The regulations hereinafter set forth in this Article shall be deemed to restrict, qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Title. (R.O. 1966 C.S. § 27:4-1)
a. The area required in a court or yard at any given level shall be open from such level to the sky unobstructed, except for the ordinary projections or skylights and parapets above the bottom of such court or yard, and except for the ordinary projections of window sills and belt courses to the extent of not more than four (4) inches. Cornices and other ornamental features may extend into such court or yard to the extent of not more than twelve (12) inches.
b. An open or lattice enclosed iron fire-escape, fireproof outside stairway, or solid-floored balcony to a fire tower may project not more than four (4) feet into a rear yard or an inner court, except that an open or lattice-enclosed iron fire-escape may project not more than eight (8) feet into a rear yard or into an inner court, when it does not occupy more than twenty (20%) percent of the area of such inner court.
c. A comer of a court or yard may be cut off between walls of the same building, provided that the length of the wall of such cut-off does not exceed seven (7) feet.
d. Windows opening on an offset to a court or yard shall be deemed to comply with the provisions of this Title provided such offset is no deeper in any part than it is wide on the open side. The open side of such offset shall in no case be less than six (6) feet. The area contained in such offset shall, in no case, be included in computing the required area of a court or yard.
e. A one-story open porch may project into a required front yard for a distance not greater than eight (8) feet.
f. No rear yard shall be required on corner lots occupied solely by business or industrial buildings in business or industrial districts.
g. In residence districts, accessory buildings may occupy forty (40%) percent of the required area of a rear yard up to a height of eighteen (18) feet above the curb level.
h. Chimneys or flues may be erected within a side or rear yard, provided they do not project more than two (2) feet and they shall not obstruct ventilation.
i. In computing the depth of a rear yard when the rear yard opens onto a public alley, one-half (1/2) of the width of the alley may be considered to be a portion of the rear yard.
j. The use of razor wire, barbed wire or sharp projections on fences is prohibited in all residential districts, business districts and buildings partially or wholly devoted to residential uses in all other districts. Such wire and/or fences may be used in the following circumstances:
1. In parking areas in any district fronting on a major thoroughfare as determined by the Director of the Department of Economic and Housing Development and
2. Any district where a construction project is proceeding provided such fencing or wire may only be installed for a period not to exceed eight (8) months.
k. Protective Barriers. Except as otherwise provided in this Article, fences, walls, other than retaining walls, or other screening structures above grade, may be permitted anywhere on the lot with the following height restriction:
1. Fences and walls on the property line shall not exceed six (6) feet except that:
(a) Walls on the property line between any residential and nonresidential districts shall not exceed ten (10) feet.
2. Fences, walls within any required front yard set back shall not exceed four (4) feet.
l. In every district, the construction of fire escapes on single family dwellings shall be prohibited at any street exposure. (R.O. 1966 C.S. § 27:4-2; Ord. 6 S+FM, 1-03-90 § 1; Ord. 6 S+FA, 11-16-92; Ord. 6 S+FB, 10-20-93)
a. In Business and Industrial Districts, a dormer, elevator, bulkhead or other structure may be erected above the height limit at any level for any part of a building, provided its frontage width on any given street be no greater than fifty (50%) percent of the width of such street frontage of such part of the building. Such frontage length of such structure at any given level shall be decreased by an amount equal to one (1%) percent of such street frontage of such part of the building for every foot such level is above such height limit. If there are more than one such structure, their aggregate frontage shall not exceed the frontage width above permitted at any given level.
b. An open or lattice enclosed iron fire-escape, fireproof outside stairway, or solid-floored balcony to a fire tower may project not more than four (4) feet into a rear yard or an inner court, except that an open or lattice-enclosed iron fire-escape may project not more than eight (8) feet into a rear yard or into an inner court, when it does not occupy more than twenty (20%) percent of the area of such inner court.
c. Nothing in this Title shall prevent the projection of a cornice beyond the street wall to an extent of not more than three (3) feet, nor prevent the erection above the height limit of a parapet wall or cornice extending above such height limit not more than five (5) feet.
d. In Fourth Business and Second and Third Industrial Districts, if the area of a building is reduced so that above a given level it covers in the aggregate, not more than twenty-five (25%) percent of the area of the lot, the building above such level shall be exempted from the height regulations. Such portion of the building may be erected to any height provided that it sets back from each of its lot lines at every level at least one (1) inch for each one (1) foot that such level is above the curb level.
e. Along a narrower street near its intersection with a wider street, any building or part thereof fronting on the narrower street within two hundred (200) feet, measured at right angles to the side of the wider street, shall be governed by the height regulations provided for the wider street. A corner building on such intersecting streets shall be governed by the height regulations provided for the wider street for two hundred (200) feet from the side of such wider street, measured along such narrower street.
