A.
For all development in the City of Pleasantville, unless otherwise addressed herein, departures from the design standards detailed in this Subsection A may be permitted at the discretion of the Planning Board or Zoning Board of Adjustment, as the case may be, via variance relief pursuant to N.J.S.A. 40:55D-70.
(1)
Placement of structures.
(a)
The predominant axes of all structures hereafter erected shall
be either parallel or perpendicular to the axes of adjoining public
or private streets.
(b)
The front entrance to all structures shall face the street.
(c)
Setbacks shall be clear, unoccupied and unobstructed horizontal
distances between the vertical walls of a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines, and extending from grade to sky, except for the following permitted
encroachments, provided that such encroachments are not located in
a sight triangle and do not inhibit the free flow of traffic:
[Amended 6-5-2017 by Ord.
No. 8-2017; 3-19-2018 by Ord. No. 2-2018]
Element
|
Permitted Encroachment/Projection
| |||
---|---|---|---|---|
Front Yard1
|
Side Yard2
|
Rear Yard
| ||
Windowsills, cornices, cantilevered roofs/roof eaves, flues,
belt courses, leaders, pilasters, lintels, gutters and like and similar
utilitarian features
|
Projecting not more than 12 inches from an exterior wall
| |||
Open porches with or without structural roofs, awnings and canopies
over same, and stairs leading thereto
|
Projecting not more than 70 inches based on a yard of 10 feet
| |||
Where a yard is greater than 10 feet, such porches and steps
may project beyond 70 inches at a ratio of:
| ||||
1 inch of additional projection for every 1 inch from the 10
feet benchmark
|
2 inches of additional projection for every 1 inches from the
10 feet benchmark
| |||
Where a yard is less than 10 feet, such porches and steps shall
be reduced below 70 inches at a ratio of:
| ||||
1 inch of projection for every 1 inch from the 10 feet benchmark
|
2 inches of projection for every 1 inch from the 10 feet benchmark
| |||
The above notwithstanding, no porch or stairs shall be closer
than 2 feet from any property line.
| ||||
Chimneys
|
Projecting not more than 30 inches from an exterior wall for
a maximum width (i.e., distance parallel to such wall) of 48 inches
| |||
Residential awnings, canopies and structural roofs
|
Projecting not more than the porch over which the awning or
canopy is installed
| |||
Commercial awnings, canopies and structural roofs
|
Projecting not more than 36 inches from the subject wall
| |||
Flag/banner poles
|
No limit, provided that such poles are not located closer than
2 feet from any property line
| |||
Fences
|
No limit, provided that fences are placed a minimum of 2 inches inside of the property line (See § 300-71 for additional regulations.)
| |||
Landscaping, including statuary, arbors and trellises
|
No limit
(See § 300-71 for additional regulations.)
| |||
Bay windows and other ornamental architectural features
|
Projecting not more than 36 inches from the front/side wall,
provided that the total of such projections do not exceed 33% of the
horizontal distance of such wall
| |||
And further provided that such projections shall be entirely
within planes drawn from the main corners of the front/side facade
of the building at an interior angle of not more than 23° from
the wall in question (the intent being to minimize shadow effects
on neighboring properties from projections at the corners of buildings)
|
And further provided that such projections shall be entirely
within planes drawn from the main corners of the rear facade of the
building
| |||
Chimneys, flues, belt courses, leaders, sills, pilasters, lintels,
cornices, eaves, gutters and like and similar utilitarian features
are not permitted encroachments under this subsection.
| ||||
Porte cocheres (front and side yards only), off-street parking
areas and access drives thereto
|
No limit
| |||
Residential driveways
|
Minimum 6 inches from the property line
| |||
Signage
| ||||
Lighting
| ||||
Pedestrian walkways, breezeways and atriums
|
No limit
| |||
Bicycle racks, benches, trash receptacles and other street furniture
|
Provided that no such item be closer than 2 feet from any property
line, and further provided that bicycle racks are installed such that
no bicycle extends into the public right-of-way
| |||
Provided that no such item be closer than 2 feet from any property
line, and further provided that bicycle racks are installed such that
no bicycle extends into the public right-of-way
| ||||
Balconies and terraces
|
Projecting not more than 48 inches from the front wall
|
Projecting not more than 36 inches from the side/rear wall
| ||
Outdoor cafes, decks, patios, tables and other similar alfresco
dining areas (collectively, "alfresco dining area"), provided that
they are accessory to lawfully permitted restaurants, and further
subject to the following:
|
No alfresco dining area shall be permitted at a restaurant that
has not received a zoning permit or other land use approval and does
not have a valid mercantile license from the City.
| |||
Regardless of whether or not permitted indoors at the host restaurant,
no service of an alcoholic beverage, whether supplied by the host
restaurant or brought by the patron, shall be permitted unless approved
by the New Jersey Division of Alcoholic Beverage Control, and confirmed
by the City Clerk.
