[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 6-23-1979. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Zoning Ordinance of the Borough of Caldwell."
This chapter is adopted pursuant to the authority
of the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975,
N.J.S.A. 40:55D-1 et seq.
This chapter is adopted in order to promote
the public health, safety, morals, convenience and general welfare
and in furtherance of the following related and more specific objectives:
A.
To guide and regulate orderly growth, development
and redevelopment in accordance with the Borough's Master Plan.
B.
To establish zoning districts and to set forth regulations
governing these districts, in order to encourage the most appropriate
use of land throughout the Borough.
C.
To protect the established character and the social
and economic well-being of both private and public property.
D.
To prevent overcrowding of land and buildings and
to avoid undue concentration of population.
E.
To provide adequate light, air, convenience and safety
of access.
F.
To conserve and enhance the value of property throughout
the Borough of Caldwell.
G.
To facilitate the adequate provision of municipal
services.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements.
B.
It is not intended by this chapter to repeal, abrogate,
annul or in any way to impair or interfere with existing provisions
of other laws or ordinances (except those specifically repealed by
this chapter) nor with any permits previously issued or which shall
be issued pursuant to law relating to the use of buildings or premises
nor with any private restrictions placed upon property by covenant,
deed or other private agreement; provided, however, that where this
chapter imposes a greater restriction upon the use of buildings or
premises or upon the height of buildings or the percentage of lot
coverage, or requires greater lot area, yards or other open spaces
than are imposed or required by such ordinances, permits or private
restrictions, the provisions of this chapter shall control.
A.
Districts. For the purpose of this chapter, the Borough
of Caldwell is hereby divided into the following 17 zoning districts
differentiated according to use and building regulations:
[Amended 4-8-1980 by Ord. No. 660-80; 7-7-1998 by Ord. No.
1026-98; 11-28-2000 by Ord. No. 1099-00; 12-19-2023 by Ord. No. 1449-23]
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RAA
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Residential District
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RA
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Residential District
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RB
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Residential District
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RA/OP
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Residential/Home Professional Office District
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RC
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Residential/Conservation District
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RD
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Garden Apartment District
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B
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General Business District
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OP-2
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Office Professional District
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ORC
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Office Residential Character District
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RD/OP
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Garden Apartment/Office Professional District
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IH1
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Inclusionary Housing Zone 1
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IH2
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Inclusionary Housing Zone 2
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IH3
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Inclusionary Housing Zone 3
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IH4
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Inclusionary Housing Zone 4
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IH5
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Inclusionary Housing Zone 5
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IH6
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Inclusionary Housing Zone 6
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D-RDV
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Downtown Redevelopment Overlay
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B.
Official Zoning Map. The aforesaid zones are established
by the locations and boundaries set forth and indicated on the Official
Zoning Map of the Borough of Caldwell, hereby made and declared to
be a part of this chapter, to be located in the office of the Borough
Clerk. A map entitled "General Zoning Map," dated August 2, 2023,
prepared by Golda Speyer, PP, AICP of Topology NJ, LLC, indicating
locations and boundaries, shall be attached to all copies of this
chapter for information purposes only.[1]
[Amended 2-15-2000 by Ord. No. 1091-00; 12-19-2023 by Ord. No. 1449-23]
[1]
Editor's Note: The General Zoning Map is included as an attachment to this chapter
C.
Amendment to Zoning Map. If, in accordance with the
provisions of this chapter and the revised statutes of the State of
New Jersey, changes are made in the district boundaries or other matters
portrayed in the Zoning Map by the Borough Council, such changes shall
be made promptly by the Borough Engineer after the amendment has taken
effect as provided by law. For each change in the Map, note shall
be made thereon, in the revision box, of the date of revision and
a brief description identifying the revision. These changes are to
be endorsed upon the Map on the effective date of the amendment.
D.
Rules for interpretation of district boundaries. Whenever
an uncertainty or ambiguity exists as to the true location of any
boundary line of any district (zone) shown on the Map, the following
rules shall apply:
(1)
Center lines. District boundary lines indicated as
following or approximately following streets, highways or other public
or private ways shall be construed to follow the center lines thereof.
(2)
Platted lines. District boundaries indicated as following
or approximately following platted lot lines shall be constructed
as following such lot lines as the same appear on the tax maps of
the Borough as received.
(3)
Determination by Board of Adjustment. Where, due to
scale, lack of detail or illegibility of the Zoning Map, there is
uncertainty, contradiction or conflict as to the intended location
of any district boundary line as shown thereon, the determination
thereof shall lie with the Board of Adjustment after public hearing.
E.
The Zoning Map shall be amended from time to time to identify properties that have been designated as historical landmarks in accordance with Chapter 130 of the Borough Code. The properties shall also be identified as a footnote to the Schedule of Area, Yard and Building Requirements, which is appended to Chapter 250.
[Added 2-7-2017 by Ord.
No. 1325-17]
A.
The schedule of regulations applying to each zoning
district, entitled "Schedule of Area, Yard and Building Requirements"
(hereafter called the "Schedule"), is hereby declared to be a part
of this chapter and is attached hereto.
B.
The Schedule is intended to summarize the major regulations
by zoning district, including those applying to lot size, yards, building
heights and other regulations that may be easily summarized in tabular
form. It is not meant to provide comprehensive coverage of all requirements
and provisions of this chapter. Areas and dimensions therein are minimum
requirements.
A.
ACCESSORY USE OR BUILDING
BOARDING OR ROOMING HOUSE
BUFFER AREA
BUILDING
BUILDING HEIGHT
COURT
CURB LEVEL
DRIVE-IN-OPERATION
DWELLING UNIT
(1)
(2)
(3)
(4)
(5)
FAMILY
FENCE
FLOOR AREA RATIO (FAR)
GARAGE
(1)
(2)
(3)
HOME OCCUPATION
HOME PROFESSIONAL OFFICE
HOTEL or MOTEL
JUNKYARD
LOT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
MOBILE TEMPORARY STORAGE CONTAINERS
NURSERY SCHOOL
OFFICE RESIDENTIAL CHARACTER
OPEN PORCH
PAVEMENT
PRINCIPAL BUILDING
PRINCIPAL USE
QUASI-PUBLIC
RECREATIONAL VEHICLE
SETBACK LINE
SHOPPING CENTER
SIGN
STREET
STRUCTURAL ALTERATION
STRUCTURE
WIRELESS COMMUNICATIONS FACILITIES
YARD
(1)
(2)
(3)
Definitions. For the purposes of this chapter, the
terms used herein are defined as follows:
A subordinate use or building the purpose of which is incidental
to that of a main use or building located on the same lot.
Any building containing two or more sleeping accommodations
without individual cooking facilities for people who are not members
of the family as defined in this section.
A landscaped area designed to act as a visual and sound screen
between a potentially unsightly or otherwise incompatible or undesirable
land use and adjacent properties. No building, parking area, driveway
(except to provide egress to property which is perpendicular to the
buffer area), street, sign (except directional sign) or storage of
materials is permitted within such area.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured from the mean elevation of
the finished grade adjacent to the building foundation to the mean
level of the slope of the roof.
A required open unoccupied space, other than a yard, on the
same lot with a building.
The mean level of the curb of that street frontage of the
building where the curb level is highest. Where no curb level has
been established or wherever the average ground level of that portion
of the lot which is within 10 feet of a wall of a building is higher
than curb level, such average ground level shall be considered to
be the curb level for the purposes of this chapter in relation to
such wall.
Any business of any kind engaged in making sales or providing
services to persons occupying motor or other types of vehicles entered
upon any business premises for such purpose.
A building or portion thereof providing sleeping room(s),
bathroom(s) and kitchen facilities for the use of one family. Dwelling
units shall be differentiated one from the other as follows:
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other.
DWELLING, MULTIFAMILYA building used or designed as a residence for three or more families living independently of each other, not including a motel.
GARDEN APARTMENT STRUCTURESA multifamily dwelling in which there is no more than two habitable stories and where no more than two units have the same exterior entrance or exit doorways.
MOBILE HOMEA dwelling unit, factory built and factory assembled, designed for conveyance after fabrication on streets and highways on its own wheels or on a flatbed or other trailer and arriving on the site where it is to become a dwelling complete and ready for occupancy except for minor incidentals, including hookups. A prefabricated home shall not be included in this definition.
One or more persons related by blood or marriage (including
servants) living and cooking together as a single housekeeping unit,
or a collective number of unrelated individuals, not to exceed six,
living together in one house, whose relationship is of a permanent
and distinct domestic character, and cooking as a single housekeeping
unit. Servants and attendants shall be included as family members.
A structure forming an enclosure of an open area and designated
to prevent straying from within or intrusion from without said enclosure
or to provide a visual barrier for the purposes of assuring privacy.
An electronic device designed to prevent the straying of animals from
a property shall be considered a fence.
[Amended 7-17-2012 by Ord. No. 1256-12]
A control on the intensity of land use calculated as the
ratio of the gross floor area under the roof of the main building
to the total area of the lot on which the building is located.
PRIVATE GARAGEA building accessory to the main building which provides for the storage of not more than three four-wheeled motor vehicles. No more than one commercial vehicle shall be stored in such area, which commercial vehicle shall be owned by a person residing on the premises, and no occupation, business or service for profit connected directly or indirectly with motor vehicles is to be carried on within such garage.
PUBLIC GARAGEAny building or premises used for the storage or rental of motor vehicles conducted as a business or wherein motor vehicles are cared for or repaired for profit.
GASOLINE SERVICE STATIONAn area of land, including structures thereon, that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oils and which may include the making of minor repairs exclusive of any auto body work, welding or painting.
A customary, personal service occupation, such as dressmaking,
millinery, home cooking for off-premises consumption, individual private
tutoring, individual teaching of music or singing, portrait painting
or sculpturing, conducted by a member of the resident family in the
main building.
An office of a member of a recognized profession providing
professional services on an appointment only basis located in a residential
unit. The issuance of a state or local license for regulation of any
gainful occupation shall not be deemed indicative of the occupation
being classified as a recognized profession under the terms of this
chapter. Recognized professions shall include only medical care for
human beings (excepting abortion clinics and narcotics treatment centers),
the clergy, architecture, engineering, law, accounting, planning or
similar professional occupations which may be so designated by the
Planning Board upon finding both of the following: (1) that such occupation
is truly "professional" in character by virtue of the need for similar
training and experience as a condition for the practice thereof; and,
(2) that such occupation serves clients on an appointment only basis
as opposed to serving a "walk-in-off-the-street" clientele. A home
professional office shall not include the office of any person professionally
engaged in the purchase or sale of economic goods. Dancing, band or
voice instruction, tourist homes, beauty parlors, barbershops, hairdressing
or manicuring establishments, real estate offices, convalescent homes,
mortuary establishments and trades or businesses of any kind not herein
expressly permitted shall not be deemed to be professional uses.
A building consisting of 15 or more rooms, each with their
own bathroom, designed and intended as a place where sleeping accommodations
are supplied primarily for transient travelers, and where a general
kitchen and dining room are provided within the building.
A lot or any part thereof, used primarily for the collection,
storage and sale of waste paper, rags, scrap metal or discarded materials,
or for the collection, dismantling, storage and salvaging of machinery
and/or motor vehicles for the sale of parts thereof.
A designated parcel, tract or area of land, established by
a plat or otherwise permitted by law, to be used, developed or built
upon as a unit.
LOT LINEAny boundary line of a lot excluding any street area.
LOT AREAThe total area within the lot lines of a lot.
LOT FRONTAGEThat portion of a lot extending along a street line.
LOT DEPTHThe mean distance between the front lot line and the rear lot line drawn at right angles to the front property line.
LOT WIDTHThe distance between side lot lines, measured as a straight line at the front setback line. On a corner lot, lot width shall be measured along the front yard setback line of the street with the lesser frontage.
[Amended 9-24-1996 by Ord. No. 1021-96; 1-28-1997 by Ord. No. 1031-97; 3-8-2005 by Ord. No. 1151-05]
LOT COVERAGEThe percentage of the lot area that is occupied by the principal and accessory buildings.
CORNER LOTA lot at the junction of and fronting on two or more intersecting streets. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
[Amended 9-24-1996 by Ord. No. 1021; 1-28-1997 by Ord. No.
1031-97]
NONCONFORMING LOTA lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTUREA structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
Temporary or portable storage units that are designed and
used primarily for temporary storage of building materials, household
goods, personal items or other materials for use on a limited basis
on private property.
[Added 7-17-2012 by Ord. No. 1254-12]
Any place, however designated or operated for the purpose
of providing daytime care or instruction for two or more children
from two to five years of age, inclusive, and operated on a regular
basis, including kindergartens, day nurseries and day-care centers.
[Added 7-13-1999 by Ord. No. 1073-99]
A building used for mixed office and residential use which
retains all outward appearance of a building used exclusively residential.
[Added 7-7-1998 by Ord. No. 1062-98]
A roofed structure supported by columns, but having no side
walls, which projects beyond the main walls of a building.
An impervious ground covering.
A building in which is conducted the main or principal use
of the lot on which the building is situated.
The primary or main purpose for which a lot or building is
being utilized.
Private organizations and groups of a fraternal, church or
charitable nature.
A vehicle designed and intended to be used for temporary
sleeping or shelter during periods of travel and recreation.
A line parallel to a lot line delineating the minimum required
yard area.
A group of commercial establishments planned, developed and
managed as a unit in an enclosed building or buildings and utilizing
such common facilities as customer parking area, pedestrian walks,
truck loading and unloading space and utilities and sanitary facilities.
Any structure or portion thereof on which there is an announcement, declaration, identification, description, display illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. (Refer to § 250-21 for additional sign definitions.)
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by this chapter
or which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
Any change in or rearrangement of the supporting members
of a building or structure, such as walls, columns, beams, girders
and foundation, including any enlargement or addition to the structure.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Structures consisting of antennas and mounting brackets,
with or without an equipment shed, deigned for wireless communication.
[Added 8-15-2000 by Ord. No. 1097-00]
An open space on a lot, lying between the principal building
and the nearest lot line, unoccupied and unobstructed from the ground
upward, except as otherwise provided in this chapter.
FRONT YARDAn open unoccupied space within and extending the full width of the lot between the front lot line and the main front wall of a building, not including ground-story porches and piazzas. When a lot fronts on two streets, the front yard requirements shall be established along both street frontages.
[Amended 9-24-1996 by Ord. No. 1021-96; 1-28-1997 by Ord. No. 1031-97; 3-8-2005 by Ord. No. 1151-05]
REAR YARDAn open, unoccupied space within and extending the full width of the lot between the rear wall of the building and the rear lot line.
SIDE YARDAn open, unoccupied space within the lot between a side lot line and the side wall of the building or of any attached accessory building extending from the front lot line to the rear yard.
B.
Word usage. Unless the context clearly indicates the
contrary, the present tense shall include the future; the singular
shall include the plural; the word "lot" shall include the word "plot";
the word "structure" shall include the word "building"; the word "occupied"
shall include the words "used," "designed" or "intended to be occupied";
the word "used" includes the words "arranged," "designed" or "intended
to be used"; the word "shall" is always mandatory and directory; and
the word "may" is permissive.
A.
Applicability to all buildings, structures and land.
(1)
This chapter shall apply to the construction, nature
and extent of the use of all buildings and to the nature and extent
of the use of all land. Except as previously or hereinafter provided,
no building, structure or land, or any part thereof, shall be used
or occupied, and no building or structure shall be erected, constructed,
relocated, repaired, enlarged, converted or structurally altered,
unless in conformity with all of the regulations of this chapter specified
for the district in which it is located.
(2)
All regulations set by this chapter within each of
the districts shall be minimum regulations and shall apply uniformly
to each class or kind of structure or land except as hereinafter provided.
