Houses of worship shall conform to the following regulations:
B. The minimum frontage shall be 200 feet.
C. The principal building shall be set back from any residential property line a minimum of one and one half (1 1/2) times the height of the main roof line, or fifty (50) feet, whichever is greater. The minimum principal building setbacks to non-residential property lines are as follows: forty (40) feet front and rear, thirty (30) feet side. The front yard setback of the relevant zone district shall apply.
D. Parking lots are not permitted in a front yard except for drop-off and pick-up lanes.
E. Structures used for residential purposes accessory to a place of worship shall comply with principal setback requirements for such uses in the respective zone. If the zone does not permit residential uses, the foregoing principal building setbacks shall apply. A residence accessory to a house of worship may only be used as a single-family dwelling.
F. Adequate on-site parking is to be provided in accordance with the schedule of parking requirements.
G. A house of worship may incorporate accessory uses within the principal structure, provided said uses are permitted in the district. No more than an aggregate of twenty-five percent (25%) of said structure may be devoted to such accessory uses, and adequate parking is to be provided for such accessory uses.
A. Corner lots and through lots.
Whenever a lot is bounded by more than one (1) street line, the following provisions shall apply:
1. All provisions of this ordinance with respect to setbacks and all other restrictions and regulations relating to street lines and front yards shall apply to each street line as a front yard. Every corner lot has two (2) front yards.
2. For the purposes of determining the rear yard on a corner lot, the interior lot line opposite the street line with the shortest frontage shall be considered to be the rear lot line and any remaining interior lot lines shall be considered side lot lines for the purposes of determining side yards.
3.Each lot shall have a rear yard. In an instance of a through lot and in an instance of a corner lot where the frontage is equal, the yard opposite the street address of the property shall be deemed the rear yard.
B. Minimum improvable lot area
1.The building envelope on a lot as defined by the minimum yard requirements for the location of a principal building, or, in the case of uses other than single- and two-family residential, the location of an off-street parking lot, or a loading area, shall enclose a contiguous improvable area, as defined herein, which is not less than the minimum improvable area as defined herein which is not less than the minimum improvable area required by Schedule B, "City of Plainfield Bulk Zoning Requirements."
2.The contiguous improvable area shall be of such dimensions that it shall be able to contain within it the shape of a circle whose minimum diameter is not less than as prescribed by Schedule B, "City of Plainfield Bulk Zoning Requirements" for the diameter of the minimum improvable area.
3.Any existing detached single-family dwelling which is a conforming use but which is on a lot made nonconforming by the provisions of this section, may be enlarged or expanded within its improvable area provided that such expansion conforms to all other zone district regulations.
The following provisions shall apply to valid non-conforming uses, structures and lots at the time of adoption of this ordinance:
A. A use, building or structure which is lawfully in existence on the effective date of this ordinance and becomes nonconforming at the passage of this ordinance or any applicable amendment thereto, or which was a legal nonconforming use under prior ordinances, may be continued as otherwise provided in this section.
B. No existing use, structure or premises devoted to a non-conforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, unless it is changed to a conforming use as follows:
1.Any non-conforming structure or use damaged to less than fifty per cent (50%) of its previous existing area or value by fire, natural calamity or other cause may be restored, reconstructed or used as before, provided the area of such use or structure shall not exceed the area which existed prior to such damage nor increase the intensity of use. All repairs shall be completed within one (1) year after damages occur, or within such time extensions granted by the Zoning Officer, which can only be granted upon good cause. Such use shall not be rebuilt except as a conforming use.
2.Normal maintenance and repair of a structure containing a non-conforming use is permitted, provided that it does not extend the area or volume of space occupied by the non-conforming use or structure and does not increase the intensity of use. Nothing in this section shall prevent the strengthening or restoring to a safe or lawful condition any part of any structure declared unsafe by the Construction Official.
3.A building containing residential non-conforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of bedrooms or dwelling units.
