In addition to uses specifically prohibited
by this chapter, no building, structure or land shall be used nor
shall any building, structure or part thereof be erected or altered
nor shall any use of land be changed, where said use, erection or
alteration of land, structure or building is intended, arranged or
designed to be used, in whole or in part, for any use or purpose except
the uses specifically allowed by right or as conditional uses for
each zone as specified herein. The omission of any use or type of
use herein shall be deemed to be an exclusion thereof from all zones.
A.
Purpose. The purpose of this district is to maintain
the existing low-density single-family character of the zone. The
intrusion of two-family homes, home occupations and home professional
office uses, multifamily residential uses and other nonresidential
uses is not intended, as this would conflict with the low-intensity
residential character of the zone.
C.
Permitted accessory uses and structures. The following
accessory uses and structures shall be permitted:
(2)
Private residential garages, pursuant to § 421-48J, which provides that private residential garages shall not exceed 25 feet by 25 feet in size (double garage), nor exceed 15 feet in height.
[Amended 4-11-2005 by Ord. No. O-11-05]
(3)
Patios and decks.
(10)
Accessory uses and structures customary and
incidental to the principal use.
A.
Purpose. The purpose of this district is to maintain
and strengthen the single-family character of the zone except as provided
for. Accessory apartments, two-family dwellings, or multiple-family
residences are not permitted. Residentially supportive institutional
establishments and home occupations are to be permitted subject to
additional requirements tailored to meet larger and more intensive
uses. Residential health care facilities and home professional offices
are permitted subject to conditional use requirements.
D.
Conditional uses. The following uses shall be permitted in the R-2 Medium-Density Single-Family Zones, provided they meet the conditions set forth in Article VII:
(1)
Home professional offices, but only on lots which front on the following streets: Grand Avenue, Hazelwood Avenue, Milton Street, St. Georges Avenue, Scott Avenue, and Westfield Avenue, and in accordance with § 421-58.
(2)
Accessory apartments, but only within single-family detached dwellings on lots located on Grand Avenue between St. Georges Avenue and Elizabeth Avenue in accordance with § 421-56.
(3)
Two- and three-family uses but only on lots with frontage on West Grand Avenue located between St. Georges Avenue and Elizabeth Avenue, and in accordance with § 421-57.
E.
Prohibited uses. The following uses shall be prohibited:
(1)
Two-family uses, except as permitted by conditional use as permitted in §§ 421-14D(3) and 421-57.
(2)
Multiple-family dwellings or apartments or accessory apartments, except three-family dwellings as permitted by conditions in §§ 421-14D(3) and 421-57.
(3)
Boardinghouses or rooming houses.
(4)
Utility installations.
(5)
All other nonresidential uses except as provided herein.
A.
Purpose. The purpose of this district is to encourage
the establishment of moderate-density multifamily uses, comprising
low-rise or garden apartments and townhouses. Supportive or accessory
uses which are compatible with such residential uses, such as civic
and philanthropic uses and home professional offices, are also appropriate.
B.
Permitted principal uses. The following principal
uses shall be permitted:
C.
Permitted accessory uses and structures. The following
accessory structures shall be permitted:
(1)
Any accessory use or structure permitted in the R-1
Low-Density Single-Family Residential Zone.
(3)
Accessory uses customary and incidental to townhouse
and low-rise apartment developments, for the private use of the residents
therein only, including but not limited to indoor exercise or health
club facilities, laundry facilities and outdoor recreation facilities.
A.
Purpose. The purpose of this district is to encourage
the establishment of multifamily housing at moderately high densities
along with appropriate supportive and accessory uses.
A.
Purpose. The purpose of this district is to encourage
small retail facilities which provide goods and services which can
satisfy the daily shopping needs of local residents. Small-scale civic
and philanthropic uses, and cultural or quasi-educational uses, are
also encouraged. Residential apartments above the ground floor, subject
to certain conditions, are also appropriate.
B.
Permitted principal uses. The following principal
uses shall be permitted:
(1)
Convenience retail uses.
(2)
Specialty or comparative retail uses.
(3)
Personal service uses.
(4)
Restaurants, excluding drive-through or drive-in restaurants.
(5)
Eating and drinking establishments.
(6)
Professional offices.
(7)
Medical and dental offices.
(8)
Banks, but not drive-in or drive-through banks.
(9)
Quasi-educational uses.
(10)
Cultural facilities.
(11)
Child care centers.
C.
D.
Prohibited uses. The following uses shall be prohibited:
(1)
Hotels or motels.
(2)
Bars or taverns.
(3)
Drive-in or drive-through establishments.
(4)
Automotive uses of any kind.
(5)
Utility installations.
(6)
Manufacturing, wholesale, storage, warehouse or distribution
facilities.
(7)
Liquor stores.
(8)
Cigar bars.
[Added 10-10-2017 by Ord.
No. O-29-17]
(9)
Hookah lounges.