B.
Applicability to municipality. Any municipally owned,
operated or controlled building, structure, facility or use, either
existing or proposed, shall be permitted in any zone, it being the
intention of this section that whatever the Borough may be authorized
to do shall constitute a function of government, and that whenever
the Borough shall act, pursuant to granted authority, it acts as government
and not as private entrepreneur.[1]
[1]
Editor's Note: Former Subsection C, Applicability
to structures having been granted or pending approval, which immediately
followed this subsection, was deleted 7-13-1999 by Ord. No. 1073-99.
C.
Principal buildings.
D.
Accessory structures. No accessory structures permitted
by this subsection shall be placed in any required yard except as
specified hereinafter in this subsection.
(1)
Location.
(a)
In any residence zone, no private detached garage
or other accessory building or parking area shall be within a required
front yard nor within a required side yard, except that nothing shall
prohibit an owner of a home from counting his driveway as parking
space.
(b)
In the case of exceptionally wide lots where
side yards are provided of greater width than required by this chapter,
accessory buildings may be erected in the side yards, provided that
the side yard required as a minimum by this chapter for the particular
zone involved be left open and unoccupied except as permitted in this
subsection, and that no part of any accessory building shall be within
five feet of the main building.
(2)
Accessory structure as part of principal building.
Nothing contained herein shall prevent the construction of a private
garage as a structural part of a main dwelling, provided that when
so constructed the garage walls shall be regarded as the walls of
the main dwelling in applying the front, rear and side yard regulations
of this chapter.
(3)
Area restriction. In any residence zone, accessory
buildings and one-story rear appendages may occupy, in the aggregate,
not more than 50% of the required rear yard area.
(4)
Distance from adjacent buildings. The minimum distance
of any detached accessory structure from the adjacent main building
shall be five feet.
(5)
Height restrictions. In any residence district, no
accessory building shall exceed 15 feet in height.
(6)
Distance from street line. On through lots (any lot
running from one street to another), no accessory building erected
in the rear yard shall be nearer the street line than the minimum
distance specified for a front yard setback on that part of the street
which the yard abuts.
(7)
Accessory building not to be resided in. No accessory
building erected in a required yard on any lot within any zone shall
be used for residential dwelling or rooming unit purposes.
E.
Lot frontage.
(1)
On any lot running through from one street to another,
the front of the lot shall, for the purposes of this chapter, be considered
that frontage upon which the majority of the buildings in the same
block front; but in case there has been no clearly defined building
frontage established, the owner may, when applying for a building
permit, specify which lot line shall be considered the front lot line.
(2)
In the case of lots fronting on the turnaround of
a cul-de-sac street or fronting upon any other curved street, lot
frontage (as distinguished from lot width) may equal but shall be
no less than 2/3 of the required lot width as set forth in the Schedule
of Area, Yard and Building Requirements, located at the end of this
chapter.
(3)
All front yards must face on a dedicated public street
or on a private street.
(4)
Where a building lot has frontage upon a street which
on the Master Plan or Official Map of the Borough of Caldwell is contemplated
for right-of-way widening, the required front yard area shall be measured
from such proposed future right-of-way line.
F.
Required yards.
(1)
No yard or any other open space required about or
in connection with any building or buildings for the purpose of complying
with this chapter shall be included as part of a yard or open space
similarly required for any other building.
(2)
No existing yard or existing lot shall be reduced
in dimension or area below the minimum requirements set forth herein.
Yards or lots created after the effective date of this chapter shall
meet or exceed the minimum requirements established herein.
(3)
Except as hereinafter specified in this subsection,
every part of a required yard shall be open to the sky, unobstructed
except for the following man-made structures:
(a)
Accessory buildings in a required rear or side
yard.
(b)
The ordinary projection of parapets, cornices,
eaves, leaders and other ornamental features not to exceed 12 inches.
(c)
Over 20 feet above the average grade level,
nothing in this chapter shall prevent the projection of a cornice
over the front yard and rear yard to an extent not exceeding three
feet; cornices may project over a required side yard up to 1/4 of
its width.
(d)
An open fire balcony, lattice-enclosed fireproof
fire escape or stairway projecting into a yard not more than four
feet.
(e)
Chimneys, smokestacks, flues or elevator shafts
projecting not more than three feet into a required yard or court.
(f)
Ground story and bay windows or balconies projecting
not more than three feet into a required yard.
(g)
An open porch, entranceway or terrace, not over
one story high, projecting into a required front yard or rear yard
a distance of not more than eight feet. No bay window, balcony, porch,
entranceway or stairway constructed under the provisions of this subsection
shall have a width in excess of three times the distance of its projection.
(4)
The requirements of this subsection respecting yards
and courts shall not apply to any necessary retaining wall or steps
nor to any fence or wall which is less than four feet high.
(5)
Vision clearance on corner lots. In any district,
on any corner lot, within the triangular area determined as provided
in this subsection, no wall, fence, sign or other structure shall
be erected to a height in excess of three feet above curb level, and
no vehicle, object or any other obstruction of a height in excess
of three feet shall be parked or placed; and no hedge, shrub or other
growth shall be maintained at a height in excess of three feet, except
that trees whose branches are trimmed away to a height of at least
10 feet above curb level shall be permitted. Such triangular area
shall be determined by the intersecting street lot lines and by the
diagonal line connecting a point on each street lot line, each at
a distance of 25 feet from the intersection of such lot lines.
(6)
Adjustment of yard sizes in districts adjoining more
restricted districts. Along and adjacent to any boundary line between
two different kinds of districts, yards or courts required in the
less restricted district shall be at least equal in depth or width,
respectively, to the depths or widths required for yards or courts
in the more restricted district.
G.
Outdoor sales and rentals of motor vehicles and trailers
prohibited. No lot or vacant land in the Borough shall be used for
the conduct and operation of the business of selling, buying, renting,
trading or storing new, used or secondhand motor vehicles, except
as may be provided by separate ordinance by the Borough Council.
H.
Site plan requirement. Except as hereafter exempted, no building permit shall be issued for any building or use or enlargement of any building or use unless a site plan is first submitted and approved in accordance with Chapter 210, Subdivision and Site Plan Approval,, and no certificate of occupancy shall be given unless all construction conforms to the approved plan; except that site plan approval shall not be required for one- or two-family dwellings or for permitted accessory uses incidental to single-family and two-family dwellings.
I.
Fences.
[Amended 7-7-2012 by Ord. No. 1257-12]
(1)
No fence or other man-made structure in a rear yard shall exceed
six feet in height at any point. No fence or other man-made structure
in a side yard shall exceed four feet in height at any point. No fence
or other man-made structure in a front yard shall exceed three feet
in height at any point. Fence height shall be measured from existing
ground levels.
(2)
No fence shall be placed within 10 feet of a front lot line.
(3)
No fence within 25 feet of a corner of two intersecting streets shall
exceed 36 inches in height, as measured from existing ground levels.
(4)
All fences shall be installed or erected as close to the ground as
possible. The height of a fence may exceed the permissible height
to conform to existing ground heights; provided, however, that 80%
of the fence shall not exceed the maximum height allowed.
(5)
Decorative-type structural posts may extend no more than six inches
above the top of the fence.
(6)
Fences shall be constructed with the face or finished side away from
the property on which the fence is constructed and the structural
side toward the interior of said property.
(7)
No fences or other enclosures shall be installed within six inches
of the property line.
(8)
Fences shall be erected so as to permit the flow of natural drainage
and shall not cause surface water to be dammed or to create ponding.
(9)
Fences shall be maintained to assure the structural integrity of
the fence and to prevent all or portions of the fence from encroaching
over the property line and shall be maintained so as to prohibit an
unsightly appearance to adjoining property owners. "Unsightly appearance"
shall include the following:
(a)
Painted fences whereon paint has chipped or peeled from more
than 15% of the surface area of the fence.
(b)
Fence posts which have become loose or which are leaning more
than 5° from the fence line.
(c)
In the case of picket fences and slatted or other solid-wall
fences, where more than 10% of the picket fences have fallen, been
removed or rotted in any given ten-linear-foot section of such fence.
(10)
The following fences and fence materials are specifically prohibited:
barbed wire; chicken wire; pointed iron slats or pickets; canvas;
cloth; fiberglass; poultry netting; temporary fences such as snow
fences, except where necessary for active construction; and collapsible
fences, except during active construction.
(11)
Despite anything contained herein to the contrary, no fence
shall be erected that interferes with the public right-of-way or interferes
with the visibility of vehicular and pedestrian traffic proceeding
along any public right-of-way.
(12)
Where commercial and/or business property abuts residential
property, chain-link fences shall include privacy inserts.
J.
Swimming pools.
[Amended 7-13-1999 by Ord. No. 1073-99]
(1)
No private swimming pool or wading pool shall be constructed
or installed on any lot unless upon such lot there exists a residence
building. No private swimming pool or wading pool or part thereof
shall be constructed or installed:
(a)
Nearer to the street line of which such premises
fronts than a line 10 feet to the rear of the building setback line
as established by this chapter.
(b)
Nearer than 10 feet to the rear property line.
(c)
Nearer than 10 feet to any side property line.
(d)
Nearer than 10 feet from any exit door of the
residence building.
(2)
Bathhouses, sun decks, buildings or structures to
house mechanical equipment or for storage purposes shall be considered
as accessory buildings and located in accordance with this chapter.
When attached to the main building, they shall be considered as part
of such and located in accordance with this chapter.
(3)
The minimum rear yard area of any lot, as required
by this chapter, shall not be occupied or have built upon it any swimming
pool or any accessory buildings or structures in excess of 30% of
the required yard area.
K.
Garage, yard and other types of household articles sales. Household articles sales shall be permitted in residential zones upon issuance of a permit, but shall be limited to no more than three sales per household per year, with a fee as set forth in Chapter A270, Fees, per sale. Each sale shall be limited to no longer than two consecutive days.
[Amended 7-13-1999 by Ord. No. 1073-99]
L.
Domestic pets. For purposes of this chapter, permitted
domestic pets are limited to the following: domestic cats and dogs,
fish and caged small animals normally kept indoors. Specifically excluded
are all species protected by state or federal regulations, as well
as poisonous snakes, fowl, sheep, goats, cattle, swine and horses.
M.
Mobile homes prohibited. Mobile homes are specifically
prohibited in the Borough of Caldwell.[2]
[2]
Editor's Note: Former Subsection N, regarding
community residences for developmentally disabled or persons with
head injuries and community shelters for victims of domestic violence,
as amended, which immediately followed this subsection, was repealed
7-8-2003 by Ord. No. 1130-03.
N.
Slope regulations. The following requirements shall
be applicable to all properties within all zone districts:
[Added 5-2-2006 by Ord. No. 1165-06]
(1)
In areas with slopes greater than 35%, no disturbance
shall be permitted.
(2)
In areas with slopes greater than 25% to 35%, no more
than 30% of such area shall be disturbed.
(3)
In areas with slopes greater than 15% to 25%, no more
than 60% of such area shall be disturbed.
(4)
In areas with slopes of 15% to 0%, unlimited disturbance
shall be permitted, provided it is in compliance with other provisions
of the ordinance.
O.
Massage, bodywork and somatic therapy. While massage
parlors remain a prohibited use, massage, bodywork and somatic therapy
shall be permitted as an accessory use in the B General Business District,
provided the following requirements are satisfied:
[Added 3-8-2005 by Ord. No. 1152-05]
(1)
The use is accessory to one of the following principal
uses: beauty shop, salon, spa, municipal community center or sports
facility.
(2)
All persons employed, or to be employed, by the establishment
for the purpose of conducting massage, bodywork or somatic therapy
shall be certified by the State of New Jersey pursuant to the Massage,
Bodywork and Somatic Therapist Certification Act,[3] as may be amended from time to time, and such certification
shall remain current.
[3]
Editor’s Note: See N.J.S.A. 45:11-53.
(3)
The name, permanent address, and local address of
both the owner of the business and of those employed in connection
with the providing of massage, bodywork or somatic therapy shall be
on file with the Zoning Enforcement Officer.
(4)
A zoning permit specifically related to the accessory
use shall be obtained prior to the start of any such accessory use.
Prior to the issuance of such zoning permit, the Board of Health of
the Borough of Caldwell shall review the facility for compliance with
the Massage, Bodywork and Somatic Therapist Certification Act and
the regulations promulgated pursuant thereto. The Board of Health
shall issue a report to the Zoning Enforcement Officer with reference
to such compliance. No zoning permit shall be issued if the Board
of Health advises the Zoning Enforcement Officer of a violation of
the statute or regulations or if the Zoning Enforcement Officer finds
that the applicant is not in compliance with all of the requirements
of this section of the chapter.
(5)
Copies of all certifications issued pursuant to the
Massage, Bodywork and Somatic Therapist Certification Act shall be
on file with the Zoning Enforcement Officer.
(6)
The use shall obtain a renewal of the zoning permit
by no later than March 1 of every year. Prior to the issuance of such
zoning permit, the Board of Health of the Borough of Caldwell shall
review the facility for compliance with the Massage, Bodywork and
Somatic Therapist Certification Act, and the regulations promulgated
pursuant thereto. The Board of Health shall issue a report to the
Zoning Enforcement Officer with reference to such compliance. No zoning
permit shall be issued if the Board of Health advises the Zoning Enforcement
Officer of a violation of the statute or regulations, or if the Zoning
Enforcement Officer finds that the applicant is not in compliance
with all of the requirements of this section of the chapter.
(7)
There shall be no violations of the Massage, Bodywork
and Somatic Therapist Certification Act or the regulations promulgated
thereunder, as may be amended from time to time. Any such violation
shall result in an automatic rescission of the zoning permit.
(8)
The accessory use shall not operate in an area in
excess of 25% of the area designated for the principal use.
(9)
There shall be no more than two rooms designated for
massage, bodywork and somatic therapy for every 1,000 square feet
of space occupied by the principal use. There shall be no separate
entrance to those rooms, and access shall be through the access to
the principal use.
(10)
Rooms where massage, bodywork and somatic therapy
shall be performed shall measure a minimum of 100 square feet.
(11)
The accessory use shall only operate during the business
hours of the principal use.
(12)
Any sign advertising the accessory use shall be limited
to no more than two square feet and be nonilluminated. Such square
footage shall be included in the calculation of total sign area and
not in addition to the total permitted.
P.
Mobile temporary storage units.
[Added 7-17-2012 by Ord. No. 1255-12]
(1)
Mobile
temporary storage units shall be permitted on private property, provided
that:
(a)
Said units shall not be permitted on a property for more than 30
consecutive days, nor shall a unit or units be permitted on a property
for more than 90 days per three-hundred-sixty-day period.
(b)
Said units shall not obstruct the free flow of pedestrian or vehicular
traffic and shall not be located within a public right-of-way.
(c)
Said units shall not contain advertising or any other writing, except
to identify the manufacturer or owner of the mobile temporary storage
units.
(2)
The
Building Code Enforcement Officer shall dictate the location of a
temporary storage unit on a property, taking into account accessibility,
safety and aesthetics.
Q.
Prohibited
uses.
[Added 8-17-2021 by Ord. No. 1414-21]
[Added 9-18-2012 by Ord. No. 1263-12]
All principal buildings in all districts shall be clearly identified
as to building number, house number, street number, or name by means
of an unobstructed sign that is attached to the outermost door or
some portion of the outermost structure, or affixed to a lamppost
or other exterior structure clearly visible and readable from the
main abutting street.
The following regulations shall apply to all
nonconforming lots, structures and uses existing at the time of adoption
of this chapter:
A.
Intent. It is the intent of this chapter to permit
any nonconformities to continue until they are removed, but not to
encourage their survival.
