Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[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or in any way to impair or interfere with existing provisions of other laws or ordinances (except those specifically repealed by this chapter) nor with any permits previously issued or which shall be issued pursuant to law relating to the use of buildings or premises nor with any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 10 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]
RAA
Residential District
RA
Residential District
RB
Residential District
RA/OP
Residential/Home Professional Office District
RC
Residential/Conservation District
RD
Garden Apartment District
B
General Business District
OP-2
Office Professional District
ORC
Office Residential Character District
RD/OP
Garden Apartment/Office Professional District
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," prepared by P. David Zimmerman, AICP, 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]
[1]
Editor's Note: The General Zoning Map is on file in the Borough offices.
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. 
Definitions. For the purposes of this chapter, the terms used herein are defined as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building the purpose of which is incidental to that of a main use or building located on the same lot.
BOARDING OR ROOMING HOUSE
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.
BUFFER AREA
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.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT
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.
COURT
A required open unoccupied space, other than a yard, on the same lot with a building.
CURB LEVEL
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.
DRIVE-IN-OPERATION
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.
DWELLING UNIT
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:
(1) 
A detached building designed for or occupied exclusively by one family.
(2) 
A building designed for or occupied exclusively by two families living independently of each other.
(3) 
A building used or designed as a residence for three or more families living independently of each other, not including a motel.
(4) 
A 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.
(5) 
A 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.
FAMILY
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.
FENCE
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]
FLOOR AREA RATIO (FAR)
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.
(1) 
A 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.
(2) 
Any 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.
(3) 
An 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.
HOME OCCUPATION
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.
HOME PROFESSIONAL OFFICE
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.
HOTEL or MOTEL
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.
JUNKYARD
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.
LOT
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.
(1) 
Any boundary line of a lot excluding any street area.
(2) 
The total area within the lot lines of a lot.
(3) 
That portion of a lot extending along a street line.
(4) 
The mean distance between the front lot line and the rear lot line drawn at right angles to the front property line.
(5) 
The 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]
(6) 
The percentage of the lot area that is occupied by the principal and accessory buildings.
(7) 
A 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]
(8) 
A 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.
(9) 
A 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.
(10) 
A 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.
MOBILE TEMPORARY STORAGE CONTAINERS
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]
NURSERY SCHOOL
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]
OFFICE RESIDENTIAL CHARACTER
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]
OPEN PORCH
A roofed structure supported by columns, but having no side walls, which projects beyond the main walls of a building.
PAVEMENT
An impervious ground covering.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which the building is situated.
PRINCIPAL USE
The primary or main purpose for which a lot or building is being utilized.
QUASI-PUBLIC
Private organizations and groups of a fraternal, church or charitable nature.
RECREATIONAL VEHICLE
A vehicle designed and intended to be used for temporary sleeping or shelter during periods of travel and recreation.
SETBACK LINE
A line parallel to a lot line delineating the minimum required yard area.
SHOPPING CENTER
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.
SIGN
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.)
STREET
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.
STRUCTURAL ALTERATION
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.
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.
WIRELESS COMMUNICATIONS FACILITIES
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]
YARD
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.
(1) 
An 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]
(2) 
An open, unoccupied space within and extending the full width of the lot between the rear wall of the building and the rear lot line.
(3) 
An 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.
(1) 
Second dwelling prohibited. In no case shall there be permitted more than one residential building on each subdivision lot of record.
(2) 
All principal buildings shall be built upon a lot with frontage on a public street or on a private street approved by the Planning Board.
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.
(h) 
Fences, in accordance with Subsection I.
(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.
[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.
(2) 
No part of any structure erected pursuant to Subsection A to a height in excess of the height limit for the zone in which it is situated shall:
(a) 
Have a lot coverage in excess of 10% of the lot area.
(b) 
Be used for residence or tenancy purposes.
(c) 
Have any sign, nameplate display or advertising device of any kind whatsoever inscribed or attached to such structure.
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:
(1) 
Detached single-family dwellings.
(2) 
Churches and other places of worship, including parish houses and Sunday School buildings.
(3) 
Public and private, nonprofit, educational institutions.
B. 
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including but not limited to those specified below:
(1) 
Private garages.
(2) 
Private tennis courts.
(3) 
Private swimming pools.
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:
(1) 
Licensed nursing homes and convalescent homes.
(2) 
Nursery schools.
(3) 
Home occupations.
(4) 
Public swimming pools.
[Added 11-19-2019 by Ord. No. 1370-19]
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) 
Churches and other places of worship shall have:
(a) 
A minimum lot area of one acre.