| ||||
Sidewalk cafes shall be permitted only in conjunction with and
adjacent to an existing restaurant. A sidewalk cafe may extend onto
the sidewalk in front of an adjacent business with the written consent
of the property owner and the first floor business tenant if separate
from the property owner. Once consent has been obtained, the Zoning
Official will review and determine if permitted.
| ||||
Shall be set back not less than 2 feet from the property line
of the adjacent parcel unless consent is obtained from adjacent property
owner and business owner, if different, may be permitted to extend
into the public right-of-way (sidewalk) provided that not less than
3 feet of accessible area remain for pedestrian circulation and further
provided that a license and hold-harmless for any such extension is
issued by the governing body in the case of a municipal right-of-way
and by any other governmental agency having jurisdiction.
| ||||
Outdoor cafes, decks, patios, tables and other similar alfresco
dining areas (collectively, "alfresco dining area"), provided that
they are accessory to lawfully permitted restaurants, and further
subject to the following:
|
The number of entrances to the alfresco dining area from the
public right-of-way shall be limited to 1 entrance for every 40 feet
of frontage. Such entrances may not be less than 4 feet nor more than
6 feet in width.
| |||
Where paper/plastic tableware (plates, napkins, cups, utensils)
is employed, 1 sufficiently sized trash and 1 sufficiently sized recycling
receptacle, with lid, are required.
| ||||
Regardless of the type of service, standing bus-pans (jack stands)
are prohibited.
| ||||
Only canopies, awnings or umbrellas which are anchored or adequately
secured to the host restaurant or component(s) surface are permitted.
| ||||
Canopies and awnings may have removable side panels to protect
patrons from the elements.
| ||||
No canopy or awning visible from a public right-of-way shall
contain any advertising material or signage other than the name and/or
logo of the host restaurant.
| ||||
Dinner music may be permitted during the hours of operation
of the alfresco dining area if in compliance with the Code of Pleasantville
and at the discretion of the Zoning Official.
| ||||
All tables, seating, planter boxes or components of an alfresco
dining area shall be commercially available and uniform. Handmade
elements may be permitted at the discretion of the Zoning Official,
Planning Board, Zoning Board of Adjustment or Planning and Redevelopment
Committee, as the case may be, upon inspection of same for durability,
weight (wind resistance) and aesthetics.
| ||||
Outdoor cafes, decks, patios, tables and other similar alfresco
dining areas (collectively, "alfresco dining area"), provided that
they are accessory to lawfully permitted restaurants, and further
subject to the following:
|
All elements or components of an alfresco dining area shall
be removed from the area when the area is not open for business, whether
by operator's choice, inclement weather or due to permitted hours
of operation.
| |||
Other than a single posted menu and a single "Hours of Operation"
sign, no signage shall be permitted at any portion of an alfresco
dining area. Such signs shall be no larger than 4 square feet and
may be affixed to the building or planter box or be on an A-frame
(sandwich board) or a stanchion. If on an A-frame or stanchion, such
element shall not be located outside of the perimeter of the alfresco
dining area.
| ||||
No alfresco dining area, or element or component thereof, may
be used for the display or location of merchandise, advertising materials
or vending machines.
| ||||
No alfresco dining area shall be permitted unless the operator
thereof receives a mercantile license and zoning permit for such area.
| ||||
In addition to the requirements of Checklist B of § 300-77, the application for an alfresco dining area must contain: A site plan drawing indicating the maximum (outbound) boundary of the proposed alfresco dining area and the location of all elements of such area as required by this section, including planter boxes, tables and seating, canopy, etc., the number and locations of entrances to the alfresco dining area, all entrances to the host restaurant and the area(s) from where the alfresco dining area is to be serviced, catalogue graphics or photographs of the planter boxes, seating, canopy and all other elements proposed. Hours of operation and how service is to be rendered to all parts of the area.
| ||||
HVAC equipment
|
Provided that units are not located closer than 2 feet from
any property line
| |||
Recreational equipment
|
Provided that such no element is located closer than 2 feet
from any property line
| |||
Swimming and bathing pools
|
The edge of any bathing or swimming pool shall be located not
closer than 10 feet to any property line other than a public right-of-way,
in which case the pool shall be no closer than 20 feet from such right-of-way.
| |||
Fire escapes or outside stairways
|
Projecting from an exterior wall not more than 36 inches
| |||
Electric vehicle supply equipment
|
No owner or developer of a property in Pleasantville City shall install a private electric vehicle supply equipment in or adjacent to a vehicle right-of-way in such a way that private electric vehicle supply equipment is to be used from a vehicle parked in a public right-of-way and/or on-street parking space. The City of Pleasantville is authorized, pursuant to Chapter 278 of the City Ordinances, as amended, to designate on-street parking spaces for electric vehicle charging.
|
NOTES:
| ||
---|---|---|
1
|
In the case of corner lots, such regulations apply whether or
not such yards are primary or secondary frontages.
| |
2
|
In the case of corner lots, the regulations for front yards
shall apply to a side yard abutting a street.
|
(2)
Minimum distance between buildings.