B.
Continuance of nonconforming uses. Any nonconforming
use existing at the time of the passage of this chapter may be continued
upon the lot or in the building so occupied. Except as required by
the Borough to bring the building or premises up to code, no nonconforming
use of the building or land shall be enlarged, structurally altered,
extended to occupy a greater area of structure or land or moved in
whole or in part to any other portion of the lot occupied by such
nonconforming use unless the use thereof is changed to a use permitted
in the district in which such building or premises is located.
C.
Continuance of nonconforming structures. A nonconforming
structure, provided that the use of the same is permitted in the district,
may be enlarged, provided that said enlargement complies with all
development regulations of the district.
D.
Prohibition against the conversion of one nonconforming
use to another. Changes from one nonconforming use to another nonconforming
use are prohibited.
E.
Conversion to permitted use. Any nonconforming building
or use which has been changed to a conforming use shall not be changed
back again to a nonconforming use.
F.
Abandonment. If any nonconforming use of a building
or land ceases for any reason for 12 consecutive months or for 18
months during any three-year period, such structure and premises in
combination shall be considered abandoned and shall not thereafter
be used except in conformance with the regulations of the district
in which it is located.
G.
Restoration. Notwithstanding anything to the contrary
hereinabove set forth, nothing in this chapter shall prevent the reconstruction,
repairing, rebuilding and continued use of any nonconforming building
or structure damaged or destroyed by fire, explosion, flood, windstorm
or other act of God; provided, however, that there shall be no enlargement
of the original structure and that the work shall be initiated within
six months from the occurrence of such damage or destruction and shall
be diligently pursued to completion.
H.
Repairs and maintenance of unsafe buildings. Nothing
in this section shall be construed to prevent the strengthening or
restoration to a safe and lawful condition any part of a building
declared to be unsafe or unlawful by the Building Official, Chief
of the Fire Department or other duly authorized Borough official.
Such repairs and maintenance work rendered necessary by wear and tear
and required to keep it in sound condition may be made to a nonconforming
structure, provided that no structural alterations shall be made to
supporting members of the building (walls, columns, beams, girders),
except such as are required by law.
I.
Adjacent nonconforming lots in single ownership. If
two or more lots (at least one of which is undeveloped) with continuous
frontage are in single ownership of record, regardless of separate
deeds, at the time of passage of this chapter, and if all or some
of the lots do not meet the lot area or lot width requirements established
by this chapter, the lands involved shall be considered to be an individual
parcel for the purpose of this chapter, and no portion of said parcel
shall be used or sold which does not meet lot area and width requirements
established by this chapter, nor shall any division of parcel be made
which leaves remaining areas or yards which do not meet the requirements
stated in this chapter.
A.
Exceptions to height limitations.
(1)
The provisions of this chapter with regard to height
shall not apply to church spires, steeples, belfries, clock-towers,
noncommercial radio towers, flagpoles, chimney stacks, skylights,
scenery lofts, antennas, water tanks, fire or parapet walls or roof
structures for the housing of elevators, stairways, ventilating fans,
air-conditioning equipment or similar equipment and structures, provided
that such features shall be erected only to such height as is necessary
to accomplish the purpose they are to serve.
B.
Exceptions to lot area and width requirements. Notwithstanding
any provision of this chapter to the contrary, any parcel of land
located in a residential zone with a lot area and/or width which is
less than that prescribed for a lot in the zone in which such parcel
is located may be used for single-family residential purposes, provided
that the property owners shall submit proof by affidavit to the Inspection
Department of the following:
(1)
The property owner does not own any property adjoining
such undersized parcel.
(2)
Dwellings or other principal uses are located on the
lots adjacent to the undersized parcel.
(3)
The property owner cannot acquire property from any
adjacent lot either because the owner of such lot refuses to sell
or because such sale would render such adjacent lot in violation of
this chapter with respect to side yard, width or bulk area requirements.
(4)
The undersized parcel and the dwelling to be erected
thereon complies with all other requirements of this chapter.
C.
Exceptions to yard requirements.
(1)
Where a lot is situated between two lots, each of
which is developed with a main building which projects beyond the
established front building line as required by this chapter and has
been so maintained since the enactment of this chapter, the minimum
front yard requirement of such lot may be the average of the front
yards of said existing buildings.
(2)
Where a lot adjoins one lot developed as described
above and a vacant lot, the minimum front yard requirement of such
lot may be the average of the front yard of the existing building
and the established front setback line established by this chapter.
(3)
Where a lot to be built upon has frontage on a street
which contains developed lots within the same block with front yard
setbacks that are greater than the minimum setback in the Schedule
of District Regulations, the minimum front yard setback of such lot
to be built upon shall be based upon the average setback of surrounding
properties with frontage on the same street. The average setback of
surrounding properties shall be calculated using the front yard setbacks
of the principal buildings on the two closest developed lots with
frontage on the same street and within the same block.
[Added 10-17-2006 by Ord. No. 1171-06]
A.
Permitted principal uses. No building, structure or
premises shall be used, and no building or structure shall be erected
or structurally altered, except for the following uses:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 250-19 are complied with:
A.
Permitted principal uses. No building, structure or
premises shall be used, and no building or structure shall be erected
or structurally altered, except for the following uses:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 250-19 are complied with:
[Amended 7-13-1999 by Ord. No. 1073-99]
D.
Height, area and yard requirements. As specified in
the schedule of regulations, located at the end of this chapter.
A.
Permitted principal uses. No building, structure or
premises shall be used, and no building or structure shall be erected
or structurally altered, except for the following uses:
D.
Height, area and yard requirements. As specified in
the schedule of regulations, located at the end of this chapter.
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 250-19 are complied with:
[Amended 7-13-1999 by Ord. No. 1073-99]
D.
Height, area and yard requirements. As specified in
the schedule of regulations, located at the end of this chapter, except
as hereinafter provided:
(1)
One side yard may be omitted entirely and two houses
built semidetached, provided that they are built at the same time
with a common party wall; also provided that each remaining (other)
side yard shall have a width equal to the aggregate prescribed for
both side yards on any one lot.
[Added 11-28-2000 by Ord. No. 1099-00]
A.
Permitted principal uses. No building, structure or
premises shall be used, and no building or structure shall be erected
or structurally altered, except for the following uses:
[Amended 7-13-1999 by Ord. No. 1073-99]
B.
Permitted accessory uses and buildings. Uses incidental
to the above uses, including but not limited to those specified below:
[Amended 7-13-1999 by Ord. No. 1073-99]
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 250-19 are complied with:
D.
Design requirements for garden apartments.
(1)
No structures or buildings shall be used or erected
for the use or accommodation of more than 12 dwelling units for each
acre of area of the lot on which such structures or buildings are
erected.
[Amended 1-29-2002 by Ord. No. 1109-02]
(2)
The minimum distance between separate freestanding
buildings shall be the sum of the two abutting yard areas.
(3)
Basement apartments shall be prohibited.
(4)
All staircases except fire escapes shall be in the
interior of the building.
(5)
There shall be only one central television antenna
in each building for use of occupants therein.
(6)
No front yard shall contain service facilities for
the dwellings, such as clothes drying, storage or the like.
(7)
For any development of 6 dwelling units or more, a
minimum of 15% of the total land area of the site shall be allocated
and developed for usable recreation space. In no case shall such usable
recreation space be less than 2,500 square feet in size or less than
75 feet wide.
[Amended 1-29-2002 by Ord. No. 1109-02]
(8)
All areas of a garden apartment development not used
for the construction of buildings, roads, accessways, parking areas
or sidewalks shall be fully landscaped or grassed.
(9)
No parking shall be permitted on any road or accessway
within the garden apartment development.
E.
Height, area and yard requirements. As specified in
the schedule of regulations, located at the end of this chapter.
F.
Off-street parking requirements. As specified in § 250-20, except as hereinafter provided.
(1)
Garage facilities or off-street parking areas shall
be provided on the lot sufficient to provide storage or parking for
a number of vehicles equal to not less than twice the number of dwelling
units and shall be developed and maintained in accordance with the
following:
(a)
Garages and parking areas shall be used for
automobile parking only with no sales, dead storage, repair work,
dismantling or servicing of any kind.
(b)
Parking areas shall be paved and curbed and
provided with an adequate system of stormwater drainage.
(c)
No garages or off-street parking areas shall
be located between the main building or buildings and the street line
on which the building or buildings front.
(d)
No garages or off-street parking areas shall
be located nearer than five feet from any adjoining property line.
(e)
Where the rear or side yard of a lot abuts on
a street, no garage or off-street parking area shall be located nearer
than 25 feet from such street line.
(f)
No parking area may be placed closer to a building
than 20 feet.
(g)
All garage walls facing any street shall be
screened from street view by dense evergreen planting or hedge planting
at least six feet in height, maintained in good condition.
(h)
All off-street parking areas shall be efficiently
screened along all side and rear lot lines by a six-foot-high wood
or wire fence landscaped with dense evergreen planting or a dense
evergreen shrub or hedge screening at least six feet in height maintained
in good condition.
H.
Screening. Wireless communications facilities shall
be screened from the view of existing residential units to the greatest
extent practicable if there exists screening material, acceptable
to the Board, which does not interfere with or prevent wireless communications.
[Added 8-15-2000 by Ord. No. 1097-00]
A.
Permitted principal uses. No building, structure or
premises shall be used, and no building or structure shall be erected
or structurally altered, except for the following permitted uses:
[Amended 3-28-1995 by Ord. No. 988-95]
(1)
Retail stores where goods are sold only to the local
trade and where nothing is fabricated, manufactured, converted or
altered except for such local trade, such as or similar to the following:
grocery store, bakery, drug store, packaged liquor store, garden and
flower shop, household supply and furniture store, apparel store,
hardware, plumbing supplies and electrical appliance stores, antique
and hobby shops and stationery stores.
(2)
Personal service establishments, such as or similar
to the following: beauty shops or barbershops, dry-cleaning or tailoring
shops, radio and electrical repair establishments and studios for
instruction in music, singing or dancing.
(3)
Shopping centers.
(4)
Restaurants and other eating and drinking establishments
not of the development type.
(5)
Banks and fiduciary institutions.
(6)
Hotels.
(7)
Business and professional offices.
(8)
Poultry killing, dressing or live storage, only for
sale exclusively at retail on the premises.
(9)
Studios and art galleries.
(10)
Public and private nonprofit educational institutions.
(11)
Funeral homes.
(12)
Wholesale salesrooms or similar rooms for articles
needed in connection with any permitted use.
(13)
Upholstery shops.
(14)
Job printing.
(15)
Theaters.
B.
Permitted accessory uses and buildings. Uses and buildings
incidental to the above uses, including but not limited to those specified
below:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 250-19 are complied with:
D.
Prohibited uses. Uses which are not specifically permitted in the B General Business District pursuant to Subsection A are deemed to be prohibited. Uses permitted within the General Business District shall not be interpreted to include and are hereby defined to exclude:
[Amended 3-28-1995 by Ord. No. 988-95]
(1)
Drive-in operations.
(2)
Junkyards.
(3)
Abortion clinics.
(4)
Narcotics clinics.
(5)
Peep shows.
(6)
Massage parlors.
(7)
Adult bookstores.
(8)
Discotheques or similar dancing facilities.
(9)
Tattoo parlors and establishments of any nature whatsoever
which utilize needles of the purpose of making indelible markings
upon the body by the insertion of pigment under the skin or by production
of scars.
[Added 10-8-1996 by Ord. No. 1027-96]
(10)
Fortune-telling, or any service designed to
foretell, reveal, disclose, divine or attempt to foretell, reveal,
disclose or divine any event, past, present or future, by means of
the possession or alleged possession of any occult or mysterious power,
whether the same be manifested through a medium, cards, hypnotism,
clairvoyance, fortune-telling, palmistry, phrenology or any other
mode or fashion.
[Added 10-8-1996 by Ord. No. 1027-96]
(11)
Sale of display of paraphernalia relating to
controlled dangerous substances as defined by N.J.S.A. 24:21-1, et
seq.
[Added 10-8-1996 by Ord. No. 1027-96]
(12)
Sale or display of "obscene material" as defined
by N.J.S.A. 2C:34-2 et seq.
(13)
The operation of a "sexually oriented business,"
as defined by N.J.S.A. 2C:34-6, within 1,000 feet of any existing
sexually oriented business or any church, synagogue, temple or other
place of public worship or any elementary or secondary school or any
school bus stop or any municipal or county playground or place of
residential use.
[Added 10-8-1996 by Ord. No. 1027-96]
E.
Height, area and yard requirements. As specified in
the schedule of regulations, located at the end of this chapter, except
as hereinafter provided:
(1)
Front yards. A front yard is generally not required.
However, a front yard of not less than 25 feet in depth is required
where all of the first story or any part of an upper story is currently
used for dwelling purposes. In addition, a front yard of 25 feet in
depth shall be required in the B General Business Zone in the area
south of the Erie Railroad right-of-way between approximately Elm
Road and Dewey Avenue.
(2)
Side yards. Side yards are generally not required, but where any part of a building or structure is currently used for human habitation, there shall be side yards, each of a minimum width of 15 feet. In addition, side yards of a minimum width of 15 feet shall be required in the B General Business Zone in the area described in Subsection E(1) above.
H.
Requirements for the storage and display of materials.
All materials and equipment except gardening supplies, nursery stock
and automobile accessories shall be stored and displayed in completely
enclosed buildings, except as permitted by the Borough Council.
A.
Permitted principal uses. No building, structure or
premises shall be used and no building or structure shall be erected
or structurally altered, except for the following uses:
(1)
Professional and general office use buildings.
(2)
Business offices for executive or administrative purpose.
(3)
Finance, real estate and insurance offices.
(4)
Telephone, telegraph and communications offices.
(5)
Medical offices, clinics and testing laboratories.
(6)
Educational training centers.
(7)
Private off-street parking as a principal use.
C.
Conditional uses. None.
D.
Height, area and yard requirements. As specified in
the schedule of Regulations, located at the end of this chapter, except
as hereinafter provided.
(1)
Office buildings in the OP-2 Zone shall not exceed
a floor area ratio (FAR) of 35%.
G.
Prohibited uses. Prohibited uses shall be as follows:
[Added 10-8-1996 by Ord. No. 1027-96; amended 7-13-1999 by Ord. No. 1073-99]
(1)
Drive-in operations.
(2)
Junkyards.
(3)
Abortion clinics.
(4)
Narcotics clinics.
(5)
Peep shows.
(6)
Massage parlors.
(7)
Adult bookstores.
(8)
Discotheques or similar dancing facilities.
(9)
Tattoo parlors and establishments of any nature whatsoever
which utilize needles of the purpose of making indelible markings
upon the body by the insertion of pigment under the skin or by production
of scars.
(10)
Fortune-telling, or any service designed to
foretell, reveal, disclose, divine or attempt to foretell, reveal,
disclose or divine any event, past, present or future, by means of
the possession or alleged possession of any occult or mysterious power,
whether the same be manifested through a medium, cards, hypnotism,
clairvoyance, fortune-telling, palmistry, phrenology or any other
mode or fashion.
(11)
Sale of display of paraphernalia relating to
controlled dangerous substances as defined by N.J.S.A. 24:21-1, et
seq.
(12)
Sale or display of "obscene material" as defined
by N.J.S.A. 2C:34-2 et seq.
(13)
The operation of a "sexually oriented business,"
as defined by N.J.S.A. 2C:34-6, within 1,000 feet of any existing
sexually oriented business or any church, synagogue, temple or other
place of public worship or any elementary or secondary school or any
school bus stop or any municipal or county playground or place of
residential use.