(b) 
Minimum front yard, side yards and rear yard of 40 feet each.
(2) 
Public and private nonprofit educational institutions shall have:
(a) 
A minimum lot area of five acres.
(b) 
Minimum front yard, side yards and rear yard of 40 feet each.
E. 
Off-street parking requirements. As specified in § 250-20.
F. 
Signs. Signs are subject to the sign regulations of § 250-21.
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) 
Detached single-family dwellings.
(2) 
Churches and other places of worship, including parish houses and Sunday School buildings.
B. 
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including but not limited to those specified below:
[Amended 7-13-1999 by Ord. No. 1073-99]
(1) 
Private garages.
(2) 
Private tennis courts.
(3) 
Private swimming pools.
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]
(1) 
Licensed nursing homes and convalescent homes.
(2) 
Nursery schools.
(3) 
Home occupations.
D. 
Height, area and yard requirements. As specified in the schedule of regulations, located at the end of this chapter.
E. 
Off-street parking requirements. As specified in § 250-20.
F. 
Signs. Signs are subject to the sign regulations of § 250-21.
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) 
Detached single-family dwellings.
(2) 
Churches and other places of worship, including parish houses and Sunday School buildings.
B. 
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including but not limited to those specified below:
[Amended 7-13-1999 by Ord. No. 1073-99]
(1) 
Private garages.
(2) 
Private tennis courts.
(3) 
Private swimming pools.
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:
(1) 
Home professional offices.
(2) 
Home occupations.
D. 
Height, area and yard requirements. As specified in the schedule of regulations, located at the end of this chapter.
E. 
Off-street parking requirements. As specified in § 250-20.
F. 
Signs. Signs are subject to the sign regulations of § 250-21.
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) 
Detached single-family dwellings.
(2) 
Detached two-family dwellings.
(3) 
Churches and other places of worship.
B. 
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including but not limited to those specified below:
[Amended 7-13-1999 by Ord. No. 1073-99]
(1) 
Private garages.
(2) 
Private tennis courts.
(3) 
Private swimming pools.
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]
(1) 
Licensed nursing homes and convalescent homes.
(2) 
Nursery schools.
(3) 
Home occupations.
(4) 
Quasi-public clubs and organizations.
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.
E. 
Off-street parking requirements. As specified in § 250-20.
F. 
Signs. Signs are subject to the sign regulations of § 250-21.
[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:
(1) 
Detached single-family dwellings.
(2) 
Private open space.
(3) 
Municipal open space and/or recreation.
B. 
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including but not limited to those specified below in conjunction with residential use:
(1) 
Private garages.
(2) 
Private tennis courts.
(3) 
Private swimming pools.
C. 
Conditional uses. The following conditional uses may be permitted, provided all of the terms and conditions specified for the particular use in § 250-19 are complied with:
(1) 
Home occupations.
D. 
Height, area and yard requirements in conjunction with residential use. The same as specified in the Schedule of Regulations, located at the end of this chapter, with reference to the RAA Zone District, except that:
(1) 
The minimum lot width shall be 150 feet;
(2) 
Minimum combined side yards shall be 25 feet but not less than 25% of the lot width;
(3) 
Minimum rear yards shall be 40 feet;
(4) 
Maximum lot coverage by all buildings and pavement shall be 25%; and
(5) 
Building height shall not exceed 30 feet.
E. 
Off-street parking requirements. As specified in § 250-20.
F. 
Signs. Signs are subject to the sign regulations of § 250-21.
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]
(1) 
Detached single-family dwellings.
(2) 
Churches and other places of worship, including parish houses and Sunday School buildings.
(3) 
Detached two-family dwellings.
(4) 
Garden apartments.
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]
(1) 
Private garages.
(2) 
Private tennis courts.
(3) 
Private swimming pools.
(4) 
Laundry area and drying yard facilities.
(5) 
Maintenance or storage buildings.
(6) 
Off-street parking areas.
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:
(1) 
Multifamily dwellings of the type where more than two units have the same interior entrance or exit.
(2) 
Quasi-public clubs and organizations.
(3) 
Wireless communications facilities.
[Added 8-15-2000 by Ord. No. 1097-00]
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.
G. 
Signs. Signs are subject to the sign regulations of § 250-21.
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:
(1) 
Maintenance and storage buildings for articles in connection with any of the above permitted uses.
(2) 
Private off-street parking areas.
(3) 
Massage, bodywork and somatic therapy, subject to the requirements established in § 250-8.