(a)
Buildings with a maximum building height above the lower of
2 1/2 stories or 35 feet: For principle structures located on
the same lot, the minimum distance between walls containing openings
for light and air shall be equal to 33% of the height of the tallest
structure, but not less than the rear yard requirement applicable
to the structure without expressed written permission from the Fire
Official.
(b)
For all other buildings: no building or structure shall be situated
closer than 15 feet from an adjacent building or structure, whether
on the same lot or adjacent lots.
B.
For all principal structures in the City of Pleasantville. Departures
from the design standards detailed in this subsection may be permitted
at the discretion of the Planning Board, Zoning Board of Adjustment
or Planning and Redevelopment Advisory Committee, as the case may
be, via design waiver and not variance relief pursuant to N.J.S.A.
40:55D-70.
(1)
Rooftop treatment.
(a)
Unless otherwise specified herein, roofs shall be clad with
approved roofing materials and shall be moderately pitched with dormers
and cornices. Steeper roof pitches are encouraged. Colored, patterned
shingle designs are encouraged.
(b)
Where sloped roofs are not practicable and therefore flat roofs
are necessary, and where such roofs are less than the maximum building
height in the subject or immediately adjacent zoning district and
therefore visible from taller buildings, whether present or prospective,
including the rooftop decks of parking structures and decks and balconies
when accessible as public open spaces, such roofs shall be treated
with decorative roofing materials in order to create an aesthetic
appearance from above. Alternatively, such rooftops may be aesthetically
developed as pedestrian-accessible promenades, rooftop gardens and/or
active or passive recreation areas as appropriate.
(c)
Where said surfaces are pedestrian accessible, a minimum of
35% of the total exposed surface area shall be landscaped as roof
gardens. Said treatment may or may not include live vegetation.
(d)
The balance of all accessible flat roof surfaces shall be treated
in such a way as to blend with the roof gardenscape in an aesthetically
acceptable manner. Said areas shall be constructed of nonreflective
material in order to secure an agreeable visual condition.
(e)
Where said surfaces are not pedestrian accessible, surfaces
shall be treated with nonreflective, decorative materials in order
to secure an agreeable visual condition.
(f)
Pergolas, trellises or other screening above parked vehicles
is required where exposed flat roofs are used as parking decks and
for mechanical and related items.
(2)
Site work.
(a)
Driveways.
[1]
If asphalt:
[a]
New paving (residential): Minimum thickness after
rolling shall be two inches when placed upon a stable subbase. If
subbase is not stable, a base of six inches of dense graded aggregate
or recycled concrete aggregate, installed to industry standards, is
required.
[b]
Overlay (resurfacing) of existing residential asphalt
driveways shall be a minimum thickness of two inches. All surface
cracks or deteriorated subbase shall be repaired.
[2]
If concrete (residential): Minimum thickness shall be four inches
when placed upon a stable subbase. If subbase is not stable, a base
of six inches of dense graded aggregate or recycled concrete aggregate,
installed to industry standards, is required.
[3]
Nonresidential: Nonresidential driveways shall utilize the requirements
of this subsection as a minimum. Specific details shall be evaluated
by the City or Board Engineer on a case-by-case basis in light of
the type and weight of vehicles, frequency of crossing and other pertinent
requirements of the subject use.
(b)
Sidewalks: shall be Class "B" concrete, with a minimum thickness
of four inches when placed upon a stable subbase. If subbase is not
stable, a base of four inches to six inches of dense graded aggregate
or recycled concrete aggregate, installed to industry standards, is
required.
(c)
Contractors shall be responsible for assessing all site conditions
and determining appropriate treatment prior to commencement of work.
(3)
Treatment of structural surfaces. Structural surfaces shall generally
be treated with nonreflective materials. Where reflective materials
are utilized, the reflective surface shall not cause an adverse impact
on surrounding uses, such as increasing the cooling loads of the structures
upon which they reflect heat (and thereby causing visual discomfort
or related effects).
(4)
Exterior building architecture (Note: Form, materials, color, massing
and detailing elements for building facades, windows, awnings, lighting,
signage, etc.) shall coordinate design elements to achieve design
harmony and continuity for all building elevations, both within a
single structure and between separate structures.
(5)
The entirety of all building elevations fronting a public right-of-way,
regardless of building height, shall be considered a front yard and
primary elevation, with facades and appurtenances treated accordingly.
(6)
In order to create an attractive and inviting pedestrian-scaled environment,
the entire first floor of a building's right-of-way frontage, with
the exception of ground-floor garage entryways and exitways, shall
be of a pedestrian scale and shall be devoted to active permitted
principal or conditional uses, oriented to the right-of-way frontage,
or shall be designed as a decorative streetscape with such treatment
and features as may be required to provide a sense of excitement and
vibrancy and to avoid an otherwise lifeless facade.
(a)
Nonresidential and nonindustrial uses shall incorporate clear
storefront glass to display the nature of the use within and produce
an interesting pedestrian streetscape.