[Added 10-10-2017 by Ord.
No. O-29-17]
(10)
Tobacco stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
(11)
Smoke stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
A.
Purpose. The purpose of this district is to encourage
a mix of convenience and comparative shopping opportunities to both
residents in the neighboring residential areas as well as to customers
passing by on their way to and from other destinations in the region.
Freestanding retail uses are permitted, but comprehensively planned
shopping centers are encouraged.
B.
Permitted principal uses. The following principal
uses are permitted:
(1)
Convenience retail uses.
(2)
Specialty or comparative retail uses.
(3)
Personal service uses.
(5)
Restaurants, including drive-through restaurants in accordance with the provision of § 421-37, and restaurants with plenary retail consumption licenses.
(6)
Eating and drinking establishments.
(7)
Professional offices.
(8)
Medical and dental offices.
(9)
General and business offices.
(10)
Banks, including drive-in or drive-through banks in accordance with the provisions of § 421-38.
(11)
Quasi-educational uses.
(12)
Civic and philanthropic uses.
(13)
Public uses.
(14)
Commercial recreation uses.
(16)
Child-care centers.
C.
Permitted accessory uses and structures. The following
accessory uses and structures are permitted:
(1)
Any accessory use or structure permitted in the B-1
Neighborhood Business Zone.
D.
Conditional uses. The following uses shall be permitted in the B-2 Regional Business Zone, provided they meet the conditions set forth in Article VII:
E.
Prohibited uses. The following uses shall be prohibited:
(1)
Hotels or motels.
(2)
Bars and taverns.
(3)
Drive-in restaurants.
(4)
Automotive repair garages or automobile washes.
(5)
Manufacturing, wholesale, storage, warehouse or distribution
facilities.
(6)
Utility installations.
(7)
All residential uses.
(8)
Cigar bars.
[Added 10-10-2017 by Ord.
No. O-29-17]
(9)
Hookah lounges.
[Added 10-10-2017 by Ord.
No. O-29-17]
(10)
Tobacco stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
(11)
Smoke stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
A.
Purpose. The purpose of this district is to provide
goods and services for both local and regional customers as they pass
through Rahway on their way to and from regional destinations. Automobile-oriented
uses are encouraged, with the exception of automotive repair establishments.
B.
Principal permitted uses. The following principal
uses shall be permitted:
(1)
Specialty or comparative retail uses.
(2)
Business service uses.
(4)
Restaurants, including drive-through restaurants, in accordance with the provisions of § 421-37.
(5)
Eating and drinking establishments.
(6)
Public uses.
(8)
Self-service storage facilities.
(10)
Parks and playgrounds.
(11)
Marinas.
C.
Permitted accessory uses and structures. The following
accessory uses and structures shall be permitted:
(1)
Any accessory use or structure permitted in the B-1
Neighborhood Business Zone.
D.
E.
Prohibited uses. The following uses shall be prohibited:
A.
Purpose. The purpose of this district is to encourage
a mixed-use environment at the fringes of the central business district.
Except for automobile-oriented uses, all forms of retail, office and
multifamily residential uses are encouraged. Arts-related uses and
artists' live/work spaces would be permitted within this zone north
of the railroad trestle. Development which helps to preserve, protect
or enhance buildings of historic or architectural importance is encouraged.
B.
Permitted principal uses. The following principal
uses are permitted:
[Amended 8-10-1998 by Ord. No. O-39-98; 4-11-2005 by Ord. No. O-11-05]
(1)
Convenience retail uses.
(2)
Specialty or comparative retail uses.
(3)
Business service uses.
(4)
Restaurants, excluding drive-in or drive-through restaurants.
(5)
Eating and drinking establishments.
(6)
Professional offices.
(7)
Medical and dental offices.
(8)
General and business offices.
(9)
Banks, excluding drive-in or drive-through banks.
(10)
Civic and philanthropic uses.
(11)
Public uses.
(12)
Child-care centers.
(13)
Quasi-educational uses.
(14)
Cultural facilities.
(15)
Commercial recreation uses.
(16)
Taxi stands.
(20)
Funeral parlors or mortuaries.
(21)
Parks and playgrounds.
(22)
Personal services uses. No personal service use shall be located
within 1,000 feet of the same (type) use.
[Added 6-15-2011 by Ord. No. O-18-11]
C.
Permitted accessory uses and structures. The following
accessory uses and structures are permitted:
D.
Prohibited uses. The following uses shall be prohibited:
(1)
Hotels or motels.
(2)
Shopping centers.
(3)
Any drive-in or drive-through establishment.
(4)
Automotive uses of any kind.
(5)
Utility installations.
(6)
Manufacturing, wholesale, storage, warehouse or distribution
facilities.
(7)
Bars and taverns.
(8)
Liquor stores.
(9)
Check cashing services as a principal or accessory
use.
