§228-98. Permitted uses.

[Amended 11-26-79 by Ord. No. 79-202]

Principal uses and buildings permitted shall be

A.Single family dwellings

B.Public parks and playgrounds and public recreational and community-center buildings and grounds

C.Cemeteries



§228-99. Permitted accessory uses.

[Amended 11-26-79 by Ord. No. 79-202; 6-27-83 by Ord. No. 83-508]

Accessory uses and buildings permitted shall be

A.Any accessory uses permitted in §228-9A and B

§228-100. Prohibited Uses.

[Amended II -26-79 by Ord. No. 79-202]

A.Any uses and buildings not listed in §228-98 and §228-99 above

B.Professional occupations

C.Parking of trucks or other commercial vehicles and trailers as restricted in §228-224C D Limousine or livery service

[Added 8-28-89 by Ord No 89-51]

§228-101. Height limitations.

[Amended 11-26-79 by Ord. No. 79-202]

Height limitations shall be the same as required in the R-1 District

§228-102. Area and yard requirements.

[Amended 11-26-79 by Ord. No. 79-202]

A.Every lot in a Historic District Residential/Preservation Zone shall have a minimum width of one hundred seventy-five feet (175') and a minimum area of two (2) acres

B.Setbacks for principal and accessory buildings to any street line shall be the same as required in the R-1 District

C.Side yard for principal and accessory buildings to any street line shall be the same as required in the R-1 District

D.Rear yard requirements for principal and accessory buildings shall be the same as

required in the R-1 District

§228-103. Off-street parking.

[Amended 11-26-79 by Ord. No. 79-202]

Off-street parking requirements shall be the same as required in the R-1 District

§228-104. Site Plan approval.

**Webmasters Note: The previous section has been deleted as per Ordinance No. 09-11.

§228-104.1. Regulations for historical landmarks lying outside Historic District- Residential, Historic District-Commercial, Historic District-Residential/Commercial and Historic District-Cluster Zone.

[Amended 3-30-83 by Ord. No. 83-499]

All landmarks lying outside the boundaries of the Historic District Zone and described in Schedule B shall be subject to the minimum lot size and yard requirements of the zoning district in which they lie and shall otherwise be subject to all of the requirements of this code

§228-104.2. Definitions applicable to Code.

[Amended 3-30-83 by Ord. No. 83-499]

For the purpose of this Article, the following terms shall be defined as follows



ALTERATIONS - Any material change in the exterior architectural features of any improvement less than demolition, removal or construction of any such improvement Any renovation of the interior of such improvement which has no appreciable effect upon the exterior architectural features of such improvement shall not be deemed an "alteration"

APPLICANT - Any person, persons, association, partnership or corporation, tenant or other person in charge as herein defined, who applies for approval from the Historic Preservation Commission in order to make any environmental change on property subject to the provisions of this Historic Preservation Code. Persons other than the fee owner need the owner's consent to apply

CONSTRUCTION OFFICIAL - The person charged with the administration of any building code or with the issuance of building or demolition permits in the township

ENVIRONMENTAL CHANGE - Any alteration, demolition, removal or construction of any on-site improvement in the district or at a designated landmark according to the provisions of the Code

EXTERIOR ARCHITECTURAL FEATURE - The architectural style, design, general arrangement and components of all outer surfaces of an improvement, as distinguished from the interior architectural features enclosed by said exterior surfaces, including but not limited to the kind, color and texture of the building material and type and style of all windows, doors, lights, signs, decorative elements and other fixtures appurtenant to such improvements

HISTORIC DISTRICT - A geographic area with clearly defined boundaries within the Township of East Brunswick including all improvements therein



HISTORIC PRESERVATION COMMISSION - The Historic Preservation Commission established by this ordinance

LANDMARK - A site or structure located outside the geographic boundaries of an Historic District Zone, but within the Township of East Brunswick meeting the criteria set forth in §228-104 4 of this code

MINOR EXTERIOR WORK - Any change in, addition to or removal from the parts, elements and materials comprising a structure where such change, addition or removal does not constitute a structural alteration and is of such nature that it may lawfully be accomplished without a building permit

OWNER - Any person or persons having title, in fee, to property which is an improvement, landmark, district or part of a district so as to be legally entitled, upon obtaining the required permits and approvals from the Construction Official of the locality having jurisdiction over building construction with respect to such property, to perform any construction, alteration, removal, demolition or other works to which such person seeks the recommendation of the Historic Preservation Commission,

STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land



§228-104.3. Criteria for designation as a Historic District.

