City of Rahway, NJ Supplementary Use Regulations

Trucks, vans, tractors, trailers, commercial limousines or commercial vehicles with registered gross weights of four tons or less may be parked in any residential zone, if garaged, provided that:

[Amended 7-9-2018 by Ord. No. O-10-18]

There is no more than one such vehicle per dwelling unit.

The vehicle is for the primary use of the occupant of the residential unit.

After December 31, 1989, the vehicle has no lettering or advertising on any one exterior surface which exceeds 18 inches in height or five feet in length.

Two-axle passenger vans, minivans and similar vehicles which are not registered as commercial vehicles and do not exceed a registered gross weight of four tons shall be exempt from the restrictions of Subsection A(1) above.

No truck, van, tractor, trailer or any commercial vehicle, other than those described in Subsection A above, may be parked on any lot, street or portion thereof in any residential zone, including multifamily zones, or on any residential lot or on a street adjacent to any residential lot including multifamily uses, in any zone.

[Amended 7-9-2001 by Ord. No. O-30-01]

Trucks, vans, tractors, trailers or commercial vehicles, which are actively picking up or delivering materials, shall be exempt from the restrictions of Subsection B above.

Exterior alterations which substantially change the residential character and nature of a building shall not be permitted in any residential zone.

There shall be no more than one principal building or use erected or established on any one lot in any residential zone, except that, where multifamily buildings are permitted, more than one building may be erected in conformance with the development standards of that zone.

Water towers, radio towers, cellular towers, cooling towers and similar structures shall not exceed 10 feet above the maximum permitted building height in any residential zone.

§ 421-32 Regulations applying to all nonresidential zones.

No property in a residential zone shall be used as a driveway or parking lot to serve a nonresidential use.

All curb cuts shall be at least 15 feet but not more than 30 feet in width.

An enclosed area shall be provided for the temporary storage of trash and other refuse. Trash receptacles shall be covered. The enclosed area shall be on a durable, paved surface and designed and screened by dense landscaping or an attractive, solid architectural fence at least six feet in height, so that the trash and refuse will not be seen by the general public or from adjoining properties.

Roof structures, such as mechanical equipment, water towers, etc., shall be screened from public view or designed in such a fashion as to complement the architecture of the building.

A residential use may be served by a parking lot or driveway on or through a nonresidential zone.

All utility and telephone lines and appurtenances which provide service to the property shall be placed underground.

§ 421-33 Regulations governing certain uses.

Soil or mineral removal. No soil, mineral or similar material may be removed from or placed on any lot, except that which is purely incidental to the construction of a building or structure previously approved for construction. All earthwork must be done in accordance with a grading plan approved by the City Engineer. The grading plan must contain existing elevations, or contours at not more than two-foot intervals, and proposed finished grades, or contours, on a map drawn to a scale of not less than one inch equals 50 feet, which maps shall be furnished by a licensed engineer. No fill material shall consist of any types of industrial waste, building debris, obnoxious materials or similar substances. The fee for review and approval by the City Engineer under this section shall be $250.

[Amended 9-11-2006 by Ord. No. O-31-06; 9-8-2008 by O-23-08]

Outside display of wares or products. No outside display of wares for sale, vending machines or products manufactured on the site shall be permitted in the front yard on any lot, except in the B-4 and B-5 Districts. In the B-4 and B-5 Districts, such wares may be displayed outside within that portion of the front yard immediately in front of the principal building, but in no event shall any such wares be located more than four feet from the front wall of the principal building, nor block the sidewalk or egress to any door, nor obscure more than 20% of the front facade.

Trailer, trailer coaches or automobile trailers. All trailers, trailer coaches or automobile trailers, or any vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons or the conduct of any business or profession, occupation or trade, originally designed to be mounted on wheels or used as a conveyance or propelled or drawn by its own or other motive power, and from which said wheels or other means of locomotion or transportation have been removed, shall be prohibited in the city. The Building Inspector of the city shall not issue a building permit, certificate or occupancy or other permits or certificates which will permit said trailers, trailer coaches, automobile trailers or other such vehicles to be located within the territorial limitations of the city. Recreation vehicles, boat trailers and boats shall be permitted to be stored in the rear yard and shall not be any closer than 10 feet to any lot line.

Tractor-trailers for storage or repairs. All tractor-trailers whose prime purpose is to store, maintain and repair goods shall be prohibited in the city. The Building Inspector of the city shall not issue permits or certificates which will permit said tractor-trailers to be located within the territorial limitations of the city.

Milk and ice vending machines. Milk and ice vending machines shall be prohibited within the territorial limits of the city. As used herein, the terms "milk vending machine" and "ice vending machine" shall mean any automated vending machine for the sale of milk or ice and controlled by the insertion of a coin or coins, token or disk of any kind.

§ 421-34 Townhouses or row houses.

In the R-3 Low-Rise Multifamily Residential Zone, townhouses or row houses shall be required to meet the following regulations:

The maximum gross density shall be 10 units per acre.

The minimum setback from an internal street or driveway to the property shall be 25 feet.

The minimum setback from all parking areas to the property line shall be 15 feet.

A buffer strip of at least 15 feet shall be provided around the entire perimeter of the property. This buffer shall conform to the standards in § 349-7 of Chapter 349, Site Plan Review. The use of landscaped berms or decorative masonry walls can be utilized in lieu of an all-landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.

The minimum setback of an internal street or driveway to a building shall be 15 feet.

The minimum setback of a parking area to a building shall be 10 feet.

The minimum distances between any two buildings on the lot shall be as follows:

Front to front, front to rear: 65 feet.

Rear to rear: 40 feet.

Front to side or rear to side: 35 feet.

Side to side: 20 feet.

The minimum width of a townhouse or row house unit shall be 20 feet.

The maximum number of units per building shall be eight, and the maximum length of a building shall be 180 feet.

No building shall have more than two townhouse or row house units without providing a facade setback of at least four feet.

Each unit shall have at least two means of access to the outside.

There shall be no direct access from driveways or garages from any townhouse or row house unit or off-street parking areas onto any public street.

An outdoor play area or sitting area of a minimum of 50 square feet per unit with no aggregate of such space less than 400 square feet shall be provided on site.

Common areas of any tract utilized for a townhouse development which are not accepted by the city shall be deeded to a homeowners' corporation or association consisting of property owners within the development, as described in Subsection T, Common ownership areas, of this section.

Only the land directly under each unit and land adjacent thereto with an area not greater than 50% of said land under each unit shall be sold in fee simple to the purchaser of the unit. All other lands shall be under the ownership and responsibility of the homeowners' association. All land other than that directly under each unit shall be under the maintenance responsibility of the homeowners' association.

All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, except that all curb-to-curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guaranties of proper installation of such improvements shall have been posted in accordance with municipal ordinances or regulations.

There shall be no direct access of driveways from any dwelling unit onto any municipal street.

An internal system of sidewalks shall be provided. Sidewalks shall be a minimum of four feet wide and shall service each unit. Sidewalks shall provide access to the municipal street serving the development, whether or not a sidewalk exists on that municipal street.

Maintenance standards.

All lands and structures not deeded and accepted by the municipality shall be serviced and maintained by the owner or homeowners' association, including but not limited to streets, playgrounds, snow plowing, garbage and trash pickup, and other services. Police and fire access shall be acquired according to law.

Chapter 257 of the Code of the City of Rahway, entitled "Housing and Property Maintenance," shall govern the maintenance of all common areas of the development. The owner or organization established is responsible for the proper maintenance of the property.

Common ownership areas. All areas put into common ownership for common use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the following requirements:

Deed restriction. The applicant shall deliver to the City of Rahway for its approval appropriate documents establishing deed restrictions prohibiting, in perpetuity, any land designated for common open space from being used for any other purpose and all other covenants and deed restrictions which will be contained in the master deed and unit deed.

