* Variable Front Yard Setback - Front yard setback shall occur within the given range, and shall be determined by the HPC for visual compatibility with the front yard setbacks of contributing buildings on the same side of the street in the same block.

Accessory uses and structures shall be permitted in all districts, subject to the following provisions:

Location. No accessory use or structure, except as specifically permitted in this ordinance, shall be located in a front yard. Accessory uses and structures must be located on the same lot as the principal use or structure to which they are accessory.

Setbacks. Accessory structures, unless specifically regulated otherwise in this ordinance, shall be set back from side and rear property lines a minimum five (5) feet to a rear yard property line and five (5) feet to a side yard property line.

Height. No accessory structure in a residential zone shall be taller than one and one-half (1-1/2) stories or fifteen (15) feet, whichever is less. No accessory structure in a non-residential zone shall be taller than twenty (20) feet. No accessory structure may exceed the height of the principal structure on the lot.

Coverage. In residential zones and for residential uses, no accessory structure or use shall have a ground area greater than thirty percent (30%) of the ground area of the principal structure to which it is accessory. In non-residential zones, no accessory structures or use shall have a ground area greater than 40% of the ground area of the principal structure to which it is accessory.

Quantity. No more than three (3) accessory structures shall be erected on any residential lot. For the purposes of this section only, a fence shall not be considered an accessory structure.

Storage sheds. Storage sheds shall be considered an accessory structure, and shall not exceed one hundred and fifty (150) square feet. The shed must be exclusively used by the occupants of the principal building to which the shed is accessory, and may only contain items customarily associated with residential use such as, but not limited to personal items, lawnmowers, tools and hardware.

Box containers. Box containers shall not be considered permitted accessory structures, and shall not be located on any lot in a residential or non-residential zone.

Assisted living facilities shall:

A. Provide individual apartment units with, at a minimum, one (1) =furnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance;

B. Obtain a Certificate of Need from the New Jersey Department of Health and Senior Services;

C. Contain a minimum lot area of two (2) acres;

D. Have a minimum front yard setback of fifty (50) feet, side yard of thirty (30) feet, and rear yard of fifty (50) feet;

E. Provide a buffer area of at least twenty (20) feet in width consisting of massed evergreen and deciduous plantings to an adjacent residential use;

F. Have a maximum building height not to exceed forty (40) feet or three (3) stories, whichever is less;

G. Have a maximum permitted building coverage not to exceed forty (40%) percent, and maximum permitted total lot coverage not to exceed fifty (50%) percent.

Automobile service stations shall be subject to the following requirements:

A. The size of any lot upon which any automobile service station is located shall be not less than fifteen thousand (15,000) square feet, and the street frontage of such lot on any street shall be not less than one hundred (100) feet.

B. Entrance and exit driveways shall have an unrestricted width of not less than sixteen (16) feet nor more than twenty-four (24) feet, shall be located at least ten (10) feet from any lot line, and shall be positioned to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, right of way or portion thereof.

C. The area of all driveways and other areas for vehicular use or access shall be paved with a bituminous or concrete surface sufficient to meet City paving specifications applicable to streets and roadways.

D. On any premises upon which an automobile service station is located, all motor vehicle service or repairs, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of an enclosed structure.

E. No structure used in conjunction with an automobile service station and any filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within ten (10) feet of any side or rear lot line. This ten (10) foot wide buffer area required hereunder shall be at all times kept free and unobstructed for the purposes of ready access by emergency fire and police vehicles. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be located within twenty (20) feet of any street line.

F. Storage facilities for gasoline, oil, or other flammable materials in bulk shall be located underground and no nearer than thirty-five (35) feet from any lot line other than a street line. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.

G. No part of any building or structure used in whole or in part as an automobile service station shall be located within one-hundred (100) feet of any boundary line of any residential zone.

Bed and breakfast guesthouses and homestays shall be permitted in residential historic zones, and shall conform to the following regulations:

A. Adequate on-site parking in accordance with this article.

B. No parking shall be permitted in the front yard.

C. Only guests of the facility and their invitees shall be served food and drink on the premises.

D. No cooking facilities shall be permitted in guest rooms or suites.

E. There shall be a maximum residency limitation on all guests of thirty (30) consecutive days.

F. The appearance of the building and all accessory structures must substantially emulate a residential use, and no appearance of a business use may be evident.