[Amended 3-30-83 by Ord. No. 83-499]

Any improvement, landmark, structure, or district may be designated as Historic according to the provisions of this code provided a meets one (1) or more of the following additional qualifying criteria

A.Historical importance The improvement, structure, landmark or district has character, interest or value as part of the development, heritage or cultural characteristic of the community, A is associated with events that have made a significant contribution to the broad pattern of our history, ft is associated with the lives of persons significant in our past, a exemplifies the cultural, political, economic, social or historic heritage of the community, or a may have yielded or may be likely to yield information on recorded history

B.Architectural importance The improvement, structure, landmark or district portrays the environment of a group of people in an area of history characterized by a distinctive architectural style, ft embodies those distinguishing characteristics of an architectural type, period or method, A is the work of an architect or master builder whose individual work has influenced the development of a municipality or several municipalities, or ft contains elements of architectural design, detail, materials or craftsmanship which represents a significant innovation



C.Geographic importance The improvement, structure, landmark or district, because of being part of or related to a square, park or other distinctive area should be developed or preserved according to a plan based on historic, cultural or architectural motif, or due to as unique location or singular physical characteristics represents an established and familiar visual feature of the neighborhood, community or state

§228-104.4. Criteria for evaluating structures to be historically significant and to be designated under Schedule B of the code.

[Amended 3-30-83 by Ord. No. 83-499]

An improvement, a site or structure may be designated a landmark under Schedule B if a meets the following two (2) criteria

A.The structure has retained as integrity either in original workmanship, materials, design, setting or association

B.The structure is fifty (50) or more years old

And meets one or more of the following:

C.The structure has outstanding historical, cultural or architectural significance to the community and be part of the pattern of our heritage, be ft National, State, County, or Municipality

D.The structure exemplifies the broad cultural, economic, and social history of East Brunswick

E.The structure has distinguishing characteristics of an architectural style representative of a recognized historical or unique period or method of construction

§228-104.5. Creation of Historic Preservation Commission ; enforcement procedure.

[Amended 3-30-83 by Ord. No. 83-499; deleted 2-25-85 by Ord. No. 85-640]

§228-104.6. Criteria to Apply in Reviewing Plans.

[Amended 3-30-83 by Ord. No. 83-499; 2-25-85 by Ord. No. 85-640]

In reviewing the plans, the Planning Board and the Zoning Board shall give consideration to

a The general compatibility of the exterior design of the building, site plan arrangement and materials to be used

b Any other factor listed in §228-57 of this Code. as well as aesthetics and the arrangements and materials of the building in question and the relationship of such factors to similar features of historic structures in the immediate surroundings and the position of such structures to the street or public way

c Height The height of a proposed building shall be visually compatible with adjacent buildings

d Proportion of building's front facade The relationship of the width of the building to the height of the front elevation shall be visually compatible to buildings, squares and places to which ft is visually related

e Proportion of openings within the facility The relationship of the width of the windows to height of windows in a building shall be visually compatible with buildings, squares and places to which the building is visually related, respect the stylistic period or periods a building represents for all windows and doors, if replacement of windows/or doors is necessary, the replacement should duplicate the material, design, and the hardware of the older window/or door

f Rhythm of solids to voids in facades The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings, squares and places to which ft is visually related

g Rhythm of spacing of buildings on streets The relationship of a building to the open space between ft and adjoining buildings shall be visually compatible to the buildings, squares and places to which ft is visually related