Organization for common ownership required. The applicant shall establish a legally constituted homeowners' association for the ownership and maintenance of all common space and any streets not accepted for dedication by the City of Rahway. This organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and nondedicated streets.

Rules of organizations. Any homeowners' association established in accordance with Subsection T(2) above shall:

Be established before a certificate of occupancy has been issued for any dwelling unit in the development.

Make membership automatic and mandatory for each owner of a dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a dwelling unit in the development.

Guarantee access to all the common open space to all persons legally residing in the development and limit that access to the legal residents and their guests only. Every member of the association shall have a right and easement of enjoyment in and to the common open space.

Be responsible for liability insurance, taxes and the maintenance of the common open space and undedicated streets. The certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.

Require owners of dwelling units to pay their pro rata share of the costs listed above and provide that an assessment levied by the organization shall have the same force and effect as a debt or ground rent or lien against the real property.

Be able to adjust the assessment to meet changing needs.

Common open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common open space and undedicated streets in the development.

The developer shall convey title to the common open space area to the aforesaid homeowners' association at such time as the aforesaid association is able to maintain the area or at such time as may be designated by the Planning Board of the City of Rahway, which date shall be consonant with the policy expressed herein.

§ 421-35 Low-rise apartments.

In the R-3 Low-Rise Multifamily Residential Zone and the B-4 Service Business Zone, low-rise apartments shall be required to meet the following regulations:

The maximum gross density shall be 20 units per acre.

The minimum setback from an internal street or driveway to the property line shall be 20 feet.

The minimum setback of all parking areas to the property line shall be 15 feet.

In the R-3 Zone, a buffer strip of at least 15 feet shall be provided around the entire perimeter of the property. This buffer shall conform to the standards in § 349-7 of Chapter 349, Site Plan Review. The use of landscaped berms or decorative masonry walls can be utilized in lieu of an all-landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.

The minimum setback of an internal street or driveway to a building shall be 10 feet.

The minimum setback of a parking area to a building shall be five feet.

The minimum distances between any two buildings on the lot shall be as follows:

Front to front, front to rear: 35 feet.

Rear to rear: 30 feet.

Front to side or rear to side: 25 feet.

Side to side: 15 feet.

The minimum gross floor area per dwelling unit shall be 350 square feet for a one-room studio or efficiency unit, plus 150 square feet for each additional bedroom. In the B-4 Service Business Zone, no dwelling unit shall contain more than two bedrooms.

The maximum number of units per building shall be 20, and the maximum length of a building along a single plane shall be 160 feet. The minimum number of units per building shall be four.

In the R-3 Zone, each building shall provide for a facade setback of at least four feet for every 40 feet or at least eight feet for every 80 feet.

Each dwelling unit shall provide at least 100 cubic feet of storage area for a one-room studio or efficiency unit, plus 100 cubic feet of storage area for each additional bedroom within the unit. No unenclosed porch or patio shall be used for storage.

Unless provided for within each unit, no less than one washer and dryer shall be provided for each 10 units for the exclusive use of the tenants of the building. No outdoor clotheslines or clothes-hanging facilities shall be provided or permitted.

There shall be no direct access from garages or off-street parking areas to any public street.

In the R-3 Zone, an outdoor play area or sitting area of a minimum of 25 square feet per dwelling unit, with no aggregate of such space less than 400 square feet, shall be provided on site.

Fences, patios or similar outside facilities shall be constructed only by the original developer or by the homeowners' association. Any such construction shall only be done with the permission of the Planning Board.

For condominium developments, common areas of any tract which are not accepted by the city shall be deeded to a homeowners' corporation or association consisting of the property owners within the development for their use, control, management and maintenance.

For condominium developments, no land shall be sold in fee simple to the purchaser of any unit. All lands shall be under the ownership and responsibility of the homeowners' association. All land shall be under the maintenance responsibility of the homeowners' association.

There shall be no direct access of driveways from any dwelling unit onto any municipal street.

§ 421-36 High-rise apartments.

In the R-4 High-Rise Multifamily Residential Zone, high-rise apartments shall be required to meet the following regulations:

The maximum gross density shall be 50 units per acre.

The minimum setback from an internal street, driveway or parking area to the property line shall be 15 feet.

A buffer strip of at least 15 feet shall be provided around the entire perimeter of the property. The buffer shall conform to the standards in § 349-7 of Chapter 349, Site Plan Review.

The setback of an internal street, driveway or parking area to a building shall be 20 feet.

The distance between any two high-rise apartment buildings on a single lot shall not be less than the average height of the buildings, but in no case less than 50 feet.

Courts or courtyards or other similar partially enclosed spaces shall have a minimum width of 1/2 the height of the building, but in no case less than 50 feet.

The minimum gross floor area per dwelling unit shall be 700 square feet for a one-bedroom or one-roomed studio or efficiency apartment, plus 150 square feet for each additional bedroom.

The minimum number of dwelling units per building shall not be less than 50 units.

Each dwelling unit shall provide at least 100 cubic feet of storage area for a one-bedroom or one-room studio or efficiency apartment, plus 100 cubic feet of storage area for each additional bedroom. Such storage space may be provided within the unit or in a separate but individually apportioned storage space elsewhere within the building. No unenclosed porch or patio shall be used for storage.

Unless provided for within each unit, one washer and dryer shall be provided for each 10 units for exclusive use of the tenants. No outdoor clotheslines or clothes-hanging facilities shall be provided or permitted.

There shall be no direct access from garages or off-street parking areas to any public street.

An outdoor play area or sitting area of a minimum of 25 square feet per dwelling unit, with no aggregate of such space less than 400 square feet, shall be provided on site.

§ 421-37 Drive-through restaurants.

In the B-2 Regional Business Zone and the B-3 Highway Business Zone, the following regulations shall apply to drive-through restaurants:

A minimum of eight stacking or queuing spaces at least 20 feet in length per space shall be provided for a drive-through lane of a drive-through restaurant.

Each lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking or queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-in window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property.

All drive-through vehicular circulation shall be in a counterclockwise direction.

Drive-through lanes shall be set back at least 15 feet from all residential property lines and be screened from adjacent residential property by means of a six-foot solid screen fence or vegetative screen.

§ 421-38 Drive-in or drive-through banks.

In the B-2 Regional Business Zone, the following regulations shall apply to drive-in or drive-through banks:

The minimum amount of lot area devoted to a drive-in bank if it is in-line connected to other shopping or commercial facilities shall be 10,000 square feet.

A minimum of five stacking or queuing spaces of at least 20 feet in length per space for automobiles shall be provided for each drive-through lane of a drive-through bank.

Each drive-through lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking or queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-through service window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property.

All drive-through vehicular circulation shall be in a counterclockwise direction.

§ 421-39 Automotive supply stores.

In the B-2 Regional Business District and the B-3 Highway Business District:

No repair bays or portion of the store utilized for the installation to or repair of automobiles shall be within 50 feet of a public street, residential uses or a residential zone boundary, or within 30 feet of the front or rear property line.

All such facilities shall be conducted within a fully enclosed facility whose doors or entrances shall not face directly on a public street. No repair or installation shall be conducted outdoors.

Three off-street parking spaces shall be provided for each such repair bay in addition to the parking areas required as per § 349-6 of Chapter 349, Site Plan Review. No vehicles which are to be repaired or worked on shall be stored overnight on the premises.

§ 421-40 Shopping centers.

In the B-2 Regional Business Zone and the B-3 Highway Business Zone, the following regulations shall apply:

The shopping center shall be designed as a single complex with a comprehensive and uniform plan for internal site circulation, landscaping, building design, facade treatments, and signage.

Uses within the shopping center shall be limited to those which are permitted in the zone.

To the extent possible, the number of curb cuts shall be limited to one entrance and exit per street frontage, except where such street frontage exceeds a distance of 400 feet.

Off-street loading and delivery areas shall be located to the rear of the shopping center.

Off-street parking areas shall provide landscaping for shade, buffering, separation between buildings, driveways and parking areas, and for defining circulation routes and storage of snow.