[Added 4-11-2005 by Ord. No. O-11-05]
(10)
Pawnshops.
[Added 4-11-2005 by Ord. No. O-11-05]
(11)
Tattoo parlors; body piercing facilities.
[Added 4-11-2005 by Ord. No. O-11-05]
(12)
"Dollar" stores.
[Added 4-11-2005 by Ord. No. O-11-05]
(13)
Thrift stores; consignment shops; secondhand
stores.
[Added 4-11-2005 by Ord. No. O-11-05]
(14)
Stores that sell primarily used articles of
clothing or other used goods, excluding those stores that sell antiques.
[Added 4-11-2005 by Ord. No. O-11-05]
(15)
Shops which offer for sale firearms and/or ammunition.
[Added 4-11-2005 by Ord. No. O-11-05]
(16)
Palm reader, tarot card reader, fortune teller
and psychics.
[Added 4-11-2005 by Ord. No. O-11-05]
(17)
Self-service laundry/dry cleaning.
[Added 4-11-2005 by Ord. No. O-11-05]
(19)
Cigar bars.
[Added 10-10-2017 by Ord.
No. O-29-17]
(20)
Hookah lounges.
[Added 10-10-2017 by Ord.
No. O-29-17]
(21)
Tobacco stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
(22)
Smoke stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
A.
Purpose. The purpose of this district is to create
a vibrant, pedestrian-oriented mixed-use downtown environment, in
which convenience, specialty and comparative and personal service
retail uses are provided for at street level, along with banks, public
and entertainment and cultural uses. Professional and business offices
and apartments are encouraged above the ground floor, while automotive-oriented
uses and industrial uses are discouraged.
B.
Permitted principal uses.
(1)
The following uses shall be permitted on all floors:
[Amended 8-10-1998 by Ord. No. O-39-98; 4-11-2005 by Ord. No. O-11-05]
(a)
Convenience retail uses.
(b)
Specialty and comparative retail uses.
(c)
Restaurants, and restaurants with plenary retail
consumption licenses, excluding drive-through or drive-in restaurants.
(d)
Eating and drinking establishments.
(e)
Banks, excluding drive-in or drive-through banks.
(f)
Civic and philanthropic uses.
(g)
Public uses.
(h)
Child-care centers.
(i)
Cultural facilities.
(j)
Commercial recreation uses.
(k)
Taxi stands.
(m)
Parks and playgrounds.
(n)
Personal services uses. No personal service use shall be located
within 1,000 feet of the same (type) use.
[Added 6-15-2011 by Ord. No. O-18-11]
C.
Permitted accessory uses and structures. The following
accessory uses and structures shall be permitted:
(1)
Any accessory use or structure permitted in the B-4
Service Business Zone.
D.
Prohibited uses. The following uses shall be prohibited:
(1)
Hotels or motels.
(2)
Shopping centers.
(3)
Any drive-in or drive-through establishment.
(4)
Automotive uses of any kind.
(5)
Utility installations.
(6)
Manufacturing, wholesale, storage, warehouse or distribution
facilities.
(7)
Bars and taverns.
(8)
Liquor stores.
(9)
Check cashing services as a principal or accessory
use.
[Added 4-11-2005 by Ord. No. O-11-05]
(10)
Pawnshops.
[Added 4-11-2005 by Ord. No. O-11-05]
(11)
Tattoo parlors; body piercing facilities.
[Added 4-11-2005 by Ord. No. O-11-05]
(12)
"Dollar" stores.
[Added 4-11-2005 by Ord. No. O-11-05]
(13)
Thrift stores; consignment shops; secondhand
stores.
[Added 4-11-2005 by Ord. No. O-11-05]
(14)
Stores that sell primarily used articles of
clothing or other used goods, excluding those stores that sell antiques.
[Added 4-11-2005 by Ord. No. O-11-05]
(15)
Shops which offer for sale firearms and/or ammunition.
[Added 4-11-2005 by Ord. No. O-11-05]
(16)
Palm reader, tarot card reader, fortune teller
and psychics.
[Added 4-11-2005 by Ord. No. O-11-05]
(17)
Self-service laundry/dry cleaning.
[Added 4-11-2005 by Ord. No. O-11-05]
(19)
Cigar bars.
[Added 10-10-2017 by Ord.
No. O-29-17]
(20)
Hookah lounges.
[Added 10-10-2017 by Ord.
No. O-29-17]
(21)
Tobacco stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
(22)
Smoke stores.
[Added 10-10-2017 by Ord.
No. O-29-17]
A.
Purpose. The purpose of this district is to create
a comprehensively planned and designed high-density, mixed-use development
comprised of waterfront and/or central business district office buildings,
residential apartment complexes, recreational or entertainment uses,
and public facilities which would complement rather than compete with
the convenience, specialty and comparative retail uses and personal
service uses within the central business and service business zones.