C. Non-conforming uses and structures are considered terminated and shall not be revived in any way except as a conforming use or structure in accordance with the following:
1. A non- conforming use or structure abandoned in accordance with this ordinance and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims or retains any interest in the subject matter of the abandonment shall be considered a termination thereof. Such implication shall be rebuttably presumed by non-use for any period of two or more years. Non-use by successive owners shall be considered continuous non-use.
2. The change of a non-conforming use or structure to a more or entirely conforming use for any period of time shall be considered an abandonment of the previous non-conforming use, and a reversion to the previous non-conforming use shall not be permitted.
3.A non-conforming structure or use which has fifty percent (50 %) or more of its non-conforming area or value destroyed by fire, natural calamity or other cause shall be considered an abandonment thereof.
D. A nonconforming structure may not be enlarged, extended, increased in height, width or depth, moved or relocated, modified in such a way so as to increase habitable or useable space, number of dwelling units or number of bedrooms; unless such structure is changed to a structure conforming to the requirements of this Chapter except that an existing one or two family structure may be enlarged, extended or added to provided:
1. The enlargement, extension or addition conforms to all zone requirements; or
2. The portion of the enlargement, extension or addition which does not conform to zone requirements consist entirely of the enclosure of existing rear porches; or
3.The portion of the enlargement, extension or addition which does not conform to zone requirements is located entirely to the rear of the existing nonconforming structure, has a side yard setback not less than the existing nonconforming structure and conforms to all other bulk requirements.
Outdoor display of retail merchandise shall be permitted, subject to the following regulations:
A. Daily outdoor retail sales. Retail stores and service establishments conducting outdoor retail sales and services shall conform to the following provisions:
1. The display of merchandise shall be restricted to products sold by an established permitted use located on the premises.
2. The display of merchandise shall be restricted to the regular hours of the business' operation and shall be removed at the close of business each day, with the area swept clean each day.
3.The length of the merchandise display shall not exceed more than one-half (1/2) of the width of the street frontage occupied by the business. No portion of the display shall project more than three (3) feet from the building facade and should not encroach into the public right of way unless approved by the City Council.
4. The retail merchandise shall not be displayed in cardboard boxes, but rather shall be placed either on the sidewalk itself or upon a display table or rack as appropriate to the nature of the merchandise.
5. The merchandise may contain additional signage indicating the product(s) displayed and its price. Each additional sign shall not be larger than one square foot, and the total additional signage associated with the outdoor display shall consist of no more than three (3) square feet for each business.
6. The display shall be maintained in a neat and orderly manner at all times and will be removed when the merchandise is removed.
B. Seasonal outdoor retail sales. Temporary outdoor storage and sales of flowers, trees, and other decorative or ornamental plants is permitted from November 24 to December 27, and for a period of one (1) week prior to Easter and one (1) week prior to Mother's Day and shall conform to the following provisions:
1. Such storage and sales may not take place in any required setback area.
2. No storage or sales may be conducted in a congested area, required sight triangle, or within the public right of way, where the free flow of pedestrian or vehicular traffic may be impeded or impaired. The reasonable judgment of any city police officer or the Zoning or Construction Official shall be conclusive as to whether the area is congested or whether the flow of traffic is impeded or inconvenienced.
3. No storage or sales area may interfere with an existing required parking lot or loading or access areas. If such storage or sales use is conducted from a parking lot or area, sufficient parking must be demonstrated for both the existing and proposed uses. If a site contains only the minimum number of parking spaces for the existing on-site use, seasonal storage and sales is not permitted.
4. Any use of any premises pursuant to this section must be an accessory use to the principal permitted use of the premises.
5. All stands, plants, and storage structures are to be removed within three (3) days of the date of the event.
C. Fees. All persons wanting to conduct any outdoor sales are required to obtain a permit from the Zoning Officer and must pay the fee required in this ordinance. All persons wanting to conduct outdoor seasonal retail sales as outlined in paragraph (B) above shall also post a one-hundred dollar ($100.00) bond with the City Clerk in order to insure that an adequate and timely cleanup is conducted.