A comprehensive signage plan shall be provided which covers overall project identification, individual building/tenant identification, traffic and directional signage, and street and parking identification and instructions.

§ 421-41 Hotels and motels.

Hotels and motels in the B-3 Highway Business Zone shall be required to comply with the following regulations:

A hotel shall not exceed five stories or 75 feet in height. A motel shall not exceed three stories and 40 feet in height.

Restaurants, meeting or banquet rooms, and indoor health club facilities shall be permitted as accessory uses.

Outdoor recreational facilities may be permitted but shall be no closer than 30 feet to a residential use or residential zone boundary.

§ 421-42 Live/work units.

In the B-4 Service Business Zone and the B-5 Central Business Zone, the following regulations shall apply:

Only artist or craftsman live/work space shall be permitted on the ground floor of buildings located north of the railroad right-of-way. Whenever such ground floor space occupies a retail space fronting on a public street, the windows facing the street shall display the artist's or craftsman's art or work products or wares available for retail sale.

No portion of the live/work unit shall be sublet or rented out for any purpose for any length of time, nor shall the space be used for instructional purposes.

All live/work units shall be required to also meet the regulations applied to home occupations in § 421-48D of this chapter.

§ 421-43 Apartments above the ground floor.

In the B-1 Neighborhood Business Zone, the B-4 Service Business Zone and the B-5 Central Business Zone:

Each apartment shall have its own entrance to a hallway, staircase or to the exterior.

The ground floor entrance to the apartment unit or units shall be separate from the entrance to the ground floor use.

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.

Such apartments 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 or exceed 950 square feet in size.

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.

The gross density shall not exceed 10 units per acre.

[Added 11-8-1999 by Ord. No. O-49-99]

§ 421-44 Mixed-use developments.

Any development within the M-X Mixed-Use Zone shall be designed in part or in whole as a single planned development as defined herein, according to a comprehensive master site development plan. The comprehensive master site development plan shall indicate:

The tract area devoted to and location of the land uses to be included in the planned development;

The total number of dwelling units and amount of nonresidential floor area to be provided and the proposed land area devoted to residential and nonresidential land uses;

The proposed types of nonresidential uses to be included in the planned development, and the land area to be occupied by each proposed use, shall be estimated;

The proposed density and intensity of use of the entire planned development, including a residential density and nonresidential floor area ratio;

A circulation plan showing the location and configuration of the proposed on- and off-site improvements for vehicular and pedestrian access, including linkages and public access to the waterfront and to the Central Business Zone and location and number of parking spaces proposed;

An open space plan showing the proposed areas of the site set aside as open space, conservation or for recreation, including a description of the improvements proposed thereon and a plan for the operation and maintenance of such open space;

A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessary, and methods of handling solid waste and recycling;

A stormwater management plan setting forth the proposed method of controlling and managing stormwater;

A fiscal impact report describing the anticipated demand on municipal and school district services, including a projection of tax revenues generated and costs incurred to the city, the school district and county following completion of development;

A proposed timing schedule in the case where a planned development is contemplated over a period of years, including any terms and conditions which are intended to serve the interests of the public and of the residents who occupy the planned development prior to its completion in entirety.

The following area, yard and building requirements shall apply to the overall tract encompassing the planned development:

Minimum tract area: seven acres.

Minimum tract width and depth: 200 feet.

Minimum building setbacks:

From East Milton Street and Main Street: 35 feet, which yard area shall be landscaped open space;

From all other property lines: a distance equal to half the height of the building but in no case more than 35 feet;

To a building where one or both buildings are residential: a distance equal to the average height of the two buildings but no less than 30 feet;

To a building where both buildings are nonresidential: a distance equal to half the average height of the two buildings but no less than 30 feet;

To internal roads, driveways and parking areas: 10 feet.

Minimum buffer. A buffer strip of at least 15 feet shall be provided around that portion of the perimeter which adjoins adjacent development.

Residential densities or floor area ratios:

The maximum residential density for that portion of the tract devoted to townhouses shall be 10 units per acre;

The maximum residential density for that portion of the tract devoted to low-rise apartments shall be 20 units per acre;

The maximum residential density for that portion of the tract devoted to high-rise apartments shall be 50 units per acre;

The maximum overall density for that portion of the tract devoted to residential uses shall be 30 units per acre;

The maximum gross floor area for that portion of the tract devoted to residential health care facilities shall be 40%.

Nonresidential floor area ratios. The maximum floor area ratio of that portion of the tract devoted to nonresidential uses shall be 60%.

Maximum heights:

Townhouse: 2 1/2 stories or 35 feet.

Low-rise apartments: three stories or 40 feet.

High-rise apartments: 12 stories or 150 feet.

Residential health care facilities: three stories or 40 feet.

Office buildings: 150 feet.

Hotels: eight stories or 100 feet.

All other uses: three stories or 40 feet.

Building coverage. The maximum building coverage for the entire tract shall be 35%.

Lot coverage. The maximum lot coverage for the entire tract shall be 75%.

Accessory buildings. Accessory buildings shall adhere to the setback requirements for all principal uses or buildings.

The following design standards shall apply to a planned development:

The overall plan shall provide for an effective and unified treatment of the development possibilities of the site, making appropriate provision for the preservation of amenities of the site and the surrounding areas.

All buildings in the layout and design shall be an integral part of the development and shall have convenient access to and from adjacent uses and blocks.

Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.

Treatment of the sides and rears of all buildings within the planned development shall be comparable in building materials as to the treatment given to the street frontages of these same buildings.

The design of buildings and the parking facilities shall take advantage of the topography of the site, where appropriate, to provide separate levels of access.

All buildings shall be arranged so as to be accessible to emergency vehicles.

Facilities for the temporary storage of refuse and garbage awaiting removal shall be designed and located in such a manner as to make the facilities inconspicuous to the general public and to prevent the spread of refuse to other areas. Trash cans are encouraged and shall be screened from public view rather than dumpsters.

Air-conditioning and other mechanical equipment shall be screened from public view with suitable materials to harmonize with the total development.

Other facilities. The following facilities or amenities as described below shall be provided:

Fountains and sculptures. Aesthetic features incorporated into garden or play areas as focal points or as freestanding points of interest anywhere in the project area accessible to the general public shall be provided.

Plazas or gardens. Landscaped areas, other than mall areas, designed for aesthetic value and preparation comfort shall be provided.

Rest rooms. Public rest room facilities shall be available in several convenient locations.

Parking and loading. Parking and loading areas within the M-X Mixed-Use Zone shall comply with the following:

The amount of parking provided shall comply with § 349-5 of Chapter 349, Site Plan Review.

Parking areas shall be divided into lots separated by appropriate landscaping. Driveways and internal roads shall be separated from parking areas and aisles by curbed landscaped islands to facilitate traffic movements. Consideration shall be given to topography, location and other similar circumstances in accordance with recognized principles of planning and design.

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

Parking may encroach 10 feet into the 35 feet of setback area but must have a berm of five-tenths-foot for every foot of encroachment, not to exceed 10 feet of encroachment into the setback area.

Above-grade loading facilities shall be screened from public view to the extent necessary to eliminate unsightliness.

The minimum parking lot setback from public streets shall be 35 feet, the same as the required buffer and required building setback. The setback from lot lines of a residential zone shall be five feet.

Open space, buffers and landscaping. The following provisions shall apply:

Open space. A minimum of 25% of the total land area of the planned business development shall be developed as open space. In calculating open space, the area of plazas, open or enclosed pedestrian shopping malls, pedestrian walkways, landscaped areas, within and between parking areas shall also be included. The precise uses to which such open space shall be devoted shall be subject to the approval of the municipal agency.

Buffer area. The buffer area around the perimeter of the property shall be appropriately landscaped so as to generally enhance the appearance of the site and shall not contain roads, driveways, parking areas or signs.