(R.O. 1966 C.S. § 27:4-3)
a. For the purposes of this section, rooftop mechanical structures shall include, but not be limited to, the following: elevator penthouses and roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment, dust collectors, solar panels, or similar equipment required to operate and maintain the building.
b. Rooftop mechanical structures as well as fire or parapet walls, skylights, spires, cupolas, flagpoles, chimneys, or similar structures may be erected up to the greater of twelve (12) feet or twenty (20%) percent of building height, except church spires shall have no height restrictions.
c. Rooftop mechanical structures shall be set back from the edge of the roof at least one (1) foot for each one (1) foot by which rooftop mechanical structures project above the roofline. No setback shall be required if the parapet wall is at least as tall as the rooftop mechanical structure.
d. A maximum of one (1) digital television dish antenna per dwelling unit or nonresidential unit shall be permitted on the rooftop. Each digital television dish antenna shall have a diameter of less than three and one-half (3.5) feet. No such dish antenna shall be permitted to be mounted on any street-facing wall.
e. Screening for Rooftop Mechanical Structures or Mechanical Structures.
1. Architectural screening of any rooftop mechanical structures or mechanical structures outside of any building shall be installed so as to screen the mechanical equipment from view from all sides from which it may be visible. "Architectural screening" for the purposes of this section, shall be deemed to mean the use of relatively maintenance-free, durable, nonflammable materials so as to screen and prevent the direct view of the mechanical equipment as defined by Section 40:4-4 subsection a. of this Chapter.
2. All screening devices shall be of a height equal to the rooftop mechanical equipment and the material, finish and design shall be architecturally compatible with the exterior facade of the principal structure on top of which it is situated.
3. No additional screening shall be required where the parapet wall is at least as tall as the rooftop mechanical structure. (Ord. 6 PSF-A(S), 7-14-09 Exh. A)
a. Any lawful nonconforming use or structure existing on July 1, 1954, the effective date of the zoning ordinance passed on June 9, 1954, or at the time of the effective date of any amendment or supplement thereto making it a nonconforming use or structure, may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof, in accordance with this Title, except that any lawful nonconforming use subject to condition or conditions or limitation as to term of duration, shall continue subject to any condition or conditions, and only for and to the end of the term or duration for which such nonconforming use was granted.
b. No existing building or premises devoted to a nonconforming use as permitted by this Title, shall be enlarged, extended, reconstructed or structurally altered.
c. No nonconforming use which shall have been discontinued for a period exceeding twelve (12) months shall be resumed, nor shall it be replaced by any other nonconforming use.
d. In the event of a partial destruction of a structure devoted to a nonconforming use, the owner shall, within ninety (90) days after such event, give notice in writing to the Building Construction Official of his/her intention to restore or repair the structure, and within ninety (90) days after date of notice, commence and diligently proceed to the completion of the work.
e. In the construction of any definition in this Title, in its application to a nonconforming use, the definition shall be deemed a clarification of the applicable definition heretofore contained in any pre-existing ordinance.
(R.O. 1966 C.S. § 27:4-4; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
Except as otherwise provided in this Title:
a. No building, structure or land shall be used for, nor shall any building or structure be erected, converted, enlarged, reconstructed, or structurally altered for any use which does not comply with all district regulations established by this Title for the district in which the building, structure, or land is located.
b. Where a district boundary line divides a lot in a single ownership at the time of the passage of this ordinance (1-17-79), the regulations for either portion of such lot may extend to the entire lot, but not more than filly (50) feet beyond the boundary line of the district for which such regulations are established.
c. The yard regulations and the lot area per family provisions, required by this Title shall be considered minimum regulations for each and every building or structure existing on February 1, 1979, the effective date of the zoning ordinance and for any building or structure thereafter erected or structurally altered. No land required for yards, or lot area per family provisions for any building or structure hereafter erected or structurally altered, shall be considered as a yard or for a lot area for any other building or structure.
d. Extraneous Living Spaces. Any indoor living space that could be converted to an additional dwelling unit shall be considered as an additional dwelling unit for all zoning, building, or land development regulation purposes. Such an indoor space shall be defined as having two hundred filly (250) or more square feet and having direct access to the structure's common stairwell, hallway, or the lot. Such spaces are typically labeled as recreation rooms, storage rooms, home offices, dens, or a combination of such rooms. If, however, this space contains the dwelling unit's only entranceway, or consists of a dwelling unit's only living room, dining room, or kitchen, it shall not be considered an additional dwelling unit. If this space consists of commercial or live/work area required because it fronts on a commercial row or is proposed as permitted commercial space, it shall not be considered an additional dwelling unit.