[Added 3-8-2005 by Ord. No. 1152-05]
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:
(1) 
Quasi-public clubs and organizations.
(2) 
Gasoline service stations and public garages.
(3) 
Billboards or outdoor advertising signs.
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.
F. 
Off-street parking requirements. As specified in § 250-20.
G. 
Signs. Signs are subject to the sign regulations of § 250-21.
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.
B. 
Permitted accessory uses and buildings. Uses and buildings incidental to the above uses, including but not limited to those specified below:
(1) 
Private garages.
(2) 
Off-street parking area.
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%.
E. 
Off-street parking requirements. As specified in § 250-20.
F. 
Signs. Signs are subject to the sign regulations of § 250-21.
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:
(1) 
Detached single-family dwellings.
(2) 
Home professional offices.
(3) 
Home professional occupations.
(4) 
A combination of professional office and residential use within the same structure.
(5) 
Professional office.
B. 
Permitted accessory uses and buildings. Permitted accessory uses and buildings shall be as follows:
(1) 
Same as prescribed in § 250-11B for the RAA Residential District.
(2) 
Off-street parking area.
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%.
E. 
Off-street parking requirements. Off-street parking requirements shall be as specified in § 250-20.
F. 
Signs. Signs are subject to the sign regulations of § 250-21.
[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:
(1) 
Permitted principal uses in the RD Garden Apartment District as specified in § 250-15A.
(2) 
Permitted principal uses established in the Office Professional District as set forth in § 250-17A.
B. 
Permitted accessory uses and buildings. Uses incidental to the above uses, including but not limited to those specified below:
(1) 
Permitted accessory uses and buildings established in the RD Garden Apartment District, § 250-15B.
(2) 
Permitted accessory uses and buildings established in the Office Professional District as set forth in § 250-17B.
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:
(1) 
Multifamily dwellings of the type where more than two units have the same interior entrance or exit.
(2) 
Quasi-public clubs and organizations.
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.
G. 
Signs. Signs are subject to the sign regulations of § 250-21.
H. 
Prohibited uses. Specifically prohibited shall be the uses set forth in § 250-17G.
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.
(7) 
Off-street parking shall be provided for at least the minimum number of cars required by § 250-20. Such off-street parking area shall be suitably screened from adjoining residential lots by appropriated landscaping and/or fencing.
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.
H. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection H, regarding community residences for the mentally and physically handicapped, was repealed 6-25-2002 by Ord. No. 1115-02.
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.
(1) 
Size of required parking spaces.
(a) 
Parallel curb parking spaces shall measure eight feet in width and 22 feet in length.
(b) 
All angled off-street parking spaces shall measure not less than 19 feet in length by nine feet in width, width to be measured perpendicular to side stall markings.
(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.
(a) 
A driveway, exclusive of curb return radii, shall be not less than 12 feet nor more than 36 feet in width.
(b) 
Where there is no parking area, interior driveways shall be at least 12 feet wide for one-way traffic movement and at least 22 feet wide for two-way traffic movement.
(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. 
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.
A-FRAME OR SANDWICH SIGN
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.
ANIMATED SIGN
Any sign that uses movement or change of lighting to depict action or the illusion of movement or create a special effect or scene.
AREA IDENTIFICATION SIGN
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.
AWNINGS AND CANOPIES
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.
AWNING SIGN
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.
BANNER
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.
BEACON
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.
BILLBOARD or OUTDOOR ADVERTISING SIGN
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.
BUILDING MARKER
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.
BUILDING SIGN
Any sign attached to any part of a building, as contrasted to a freestanding sign.
BULLETIN BOARD
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.
BUSINESS SIGN
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.
CANOPY
See "awnings and canopies."
CANOPY SIGN
See "awning sign."
CHANGEABLE MESSAGE
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.
COMMERCIAL MESSAGE
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.
DIRECTIONAL SIGN
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.
DIRECTORY SIGN
A sign listing the tenants or occupants of a building.
DISPLAY SURFACE AREA
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.
ERECT
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.
EXTERNALLY ILLUMINATED SIGN
Any illuminated sign whose illumination is derived from an external artificial source outside the display portion of the sign.
FACADE
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.
FLAG
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.
FLASHING SIGN
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.
FREESTANDING OR GROUND SIGN
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.
ILLUMINATED SIGN
A sign which is lighted by a self-contained interior light or by lights projected or directed onto it.
INCIDENTAL SIGN
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.
INTERNALLY ILLUMINATED SIGN
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.
