(26) CONTINUUM OF CARE SENIOR LIVING FACILITIES AS PERMITTED USES IN THE R-20 DISTRICTS [Added 8/12/98 by Ord. No. 2096]

a. The purpose of this subsection is to:

(1) Establish standards for continuum of care living facilities as defined herein and by the New Jersey Department of Health which are intended to promote "aging in place" in a homelike setting for frail elderly and disabled persons, including persons who require formal long-term care. Continuum of care facilities include, but are not limited to, assisted living residences which assure that residents receive supportive health and social services as they are needed to enable them to maintain their independence, individuality, privacy, and dignity in an apartment-style living unit. The continuum of care environment promotes resident self direction and personal decision-making while protecting residents' health and safety.

**Webmasters Note: The previous subsections, B(25) through B(26)a(1), have been amended as per the 2001 Supplement.

(2) A continuum of care facility offers a suitable living arrangement for persons with a range of capabilities,, disabilities, frailties and strengths.

(3) A continuum of care facility shall be a permitted use in the R-20 districts providing that the use and structure shall adhere to the minimum standards for the R-20 districts and also the standards herein.

b. Continuum of care facilities ("R-CoC") shall include two or more of the following types of uses:

(1) Independent Senior Living Facilities for senior citizens who are capable of living independently of supportive services to assist them with the activities of daily living;

(2) Assisted Living Facilities for senior citizens who are able to live independently in apartment-

style units but require some assistance with the activities of daily living;

(3) Nursing Homes for persons who are not able to live independently in apartmentstyle units and who require a constant level of medical and custodial care;

(4) Continuum of Care Medical Offices, and

(5) Adult Day Care.

c. Accessory Uses may include:

(1) Housing units for caretaker, facility director or similar on-site employee(s), which units shall be included in calculations of density.

(2) Security booths.

(3) Maintenance storage buildings.

(4) Recycling areas.

(5) Recreational areas.

(6) Other uses customary and incidental to the principal permitted use.

d. Definitions:

(1) ASSISTED LIVING FACILITY - A facility which is licensed by the New Jersey State Department of Health and has obtained an approved application for a Certificate of Need from the Department to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room,, a private bathroom, a kitchenette and a lockable door on the unit entrance. A lockable door may be omitted for special needs units, such as those housing patients with Alzheimer's Disease or similar afflictions and for which immediate staff access is necessary for the safety of the resident. A coordinated array of supportive personal and health services available 24 hours a day are usually provided. (Source N.J.A.C. 8:36-1.3).

Basic services to be provided in an Assisted Living Facility include:

Assistance with eating, bathing and dressing.

Assistance with arranging transportation.

Assistance with personal and household chores.

Housekeeping and linen service.

Availability of three meals per day in a congregate setting.

Organized social and recreational activities.

Medication reminders and supervision.

Monitoring of nutrition and health.

Protective supervision.

24.hour response to emergency needs of the resident.

Services coordination and management.

(2) INDEPENDENT SENIOR LIVING FACILITY - An apartment-style facility in which residency is age-restricted to households in which the head of household or their spouse is age 62 years or older, except that due to death,, a remaining spouse less than 62 years of age shall be permitted to continue to reside and further provided that no person under 19 years of age shall reside in any dwelling unit for more than 90 days in any calendar year. Independent Senior Living Facilities may also contain public areas to provide activities for residents including a dining room, community/multipurpose rooms,, chapel and recreational areas.

(3) NURSING HOME - As defined in Section 112- 5.

(4) CONTINUUM OF CARE MEDICAL OFFICES - A building or portion of a building used as a place of business of a person, corporation, firm or public agency for professional medical services or executive services related to the provision of professional medical services and whose target medical population is senior citizens, which may be provided on sites where Assisted Living Facilities or Senior Independent Living Facilities are provided.