A limited amount of retail space would be provided in conjunction
with the principal permitted uses in the zone. On-site parking, landscaping
and open space, public access to the waterfront and pedestrian linkages
to the downtown are to be provided.
B.
Permitted principal uses. The following principal
uses shall be permitted:
(1)
Planned mixed-use developments, but only in accordance with the provisions of § 421-44.
(d)
Public uses.
(e)
Professional offices.
(f)
Medical and dental offices.
(g)
General and business offices.
(h)
Restaurants, including restaurants with plenary
retail consumption licenses.
(j)
Commercial recreational uses.
(k)
Cultural facilities.
(l)
Child-care centers.
(m)
Parks and playgrounds.
(n)
Bars and taverns.
(o)
Any drive-in or drive-through establishments.
C.
Permitted accessory uses and structures. The following
accessory uses and structures shall be permitted:
(1)
Accessory uses or structures permitted in the B-1
Neighborhood Business Zone.
(2)
Public parking lots, parking garages or parking structures.
Such parking garages and structures shall meet the lot, height and
yard requirements for principal uses in the zone.
(3)
Customary and accessory uses which are necessary and
incidental to the principal uses, including but not limited to small
retail facilities primarily for the use of employees, residents or
visitors of the development.
A.
Purpose. The purpose of the O-R Office-Research Zone
is to provide for the expansion and development of land uses for research,
engineering, product development (nonmanufacturing) and related executive
and administrative offices in the City of Rahway, to provide for a
compatible relationship with abutting industrial and residential land
uses, and to provide for the safe and efficient flow of vehicles to
and from the office-research areas.
B.
Permitted principal uses. The following uses shall be permitted, provided they meet the requirements set forth in this section and the supplementary requirements in § 421-45 for office-research developments:
C.
Permitted accessory uses and structures. The following
accessory uses and structures shall be permitted:
(1)
Any accessory uses and structures permitted in the
B-1 Neighborhood Business Zone.
(2)
Other uses customary and incidental to the permitted
principal uses.
(3)
The following uses, provided they meet the lot, height
and yard requirements for principal uses in the zone:
(a)
Parking garages or parking structures.
(b)
Gatehouses and security structures.
(c)
Services and facilities for the exclusive use
of employees, including indoor and outdoor recreational facilities,
cafeterias, health care centers, credit unions, and laundry and dry-cleaning
facilities.
(d)
Day-care centers primarily for the use of employees
in the O-R Office-Research Zone.
(e)
Helistops.
(f)
Equipment used for transmitters and receiving
radio and electromagnetic waves, including parabolic antennas.
E.
Prohibited uses. The following uses shall be prohibited:
[Amended 7-22-2021 by Ord. No. O-24-21]
A.
Purpose. The purpose of this district is to encourage the development
of light industrial and warehouse developments which meet modern industrial
performance standards, providing for safe access by vehicular and
truck traffic, with well laid-out buildings, off-street parking and
loading areas, and landscaped open space.
B.
Permitted principal uses. The following principal uses shall be permitted:
(1)
General and business offices.
(2)
Research laboratory.
(3)
Pilot manufacturing plants.
(4)
Light manufacturing uses.
(5)
Warehouse and distribution.
(6)
Wholesale trade and storage.
(7)
Business services.
(8)
Vocational and technical schools.
(9)
Animal hospitals.
(10)
Storage facilities, except establishments storing noncontainerized
combustible materials.
(11)
Self-service storage facilities.
(12)
Marinas.
(13)
Parks and playgrounds.
C.
Permitted accessory uses and structures. The following accessory
uses and structures shall be permitted:
(1)
Any accessory uses and structures permitted in the B-1 Neighborhood
Business Zone.
D.
Conditional uses. The following uses shall be permitted in the I-L Light Industrial Zone, provided they meet the conditions set forth in Article VII:
(2)
Building supply or lumberyards and establishments which store noncontainerized
combustible materials.
(3)
Trailer, outdoor recreational equipment, swimming pools, boat and marine equipment and sales, in accordance with § 421-63.
(8)
Class 2 License: Cannabis manufacturer for medical or personal use in accordance with § 421-64.1.
A.
Purpose. The purpose of this district is to provide
for both light manufacturing and heavier manufacturing operations
which exist within the zone to continue to operate, provided such
operations adhere to the performance standards established in these
Land Use Regulations and other mandated state and federal environmental
laws and requirements.
B.
Permitted principal uses. The following uses shall
be permitted:
[Amended 4-11-2005 by Ord. No. O-11-05]
C.
Permitted accessory uses and accessory structures.
The following accessory uses and structures shall be permitted:
(1)
Any accessory uses and structures permitted in the
I-L Light Industrial Zone.
D.
Conditional uses. The following uses shall be permitted in the I-H Heavy Industrial Zone, provided they meet the conditions in Article VII:
(4)
Class 1 License: Cannabis cultivator for medical or personal use in accordance with § 421-64.1.