[Added 7-7-1998 by Ord. No. 1062-98]
A.
Permitted principal uses. No building, structure or
premises shall be used, and no building or structure shall be erected
or structurally altered, except for the following uses:
C.
Conditional uses. Conditional uses shall be as follows:
none.
D.
Height, area and yard requirements. Height, area and yard requirements shall be as specified in the schedule of regulations (§ 250-6), except as hereinafter provided: Professional office use and combination professional office and residential shall not exceed a floor area ratio (FAR) of 35%.
[Added 9-28-1999 by Ord. No. 1080-99]
A.
Permitted principal uses. No building, structure or
premises shall be used and no building or structure shall be erected
or structurally altered, except for the following uses:
B.
Permitted accessory uses and buildings. Uses incidental
to the above uses, including but not limited to those specified below:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 250-19 are complied with:
D.
Design requirements for garden apartments.
(1)
No structure or building shall be used or erected
for the use or a combination of more than 8 dwelling units for each
acre of area of the lot on which such structures or buildings are
erected.
[Amended 1-29-2002 by Ord. No. 1109-02]
(2)
The minimum distance between separate, freestanding
buildings shall be the sum of the abutting yard areas.
(3)
Basement apartments shall be prohibited.
(4)
All staircases except fire escapes shall be
in the interior of the building.
(5)
There shall be only one central television antenna
in each building for use of occupants therein.
(6)
No front yard shall contain service facilities
for the dwellings, such as clothes drying, storage or the like.
(7)
For any development of 6 dwelling units or more,
a minimum of 15% of the total land area of the site shall be allocated
and developed for usable recreation space. In no case shall such usable
recreation space be less than 2,500 square feet in size or less than
75 feet wide.
[Amended 1-29-2002 by Ord. No. 1109-02]
(8)
All areas of a garden apartment development
not used for the construction of buildings, roads, accessways, parking
areas or sidewalks shall be fully landscaped or grass.
(9)
No parking shall be permitted on any road or
accessway within the garden apartment development.
E.
Height, area and yard requirements. As specified in
the schedule of regulations, located at the end of this chapter, except
that office buildings, shall not exceed a floor area ratio (FAR) of
35%.
F.
Off-street parking requirements. As specified in § 250-20, except as hereinafter provided.
(1)
Garage facilities or off-street parking areas
shall be provided on the lot sufficient to provide storage or parking
for a number of vehicles equal to not less than twice the number of
dwelling units and shall be developed and maintained in accordance
with the following:
(a)
Garages and parking areas shall be used for
automobile parking only with no sales, dead storage, repair work,
dismantling or service of any kind.
(b)
Parking areas shall be paved and curbed and
provided with an adequate system of stormwater drainage.
(c)
No garages or off-street parking areas shall
be located between the main building or buildings and the street line
on which the building or buildings front.
(d)
No garages or off-street parking areas shall
be located nearer than five feet from any adjoining property line.
(e)
Where the rear or side yard of a lot abuts on
a street, no garage or off-street parking area shall be located nearer
than 25 feet from such street line.
(f)
No parking area may be placed closer to a building
than 20 feet.
(g)
All garage walls facing any street shall be
screened from street view by dense evergreen planting or hedge planting
at least six feet in height, maintained in good condition.
(h)
All off-street parking areas shall be sufficiently
screened along all side and rear lot lines by a six-foot high wood
or wire fence landscaped with dense evergreen planting or a dense
evergreen shrub or hedge screening at least six feet in height, maintained
in good condition.
A.
Intent.
(1)
Recognizing the necessity for certain specific uses,
while at the same time appreciating the fact that they may be, or
may become, inimical to the public health, safety and general welfare
of the community if improperly designed or located without due consideration
to the existing conditions and surroundings, the standards and procedures
in this section are hereby established.
(2)
A conditional use is a permitted use, not as a matter
of right, but rather at the discretion of the Planning Board based
upon satisfactory compliance with articulated criteria and standards
as specified herein.
(3)
These standards are intended to provide the Planning
Board with a guide for the purpose of reviewing applications for conditional
uses as provided for by this chapter. In reviewing an application,
the Planning Board may act on site plans submitted to it or may suggest
modifications and changes. In approving an application, the Planning
Board may require, in addition to features specified, such other features
or design, in keeping with the intent thereof, that will further the
purpose of these standards and regulations. Such features shall be
provided and maintained as a condition of the establishment and maintenance
of any use to which they are a condition of approval.
(4)
Notwithstanding compliance with specific conditional
use standards hereinafter set forth, no conditional use will be permitted
if the use at the proposed location would be detrimental to the health,
safety and general welfare of the community.
B.
Licensed nursing homes and convalescent homes. Licensed
nursing homes and convalescent homes may be permitted in the RAA,
RA and RB Zones, provided that:
(1)
Such use fronts upon a street classified in the Borough's Master Plan as other than a local street as defined in Chapter 210, Subdivision and Site Plan Approval.
(2)
Such building shall be not less than 150 feet from
any other dwelling, house or structure used for housing of human beings
or from a church, library, school or other public building.
(3)
The applicant shall comply with all state requirements
for such use.
(4)
Such building shall be set back at least 40 feet from
the street and rear lot lines and at least 20 feet from side lot lines.
(5)
Off-street parking shall be provided for at least
one space for each three beds, plus one space for each staff member
and employee, based upon the maximum number estimated to be on duty
at any one time. Such off-street parking area shall be suitably screened
from adjoining residential lots by appropriate landscaping and/or
fencing.
(6)
Areas for outdoor recreation of a size and location
sufficient to properly serve the needs of the occupants are provided.
(7)
It is ascertained by the Planning Board that the use
will meet a community need without adversely affecting the character
of the neighborhood.
C.
Nursery schools. Nursery schools may be permitted
in the RAA, RA or RB Zones, provided that:
(1)
Ingress and egress to the facility is such that the
safety of the children is protected to the satisfaction of the Planning
Board.
(2)
The building is appropriately designed and provides
adequate fenced yard space.
(3)
There are no home professional or home occupation
uses carried on in the building.
(4)
The nursery school shall be licensed by the State
of New Jersey Board of Education.
(5)
It is ascertained by the Planning Board that the use
will meet a community need without adversely affecting the character
of the neighborhood.
D.
Gasoline service stations and public garages. Gasoline
service stations and public garages may be permitted in the B and
LM/W Zones, provided that:
(1)
Such use shall not have an entrance or exit on the
same side of the street and within 200 feet of an entrance or exit
to a public or private school, public library, theater, church, public
park or playground, orphanage or children's home, nursery school or
fire station, nor within 50 feet of a residential district, except
where and when the property is in another block or on another street
which the lot in question does not abut. Such distance is to be measured
along a straight line between the properties involved.
(2)
A description of the nature and extent of the proposed
use shall be provided to the Planning Board.
(3)
No gasoline pumps shall be placed within 20 feet of
any street or lot line.
(4)
There shall be no more than two access driveways along
any one street. The minimum distance between driveways on the site
shall be 15 feet, and access driveways shall be at least 10 feet from
the nearest lot line and at least 20 feet from the nearest street
line.
(5)
No part of any garage shall be nearer than 25 feet
to any street line or 15 feet to any lot line.
(6)
No commercial repair work, except minor repair work,
shall be conducted outdoors on the property.
(7)
Such use shall be adequately buffered and screened
from any adjacent residential use as determined by the Planning Board.
(8)
The use of strings on pennants, flags or similar decorations,
such as whirling displays, are expressly prohibited, but shall be
allowed for a period of one week to mark a grand opening.
(9)
No more than three vehicles, excluding those owned
or leased by the proprietor(s) per service bay shall be stored outside
overnight on the premises.
E.
Quasi-public clubs and organizations. Quasi-public
nonprofit clubs and organizations, as well as philanthropic and charitable
uses, may be permitted in the RB, RD and B Zones, provided that:
(1)
Such use, when taken in conjunction with other existing
land uses, will not generate traffic that would result in an undue
burden upon the available access streets, resulting in a traffic hazard,
congestion or excessive interference with normal traffic movement
on adjacent streets.
(2)
A statement setting forth full particulars of the
operation of the use and the total number of proposed charter members
(for membership clubs) shall be filed with the Planning Board.
(3)
It is ascertained by the Planning Board that the proposed
use is a bona fide nonprofit organization operated solely for the
recreation and enjoyment of the members of said organization, or for
civic, humanitarian or charitable purposes.
(4)
It is ascertained by the Planning Board that the proposed
use in the proposed location shall in no way adversely affect the
safe and comfortable enjoyment of property rights in the area in which
it is located or otherwise adversely affect the value of adjacent
properties.
(5)
That the design of any structures erected in connection
with such use are in keeping with the general character of the area
and that sufficient landscaping, including trees, shrubs and lawns,
are provided to serve as a buffer between said use and adjoining residential
properties.
(6)
The maximum membership limit of said organization
shall be fixed at the time of application and shall be commensurate
to the amount of land to be used and the exact nature of the use.
No further expansion of said membership shall be made unless supplemental
approval is granted by the Planning Board.
F.
Home occupations. Home occupations may be permitted
in the RAA, RA, RA/OP and RB Zones, provided that:
(1)
Such occupation shall be conducted solely by members
of the resident family.
(2)
Such use shall occupy an area equivalent to not over
25% of the floor area of one story.
(3)
There shall be no conspicuous display of goods or
advertising to be seen from outside the premises.
(4)
Such use shall in no way be objectionable or detrimental
to the well-being or to the harmonious character of the neighborhood.
G.
Home professional offices. Home professional offices
may be permitted in the RA/OP Zone, provided that:
(1)
The lot meets the minimum requirements of this chapter
with respect to lot area and lot width.
(2)
No structural alterations to accommodate the use of
the dwelling for office use are required.
(3)
Such use shall occupy an area equivalent to not over
50% of the floor area of one story.
(4)
Such use shall not involve the sale of any goods,
products or merchandise.
(5)
The dwelling unit proposed to house such use is a
single-family unit.
(6)
Sufficient off-street parking space, as determined
by the Planning Board on a case-by-case basis, is provided in the
rear or side yards, such parking area to be suitably shielded from
adjacent properties by means of appropriate landscaping and/or fencing.
I.
Billboards and outdoor advertising signs. Billboards,
signboards and advertising signs may be permitted in the B and LM/W
Zones, provided that:
(1)
No structure for this purpose shall be closer than
15 feet to any front lot line or 10 feet to any side lot line.
(2)
No such sign shall be within 50 feet of a residential
district.
(3)
No billboard or outdoor advertising sign shall have
less than four feet of clear space between it and the ground, or shall
at any point be higher than 16 feet above ground level.
(4)
No billboard or outdoor advertising sign shall have
a horizontal dimension of more than 13 feet.
(5)
All rubbish and vegetation more than six inches high
shall be kept constantly removed from a space at least five feet in
all directions around such billboards or signboards.
J.
Multifamily dwellings. Multifamily dwellings of the
type with more than two units having the same exterior entrance or
exit doorways may be permitted in the RD Zone, provided that:
(1)
The lot in question has less than the required minimum
lot area for development in the RD Zone.
(2)
The maximum number of units permitted in the building
shall be calculated based upon a gross density of 20 dwelling units
per acre. Fractional units shall be rounded back to the last whole
unit.
(3)
A parcel of land large enough to accommodate 12 or
more units shall comply with the requirement that a minimum of 15%
of the site be allocated and developed for usable recreation space
or spaces. No such space shall be less than 2,500 square feet in size
or less than 75 feet wide.
(4)
Garage facilities or off-street parking areas shall
be provided on the lot sufficient to provide storage or parking for
a number of automobiles equal to no less than twice the number of
family dwelling units. Off-street parking areas shall be adequately
buffered and screened as determined by the Planning Board.
K.
Wireless communications facilities. Wireless communications
facilities may be permitted in the RD Zone, provided that:
[Added 8-15-2000 by Ord. No. 1097-00]
(1)
The facilities are affixed to the main roof of a building.
(2)
The building is one with more than five stories.
(3)
The facilities shall not exceed a height of 10 feet
above the main roof of the building.
(4)
The area of any equipment shed shall be limited to
greater than 200 square feet.
(5)
All wireless communications facilities shall be set
back on the roof a distance of least 10 feet from the edge of the
roof or outer edge of the parapet.
A.
Scope of provisions. Off-street parking, loading/unloading
and service requirements of this section shall apply and govern in
all present and future zones. Except as provided in this section,
no application for a building permit, except for single-family and
two-family dwellings used solely for residential purpose, shall be
approved unless there is included with the plan for such building,
improvement or use, a site plan showing the required space reserved
for off-street parking, unloading and service purposes. An occupancy
permit shall not be given unless the required off-street parking,
unloading and service facilities have been provided in accordance
with those shown on the approved plan. No land shall be used or occupied,
no structure shall be designed, created, altered, used or occupied
and no use shall be operated unless off-street parking and unloading
facilities are provided in accessory private garages or off-street
parking areas in at least the amounts specified in this section.
[Amended 5-5-2015 by Ord. No. 1305-15]
B.
Minimum design standards.
(2)
Minimum off-street parking requirements of particular
uses. Minimum requirements shall be as follows:
|
Uses
|
Required Parking Spaces
|
|---|---|
|
Automotive service stations
|
3 parking spaces for each bay plus 1 for each
employee
|
|
Banks and savings institutions
|
1 parking space for each 100 square feet of
floor area exclusive of service areas, or 10 spaces for each teller
window, whichever is greater
|
|
Church, synagogue or other places of worship
|
At least 1 space for each 4 seats, or 1 for
each 100 inches of seating space when benches rather than seats are
used
|
|
Club, lodge or service organization
|
1 parking space for every 200 square feet of
floor area plus additional facilities as required by the Planning
Board based upon anticipated usage
|
|
Commercial or personal service establishment:
| |
|
Grocery story, food markets and supermarkets
|
1 space per 100 square feet of gross floor area
|
|
Delicatessen and bakery
|
1 space per 250 square feet of gross floor area
plus 1 space per employee
|
|
Barbershop and beauty shops
|
3 spaces for each beautician and barber or 1
space for each 150 square feet of gross floor area and 1 space per
employee, whichever the greater
|
|
Other retail commercial or personal service
uses not specifically listed elsewhere in this section
|
1 space for each 150 square feet of floor area
where the floor area shall not exceed 2,000 square feet; 1 space for
each 175 square feet of floor area where the floor area shall exceed
2,000 square feet
|
|
Commercial buildings, social halls and places
of public assembly
|
1 parking space for each 2 seats, except where
a specific amount of seating is undetermined, then 1 parking space
shall be required for each 75 square feet if assemblage area
|
|
Educational and training school or institution
(nonprofit or commercial)
|
1 space for each employee, plus 1 space for
each seat or 1 space for each 150 square feet of classroom and laboratories
used for instructional purposes, whichever is greater
|
|
Funeral homes and mortuaries
|
1 space for each 4 seats in the chapel plus
1 space for each funeral vehicle plus those spaces associated with
residential use of the structure if such use exists
|
|
Home professional office (exclusive of a dentist
or physician)
|
A minimum of 4 spaces in addition to those required
for the residential use, plus additional facilities as required by
the Planning Board on a case-by-case basis
|
|
Laboratory and research uses
|
1 space for each 300 square feet of gross floor
area
|
|
Manufacturing uses
|
1 space for each employee on the maximum shift,
or 1 space for each 300 square feet of gross floor area, whichever
the greater
|
|
Medical or dental clinics or offices, including
home professional offices
|
5 spaces for each doctor or dentist and 1 space
for each 250 square feet of gross floor area
|
|
Motels, hotels, motor lodges, rooming houses
|
1 space for each room, and in addition, compliance
with the requirements for each particular additional use located on
the property, such as restaurants, eating and drinking establishments,
retail stores, etc.
|
|
Nursing homes
|
1 space for each 3 beds, plus 1 space for each
full-time employee
|
|
Offices (other than medical and dental)
|
1 space for every 200 square feet of floor area
|
|
Residential dwellings
|
2 spaces for each dwelling unit A driveway of
40 feet or more in length shall be counted as 2 spaces A driveway
of less than 40 feet shall be counted as 1 space
|
|
Restaurants, eating and drinking establishments
and catering halls
|
1 space for each 2 1/2 seats provided for
patron use, or 1 space for each 75 square feet of retail space exclusive
of utility rooms, whichever the greater
|
|
Shopping center
|
6 spaces for each 1,000 square feet of floor
area or fraction thereof
|
|
Theaters
|
1 space for each 3 seats
|
|
Wholesale establishments, warehouses, furniture
stores, motor vehicle establishments
|
1 space for each 500 square feet of floor area
|
(3)
Waiver of parking requirements. If any applicant can
clearly demonstrate to the Planning Board that, because of the nature
of his operation or use, the parking requirements of this section
are unnecessary or excessive, the Planning Board shall have the power
to approve a site plan showing less paved parking area than is required
by this section.