(b)
In considering facade treatment, developers are encouraged to
include a combination of rich detailing, texture, shadow lines and
color.
(c)
Regardless of location, such treatment for nonresidential development
may include, but need not be limited to:
(7)
In addition to such facade treatment, development shall include decorative
streetscaping consisting of, but not limited to, landscaping and hardscaping,
benches and other street furniture, decorative lighting (both pedestrian
and architectural), statuary and other public art, and like and similar
features which achieve the stated goal both during the day and nighttime
hours, for the full 12 months of the year.
(8)
Each individual use shall have its own entryway, which shall be independent
from the host structure such that patrons may access such use without
entering the larger structure. Such uses may additionally have access
from the structure if desired. The frontages of such uses may either
have identical designs to reinforce the building architecture or varied
designs to express the individuality of the uses.
(9)
Windows may be either typical commercial (large, single pane) or
may be or provide the appearance of being double-hung traditional
design (Note: multiple small panes separated by mullions. Such windows
need not operate as traditional double hung windows.) at regular placement,
including the side and rear elevations if visible from the public
right-of-way. Bay, box and/or ornamental windows are permitted to
maximize building aesthetics.
(10)
Excessive runs of blank, unarticulated or unadorned exterior
walls, defined as exterior walls with an uninterrupted horizontal
run along a single plane of more than 50 l.f. and an uninterrupted
vertical run of more than 24 l.f. shall be avoided, both at the pedestrian
level and above. The intent of this regulation may be achieved via
structural or ornamental treatment, including, but not limited to,
combinations of horizontal and vertical building and roofline articulation,
facade differentiation, generous use of doors and windows (faux or
real), architectural detailing and ornamentation, and shall be employed
to create an attractive and exciting design on all building facades.
(11)
With the exception for residential sunrooms and greenhouses:
(a)
Structural surfaces should be treated with nonreflective materials.
Where reflective material are utilized, the reflective surface shall
not cause an adverse impact on surrounding uses, such as increasing
the cooling loads of the structures upon which they reflect heat (and
thereby causing visual discomfort or related effects).
(b)
Glass, metal or non-natural-looking material shall be limited
to architectural elements or accent features in order to provide interest
to the structure while maintaining an aesthetic appearance.
(c)
The use of glass curtain wall construction is prohibited.
(12)
Mechanical equipment and similar back-of-the-house functions,
whether at grade or on the structure's roof, shall be appropriately
screened so as to not be visible from the public right-of-way or an
adjacent property.
(13)
To the extent practicable, primary ingress and egress to the
site shall be from a single curb cut along the front lot line, with
additional egress points located at the side or rear lot lines.
(14)
All vehicular ingress and egress points shall be clearly demarcated
and controlled to ensure safe and efficient operation of the facility
and to assure safe integration of automotive traffic with other vehicular
and pedestrian traffic.
(15)
Adequate lighting shall be provided for all parking, loading
and vehicular and pedestrian circulation areas.
(16)
Exterior building and site lighting shall be designed so that
lighting is focused downward and shall be shielded or deflected away
from adjacent land uses so that it does not create a glare upon adjacent
land uses or public rights-of-way and does not obstruct or deter the
visibility of drivers or pedestrians on or near the site. Such lighting
shall provide for a minimum of 0.5 footcandle.
(17)
Light standards shall be of an ornamental design and shall not
exceed the lower of the height of the building the lighting is intended
to service or 30 feet (measured from finished grade), except for the
RSC Zoning District, wherein height shall not exceed 50 feet (measured
from finished grade).
(19)
Exposed chimneys shall be clad with brick, organic or manufactured
stone, stucco or other appropriate material.
(20)
Colors shall be neutral, earthtone or traditional palates in
order to provide a visual harmony with the surrounding natural or
man-made environment. More vibrant colors may be used for accent purposes.
(21)
While buildings may functionally have entrances on the side,
rear or interior of the project, all buildings shall be designed to
give the appearance that their primary (front) elevation faces the
building's right-of-way frontage.
(22)
The incorporation of awning and similar elements is encouraged.
(23)
While buildings may be constructed on pilings, exterior foundation
walls shall surround all buildings from grade to start of the siding
material. Foundation walls, whether structural or not, shall be treated
with latticework; brickwork; stucco or stucco-like material; organic
or manufactured stone; split-faced block; or other appropriate materials
to a height of two feet from finished grade; the intent being to prohibit
bare, unsightly block at the foundation. Above two feet, foundations
shall be finished with the same materials and in the same architectural
fashion as the balance of the subject elevation.
(24)
The use of dramatic corporate icons, architectural brand theming
and outdoor theatrical lighting is encouraged at the upper levels
of commercial structures or vertical (residential) development.