[Added 7-22-2021 by Ord. No. O-24-21]
(5)
Class 2 License: Cannabis manufacturer for medical or personal use in accordance with § 421-64.1.
[Added 7-22-2021 by Ord. No. O-24-21]
(6)
Class 3 License: Cannabis wholesaler for medical or personal use in accordance with § 421-64.1.
[Added 7-22-2021 by Ord. No. O-24-21]
(7)
Class 4 License: Cannabis distributor for medical or personal use in accordance with § 421-64.1.
[Added 7-22-2021 by Ord. No. O-24-21]
A.
Purpose. The purpose of this district is to provide
for the open space needs of the citizens of the City of Rahway, preserving
all land currently owned by the city and County of Union that has
been reserved for park, flood protection or conservation purposes.
C.
Permitted accessory uses and structures. Customary
and accessory uses and structures which are necessary or incidental
to the principal uses shall be permitted.
A.
Purpose. The purpose of this district is to provide
for a hospital as well as adjunctive health care facilities located
adjacent to the hospital.
C.
Permitted accessory uses and structures. Customary
and accessory uses and structures which are necessary and incidental
to the principal use shall be permitted.
A.
Purpose.
(1)
The purpose of this section is to promote the
educational, cultural, economic and general welfare of the city through
the preservation of historic structures, streetscapes and districts
through the development and maintenance of appropriate settings for
such structures, streetscapes and districts which impart to residents
and visitors alike a distinct aspect of the city and which serve as
visible reminders of the historical and cultural heritage of the city,
state and the nation.
(2)
To accomplish this purpose, the city has adopted
provisions intended to:
(a)
Safeguard the heritage of the city by preserving
resources within the city which reflect elements of its cultural,
social, economic and architectural history;
(b)
Encourage the continued use of historic structures
and to facilitate their appropriate reuse;
(c)
Promote appreciation of historic structures,
streetscapes and districts for education, pleasure and the welfare
of the local population;
(d)
Maintain and develop an appropriate and harmonious
setting for the historic and architecturally significant structures,
streetscapes or districts within the City of Rahway;
(e)
Foster beautification and private reinvestments;
(f)
Manage change by preventing alteration or new
construction not in keeping with the districts;
(g)
Discourage the unnecessary demolition of historic
resources;
(h)
Recognize the importance of individual historic
structures and streetscapes located outside of a district by urging
property owners and tenants to maintain their properties in keeping
with the requirements and standards of this chapter;
(i)
Encourage the proper maintenance and preservation
of historic settings and landscapes;
(j)
Enhance the visual and aesthetic character,
diversity, continuity and interest of the city;
(k)
Promote the conservation of historic structures,
streetscapes and districts and to invite voluntary compliance.
B.
Applicability. Any and all lands which are designated as historic structures or streetscapes or lie within an historic district as delineated pursuant to § 421-7 shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed. The following criteria shall be used in designating a structure, streetscape or district as historic:
(1)
The structure, streetscape or district is of
particular historic significance to the City of Rahway by reflecting
or exemplifying the broad cultural, political, economic, or social
history of the nation, state or community; or
(2)
The structure, streetscape or district is associated
with historic personages important in national, state, or local history;
or
(3)
The structure, streetscape or district is an
embodiment of the distinctive characteristics of a type, period, or
method of architecture or engineering; or
(4)
The structure, streetscape or district is an
embodiment of the distinctive characteristics of a type, period, or
method of architecture or engineering; or
(5)
The structure, streetscape or district is representative
of the work of an important builder, designer, artist, or architect;
or
(6)
The structure, streetscape or district is significant
for containing elements of design, detail, materials, or craftsmanship
which represent a significant innovation; or
(7)
The structure, streetscape or district is able
or likely to yield information important in prehistory or history.
C.
Regulated activities.
(1)
For purposes of § 421-28.1, regulated activities on an historic structure, streetscape or within an historic district shall include the following:
(a)
Demolition of any historic structure or an improvement
within an historic district or streetscape.
(b)
Relocation of any building, structure or improvement.
(c)
Change in the exterior appearance of any building,
structure or improvement by addition, reconstruction, alteration,
replacement or maintenance.
(d)
Any addition or new construction of an improvement.
(e)
Replacement, changes in, or addition of signs,
shutters, outdoor displays, fences and hedges, street furniture, awnings,
off-street driveway and parking materials, or exterior lighting.
(f)
Installation or replacement of sidewalks, porches,
fire escapes, solar panels, and satellite dish antennas.
(2)
In no instance shall the following be considered
regulated activities:
(a)
Changes to the interior of structures.
(b)
Ordinary repairs and maintenance or the exact
replacement of any existing architectural details that are otherwise
permitted by law, provided this work on an historic landmark does
not alter the exterior appearance of the building. The following are
some of the activities which may be permitted according to this criteria:
[1]
Complete identical replacement of existing windows
and doors.