Landscape treatment for plazas, roads, walkways, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site. Primary landscape treatment shall consist of shrubs, ground cover and trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to growing conditions. Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

Circulation. The following shall apply:

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways and off-street parking and loading space.

Roads. Pedestrian walks and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings and appropriately landscaped.

Buildings, parking areas and vehicular circulation shall be arranged so that pedestrian movement is not unnecessarily exposed to vehicular traffic.

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.

The location and design of pedestrian walks should emphasize desirable views of new and existing development.

The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes, where reasonably possible.

Common or shared parking. The development of shared parking facilities between and across adjacent properties shall be encouraged and permitted, provided that the amount of shared parking is agreed upon by the municipal agency.

Signs. The following regulations shall apply:

General. No exterior signs shall be permitted, except those described herein. Signs, or any part thereof, shall not be permitted to move, rotate or revolve. Flashing or intermittent variation in the illumination of a sign or its lettering shall not be permitted. Posters, pinwheels and other attention-attracting forms of advertising shall not be permitted outside of any structure. No sign shall interfere with the safe functioning of any traffic control signal or directional device.

Identification signs (freestanding).

Freestanding or pylon signs shall be prohibited except that one such sign for each driveway entrance, not to exceed a total of two, identifying or advertising the planned business development or its occupants or services shall be permitted. Each such sign shall not exceed an aggregate of both sides of 200 square feet.

The height of freestanding or pylon signs shall not exceed 15 feet above the grade of the center line of the nearest public street or roadway and shall be set back at least 10 feet from the property line.

No sign shall be located within 40 feet of the boundary of a residence zone, except that this limitation shall not apply where a public highway intervenes between a residential zone and the planned commercial development.

Facade signs identifying or advertising the names or uses of the tenants or occupants of the planned commercial development shall be affixed to the buildings and shall occupy no more than 10% of the aggregate of the total exterior wall areas of such buildings. Facade signs may be placed on all exposed sides of a building, provided that the total area of all signs does not exceed 10% of the front facade area. This section should not be construed to provide individual tenants of multistoried nonretail commercial buildings with facade signs. Only the nonretail building itself may be identified in accordance with the requirements of this section. Directional signs and information signs, such as those identifying entrances, exits and the location of rest rooms and other places of public convenience, affixed to the buildings shall not be included within the foregoing ten-percent limitation. No sign affixed to a building shall project beyond the sides or the front of the building or above the top of any parapet or wall. Interior signs shall be exempted from this chapter.

Canopy. Where walkways are roofed over by a permanently installed rigid canopy or other structural device, one sign may be installed on the underside of such canopy for each store or occupant, provided that the sign is hung perpendicularly to the facade of the building. The aggregate area of both sides of any such signs shall not exceed eight square feet in area and shall not be less than 10 feet above any walkway. This provision shall not apply to signs within an enclosed all-weather shopping mall.

Roof signs. Roof signs shall be specifically prohibited.

Directional signs. Directional signs are permitted to direct traffic within and entering and exiting the development. Such signs shall not exceed an aggregate of 12 feet and shall not exceed a height of five feet. The maximum number of signs shall be at the discretion of the municipal agency.

§ 421-45 Office-research developments.

All developments in the O-R Office-Research Zone shall be required to meet the following additional regulations:

Additional area, yard and building requirements. Notwithstanding the requirements contained in § 421-10, Schedule of Lot, Height and Yard Requirements, the following requirements shall apply to the O-R Office-Research Zone:

Minimum distance between principal buildings. More than one principal building on a lot shall be separated by a distance not less than 25 feet from other principal buildings, which may be reduced by the approving board as part of site plan review and dictated by air, light, safety, aesthetics, and use considerations. Buildings connected by covered walkways or other connections shall maintain a minimum distance of 15 feet between buildings.

Setback from a residential zone boundary or use. The minimum distance a principal building shall be set back from a residential zone boundary line shall be 100 feet, and the minimum distance a principal building shall be set back from a residential use property line shall be 50 feet.

No front, side or rear yard shall be required where the front, side or rear lot line is a railroad right-of-way or lot line of properties under the same ownership. For purposes of this § 421-45A(3), properties shall be defined to be in the "same ownership" if they are owned by the same individual(s), corporation(s), partnership(s), or other entity(ies) or if one property is owned by any corporation which controls, is controlled by or is under common control with the owner of the other property, or is owned by any corporation resulting from a merger or consolidation with the other property owner, or is owned by any subsidiary or affiliate of the other property owner, or is owned by any joint venture of which the other property owner is a partner.

Accessory buildings. Accessory buildings shall be set back from all lot lines one foot for each one foot of height up to a maximum of 25 feet. Where the yard abuts a residential zone, the accessory buildings shall meet all the setback requirements of a principal building in the O-R Zone. Fences and walls shall be excluded from this requirement.

Other provisions and requirements.

Off-street parking is required, subject to regulations and conditions specified in Article VIII of this chapter, except as superseded below:

Each automobile space shall not be less than 9.0 feet wide nor less than 18 feet deep, where appropriate and feasible. The applicant may submit parking plans requesting a waiver to permit a two-foot car overhang depth, exclusive of aisles.

Compact automobile spaces not to exceed 30% of the total spaces may be installed subject to submission to the approving board of a designated compact space utilization and monitoring plan. Each compact space shall be not less than 7.5 feet wide and 16 feet deep.

No on-grade parking shall be located within 75 feet of any residential zone boundary line.

Employee and visitor parking may be located in the front yard area except as regulated in Subsection B(1)(c).

Parking for all uses in the O-R Zone shall be provided for at a rate of one parking space for each employee on the maximum shift.

Parking decks shall meet all yard requirements for a principal building.

In the O-R Zone, adequate off-street loading and unloading shall be provided based upon site-specific facility needs, and this provision shall supersede off-street loading and unloading standards specified in Article VIII of the chapter.

Landscaping standards. The following landscaping standards shall only apply to development in the O-R Zone:

Landscaping shall be provided as part of a site plan and shall serve so as to unify and enhance the site development. All areas not occupied by buildings and other improvements shall be landscaped.

A minimum of 15% of the site shall be devoted to landscaped areas.

The landscape plan shall be submitted with each site plan application, unless a waiver is granted. The plan shall apply only to the specific site for which site plan approval is being requested. The plan shall identify existing and proposed plant materials, natural features and other landscaping elements.

The landscape plans shall conform to the following general design principles:

Use landscaping to accent and complement buildings.

Locate landscaping to provide for climate control.

Provide for a variety and mixture of landscaping which shall consider color, season, texture, shape, blossoms, foliage, and susceptibility to disease.

Consider local soil conditions and water availability in the choice of landscape materials.

Select native species that are hardy to local conditions and appropriate to the development design scheme.

[6]

Consider the impact of any proposed landscaping plan at various time intervals so that plant materials will not interfere with utilities, roadways, sidewalks, sight easements or site lighting.

[7]

Use landscape plants that are typical full specimens conforming to the American Association of Nurserymen standards.

[8]

Ensure that no aspect of the landscaping design inhibits access to the site by emergency vehicles.

[9]

Ensure that parking areas are suitably landscaped to minimize noise, glare and other nuisance characteristics.

Planting specifications. Deciduous trees shall have at least 2 1/2 caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of material. Only nursery-grown plant materials shall be acceptable. All trees, shrubs, and ground covers shall be planted according to accepted horticultural standards and shall conform to "American Standard for Nursery Stock" as established by the American Association of Nurserymen. Dead and low-vigor plants shall be replaced by the developer during the following planting season.

Buffers.

In the O-R Zone, where the O-R Zone line abuts a single-family residential zone boundary line, a one-hundred-foot-wide buffer area measured 100 feet from the residential zone boundary line shall be established and maintained. Only driveways, utilities, lighting, signage, fencing, walls, and security structures and parking shall intrude upon this buffer area, except that parking areas may not be closer than 75 feet to the residential zone boundary line.