(R.O. 1966 C.S. § 27:4-5; Ord. 6 S+FN, 8-4-99 § 1; Ord. 6 S+FA, 6-4-08 § 1; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
Accessory buildings in Residence Districts shall conform to the following regulations as to their location upon the lot:
a. No accessory building shall be erected or altered in any interior lot fronting upon only one (1) street so as to encroach upon that half of the lot depth nearest the street.
b. No accessory building shall be erected or altered on an interior lot fronting upon two (2) streets so as to encroach upon that fourth of the lot depth nearest either street.
c. On corner lots, no accessory buildings shall be located within three (3) feet of its rear lot line or side lot line when such line forms part of the front half of the side line of an adjacent interior lot, or nearer any street line than the setback line to be observed by adjacent buildings, and in no case, less than four (4) feet from the street line.
d. Notwithstanding any requirements in this section, the foregoing regulations shall not prohibit any accessory building fifty (50) feet or more from any street line. A private garage may be attached to an existing building provided the front of the garage does not extend beyond the front of the main building, and the garage shall conform to the architectural design and construction of the main building.
e. Architectural screening of any mechanical structures or mechanical structures outside of any building shall be installed so as to screen the mechanical equipment from view from all sides from which it may be visible. "Architectural screening" for the purposes of this section, shall be deemed to mean the use of relatively maintenance- free, durable, nonflammable materials so as to screen and prevent the direct view of the mechanical equipment as defined by Section 40:4-4 subsection a. of this chapter.
f. All screening devices shall be of a height equal to the mechanical equipment and the material, finish and design shall be architecturally compatible with the exterior facade of the principal structure on top of which it is situated.
(R.O. 1966 C.S. § 27:4-6; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
a. The following are conditional use regulations relating to arcades; boarding houses; commercial antennas; billboards; drive-in restaurants/fast food restaurants; automobile sales; automobile body repair; automobile service; car wash; day spa/massage facility; pest control establishment veterinarian; kennel; animal boarding; animal shelter; gasoline filling stations; facilities for the sheltering and/or treatment of outpatients with communicable diseases not located in an established hospital; narcotic, alcohol and drug abuse treatment facilities not located in an established hospital; public dance halls; public garages; rooming houses; tents for business purposes; and used car sales lots and they shall be governed as provided in Section 40:4-8. Since the foregoing uses may be inimical to the public safety and general welfare if located without due consideration of conditions and surroundings, no permit therefor shall be issued unless an application is first made to the Central Planning Board, which is directed to hear the same in the same manner and under the same procedures as set forth in Section 54 of the Municipal Land Use Law (C.40:55D-67). No application for a conditional use shall be granted by the Central Planning Board if in its judgment such use will be detrimental to the health, safety and general welfare of the community.
b. In no district shall a public garage or commercial garage, automobile sales, auto-mobile body repair, automobile service, car wash, be erected, enlarged or established within two hundred (200) feet of the below enumerated uses or within a block upon which is situated:
A public school;
A duly organized school giving regular instruction at least five (5) days a week for eight (8) or more months a year,
A hospital;
A church;
An orphanage;
A theater or opera house or other building used for theatrical or operatic purposes or for public entertainment;
A public library; or
A public art museum.
1. Adequate vehicle storage and queuing areas shall be provided on site. For car wash, a queuing area capable of holding at least eight (8) cars shall be required leading to the entrance to the wash areas. For automobile sales, body repair, or service, an area is required on site for all vehicle maneuvering and repositioning of inventory. In addition, customer parking at a rate of one (1) customer space per four (4) cars in inventory to sell is required. For automobile body repair, spray booths are not permitted at any facility located within one thousand (1,000) feet of a property used for residential use.
2. Driveways are limited to one (1) driveway per street frontage per seventy-five (75) linear feet of street frontage and the maximum width of each driveway is twenty (20) feet.
3. Service, including sales and washing, for commercial vehicles is only permitted in industrial districts.
4. No cars shall stand or be parked in the public right-of-way.
c. Gasoline Filling Stations:
1. No gasoline filling station shall be built on a corner lot having a width of less than sixty (60) feet and an area of less than five thousand (5,000) square feet or on an interior lot having a width of less than one hundred (100) feet and an area of less than seven thousand five hundred (7,500) square feet.
2. Pump islands shall not be less than fifteen (15) feet from any street line.
3. All pits, racks or Hs shall be indoors and shall not be less than twenty-five (25) feet from any street line.
4. Driveways shall cross the sidewalk at right angles and shall not be more than eighteen (18) feet wide at any point thereof Driveways must be at least ten (10) feet from any side lot line or from the intersection of street lines. There shall be no more than one (1) driveway on any one (1) street frontage unless the street frontage is in excess of seventy (70) feet, in which case there may be a maximum of two (2) driveways on such street frontage provided such driveways are ten (10) feet apart.
5. A raised concrete curb at least eight (8) inches in height and six (6) inches wide at the top shall be constructed and maintained in a good and safe condition along all street property lines, except at driveways.
6. The entire area of the station traversed by motor vehicles shall be hard surfaced.
d. Drive-In Restaurants/Fast Food Restaurants:
1. Drive-in and fast food restaurants are permitted as a conditional use within the Third Business District and industrial districts.
2. No permit shall be issued for the operation of a drive-in or fast food restaurant except upon approval by the Central Planning Board of an application for conditional use.