(4)
Required size of loading/unloading berths. A loading
berth shall have a minimum width of 12 feet and a minimum fifteen-foot
overhead clearance. The length of the loading berth shall be such
that the horizontal distance from the front of a dock for back-in
parking to the limiting boundary of the loading and unloading area
shall be not less than twice the overall length of the longest vehicle
expected to use the facility, but not less than 40 feet in any case.
(5)
Minimum required number of loading/unloading berths.
Loading berths shall be provided as determined by the Planning Board
on a case-by-case basis.
(6)
Requirements for combined uses. The number of off-street
parking spaces or loading berths required by land or buildings used
for two or more purposes shall be the sum of the requirements for
the various individual uses.
(7)
Parking provided on the same lot as main building.
Parking spaces for all uses shall be provided on the same lot as the
main building to be serviced by such parking, except that the off-street
parking requirements for two or more nonresidential neighboring uses
may be satisfied by the allocation of the required number of spaces
for each use in a common parking facility, provided that the number
of off-street parking spaces is not less than the sum of individual
requirements.
(8)
Connection to a public right-of-way. Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of a driveway, constructed at least in accordance with the minimum standards required by the Chapter 210, Subdivision and Site Plan Approval, and each parking space shall connect to an aisle providing access thereto.
(9)
Size of driveways.
(10)
Location of curb cuts. At street intersections,
curb cuts shall be set back not less than 20 feet from the intersection
of the two curblines or such lines extended and shall be set back
not less than five feet from the intersection of two property lines
or such lines extended. Between the curb returns for any two driveways
serving the same property, there shall be at least 25 feet of curb,
except that this distance may be reduced to as little as five feet
where it is demonstrated that restricted frontage makes this necessary
in order to provide adequate driveways (not more than two) for the
property.
(11)
Size of aisles. The width of all aisles providing
direct access to individual parking stalls shall be in accordance
with the requirements set forth below. Only one-way traffic shall
be permitted in aisles serving parking spaces placed at an angle other
than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
0° (parallel parking)
|
12
|
|
30°
|
11
|
|
45°
|
13
|
|
60°
|
18.5
|
|
90° (perpendicular parking)
|
24
|
(12)
General location. In all nonresidential zones,
off-street parking space may be located in the front, side and rear
yards; provided, however, that no parking area shall be located nearer
than five feet to any property line.
(13)
Provisions for proper construction drainage and maintenance. All off-street parking, off-street loading and service facilities shall be so drained as to prevent damage to abutting properties and/or public streets and shall be paved in accordance with Chapter 210, Subdivision and Site Plan Approval. Such drainage and materials shall be subject to the approval of the Borough Engineer. All such areas shall be at all times maintained at the expense of the owners thereof, in a clean, orderly and dust-free condition.
(14)
Lighting for night use. Adequate lighting shall
be provided if the off-street parking facilities are used at night.
Lighting should provide a minimum of two footcandles at intersections
and a total average illumination of one footcandle throughout the
parking area. Such lighting shall be arranged and installed so as
not to create a hazard or nuisance to adjoining properties or the
traveling public due to reflection or glare.
(15)
Pavement markings and signs. Each off-street
parking space shall be clearly marked, and pavement directional arrows
or signs shall be provided wherever necessary.
(16)
Buffer required when adjoining property is residential.
Where off-street parking, loading or service areas are proposed to
be located closer than 50 feet to a lot in any residential zoning
district, or to any lot upon which there exists a dwelling as a permitted
use under these regulations, except where a county highway coincides
or is located between the lot line and the residential district, and
where such parking, loading or service areas are not entirely screened
visually from such lot by an intervening building or structure, there
shall be provided along the lot line a minimum five-foot continuous
screen of either masonry wall, solid woven fencing, evergreen hedging
or similar materials or combinations thereof, at least four feet but
not more than six feet in height, so that lights of vehicles operating
within such area will not shine upon neighboring residential properties.
No such screen shall extend nearer to a street right-of-way line than
the building line of the adjoining residential lot.
(17)
Storage of commercial vehicles, construction
equipment, trailers and recreational vehicles.
[Amended 5-27-1997 by Ord. No. 1039-97]
(a)
The following vehicles and equipment shall not
be permitted to park in the front or side yard in any residential
zone unless delivering merchandise or providing service to the public:
[1]
Commercial vehicles, defined as vehicles with
commercial plates.
[2]
Trucks and vans, with the exception of those
that are intended solely for personal use, not related to any business
use.
[3]
Tractor trailer cabs and semitrailers.
[4]
Construction equipment and trailers (including
landscaping trailer and equipment)
[5]
Boats, either on a trailer or on blocks.
[6]
Recreational vehicles (i.e., auto campers).
[7]
Campers.
[8]
Livery vehicles.
[9]
Trailers.
(b)
In all residential zones, any items included in items B(17)(a)[1] through [9] above shall not be permitted to park in the rear yard unless they are properly screened from the view from adjacent properties. Parking in the rear yard shall be permitted only on impervious surfaces (no parking or storage on lawn areas); said impervious surface shall not exceed the maximum allowed in the respective zone. A buffer shall be provided in accordance with Subsection B(16) to shield adjacent properties from the view of the items listed.
(18)
Use of off-street parking spaces for repair
of vehicles. No off-street parking or loading area shall be used for
the sale, repair, dismantling, servicing or storage of any vehicle
equipment, materials or supplies, except that no more than one vehicle
which is being repaired or reconstructed may be stored on a lot in
any residential zone, provided that said vehicle is registered in
the name of a legal occupant of the premises where it is stored.
[Amended 2-23-1993 by Ord. No. 949-93, 3-26-1996 by Ord. No.
1006-96; 11-6-1996 by Ord. No. 1028-96; 1-28-1997 by Ord. No.
1030-97; 6-22-1999 by Ord. No. 1072-99; 8-12-2003 by Ord. No.
1132-03]
A.
Purpose. The attractiveness of the Borough of Caldwell
contributes to the general welfare and economic well-being of its
citizens, property owners and business people. Reasonable control
of signs promotes a desirable visual environment and enhances public
safety. The purposes of the regulations and standards that follow
are: to encourage the effective use of signs as a means of communication;
to maintain and enhance the aesthetic environment and the Borough's
ability to attract beneficial sources of economic development; to
improve pedestrian and traffic safety; to minimize the possible adverse
effect of signs on nearby public and private property values; and
to enable fair and consistent enforcement of these sign regulations.
This section is adopted under the zoning authority of the Borough
in furtherance of the more general purposes set forth in this chapter.
B.
Applicability; permits required.
(1)
Applicability. The effect of this chapter as more
specifically set forth herein is:
(a)
To establish a permit system to allow a variety
of types of signs subject to the standards and the permit procedures
of this chapter;
(b)
To allow certain signs that are small, unobtrusive
and incidental to the principal use of the respective buildings on
which they are located, subject to the requirements of this chapter,
but without a requirement for permits;
(c)
To provide for temporary signs without commercial
messages in limited circumstances;
(d)
To prohibit all signs not expressly permitted
by this chapter; and
(e)
To provide for the enforcement of the provisions
of this chapter.
(2)
Permits required.
(a)
Generally. It shall be unlawful for any person to erect, repair, alter, relocate or keep within the Borough of Caldwell any sign as defined in this chapter, except as exempted under Subsection D, without obtaining a sign permit from the Construction Official and payment of the fee as required by this section. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code, and the permit fees required thereunder. Sign permit numbers will be issued and must be displayed on the sign in question when erected. The Construction Official shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises are located or as have been approved by the Planning Board or Zoning Board of Adjustment during site plan or subdivision review.
(b)
Appeals.
[1]
The Planning Board shall have jurisdiction over
all appeals or variances requested from the terms of this chapter
(unless the variance requested is in association with a site plan
within the jurisdiction of the Zoning Board of Adjustment). The Planning
Board shall have the following powers and it shall have its duty:
[a]
To hear and decide appeals where
it is alleged there is error in any order, requirement, decision or
interpretation made in the enforcement of this chapter.
[b]
To hear requests for variances
from the literal provisions of this chapter for the erection of a
new sign in instances where strict enforcement of this chapter would
cause practical difficulties due to conditions unique to the individual
circumstances under consideration, and grant variances only when it
is clearly demonstrated that such variances will be in keeping with
the spirit and intent of this chapter.
[i]
The Board shall not permit as a variance any sign, the erection of which or the continuance of which is prohibited by Subsection D of this section. The Board may grant a variance from other provisions of this section where strict enforcement of said section would be unreasonable.
[ii]
The Board may impose reasonable
conditions in the granting of a variance to ensure compliance and
to protect adjacent property. A violation of such conditions shall
constitute a violation of this section
[2]
In exercising the above-mentioned powers, the
Board may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from, and may make
such order, requirement, decision or interpretation as ought to be
made.
[3]
The concurring vote of a majority of the full
Board shall be necessary to reverse any order, requirement, decision
or determination of the Code Enforcement Officer or to decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter or to effect any variation in this chapter.
(c)
Application for sign permit. Application for
sign permits shall be made upon blanks provided by the Construction
Official and shall contain or have attached thereto the following
information:
[1]
Name, address and daytime telephone number of
the applicant, building owner, business owner and contractor.
[2]
Street address or location of the building,
structure or lot to which or upon which the sign or other advertising
structure is to be attached or erected.
[3]
Position of the sign or other advertising structure
in relation to the site and adjacent buildings or structures.
[4]
A detailed drawing of the proposed sign indicating
construction techniques, materials, colors, lighting details, structural
supports and graphics.
[5]
Written consent of the owner of the building,
structure or land to which or on which the structure is to be erected.
[6]
Any electrical permit required and issued for
said sign. Application requesting electrical permit for proposed sign
must accompany sign application.
[7]
If the application is for an existing building,
current color photographs of all exposed exterior walls of the building
shall be submitted.
[8]
Such other information as the Construction Official
shall require to show full compliance with this section.
(d)
Sign permit fees. Every applicant, before being
granted a permit hereunder, shall pay to the Borough Building Inspector's
Office the fee for each sign which shall be in accordance with the
ordinance in effect, and the permit number shall be displayed in the
lower right-hand corner.
C.
A-FRAME OR SANDWICH SIGN
ANIMATED SIGN
AREA IDENTIFICATION SIGN
AWNINGS AND CANOPIES
AWNING SIGN
BANNER
BEACON
BILLBOARD or OUTDOOR ADVERTISING SIGN
BUILDING MARKER
BUILDING SIGN
BULLETIN BOARD
BUSINESS SIGN
CANOPY
CANOPY SIGN
CHANGEABLE MESSAGE
COMMERCIAL MESSAGE
DIRECTIONAL SIGN
DIRECTORY SIGN
DISPLAY SURFACE AREA
ERECT
EXTERNALLY ILLUMINATED SIGN
FACADE
FLAG
FLASHING SIGN
FREESTANDING OR GROUND SIGN
ILLUMINATED SIGN
INCIDENTAL SIGN
INTERNALLY ILLUMINATED SIGN
MARQUEE
MARQUEE SIGN
NAMEPLATE SIGN
NEON SIGN
NONCONFORMING SIGN
OFFICIAL SIGN
OUTDOOR ADVERTISING SIGN
OVERHANGING SIGN
PENNANT
PERSON
POLITICAL SIGN
PORTABLE SIGN
PROFESSIONAL SIGN
PROJECTING SIGN
PUMP ISLAND CANOPY SIGN
REAL ESTATE SIGN
ROOF SIGN
SETBACK
SHOPPING CENTER OR MALL
SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW
WINDOW SIGN
Definitions. Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in this chapter shall be given the meanings set forth in this chapter. Principles for computing sign area and sign height are contained in Subsection D. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
An A-shaped temporary and easily movable ground sign, usually
two-sided, used for advertising commodities, services or entertainment
usually conducted upon the premises where the sign is located.
Any sign that uses movement or change of lighting to depict
action or the illusion of movement or create a special effect or scene.
A sign to identify a common area containing a group of structures,
or a single structure, such as a residential subdivision, apartment
complex, industrial park, mobile home park or shopping center, located
at the entrance or entrances of the area. Such signs may or may not
consist of a fence or wall or archway with letters or symbols affixed
thereto.
Roof-like coverings extending over a walkway, sidewalk or
exterior place, supported by a frame attached to the building and/or
ground with a surface made of fabric or a more rigid material, such
as plastic or metal, and either retractable against the building or
fixed in place.
Any sign that is part of, attached to or printed on an awning,
canopy or other fabric, plastic or structural protective cover over
a door, entrance, window or outdoor service area.
Any sign printed or displayed upon cloth or other flexible
material, with or without frames. National flags, state or municipal
flags or the official flag of any not-for-profit institution shall
not be considered banners for the purposes of this chapter.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which is
intended to attract or divert attention; except, however, this term
is not intended to include any kind of lighting device which is required
or necessary under the safety regulations described by the Federal
Aviation Agency or similar agencies.
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment not necessarily sold or offered
upon the premises where the sign is located.
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
Any sign erected by a charitable, educational or religious
organization or a public body, which is erected upon the same property
as said institution for purposes of announcing changing events.
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment sold or offered upon the premises
where such sign is located.
See "awnings and canopies."
See "awning sign."
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable message sign for purposes of this chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a time and temperature
portion of a sign and not a changeable message sign for purposes of
this chapter.
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
A sign intended to direct or point toward a place or which
gives directions. Such signs shall carry no advertising copy describing
the activities carried on at the premises where such signs are located.
A sign listing the tenants or occupants of a building.
The net geometric area enclosed by the display surface of
the sign, including the outer extremities of all letters, characters
and delineations, the surfaces upon which they are presented, voids
between elements of the sign or any element of the display that goes
beyond the primary surface, whichever is greatest; provided, however,
that display surface area shall not include the structural supports
for freestanding signs; provided, further, that only one face of a
double-faced sign as defined shall be considered in determining the
display surface area.
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any other way bring into being or establish,
but not including any of the foregoing activities when performed as
incidental to the normal maintenance or repair of a sign or sign structure.
Any illuminated sign whose illumination is derived from an
external artificial source outside the display portion of the sign.
The total wall surface, including door and window area of
a building's principal face. A mansard roof shall be considered as
part of the facade.
Any fabric or bunting containing distinctive colors, patterns
or symbols, used as a symbol of a government, political subdivision
or other not-for-profit institution.
An illuminated sign, the illumination of which is not kept
constant in intensity at all times when in use. Illuminated signs
which indicate the time, temperature, weather or similar public service
information shall not be considered flashing signs.