Within the O-R Zone where buildings are proposed directly adjacent to or across from an existing residential use also located within the O-R Zone, a twenty-foot-wide buffer shall be established and maintained along the property line directly adjacent to or across from the residential use.

The buffer may consist of fencing, evergreen trees and shrubs, berms, rocks, deciduous trees and shrubs solely or in combination to provide an attractive setting and visual screening, where needed, of adjacent residential properties.

If a fence is provided, it shall be of a design consistent with the architecture of the site and be buffered with landscaping, as determined by the approving board as part of site plan approval.

No outside storage of materials, raw or finished, shall be stored in any yard or open area unless screened from public view. However, this requirement shall not apply to temporary storage of construction trailers, equipment, materials and facilities.

Temporary construction lay down areas, construction trailers, equipment, materials and facilities shall be permitted in accordance with an approved site plan, and shall be removed after the completion of construction.

Signage shall comply with § 421-49 of this chapter, except as superseded by the following provisions:

Within the O-R Zone a comprehensive sign plan shall be submitted as part of the site plan application, incorporating the following elements: letter type, color, and size, sign materials, size dimensions, sign location plan.

Directional signs shall not exceed an aggregate area of all sides of the sign of 12 square feet per sign, and shall not exceed a height of five feet.

Directory signs shall not exceed an aggregate area of all sides of the sign of 12 square feet per sign. Directory signs may be wall mounted. If freestanding, it shall not exceed a height of five feet.

One identification sign shall be permitted at each major driveway entrance, provided that the aggregate area of all sides of the sign shall not exceed 50 square feet in area and the height of the sign shall not exceed five feet.

Facade signs may be located on the front or side facades and shall not exceed 10% of the square footage of the facade on which it is located, or 30 square feet, whichever is less. Not more than one facade sign shall be located on any one building, except buildings fronting on more than one street may install one additional facade sign along each street frontage.

Any provision of the existing Rahway Zoning Ordinance expressly superseded by this § 421-45 shall be superseded relative to the O-R Zone only.

Site plan review exemption/office-research developments.

[Added 4-13-1998 by Ord. No. O-14-98]

No building permit shall be issued for any new structure, or structure to be changed in size, or alteration of an existing site plan in this district until the site plan has been reviewed and approved in accordance with Chapter 53, Land Use Procedures, except that no site plan approval shall be required when the proposed expansion or alteration does not exceed 5,000 square feet.

Any other uses shall require site plan approval.

§ 421-46 Site plan review exemption.

[Amended 4-13-1998 by Ord. No. O-14-98; 11-9-1998 by Ord. No. O-46-98; 4-11-2005 by Ord. No. O-11-05; 3-14-2022 by Ord. No. O-8-22]

No zoning permit or building permit shall be issued for any new structure, or structure to be changed in size, or alteration of an existing building or alteration of an existing site plan until a site plan, or amended site plan, in the case of a previously approved site plan, has been reviewed and approved in accordance with Chapter 53, Land Use Procedures. This shall include changes in use of land or a building that require variance relief. Site plan approval shall not be required when the proposed expansion or alteration does not increase building coverage.

§ 421-47 Hospitals.

In the H Hospital Zone, the following regulations shall apply:

Notwithstanding the Schedule of Lot, Height and Yard Requirements, no structure shall be erected nearer than 75 feet to any street line, nor nearer to any property line than the height of the building, but not less than 50 feet.

§ 421-48 Regulations applying to certain accessory uses and structures.

Private swimming pools.

Private in-ground and portable swimming pools accessory to a residential use shall be erected on the same zone lot as the principal structure. The pool may be erected in the side or rear yard of the zone lot. The wall of the swimming pool shall be located no closer than five feet to a side or rear yard line. All such pools shall be suitably fenced in accordance with requirements of § 349-8 of Chapter 349, Site Plan Review.

These regulations shall not apply to portable swimming pools which are less than two feet in height.

Private tennis courts.

The impervious lot coverage shall not exceed that permitted by the Schedule of Lot, Height and Yard Requirements.[1]

Editor's Note: The Schedule of Lot, Height and Yard Requirements is included at the end of this chapter.

The tennis court shall not be located closer than 10 feet to any side lot line and not closer than 20 feet from any rear lot line.

The tennis court shall only be located in the rear yard portion of the premises.

A fence with a maximum height of 10 feet shall be permitted incidental to the tennis court.

Lighting designed for illumination of the tennis court for night use is prohibited.

The tennis court may be used only by the residents of the premises and their non-fee-paying guests and shall not be used as a revenue-generating operation.

Private storage sheds.

[Amended 4-11-2005 by Ord. No. O-11-05]

The maximum area of a storage shed in a residential zone shall be 160 square feet, and the maximum height shall be nine feet.

No storage shed can be located closer to any lot line than three feet.

No storage shed can be located closer to the street right-of-way line than the required front yard setback for the principal structure.

Home occupations and family day-care homes.

Only the residents who occupy the dwelling unit shall be engaged in the occupation. No outside employees shall be permitted to work on the premises.

There shall be no signage or other display which indicates that the dwelling unit is being utilized in whole or in part for any other purpose than that of a dwelling.

No mechanical or electrical equipment shall be utilized which exceeds five horsepower, or which creates heat, glare, smoke, noise or vibration which is perceptible beyond the boundary of the premises.

Awnings.

Awnings shall be at least eight feet above the ground and shall not project more than six feet beyond a building facade.

Any lettering, logos or other writings on awnings shall be considered and counted as signage under this chapter.

Consideration shall be given to the shape, texture, color and form of awnings, as well as the extent to which it is in keeping with the aesthetics of the commercial area in which it is located.

Outdoor display areas.

Such areas shall be confined to that portion of the front yard immediately in front of the principal building and shall not extend beyond the width or height of the principal building nor more than four feet from the front wall of the principal building.

Wares and products in the display area shall not obscure more than 20% of the front facade of the principal building.

Such display areas shall not block or interfere with pedestrian or vehicular access on any sidewalk or street.

Outdoor dining areas.

Outdoor dining areas shall only be permitted in conjunction with a permitted restaurant or eating and drinking establishment.

The area used for outdoor dining shall be set back:

At least 15 feet from any parking area; and

At least 25 feet from any residential zone boundary or use.

Such an area shall be substantially screened from neighboring properties and parking areas by means of fences or vegetation.

No such outdoor dining area shall be operated later than 10:30 p.m. from Sunday to Thursday, and no later than 11:30 p.m. on Fridays, Saturdays and evenings prior to public holidays.

Refuse collection, storage and recycling.

An enclosed area shall be provided for the temporary storage of trash or recycling materials and other refuse. Trash receptacles shall be covered. The enclosed area shall be on a durable, paved surface and designed and screened by dense landscaping or an attractive, solid architectural fence at least six feet in height, so that the trash and refuse will not be seen by the general public or from adjoining properties.

For any application for a subdivision for 50 or more single-family dwelling units, a storage area of 12 square feet within each dwelling unit to accommodate a four-week accumulation of designated recyclable materials shall be provided. The storage area may be located in a laundry room, garage, basement or kitchen.

For each application for 25 or more multifamily dwelling units, a storage area of three square feet within each dwelling unit to accommodate a one-week accumulation of designated recyclable materials shall be provided. The approving agency may require the applicant to designate a centralized storage area for recyclable materials.

For each application for commercial or industrial development utilizing 1,000 or more square feet of land, the applicant shall provide the approving agency with estimates of the amount of recyclable materials to be generated each week. The approving agency may require the applicant to provide metal receptacles for the storage of recyclable materials within the refuse storage area.

Security gates. All security gates shall be installed in the interior of a building or structure. The gate must be of the open-lattice-type with a minimum of 80% of the gate as being of see-through composition. This regulation will apply only in residential and business zones.

[Added 6-16-1999 by Ord. No. O-24-99]

Private residential garages shall not exceed 25 feet by 25 feet in size (double garage), nor exceed 15 feet in height.