3. The following specifications and standards are set forth to guide the Central Planning Board in reaching a decision to grant or deny an application:
(a) No drive-in or fast food restaurant shall be erected, enlarged or established within one thousand (1,000) feet of:
A public school;
A duly organized school giving regular instruction at least five (5) days a week for eight (8) or more months a year,
A hospital;
A nursing home;
A church;
An orphan asylum;
A public library;
(b) Off-street parking and traffic circulation. One (1) parking space for each one hundred (100) square feet of gross floor area of the building plus one (1) space for every two (2) employees on duty shall be provided. Access to and egress from the site shall be arranged for the free and safe flow of vehicles at all times, so as to prevent the blocking or endangering of vehicular or pedestrian traffic. All plans shall be referred to the City Traffic Engineer for approval as to ingress, egress and traffic circulation within the site.
(c) Screening and landscaping. Suitable, attractive year round landscaping shall be provided. Evergreen shrubs shall be provided along property lines where the site abuts residential uses.
(d) Litter control. A sufficient number of fully enclosed stationary containers for disposal shall be provided both within and outside the restaurant. The site shall be kept clean and free from litter.
(e) Additional conditions. No public telephone shall be permitted on the site outside of a drive-in restaurant.
4. The Central Planning Board may modify any standards set forth herein where particular circumstances so warrant.
e. Commercial Antennas. Commercial antennas shall be prohibited in all districts except as hereinafter set forth:
1. General Standards.
(a) All commercial antenna installations shall comply with the conditional use requirements contained in Section 40:4-8.e. in its entirety. Commercial antennas are prohibited in the First, Second, or Third Residence District and in the First Business District. Additionally, no permit shall be issued for the erection or installation of a commercial antenna except upon site plan approval.
(b) Commercial antennas shall be conditional uses in the Fourth Residence District, Second or Third Business District, and the First, Second, or Third Industrial District and shall comply with all requirements contained in section 40:4-8.e. in its entirety. Antennas proposed to be mounted on an existing building or structure in the Second or Third Industrial District or the Third or Fourth Business Districts, however, shall be a permitted, but not conditional, use only if the project fully complies with the requirements of section 40:4-8.e,.1(f) below.
(c) The antenna project design is required to be structurally sound. The antenna project is to be certified to not create any hazard to the general public and any inhabitants or occupants of the site in question or any sites in the vicinity thereof
(d) The antenna project including mountings, wiring, and equipment placed on structures other than buildings shall be camouflaged in a manner deemed appropriate by the reviewing board. This includes mountings on billboards or other existing non-building structures.
(e) Any antenna installation on a structure that is or was constructed exclusively for the mounting of antennas, such as a tower, shall meet the following requirements for the antennas and the structure, and the installation is only permitted in the Second or Third Industrial District by conditional use:
(1) The structure shall not exceed a height of one hundred (100) feet unless it can be demonstrated by the applicant, to the satisfaction of the Central Planning Board that a higher height is necessary for the proposed installation of the antenna(s) to satisfactorily operate and is necessary for the co-location of at least three (3) other carriers on the tower.
(2) The structure and site shall only be permitted in the Second or Third Industrial Districts, and they must be at least five hundred (500) feet from any First, Second, Third, or Fourth Residential District; First, Second, Third, or Fourth Business District; or a First Industrial District boundary; a school; a Historic District; a public park; or a house of worship. Such structure must also be out of view from any Historic District.
(3) All electronic equipment for such antennas shall be kept inside a structure on the same site as the antenna structure. This housing structure shall be less than fifteen (15) feet tall; have walls of wood siding, brick, or any other material accepted by the Central Planning Board as a typical construction material appropriate for the section of Newark in which it is proposed.
(4) The site must be landscaped with densely planted, mature evergreens that are a minimum of fifteen (15) feet tall to screen all structures including equipment storage buildings and tower bases, to the greatest extent possible, from public view and fenced by means of a concealing fence constructed of a long-lasting material acceptable to the Central Planning Board, such as PVC pickets, brick wall, or board and batten panels; and the equipment housing structure shall have less than three hundred sixty (360) square feet of floor area per telecommunications operator. Chain link fencing of any form even with privacy slats shall not ever be used.
(5) Structures for elevating antennas above ground level, as well as the antenna units, wiring, mounting devices, and accompanying hardware shall be designed to blend with the surrounding area's architecture, environment, and landscaping through the use of structure coloring and camouflaging to disguise the antenna for the public's aesthetic benefit. The Central Planning Board shall determine whether appropriate attempts have been made to blend the structure and its features with the surrounding areas. Appropriate camouflage could include designing the tower to resemble a tree, church steeple, or other like structure.
(6) The structure shall not have any lighting or signage other than safety warnings and lighting that would be required by the FAA. In such case, strobe lighting shall never be used unless specifically required by the FAA.
(7) The applicant shall be responsible for all maintenance of its antennas additional hardware, accompanying landscaping, camouflage, paint, cables, cable trays, conduits, and mounting hardware.
(f) Any antennas proposed to be mounted on an existing building or structure not initially constructed for the mounting of antennas shall meet the following requirements:
(1) Antennas may only be mounted on a building that is taller than fifty-five (55) feet, and they may only be mounted on the part of the building that is higher than forty-five (45) feet above grade. In the event that there is no building of that height within the applicant's needed coverage area, the applicant must present evidence of such to the Central Planning Board in order to gain approval to use a lower-height building.