Any sign supported by permanent structures or supports that
are placed on or anchored in the ground and that are independent from
any building or other structure.
A sign which is lighted by a self-contained interior light
or by lights projected or directed onto it.
A sign, generally informational, that has a purpose secondary
to the use of the zone lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and other similar directives.
No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered incidental.
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign, including neon-type
signs and internally and back-lit signs.
A permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building
and supported in part from the ground, generally designed and constructed
to provide protection from the weather.
Any sign attached to, in any manner, or made a part of a
marquee.
A sign which states the name or address, or both, of the
occupant of the premises where the sign is located and not exceeding
1 1/2 square feet in area.
Self-luminous electric signs usually constructed of glass
tubing containing a vapor or gas configured to form a display or lettering.
Any sign that does not conform to the requirements of this
chapter.
Any sign, symbol or device erected and maintained by the
federal government, State of New Jersey, County of Essex, Borough
of Caldwell or a public utility for the purpose of informing or guiding
the public or for the protection and promotion of the health, safety,
convenience and general welfare of the public.
Also known as "billboard." A sign which directs attention
to a business, industry, profession, commodity, service or entertainment
not necessarily sold or offered on the premises where the sign is
located.
A sign suspended from a marquee, awning, canopy or a wooden
or metallic bar where such sign is located within the public right-of-way
or other than parallel to the facade.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually, but not necessarily, in series, designed to move
in the wind.
Any association, company, corporation, firm, organization
or partnership, singular or plural, of any kind.
A sign advancing the candidacy of any candidate or group
of candidates for public office or a cause subject to political judgment.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designated to be transported, including
but not limited to signs designed to be transported by means of wheels;
A-frames and sandwich board signs; balloons used as signs; umbrellas
used for advertising; and signs attached to or painted on vehicles
parked and visible from the public right-of-way, unless said vehicle
is used in the normal day-to-day operations of the business.
A sign listing only the name, profession and/or specialty
of each practitioner.
Any sign affixed to a building or wail in such a manner that
its leading edge extends more than one foot beyond the surface of
such building or wall.
A flush-mounted sign on the vertical surface and canopy,
which is the ornamental or protective roof-like structure erected
above the pumps of a gasoline station.
A temporary sign placed upon the property for the purpose
of advertising to the public the availability for sale, rent or lease
of said property.
Any sign erected, constructed and maintained upon or over
the roof of any building with the principal support of the roof structure
or parapet wall.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
to the property line.
A building or group of related buildings of more than three
units having a common entrance or with more than one entrance not
on a public road or highway.
Includes every object, device, frame, figure, character,
mark, point, fixture, graphic design, picture, stroke, stripe, trademark,
model, emblem, placard, symbol, display, light, logo or reading matter
which is used or intended to be used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, colors, illumination or
projected images, when the same is placed in the view of the general
public, either outdoors or indoors. Any of the above which is not
placed out of doors, but which is illuminated with artificial or reflected
color or otherwise made visible from out of doors, shall be considered
a sign within the meaning of this chapter, when placed in such a way
as to be used to attract attention or convey information to motorists
or pedestrians.
Any sign that is used only temporarily and is not permanently
mounted.
Any sign that shall be affixed parallel to the wall or printed
or painted on the wall of any building in such a manner as to read
parallel to the wall on which it is mounted; provided, however, said
wall sign shall not project above the top of the wall or beyond the
end of the building. For the purposes of this chapter, any sign display
surface that is affixed flat against the sloping surface of a mansard
roof shall be considered a wall sign. Any sign that is affixed to
the face of a building marquee, building awning or a building canopy
shall be considered a wall sign.
Total glass area presented to public view for purposes of
display.
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
D.
General provisions.
(1)
Exempt signs. The following signs shall not require
permits and are exempt. Exemptions shall not be construed as relieving
the owner of such signs from the responsibility of complying with
certain applicable provisions of this chapter. The exemption shall
apply to the requirement for a sign permit only.
(a)
Official signs.
(b)
Lights and strings of illuminated devices and
graphics used to celebrate a national or religious holiday for a period
not to exceed 25 days before the holiday and 15 days following the
holiday.
(c)
Residential nameplate and professional nameplate
signs, not exceeding 1 1/2 square feet in area for each side.
The signs shall not contain any advertising message and shall be nonilluminated
except by a light which is an integral part of a lamppost if used
as a support. Such sign shall not be erected closer than five feet
to any property line. The post light or lantern shall not exceed 30
inches in height by 24 inches in width or 24 inches in diameter. The
post on which the lantern is erected shall not exceed four inches
in diameter or seven feet in height (total height with lantern). The
light source shall not exceed 20 footcandles on the nameplate/sign.
(d)
Historic tablets, cornerstones, memorial plaques
and emblems which do not exceed six square feet in area and which
are installed by governmental agencies or civil or religious organizations.
(e)
Temporary signs of nonprofit or charitable organizations,
provided that such signs do not exceed 24 square feet in area. Said
signs shall be put in place no earlier than 28 days before the event
and shall be removed within five days of completion of the public
phase of said event or function.
(f)
Bulletin boards not over 15 square feet in area
for public, charitable or religious institutions when the same are
located on the premises of said institutions and are used solely for
temporary notices.
(g)
On-site directional and parking signs, warning
signs and signs posting property as "private property," "no trespassing"
or similar signs are not to exceed two square feet in area.
(h)
Temporary signs denoting the architect, engineer
or contractor when placed upon the site under construction and not
exceeding nine square feet in area. Said signs shall be in place only
while work is in progress and shall be placed at least 10 feet from
the curbline. The sign may be placed for a maximum period of three
weeks.
(i)
Garage sale signs located on the premises only,
not exceeding two square feet and containing the date of sale. Such
sign shall be removed within 24 hours of the last day of sale.
(j)
Decorations for opening day of a new business
to be displayed for a period of not to exceed eight days. Decorations
shall consist of string pennants, small grand opening banners and
small balloons.
(k)
Flags or emblems of religious, education, civic
or governmental organizations flown from supports on the buildings
or grounds occupied by the organization and the American flag whenever
and wherever flown in accordance with the laws and rules promulgated
by the federal government.
(l)
Relocation information signs for a period of
30 days. Relocation signs shall be restricted to the present location
of the relocating business and the future location of the relocating
business. The signs, one each at the present and the future business
sites, shall not be in excess of the standards set forth elsewhere
in this chapter for the type of sign utilized. Any relocation signs
shall be installed on the inside of the windows.
(m)
All signs located within a building that are
not visible to the public outside said building and are not designed
to attract from the outside.
(n)
Fuel price informational signs.
[1]
In any district, signs advertising the price
of motor vehicle fuel sold from a fuel pump located on the premises
shall be permitted, subject to the following conditions:
[2]
Nothing herein shall be construed to prohibit
the advertisement of fuel prices on any other sign meeting the requirements
of this chapter.
(o)
Temporary signs indicating a political preference
or a political event, provided that such signs do not exceed 32 square
feet in area on any one side in nonresidential zones. Exempt status
shall apply to such signs posted or displayed on existing commercial
billboards by or with the consent of the owner thereof and any such
signs posted or displayed on licensed motor vehicles in operating
conditions; provided, however, that no such vehicle is parked or placed
in any location for the primary purpose of displaying any such sign.
Such signs may not be displayed on any trees, telephone poles or lighting
stanchions or other public property. All such signs shall be removed
within five days after the completion of said political function.
(p)
Real estate signs temporarily advertising the
sale, rental or lease of the premises or portion thereof, provided
that such signs do not exceed nine square feet in area. Such signs
shall be removed upon passing of title or completion of rental or
lease agreement and shall be placed at least 10 feet from the curbline.
(2)
Prohibited signs. The following signs are prohibited
unless otherwise permitted by this chapter:
(a)
No sign shall be erected, used or maintained
which in any way simulates official directional or warning signs erected
or maintained by the state, the county or the Borough or by any public
utility or similar agency concerned with the protection of the public
health or safety.
(b)
No sign of any type shall be permitted to obstruct
or otherwise confuse directional and identification signs, other places
of business or other signs, and all signs shall be located to allow
a clear, unobstructed sight triangle at intersections.
(c)
Signs using red, yellow or green lights placed
within 100 feet of any traffic control signal now or hereafter erected
or placed so as otherwise to create confusion with respect to such
signals.
(d)
Signs using words such as "stop," "look," "danger"
etc., which are placed in a manner or position which constitutes a
traffic hazard or confusion or otherwise interferes with the free
flow of traffic.
(e)
Any advertisement which uses a series of two
or more signs placed in a line parallel to the road or in a similar
fashion, all carrying a single advertisement message, part of which
is contained on each sign, is prohibited.
(f)
No sign may obstruct any window, door, fire
escape, stairway or opening intended to provide light or ingress and
egress to or from any building or structure except as herein provided.
(g)
Animated, moving or revolving signs and signs
using blinking, flashing, vibrating, flickering, tracer or sequential
lighting, which display movement or the illusion of movement, including
interior signs visible from the exterior of the premises, except for
large, freestanding clocks or weather information.
(h)
Signs projected more than eight inches from
the wall of a building are prohibited, unless incorporated as an element
of an awning, which usage must conform to the appropriate sections
of this chapter.
(i)
Signs, other than officially authorized signs,
attached to poles, trees, posts, fences, sidewalks or curbs are prohibited.
(j)
No portion of any sign shall be located within or suspended over a public right-of-way or pedestrian walkway with the exception of covered walkways in shopping centers. [See Subsection E(3)(g).]
(k)
A permanent canopy extending from the building,
across the sidewalk and to the curbline shall not be permitted. However,
a permit may be granted for such a canopy to be in use for up to 24
hours.
(l)
Roof signs are not permitted.
(m)
Except where specifically permitted, signs advertising
a product or service not sold on the premises, signs advertising or
directing attention to another premises and any other signs unrelated
to the premises on which the sign is erected.
(n)
Flags, except as national or state flags, banners,
string of banners, pinwheels, balloons, wind sock flags with the word
"open" or any other attention-getting item.
(o)
Beacons.
(p)
A-frame and sandwich-type signs.
(q)
Balloons and inflatable signs, except as permitted
for temporary use.
(r)
Signs on vehicles. It should be unlawful to
use a vehicle or a trailer as a sign in circumvention of this chapter.
(s)
Signs painted directly on any part of any building
wall or roof.
(t)
Neon-type signs shall be prohibited.
(u)
Signs using any material which sparkles or glitters
or displaying phosphorescent colors.
(v)
No sign shall be erected on the side of any
building.
(w)
Billboard-type signs.
(3)
Nonconforming signs. For the purpose of this chapter,
a nonconforming sign shall be defined as a lawfully existing sign
at the effective date of this section or under the terms of this chapter.
(4)
Reference to zoning districts. Except as otherwise
provided in this section, no outdoor sign or other form of exterior
advertising shall be erected or maintained unless the same complies
with the requirements of this subsection and those established for
the zoning district in which such sign is located.
(5)
Setback from residential district. No sign permitted
in a nonresidential district but not permitted in a residential district
shall be located closer than 10 feet to any residential zone boundary
and, further, no sign shall be located in a required buffer area.
(6)
Maintenance. The issuance of a permit shall not relieve
the owner or lessee of the premises from the duty of maintaining any
such structure. Every sign constructed or maintained shall be plainly
marked with the permit number of such sign. All signs shall be painted,
properly illuminated and maintained in good repair at all times. Any
sign that is or shall become dangerous or unsafe in any manner whatsoever
shall be repaired and made safe, in conformity with this chapter,
or shall be removed by the owner, lessor, agency or occupant of the
building, property or land upon which it is placed or to which it
is attached. A written notice shall be served upon the owner, lessor,
agency or occupant of the building, property or land upon which a
dangerous or unsafe sign is located. Said notice shall require necessary
action to be initiated within 10 days from the date of service of
the notice upon such person and completed within 30 days from the
issuing of the original notice, or within such lesser time as shall
be deemed reasonable in the case where the danger to public health,
safety and general welfare is so imminent as to require more immediate
abatement.
(7)
Illumination. All externally illuminated signs shall
be lighted with said source of illumination so placed and screened
as to prevent direct rays of light from being cast beyond the premises.
(8)
Awnings and canopies.
(a)
Fixed awnings and canopies attached to buildings
shall not extend from the building more than 38 inches, nor be greater
than 48 inches in height. Drop or retractable awnings shall not extend
from the building more than five feet. The lower edge of the curtain
of any awning or canopy shall be no closer to the ground or sidewalk
than seven feet. No part of the iron or other supporting framework
shall be closer than seven feet six inches to the ground or sidewalk.
(b)
Two signs are permitted per establishment if
one consists of an awning or canopy; provided, however, that only
the name of the business and address shall be permitted on the awning
or canopy, furthermore any lettering on any such awning or canopy
must be located on the vertical fringe and must be no more than five
inches in height. If any lettering exceeds five inches in height or
any lettering, symbol, logo or graphic appears anywhere on the awning
or canopy other than on the vertical fringe, then the awning or canopy
shall be considered to be the one sign permitted per establishment
and per building front. Lettering or other graphics on the ends of
a canopy or awning are specifically prohibited.
(c)
No internal lighting for awnings or canopies
shall be permitted.
(9)
Computation of area of individual signs.
(a)
Computation of area of individual signs. The
display surface area (or area) of a sign face (which is also the display
surface area of a wall sign or other sign with only one face) shall
be computed by means of the smallest square, circle, rectangle, triangle
or combination thereof that will encompass the extreme limits of the
writing, representation, emblem or other display, together with any
material or color forming an integral part of the background of the
display or used to differentiate the sign from the backdrop of structure
against which it is placed, or any voids in the layout, but not including
any supporting framework, bracing or decorative fence or wall when
such fence or wall otherwise meets this chapter's regulations and
is clearly incidental to the display itself.
(b)
Computation of area of multifaced signs. The
display surface area (or area) for a sign with more than one face
shall be computed by adding together the area of all sign faces visible
from any one point. When two identical sign faces are placed back-to-back,
so that both faces are part of the same sign structure and are not
more than 12 inches apart, the sign area shall be computed by the
measurement of one of the faces.
(c)
Computation of height. The height of a sign
shall be computed as the distance from the base of the sign at normal
grade to the top of the highest attached component of the sign. Normal
grade shall be construed to be the lower of existing grade prior to
construction or the newly established grade after construction, exclusive
of any filling, berming, mounding or excavation solely for the purpose
of locating the sign. In cases in which the normal grade cannot reasonably
be determined, sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the sign is equal
to the elevation of the nearest point of the crown on a public street
or the grade of the land at the principal entrance to the principal
structure on the zone lot, whichever is lower.
(10)
Change in occupancy.
(a)
Any change of occupancy requires approval of
the signage as a minor site plan before the board having legal jurisdiction.
(b)
Modifications to the signage shall conform to
the provisions of this and all other local ordinances.
(c)
Signs shall be removed within 90 days after
a vacancy if a sale or lease has not been executed.
E.
District regulations. The following regulations shall
apply in the specific districts to all signs other than those specifically
exempted.
(1)
Residential districts.
(a)
No signs shall be permitted in the Residential
District except as otherwise specifically permitted by this chapter.
Each property shall be limited to not more the one sign as permitted
by this chapter.
(b)
Signs on churches, schools and other institutions
of a public or quasi-public nature may be erected, provided that the
size of any freestanding sign shall not exceed 20 square feet and
not more than one such sign shall be placed on each rod upon which
such use fronts. Signs attached to a wall of a building shall not
exceed 10% of the area of wall or 32 square feet, whichever is less.