h Rhythm of entrance and/or porch projection The relationship of entrances and porch projections to sidewalks of a building site shall be visually compatible to the buildings, squares and places to which a is visually related Retain porches or steps which are appropriate to the building and its development Porches or additions reflecting later architectural styles are often important to the building's historical integrity and, wherever possible, should be retained Repair or replace, where necessary, deteriorated architectural features of wood, iron, cast iron, terracotta, the and brick

i Relationship of materials, texture and color The relationship of the materials, texture and color of the facade of a building shall be visually compatible with the predominant materials used in the buildings to which a is visually related Discover and retain original paint colors, or repaint colors based on the original to illustrate the distinctive character of the property

Existing Buildings Exterior Features

(1) Masonry buildings retain original masonry and mortar, whenever possible, without application of surface treatment Duplicate old mortar and composition, color and textures Repair or replace, where necessary, deteriorating materials with new material that duplicates the old as closely as possible Replace missing architectural features, such as cornices, brackets, railings and shutters

(2) Frame Buildings retain original, whenever possible Repair or replace, where necessary, deteriorating material with new material that duplicates the old as closely as possible

j Roof shapes The roof shapes of a building shall be visually compatible with the buildings to which it is visually related Preserve the original roof shape If additions or alterations essential to the feasibility of continued usage is necessary, roof slopes and the original roofing material should be retained whenever possible When new materials are selected, try to match the color and texture of the original Replace deteriorating roof coverings with new material that matches the old one in composition, size, shape, color and texture Preserve or replace, where necessary, all architectural features which give the roof its essential character, such as dormer windows, cupolas, cornices, brackets, chimneys, cresting, and weather vanes Place television antennae and mechanical equipment, such as air conditioners, in an inconspicuous location

k Walls of continuity Appurtenances of a building, such as walls, wrought iron fences, evergreen landscape masses and building facades, shall, if necessary, form cohesive walls of enclosure along a street to ensure visual compatibility of the building to the buildings, squares and places to which a is visually related

l Scale of a building The size of a building, the building mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings, square and places to which a is visually related.

m Directional expression of front elevation A building shall be visually compatible with the buildings, squares and places to which it is visually related in as directional character, whether this be vertical character, horizontal character or nondirectional character

§228-104.7. intent.

[Amended 3-30-83 by Ord. No. 83-499; 2-25-85 by Ord. No. 85-640]

It is the intent that the Planning Board and the Zoning Board shall encourage alterations or repairs to structures in the Historic District and on Schedule B made in the spirit of their architectural style and that any additions will be made in such a manner as not to detract from a building's original appearance

§228-104.8. Demolition.

[Amended 3-30-83 by Ord. No. 83-499; 2-25-85 by Ord. No. 85-640]

1 The structures described in this Ordinance are valuable for the periods they represent and important to the neighborhood within which they exist It is intended that demolition of these structures should be discouraged, as their loss will be a common loss to the township and the area Moving of a structure within the Historic District as an alternative to its demolition is recommended if there is no other way to save the structure

2 Applications for demolition or removal of buildings will be forwarded by the Construction Official who shall have a period of six (6) months within which to consult with the East Brunswick Historical Society, the New Jersey Department of Environmental Protection, Historic Sites Division, the League of Historic Societies or other similarly qualified organizations to ascertain how the township may preserve the building and/or the premises The Planning Board is empowered to assist the owner in developing plans to preserve the structure when moving or demolition thereof would be a great loss to the township



3 If a plan has not been developed within six (6) official months of the date of filing with the Construction Official, demolition or removal permits will be issued It a plan has been developed and has not been accepted by the applicant within six (6) months of the date of filing with the Construction Official, no demolition or removal permits will be issued pending appeal by the applicant to the Township Council

§228-105. Relocation of historic buildings.

When a is necessary to move an historic building to another site within the Historic District, the Planning Board shall provide a site evaluation report All applications receivable under this Code, whether for site plan, subdivision approvals or variance approval, shall be submitted first to the Planning Board for as consideration