(2) No antenna shall be mounted higher than the building parapet, stair or elevator shaft/penthouse, chimney, smokestack or other part of the structure upon which it is being mounted. The only exception to this shall apply when the applicant can provide evidence to the Central Planning Board that appropriate broadcasting and reception service is not possible without a higher mounting configuration such as a mounting on poles or posts. In such cases, the antenna units must be set back at least eight (8) feet from the exterior edge of the part of the building upon which they are being mounted; the antennas and poles must be mounted on a flat surface; and the mountings cannot be more than twelve (12) feet tall measured from the edge of the surface upon which they are being mounted.
(3) Wall mounted antennas cannot project horizontally beyond the wall upon which they are being mounted by more than one and one-half (1.5) feet and they cannot project beyond the site's property line.
(4) All antenna units and accompanying infrastructure must be painted to match any vertical surface upon which they are being mounted. Pole mounted units shall be painted light blue. A color sample (six (6) copies) shall be provided as part of the application. The exact color must be approved by the Central Planning Board. The applicant must maintain the painting and pigmentation for the duration of the antenna's existence, and the antenna units must be removed if the appearance of the units is not properly maintained.
(5) Antennas must be spaced and positioned on the building in such a way as not to interfere with that wall's architectural design or its decorative features. Antennas must be mounted in such a way that they are evenly spaced along the building's wall and they are evenly spaced from corners or other building features such as windows, brackets or decorative panels. The Central Planning Board must determine that the antennas are being spaced in a pattern that does not disrupt any repetitive patterns of any wall or parapet's decorative bracketing, paneling, or window placement. All applicants must submit detailed facade drawings and photographs of all building views being affected by the antenna installation.
(6) All wiring and/or cable fray devices must be positioned in such a way as not to be visible to the public unless determined by the Central Planning Board that there is no possible position the wire fray to not be visible to the public. The applicant may use external wiring only if it can provide evidence to the Central Planning Board that wiring through the building is not possible for structural reasons. If external wiring is to be used, it can only be mounted on outside walls that are not visible from any public street, park, or plaza. Such wiring and/or wire frays must be painted to match the wall surface upon which they are being mounted, and it must be mounted at an area so as not to interfere with the architectural features of the building. In the instance that the building upon which antenna mounting being proposed does not have any wall area that is not visible from a public street, park, or plaza, wiring must be mounted on the wall that is visible from the street with the least vehicular and pedestrian traffic.
(7) All equipment must be kept inside the building where the antenna project is proposed to be conducted. If this is not possible, the applicant must present reasoning for this to the Central Planning Board, and the equipment must then be placed inside a structure to be placed on a flat part of the building's roof The equipment structure must be no taller than fifteen (15) feet, set back at least four (4) feet from all front or side edges of the roof or any other roof edge that fronts directly on a public street, built of an exterior construction material with the same appearance as the exterior walls of the building, and it must have no more than three hundred sixty (360) square feet of floor area. If equipment were to be placed outside the building or off the roof, it shall be screened and enclosed according to Section 40:4-8e,1(e)(3) of this chapter.
(g) Approval of a commercial antenna may be granted by the Central Planning Board upon finding, after a review of all submitted documents, that there is an existing gap in service that can only be closed by the installation of a new or additional antenna project. The applicant shall provide the Central Planning Board with its plan for communications coverage in the City of Newark. The applicant shall further provide a statement to explain how this application shall address any needs identified by that plan and explain why the applicant's proposal is the best possible method to address those needs. The applicant shall make every attempt to use the highest priority site, as listed as follows, in order from highest priority to lowest priority.
(1) The first priority location shall be co-location on an existing wireless telecommunication tower or other similar existing structure in the Second or Third Industrial District;
(2) The second priority location shall be an existing building within the Third, or Fourth Business District or Second or Third Industrial District;
(3) The third priority location shall be an existing building within the Fourth Residence District Second Business District or First Industrial District
(4) The fourth priority location shall be a new tower in the Second or Third Industrial District.
(h) The Central Planning Board may deny or limit approval of a commercial antenna if it reasonably concludes that the number, location, size and elevations of the radiating elements are not required for the proposed operation under FCC license, are intended for rental, lease or sale to other persons for unrelated operations, fails to meet FCC regulations, fails to meet any of the above-mentioned criteria, or generally impairs the visual environment.
(i) Approval of a commercial antenna may be granted upon finding, after a review of the plot plan and all accompanying documents, that:
(1) There is an existing gap in service that can only be closed by the installation of a new or additional antenna; and
(2) That the gap in service cannot be closed by locating an antenna in one of the permitted locations.
2. Submission requirements for all antenna projects whether expressly permitted or only permitted by conditional use approval. All information required in this paragraph shall be provided to the Central Planning Board staff in advance of any review hearing and shall be required to determine an application to be complete.
(a) The applicant must provide six (6) sets of photographic simulations of the site showing all publicly accessible views of the site as it would appear with the proposed antennas, cable trays, cables, mounting devices, electronic equipment, and accompanying structures and hardware installed.