[Added 4-11-2005 by Ord. No. O-11-05]

§ 421-49 Signs.

[Amended 8-10-1998 by Ord. No. O-39-98; 4-11-2005 by Ord. No. O-11-05]

Purpose and intent. The purpose of this section is to:

Protect the public health, safety and welfare by restricting signs which impair the public's ability to receive information, violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.

Encourage signs which promote a desirable visual environment through creative, yet orderly, design arrangements.

Encourage signs which aid orientation, identify activities, describe local history and character or serve other educational purposes.

Ensure the replacement of nonconforming signs by conforming signs through strict enforcement of the procedures and requirements of this section.

Zoning permit required. It shall be unlawful for any person to erect, repair, replace or alter any sign or other advertising structure as defined in this chapter, except those signs exempted under § 421-49H of this chapter, without first obtaining a building permit.

Prohibited signs. The following signs are prohibited:

Banners, advertising flags and any modification thereof, such as posters, pennants, ribbons, streamers, spinners, balloons, kites or similarly moving devices.

No animated or moving signs shall be permitted, except for the required movement of time and temperature displays (except as provided in Subsection E).

[Amended 5-10-2010 by Ord. No. O-11-10]

Any signs which utilize reflection-enhanced or fluorescent colors or contain any material which sparkles, reflects or glitters (except as provided in Subsection E).

[Amended 5-10-2010 by Ord. No. O-11-10]

Any signs which in any way simulate official, directional, or warning signs erected or maintained by the State of New Jersey or a county or municipality thereof or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.

Signs that extend above the roofline or beyond the ends of a wall to which they are attached or which project more than six inches from the wall to which they are attached, unless they are projecting signs.

Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for fire-fighting purposes or placed so as to interfere with any opening required for legal ventilation.

Rope lighting, or other similar linear lighting with small lights [usually incandescent bulbs or light-emitting diodes (LEDs)] covered in heavy-duty plastic tubing, and installed to outline signs, merchandise, windows, buildings, or building elements, where such lighting is intended to be visible from the exterior of the building is prohibited.

[Added 3-13-2017 by Ord. No. O-05-17[1]]

Editor’s Note: This ordinance also provided for the renumbering of former Subsection C(7) through (16) as Subsection C(8) through (17), respectively.

Roof signs, billboards and portable sidewalk signs (except as permitted in Subsection G).

Signs that extend over the line or surface of sidewalks, roads or driveways or that use trees, utility poles, traffic sign posts, and parking meters. This subsection shall not apply to flags and banners permitted under Subsection C(1), above, nor to projecting signs.

Signs that relate to a business not conducted on the premises.

Signs that do not conform to the illumination requirements of this chapter.

Any signs that use fluorescent (e.g., Day-Glo) colors.

(13)

Any signs, other than municipal, county or state, erected within the right-of-way of any street or approved sight easements, whether portable, permanent or temporary. No sign shall be located so as to constitute a traffic hazard.

(14)

Any sign on a motor vehicle or trailer parked for display purposes, other than signs advising the public that the vehicle in question is for sale.

(15)

Any signs which, after 10 days, describe business goods no longer sold or produced or services no longer provided, except where there has been a termination of occupancy. Signs describing a business no longer operating at that location must be removed within 60 days.

(16)

Any marquees or marquee signs, except on theaters.

(17)

Any signs not expressly permitted by this chapter.

Regulations and requirements. In addition to restrictions elsewhere in this chapter, all signs must comply with the following regulations:

No person may affix any sign in any public place without obtaining the required permit(s) unless said sign is exempt from permit requirements under Subsection H.

No sign shall have its highest section higher than the height requirements of the zone as established in this chapter.

All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings or faces, maintenance of legibility and all lighting elements.

The owner of the property shall be responsible for keeping the area surrounding the ground and/or freestanding sign neat, clean and landscaped.

A sign must be positioned in the natural architectural sign band on a building facade if one exists. If such sign band does not exist, the bottom of the sign may not be positioned to go more than 12 inches above the top of the display window.

No sign may consist of more than four colors, including the background color, except logos or symbols. Lettering must give a consistent and professional appearance.

All signs must comply with applicable provisions of the Uniform Construction Code,[2] particularly, but not exclusively, the Electrical Subcode, in accordance with which all lighting devices must be installed and maintained.

Editor's Note: See Ch. 177, Uniform Construction Codes.

Nonconforming signs shall not be rebuilt, enlarged, changed or altered in size, location, text or appearance unless they shall be made to conform to these regulations.

A change of business name or any other item of information on an existing sign constitutes a new sign and requires a permit.

(Reserved)[3]

Editor’s Note: Former Subsection D(10), prohibiting signs painted directly on buildings, walls, fences and similar structures, was repealed 3-13-2017 by Ord. No. O-05-17.

No sign shall project over, occupy or obstruct any window surface required for light or ventilation.

All existing signs erected prior to the enactment of this chapter which do not meet the requirements of this chapter regarding size, height, location or type, being, therefore, nonconforming signs, shall be permitted to remain for a period of three years after enactment of this chapter. This provision shall include signs for which a building permit was secured under the previous Zoning Ordinance, previously exempted signs or signs which were considered legally nonconforming under the previous Zoning Ordinance. All other signs are illegal and subject to removal at any time.

Illumination. Illumination devices, such as, but not limited to, flood- or spotlights, shall be so placed as to prevent the rays of illumination thereof from being cast into residential properties or into a public right-of-way.

[Amended 5-10-2010 by Ord. No. O-11-10]

For internally illuminated signs, the source of illumination itself must not be visible.

No sign shall have blinking, flashing, strobe or fluttering lights or any other illumination devices which have a changing light intensity, brightness or color, except for time and temperature. Beacon lights are not permitted.

An illuminated sign located on a lot adjacent to or across the street from any residential district and visible from such residential district shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m., unless the use to which the sign pertains is open for business during those hours.

Light-emitting-diode (LED) signs shall be permitted for all changeable copy, time and temperature signs subject to the following regulations:

All digital LED signs must comply with all other applicable standards set forth in this article.

The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. The image shall be static with all animation, streaming video, flashing, scrolling, fading, and other illusions of motion otherwise prohibited. The images and messages must remain static for a minimum of six seconds.

No sign shall be brighter than necessary for clear and adequate visibility and shall not exceed a maximum of 5,000 nits during the day and 500 nits during nighttime hours.

No sign may display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver or result in a nuisance to a driver.

No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

All signs must be equipped with both a dimmer control and a photocell that automatically adjusts the display’s intensity according to natural ambient light conditions.

Prior to issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed 5,000 nits and that the intensity level is protected from end-user manipulation by password-protected software or other method determined appropriate by the Zoning Officer.

Permitted signs in residential zones.

The following types of permanent signs shall be permitted:

Residential nameplate sign showing the name and/or address of the house or family, not larger than one square foot in area. Not more than one such sign shall be erected for each dwelling unit.

Identification signs for a permitted home professional office, provided that such signs are limited to no more than one wall or ground sign per building, are not more than two square feet in area, and, if a ground sign, are not more than four feet in height.

A name or announcement sign accessory to a church or other place of worship, a public or quasi-public building and any permitted institutional or similar use shall not exceed 20 square feet in area and be no greater than six feet in height. Such sign may only be interior lighted. Not more than one such sign shall be permitted on a lot.

Multiple-family identification signs that are limited to no more than one wall or ground sign per building, are not more than six square feet in area each, and, if a ground sign, are not more than four feet in height.

Historical or architectural designation signs, provided that such signs are limited to no more than one wall or ground sign per occupancy, are no more than six square feet in area, are not illuminated and contain no commercial advertising.

Signs designating entrances or exits to or from a parking area are permitted and shall not exceed two square feet each.

The following types of temporary signs shall be permitted:

One sign with lettering on both sides, dealing with an ongoing political campaign.

One sign announcing to the general public that the residential property is available for sale.