(25)
Buildings with a maximum building height above the lower of
2 1/2 stories or 35 feet:
(a)
With the exception of access drives, a minimum ten-foot-wide landscaped buffer shall be provided along all lot lines. Along the front lot line (Note: See definitions of "lot, corner," "lot depth," "lot frontage, primary," "lot frontage, secondary" and "lot line, front" for measurements related to corner lots.), such landscaping shall primarily consist of low-growing shrubs, flowering plants and similar vegetation, but may include deciduous trees if not located within any sight triangle required by § 300-47B. A more intense vegetative buffer, consisting of coniferous trees (at a minimum of 10 feet in height at time of planting and planted in double alternating rows), taller shrubs, berms and other appropriate elements, shall be required along the side and rear lot lines.
(b)
All building elevations above grade level shall present the
illusion of an active residential use (if such actual use is not practicable)
or shall be heavily treated with architectural or ornamental elements
so as to avoid a monolithic facade both during the day and nighttime
hours, for the full 12 months of the year.
(c)
It is the City's intention not to permit traditional, open parking
decks wherein parked vehicles are visible to the public. Window-like
cutouts and/or other architectural elements are required so as to
resemble residential units while providing for garage ventilation
as necessary.
C.
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities. In addition to the provisions of § 300-51A and B herein, the following standards shall apply:
(1)
Shall be limited to above-ground-floor permitted uses.
(2)
Shall be functionally separated, by floor, by structural elements
on a floor, and by dedicated entranceway, from the commercial or other
uses within the building.
(3)
Apartments shall contain not less than 800 square feet and have less
than one bedroom and one bathroom (internal to the unit). Studio apartments
are prohibited.
(4)
Townhouses and garden apartments shall contain not less than 1,000
square feet.
(5)
Access to all residential units and public areas shall be in accordance
with the International Building Code and the Americans with Disabilities
Act.
D.
Central Business District. In addition to the provisions of § 300-51A, B and, as applicable, C herein, in order to accommodate parking for mid-block commercial establishments with no ability for side yard parking and no ability to access rear yard parking from the street, and to minimize curb cuts along heavily traveled rights-of-way, it is encouraged that rear yard parking lots be designed with and include cross-easements at the side lot lines to permit vehicle traffic from one lot to another.
E.
Lakes Bay, Absecon Bay and the marine tidal marshes adjacent thereto. In addition to the provisions of § 300-51A, B and, as applicable, C herein, the following standards shall apply:
(1)
The longest dimension of any structure abutting Lakes Bay, Absecon
Bay and the marine tidal marshes adjacent thereto, and extending higher
than 48 inches from grade, shall be oriented perpendicular to such
features; provided, however, that the Planning Board, as part of the
site plan/subdivision review process, may authorize the longest dimension
structure to be oriented parallel to such features where justified
as part of an energy conservation design for such structure.
(2)
Subsection E(1) notwithstanding, in no event shall a structure built with its largest dimension parallel to Lakes Bay, Absecon Bay or the marine tidal marshes, as the case may be, be more than 250 feet in length along such features or extend over or through a natural or man-made wetland or drainage canal without the express authorization of NJDEP via a CAFRA and/or waterfront development permit.
F.
Child-care centers shall be designed and include, in addition to the provisions of § 300-51A and B herein, the following standards shall apply:
(1)
An appropriate porte-cochere area wherein enrolled children may be
picked up or dropped off in a secured environment which is clearly
separated from general street traffic. The appropriatenes" of such
porte-cochere area shall be determined by the Planning Board or Zoning
Board of Adjustment, as the case may be, within the context of the
project concepts and description of project elements submitted;
(2)
Dedicated on-site parking for all employees as well as one space
for each four enrolled children in order to provide parking for parents
wishing to observe the operations or meet with facility staff;
(3)
The porte-cochere area, on-site parking areas and all pedestrian
walkways and similar areas shall be lighted so that the property may
be safely used during nondaylight hours. No light therefrom shall
be directed off site;
(4)
Dedicated, fenced, fully secured and age-appropriate lawn area for
outdoor recreation space for enrolled children of various age groups.
The appropriateness of such recreation space shall be determined by
the Planning Board or Zoning Board of Adjustment, as the case may
be, within the context of the project concepts and description of
project elements submitted; and
(5)
All elements so described shall comply with the Americans with Disabilities
Act.
G.
Automobile or watercraft sales through franchise dealers; automobile fueling stations (with or without automotive and/or marine engine, body or interior repair, which may or may not include convenience stores on premises); automated or manual car washes. In addition to the provisions of § 300-51A and B herein, the following standards shall apply:
(1)
Except for gasoline or oil sales and the manual washing of inventoried
vehicles, the servicing (repair) of vehicles shall be undertaken in
fully enclosed structures.
(2)
The outdoor storage of equipment or parts is prohibited. No vehicle,
in whatever condition, may be stored out-of-doors for more than 10
consecutive days.
(3)
All fuels shall be stored underground. Lubricants may be stored aboveground
if fully enclosed in the principal structure.