(5) ADULT DAY CARE - The provision of care and supervision, monitoring of general health, social interaction and peer contact in a structured program for impaired or socially isolated adult individuals, who may live on or off-site, and who can not be left alone during the day, but who do not require 24-hour institutional nursing care.

e. R-CoC facilities may be located in R-20 districts as permitted uses subject to the following conditions and as permitted by the Planning Board in accordance with the following standards and site plan review:

(1) A statement is submitted setting forth in full detail all particulars on the building use. An approved application for a Certificate of Need shall be required from the applicant before the signing of a development plan.

(2) The lot or tract on which the R-CoC facility is situated must front on a major or minor road as designated on the Circulation Element on the Master Plan of the Township of Franklin.

(3) The R-CoC facilities shall be situated on a site serviced by water and sewer utilities maintained and operated by a public utility franchised with the Township of Franklin or by the Township of Franklin.

(4) No R-CoC facility shall be operated in the Township of Franklin unless duly licensed and approved by the Department of Health in the State of New Jersey.

(5) There must be an adequate driveway for unobstructed ambulance entrance to an exit in the building. Said driveway shall be such that ambulances can enter and leave the premises without danger of being blocked by other traffic or parked vehicles and with sufficient room for turning, loading and unloading said ambulances. The provisions of Chapter 170 of the Township Code are applicable to R-Coc facilities.

(6) A safe and convenient system of drives, walkways, access areas and parking facilities must be provided for the employees, doctors, management, visitors, ambulances, delivery vehicles and fire, police or other emergency vehicles.

(7) There shall be adequate outside lighting to provide safety for all persons at all times at said R-CoC facility,, and said lighting shall be directed and shielded so as to cause minimum disturbance to adjoining properties.

(8) R-CoC facilities shall be built of fireproof material in accordance with the Building Codes of the State of New Jersey and the Township Fire Code.

(9) R-CoC facility designs shall be functional and shall adequately provide for the health, welfare and safety of the patients, employees, visitors and general public.

(10) The lot or tract upon which the R-CoC facility is proposed shall conform to the following standards and requirements:

(a) Minimum lot area: forty (40) acres

(b) Minimum lot frontage: three hundred (300) feet

(c) Maximum height:

Assisted Living Facility:

1.Pitched roof 3 stories or 55 feet to the highest ridge beam of a pitched roof

Flat roof 4 stories or 45 feet to the highest flat roof

Independent Senior Living Facility:

Pitched roof 3 stories or 55 feet to the highest ridge beam of a pitched roof

Flat roof 5 stories or 52 feet to the highest flat roof

Continuum of Care Medical Offices: 2 stories or 42 feet to the highest ridge beam of a pitched roof

Nursing Home: 2 stories or 30 feet, whichever is less

(d) Maximum impervious coverage: thirty-five percent (35%).

(e) Minimum setbacks for all buildings exclusive of entrance gatehouse:

Front yard: one hundred (100) feet

Side and rear yards:

From residential zone and/or single-family or multi-family residence property line: one hundred (100) feet

From non-residential zone property line: fifty (50) feet

A minimum of fifty (50) feet of the setback area (except adjacent to a non-

residential zone property line) shall be considered a buffer strip. Driveways may only cross the buffer strip. Said buffer shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the applicant to supplement the existing vegetation.

(f) off-street parking: no parking or standing shall be permitted in the required front yard except for emergency vehicles, drop-off /pick-up areas and visitor parking spaces.

Assisted Living Facilities: A minimum of 1 space an employee at the maximum shift plus 1 space for each 10 units.

Independent Senior Living Facilities: A minimum of 1 space an employee at the maximum shift plus 1 space for every 1-1/2 units.

Continuum of Care Medical offices: Same as professional offices.

Nursing Homes: As defined in Section 112-9 (13) (m) .

Minimum parking setbacks: From building: 10 feet

From single-family, multifamily residential zone and/or single-family or multi-family residence property line: 50 feet

From non-residential zone property line: 5 feet

(11) The permanent residents of the R-CoC facilities shall be restricted to those sixty-two (62) years of age or older, however, nothing herein shall prohibit a spouse from residing in the facility who is under the age of sixty-two (62).

(12) Support facilities, functions and services may be for the use and benefit of the resident users of the facility, their guests and adult day care users.