Signs announcing to the general public that the building or premises is being altered, repaired, painted, renovated or reconstructed.

Signs announcing a garage sale where a license for the same has been issued by the City.

The rules governing the erection of temporary signs dealing with the sale of the premises or a political campaign are as follows:

The sign shall not exceed six square feet in area and four feet in height.

The sign must be placed upon the property at a location which is set back at least five feet from any boundary line of the property.

All such signs must be removed within seven days following the sale or rental of the premises or the date of the election. For purposes of this section, "sale or rental" shall mean a contract has been entered into between the owner/seller and/or renter/purchaser. A contract shall be considered entered into when it has passed attorney review or the multiple-listing service has been advised that the premises are under contract.

No temporary sign regarding a political campaign may be erected or posted for a period exceeding 30 days.

The rules governing the erection of temporary signs announcing to the general public that the building or buildings on the premises are being altered, repaired, painted, renovated or reconstructed shall be as follows:

The sign shall not exceed six square feet in area or four feet in height.

The sign must be placed upon the property at a location which is set back at least five feet from any boundary line of the property.

All signs erected pursuant to this subsection must be removed within 30 days of the date when said sign was first placed upon the premises even though the alteration, repair, painting, renovation or reconstruction may continue for a longer period.

Only one sign may be erected by each contractor on any property at one time, and no more than two signs may be erected on any one lot over the course of any three-hundred-sixty-five-day period.

No such sign may be displayed if the building or buildings on the premises are occupied by any principal or employee of the person or firm whose name appears on the sign.

Temporary signs erected to announce a garage sale shall not be erected more than five days prior to the date of sale and shall be removed within 24 hours of the completion of the garage sale as advertised.

All permitted signs in the R-1 and R-2 Residential Zones must be set back at least five feet from all property lines.

Permitted signs in business zones.

The following permanent signs are permitted in B-1, B-4, and B-5 Business Zones:

Any sign permitted in the residential zones shall be permitted in the B-1, B-4 and B-5 Zones.

Facade signs.

Exterior signs identifying the names or uses of the tenants or occupants of the premises may be affixed to the building and shall occupy no more than 15% of the front facade area of the building with a maximum size of 100 square feet. Signs may be lighted.

If the property has frontage on more than one street, a separate sign may be provided for each street frontage, provided the total area of all signs shall be no greater than the requirements listed above.

No establishment shall be permitted a total of more than two signs.

The maximum permitted height of any such sign shall be 20% of the wall height, with an absolute maximum of three feet.

All facade signs must have either a finished edge or painted border edge at least 1 1/2 inches in width. If the total area of the sign face is less than two square feet, the border may be reduced to 3/4 inch in width.

[6]

Facade signs where two or more businesses occupy one building must be uniform, although not necessarily identical, and in keeping with the architectural integrity of the building. They each must be mounted at the same distance from the street and be identical in height and construction materials.

Projecting signs.

A projecting sign must not exceed eight square feet.

The outermost edge of a projecting sign must not extend more than four feet from the building to which it is attached.

The bottommost edge of a projecting sign must not be less than eight feet from the ground.

Projecting signs must project from a building at an angle of 90°.

A projecting sign must be located at the level of the sign band between the first and second stories of a building.

[6]

When more than one storefront occupies a single building, all projecting signs must be hung at the same height.

[7]

Projecting signs must be constructed of wood or comparable material.

[8]

Projecting signs must be two-faced.

Window signs.

Permanent window signs must not occupy more than 10% of the total area of the window in which the sign is located. The area of the window sign will be counted as part of the total signage area allowed for the business.

Temporary window signs are subject to the following restrictions:

[a]

Such signs shall be removed within 30 days after erection.

[b]

The date on which a temporary sign is initially displayed must appear on its face.

[c]

Temporary window signage may not exceed 20% of the total window area.

[d]

Community service advertisements shall be included within the aggregate space and time limitations set forth herein.

[e]

All such signs shall be of professional quality.

All window lettering and signs shall be kept in good repair.

All other temporary signs. One temporary sign shall be permitted announcing that the property on which it is located is for sale or rent, provided that such sign shall be displayed for only so long as such property is for sale or rent. Unless such sign is attached to the principal building, it shall be no closer than five feet to any property line. Such sign shall not exceed six square feet in size nor more than four feet in height.

Awning and canopy signs.

An awning or canopy must not display any graphic other than the name of the business, the logo and the street number.

Lettering must be on the drop flap or within the area of the lowest 1/3 of the overall vertical height of the awning if it has no drop flap.

Individual letters may not exceed 12 inches in height.

The combined area of signs on awnings or canopies in excess of five square feet must be counted in the total area allowed to that building for its exterior signs.

Any change to the existing awning or canopy, including a change of color or lettering, requires a permit.

Marquee signs.

Marquee signs are only permitted on a theater or movie theater.

Marquee signs are to be designed as an integral part of the building's principal facade.

(h)

Sidewalk signs.

[Amended 5-10-2010 by Ord. No. O-11-10]

Sidewalk signs shall be permitted, provided they meet all the following restrictions:

[a]

For restaurants with sit-down dining, they must be used for daily specials and menus.

[b]

For retail establishments, they must be used to promote sales, promotions of limited duration, or goods sold or services provided on the premises.

[c]

May be no more than two feet wide and three feet high.

[d]

Must be placed either flat against the building or located in the building's alcove off the sidewalk. If the sidewalk is over six feet wide, they may be placed at the curb, provided that a four-foot-wide, unobstructed path shall be maintained at all times on the sidewalk.

[e]

Must be located only in front of the building on which the restaurant is located.

[f]

Must not restrict pedestrian or vehicular traffic.

B-2 and B-3 Business Zones.

Any signs permitted in the residential zones or permitted in the B-1, B-4 or B-5 Business Zone shall be permitted in the B-2 and B-3 Zones, under the same limitations.

Freestanding signs.

One freestanding identification sign shall be permitted, provided that the aggregate area of all sides of such sign shall be in accordance with the following schedule:

	Gross Floor Area (square feet)	Aggregate Sign Area (square feet)
	Under 5,000	40
	5,001 to 15,000	80
	15,001 to 30,000	100
	30,001 to 50,000	150
	50,001 and above	200

Any commercial building having over 100,000 square feet of gross floor area may have two freestanding signs. The total area of both signs shall not exceed the aggregate limitations within the schedule.

Such signs shall not exceed a height of 25 feet, measured from the ground level to the topmost portion of the structure. Supporting frames for all such signs shall be of permanent materials, such as steel or concrete. All such signs must be placed upon the property at a location which is set back at least five feet from any boundary line of the property.

Such sign shall be interior lighted with nonglaring lights or shall be illuminated by shielded floodlights.

Industrial zones. In all industrial zones, the following types of signs shall be permitted:

Facade sign. Each permitted use may have one identification sign located on the front facade of the building. Said signs shall not exceed an area equal to 10% of the front facade of the building and shall not project more than eight inches in front of the facade.

Freestanding sign. Each permitted use may have one freestanding sign on each lot, provided that each sign shall not exceed 50 square feet in area. The height of a freestanding identification sign shall not exceed five feet.

All other zones. In all other zones, the type, location, size and placement of signs shall be at the discretion of the Planning Board at the time of site plan review.

Permit exemptions. The following signs shall be considered minor signs and shall be exempt from the requirement of obtaining a building permit, provided that such signs meet all requirements and restrictions listed elsewhere in this section:

Nameplate signs. One nameplate sign, not more than one square foot in area, provided that such signs are not internally illuminated or spotlighted.

Governmental signs that are erected or authorized by a governmental unit.

Flags or emblems of religious, philanthropic, educational or government organizations, which shall be flown from supports on the buildings or grounds being occupied by the organization.

Signs which are an integral part of vending machines and gasoline pumps.

Temporary window signs as permitted in Subsection G of this section.

Nonilluminated temporary signs advertising the sale or rental of the premises upon which they are situated, provided that such signs meet all the restrictions and requirements previously stated in this section.