[2]
Repair of existing windows and doors involving
no change in their design, scale or appearance. Installation of storm
windows and doors.
[3]
Complete replacement of existing material with
identical material.
[4]
Maintenance and repair of existing roofing material
involving no change in the design, scale or appearance of the structure.
[5]
Structural repairs which do not alter the exterior
appearance of the building.
[6]
Complete identical replacement of existing roof
structures such as cupolas, dormers and chimneys, or the repair of
same which does not alter their exterior appearance.
[7]
Complete replacement of existing shingles, clapboards,
or other siding with identical material.
[8]
Maintenance and repair of existing shingles,
clapboards, or other siding involving no change in design, scale or
appearance of the structure.
[9]
Exterior painting of existing structures. The
Commission may recommend colors harmonious with those currently used
in the historic district.
D.
Historic Preservation Commission review required.
(1)
No person shall hereafter engage or cause other
persons to engage in any regulated activity on an historic structure
or within an historic streetscape or district as defined herein unless
and until such person shall have applied for and received a development
permit from the Zoning Officer.
(2)
At the discretion of the Zoning Officer, all applications for issuance of permits pertaining to regulated activities on an historic landmark or within an historic district as set forth in § 421-28.1C may be referred to the Historic Preservation Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, P.L. 1975, c. 291. The Historic Preservation Commission shall submit its written report to the Zoning Officer and shall send a copy of the report to the applicant within 45 days of its referral to the Commission. If within the forty-five-day period the Historic Preservation Commission recommends against the issuance of a permit or recommends conditions to the permit to be issued, the Zoning Officer may deny issuance of the permit or include the conditions in the permit of the Historic Preservation Commission. Failure to report within the forty-five-day period shall be deemed to constitute a recommendation in favor of issuance of the permit and without the recommendation of conditions to the permit.
(3)
Applications for development which are in an historic streetscape or district or on an historic structure designated pursuant to § 421-7 and require approval by the Planning Board or Board of Adjustment may at the discretion of the Zoning Officer be referred directly to the appropriate Board. The Board shall forward a copy of the complete application to the Historic Preservation Commission at least 14 days prior to the hearing. Failure to forward the copy shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
(4)
Historic Preservation Commission review shall not be required when an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with city codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. At the Zoning Officer's discretion, a request for the Commission's review may be made as soon as possible thereafter, and under such circumstances no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in § 421-50.
(5)
In its review of applications for demolition of an historic landmark or an improvement in an historic district pursuant to § 421-28.1D(2) and (3), the Historic Preservation Commission may recommend, and the Zoning Officer may require, the postponement of demolition for a period not to exceed one year. The Commission shall utilize this time period to consult with the City Council, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the city may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition thereof would be a great loss to the city. The city shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare financial analysis, which may include any or all of the following:
(a)
Amount paid for the property, date of purchase,
and party from whom purchased, including a description of the relationship,
whether business or familial, if any, between the owner and the person
from whom the property was purchased;
(b)
Assessed value of the land and improvements
thereon according to the most recent assessment;
(c)
For depreciable properties, a pro forma financial
statement prepared by an accountant or broker of record;
(d)
All appraisals obtained by the owner in connection
with his purchase or financing of the property, or during his ownership
of the property;
(e)
Bona fide offers of the property for sale or
rent price asked, and offers received, if any;
(f)
Any considerations by the owner as to profitable,
adaptive uses for the property.
(6)
The Commission shall study the question of economic
hardship for the applicant and shall determine whether the site or
the property in the historic district can be put to reasonable beneficial
use without the approval of the demolition application. In the case
of an income-producing building, the Commission shall also determine
whether the applicant can obtain a reasonable return from his existing
building. The Commission may ask applicants for additional information
to be used in making these determinations. All final decisions shall
be made by the Zoning Officer acting on the recommendation of the
Historic Preservation Commission.
E.
Certificate of appropriateness.
(1)
Where an application for development is referred by the Zoning Officer to the Historic Preservation Commission for review pursuant to § 421-28.1D(2), the applicant shall be required to submit an application for certificate of appropriateness to the Zoning Officer. As part of this application, the Historic Preservation Commission may require the submission of such materials as are reasonably required for it to make a recommendation on the application. This application shall accompany the application for development when it is referred to the Historic Preservation Commission for review and must be complete in order to be considered. The Historic Preservation Commission shall advise the applicant in writing of the time, date, and place of the meeting at which the matter will be reviewed at least three days prior to the meeting.
(2)
The Historic Preservation Commission may advise
other interested parties of the meeting and may publish notices of
the meeting in the newspaper. The applicant shall not be required
to appear or to be represented at the meeting. The applicant may appear
at the meeting and may submit additional information if he so chooses.
F.
Time limit and effect of certificate of appropriateness.