(13) The minimum size of a single occupant residential unit, including bathroom, and of a double occupant unit, shall be governed by the statutes of the State of New Jersey.

(14) Health care and support services, functions and facilities shall include the following at a minimum:

(a) Indoor and outdoor recreational facilities;

(b) Physical therapy facilities;

(c) Entertainment facilities;

(d) Libraries;

(e) Dining facilities and food preparation facilities

(f) Housekeeping and Laundry Services; and

(g) Emergency medical services and private emergency transportation facilities.

(h) 24 hour staffed reception area including a security person available at all times to respond to and handle emergency situations and inquiries.

(15) The facilities and site shall conform to all design and other standards set forth for the district in which situated unless modified herein.

(16) Maximum number of units: 400

(17) Maximum density: 10 units an acre

(18) Developer's agreement. The developer and the municipality shall enter into an agreement at final plan approval pursuant to the provisions of N.J.S.A. 40:55D-39, setting forth the implementation requirements for a R-CoC facility. The substance of the developer's agreement shall be consistent with the laws of the State of New Jersey, the Franklin Township Development Ordinance and the conditions and standards applicable to R-Coc facilities. The developer's agreement shall be in a form satisfactory to the Township Attorney and Township Council and shall include, but may not be limited to,, provisions relating to the following:

(a) The disposition of lands required to be set aside for public, semipublic and/or open space and outdoor recreation uses.

(b) The disposition of lands adjacent to an R-CoC facility under the control of either the applicant or the property owner to assure compatibility with the activities of a R-CoC project.

(c) The phasing, financing and extent of off-tract traffic improvements.

(d) Public approvals and municipal and developer actions required to implement public infrastructure improvements, such as public sewers and stormwater control.

(e) The developer's obligation to maintain the project and comply with site plan approval conditions dealing with signage, building exteriors, landscaping, drainage, security, buffer areas and open spaces, trash removal and internal roadways.

(f) Cleanup of any environmentally contaminated area. The municipality shall not have any responsibility for superfund cleanup or site remediation.

(g) Consideration of municipal impacts.

(h) Agreements to support fire and rescue squads.

(i) Open space area. Thirty (30%) of the gross acreage shall be open space area which areas shall not include paved roadways or parking areas.

(j) Buffer area. A buffer area of 50 feet in width shall be provided along the tract boundary. Earth berms., landscaping and/or ornamental fencing shall be provided within the required buffer areas.

**Webmaster's Note: The previous subsections have been amended (24 through 26) as per the 1998 supplement.

C. NON-CONFORMING USES

(1) CONTINUANCE

Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this ordinance may be continued, although such use or building does not conform to the regulation specified by this ordinance for the zone in which such land or building is located, provided however:

(a) That no non-conforming lot shall be further reduced in size.

(b) That no non-conforming building shall be enlarged, extended or increased except where such enlargement, extension or increase complies with all provisions of the Development Ordinance and the only violation of the Development ordinance arises from such non-conformity which is not in any manner affected by such proposed enlargement, extension or increase.

(c) That no non-conforming use may be expanded. (Amended 6/28/88 by ordinance #1403)

(2) ABANDONMENT

A non-conforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one (1) year from the date of cessation or discontinuance. Such use shall not thereafter by reinstated, and the structure shall not be reoccupied except in conformance with this ordinance.

(3) RESTORATION

(a) If any non-conforming building, other than an existing one family or two family detached dwelling, shall be destroyed by reason of windstorm, fire, explosion or other Act of God or the public enemy, then, such destruction shall be deemed complete destruction and the structure may not be rebuilt, restored or repaired except in conformity with the regulations of this ordinance. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any walk, floor or roof which has been declared unsafe by the Code Enforcement Officer.

(b) Any non-conforming single family detached one or two family detached dwelling may be rebuilt or restored provided the following conditions are met:

(1) The dwelling is reconstructed within one (1) year of the destruction;

(2) The footprint and height remain unchanged, or smaller than the original structure;

(3) The building setbacks remain unchanged, or greater than the original structure.