G. The owner of the premises must maintain primary residence in the on-site principal structure.

No lot in a residential zone district shall contain more than one (1) principal building or structure.

The following regulations shall be used to prepare and review buffering and screening for any site plan:

A. Residential uses and districts. Any residential use shall be suitably buffered and screened from all uses other than one and two-family dwellings in order to minimize the impacts of noise, glare, vibration, vehicular traffic, pedestrian activity and other potential nuisances. Unless otherwise provided in this chapter, the width of buffering and height of screening shall be provided based on the type of use that is being buffered as follows:

BUFFERING AND SCREENING REQUIREMENTS

B. Driveways and parking lots. All driveways and parking lots shall be suitably buffered and screened to minimize the impacts of noise, lighting and glare, exhaust fumes, views of parked vehicles and other nuisances. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way as follows:

1. Buffering shall consist of a minimum five (5) foot wide area surrounding all sides of a parking lot. Where such parking area is located on a tract adjacent to a residential use or district, such buffering shall consist of a minimum ten-foot-wide area surrounding all sides of a parking lot.

2. Screening shall consist of a minimum four (4) foot high visually impervious screen to be located within the buffering area. Where such parking area is located on a tract adjacent to a residential use or district, such screening shall consist of a minimum six-foot-high visually impervious screen. The height of any required screen shall decrease to a maximum of three (3) feet in height where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles and police visibility into the lot.

C. Loading areas. All loading areas, including loading dock areas of buildings and driveways providing access to the same, shall be suitably buffered and screened to minimize the impacts of noise, loading and unloading activities, lighting and glare, exhaust fumes, views of loading and unloading vehicles and other nuisances. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way, as follows:

1. Buffering shall consist of a minimum ten (10) foot wide area surrounding all sides of a loading area.

Where such loading area is located on a tract adjacent to a residential use or district, such buffering shall consist of a minimum twenty-five (25) foot wide area surrounding all sides of a parking lot.

2. Screening shall consist of a minimum ten (10) foot high visually impervious screen. If such screen consists of a wall or fence, the buffer area between the wall or fence and the lot line shall be a minimum of ten (10) feet in width and shall also be extensively planted with both deciduous and evergreen trees.

E. HVAC equipment and utility service boxes. All ground level HVAC equipment and utility service boxes shall be suitably buffered and screened to minimize views of the same from both within the site itself, as well as from adjacent and nearby properties and public rights-of-way, as follows.

1. Buffering shall consist of a minimum three (3) foot wide area surrounding all sides of HVAC equipment and utility storage boxes.

2. Screening shall consist of a minimum four (4) foot high evergreen hedge along all sides of the same.

Child care facilities shall be subject to the following regulations:

A. Pickup / drop off area; each facility shall provide an area for picking up and dropping off children as follows:

1. An on-site area with minimum dimensions of 10' x 25'; or

2. An area within the public right of way upon the consent of City Council.

3. Pick up / drop off areas are not permitted in front yards.

4. Pick up / drop off areas are to be screened from adjacent residences or zones.

B. Open space; each facility shall provide an outdoor recreational space as follows:

1. Open space areas are not permitted in required front yards.

2. Open space areas shall not be more proximate to an adjacent residential dwelling than 50'. 3. Open space areas shall be screened from adjacent properties by 6' closed fence and / or evergreen screening.

C. The provider must present the Zoning Officer with documentation of compliance with the State of New Jersey Division of Youth and Family Services requirements.

All community centers are to conform to the following regulations:

A. All interior areas designed for potentially noisy activities shall be sufficiently sound insulated or separated from adjacent residential structures so as to avoid any noise nuisance;

B. A minimum twenty-five (25) foot setback is required from all residential property lines. A minimum twenty-five (25) foot wide landscaped buffer area consisting of massed evergreen and deciduous plantings shall be provided between a property used by a community center and a residential property line. Existing vegetation may be considered as part of the required buffer area.

C. The site shall include or shall be in close proximity to open space that can be utilized for active recreation;

D. Any outdoor swimming pool shall be adequately fenced or otherwise enclosed and screened to avoid uncontrolled access and the creation of an attractive nuisance.