(b) The applicant must provide six (6) copies of a block diagram showing all streets and buildings along with their land uses within five-hundred (500) feet of each antenna. These must include the heights of all structures within this distance.
(c) The applicant shall provide a certified statement from a licensed New Jersey professional engineer indicating the projected effective radiated power of all transmitted signals, and the probable radiation pattern with an analysis of any potential of reception interference by electronic receiving devices. This statement must attest to the project and facility's compliance with all Federal and State requirements for human or animal exposure to radio frequency emissions.
(d) The applicant must submit six (6) sets of signed and sealed surveys and plot plans, which shall include appropriate engineering and architectural drawings indicating the number, location, size, and height (with elevations) of all radiating elements and corresponding hardware as they are intended to be mounted on the site and/or building. Drawings shall also provide detailed depictions of all building features, landscaping, and all other property elements affected by the application. The drawings shall also include all views/elevations of the structure upon which the antenna is to be mounted.
(e) The applicant shall provide a statement from a licensed New Jersey professional engineer certifying to the structural integrity of all mounting hardware.
(f) The applicant may be required to submit a fee in escrow to cover the cost of an independent review of any engineering claims made by the applicant.
f. Arcades.
1. No permit shall be issued for the operation of an arcade except upon approval by the Central Planning Board of an application for conditional use.
2. No arcades shall be permitted within one thousand (1,000) feet of
A hospital;
A nursing home;
A church;
A school;
A day care or child care center.
3. No arcades shall be permitted to provide or sell alcohol, tobacco, or controlled substances.
g. No public dance hall shall be erected within two thousand (2,000) feet of another public dance hall or within one thousand (1,000) feet of:
A hospital;
Any building or structure used partially or wholly for residential purposes;
A nursing home;
A church;
An orphan asylum;
Drive-in restaurants.
h. Boarding Houses.
1. Boarding houses are permitted as conditional uses within Third Business Districts and First and Second Industrial Districts.
2. No permit shall be issued for the operation of a boarding house except upon approval by the Central Planning Board of an application for conditional use.
3. No permit for the operation of a boarding house shall be issued where the boarding house is to be located within one thousand (1,000) feet of another boarding house; a rooming house; a narcotic drug and alcohol treatment center, which is not located in an established hospital; a liquor store; or a bar tavern or nightclub; or a residence.
i. Rooming Houses.
1. Rooming houses are permitted as conditional uses within Third Business Districts and First and Second Industrial Districts.
2. No permit shall be issued for the operation of a rooming house except upon approval by the Central Planning Board of an application for conditional use.
3. No permit for the operation of a rooming house shall be issued where the rooming house is to be located within one thousand (1,000) feet of another rooming house; a boarding house; a narcotic, drug and alcohol treatment center which is not located in an established hospital; or a liquor store; or a bar, tavern or nightclub; or a residence.
j. Establishing regulations for the Granting of Conditional Use Permits for Facilities Engaged in Sheltering and/or Treatment of Persons with Communicable Disease Not Located in an Established Hospital.
1. Facilities engaged in sheltering and/or treatment of persons with communicable diseases not located in an established hospital are permitted as conditional uses only.
2. No permit shall be issued for the operation of such a facility except upon approval by the Central Planning Board of an application for conditional use. All property owners within two hundred (200) feet of the proposed site shall be notified by mail prior to any hearing of the Central Planning Board on such an application. The following specifications and standards are set forth to guide the Central Planning Board in reaching a decision to grant or to deny an application.
(a) No permit for the operation of such a facility shall be issued where the facility is to be located within one thousand (1,000) feet of another treatment facility; a day care center; a rooming or boarding house; a public school; or an orphanage.
k. Pool Halls or Billiard Parlors.
1. No pool halls or billiard parlors shall be permitted within one thousand (1,000) feet of:
A hospital;
A nursing home;
A church;
A school;
A day care or child care center.
2. No pool halls or billiard parlors shall be permitted to provide or sell alcohol, tobacco, or controlled substances.
l. Sexually-Oriented Businesses.