(c)
All signs in residential districts, as specifically
permitted, shall have a setback of at least 10 feet from all lot lines
and shall have a fifty-foot front yard setback if freestanding; no
sign shall be greater than five feet in height from the ground to
the top of the sign.
(d)
Area identification signs for garden apartments
shall not exceed 32 square feet.
(e)
Permanent signs otherwise permitted in residential
districts may be externally lighted only and limited to 75 watts per
surface.
(2)
Office professional districts.
(a)
Any sign permitted in the residential districts
shall be permitted.
(b)
Signs must be accessory to the main use, advertising
only businesses conducted on the premises where the sign is located.
Such signs shall state only the name of the occupant of the premises
and, in concise form, the nature of the business or professional activity
or activities conducted there.
(d)
One sign may be attached to the wall of the
main building advertising the business or businesses conducted on
the premises. Such sign shall not project more than eight inches from
the building facade to which it is attached; however, where a sign
extends more than three inches from the face of said wall, the bottom
of said sign shall not be closer than eight feet to the ground level
below said sign. Signs attached to a wall of a building shall not
exceed 10% of the area of wall or 32 square feet, whichever is less.
No wall sign shall extend higher than the first story. Whenever a
building has a second public entrance from a municipal parking lot,
an additional sign shall be permitted for identification of the secondary
public entrance. The second sign shall be limited in area to 15 square
feet and shall contain no back or internal lighting. Any external
lighting of the additional sign shall be shielded so that the light
is directed onto the sign, and the light bulb or other light source
shall not be visible from adjacent properties.
(e)
Not more than one freestanding sign per business
premises shall be permitted on any one street frontage. Such sign
shall only be permitted if the building has a minimum front yard setback
of 50 feet. Such sign may be externally illuminated and shall not
exceed 15 square feet on each side in area. No ground sign shall be
located closer than 10 feet to a lot line or be greater than seven
feet in overall height.
(3)
General business.
(a)
Any sign permitted in residential districts
shall be permitted.
(b)
Signs must be accessory to the main use, advertising
only businesses conducted on the premises where the sign is located.
All off-premises advertising or announcements shall be prohibited.
(d)
One sign may be attached to the wall of the
main building advertising the business or businesses conducted on
the premises. Such sign shall not project more than eight inches from
the building facade to which it is attached; however, where a sign
extends more than three inches from the face of said wall, the bottom
of said sign shall not be closer than eight feet from the ground level
below said sign. Signs attached to the wall of a building shall not
exceed 10% of the area of wall or 50 square feet, whichever is less.
Whenever a building has a second public entrance from a municipal
parking lot, an additional sign shall be permitted for identification
of the secondary public entrance. The second sign shall be limited
in area to 15 square fret and shall contain no back or internal lighting.
Any external lighting of the additional sign shall be shielded so
that the light is directed onto the sign, and the light bulb or other
light source shall not be visible from adjacent properties.
(e)
Signs for uses above the first floor shall conform
to all ordinance requirements, except that their dimensions shall
be in proportion to the area of such use, and no signs shall be placed
above the line of the window ledges of the third floor.
(f)
Rear businesses. Signs on the primary facade
of a building for businesses that do not share that primary facade
shall conform to the secondary-entrance requirements and all other
requirements of this chapter.
(g)
Not more than one freestanding sign, per business
premises shall be permitted on any street frontage. Such sign shall
only be permitted if the building has a minimum front yard setback
of 50 feet. Such sign may be externally illuminated and shall not
exceed 32 square feet in area. No freestanding sign shall be located
closer than 10 feet to a lot line or be more than 15 feet in height
or the height of the principal building on the lot, whichever is less.
(h)
Shopping centers in the General Business District
shall be governed by these additional regulations:
[1]
A shopping center may have one freestanding,
externally lighted sign identifying the shopping center, along each
road which the tract in question abuts.
[2]
Each individual use may also have a facade sign,
but may not have a freestanding sign.
[3]
There shall be a consistent design theme among
signs in a shopping center.
[4]
The total sign area shall not exceed 50 square feet including Subsection E(3)(h)[1] and [2] above.
A.
General intent. As a condition to approval and as
a condition to continuance of any building process, production or
other use in the Limited Manufacturing/Wholesale District, the applicant
shall supply evidence satisfactory to the Planning Board that the
proposed building, process, production or other use will conform fully
with all of the applicable performance standards. As evidence of compliance,
the Board may require certification of tests by appropriate government
agencies or by recognized testing laboratories, any costs to be borne
by the applicant. The Planning Board may require that specific types
of equipment, machinery or devices be installed or that specific operating
procedures or methods be followed if the government agencies or testing
laboratories examining the proposed operation shall determine that
the use of such specific types of machinery, equipment, devices, procedures
or methods are required in order to assure compliance with the applicable
performance standards.
B.
Industrial waste. No industrial waste shall be discharged
into the public sewage collection and disposal system unless the appropriate
officials of the Borough of Caldwell shall have first investigated
the character and volume of such waste and shall have certified that
it will accept the discharge of the waste material into the system.
The applicant shall comply with any requirements of the Borough, including
the pretreating of such wastes, control of pH and other methods of
improving such wastes prior to discharge, as a condition of acceptance
by the Borough.[1]
C.
Noise and vibration. All uses and activities shall
comply with noise and vibration standards promulgated by the New Jersey
Department of Environmental Protection. Further, no use shall cause
an increased vibration beyond the limits of the property on which
located nor increase the ambient noise levels present at boundaries
of the site nor cause intermittent or point audible noise or noise
vibration to adversely impact adjoining property.
D.
Heat. No process or use shall be permitted that produces
heat to the extent that such temperature has an adverse effect of
any kind upon adjoining properties and uses.
E.
Glare. Any process producing intense glare or flashing
of lights shall be performed within a completely enclosed building
in such manner that no discomforting glare shall be disseminated beyond
the building. Parking and loading and unloading areas that are in
use after dark shall be so situated as to provide minimum shielding
and concealment of lighting from adjoining properties. Lighting of
any sign, building exterior, fountain or decorative fixture shall
be placed in such a manner that is directed toward the object to be
lighted and does not disseminate glare. This section shall not be
construed to prohibit lighting required by police or other enforcement
agencies for the safety and protection of employees and of the general
public.
F.
Additional standards and references. In order to satisfy
itself that the applicant will comply fully with all of the applicable
performance standards, the Planning Board or its designated representative
may examine and refer to any or all of the available standards, codes,
regulations and requirements of the federal, state, county or local
government and recognized professional organizations, associations
and societies.
G.
Testing procedures and technical assistance. In all
cases where the Planning Board shall deem that it is advisable to
determine whether or not the facility will be in conformance with
the application performance standards, the Planning Board or its designated
representatives shall require adequate testing procedures and shall
utilize expert assistance at the expense of the applicant.
A.
Zoning permits.
(1)
Zoning permits shall hereafter be secured from the
Zoning Enforcement Officer prior to the issuance of a building permit
for the construction or alteration of any structure or part of a structure,
a change in use of a structure or land or the sale of real property.
All requests for zoning permits shall be made in writing by the owner
or his authorized agent and shall include a statement of the intended
use of the building, structure or land and shall be accompanied by
a plan of the plot showing thereon the exact size, shape and location
of all existing and proposed structures and any easements and watercourses
or such other information as may be necessary to provide for the enforcement
of this chapter. Such plot plan shall also designate the location
of structures on adjoining properties within 200 feet of the property
lines of the plot in question.
[Amended 2-13-1997 by Ord. No. 1036-97[1] ]
[1]
Editor's Note: This ordinance also replaced
former Subsection C, Certificate of Continued Occupancy, added 1-28-1997
by Ord. No. 1033-97
(2)
It shall be unlawful to use or permit the use of any
building or premises or part thereof hereafter created, located, erected,
changed, converted or enlarged wholly or partly until a zoning permit
has been issued for that premises certifying that the structure or
use complies with the provisions of this chapter. A new zoning permit
shall be required for any change in use. No zoning permit shall be
issued until all prior approvals, including all other municipal ordinance
requirements, have been received by the applicant.
[Amended 3-28-1995 by Ord. No. 988-95]
B.
Enforcement. It shall be the duty of the Zoning Enforcement
Officer to enforce the provisions of this chapter. No zoning permit
or certificate of occupancy shall be issued for any structure or use
which does not conform with the provisions of this chapter. It is
determined that the issuance of the requested zoning permit or certificate
of occupancy would be in conflict with the requirements of this chapter,
the owner or agent shall be notified, in writing, of the denial, stating
the reasons for denying such request.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
For each and every violation of the provisions
of this chapter, the owner, general agent, contractor or other person
interested as lessee, tenant or otherwise, of any building, structure
or premises where such violation has been committed or shall exist,
shall, for each violation, and for each day that such violation continues,
be subject to a fine not exceeding $2,000, imprisonment for a term
not exceeding 90 days, a period of community service not exceeding
90 days, or a combination thereof. Legal remedies for such violation
shall be had and violations shall be prosecuted in the manner prescribed
by law or ordinance effective in the Borough.
[Added 9-17-2019 by Ord.
No. 1365-19]
A.
Establishment. There is hereby permitted and created an Inclusionary
Housing Zone 1 (IH1) District as shown on the Official Zoning Map
of the Borough of Caldwell, County of Essex, State of New Jersey.
The Official Zoning Map of the Borough of Caldwell is hereby amended
to include the IH1 District, and is incorporated herein by reference.
The IH1 District shall apply to the property located at 14 Lane Avenue
and designated on the Borough of Caldwell tax maps as Block 41, Lot
3, and any prior zoning for this lot is hereby changed accordingly.
The zoning in this section shall not be construed or interpreted to
affect the permitted uses, permitted accessory uses, bulk requirements
and/or any other requirements of any other zone in the Borough.
B.
Purpose. The purpose of this zone is to permit an inclusionary development
on property located at 14 Lane Avenue and designated on the Borough
of Caldwell tax maps as Block 41, Lot 3, which contains approximately
one acre. The inclusionary development will consist of a sixteen-unit
stacked townhouse building, of which 12 units will be market-rate
units and four units will be affordable family units (25% set aside).
C.
BUILDING, STACKED TOWNHOUSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building consisting of more than two attached single-family
residences, each with separate outside access and separated by either
vertical, horizontal or both vertical and horizontal construction.
D.
Permitted principal uses.
(1)
Stacked townhouse buildings as defined in this section. More than
one principal building may be constructed on a single lot.
E.
Permitted accessory uses.
(8)
Private attached garages to be used by occupants of the inclusionary
housing development in this zone;
(9)
Shared driveway in connection with an inclusionary development on
the property located at 18 Lane Avenue and designated on the Borough
of Caldwell tax maps as Block 41, Lot 4;
(10)
Any other customarily incidental accessory use.
F.
Bulk, area, yard and height requirements:
(1)
Minimum lot area shall be 0.5 acre.
(2)
Minimum lot width shall be 75 feet.
(3)
Maximum gross residential density shall be 32 dwelling units per
acre and the maximum amount of total dwelling units shall not exceed
16 dwelling units.
(4)
Minimum front, rear and side yards from the lot boundary line for
permitted principal and accessory uses shall be five feet. Notwithstanding
this provision, however, no setback shall be required if a shared
driveway is utilized in connection with the inclusionary development
on the property located at 18 Lane Avenue and designated on the Borough
of Caldwell tax maps as Block 41, Lot 4.
(5)
Maximum impervious coverage is 85%.
(6)
Maximum height for principal structures shall be 3 1/2 stories
or 55 feet.
G.
Building requirements.
(1)
Length of stacked townhome dwelling building shall not exceed 200
feet in length.
H.
Inclusionary housing requirements.
(1)
Market-rate dwelling units shall total no more than 12.
(2)
Affordable dwelling units, which are defined by state statute, shall
total 25% of the overall total dwelling units, which is four units.
(3)
The affordable housing shall be subject to market-rate and affordable
housing phasing requirements, bedroom distribution requirements, low
and moderate split requirements, accessibility requirements and other
requirements, in accordance with Caldwell Borough ordinances and New
Jersey State statutes and regulations.
I.
Parking requirements.
(1)
Although parking is governed by the Residential Site Improvement
Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Caldwell recognizes
that, due to local conditions, an alternative parking standard of
one space per residential unit plus one accessible parking space (for
a total of 17 parking spaces) is appropriate for the inclusionary
development on the property, in accordance with N.J.A.C. 5:21-4.1(c).
[Added 9-17-2019 by Ord.
No. 1365-19]
A.
Establishment. There is hereby permitted and created an Inclusionary
Housing Zone 2 (IH1) District as shown on the Official Zoning Map
of the Borough of Caldwell, County of Essex, State of New Jersey.
The Official Zoning Map of the Borough of Caldwell is hereby amended
to include the IH2 District, and is incorporated herein by reference.
The IH2 District shall apply to the property located at 30 Lane Avenue
and designated on the Borough of Caldwell tax maps as Block 41, Lot
7, and any prior zoning for this lot is hereby changed accordingly.
The zoning in this section shall not be construed or interpreted to
affect the permitted uses, permitted accessory uses, bulk requirements
and/or any other requirements of any other zone in the Borough.
B.
Purpose. The purpose of this zone is to permit an inclusionary development
on property located at 30 Lane Avenue and designated on the Borough
of Caldwell tax maps as Block 41, Lot 7, which contains approximately
1.19 acres. The inclusionary development will consist of a sixteen-unit
stacked townhouse building, of which 13 units will be market-rate
units and three units will be affordable family units (18% set aside).
C.
BUILDING, STACKED TOWNHOUSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building consisting of more than two attached single-family
residences, each with separate outside access and separated by either
vertical, horizontal or both vertical and horizontal construction.
D.
Permitted principal uses.
(1)
Stacked townhouse buildings as defined in this section. More than
one principal building may be constructed on a single lot.
E.
F.
Bulk, area, yard and height requirements:
(1)
Minimum lot area shall be 0.5 acre.
(2)
Minimum lot width shall be 75 feet.
(3)
Maximum gross residential density shall be 32 dwelling units per
acre and the maximum amount of total dwelling units shall not exceed
16 dwelling units.
(4)
Minimum front, rear and side yards from the lot boundary line for
permitted principal and accessory uses shall be five feet.
(5)
Maximum impervious coverage is 85%.
(6)
Maximum height for principal structures shall be 3 1/2 stories
or 55 feet.
G.
Building requirements.
(1)
Length of stacked townhome dwelling building shall not exceed 200
feet in length.
H.
Inclusionary housing requirements.
(1)
Market-rate dwelling units shall total no more than 13.
(2)
Affordable dwelling units, which are defined by state statute, shall
total 18% of the overall total dwelling units, which is three units.
(3)
The affordable housing shall be subject to market-rate and affordable
housing phasing requirements, bedroom distribution requirements, low
and moderate split requirements, accessibility requirements and other
requirements, in accordance with Caldwell Borough ordinances and New
Jersey State statutes and regulations.
I.
Parking requirements.
(1)
Although parking is governed by the Residential Site Improvement
Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Caldwell recognizes
that, due to local conditions, an alternative parking standard of
one space per residential unit plus one accessible parking space (for
a total of 17 parking spaces) is appropriate for the inclusionary
development on the property, in accordance with N.J.A.C. 5:21-4.1(c).
[Added 9-17-2019 by Ord.
No. 1365-19; amended 4-21-2020 by Ord. No. 1383-20]
A.
Establishment. There is hereby permitted and created an Inclusionary
Housing Zone 3 (IH3) District as shown on the Official Zoning Map
of the Borough of Caldwell, County of Essex, State of New Jersey.
The Official Zoning Map of the Borough of Caldwell is hereby amended
to include the IH3 District and is incorporated herein by reference.