Conversions from residential use to office use in the Professional Office (PO) Zone and the Mixed Use (MU) Zone shall comply with the following provisions:

A. Adequate on-site parking must be provided to the rear of the existing structure. No parking may be permitted within a setback area.

B. No structure may be located any closer to a front lot line than the average front setback of the two adjacent structures.

C. No retail uses may be conducted from a converted building.

D. A mix of residential and office use is permitted provided that adequate on-site parking is available for both uses. No more than two (2) dwelling units may be located in a converted building in the PO Zone.

No signs, newspaper stands, steps or other structural encroachments shall be permitted into the public right of way without receipt of approval from the Plainfield City Council. There shall be no replacement or removal of existing grass areas between the sidewalk or curb in the public right of way changing same to concrete, asphalt or other ground surface without receipt of written approval by way of resolution from Plainfield City Council. The City Council shall request the opinion of the Planning Board prior to acting on a request to encroach into the public right of way.

Family day care homes are permitted home occupations. Childcare centers shall not be considered permitted home occupations. In order to provide for the safety of the children in the family day care homes, the following regulations must be followed:

A. Family day care is permitted in all residential zones.

B. The provider must be the resident of the premises, and must present the Zoning Officer with documentation of substantial compliance with all Division of Youth and Family Services requirements on an annual basis. The family day care home must be registered pursuant to the "Family Day Care Provider Registration Act," per N.J.S.A. 46:8D-1 et seq.

C. For any family day care home not located in a single family dwelling, side or rear yard which is utilized for recreation activity must be fenced in accordance with this ordinance. No recreation area may be located in a front yard area. Any associated equipment shall be restricted to the fenced yard.

D. The facility shall comply with all applicable BOCA, State of New Jersey and City building safety regulations.

Fences and walls shall be permitted in all districts, but shall be considered structures requiring an approved development permit prior to construction. Adequate surveys, plans and details are to be submitted to the Zoning Officer in accordance with Article I in order for a determination to be made as to the proposed fence zoning conformance. Fences and walls shall be subject to the following provisions:

A. Front yards:

1. In residential zone districts, fences shall be permitted to be located in front yards, provided such fences shall not exceed four (4) feet in height, as measured from ground level, and shall be constructed so that at least fifty percent (50%) thereof is non-solid and open. Fence types such as board-on-board and stockade shall be considered solid fences. Decorative and retaining walls are permitted to be located in front yards in residential zone districts, provided such they shall not exceed two and one half (2 1/2) feet in height, as measured from ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed five (5) feet in height.

2. In non-residential zone districts, fences and decorative walls may be erected in the front yard at or behind the front setback line extending to the rear and/or side lot lines, provided they do not exceed six (6) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.

3.Chain link fences shall be prohibited in front yards in all zone districts.

B. Side and Rear Yards:

1. In residential zones, both solid and non-solid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six (6) feet in height, as measured from the ground level. Decorative walls in residential zones are permitted to be located in side or rear yards, provided such shall not exceed four (4) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.

2. In non-residential zones, both decorative walls and solid or non-solid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six (6) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.

C. Finished Exterior Side. All fences or walls shall be constructed so that the finished side, with no fully exposed structurally supporting members, is located on the exterior facing outward away from the property upon which it is located.

D. Materials. No fence or wall shall be constructed or installed with barbed wire, metal spikes, or topped with concertina or razor wire, broken bottles or similar materials so as to be dangerous to humans or animals. In addition, chain link fences are specifically prohibited in front yard in all zones.

E. Drainage. Fences and decorative walls shall be constructed in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding, either on the property upon which such is located or on any adjacent lot. Those applying for a development permit to erect a fence or decorative wall may shall consult with the City Engineer to ensure compliance with this provision.

F. Obstruction. No fence shall be constructed within any sight triangle as defined in this article, or installed so as to constitute a hazard to traffic or public safety.

G. Retaining Walls. Any permitted wall proposed to be used as a retaining wall may be required to be reviewed by the City Engineer prior to the issuance of a development permit.

H. Exceptions. Fences or walls that constitute a permitted buffer area screen approved as part of a site plan application shall be excepted from the above height and location provisions. In addition, fencing required to enclose a tennis court or racquetball court shall be excepted from the above maximum height provisions. Said fence shall not exceed twelve (12) feet in height, as measured from ground level, and may not be located within a required setback area for accessory structures.