Nothing in this Ordinance shall prevent the strengthening or restoring to safe condition any walk, floor or roof which has been declared unsafe by the Code Enforcement officer. [Amended 5-12-

92.by Ord. No. 1705; 427-93 by Ord. No. 1770]

(4) REVERSION

No non-conforming use shall, if once changed into a conforming use, be changed back again into a non-conforming use.

(5) ALTERATIONS

A non-conforming building may be altered but not enlarged or extended during its life to an extent not exceeding in aggregate fifty percent (50%) of the recorded true value of the building as appraised in the records of the tax assessor unless said building is changed to a building conforming to the requirements of this ordinance.

(6) CONSTRUCTION APPROVED PRIOR TO ORDINANCE

Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from the date of this ordinance.

(7) DISTRICT CHANGES

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any non-conforming uses existing therein or created thereby.

(8) UNDERSIZED LOTS: EXISTING

(a) Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which lot was under one ownership on or before November 13, 1958, and the owner thereof owns no adjoining vacant land with continuous frontage may be used as a lot for the purpose permitted in the zone, provided the lot in question has an area and frontage of not less than 90 percent of that prescribed in section 112-8D, Schedule II, Lot and Yard Requirements, and complies with all other regulations prescribed for the zone.

(b) If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record as of November 13, 1958 and if all or part of the lots do not meet the requirements for lot frontage and area as established by this Ordinance, the lands involved shall be considered to be an undivided parcel, and no portion thereof shall be used or sold which does not meet lot frontage and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with frontage or area below the requirements stated in this Ordinance.

[(9) RESTORATION OF EXISTING 1 & 2 FAMILY DETACHED DWELLINGS IN NON RESIDENTIAL ZONES - Added S-12-92 by Ord. No. 1705; deleted 4/27/93 by Ord. No. 1770]

(9) CERTIFICATION OF PRE-EXISTING NON -CONFORMING USE [Added 4/27/93 by Ord. No. 1770]

(a) The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a non-conforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the Ordinance which rendered the use or structure non-conforming.

(b) For purposes of this section, the date of the adoption of the first Zoning Ordinance in Franklin Township shall be October 30, 1958.

(c) The Applicant shall have the burden of proof.

(d) Application pursuant hereto may be made to the Administrative officer within one year of the adoption of the ordinance which rendered the use or structure non-conforming or at any time to the Board of Adjustment.

(e) Denial by the Administrative officer shall be appealable to the Board of Adjustment.

D. FLAG LOTS -[Added 7/13/99 by Ordinance #3057]

(1) Purpose - to permit the subdivision of land which is:

(a) located in the lower density residential zones;

(b) has an area more than two and one half times the minimum required by the zone; and

(c) has relatively narrow frontage in relation to depth.

(2) Intent:

(a) to allow only one flag lot per subdivision;

(b) to prevent the continuous subdivision of the original parcel of land into flag lots, thereby avoiding sound planning principles and the development of properly engineered transportation routes for access and emergency response; and

(c) to prevent the creation of long narrow lots with the intent of further subdivision into flag lots.

(3) Regulations:

(a) Flag lots shall be a subdivision option in the R-40, RR3, RR5, and A Districts. The development of one flag lot behind another flag lot is prohibited. No more than one flag lot may be assigned to a flag-pole.

(b) Before any subdivision option for a flag lot development is to be granted, the Planning Board shall determine that;

[1] Flag lot development will not significantly reduce property values in the neighborhood. In determining whether property values will be significantly reduced, the Planning Board will consider the size of the nearby lots in comparison with the proposed flag lot.

[2] The terrain or topography of the area or the shape of the lot in which the flag lot is proposed is such that subdivision of said lot in accordance with the Development Ordinance is not feasible.

(c) Definitions:

[1] FLAG LOTS : A lot or parcel created by subdivision which:

[a] does not have the required length of frontage on a public street.

[b] is connected to a public street by means of a "flag-pole"; and

[c] is located behind a lot or portion of a lot which has frontage on a public street.

[2] FLAG LOT DEVELOPMENT : A subdivision of land for the creation of not more than one flag lot. The subdivision may be deemed to be either a major or minor subdivision as determined by ordinance.