(4)
With the exception of access drives, a minimum ten-foot-wide landscaped buffer shall be provided along all lot lines. Along the front lot line (Note: See definitions of "lot, corner," "lot depth," "lot frontage, primary," "lot frontage, secondary" and "lot line, front" for measurements related to corner lots.), such landscaping shall primarily consist of low-growing shrubs, flowering plants and similar vegetation, but may include deciduous trees if not located within any sight triangle required by § 300-47B. A more intense vegetative buffer, consisting of coniferous trees (at a minimum of 10 feet in height at time of planting and planted in double alternating rows), taller shrubs, berms and other appropriate elements, shall be required along the side and rear lot lines.
H.
Waterfront Residential Zoning District. In addition to the provisions of § 300-51A and, as applicable, B, and in order to provide for light, air and open space, to protect adjacent residential communities and natural resources while maximizing views, all structures in the WR Zoning District shall conform to the following building envelope regulations:
(1)
That portion of a principal structure abutting a WR Zone boundary
line and extending interior to the WR Zoning District for a distance
of 25 feet from the zone boundary line: the lower of 2 1/2 stories
or 35 feet.
(2)
Thereafter, as development extends interior to the WB Zoning District,
building height may increase at a ratio of one foot of building height
for every two feet of horizontal distance until such structure reaches
the lower of the building envelope established herein or 60 feet maximum
building height.
I.
Bayside Mixed-Use Zoning District. In addition to the provisions of § 300-51A, B and, as applicable, C herein, the following standards shall apply:
(1)
In order to provide for light, air and open space, to protect adjacent
residential communities and natural resources while maximizing views,
all structures in the BMU Zoning District shall conform to the following
building envelope regulations:
(a)
That portion of a principal structure abutting the Franklin
Boulevard BMU Zone boundary line and extending east for a distance
of 25 feet from the Franklin Boulevard setback line: the lower of
2 1/2 stories or 35 feet.
(b)
That portion of a principal structure abutting the Ingersoll
Avenue BMU Zone boundary line and extending south for a distance of
25 feet from the Ingersoll Avenue setback line: the lower of 2 1/2
stories or 35 feet.
(c)
That portion of a principal structure abutting the western BMU
Zone boundary line north of Engersoll Avenue and extending east for
a distance of 25 feet from the north of Engersoll Avenue setback line:
the lower of 2 1/2 stories or 35 feet.
(d)
That portion of a principal structure abutting the Milan Avenue
BMU Zone boundary line and extending north for a distance of 25 feet
from the north of Milan Avenue setback line: the lower of 2 1/2
stories or 35 feet.
(e)
From the twenty-five-foot building height setbacks established under Subsection I(1)(a) through (d) above, a structure may increase in height as it extends east from Franklin Boulevard and the western BMU Zone boundary line north of Engersoll Avenue, south from Ingersoll Avenue and north from Milan Avenue, at a ratio of 1.5 feet of building height for every one foot of horizontal distance until such structure reaches the lower of the building envelope established herein or 150 feet maximum building height.
(f)
For elevations not subject to the one foot to 1.5 feet ratio,
building setbacks are required, at a minimum, between the sixty-foot
and eighty-foot levels and between the one-hundred-foot and one-hundred-twenty-foot
levels (provided the structure, or portion thereof, reaches such heights)
on all building elevations. Specific setbacks are not dictated, but
shall be appropriate to the architecture of the project. However,
minimum setbacks equal to 66% of the rise to the next setback level
is required. Such articulation need not be on the same horizontal
plane and should be designed to provide differentiation and interest
to the structure's massing.
(2)
Where the exterior wall(s) of a building abut Milan Avenue, Ingersoll
Avenue and the western BMU Zone boundary line north of Engersoll Avenue,
the at-grade setback area shall be heavily landscaped and buffered.
A.
Purpose.
(1)
The intent of these regulations is to prevent land or structures,
including those permitted by right or by special approval, from being
used or occupied in any manner so as to create any dangerous, injurious,
noxious or otherwise objectionable or hazardous condition and thereby
adversely affect the surrounding area.
(2)
Compliance with the requirements of this section shall not be interpreted
as authorizing any practice or operation which would constitute a
violation of any other provisions of this chapter or any other applicable
law, ordinance, rule or regulation.
B.
Application. All uses in all zoning districts shall conform in operation,
location and construction to the performance standards herein specified.
(1)
Fire and explosive hazards.
(a)
All uses and operations involving the use, storage or handling
of explosive or flammable matter shall be in compliance with the fire
protection regulations of the City of Pleasantville as they exist
or may hereafter be amended.
(b)
No activities, other than approved demolition, involving the
manufacture, storage or utilization of materials or products which
decompose by detonation (i.e., explosives) shall be permitted, except
that small quantities of chlorates, nitrates, perchorates, phosphorous
and similar substances and compounds for use by industry, schools,
government, laboratories or druggists may be permitted.
(c)
The storage and use of all flammable liquids and materials such
as pyroxylin plastics, nitrocellulose film, solvents and petroleum
products shall be authorized only by the approval of the Fire Chief.
(2)
Glare.