A certificate of appropriateness, which shall only be granted by the
Zoning Officer upon a recommendation by the Historic Preservation
Commission, shall confer upon the applicant the right that the general
terms and conditions upon which the certificate was granted shall
not be changed for one year. Any certificate hereafter granted shall
expire by limitation unless the approved activity has commenced within
one year of the date of the certificate. The Zoning Officer, acting
on the advice of the Historic Preservation Commission, may extend
the time period. Where other approvals or permits are required pursuant
to this chapter, the certificate of appropriateness shall be valid
for the life of those approvals or permits or extensions thereof.
A.
Purpose and legislative intent. It is hereby found
that the Rahway River and its tributaries, the North Branch, the South
Branch and Robinson's Branch, and their tributaries within the City
of Rahway are subject to recurrent flooding and that such flooding
endangers life and damages public and private property and facilities
and that this condition is aggravated by developments and encroachments
in the floodplain. It is determined, therefore, that the special and
paramount public interest in the floodplain justifies the regulation
of property located therein, as provided in this section, which is
in the exercise of the police power of the municipality for the protection
of persons and property of its inhabitants and for the preservation
of public health, safety and general welfare.
B.
Floodplain Prevention Overlay Zone boundaries. The boundaries of the Floodplain Prevention Overlay Zone boundaries shall coincide with and include all land within the City of Rahway within an area of special flood hazard as defined in § 213-3 of Chapter 213, Flood Damage Prevention, and is delineated on the Flood Insurance Rate Map (enter title, latest revision date), which is on file at the office of the City Engineer of the City of Rahway.
C.
Applicability. All developments or development applications which are located within the areas of special flood hazard as defined in § 213-3 of Chapter 213, Flood Damage Prevention, shall be subject to the provisions of Chapter 213, Flood Damage Prevention, in addition to the requirements or provisions of the underlying zone. Whichever regulation shall impose the more stringent restriction, that regulation shall prevail and take precedence.
[Added 10-12-2021 by Ord. No. O-40-21]
A.
Purpose. The purpose of this district is to encourage commercial
development and mixed-use development with commercial and office uses
on the ground floor and apartments above.
B.
Permitted principal uses. The following principal uses shall be permitted:
(1)
Convenience retail uses.
(2)
Specialty or comparative retail uses.
(3)
Personal service uses.
(4)
Restaurants, including restaurants with plenary retail consumption
licenses, excluding drive-through or drive-in restaurants.
(5)
Eating and drinking establishments.
(6)
Professional offices.
(7)
Medical and dental offices.
(8)
Banks, but not drive-in or drive-through banks.
(9)
Quasi-educational uses.
(10)
Fitness and dance studios.
(11)
Cultural facilities.
(12)
Childcare centers.
(13)
Live-work units.
C.
Permitted accessory uses and structures. The following accessory
uses and structures are permitted:
(1)
Private off-street parking structures located within the principal building, off-street parking lots to support the principal use, and off-street loading in accordance with § 349-5 of Chapter 349, Site Plan Review, except minimum number of parking spaces. Minimum number of parking spaces shall be subject to § 421-28.3H herein.
(6)
Decks.
D.
Prohibited uses. The following uses shall be prohibited:
(1)
Hotels or motels.
(2)
Bars or taverns.
(3)
Drive-in or drive-through establishments.
(4)
Automotive uses of any kind.
(5)
Utility installations.
(6)
Manufacturing, wholesale, storage, warehouse or distribution
facilities.
(7)
Liquor stores.
(8)
Cigar bars.
(9)
Hookah lounges.
(10)
Tobacco and smoke stores.
E.
Bulk requirements for lots greater than or equal to 10,000 square
feet.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 75 feet.
(3)
Minimum front yard setback: zero feet.
(4)
Maximum front yard setback: 10 feet.
(5)
Minimum side yard setback (one): zero feet; buildings shall
not come within three feet of existing windows and doors.
(6)
Minimum side yard setback (both): zero feet; buildings shall
not come within three feet of existing windows and doors.
(7)
Minimum rear yard setback: 25 feet.
(8)
Maximum building height (stories): three.
(9)
Maximum building height (feet): 40.
(10)
Maximum building coverage: 70%.
(11)
Maximum impervious coverage: 80%.
(12)
Minimum ground floor facade transparency: 40%.
F.
Bulk requirements for lots less than 10,000 square feet.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum front yard setback: 20 feet.
(4)
Minimum side yard setback (one): four feet.
(5)
Minimum side yard setback (both): 12 feet.
(6)
Minimum rear yard setback: 25 feet.
(7)
Maximum building height (stories): 2.5.
(8)
Maximum building height (feet): 35.
(9)
Maximum building coverage: 50%.
(10)
Maximum impervious coverage: 70%.
(11)
Minimum ground floor facade transparency: 40%.
G.
Apartments.
(1)
Each apartment shall have its own entrance to a hallway, staircase
or to the exterior.
(2)
The ground floor entrance to the apartment unit or units shall
be separate from the entrance to the ground floor use.