1. The term "sexually-oriented businesses" refers to business types including, but not limited to, establishments commonly referred to as a "Go-Go Establishment," "Go-Go Bar," "adult video store," "adult DVD store," "adult newsstand," or "adult bookstore." This term also refers to a commercial establishment which as one (1) of its principal business purposes offers for sale, rental, or display for any form of consideration any one (1) or more of the following: performances, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, compact discs, slides or simulated display or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" as defined in N.J.S.A. 2C:33-12.2 et seq. or "specified anatomical areas" as defined in N.J.S.A. 2C:33-12.2 et seq.; or any other type of establishment that can meet the definition of a "sexually-oriented business" as defined or described in Federal, State or local statutes including, but not limited to, N.J.S.A. 2C:33-12.2 et seq. For the purposes of this definition, "principal purpose" means the commercial establishment:
(a) Has at least ten (10%) percent of its merchandise in inventory consisting of said items; or
(b) Has at least twenty (20%) percent of the wholesale value of its displayed merchandise consisting of said items; or
(c) Has at least twenty (20%) percent of the retail value of its displayed merchandise consisting of said items; or
(d) Maintains at least ten (10%) percent of its interior business space for the sale or rental of said items; or
(e) Regularly features of said items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering "adult" or "xxx" or "x-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way, or
(f) Regularly features performances where "specified sexual activities" or "specified anatomical areas" as defined in this paragraph are displayed; or
(g) Maintains an adult arcade, which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
2. No sexually-oriented business shall be permitted unless it complied with all Federal, State, or local statutes including but not limited to N.J.S.A. 2C:33-12.2 et seq. and N.J.S.A. 2C:34-7 et seq.; is entirely in the Second Industrial Zoning District or Third Industrial Zoning District; and is not located within one thousand (1,000) feet, measured in a straight line from the property line of the site of the sexually-oriented business, of
(a) Another sexually-oriented business;
(b) A hospital;
(c) Any building or structure used partially or wholly for residential purposes, provided that the area is zoned for residential purposes;
(d) A nursing home;
(e) A place of worship including a church or cemetery;
(f) A school;
(g) A daycare or child care center;
(h) Any parcel zoned for residential use.
3. Furthermore, no sexually-oriented business can have outdoor signage other than a single wall mounted sign on one (1) and only one (1) facade of the structure used by said sexually-oriented business with the following limitations for the entire sign including its text area, logo area, surface area, and area for mounting hardware.
(a) No sign area shall have more than two (2) feet of height;
(b) The top of the sign shall be no more than sixteen (16) feet above the average grade at the base of the wall upon which the sign is mounted, and the top of the sign shall be below the first floor cornice line of the structure;
(c) No sign area shall be more than twenty-five (25) square feet and shall not extend beyond the width of the building;
(d) No sign shall cover more than ten (10%) percent of the surface area of the wall upon which it is mounted;
(e) No sign shall project more than six (6) inches from the wall surface upon which it is mounted, nor shall such sign project into any public right-of-way area;
(f) Internal illumination is prohibited for the sign;
(g) No sign shall be within the line of site of a Federal or State highway.
m. Facilities Which Provide Residential Congregate Living Arrangements Which Provide Shelter or Lodging for Profit or Charity With or Without Meals. Facilities of this type shall include but not be limited to shelters for the homeless, halfway houses, college dormitories not located on campus, fraternity and/or sorority houses, orphanages, nunneries and/or monasteries when not located on the same lot as the church. Such facilities are permitted as a conditional use within only the Second and Third Industrial Districts.
Excluded from this category are residential facilities covered elsewhere in this Title such as dwellings, boarding and rooming houses, hotels, nursing homes, inpatient treatment facilities for persons with communicable diseases not located in an established hospital and narcotic/alcohol/ chug abuse treatment centers.
No permit shall be issued for the establishment of such a facility except upon approval by the Central Planning Board of an application for a conditional use.
The following specifications and standards shall be met prior to the Central Planning Board granting conditional use approval:
1. No such facility shall be established within two thousand (2,000) feet of another such facility; a liquor store; or a bar, tavern, or nightclub.
2. No such facility shall be established within one thousand (1,000) feet of a school, a church, a day care, a nursery, or a residential structure.
n. Discotheques; Public Dance Halls.
1. No discotheque or public dance hall shall be permitted within one thousand (1,000) feet of
(a) A hospital;
(b) A nursing home;
2. No discotheque or public dances shall be permitted to operate unless it has sound insulation for the structure ensuring that a noise level of not more than sixty-five (65) decibels is audible outside the structure.
3. With the exception of the Fourth Business District, an on-site parking area is required providing five (5) parking spaces per one thousand (1,000) feet of gross floor area for the establishment. The parking area shall be distant enough from properties with residential uses so that noise from the parking lot is not audible from any residence. A sound engineer shall provide evidence to the Central Planning Board's satisfaction that this condition should be met.
4. All outdoor areas of congregation for patrons including areas where patrons would wait to enter the establishment, areas where patrons would smoke, or areas where patrons would travel to access the facility shall be designed to protect properties with residential uses so that noise from these areas is not audible from any residence. A sound engineer shall provide evidence to the Central Planning Board's satisfaction that this condition would be met.
o. Billboards.
1. Billboards are to be permitted only in the Third Business and Second and Third Industrial Districts by conditional use.
2. No such billboard facility can be erected such that any part of the structure is in or is positioned to be within the direct line of sight from any school, park, historic district, historic structure, residentially zoned district, Fourth Business Zoning District, or any portion of the City of Newark within the area bordered by Interstate 280 at the north, Dr. Martin Luther King, Jr. Blvd. at the west, East and West Kinney Streets at the south, the Northeast Corridor Railroad right-of-way and the Passaic River at the east.
3. No such billboard facility can be erected within one thousand (1,000) feet (measured in a straight line) of the border with any facility or district listed in paragraph 2. above.
4. No such billboard facility shall exceed a height of forty (40) feet from grade at its highest point for a freestanding unit or unit mounted on a building wall. Any billboard mounted on a building rooftop may not project more than twenty (20) feet above the height of the building's roof
5. No trees or other landscaping features can be removed or substantially reduced in size in any way to accommodate the visibility of the billboard.