[3] FLAG-POLE : A narrow strip or projection of land extending from the public right of way to the buildable portion of a flag lot.

[4] FRONTING LOT : That remnant portion of the original lot that was subject to a flag lot subdivision, which fronts on a public street.

(d) Standards:

[1] Flag Lot:

[a] The minimum area of the flag lot to be created shall be 1.5 times greater than that required in the zone. The area of the flag-pole shall not be included in calculating the area of the flag lot.

[b] The minimum building setbacks shall be equal to the minimum front yard setback of the zone and shall be observed from all property lines.

[c] A flag lot subdivision shall not be approved which would create a flag-pole that would be generally parallel to a public or private road unless the flag-pole is separated from either road by not less than 1.5 times the minimum lot frontage

[2] The original lot shall conform in all respects to the frontage standards of the zone. After subtracting the frontage for the flag-pole, the fronting lot shall be no less than the minimum frontage minus 30'.

[3] Flag Pole:

[a] The minimum width shall be 30'. The maximum length of the flag-pole from the public street to the buildable portion of the flag lot shall not exceed 2 times the minimum lot frontage of the zone.

[b] The flag-pole shall not cross a live stream, stream bed, ravine, wetlands or similar topographic features without provision of an adequate structure approved by the Township Engineer or appropriate outside agencies.

[c] The flag-pole shall lie along a property line which is significantly perpendicular to the public street. In no instance will one flag-pole be adjacent to another flag-pole.

[d] Parking of vehicles shall be prohibited in any portion of the flag-pole.

[e] The flag-pole may be used to serve as an access drive for the fronting lot resulting from the flag lot development. In such instance, an access easement/maintenance agreement is required.

[4] Access Driveway

[a] The access drive shall be contained within the flag-pole.

[b] The access drive shall have a minimum width of 12 feet.

[c] The access drive shall be paved from the front yard setback of the zone to the edge of the pavement in the public right of way.

[d] As a minimum, the remainder of the access drive shall be surfaced with 3/4 inch quarry processed stone to a minimum depth of 6 inches compacted over a firm subbase.

[e] Prior to the issuance of a building permit, a tracking pad of 1-1/2 inch diameter stone shall be emplaced from the public street for a distance of 50'.

[f] Prior to the issuance of a certificate of occupancy, the access drive shall be constructed to the point necessary to provide access to the affected lot.

[g] A visual buffer beginning at the front yard setback line from the public right of way extending to the buildable portion of the flag lot shall be planted on the side of the access drive nearest the property line of the adjacent lot which was not the subject of the flag lot development. The planting shall consist of evergreen material capable of sustaining a visual barrier. Plants shall be a minimum of 4-5 foot in height at the time of installation, planted 3 feet on center.

(e) Prohibitions:

[1] No lot created as a result of a flag lot subdivision shall be further subdivided.

[2] No lot created as a result of a subdivision subsequent to the passage of this ordinance shall be further subdivided under the flag lot development provisions. improvements in relation to the total benefit resulting from the necessary improvement to all properties as developed or potentially developed.

**Webmasters Note: The previous letter D. Flag Lots have been amended as per supplement dated 12/31/99.

E. PROVISION OF LOW AND MODERATE INCOME HOUSING

(1) MANDATORY SET-ASIDE REQUIREMENTS

As required in Sections 112-9B(8), 112-9B(17), and 112-9D(2), a developer shall provide or cause others to provide low income dwelling units which shall be not less than five percent (5%) of the total number of dwelling units specified in the development plan. The developer shall also provide the number of moderate income dwelling units which, when added to the number of low income dwelling units, shall not be less than fifteen percent (15%) of the total number of dwelling units specified in the development plan.