MARQUEE
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.
MARQUEE SIGN
Any sign attached to, in any manner, or made a part of a marquee.
NAMEPLATE SIGN
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.
NEON SIGN
Self-luminous electric signs usually constructed of glass tubing containing a vapor or gas configured to form a display or lettering.
NONCONFORMING SIGN
Any sign that does not conform to the requirements of this chapter.
OFFICIAL SIGN
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.
OUTDOOR ADVERTISING SIGN
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.
OVERHANGING SIGN
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.
PENNANT
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.
PERSON
Any association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
POLITICAL SIGN
A sign advancing the candidacy of any candidate or group of candidates for public office or a cause subject to political judgment.
PORTABLE SIGN
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.
PROFESSIONAL SIGN
A sign listing only the name, profession and/or specialty of each practitioner.
PROJECTING SIGN
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.
PUMP ISLAND CANOPY SIGN
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.
REAL ESTATE SIGN
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.
ROOF SIGN
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.
SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.
SHOPPING CENTER OR MALL
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.
SIGN
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.
TEMPORARY SIGN
Any sign that is used only temporarily and is not permanently mounted.
WALL SIGN
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.
WINDOW
Total glass area presented to public view for purposes of display.
WINDOW SIGN
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:
[a] 
Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.
[b] 
Only one fuel price informational sign shall be permitted per fuel pump.
[c] 
Fuel price informational signs shall be limited in size to an area of 216 square inches.
[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.
(c) 
One freestanding or wall-mounted sign shall be permitted in accordance with Subsections E(2)(d) and (e) below; in no case shall more than one sign be permitted.
(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.
(c) 
One freestanding or wall-mounted sign shall be permitted in accordance with Subsections E(3)(d) and (g) below; in no case shall more than one sign be permitted.
(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]
[1]
Editor's Note: See Chapter 190, Sewers.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING, STACKED TOWNHOUSE
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.
(1) 
Parking areas and lots as required by Chapter 250;
(2) 
Loading areas as required by Chapter 250;
(3) 
Signage as permitted by Chapter 250;
(4) 
Refuse and recycling enclosures as regulated by Chapter 250;
(5) 
Satellite antennas as regulated by Chapter 250 and/or federal law;
(6) 
Fences and walls as regulated by Chapter 250;
(7) 
Driveways and utilities as regulated by Chapter 250;
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING, STACKED TOWNHOUSE
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.
(1) 
Parking areas and lots as required by Chapter 250;
(2) 
Loading areas as required by Chapter 250;
(3) 
Signage as permitted by Chapter 250;
(4) 
Refuse and recycling enclosures as regulated by Chapter 250;
(5) 
Satellite antennas as regulated by Chapter 250 and/or federal law;
(6) 
Fences and walls as regulated by Chapter 250;
(7) 
Driveways and utilities as regulated by Chapter 250;
(8) 
Private attached garages to be used by occupants of the inclusionary housing development in this zone;
(9) 
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.
(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]
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 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 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 18 multi-family units, of which 13 will be market-rate units and five will be affordable family units (27% set aside).
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
UNIT, MULTIFAMILY
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. 
Permitted accessory uses.
(1) 
Parking areas and lots as required by Chapter 250;
(2) 
Loading areas as required by Chapter 250;
(3) 
Signage as permitted by Chapter 250;
(4) 
Refuse and recycling enclosures as regulated by Chapter 250;
(5) 
Satellite antennas as regulated by Chapter 250 and/or federal law;
(6) 
Fences and walls as regulated by Chapter 250;
(7) 
Driveways and utilities as regulated by Chapter 250;
(8) 
Private attached garages to be used by occupants of the inclusionary housing development in this zone; and
(9) 
Any other customarily incidental accessory use.
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 36 dwelling units per acre and the maximum amount of total dwelling units shall not exceed 18 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.
G. 
Building requirements.
(1) 
Multifamily buildings shall not exceed 225 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 27% of the overall total dwelling units, which is five 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 19 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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING, STACKED TOWNHOUSE
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.
(1) 
Parking areas and lots as required by Chapter 250;
(2) 
Loading areas as required by Chapter 250;
(3) 
Signage as permitted by Chapter 250;
(4) 
Refuse and recycling enclosures as regulated by Chapter 250;
(5) 
Satellite antennas as regulated by Chapter 250 and/or federal law;
(6) 
Fences and walls as regulated by Chapter 250;
(7) 
Driveways and utilities as regulated by Chapter 250;
(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).