The IH3 District shall apply to the property located at 80 Roseland
Avenue and designated on the Borough of Caldwell tax maps as Block
56, Lots 10.14 and 18.01, and any prior zoning for these lots is hereby
changed accordingly. The zoning in this section shall not be construed
or interpreted to affect the permitted uses, permitted accessory uses,
bulk requirements and/or any other requirements of any other zone
in the Borough.
B.
Purpose. The purpose of this zone is to permit an inclusionary development
on the property located at 80 Roseland Avenue and designated on the
Borough of Caldwell tax maps as Block 56, Lots 10.14 and 18.01, which
contains a total area of approximately one acre. The inclusionary
development will consist of 24 multifamily units, of which 18 will
be market-rate units and six will be affordable family units (25%
set aside).
C.
UNIT, MULTIFAMILY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building on one lot, used and designed as a residence for
three or more households living independently of each other and separated
by either vertical, horizontal or both vertical and horizontal construction.
D.
Permitted principal uses.
(1)
Multifamily dwellings as defined in this section. More than one principal
building may be constructed on a single lot.
E.
F.
Bulk, area, yard and height requirements:
(1)
Minimum lot area shall be 0.50 acre.
(2)
Minimum lot width shall be 50 feet.
(3)
Maximum gross residential density shall be 48 dwelling units per
acre, and the maximum amount of total dwelling units shall not exceed
24 dwelling units.
(4)
Rear yard setback of five feet is required; no other setbacks are
required.
(5)
Maximum impervious coverage is 100%.
(6)
Maximum height for principal structures shall be 4 1/2 stories
or 65 feet.
(7)
Maximum height for accessory structures shall be one story or 15
feet.
H.
Inclusionary housing requirements.
(1)
Market-rate dwelling units shall total no more than 18.
(2)
Affordable dwelling units, which are defined by state statute, shall
total 25% of the overall total dwelling units, which is six units.
(3)
The affordable housing shall be subject to market-rate and affordable
housing phasing requirements, bedroom distribution requirements, low
and moderate split requirements, accessibility requirements and other
requirements, in accordance with Caldwell Borough ordinances and New
Jersey State statutes and regulations.
I.
Parking requirements.
(1)
Although parking is governed by the Residential Site Improvement
Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Caldwell recognizes
that, due to local conditions, an alternative parking standard of
one space per residential unit plus one accessible parking space (for
a total of 25 parking spaces) is appropriate for the inclusionary
development on the property, in accordance with N.J.A.C. 5:21-4.1(c).
[Added 9-17-2019 by Ord.
No. 1365-19]
A.
Establishment. There is hereby permitted and created an Inclusionary
Housing Zone 4 (IH4) District as shown on the Official Zoning Map
of the Borough of Caldwell, County of Essex, State of New Jersey.
The Official Zoning Map of the Borough of Caldwell is hereby amended
to include the IH4 District, and is incorporated herein by reference.
The IH4 District shall apply to the property located at 18 Lane Avenue
and designated on the Borough of Caldwell tax maps as Block 41, Lot
4, and any prior zoning for this lot is hereby changed accordingly.
The zoning in this section shall not be construed or interpreted to
affect the permitted uses, permitted accessory uses, bulk requirements
and/or any other requirements of any other zone in the Borough.
B.
Purpose. The purpose of this zone is to permit an inclusionary development
on property located at 18 Lane Avenue and designated on the Borough
of Caldwell tax maps as Block 41, Lot 4, which contains approximately
0.8 acre. The inclusionary development will consist of a sixteen-unit
stacked townhouse building, of which 13 units will be market-rate
units and three units will be affordable family units (18% set aside).
C.
BUILDING, STACKED TOWNHOUSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building consisting of more than two attached single-family
residences, each with separate outside access and separated by either
vertical, horizontal or both vertical and horizontal construction.
D.
Permitted principal uses.
(1)
Stacked townhouse buildings as defined in this section. More than
one principal building may be constructed on a single lot
E.
Permitted accessory uses.
(8)
Private attached garages to be used by occupants of the inclusionary
housing development in this zone;
(9)
Shared driveway in connection with an inclusionary development on
the property located at 14 Lane Avenue and designated on the Borough
of Caldwell tax maps as Block 41, Lot 3;
(10)
Any other customarily incidental accessory use.
F.
Bulk, area, yard and height requirements:
(1)
Minimum lot area shall be 0.5 acre.
(2)
Minimum lot width shall be 75 feet.
(3)
Maximum gross residential density shall be 32 dwelling units per
acre and the maximum amount of total dwelling units shall not exceed
16 dwelling units.
(4)
Minimum front, rear and side yards from the lot boundary line for
permitted principal and accessory uses shall be five feet. Notwithstanding
this provision, however, no setback shall be required if a shared
driveway is utilized in connection with the inclusionary development
on the property located at 14 Lane Avenue and designated on the Borough
of Caldwell tax maps as Block 41, Lot 3.
(5)
Maximum impervious coverage is 85%.
(6)
Maximum height for principal structures shall be 3 1/2 stories
or 55 feet.
G.
Building requirements.
(1)
Length of stacked townhome dwelling building shall not exceed 200
feet in length.
H.
Inclusionary housing requirements.
(1)
Market-rate dwelling units shall total no more than 13.
(2)
Affordable dwelling units, which are defined by state statute, shall
total 18% of the overall total dwelling units, which is three units.
(3)
The affordable housing shall be subject to market-rate and affordable
housing phasing requirements, bedroom distribution requirements, low
and moderate split requirements, accessibility requirements and other
requirements, in accordance with Caldwell Borough ordinances and New
Jersey State statutes and regulations.
I.
Parking requirements.
(1)
Although parking is governed by the Residential Site Improvement
Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Caldwell recognizes
that, due to local conditions, an alternative parking standard of
one space per residential unit plus one accessible parking space (for
a total of 17 parking spaces) is appropriate for the inclusionary
development on the property, in accordance with N.J.A.C. 5:21-4.1(c).
[Added 12-17-2019 by Ord. No. 1380-19; amended 4-21-2020 by Ord. No. 1384-20]
A.
Establishment. There is hereby permitted and created an Inclusionary
Housing Zone 5 (IH5) District as shown on the Official Zoning Map
of the Borough of Caldwell, County of Essex, State of New Jersey.
The Official Zoning Map of the Borough of Caldwell is hereby amended
to include the IH5 District and is incorporated herein by reference.
The IH5 District shall apply to the property located at 30 Smull Avenue
and designated on the Borough of Caldwell tax maps as Block 22, Lot
7, and any prior zoning for this lot is hereby changed accordingly.
The zoning in this section shall not be construed or interpreted to
affect the permitted uses, permitted accessory uses, bulk requirements
and/or any other requirements of any other zone in the Borough.
B.
Purpose. The purpose of this zone is to permit an inclusionary development
on property located at 30 Smull Avenue and designated on the Borough
of Caldwell tax maps as Block 22, Lot 7, which contains approximately
0.6 acre. The inclusionary development will, at the property owner's/developer's
sole discretion, consist of either five market-rate units and one
affordable family unit on site, or six market-ate units on site, and
the owner shall develop and provide one affordable housing unit off
site in conjunction with development of this property.
C.
BUILDING, STACKED TOWNHOUSE
UNIT, MULTIFAMILY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building consisting of more than two attached single-family
residences, each with separate outside access and separated by either
vertical, horizontal or both vertical and horizontal construction.
A building on one lot, used and designated as a residence
for three or more households living independently of each other and
separated by either vertical, horizontal, or both vertical and horizontal
construction.
E.
Permitted accessory uses.
(6)
Fences and walls as regulated by Chapter 250, except that fences in all yards may be a maximum of six feet in height;
(8)
Private attached garages to be used by occupants of the inclusionary
housing development in the zone;
(9)
Detached garage or storage units for use by the occupants of the
inclusionary housing development in the zone;
(10)
Any other customarily incidental accessory use.
F.
Bulk, area, yard and height requirements.
(1)
Minimum lot area shall be 10,500 square feet.
(2)
Minimum lot width shall be 75 feet.
(3)
Maximum gross residential density shall be 25 dwelling units per
acre.
(4)
Minimum front yard: 25 feet.
(5)
Minimum side yard: five feet.
(6)
Combined minimum side yards: 15 feet.
(7)
Minimum rear yard setback for principal building: 50 feet.
(8)
Minimum rear yard setback for accessory uses and buildings such as
detached garage or storage unit: five feet.
(9)
Maximum building coverage: 36%.
(10)
Maximum impervious coverage: 68%.
(11)
Maximum building height for principal structure shall not exceed
39 feet.
G.
Building requirements.
(1)
Length of stacked townhouse dwelling buildings or multifamily unit
buildings shall not exceed 210 feet in length, exclusive of the length
of any covered porch.
H.
Inclusionary housing requirements.
(1)
Market-rate dwelling units shall total no more than six units.
(2)
Affordable dwelling units, which are defined by state statute, shall
be one unit, to be developed on or off the site of this property at
the sole discretion of the owner/developer.
(3)
The affordable housing unit for this development shall be a two-bedroom
unit affordable to a low-income household. The affordable housing
shall be subject to market-rate and affordable housing phasing requirements,
low and moderate income split requirements, disability requirements,
and other requirements, in accordance with Caldwell Borough ordinances
and New Jersey State statutes and regulations.
I.
Parking requirements.
(1)
The provisions of the Residential Site Improvements Standards, N.J.A.C.
5:21-4.14 and Table 4.4 shall apply, although the Borough of Caldwell
recognizes that due to local conditions, alternate standards may be
appropriate and that de minimus exceptions shall apply and be liberally
granted.
[Added 4-21-2020 by Ord. No. 1385-20]
A.
Establishment. There is hereby permitted and created an Inclusionary
Housing Zone 6 (IH6) District as shown on the Official Zoning Map
of the Borough of Caldwell, County of Essex, State of New Jersey.
The Official Zoning Map of the Borough of Caldwell is hereby amended
to include the IH6 District, and is incorporated herein by reference.
The IH6 District shall apply to the property located at 459 Bloomfield
Avenue and designated on the Borough of Caldwell tax maps as Block
36, Lots 5 and 6, and any prior zoning for these lots is hereby changed
accordingly. The zoning in this section shall not be construed or
interpreted to affect the permitted uses, permitted accessory uses,
bulk requirements and/or any other requirements of any other zone
in the Borough.
B.
Purpose. The purpose of this zone is to permit an inclusionary development
on the property located at 459 Bloomfield Avenue and designated on
the Borough of Caldwell tax maps as Block 36, Lots 5 and 6, which
contains a total area of approximately 0.40 acre. The inclusionary
development will consist of 30 multifamily units, of which 24 will
be market-rate units and six will be affordable family units (20%
set aside).
C.
UNIT, MULTIFAMILY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building on one lot, used and designed as a residence for
three or more households living independently of each other and separated
by either vertical, horizontal or both vertical and horizontal construction.
E.
F.
Bulk, area, yard and height requirements.
(1)
Minimum lot area shall be 0.25 acre.
(2)
Minimum lot width shall be 75 feet.
(3)
Maximum gross residential density shall be a maximum amount of total
dwelling units and shall not exceed 30 dwelling units.
(4)
Retail uses shall be limited to the ground floor of a building and
shall occupy a maximum of 3,000 square feet for the property.
(5)
Rear yard setback of five feet is required; no other setbacks are
required.
(6)
Maximum impervious coverage is 99%.
(7)
Maximum height for principal structures shall be 4 1/2 stories
or 65 feet.
(8)
Maximum height for accessory structures shall be one story or 15
feet.
H.
Inclusionary housing requirements.
(1)
Market-rate dwelling units shall total no more than 24.
(2)
Affordable dwelling units, which are defined by state statute, shall
total 20% of the overall total dwelling units, which is six units.
(3)
The affordable housing shall be subject to market-rate and affordable
housing phasing requirements, bedroom distribution requirements, including
a minimum of 20% of the affordable units being constructed as three-bedroom
units and a maximum of one of the affordable units being constructed
as a one-bedroom unit, low and moderate split requirements, accessibility
requirements and other requirements, in accordance with Caldwell Borough
ordinances and New Jersey State statutes and regulations.
I.
Parking requirements.
(1)
Although parking is governed by the Residential Site Improvement
Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Caldwell recognizes
that, due to local conditions, an alternative parking standard of
one space per residential unit plus one accessible parking space (for
a total of 30 parking spaces) is appropriate for the inclusionary
development on the property, in accordance with N.J.A.C. 5:21-4.1(c).
All parking spaces shall be located on the site of the development.
[Added 2-23-2021 by Ord. No. 1399-21]
A.
Purpose. This section is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Borough
or the Borough Planning/Zoning Board that results in multifamily residential
development of five dwelling units or more produces affordable housing
at a set-aside rate of 20%. This section shall apply except where
inconsistent with applicable law.
B.
Mandatory set-aside.
(1)
If the Borough or the Borough's Planning Board or Zoning Board of
Adjustment permits the construction of multifamily or single-family
attached residential development that is "approvable" and "developable,"
as defined at N.J.A.C. 5:93-1.3, the Borough or the Borough's Planning
Board or Zoning Board shall require that an appropriate percentage
of the residential units be set aside for low- and moderate-income
households.
(2)
This requirement shall apply beginning with the effective date the
ordinance creating this section was adopted to any multifamily or
single-family attached residential development, including the residential
portion of a mixed-use project, which consists of five or more new
residential units, whether permitted by a zoning amendment, a variance
granted by the Borough's Planning Board or Zoning Board, or adoption
of a redevelopment plan or amended redevelopment plan in areas in
need of redevelopment or rehabilitation.
(3)
For any such development for which the Borough's land use ordinances
(e.g., zoning or an adopted redevelopment plan) already permitted
residential development as of the effective date the ordinance creating
this section was adopted, this requirement shall only apply if the
Borough, the Borough's Planning Board, or the Borough's Zoning Board
permits an increase in approvable and developable gross residential
density to at least twice the permitted approvable and developable
gross residential density as of the effective date the ordinance creating
this section was adopted.
(4)
Nothing in this section precludes the Borough, the Borough's Planning
Board, or the Borough's Zoning Board from imposing an affordable housing
set-aside in a development not required to have a set-aside pursuant
to this subsection consistent with N.J.S.A. 52:27D-311(h) and other
applicable law.
(5)
For all inclusionary projects, the appropriate set-aside percentage
will be 20% for all for-sale projects and 15% for all rental projects.
(6)
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
(7)
This requirement does not apply to any sites or specific zones otherwise
identified in the Borough's Settlement Agreement with FSHC, which
was executed by the Borough on July 28, 2020, or in the Borough's
2020 Housing Element and Fair Share Plan, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
Furthermore, this section shall not apply to developments containing
four or less dwelling units.
(8)
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
(9)
Where a developer demolishes existing dwelling units and builds new
dwelling units on the same site, the provisions of this section shall
apply only if the net number of dwelling units is five or more.
(10)
All inclusionary projects created under this section must comply with the affordable housing requirements in the Borough's Affordable Housing Ordinance at Chapter 49 of the Borough Code and the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time.
[Added 12-19-2023 by Ord. No. 1449-23]
A.
Establishment.
There is hereby permitted and created a Downtown Redevelopment Overlay
District as shown on the Official Zoning Map of the Borough of Caldwell,
County of Essex, State of New Jersey. The Downtown Redevelopment Overlay
District shall apply to the properties as identified in the Borough
of Caldwell Downtown Redevelopment Plan.
B.
Implementation.
For purposes of implementing the Downtown Redevelopment Plan, the
Mayor and Council of the Borough shall serve as the redevelopment
entity for all matters related to the Plan.
C.
Redevelopment
Plan. The Downtown Redevelopment Plan is on file in the Borough offices.