6. No billboard shall be located closer than one thousand (1,000) feet (measured in a straight line) from another such billboard.
7. No such billboard facility shall be allowed to obscure or cover any building's windows, doorways, architectural trim, nor shall it be located within five (5) feet of such a building feature.
8. The maximum permitted advertising area showing in one general direction (within forty-five (45) degrees) shall not exceed six hundred fifty (650) square feet for a single billboard or combination of billboards.
9. Visual impact on the surrounding areas shall be minimized through the use of landscaping, berming, and grading at the base of the unit. Dense all-season or evergreen landscaping shall be installed at the base of any freestanding billboard structure.
10. The billboard operator or owner shall comply with the Roadside Sign Control and Outdoor Advertising Act as contained in N.J.S A. 27:5-5 et seq. as well as all other regulations, statutes, or laws relating to billboards.
11. Any existing billboard for which structural changes are made must comply with all standards and conditions in this statute or the billboard must be removed. The only exception to the preceding sentence applies to billboards within jurisdiction of the Federal Highway Beautification Act (23 USC 131) in which case removal may be required by State and/or Federal transportation authorities.
12. All billboards in the City of Newark must be properly maintained for safety and aesthetic value. Any billboard facility that has signs of disrepair including but not limited to graffiti, rust, peeling paint, rotten wood, broken supports or boards, or other signs of disrepair for a period of more than thirty (30) days is not being properly maintained and is defined to be abandoned. Any billboard that is not in use for more than one hundred twenty (120) days is also defined to be abandoned. Any abandoned billboard facility loses its preexisting nonconforming status and must be removed by its owner or operator. The only exception to the preceding sentence applies to billboards within jurisdiction of the Federal Highway Beautification Act (23 USC 131) in which case removal may be required by State and/or Federal transportation authorities.
13. A conditional use permit for a billboard cannot be granted for a period of more than three (3) years. Such a permit may be renewed only upon finding by the Central Planning Board that the billboard continues to comply with these standards, continues to comply with any other standards agreed upon by the Central Planning Board and the billboard applicant, and is being properly maintained. If the Central Planning Board finds that the billboard does not comply with these standards or is undermaintained, the owner or operator must remove it. The only exception to the preceding sentence applies to billboards under the jurisdiction of the Federal Highway Beautification Act (23 USC 131) in which case removal may be required by State and/or Federal transportation authorities.
14. All billboard operators are required to comply with all other ordinances and regulations that pertain to billboard licenser placement and operations.
15. Any application for conditional use review for a billboard must include the same information as would be required for a site plan review to be deemed complete.
p. Day Spa Establishment.
1. Each masseuse shall be certified/ licensed by State of New Jersey. Copy of certificate shall be submitted with conditional use application.
2. Facility shall include at least one (1) of the following: cosmetology salon, yoga studio, or medical practice.
3. No advertising can include information about gender or appearance of the staff.
q. Veterinarian; Kennel; Animal Boarding; Animal Shelter.
1. Noise proofing is required to ensure that a maximum noise level of sixty-five (65) db at property boundary or boundary with another land use on the property is not exceeded.
2. Odor control systems are required, and the applicant has the obligation to provide evidence to the Central Planning Board's satisfaction that there would be no odors beyond property boundary or boundary with another land use on property.
3. Minimum parking required for a veterinarian facility shall be 1.5 spaces per exam room.
r. Pest Control Establishment.
1. Applicant must provide evidence oflicensure from NJDEP.
2. The facility shall contain storage methods to prove to the Central Planning Board's satisfaction that the facility will not be contaminated by spillage or leakage of chemicals being used.
s. Meat or Fish Market.
1. Applicant must provide evidence of the provision of an odor control system to ensure that no smells or odors would be noticeable outside of the establishment.
2. No such facility operating in the Second or Third Business Districts or in the First Industrial District shall be permitted to have any live animals at any time, and no slaughtering of animals shall take place in any of these zoning districts.
(R.O. 1966 C.S. § 27:4-7; Ord. 6 S+FH, 11-26-85 § 3; Ord. 6 S+FE, 3-5-86; Ord. 6 S+FO, 9-2-89; Ord. 6 S+FQ, 7-11-90; Ord. 6 S+FA, 8-1-90; Ord. 6 S+FK, 11-19-90 § 2; Ord. 6 S+FI, 1-9-91 § 2; Ord. 6 S+FL, 4-3-91 § 2; Ord. 6 S+FO, 5-1-91 § 2; Ord. 6 S+FA, 6-5-91; Ord. 6 S+FJ, 9-2-92; Ord. 6 S+FH, 9-16-92; Ord. 6 S+FD, 4-7-93; Ord. 6 S+FC, 11-17-03 § 2; 6 S+FJ, 6-16-04 § 3; Ord. 6 PSF-E, 1-21-09 § 1; Ord. 6 PSF-A(S), 7-14-09 Exh. A; Ord. 6 PSF-F, 3-17-10 § 1)
