically
designed for water retention shall not be included in any calculation
of lot coverage. This provision shall not apply to swimming pool appurtenances
such as perimeter walkways, patios, decks, or equipment platforms.
Private tennis courts shall be subject to the
following provisions:
B.
Any fencing, including any barrier restricting play
around the tennis court, shall be no more than 10 feet in height measured
at its highest point, and shall be a transparent structure.
C.
The installation or use of artificial lighting for
the purpose of illuminating the tennis court for play during nondaylight
hours is prohibited.
D.
Drainage from the court shall be disposed of by discharge
directly to the Township's storm sewer system or managed on site in
a manner acceptable to the Township Engineer.
No awning or canopy, hereinafter referred to
as awnings, shall be erected or installed in any office, business,
commercial, or office/warehouse zone, or in connection with any such
use, except in accordance with the standards herein. The installation
of an awning which conforms to these standards shall be exempt from
the requirement for site plan approval and may be approved by issuance
of a zoning permit. Any awning requiring a variance shall be required
to obtain minor site plan approval.
A.
Extension and height of fixed awnings. Fixed awnings
shall not extend from the building to which they are attached by more
than 48 inches, nor be greater than six feet in height from the lowest
to highest point, including any fringe or other attachment.
B.
Extension of drop awnings. Drop or retractable awnings
shall not extend from the building to which they are attached by more
than five feet.
C.
Setback. An awning shall be permitted to protrude
into the required front yard area of the building and to extend into
the right-of-way, so long as it complies in all other respects with
the requirements of this section.
D.
Minimum elevation. The lower edge of any awning, including
any fringe or attachment, shall be no closer to the ground or sidewalk
than six feet nine inches, and no part of the iron or other supporting
framework shall be closer than seven feet to the ground or sidewalk.
E.
Signs. The following provisions shall apply to placement
of signs on an awning:
(1)
Letters, numbers, and symbols on any awning
shall be limited to the name of the establishment, street number,
and/or logo.
(2)
In the event there are multiple occupants covered
by a single awning, the portion of the awning covering each occupancy
with a separately defined space under the awning shall be treated
as a separate awning for purposes of placement of letters, numbers
and symbols.
(3)
On buildings on corner lots, an awning that
meets all other requirements of this article may wrap around the corner
of the building facing on the intersecting streets, but for purposes
of placement of letters, numbers, or symbols, the awning on each facade
shall be treated as a separate awning.
F.
Colors. Awnings may be a solid color or striped. An
awning may contain letters, numbers, and/or symbols as set forth above,
provided no more than two colors shall appear on the awning. A striped
awning may contain various shades of the two permitted colors, but
in such event shall not include letter and/or symbols displaying the
name of the establishment, but may display the street number in numerical
form.
G.
Location. Awnings may be located on buildings immediately
above doors and windows, and may extend on walls for a distance of
two feet beyond such doors and windows. Awnings shall not be permitted
in any other location.
H.
Lighting. There shall be no internal or back lighting
of any awning. Any lighting under the canopy shall be cast downward
toward the building facade and/or sidewalk. All lighting shall be
shielded so as not to reflect up or out from behind or through the
awning.
Outdoor display of products and merchandise
for retail sale is a permitted accessory use to retail stores and
shops in the B, and RC Zones, subject to the following restrictions:
A.
Products and merchandise shall include only such items
as are regularly offered for sale by the retailer on the same premises
therewith.
B.
The maximum area of the site which may be devoted
to outdoor display shall not exceed 10% of the interior retail floor
area, or 1,000 square feet, whichever is the lesser.
C.
Outdoor display shall be permitted during business
hours, only; products, materials, and display racks or other equipment
shall be removed at the close of business each day.
D.
Any area devoted to outdoor display of merchandise
shall be set back a minimum of 25 feet from any property line adjacent
to a residential zone.
E.
No outdoor display shall be located within any public
right-of-way or so situated as to interfere with a required site triangle
area. All display materials, equipment, and appurtenances must be
located and securely placed so as not to impede the safe flow of pedestrian
and/or vehicular traffic.