(3)
An applicant or developer shall provide credible evidence to
the satisfaction of the reviewing board that sufficient parking spaces
are available and/or reserved in either public or private off-street
parking lots for the overnight parking of vehicles of the prospective
tenants of the apartment or apartments.
(4)
Such apartments located on properties less than 10,000 square
feet shall be a minimum of 350 square feet for one-room studio or
efficiency apartments and 150 square feet for each additional bedroom,
but in no case contain more than two bedrooms. Apartments located
on properties greater than 10,000 square feet shall be a minimum of
400 square feet for one-room studio or efficiency apartments and 150
square feet for each additional bedroom, but in no case contain more
than two bedrooms.
(5)
No boarders shall be permitted to occupy such apartments, nor
shall any portion of the space within the apartment be sublet or rented
out for any period of time, unless otherwise permitted by the City.
H.
Parking and loading.
(1)
Minimum off-street parking spaces. The first 1,000 square feet
of commercial space, with the exception of home offices, and the first
20 seats in a restaurant or eating and drinking establishment shall
be exempt from the following requirements.
|
Use
|
Minimum Number of Spaces
|
|---|---|
|
Apartment:
| |
|
Studio
|
1.0
|
|
1-bedroom
|
1.0
|
|
2-bedroom
|
2.0
|
|
3-bedroom
|
2.0
|
|
Banks, excluding drive-through banks
|
1 per 200 square feet of gross floor area
|
|
Commercial recreation centers
|
1 per 200 square feet of gross floor area
|
|
Community buildings, social halls or places of public assembly
|
1 per 3 seats
|
|
General or business or municipal or governmental office
|
1 per 300 square feet of gross floor area
|
|
Home professional offices
|
4 spaces plus 1 per nonresident employee
|
|
Medical offices
|
1 per 300 square feet of gross floor area
|
|
Professional offices
|
1 per 300 square feet of gross floor area
|
|
Quasi-educational facilities such as ballet, dance studios,
or martial arts schools
|
1 per 250 square feet of gross floor area
|
|
Restaurants and eating and drinking establishments
|
1 per 4 seats
|
|
Retail trade, including bakeries
|
1 per 400 square feet of gross floor area
|
|
Personal service uses
|
1 per 300 square feet of gross floor area
|
|
Sports or health clubs or gyms
|
1 per 200 square feet of gross floor area
|
|
Vocational, technical or business school
|
1 per 250 square feet of gross floor area
|
(2)
Minimum bicycle and scooter parking.
|
All residential projects with 5 or more units
|
1 space per 5 units
|
|
Commercial uses
|
1 space per 1,000 feet of gross floor area
|
(4)
A maximum of one driveway is permitted per street frontage for
each lot. Driveways shall comply with the following schedule:
|
Lot Width
(feet)
|
Minimum and Maximum Width
(feet)
|
|---|---|
|
Below 35 feet
|
No driveway
|
|
Up to 50
|
10
|
|
51 and over
|
22
|
(5)
For mixed uses, the total requirement shall be the sum of the
requirements of the component uses computed separately. Mixed-use
projects are permitted to utilize shared parking for up to 20% of
the required number of parking spaces, provided the Board finds that
the proposed uses have complementary schedules to facilitate shared
parking.
(6)
Parking is not permitted between the building and West Grand
Avenue. All parking shall be located on behind or to the side of the
building. Parking shall be screened to the maximum extent possible
with shrubs and/or fencing from public rights-of-way.
(7)
On-site loading is not required. Loading zones may be located
on-street, subject to approval of City Engineer. Shared loading spaces
are encouraged.
(8)
A minimum of 15% of parking areas shall be landscaped.
(9)
The minimum parking area setback from lot lines of a residential
zone shall be five feet. The area between the parking area and lot
zones of a residential zone shall contain a buffer consisting of evergreen
shrubs and solid fencing at a height of six feet.
I.
Other requirements:
(1)
All buildings and primary commercial entrances shall be oriented
towards the street.
(2)
All areas in a development not used for construction of buildings,
roads, accessways, parking or sidewalks shall be fully landscaped.
(3)
A minimum five-foot-wide buffer shall be provided along all
property lines which abut a one- to four-family residential use or
zone.
(4)
Applications shall demonstrate compliance with the City's Complete
Streets Policy.
(5)
All new construction projects shall provide new sidewalks and
curbing along the property's frontage along West Grand Avenue. Applicants
may request a waiver of this requirement per a written confirmation
from the City and/or County Engineer that the existing sidewalks are
in good condition and do not need to be replaced.
(7)
To the extent feasible, pedestrian scale lighting (12 feet to
16 feet in height) shall be provided along West Grand Avenue, subject
to approval by the City Engineer, Union County, and PSE&G. Design
shall be specified by City Engineer to be installed or appropriate
pro rata share contribution for off-tract improvements.