(a)
No use in any zoning district shall be operated so as to produce
direct or sky-reflected glare or direct illumination across any lot
line from a visible source of illumination of such intensity as to
create a nuisance or traffic hazard or detract from the use or enjoyment
of adjacent property.
(b)
All permitted exterior lights, including signs, floodlights,
parking lot lighting, streetlights and lighting necessary for the
safety and protection of property, shall be made up of a light source
and reflector so selected that, acting together, the light beam is
controlled and not directed across any lot line.
(c)
With the exception of streetlights:
[1]
All exterior lighting fixtures within or adjacent to any residential
zoning district shall be directed and shaded wherever necessary to
prevent the intensity of light from exceeding 1/2 footcandle as measured
at any residential property line.
[2]
All exterior lighting fixtures within commercial or industrial
districts shall be directed and shaded wherever necessary to prevent
the intensity of light from exceeding one footcandle as measured at
any lot line.
(d)
Lighting of parking or loading areas shall, except for emergency
or safety lighting, cease at or before the hour of 12:00 midnight
whenever the distance from the nearest light to the nearest residence
is less than 250 feet.
(e)
Except as part of holiday decorations and as otherwise specifically
permitted by this chapter, no exterior lights that blink or shine
with an intermittent phase are permitted in any zoning district.
(3)
Heat. No use or activity in any zoning district shall be so operated
as to emit or transmit heat or heated air so as to be discernible
at or beyond the property line of the lot on which it is located.
(4)
Odorous matter.
(a)
Any condition or operation which results in the creation of
odors of such intensity and character as to be detrimental to the
health and welfare of the public, or which interfere unreasonably
with the comfort of the public, shall be removed, stopped or so modified
as to remove the odor.
(b)
No continuous, frequent or repetitive emission of odors or odor-causing
substances shall exceed the odor threshold at or beyond the lot line
of the tract on which the odor emission is initiated. An odor emitted
no more than 15 minutes in any one day shall not be deemed as continuous,
frequent or repetitive within the meaning of these regulations.
(c)
The odor threshold as herein referred to shall be determined
by observation. In any case where the owner or operator of an odor-emitting
use or activity disagrees with the enforcement officer, or where specific
measurement of odor concentration is required, the method and procedures
specified by the American Society for Testing and Materials, ASTM
D 1391-57, entitled "Standard Method for Measuring Odors in Atmosphere,"
shall be used.
(d)
Any process which may involve the creation or emission of odors
which would be in violation of this subsection shall be provided with
both a primary and a secondary safeguard system so that control will
be maintained if the primary safeguard system fails.
(5)
Radioactive materials. The handling of radioactive materials, the
discharge of such materials into air and water and the disposal of
radioactive wastes shall be in conformance with:
(6)
Smoke, particulate matter and other air contaminants.
(a)
No use or activity in any zoning district shall cause, create
or allow the emission of air contaminants for more than three minutes
in any one hour which, at or beyond the emission point, are as dark
or darker in shade as that designated No. 1 on the Ringelmann Smoke
Chart, as published by the United States Bureau of Mines.
(b)
Open storage and open processing operations, including on-site
transportation movements which are the source of wind-borne dust and
other particulate matter or which involve dust or other particulate
air-contaminant generating equipment, such as used in paint spraying;
sand, gravel or concrete processing, storage or recycling; or sandblasting,
shall be so conducted that dust and other particulated air contaminants
so generated are not transported across the lot line of the tract
on which the use is located.
A.
Applicability.
(1)
The regulations contained herein shall apply to solar energy systems
intended for the provision of the electrical energy needs of the owner/operator
of the system and/or the property on which the solar energy system
is situated, and not for the generation of electricity for commercial
purposes for resale, except that excess electricity not utilized for
the use on the lot whereon said system is located may be introduced
into the energy grid for credit under New Jersey's Net Metering and
Interconnection Standards pursuant to N.J.A.C. 14:4-9.
C.
Approvals.
(1)
All solar energy systems shall require a zoning permit from the Zoning
Officer and a building permit from the Construction Code Official
prior to installation. Applications for a solar energy system shall
include information demonstrating compliance with the provisions of
this section.
(2)
Approvals under Subsection C(1) shall apply to solar energy systems intended for use as detailed under § 300-53A(1).
(3)
Solar energy systems not intended for use as detailed under § 300-53A(1) shall require approval by the Planning Board or Zoning Board of Adjustment, as the case may be. Solar energy systems not in conformance with any of the following regulations shall require variance approval by the Planning Board or Zoning Board of Adjustment.
(4)
Submission requirements and procedures for zoning permit.
(a)
Applications for a solar energy system shall be submitted to the Zoning Officer in accordance with § 300-34A.
(b)
In addition to the requirements for a zoning permit pursuant to Checklist A and Checklist B of § 300-77, applications for the installation of a solar energy system shall be accompanied by the following documentation and plans, which shall contain sufficient information and appropriate detail for the Zoning Officer to make an informed decision on the application. The level of information required shall be determined by the Zoning Officer:
[1]
Property lines and physical dimensions of the property.