All outdoor storage of materials permitted by
this chapter shall be screened by either a wall or fence, together
with plant material located on the outside of the wall or fence so
that said storage is not visible from any adjacent property or public
street. Any such wall or fence shall not be closer than five feet
from any property line. Anything contained herein to the contrary
notwithstanding, outdoor storage of any hazardous, toxic or corrosive
substances as defined in regulations promulgated by the United States
Environmental Protection Agency or the New Jersey Department of Environmental
Protection is prohibited.
Outdoor refuse disposal units ("dumpsters")
on sites devoted to nonresidential or multifamily residential uses
shall be completely screened from public view by means of a fence
or wall enclosure having a maximum height of seven feet and shall
be landscaped as required by the Board. Such enclosures are prohibited
from the required front yard area and shall be located a minimum of
five feet from any side or rear yard property line.[1]
Service equipment, such as air-conditioning
equipment, elevator bulkheads, heating equipment and the like, whether
located on the rooftop or on the ground, located on sites devoted
to nonresidential or multifamily buildings shall be so situated and
screened that it shall not be visible from a point six feet above
ground level at the property line or the center line of any street.
Screening of rooftop structures shall be of the same material as the
front facade of the building, unless some other screening material
is permitted by the Board.
[Amended 11-2-2015 by Ord. No. 15-787]
Home occupations shall be compatible with the underlying residential
use of the properties and the neighborhoods in which they are located.
No home occupation shall impair the residential character of the dwelling
or neighborhood in which it is located. The allowable space for the
home professional office shall be such of a resident professional
person such as a physician, dentist, lawyer, minister, architect,
optometrist, professional engineer, chiropractor, conducting the licensed
professional practice of their occupations. Each application will
be reviewed by the Township. Home occupations shall be permitted as
an accessory use in all one-family residential zones in accordance
with the following standards:
A.
The home occupation shall be clearly subordinate to
the residential use.
B.
The home occupation shall be conducted by the owner
or tenant residing on the premises.
C.
No employees other than residents are permitted.
D.
The home occupation shall be conducted completely
within the interior spaces of a residential building and shall occupy
no more than 25% of the total livable floor area.
E.
No outdoor storage is allowed.
F.
There shall be no more than five client/customer visits
to the property per week and such visitation shall take place only
between the hours of 8:00 a.m. and 6:00 p.m.
G.
No retail sales of merchandise held for resale and
no rentals are permitted on the premises. Automotive or vehicular
repair of any kind is specifically forbidden as a home occupation.
H.
Site plan approval is not required. However, a plan, to scale, shall
be submitted with the application showing the area dedicated for the
home professional use within the residential dwelling space.
I.
Home occupations shall not cause any off-site noise,
odors, radiation, glare, radio or television interference, or other
similar negative impacts.
J.
No toxic or hazardous materials that would constitute
a danger to the environment or neighboring properties shall be stored
on the premises. This provision shall not apply to the storage or
use of chemicals or other materials customarily retained for household
use.
K.
Home occupations shall be allowed no more than two
nonpassenger car deliveries per day, excluding United States mail
delivery. Such deliveries shall be provided by means of vehicles no
larger than a step-van.
L.
No signs shall be permitted.
M.
No additional parking, other than that required for the residential
use, shall be permitted.
N.
Any alteration to the dwelling for the home occupation
shall maintain the residential character and appearance of the building.
No permit shall be issued in connection with
the development of a property determined to contain steep slope areas
and/or crest lines except in accordance with the requirements of this
section. It is the intent of these provisions to protect the character
and integrity of the mountainous portions of the Township, to minimize
the disturbance of steep slope areas in order to curtail erosion,
siltation, surface water runoff, and soil slippage, to respect the
natural terrain of the area and its links with and impacts upon adjoining
municipalities, and to protect the unique and predominant views that
such areas both afford and are a part of.
A.
The schedule of regulations entitled "Schedule of
Steep Slope Requirements, Cedar Grove Township Zoning Ordinance" and
attached hereto, applying to the land buildings, yards, and other
open spaces to be provided for steep slope properties in the R-18,
R-30, and R-40 zones, is hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: The Schedule of Steep Slope Requirements is included as an attachment to this chapter.
B.
Whenever a lot is proposed to be created or an existing
lot is proposed to be developed or constructed upon which contains
steep slopes, the Schedule of Steep Slope Requirements shall apply
and supersede the requirements contained in the Schedule of Requirements
of the Code of the Township of Cedar Grove wherever the schedules
are inconsistent with one another.