It is the intent of this section to permit outdoor dining areas accessory to restaurant uses subject to site plan approval by the appropriate approving authority.
A. The area utilized for outdoor dining must be accessory in nature to a fully enclosed eating establishment.
B. Applicants proposing to establish Outdoor Dining Areas shall submit to the approving authority a layout of the proposed seating areas, which shall include, but not be limited to a depiction of the maximum size of the area, the maximum number and general layout of seats and tables, all aisles and routes of ingress and egress, clearances between tables and chairs, the location of all food preparation and serving areas, an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings and signage and any other site detail the authority deems necessary in order to reach a decision for site plan approval. Tables and chairs shall be placed and maintained in an orderly fashion and shall not create a hazard. No picnic style tables are permitted.
C. No more than 10-25% of total on-site restaurant seating shall be provided outdoors. The actual maximum number of outdoor seats shall be decided by the approving authority during the site plan review process. This number shall be based on the total number of seats, the size of the property, the amount of onsite/available parking, the size of the outdoor area, the recommendations of the City Health Department, and any other health and safety issues the authority deems appropriate.
D. The seating contained in an outdoor dining area shall not be counted in determining any parking space requirement for a retail food establishment. Additional parking may be required if seating in excess of the maximum above (C) is permitted.
E. The outdoor dining area must be directly accessible to the interior eating area. Areas that must be accessed via property not controlled by the applicant or property owner are not considered directly accessible.
F. All outdoor dining areas shall provide adequate aisle area for the unimpeded passage of handicapped individuals.
G. A six foot (6') fence and a minimum five foot (5') width evergreen buffer shall be provided if the outdoor dining area is adjacent to a residential zone or property.
H. All service areas shall be inside the enclosed restaurant area. No food or dining shall be prepared in the outdoor dining area. Food and drink served in outdoor dining areas shall be the same as that served in the restaurant.
I. All outdoor dining areas shall allow at least six feet (6') of unobstructed access to building entrances and exits.
J. No outdoor dining area shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
K. All outdoor dining areas shall utilize decorative brick pavers throughout the surface area of the designated seating area.
L. The applicant shall submit a litter control plan which shall include, but not be limited to, a depiction of the number and location of trash receptacles and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. The applicant is responsible for keeping the area and the adjacent public and private areas free and clear of any debris or litter. Areas must be cleaned as needed and at the time the business is closed for the evening. Failure to abide by an established litter control plan shall constitute a violation of any site plan approval, and shall subject the applicant to a fine in an amount not less than $100.00 per violation.
M. The hours of the outdoor dining area shall be the same as the hours of the retail food establishment.
N. The applicant shall not direct or permit to be directed to or from the outdoor dining area any bell, siren, whistle, loudspeaker public address system, radio or similar device.
O. Nothing herein shall be construed to authorize outdoor dining areas for uses prohibited by the landowner or by this ordinance or other rule or regulation. Nothing herein shall be construed to vary, alter, or amend any rule or regulation relating to the sale and consumption of alcoholic beverages. Alcoholic beverages may be served in outdoor dining areas operated by restaurants having a valid Alcoholic Beverage Control retail consumption license, but only in the licensed area and in accordance with the terms of the license.
P. Permits for outdoor cafes shall be valid for one year from the date of issuance of the permit. Applicants receiving site plan approval for an outdoor dining area shall obtain a permit each year they wish to continue the area from the City Health Department provided that the operations have not changed and the applicant is in compliance with Health Department standards.
It is the intent of this section to permit sidewalk cafe areas accessory to restaurant uses subject to site plan approval by the appropriate approving authority.