(2) PHASED DEVELOPMENT REQUIREMENTS

Low and moderate income housing developers must demonstrate to the Planning Board that their development shall be timed and phased in accordance with regulations adopted by the Council on Affordable Housing as same may be amended from time to time. (Amended 11/10/87 by Ordinance 01370)

(3) AFFORDABILITY CONTROLS

In order to ensure that low and moderate income housing units will remain economically feasible upon resale to persons within the applicable income range developers shall be required to comply with all provisions of regulations adopted by the Council on Affordable Housing as same may be amended from time to time. (Amended 11/10/87 by Ordinance #1370)

(4) DENSITY BONUS

A density bonus of 2 units per gross residential acre will be given to the developer who provides low and moderate income dwelling units equal to 20% or more of the total number of dwelling units in a development plan for garden apartment development, or residential cluster development or townhouse development pursuant to Sections 112-9B(8) and 1129B(17), respectively.

(5) NUMBER OF BEDROOMS

The average number of bedrooms proposed for low and moderate income dwelling units shall comply with regulations adopted by the Council on Affordable Housing as same may be amended from time to time. (Amended 11/10/87 by Ordinance #1370)

(6) METHODS OF PROVIDING LOW AND MODERATE INCOME HOUSING - GOVERNMENT SUBSIDIES

In order to provide low and moderate income dwelling units, all applicants for development shall make proposals which comply with regulations adopted by the Council on Affordable Housing as same may be amended from time to time. (Amended 11/10/87 by Ordinance #1370)

(7) METHODS OF PROVIDING LOW AND MODERATE INCOME HOUSING - NON-

SUBSIDIZED HOUSING

All plans for providing low and moderate income housing units shall comply with regulations promulgated by the Council on Affordable Housing as same may be amended from time to time. (Amended 11/10/87 by Ordinance #1370)

(8) ADMINISTRATION OF AFFORDABILITY CONTROLS

Pursuant to the provisions of N.J.A.C. 5:92-12.3 the Township of Franklin shall enter into a contract with the New Jersey Housing and Mortgage Finance Agency or its designee in order to provide an appropriate administrative mechanism or entity responsible for assuring that low and moderate income housing units remain affordable to low and moderate income households. (Amended 11/10/87 by Ordinance #1370)

F. PARKING

(1) GENERAL PROVISIONS

Off-street parking, unloading and service requirements of this section shall apply and govern in all present and future zoning districts. Except as provided in this section, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use, a plot plan showing the required spate 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. Where weather conditions preclude paving, a certificate of occupancy may be issued on the condition that the applicant will complete the required paving within a specified period of time to be stated on the certificate of occupancy and further provided that in no event shall such period of time be more than six (6) months.

(2) DUTY TO PROVIDE AND MAINTAIN OFF-STREET PARKING AND LOADING

No land shall be used or occupied, no structure shall be designed, created, altered, used or occupied, unless off-street parking and loading facilities are provided as required by this section; provided however, that any use in operation on the effective date of these regulations is not affected by the provisions of this section until such time as the existing gross floor area is increased.

(3) PLAN AND DESIGN STANDARDS

Each off-street parking space shall measure nine (9) feet in width by eighteen (18) feet in length. Parking spaces for people with disabilities shall be in accordance with the New Jersey Uniform Construction Code (NJAC 5:23-7) or the Americans with Disabilities Act, as applicable. [Amended 8/8/00 by Ordinance #3148]

(4) PROVISION FOR PROPER DRAINAGE, MAINTENANCE AND CONSTRUCTION

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 constructed of materials which will assure a surface resistant to erosion. Such drainage and materials shall be installed as required by the Township design standards. All such areas shall 're at all times maintained at the expense of the-owners thereof, in a clean, orderly and dust-free condition.

(5) SEPARATION FROM WALKWAYS AND STREETS

All off-street parking, off-street loading and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective devices in accordance with Township design standards.

(6) PRIVATE WALKS ADJACENT TO BUSINESS BUILDINGS

A private walk, if provided, adjacent to a building shall not be less than four (4) feet in width.

(7) SCREEN REQUIRED WHEN ADJOINING PROPERTY IS RESIDENTIAL

Where off-street parking, loading or service areas are to be located closer than fifty 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, 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 continuous planting screen at least three (3) feet in height. No such screen shall extend nearer to a street right-of-way line than the established building line of the adjoining residential lot, and no screen shall be required along the line of a public street.