Temporary signs indicating a political preference or a political cause, provided that such signs meet all restrictions and requirements previously stated in this chapter. Such signs shall not exceed six square feet in any residential zone or 25 square feet in any other zone.

Regulations governing security gates.

It shall be unlawful to construct or install a security gate over or across the front door or windows of any residential or commercial premises, property or structure. All security gates shall be installed in the interior of a building or structure.

No security gate shall be solid or impermeable in nature. Security gates shall be of a type commonly referred to as the grate or lattice type, with a minimum of 80% of the gate area being of see-through composition. All gates and the accompanying hardware shall be of suitable materials and maintained in a state of good repair.

Measurement of signs.

The area of a sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented, including mounting on frames.

The sign area for a freestanding sign with more than one face shall be computed by determining the maximum area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, the sign area shall be computed by the measurement of one of the faces.

The area of a sign containing individual letters shall be computed as the total square foot area of the smallest rectangle which can enclose all of the letters or figures.

Window signs and permanent signs within the interior of a structure, designed to be seen and read from the exterior, shall be included as part of any maximum permanent sign area allowance.

Proper maintenance. All signs, awnings, canopies, marquees and facades must be maintained in good repair. Specifically, no owner or occupant of a premises may permit any type of deterioration to these elements, including, but not limited to, the following conditions:

Chipped or peeling paint or surfaces marred by graffiti.

Torn paper or broken or damaged lettering or material of any kind.

Illegible material, whether by reason of fading, obliteration or any other condition.

Dirty, rotten, broken, rusted or otherwise damaged condition.

§ 421-50 Regulations applying to all structures in HPO Historic Preservation Overlay Zone.

In carrying out all its duties and responsibilities, including but not limited to the nomination of structures, streetscapes and districts for historic designation pursuant to Article VIII of the Land Procedures Ordinance and the review of regulated activities pursuant to § 421-28.1, the Historic Preservation Commission shall be guided by the following:

Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

On an historic structure or within an historic district designated pursuant to § 421-7 and regulated pursuant to § 421-28.1, visual compatibility factors shall be considered by the Historic Preservation Commission in its review. It is the intent of this chapter to preserve the integrity and authenticity of historic landmarks and districts and to insure the compatibility of new structures. If past architectural styles are to be used, a copy of a specific structure is preferable to an amalgam of building types and styles. In regard to an application for any regulated activity pursuant to § 421-28.1, the following visual compatibility factors shall be considered:

Height. The height of the proposed building shall be visually compatible with adjacent buildings.

Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.

Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.

Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.

Walls of continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility with the buildings and places to which it is visually related.

Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.

Directional expression of front elevation. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.

Exterior features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways, and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.

In preparing a recommendation regarding a regulated activity pursuant to § 421-28.1C, the Historic Preservation Commission shall consider whether the proposed activity is reasonable and appropriate and is not in conflict with the intent and purpose of the provisions related to historic sites and districts as exemplified by the following standards and regulations:

Regulated activities other than demolitions and removals. In regard to an application involving any regulated activity other than demolition or removal, the following matters shall be considered:

The extent to which the proposed use of any building or structure involved may have a negative impact on the continued viability of the historic landmark or district.

The extent to which the proposed activity will adversely affect the public's view of an historic structure or a structure within an historic district.

If an historic structure is involved:

The extent to which the proposed change will detract from the architectural or historic character of the historic landmark or from the criteria which were the basis of the designation of the historic structure.

The extent to which the proposed change will result in the loss of old, unusual, or uncommon design, craftsmanship, textures or materials that cannot be reproduced or can be reproduced only with great difficulty.

The landmark's importance to the city and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest by the proposed activity.

If within an historic streetscape or district:

The extent to which the proposed change will detract from the character or ambience of the historic streetscape or district or from the criteria which were the basis of the designation of the historic streetscape or district.

The extent to which the proposed change is visually compatible with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in this section.

Demolitions. In regard to an application to demolish an historic landmark, or any improvement within an historic district, the following matters shall be considered:

Its historic, architectural, cultural or scenic significance in relation to the criteria established in § 421-28.1.

If it is within an historic streetscape or district, its significance to the district as a key contributing or noncontributing structure and the probable impact of its removal on the character and ambience of the district and the criteria which were the basis of the designation of the district.

Its potential for use for those purposes currently permitted by this chapter.

Its structural condition and the economic feasibility of alternatives to the proposal.

Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.

The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.

The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the municipality an attractive and desirable place in which to live.

In regard to an application to move an historic structure or any building or structure in an historic streetscape or district to a new location, the following matters shall be considered:

The historic loss to the site of original location and, if the present location is within an historic district, to the historic streetscape or district as a whole.

The reasons for not retaining the historic structure at its present site.

The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interest and values referred to in this chapter.

If the proposed new location is within a district, visual compatibility factors as set forth in this section.

The probability of significant damage to the landmark or structure itself.

If it is to be removed from the City of Rahway, the proximity of the proposed new location to the city, including the accessibility to the residents of the city and other citizens.

§ 421-50.1 Towers and antennas.

[Added 8-8-2016 by Ord. No. O-17-16]

Permitted uses.

General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

Permitted uses. The following uses are specifically permitted:

Antennas, towers, or alternate tower structures located on publicly owned property, provided an agreement authorizing such antenna or tower has been entered into with the public owner of the property.

General requirements.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the City Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Rahway or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The City Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the City of Rahway, provided, however, that the City Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Aesthetics. Towers and antennas shall meet the following requirements:

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Association ("FAA"), be painted a neutral color so as to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend towers and related structures into the natural setting and surrounding buildings.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the Federal Communications Commission and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City of Rahway concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Rahway irrespective of municipal and county jurisdictional boundaries.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Rahway have been obtained and shall file a copy of all required franchises with the City Zoning Officer.

Signs. No signs shall be allowed on an antenna or tower.

Multiple antenna/tower plan. The City of Rahway encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.

Area, bulk and yard requirements.

Minimum front yard setback: 50 feet or the height of the structure, whichever is greater.

Minimum rear yard setback: 50 feet or the height of the structure, whichever is greater.

Minimum side yard setback: five feet.

Maximum height of tower: 130 feet.

Maximum height of associated structures: eight feet.

Maximum square footage of associated structures: 150 square feet.

Additional requirements.

All facilities shall be suitably secured and enclosed in a fence of not less than six feet high.

Site plan approval by the Rahway Planning Board shall be required, and the following information shall be provided:

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning within 200 feet (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection C, adjacent roads, proposed means of access, setbacks from property lines, elevation drawings of the proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the City Zoning Officer to be necessary to assess compliance with this section.

Legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit or residentially zoned properties, whether platted or unplatted.

The separation distance from other towers shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

A landscape plan showing specific landscape materials.

Method of fencing, finished color, if applicable, and methods of camouflage and illumination.

A description of compliance with this section and all applicable federal, state or local laws.

(h)

A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

(i)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(j)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(k)

A description of the feasible location(s) of future towers or antennas within the City of Rahway based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

In the event a communication tower is abandoned or not operated for a period of one year, the same shall be removed along with all ancillary equipment, at the option of the City, at the sole expense of the operator.

Noise levels generated by the operation of the antenna operation at any property line shall be not more than 50 decibels.

Site lighting used to illuminate the tower shall be oriented inward toward the tower to minimize spillage and glare onto adjacent properties.

The tower and antennas shall be designed in accordance with the current edition of the Building Officials and Code Administrators National Building Code.

Any generator located on the site shall be within an equipment structure. All fuel shall be contained in accordance with New Jersey Department of Environmental Protection requirements.

Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.

Towers and antennas shall not cause a disruption to, or interfere with, other radio, communications, or television transmissions or equipment. If such disruption or interference is found to be caused by the operation of the towers and antennas, the subscribers and/or lessees shall modify their equipment operations to abate the deficiencies.

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the City Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic areas which meet the applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.