A. The area utilized for sidewalk caf areas must be accessory in nature to a fully enclosed eating establishment.
B. Applicants proposing to establish Sidewalk Cafe Areas shall submit to the approving authority a layout of the proposed seating areas, which shall include, but not be limited to a depiction of the maximum size of the area, the maximum number and general layout of seats and tables, all aisles and routes of ingress and egress, clearances between tables and chairs and between the seating area and the street curb, the location of all food preparation and serving areas, an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings and signage and any other site detail the authority deems necessary in order to reach a decision for site plan approval. Tables and chairs shall be placed and maintained in an orderly fashion and shall not create a hazard. No picnic style tables are permitted.
C. No more than 10-25% of total on-site restaurant seating shall be provided outdoors. The actual maximum number of outdoor seats shall be decided by the approving authority during the site plan review process. This number shall be based on the total number of seats, the size of the property, the amount of onsite/available parking, the size of the outdoor area, the recommendations of the City Health Department, and any other health and safety issues the authority deems appropriate.
D. The seating contained in a sidewalk cafe area shall not be counted in determining any parking space requirement for a retail food establishment. Additional parking may be required if seating in excess of the above (C) maximum is permitted.
E. The sidewalk cafe area must be directly accessible to the interior eating area. Areas that must be accessed via property not controlled by the applicant or property owner are not considered directly accessible.
F. The sidewalk cafe area may only be located in front of the building in which the restaurant operates.
G. The sidewalk cafe shall not interfere with pedestrian traffic. All sidewalk caf areas must allow a minimum of five feet (5') between tables and chairs and the curb in order to allow unobstructed public passage including adequate aisle area for the unimpeded passage of handicapped individuals through the area.
H. All service areas shall be inside the enclosed restaurant area. No food or dining shall be prepared in the sidewalk caf area. Food and drink served in sidewalk cafe areas shall be the same as that served in the restaurant.
I. All sidewalk cafe areas shall allow at least five feet (5') of unobstructed access to building entrances and exits.
J. No sidewalk cafe area shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
K. The applicant shall submit a litter control plan which shall include, but not be limited to, a depiction of the number and location of trash receptacles and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. The applicant is responsible for keeping the area and the adjacent public and private areas free and clear of any debris or litter. Areas must be cleaned as needed and at the time the business is closed for the evening. Failure to abide by an established litter control plan shall constitute a violation of any site plan approval, and shall subject the applicant to a fine in an amount not less than $100.00 per violation.
L. The hours of the sidewalk caf area shall be the same as the hours of the retail food establishment.
M. No tables, chairs, or other equipment shall be attached, chained, or in any manner affixed to any tree, post, sign, curb or sidewalk or City property.
N. All Tables and chairs shall be removed when the establishment is closed.
O. The applicant shall not direct or permit to be directed to or from the outdoor dining area any bell, siren, whistle, loudspeaker public address system, radio or similar device.
P. Nothing herein shall be construed to authorize sidewalk caf areas for uses prohibited by the landowner or by this ordinance or other rule or regulation.
Q. Nothing herein shall be construed to vary, alter, or amend any rule or regulation relating to the sale and consumption of alcoholic beverages. Alcoholic beverages may be served in sidewalk caf areas operated by restaurants having a valid Alcoholic Beverage Control retail consumption license, but only in the licensed area and in accordance with the terms of the license.
R. Permits for sidewalk cafes shall be valid for one year from the date of issuance of the permit. Applicants receiving site plan approval for a sidewalk cafe area shall obtain a permit each year they wish to continue the area from the City Health Department provided that the operations have not changed and the applicant is in compliance with Health Department standards.