[2]
Locations, dimensions (including height) and types of existing
major structures on the property.
[3]
A sketch plan or survey which shall accurately depict the locations,
dimensions and type of solar energy system proposed.
[4]
All rights-of-way is contiguous with the subject property.
[5]
Manufacturer specifications and/or "cut sheets" of the proposed
solar energy system, certified by a New Jersey licensed professional
engineer, including manufacturer and model.
[6]
Notification of utility company for interconnection purposes.
(c)
Applications for zoning permits for solar energy systems shall be accompanied by the required fee pursuant to § 300-9.
(d)
The Zoning Officer shall review the application in accordance with § 300-34A and shall issue or deny an application for a zoning permit for a solar energy system within 10 days of the date on which the application is received.
(e)
Once a zoning permit for a solar energy system is received,
the applicant shall apply for a building permit under the rules, regulations
and procedures established under N.J.A.C. 5:23.
(f)
Expiration. A permit issued pursuant to this subsection shall
expire if:
D.
Design standards.
(2)
The structural, electrical and other pertinent elements of any solar
energy system shall be designed by a New Jersey licensed professional
engineer. Such design(s) shall be signed and sealed by said engineer,
certifying that the design complies with all of the standards set
forth for safety and stability in all applicable codes then in effect
in the State of New Jersey as well as all provisions of this section.
(3)
Solar panels shall not exceed a height of 12 inches from the surface
of the roof on which they are affixed.
(4)
In no event shall the rooftop placement of solar panels result in a total height, as defined in § 300-10, greater than 12 inches from the maximum building height for a principal building permitted in the zoning district in which they are located.
(5)
Solar panels installed in a rooftop configuration shall be installed
within the actual boundaries or edges of the roof area and cannot
overhang any portion of the edge of roof.
(6)
Installations must not interfere with any operation of any fixture
protruding from the rooftop level as required by the International
Building Code or other applicable codes.
(7)
With the exception of the manufacturer's or installer's identification
in accordance with § 300-53D(11)(b), appropriate warning
signs and owner identification, no signage shall be posted, attached,
affixed or otherwise installed on any component of a solar energy
system. In no case shall any of the aforementioned permitted exceptions
be visible from any property line.
(8)
Ground-based interconnection cabinets and other mechanical equipment
associated with and necessary for the operation of a solar energy
system shall conform with all setback and coverage requirements for
accessory structures in the zoning district where they are located.
Such cabinets shall not exceed 120 square feet in area nor eight feet
in height and shall be equipped with a lock.
(9)
In addition to City approvals required under this chapter, the property
owner/installer of the solar energy system must receive approvals
from any outside agencies having jurisdiction over such systems prior
to the installation.
(10)
Utility notifications and interconnections.
(a)
Solar energy systems that connect to the electric utility shall
comply with New Jersey's Net Metering and Interconnection Standards
for Class I renewable energy systems pursuant to N.J.A.C. 14:4-9.
(b)
Labeling requirements. The interconnection cabinet of the solar
energy system shall be posted with the following:
[1]
A minimum of one "High Voltage" placard shall be posted at or
near ground level.
[2]
A second placard shall be posted at or near ground level informing:
[3]
Similar signage shall be placed on the outside of the building,
near the electrical meter, where an interconnection cabinet is located
on the inside of a structure.
(c)
Utility company notification.
[1]
The Atlantic City Electric Company, its successors and assigns,
and/or as designated by state authority, shall be notified, in writing,
of any proposed interface to that company's grid prior to installation
of a solar energy system and shall conform to any legislated requirements
governing installations of solar energy systems so as to comply with
the utility tariff specifications.
[2]
Evidence of such notification shall be submitted to the City
at time of application.
E.
Construction and installation standards.
(1)
Solar energy systems shall be constructed in accordance with the
appropriate sections of the International Building Code, and any future
amendments and/or revisions thereto.
(2)
The installation of a solar energy system shall conform to the National
Electric Code and shall be subject to, in perpetuity, any and all
requirements for interconnection of the Atlantic City Electric Company,
its successors and assigns, and/or as designated by state authority.
(3)
Wires and cables at ground level shall be properly installed underground
in accordance with the International Building Code.
(4)
Wires and cables on a structure shall be properly installed so as
to be hidden from view or otherwise treated in as aesthetically a
manner as possible.
F.
G.
No easement created.
(1)
The approval of a solar energy system shall not create any actual
or inferred solar energy system easement against adjacent property
and/or structure.
(2)
The owner/operator of a solar energy system shall not infer or claim
any rights to protective writs to any caused shadows or operating
ineffectiveness against future development adjacent to, higher than
or otherwise impacting the subject solar energy system.
(3)
The approval of any solar energy system granted under this subsection
shall not create any future liability or infer any vested rights to
the owner and/or operator of the solar energy system on the part of
the City or by any other officer or employee thereof for any future
claims against such approval that result from reliance on this subsection
or any administrative decision lawfully made thereunder.