A lot or lots upon which is located a crest
line, as defined in this chapter, shall be subject to the following
provisions:
A.
In connection with each application for development
or at the time of issuance of a building permit, if no crest line
has been established pursuant to this section, a crest line, as defined
in this chapter, shall be established on each lot included in a development
application or upon which construction is proposed. The applicant
shall establish the proposed crest line on a map or plan sufficient
for review by the agency from which approval is sought. The agency
to which an application for development or application for a building
permit is made shall establish the crest line, subsequent to review
and report by the Township Engineer in connection with the applicant's
plan.
B.
Along the crest line, and within a distance of 30
feet of the crest line, there shall be no structures; no fill, excavation
or other alteration of the natural grade; and no cutting, removal,
damage or destruction of living trees over six inches in diameter,
measured at two feet above the ground.
C.
No building which exceeds 1 1/2 stories above grade
or 24 feet in height, and no portion of any such building, shall be
constructed within 60 feet of a crest line.
D.
In connection with any development application or any application for a building permit to which this section applies, the developer or applicant for a building permit shall submit a plan which identifies the location of each tree protected by Subsection B of this section, together with a plan in sufficient detail to show how the trees will be protected from damage during the course of construction. Such plans shall be reviewed by the Environmental Commission of the Township of Cedar Grove for their accuracy in the location of trees before being approved in connection with a development application or application for a building permit unless such Commission fails to render a report within 30 days of the submission of the plans to it, in which case, the plan may be approved without such report.
E.
In addition to the remedies and penalties provided
in this chapter, no temporary or permanent certificate of occupancy
shall be issued in connection with any construction on any lot on
which occurs a violation of this section of the Code of the Township
of Cedar Grove. In the event of a violation, the Planning Board of
the Township of Cedar Grove shall review any proposed plan of mitigation
or correction of the violation. Approval of such a plan shall remove
the impediment to the issuance of a certificate of occupancy, provided
that a cash escrow, in a sufficient amount to effectuate such plan
of mitigation, is deposited with the Township of Cedar Grove, together
with a written agreement from the owner of the property in question
authorizing the Township of Cedar Grove to enter the property to effectuate
the plan in the event of default.
A.
The height limitations of this chapter shall not apply
to chimneys, church spires, cupolas, standpipes, flagpoles, transmission
towers, radio or television antennas or towers, cables, scenery lofts
or water tanks and similar structures and necessary mechanical appurtenances,
for the zone in which the structure is located, provided that:
(1)
In the case of a spire, cupola or other similar building
feature, or of a roof-mounted structure such as an antenna, no such
feature or structure shall cover at any level more than 10% of the
area of the roof of the building it is a part of or on which it is
located, nor shall exceed the prescribed building height limitation
by more than 10 feet.
(2)
In the case of a chimney, flue, or other similar exhaust
vent, no such feature shall exceed the prescribed building height
limitation by more than three feet. In the event the building construction
code in effect at the time such structure is proposed requires a higher
clearance, such structure shall extend no higher than the minimum
height necessary to meet such standard.
(3)
In the case of a freestanding flagpole, transmission
tower, radio or television tower, water tank, or similar structure
and its necessary mechanical appurtenances, no such structure shall
exceed the prescribed principal building height limitation by more
than 10 feet. Where such structures exceed 15 feet in height, same
shall be set back from all property lines a distance equal to at least
their height.
B.
No tower shall be used as a place of habitation or
for tenant purposes. No sign, nameplate, display or advertising device
of any kind whatsoever shall be inscribed upon or fastened to any
structure which extends above the zone height limitations. Parapet
walls and false mansards may extend not more than four feet above
the height limit.
C.
Any lawfully existing one-family dwelling in a residential
zone which does not meet a yard setback requirement for the zone in
which it is located may be expanded vertically along the line of the
encroachment, up to the maximum height limitations of this chapter,
provided that:
(1)
The use of the lot conforms fully to the requirements
of this chapter;
(2)
No additional violation(s) or extension or enlargement
of any existing violation(s) such as yard setbacks or lot coverage
is proposed;
(3)
The foundation and/or first story over which the addition
will be constructed, lawfully preexists.