S. Insurance No permit required by this ordinance for a sidewalk caf area shall be issued until the applicant shall have first filed with the approving authority a comprehensive general liability policy issued to the applicant by a public liability insurance company authorized to do business in the State of New Jersey in the amounts specified. Such insurance shall name the City of Plainfield as additional insured with respect to the operation and maintenance of the sidewalk caf area in the amounts specified by Corporation Counsel. The insurance coverage required by this section shall at all times be maintained for the full amount, and shall contain a clause obligating the company issuing same to give not less than thirty days written notice to the City Clerk before cancellation or amendments of any of the terms thereof. The cancellation of any such policy shall have the immediate affect of suspending the permit to operate the sidewalk caf until a new policy complying with the provisions of this section is filed with the approving authority and a new permit is issued by the Health Department.
T. Indemnification - No permit shall be issued until a statement is filed with the approving authority agreeing to indemnify and hold harmless the City of Plainfield from any and all claims, damages, judgment costs or expenses including attorney fees, be incurred or required to pay because of any personal injury, damages suffered by any person or persons as a result of or related in any operation and maintenance of the sidewalk caf for which the permit is issued.
U. Revocation or Suspension of Permit - Any permit issued hereunder is issued a revocable permit, and is subject to revocation or suspension by the Zoning Officer or Health Department for failure to comply with this ordinance or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. It shall be unlawful for any person to operate a sidewalk caf after the suspension or termination of the applicable permit.
The purpose of this section is to limit outdoor storage in all zones so such storage will not detract from a neighborhood's or the City's appearance or property values. Outdoor storage as described in this ordinance is regulated as follows:
A. All outdoor storage is subject to the requirements of the City Property Maintenance Code in addition to this ordinance.
B. Outdoor storage in residential zones is subject to the following:
1. Outdoor storage of any kind or nature except that which is customarily used in conjunction with, and accessory to residential occupancy, is prohibited in all residential zones. Outdoor storage is not permitted in required front yard setbacks. Storage for commercial uses is not permitted in residential zones.
2. Parking a motor vehicle other than private passenger or recreational vehicle in the same space or on the same lot for a continuous period of time equal to or greater than twenty four (24) hours shall be construed as storage, and is no longer considered parking.
3. Tractor-trailers, their cabs, and full-length school buses are prohibited from being parked or stored in residential zones. Van-type buses and commercial vehicles may be parked, but not stored, in residential zones.
4. No motor home, camping trailer, boat or recreational vehicle, shall be stored in residential zones unless it is stored in a side or rear yard or in a garage. One (1) such unregistered motor vehicle or inoperable vehicle may be located on a residential property in a garage.
5. All outdoor storage, except firewood storage on single and two family residential lots, is to be screened by fencing and/or landscape material that will reach a height sufficient to screen all such storage from adjacent residences and public right of ways. No outdoor storage, other than vehicular, shall be higher than six (6) feet.
6. The amount of outdoor storage that can be located on any lot in any residential zone is to occupy no greater land area than fifty (50) square feet.
C. Outdoor storage in non-residential zones is subject to the following:
1. All outdoor storage must be customary and incidental to the principal use of the property. No storage can be accessory to a use on another lot, and outdoor storage cannot be the principal use on the property.
2. Outdoor storage shall only be permitted in the side and rear yards. All outdoor storage is to be screened by fencing of at least six (6) feet in height, and/or landscape material that will reach and be maintained at a height sufficient to screen such storage from the ground level of adjacent properties and public right of ways. No storage, other than vehicular as outlined below, is to be higher than six (6) feet.
3. Tractor trailers, buses, automobiles, and other vehicles parked on a premises overnight shall be construed as outdoor storage, and not parking, and shall conform to the provisions of this ordinance. Only such vehicles that are licensed, registered, and road worthy and are stored in rows in accordance with the above paragraph shall be considered permitted outdoor storage. No trailers, containers or the like shall be utilized for storage purposes.
4. Outdoor storage of hazardous, toxic or explosive materials is prohibited unless required to be located outside by applicable state and local fire and/or building regulations and are located in accordance with those regulations. The City of Plainfield Health, Fire and Police Departments are to be advised in writing of any such storage. All such storage is to be in accordance with local, state, and federal regulations and performance standards.
